CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
03/29/16
Criminal Law Review Part 1
What do you mean by Criminal Law?
- Criminal law defines what crimes are and provides
for their penalties.
What do you mean by crime?
- A crime refers to act or omission which violates
criminal law.
Can you commit a crime by doing nothing?
- Yes. If you are obliged to do something that you
didn‘t do.
What are the sources of penal laws?
1. Revised Penal Code
2. Different Special Penal Laws - crimes not mentioned
in the Revised Penal Code
3. Different Presidential Decrees – these are the laws
enacted by the late President Marcos
Is there a common law crime in the Philippines?
- No. the rule is if there is no law penalizing an act,
there is no crime. Even how morally wrong it is, but if
there is no law making the act a crime, there is no
crime. You won‘t be penalized.
- The government, in line with its police power, has the
power to enact laws defining certain acts to be a crime
through the legislative branch of the government.
From time to time the legislative branch of
government will enact laws defining certain acts or
omissions as crimes. This is on line with the police
power of a state.
Limitations to the power of the state to enact laws:
1. No ex post facto law or bill of attainder shall be
enacted.
- What do you mean by ex post facto law?
 An ex post facto law is a law which makes
an act punishable as a crime when such act is
not yet an offense when it was committed.
 A penal law must have a prospective effect.
As a rule it cannot be given a retroactive
effect. But if the congress would pass a law
penalizing an act although that act when
committed was not yet a crime, then it is an
ex post facto law.
- What is bill of attainder?
 That is a law which inflicts penalty without a
judicial trial.
 It is only the court which will give a verdict
whether the act constitutes a crime.
 When the congress passes a law which
automatically declares a person guilty
without a judicial trial that would be a
violation of the constitution. That would be
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considered a bill of attainder. It would
violate the due process of law.
 What is the definition of due process?
 It‘s the law which hears before it
condemns and renders judgment
only after trial.
- What are other classes of ex post facto law?
 Another is a law which aggravates the
seriousness of a crime or a law which
prescribes a graver penalty of the crime
committed.
 For example, the crime of rape is
punishable by reclusion perpetua. For
instance, a man committed the crime of
rape on May 29, 2013. Suppose later on,
the congress passes a law reviving the
death penalty effective on January 1,
2017, will the accused be given death
penalty?
 NO.
 Suppose the law says that those who
previously committed rape crimes should
also be subjected to death penalty, is it
allowed?
 NO because that law would be
considered an ex post facto law.
 Another, the amount of evidence to
convict a person of a crime is proof
beyond reasonable doubt. Suppose the
amount of evidence would be reduced to
preponderance of evidence, is it allowed
to be given retroactive effect?
 No because that would be
considered an ex post facto law.
CASE IN POINT:
 LACSON VS EXECUTIVE
SECRETARY, GR NO 128096, JAN 1999
The accused has certain rights.
1. Constitutional rights
- Rights embodied in our Constitution, Art. III, Bill of
Rights.
2. Statutory rights
- These are the rights granted by the Rules of Court.
Rule 115 provides for the rights of the accused.
- Some statutory rights are also constitutional rights.
For instance, the right to speedy trial is contained in
the Constitution and in the Rues of Court.
What are the rights of the accused that can be waived?
- Those rights that are personal to the accused can be
waived.
- What are these rights personal to the accused?
 Right to cross-examine. The accused may or
may not conduct cross-examination.
 Right to bail. Accused may not post bail.
 Right to appeal.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
What are the rights of the accused that cannot be waived?
- Those rights that affect public policy cannot be
waived.
 The right to be informed of the nature and
cause of the accusation against him.
Characteristics of our penal laws:
1. Generality or General
- GR: Our penal laws are binding against all
persons who live or sojourn in the
Philippines.
- For example a Korean stabs another Korean.
Can he be held liable?
 Yes. He can be charged with homicide
or murder because he is in the
Philippines and committed crime in the
Philippines.
- What about the military killing another
military or soldier? Can he be charged with
murder or homicide?
 Soldiers or militaries can be charged in
our civilian courts or under the military
court martial.
 The civilian courts have concurrent
jurisdiction. A case can be filed against
them in the civilian courts or in the
military court martial provided it is
service connected. So if a soldier
committed a crime which is service
connected, he can be tried in the civilian
court or in the court martial.
 CASE IN POINT: NAVALES VS
ABAYA, GR NO 162318, OCT 2004
- EXP:
a) By virtue of treaties or treaty
stipulation with another country
exempting their nationalities from
operation of our penal laws
- If the Philippines has a treaty with
another country exempting their
nationalities from operation of our
penal laws, that should be
respected.
- Ex, the Military Bases Agreement.
Before, if the American soldiers
commit a crime in the Philippine,
we do not have jurisdiction.
- Now, we have the Visiting Forces
Agreement. Under the agreement,
they are only allowed to use our
military bases. Under the VFA, if
the American soldiers commit a
crime, they should be tried in the
Philippines.
b) The law of preferential application
- Example, the congressmen and
senators, if they commit a crime
penalized by imprisonment of 6
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years or less, they cannot be
arrested while congress is in
session.
- RA 75 mandates that foreign
diplomatic representatives
including their domestic servants
cannot be arrested if they commit a
crime.
- CASE IN POINT: SHAUF VS CA,
191 SCRA 713
Law on Preferential Application
R.A. 75
- Foreign diplomatic representatives such as
ambassadors cannot be arrested. This includes their domestic
servants. They cannot be arrested when they commit a crime.
The only thing we can do is to declare them as persona non
grata "unwelcomed visitor". They will then be sent back to
their country because they are immune from arrest and
immune from suit.
Shauf vs. Court of Appeals 191 SCRA 713
(kung ni ingun ko tan.awa, basaha gyud na kay mu gawas na
- It involves grave oral defamation.
Another exception to the characteristic of generality for
persons exempt from our criminal laws are those covered
under Public International Law. There are foreigners who are
also exempt from arrest by reason of PIL. Such as:
1. Sovereigns and Heads of State.
- If Obama visits and he commits a crime. He
cannot be arrested. He is immune from suit. Chiefs of state
such as kings cannot be arrested when they commit a crime.
2. Ambassadors, ministers, ministers plenipotentiary,
minister residents and charge de affairs
- As a rule, a consul is not immune from suit.
They can be arrested and charged unless there is a treaty in
effect exempting them from arrest or suit.
- do you remember when there was a Chinese
(Consul) who killed someone here in the lighthouse? He was
only sent home. There were lawyers who wondered why he
was not charged. Maybe there was a request from the Chinese
embassy that they will be the ones to take care of him.
2. Territoriality
- Our law is like a dog. A dog is only aggressive if it is
within your premises. If you take it outside, its tail will be
between its legs. Same as a ―bogoy2x‖ in the street, he will
only be tough in his own street.
G.R. - Our penal laws are only effective within our
territory
Example:
An OFW married here in the Philippines. Nakig "iring²"
in Singapore or Hong Kong. Can he be charged of
adultery/concubinage? No, because our penal laws are only
effective within our territory. If he goes out of the territory
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
then our penal laws are no longer effective. If he gets married
there, it is supposed to be bigamy but considering that our
laws are territorial. He cannot be charged here in the
Philippines. So if your husband is overseas and has someone
else there, you should do the same here. But if he has a live in
partner there and brings her here and continues their
relationship because there is a thing called "forever" then he
can now be charged here. He already committed the crime
within our territory.
There are exceptions to the Territoriality principle of our penal
laws
Stated under Article 2 of the Revised Penal Code:
1. A person commits a crime on board a Philippine
ship or airship
- Take note on Philippine registered not just
Philippine owned. It is the registration that
matters.
Example:
The crew on board an international cruise ship,
traversed the Pacific Ocean and then they were watching the
game between OKC and GSW. They were betting with each
other and drinking intoxicating drinks. GSW won the game
and the losing party didn‘t pay his end of the bargain, so he
was stabbed. Upon reaching the Philippines in the Cebu
International Port, he was charged of homicide but the crime
was committed why the ship was on its voyage. Is he liable
even if he filed a motion to quash the information for lack of
jurisdiction because at the time the crime was committed, the
ship was still at the Pacific Ocean.
He is still liable because of Article 2 of the RPC. The
motion to quash is not meritorious due to extra-territorial
effect. It will be tried in any RTC.
2. A person who forge or counterfeit Philippine
currency.
- Making Philippine notes in Hong Kong will
still be within the jurisdiction of the
Philippines because of extra-territorial
jurisdiction.
3. Introduction of these counterfeit or fake notes in the
Philippines.
- It is not necessary that you are the one
making the fake notes but as long as you are
bringing them inside the country you are
liable.
4. A person commits a crime while being employees if
the government.
- Public officers
- There are instances where you are a public
officer and you commit a crime abroad.
- ex. Employees of the Philippine
embassy asking for bribes or
falsifying documents.
- Being a public official abroad and
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using money other than its
intended purpose will make you
liable for malversation although the
crime was committed abroad.
5. A Filipino commits a crime against national
security or the law of nations.
- Against National Security
- Treason, misprision of treason
- Treason is a war crime
- Only committed during war
- Even if you are in China and you
commit treason you are still under the
jurisdiction of the Philippine laws.
- Crimes Against the Law of Nations
- Piracy - is a transnational crime
- does not have any boundary
ex. Pirates of Somalia, pirates a Japanese ship and was chased
towards the Philippines and was caught here, they can be tried
in the Philippines even if there are no Filipinos involved
because it involves a crime against the laws of nations.
3. Prospectively
- Penal laws will always have prospective application
G.R. - Laws cannot be given retroactive effect because it
will be considered as an ex post facto law. A violation of the
constitution.
ex. The death penalty was implemented and later on
removed. Then it was revived again. It cannot be given
retroactive effect for the persons charged of crimes during the
time there was no death penalty because it will be considered
an ex post facto law.
Exp. When a penal law is favorable to the accused.
- For persons sentenced for death, upon the removal of
the death penalty, their sentences were reduced from death to
reclusion perpetua or life imprisonment.
Exp. To the Exp - The retroactive effect will not be
applied if the accused is a habitual offender.
- When the law expressly provides
that the law will not apply to
pending cases.
Interpretation of Penal Laws
- Strictly against the government
- Favorable to the accused
Doctrine of Pro Reo
- When a circumstance is capable of two or more
interpretations, an interpretation which is
favorable to the accused will be adopted.
Doctrine of Equipoise
- In convicting an accused, the prosecution must
be able to present proof beyond reasonable
doubt.
- Where the evidence of the parties are of equal
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
weight and the prosecution is not able to present
evidence of proof beyond reasonable doubt. The
accused must be acquitted.
The Revised Penal Code
History
When the Philippines was under Spanish rule,
there was a penal code. It was copied from the Spaniards. In
the 1930's, when the Philippines was under American
command, the penal code which was used during Spanish
reign was modified and is now the Revised Penal Code. The
wordings in the RPC especially in the penalties are latin or
Spanish terms. Even though there are a lot of amendments, it is
still basically the same. There is a proposal though to enact a
Code of Crimes. It codifies the RPC and the Special Penal laws.
The Revised Penal Code is divided into 2:
Book I - Modes and Circumstances Affecting
Criminal Liability
Book II - Crimes and their Penalties
Art. 2. Application of its provisions. — Except as provided in
the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the
Philippine Archipelago, including its atmosphere, its interior
waters and maritime zone, but also outside of its jurisdiction,
against those who:
1. Should commit an offense while on a Philippine
ship or airship ;
2. Should forge or counterfeit any coin or currency
note of the Philippine Islands or obligations and
securities issued by the Government of the
Philippine Islands;
3. Should be liable for acts connected with the
introduction into these islands of the obligations
and securities mentioned in the presiding number;
4. While being public officers or employees, should
commit an offense in the exercise of their functions;
or
5. Should commit any of the crimes against national
security and the law of nations, defined in Title One
of Book Two of this Code.
- about the territorial application of our penal laws
- it shall be enforced not only within our country, not
only within the Phil archipelago, including its
atmosphere, its interior waters and maritime zone but
also outside of its jurisdiction
- this is so because of the extra territorial application of
our penal laws
- GR: it is only applicable within our territory
- Exception: extra territorial application
- EX: kill someone at Scarborough Shoal, who has
jurisdiction, Phils or China?
1. Should commit an offense while on a Philippine
ship or airship ;
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- TN: basis is the registration and not the ownership of
the ship or vessel
- Suppose the Phil registered ship is anchored in
Malaysia. While the Phil registered ship is anchored
in Malaysia a crew member, a Filipino killed another
member of the crew. He was charged with homicide.
He filed a motion to quash arguing that the court
doesn‘t have jurisdiction because the crime was
committed in Malaysia. Do we have jurisdiction? Yes,
but TN that the crime was also committed in
Malaysia. Malaysia or where that country is anchored
may take jurisdiction of the offense. It can also be
punishable in their country. So once that country
where the crime is committed will take jurisdiction,
we will not anymore take jurisdiction since he is
already imprisoned there.
- Crimes committed on board a Philippine registered
ship while in a territory of another country is still
triable in the Phils if such country does not take
jurisdiction of such crime
- If foreign registered anchored in our country, do we
have jurisdiction? Of course!
- If foreign registered merchant vessel, our courts
have jurisdiction over crimes committed on board
such vessel, over crimes committed in our territory
unless the crime committed merely affects the
internal management of the vessel.
- CASE: US vs Look Chow, US vs Fowler
- If foreign warship like an American warship who will
visit the Philippines and then there will be a crime
that will be committed on board such ship. Do we
have jurisdiction? We do not have jurisdiction over
foreign warship on crimes committed on board that
ship within our territory.
Title One
FELONIES AND CIRCUMSTANCES
WHICH AFFECT CRIMINAL LIABILITY
Chapter One
FELONIES
Art. 3. Definitions. — Acts and omissions punishable by law
are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the wrongful act
results from imprudence, negligence, lack of foresight, or
lack of skill.
- felony: refers to an act or omission in violation of the
RPC
- if we refer to felony then those are those acts
penalized under the RPC
- crime: a broad term; it includes felony
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- there must be an act or omission and such act or
omission must be penalized by the RPC
- there is no crime if there is no law penalizing an act or
omission
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
- deceit otherwise known as dolo (the latin term), fault
the latin term is culpa
- So is there a crime when you are doing nothing?
- EX of crimes when you are doing nothing and yet one
is liable/omission penalized by law
o Cashier of the government and you do not
issue a receipt. So you are doing nothing.
You are liable for the non-issuance of a
receipt.
o A law enforcer arrested a criminal
inflagrante delicto (caught him in the act of
committing a crime). One is mandated, since
he is the arresting officer to file a case against
the arrested person within the period of 12,
24, 36 hours. If one fails to do that, held
liable for arbitrary detention.
- A person is criminally liable for an act or omission in
violation of the RPC.
- In order to be held criminally liable, there must be an
act or omission committed.
- Requisites of Felony:
1. Act committed or omission incurred
2. The action must be punishable by the RPC
3. The act or omission incurred must be
committed by either dolo or by culpa
- Requisites/Elements for dolo or malice:
1. Freedom
o if a person kills another person but if he did
it out of uncontrollable fear or irresistible
force then that person is not liable because
he committed the crime without freedom.
He did it under of the compulsion of an
irresistible force or uncontrollable fear.
o 7 years ago in the news. Somewhere in
Mabolo, the employer went home drunk at
around 11 PM. He called his driver and his
helper. He got his gun then he ordered both
of them to take off their clothes. He then
pointed his gun to the two and told the
driver to have a sexual intercourse with the
helper. So the helper was raped by the
driver. The driver did it because if he won‘t
then he‘ll be killed. The helper, after the act
ran and escaped. She went to the Mabolo
police station and reported the incident
regarding the employer and the driver. The
employer as well as the driver were charged
with rape. If you were the counsel for the
driver, what will be your defense? (How will
you argue the case that your client is not
liable) He performed the act without any
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freedom. He could not be held liable. He
committed a crime under the compulsion of
an uncontrollable fear.
o A person committing a crime under the
compulsion of an uncontrollable fear or
irresistible fear, like when a gun is pointed at
your head or one is hitting your head with a
gun if you won‘t do it. A person is reduced
to a mere instrument. He has no option, he
has no choice. He cannot be held criminally
liable due to one of the requisites. In order
for a person to be held criminally liable for a
crime committed by means of dolo a person
must have freedom.
- Dolo or deliberate intent. One has the intention to
commit a crime.
2. Intelligence
o in order to be held liable, a person
committing a crime by means of dolo must
have intelligence.
o If it is found out that at the time the person
committed the crime, he does not have
intelligence, there is complete absence of
intelligence he is not liable.
o Imbecile(a person who is chronologically
adult but with a mental ability which is
equivalent to a child who is 6/7 years old) or
completely insane person cannot be held
liable
o Being insane at the commission of the
crimeand or being an imbecile is not
criminally liable due to the absence of
intelligence
o RA 9344, Juvenile Justice and Welfare Code:
a child who is 15 years old or below is
exempt from criminal liability because the
law considers that child to be absent of
intelligence. He does not have the capacity to
determine what is right and wrong (rationale
of the law).
3. Intent/Criminal Intent
o in order to be held criminally liable, a person
must have criminal intent
o TN: intent is a mental activity
o How would you know once a person wanted
to steal or kill? That is presumed.
o A person who kills another person without
any justifiable reason is presumed to have
criminal intent. But the presumption is
rebuttable. If that person can present
evidence, which would prove that he does
not have any criminal intent, then he will be
acquitted.
o US vs Ah Chong: There was a case wherein
there was a roommate. The roommate went
out late at night and there was another guy
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
who was left since he just wanted to sleep.
He wanted that when his roommate came
home he didn‘t have to stand and open him
but he was also scared that they might be
robbed. So he preferred that he not lock the
door but he placed a chair to block the door.
If the roommate enters the room he would
just push the chair but if another person does
then he would also be aware. While he was
asleep a person who was attempting to
slowly open the door awakened him. He
called out and asked, ―Who are you?‖ But
there was no answer so he stood up and
went closer to the door. He was then hit by
the chair so he stabbed the person who hit
him because he thought it was an intruder or
robber. But when he turned on the lights, it
was his roommate who was only trying to
scare him. The roommate died. He was
charged with homicide and convicted. The
case reached the SC. Is he liable? According
to the SC, he is not because there was no
criminal intent on his part. He was
performing a lawful act of self-defence
although there was the so-called mistake of
facts.
o Mistake of fact or ignorance of facts will
excuse a person from a criminal liability. To
be relieved from any criminal liability, there
must be no dolo or culpa on his part. There
must be no deliberate intent to commit a
crime. There must be no fault. There must be
no negligence. There must be no imprudence
on his part in committing the act.
o Elements of Mistakes of Facts:
1. that the accused performed an act which
would have been lawful had the facts
been as the accused believed them to be
under the intention of the accused in
performing the lawful act should be
lawful
 the actor performed an act which
would have been lawful if the facts
were true as he believed them to be
 Ex: if it was true, as what was going
on in his head that it was really a
robber that came in then attacked
him, would he be liable? No
because he was hit by the chair,
There was an unlawful aggression.
And when he stabbed the person he
was performing a lawful act. He
used mean to repel the attack.
 The act of stabbing, was it lawful?
Yes because it was self-defence. Is it
a crime to defend oneself? No.
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2. There must be no malice or fault or
carelessness on the part of the accused.
 Ah Chong case: was the accused
careful? Yes because he asked,
―who are you?‖ But there was no
answer.
- Requisites for the crime of culpa or fault:
1. Freedom
2. Intelligence
3. Negligence or Imprudence
- Ex: a person is driving his car. Then while driving, he
received a message so he read it but he didn‘t notice
that it was already the red light so he hit a pedestrian.
Is there freedom? Yes there is freedom. Is there
intelligence? Of course. Would an insane person be
able to drive? But was there criminal intent on his
part to kill the pedestrian? None but there is
negligence or imprudence. There was lack of
foresight. Not good to tinker with phone while
driving. It is the same with driving while drunk. So
there is negligence or imprudence on the part of the
driver thus he is liable. He is liable for a crime
through culpa. He could be charged and held liable
for reckless imprudence resulting in homicide.
- A crime committed with criminal intent is more
serious than a crime committed with negligence.
What is graver, one wherein you intentionally killed a
person or killed a person because you were negligent?
Intentional killing.
- So that is why there is a higher penalty a crime of
murder or homicide as to reckless imprudence
resulting to murder or homicide. The penalty for
reckless driving resulting to murder or homicide is I
think not over 6 years. The penalty for homicide is a
minimum of 12 years and 1 day – 20 yearsor murder
is a minimum of 20 years and 1 day – 40 years.
- To be held liable for a felony: there must be an act or
omission, 1st requisite. The act or omission must be
penalized by the RPC. That the third, the act or
omission is committed either by of dolo or culpa.
DOLO; CULPA
1. Committed by Dolo, meaning by deliberate intent are
called intentional crimes, whereas those
2. Committed by Culpa are culpable crimes.
 There is deceit when the act is performed with deliberate
intent; and
 there is fault when the wrongful act results from
imprudence, negligence, lack of foresight, or lack of skill.
Actually negligence and lack of foresight are the same.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- When you are negligent there is lack of foresight on
your part. When you are imprudent that means there
is lack of skill.
Case: The Chief of police and his subordinate were executing a
warrant of arrest for a notorious criminal. Bringing the warrant
of arrest, they went to the house were the person subject of the
arrest was. Upon reaching the house, they saw a person
sleeping lying on his side, with his back fronting them. Now
believing that that person was the subject of the arrest and
considering that, that person was a notorious criminal, they
immediately fired their gun at him. It so happened that it was
not the person they were looking for. And so they were
charged with murder. Question, are they liable? Yes.
- Now they argue that they can be liable only for
reckless imprudence resulting to homicide. Are they
correct? No. Because they had criminal intent. Unsa
man tawn ang sala atong tawhana nga natug ra man.
They could‘ve justified the use of their firearms kung
nisukol pa to. Kung wala to nisukol, ila ta to
gipasukol. And bisan pa to nisukol di man justified
nga imo patyon kay di man necessary na nga patyon.
So they are liable for Murder.
- Why is it that they should be liable for Murder? Because
there is treachery. There is treachery when the victim
doesn't have the opportunity to defend himself.
- Why not reckless imprudence resulting to homicide?
Because when treachery is committed, it
presupposes that they committed the crime with
criminal intent. Because when a crime is committed
by means of culpa, the perpetrator has no any
criminal intent, just negligence or imprudence.
Case: Nay tanod natulog sya mga 2 o‘clock. Gipukaw sya sa
iyang silingan kay nakakita ang silingan ug taw nga nagdrive
ug motor and nagpabuto, so iya gipukaw to ang brgy tanod.
Nya ang brgy tanod, nibangon unya naa man syay pusil nga
dili ra ba lisensyado, nigawas siya unya kakita sya sa taw nga
nagsakay ug motor gadala pud ug pusil. Ay iyang gipusil
dayon oi. Hala kay it so happened nga nag shooting diay. Nag
shooting ra diay to. So liable ba ang brgy tanod?
- Ang panutana dira kay naa bay crime nga gicommit
katong actor. I don‘t know what happened to that
case. He was charged with I think it was murder or
homicide ba.
Remember ha, when a crime is committed by means of dolo,
criminal intent is a requisite. So if the prosecution fails to
prove that there was intent, then he would be acquitted.
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GENERAL CRIMINAL INTENT; SPECIFIC CRIMINAL
INTENT.
Dunay ubang kaso na aside from general criminal intent, the
prosecution must also be able to prove specific criminal
intent. Again, SPECIFIC CRIMINAL INTENT.
Usually, it‘s only the general criminal intent that is required to
be established- it is actually presumed. But there are some
crimes that require proof of specific criminal intent.
Example. Attempted homicide or attempted murder. So
kung pananglitan dunggabon ka or pusposan kag baseball
bat diri sa ulo unsa may crime nga nacommit? Let‘s say
wala namatay.
- That could be attempted murder or attempted
homicide or
- if the wounds are serious and if it‘s not for the timely
medical assistance, ang biktima wala namatay. That
could be frustrated homicide or frustrated murder.
- HOWEVER, in order to convict the accused of such
crime- attempted homicide, attempted murder,
frustrated homicide, frustrated murder, the
prosecution must be able to prove the specific intent
of INTENT TO KILL.
- Because if the prosecution fails to present evidence
showing intent to kill on the part of the accused, the
accused cannot be convicted of frustrated homicide or
frustrated murder. Bisag hapit pa na siya mamatay,
nag comatose sa hospital. Kung dili maka prove ug
specific criminal intent, the accused cannot be
convicted of frustrated homicide or frustrated murder
but only of serious or less serious physical injuries or
slight physical injuries, depending upon the
seriousness of the wounds.
- So kanang serious physical injuries, or less serious, or
even slight physical injuries, nagkinahanglan ra na
siya ug general criminal intent. Pero kung mucharge
na gani ka ug attempted homicide, attempted
murder, frustrated homicide, frustrated murder
nagkinahanglan na na siya ug specifical criminal
intent to kill. Kasabot mo?
So there are some crimes that require proof of specific
criminal intent otherwise the accused will not be convicted.
- THEFT. That requires the SPECIFIC CRIMINAL
INTENT TO GAIN. If there is no evidence of specific
intent to gain on the part of the accused, he cannot be
convicted for theft.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

TWO KINDS OF CRIMES they become wrongful

Crimes committed by Crimes committed by
dolo culpa
Requires general criminal
intent or in the case of
some crimes, proof of
specific intent.
There are crimes that do not require criminal intent. And what
are these crimes? These are the crimes in violation of Special
Penal Laws.
Example 1: violation of PD 1866. (What are these PDs again?
Presidential Decrees! Kinsa pay nag enact ani? Marcos!)
Okay so for example naa kay frat. Membro ba ka ron sa Acro
or Tau Gamma. Unya naa kay (..) unya giingnan ka nga ―Bai!
Timan.i ni ako sulti, sunod natog kita duk.an gyud tikag
(something) sa imong ulo. Tungod ato iya giingon kay nag
dala dala na siyag pusil. Laliman kag buk.on imong ulo?! Mas
mayo pang imo ulo ang mabu.ak kaysa akong ulo imong
buk.on.. Mao dada dayn syag pusil. Pero ang imo tuyo ato is
for self- defense. Is self- defense a crime? Is defending yourself
a crime?
Hala kay nasakpan man ka kay na may election. Dunay
checkpoint. Nakuha ang imong pusil, gipangitaan kag
documents, licenses- license to possess and license to carry. Wa
kay napakita so gicharge ka. Imong depensa, you didn‘t have
any criminal intent in carrying your firearms kay your purpose
was for self- defense. You didn‘t have any intent to rob. You
didn't have any intent to kill anybody. But just in case you will
be attacked. Are you liable?
- YES. Because criminal intent is immaterial in a crime
punishable by Special Laws.
Such as murder, rape, only because there is a
robbery. law prohibiting such acts.
Good faith is a defense GF is not a defense
because intent is not
material
Most of the crimes here Most crimes here are
are punishable under the punishable by SPL.
RPC.
Ngano niingon man ko nga most, ngano wala man ko niingon nga
―all‖? Dunay kaso.
Case: (Take note because this came out twice in the BAR).
Kaniadto, kanang members of the Board of Election Inspectors
(kana bitaw magbuhat sa list of voters). Magbuhat na sila mga
tulo ka list. Tagaan ra na sila ug usa ka libro nga listahan nya
magbuhat sila ug 2 other lists. Kopyahon nila tong lista gikan
ato gihatag, kay wala pa may computer niadto. Just imagine sa
isa ka bulk of voters dunay 200 or 300, usahay pa 500 depende
sa kadako sa precinct.
Kato naglista na sila, kapoy na siguro kay to sila. Nay mga
voters nga na-omit so wala sila ka vote. Meaning they were
disenfranchised. The teachers were charged with violation of
the election code. They raised good faith. According to the
prosecution, a violation of the Election Code is a violation of a
special law. According to the prosecution it is malum
prohibitum, therefore good faith is not a defense. Giconvict sila
sa trial court.
But on appeal they were acquitted. Matod pa sa CA, although
the law violated is a Special Penal Law, the act of
disenfranchising a voter is considered mala inse. It is wrongful
by its nature. And because it is wrongful by its nature then
good faith is a defense.

Example 2: Kanang muadto ka sa airport. Kanang musakay So mao na ako buti pasabot ninyo nga dili tanan na lalaki
kag barko, musakay kag eroplano. Unya inspeksyonon imong dunay uyab na bayi. Nay uban laki dunay uyab na lalaki.
bag, muana ka ―Hinay- hinay dira mam kay naa nay bomba‖.
Dakpun ka! Dakpon ka. Are you serious with your words? - Mao na, not all mala inse are penalized by the
You were just joking! Pero ngano prisohon man ka? Revised Penal Code, some of them are penalized by
Special Laws.
- Because in an offense punishable by special law,
intent is immaterial. What is required is only the 2 Types of Felonies
fact that you committed the act prohibited by law. MALA IN SE MALA PROHIBITA

- Ang pangutana ra jud diha dili kay do you have Wrongful by nature Wrongful by virtue of a penal
criminal intent, kundi did you commit the act law penalizing such
prohibited by law. If the answer is yes, then you are acts/omission
liable. It is immaterial whether you have the intent.
Okay do you understand?

MALA INSE VS. MALA PROHIBITA

Mala inse Mala prohibita

by their nature they are they are not by their
bad, they are wrongful. nature wrongful, but
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Good faith and lack of Good faith not a defense since
criminal intent are good criminal intent is immaterial
defenses in mala in se
- Good faith not a
defense in ―technical
malversation‖ People v.
Ysidoro Nov. 14 2012
MOTIVE – reason for the accused to commit the crime
Is it necessary for prosecution to present proof of motive?
GENERAL RULE: Proof of motive or evidence establishing
motive is not necessary.
Example:
Mayor killed his political rival; motive is political
Husband killed the paramour of his wife; motive is jealousy or
love triangle
EXCEPTIONS:
1. When the act brings about variant crimes
Example: when teacher is attacked on his way home by a
student, is the accused automatically liable for direct assault
the fact that the victim is a teacher? No! It must be proven that
the reason of the attack has connection to the performance of
the duties of the teacher, if the attack has nothing to do with
the performance of the teacher, then it is not considered direct
assault. So there must be proof of MOTIVE.
2. When the perpetrator is not positively identified due to lack
of witnesses
3. To determine whether the killing was intentional or
accidental
4. When accused claims self-defense
Article 4.When is criminal liability incurred?
- By any person committing a felony
- Although the wrongful act or the resulting crime
done is different from that which he intended to
commit
- A person is liable for all the direct, natural and logical
consequences of his felonious act
Circumstances/possible scenarios wherein the resulting c
rime is different from what the accused intended: (APE)
1. ABERATIO ICTUS – The crime committed is different from
what is intended; there could be 2 crimes, against the victim
and the unintended victim.(Article 48. Complex Crimes)
Example: X wanted to kill Y. The bullet went through
Y and hit A who was sitting at the back of Y. Both died. X is
liable for both crimes committed.
2. PRAETER INTENTIONEM – lack of intent to commit so
grave a wrong
Example: X punched Y. Y fell to the concrete and hit
his head and died. X has no intention to kill Y. X is liable.
3.ERROR IN PERSONAE– The offender meets the object to
which the felonious act is aimed, however, mistaken in the
identity of his victim.
Example: X wanted to kill Y. X waited for Y in a dark
alley. When X saw a person going to his direction, and the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
figure resembles to that of Y, X immediately fired his gun.
However when he approached the body, he found out that it
was his father that he shot. X is liable for parricide.
Other scenarios:
1. Accused was cleaning his licensed firearm. Upon finishing,
accused wanted to test out his gun. Upon searching for a
target, a cat passed by the walls of his property. He then tried
to point the gun at the cat. Accused fired the gun with the
intention of hitting the cat. Unfortunately, the cat jumped and
the bullet hit his neighbor instead on the other side of the wall.
Is he liable for unintentional crime of homicide? or reckless
imprudence resulting in homicide?
Take note that article 4 is applicable only for unintentional
crime, it says different from the crime which intended to
commit, so he must have intention to commit such crime. He
was charged with homicide, is he liable? he doesn‘t have any
criminal intent to kill his neighbor! They were friends!
Take not that a person committing a felony is liable for the
felony committed even if the felony is different from that
which he intended to commit. In this case, the intention to kill
the cat is malicious mischief which is a felony penalized under
the RPC. Hence, he could be liable for homicide.
Note: To be held criminally liable for the resulting crime/act,
the person must be committing a felonious act; he must be
committing a crime in order to be held criminally liable for the
RESULTING ACT which is different from the crime he
intended to commit.
2. X decided to commit suicide. He decided to jump over
Mactanbridge. As he was about to jump, he closed his eyes,
asking for a sign from God. As he opened his eyes, he saw a
billboard from Nike (JUST DO IT!), without hesitation, he
jumped. Unfortunately a fisherman who was spearfishing just
came above the water and was hit by X who jumped. The
fisherman was killed and X survived. Question, is he liable?
In order for Article 4 to apply, the intended act must be a
felonious act, so, is committing suicide a felonious act? The
answer is no, he cannot be held liable. However, it could‘ve
been different if he saw the fisherman before jumping, then he
could‘ve been liable for reckless imprudence resulting to
homicide. Ok?
Note: Just look at the INTENDED ACT or the ACT WHICH
HE INTENDED TO COMMIT, if it is a felonious act, then he
is LIABLE under Article 4. A person who committed a
felonious act is liable for all the direct, natural and logical
consequences of his felonious act.
JUNE 1, 2016
Criminal Law Review Part 2
Criminal liability shall be incurred by any person
committing a felony. (cont. of Art 4)
Felony is an act or omission which is in violation of the RPC.
So if an act or omission does not constitute of the RPC, then it
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
is not a felony. But of course if it is in violation of a SPL, then
that will still be a crime.
To recap: (Criminal liability incurred when)
1. By any person committing a felony and by any person an
unintended felony provided that the unintended felony is
the direct, natural and logical (DNL) consequence of the
intended felonious act.
Example:
Mr. X tried to stab Mr Y. Mr Y was able to
move away. Mr Y tried to get the knife and
disarm Mr X. In the course of trying to
disarm X, Mr. Y incidentally injured Mr. A.
Is Mr. Y liable for the injury caused to Mr. A?
- No, because Mr. Y was not committing a
felonious act. Defending oneself is not a
crime. He was performing a lawful act.
To be liable, there must be a logical connection. Meaning there
must be a relation between the felonious act and the resulting
crime. In other words the resulting act must be the proximate
cause of the intended felonious act.
Proximate Cause: such adequate and efficient cause as, in the
natural order of events, and under the particular circumstances
surrounding the case, which would necessarily produce the
event.
When there is an ACTIVE FORCE that intervened between the
felony committed and the resulting injury and that active force
is a distinct act or fact absolutely foreign from the act of the
accused, the accused is not liable.
Examples:
1. Accused boxes the victim. But
accidentally the horse nearby jumped on the
victim. Is accused liable?
- No. The death of the victim can’t be considered
as the direct natural and logical consequence of
the boxing of the accused. The jumping of the
horse is an active intervening force. The accused
could be held liable of slight physical injuries
only but not of the death of the victim.
2. The accused inflicted physical injuries on
the victim. But the victim deliberately
immersed his body on contaminated water.
Infected and so it became serious. Liable?
- No. The accused can’t be liable for serious
injuries but only of slight physical injuries.
Deliberately immersing the body into
contaminated water can be considered as an
active intervening force. The resulting injury is
the result of the intentional act of the victim
himself. (US vs Delos Reyes. GR 13309)
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
3. The accused stabbed the victim with a
bamboo stick and the accused was brought
to the hospital but was not confined. 21 days
later, the victim was brought again to the
hospital. The next day he died. Accused was
charged with homicide. What is the liability?
- Try to see the decision of the SC. I will not
spoon feed you! (Pp vs Villacorta GR No.
186412 9/7/11)
4. If the accused is carrying a knife and
chased the victim. Due to fear, the victim ran
away. When he saw the accused nearing
him, he jumped into the sea but the victim
doesn‘t know how to swim. Victim died.
Liable?
- Yes, Legal Basis: Article 4.
5. If the accused staged a robbery in a
jeepney. X out of fear, jumped off the
jeepney but she hit her head first on the
concrete and died. Liable for ROBBERY
ONLY or ROBBERY WITH HOMICIDE?
- Robbery with Homicide! Legal Basis: Check this
case (Pp. vs Pahi 77 SCRA 348)also check (Pp vs
Valdez 41 Phil 497)
Another instance when a person is criminally liable is:
2. By any person performing an act which would be an
offense against persons or property, were it not for the
inherent impossibility of its accomplishment or on account
of the employment of inadequate or ineffectual means. (AKA
IMPOSSIBLE CRIME)
Familiarize yourselves with crimes against PERSONS and
PROPERTY.
 Felonies against persons: parricide, murder, homicide,
infanticide, physical injuries, etc.
 Felonies against property: robbery, theft, usurpation,
swindling, etc.
Elements of Impossible Crime:
a. accused is performing an act, and such act would have been
a crime against PROPERTY AND PERSONS.
b. there is legal or physical impossibility of the
accomplishment of such act/ its accomplishment is inherently
impossible
c. its employment is inadequate or its means is ineffectual
d. the act performed should not be a violation of any provision
of the RPC
Impossible Crime is the only crime which is penalized under
Book 1. All other crimes are defined in Book 2.
 Penalty for Impossible Crime: ARRESTO MAYOR
(found in Art 58)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Impossible crime is not really a crime but the RPC
imposes a penalty because of the person‘s CRIMINAL
TENDENCY.
Examples:
1. X saw Y (his enemy) sleeping on a bamboo
bed. He stabbed Y. But it so happened that Y
died 3 hrs ago pa. What crime is committed?
- Impossible crime! Crime would‘ve been
murder had it not been for its legal/ physical
impossibility to accomplish the crime. You
cannot kill a dead person.
2. X saw a beautiful lady sleeping on a
bamboo bed and X raped the lady. But the
lady was actually dead 2 hours prior. Crime
committed?
- Impossible crime to commit rape! Why?
Rape is a crime against persons and there
was legal/physical impossibility to
accomplish the crime.
3. X secretly took away the cellphone of Y. X
later discovered that that cellphone was the
same phone he lost last week. Crime?
- Impossible crime TO COMMIT theft. Take
note: IMPOSSIBLE CRIME gani, ang
apilyedo kay TO COMMIT (murder, rape,
theft) --- Remember, crimes against Persons
or Property ra ni.
4. W is tired of H, her husband being a
womanizer/drunkard. Ig sweldo, di mo
hatag sa sweldo, hubog pa! So in the
morning, W made coffee for him. She put
poison but later noticed that H was not
affected. What she thought was poison was
actually white sugar. Matod pas iyang bana,
―Tam-is man kayo, dear!‖ Crime?
- Impossible crime to commit Parricide.- here
the means was ineffectual.
The next day, nanigurado nagyud! W
bought Racumin (para sa ilaga). She put it in
the coffee, but H was still not affected cause
she placed a very little amount.
- So here, there was inadequate means as
opposed to the last scene.
**Read: Pp vs Jacinto 7/13/09 – ALWAYS
READ MY CASES GIVEN COS THEY
MIGHT COME OUT!
Article 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the law, and
in cases of excessive penalties. - Whenever a court has
knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the
proper decision, and shall report to the Chief Executive,
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
through the Department of Justice, the reasons which induce
the court to believe that said act should be made the subject
of legislation.
In the same way, the court shall submit to the Chief
Executive, through the Department of Justice, such statement
as may be deemed proper, without suspending the execution
of the sentence, when a strict enforcement of the provisions
of this Code would result in the imposition of a clearly
excessive penalty, taking into consideration the degree of
malice and the injury caused by the offense.
What should the court do if the accused is charged with a
crime but after trial, the court finds that the act committed does
not constitute any offense or is not penalized by any law?
- ACQUIT! There is no crime if there is no law
penalizing such act.
Under Art 5, the court is required to submit a report to the
President thru the DOJ if the court believes that the act should
be penalized. Why make a report?
- So that the President to the DOJ can make
representation with the congress for the proper
legislation.
If it‘s the reverse? The act is penalized but the court finds that
the penalty is too harsh? What should the court do?
- The court does not have any option but to apply the
law. But if it believes that the penalty is harsh, the
court shall furnish a copy of his decision to the
President thru the DOJ for the president to exercise
his executive powers.
Example: During the advent of the death
penalty, there was this case involving the
accused who raped and killed a 7 year old
chid. The penalty then was death. In the
case, the judge was a Born-again Christian
and based on his religion, only God can take
away life. Since it was against his religion,
the judge did not impose death penalty, only
reclusion perpetua. Prosecution objected. SC
nullified the decision and let the judge
choose: Impose the penalty provided by law
or lose your job? So the judge imposed the
correct penalty which is DEATH. Dura lex
sed lex.
ARTICLE 6: Consummated, Frustrated, and Attempted
Felonies
Now, Article 6 tells us another classification of Crimes. Crimes
can be classified ―According to the stage of its execution.‖
Under Article 6, felonies are classified into three (3) according
to the stage of execution and these are: (a) Attempted Felony
(b) Frustrated Felony and (c) Consummated Felony.
Note: In Book One, the most important provisions are Articles
2-20. If you notice, more than half of your book (Reyes) discuss
about these articles. This will show how important these
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
articles are. So, ―kay importante man, aron mas advantageous
sa imong part, mas maayo nga imong ma-memorize!‖ 
Now, in the commission of a crime, there are two (2) stages.
These stages are: (1) Internal Acts; and (2) External Acts.
Internal Acts
These are mere ideas in the mind of a person. These are not yet
punishable. For example, mag huna2x kang mang-rape ka or
mag huna2x kang mangawat ka, or mag huna2x kang mupatay
ka. You will not be punished because of your evil thoughts.
Dili pareha sa atong relihiyon, kay sa atong relihiyon, mag
huna2x palang ka daan, sala nana.
External Acts
You are now doing acts according to your thoughts. For
example, nag huna2x kang mopatay, maong nang hulam kag
pusil, nang hulam kag motor.
External acts are further divided into two: (1) the Preparatory
Acts and (2) the Acts of Execution.
Preparatory Acts
Ordinarily they are not punishable. For example, gusto kang
mopatay, ngita kag pusil. Palit kag pusil sa Danao. Preparatory
acts. Palit kag kutsilyo sa Basak. Preparatory acts. Now, most
of the preparatory acts are not yet punishable. Kun mopalit
kag pusil, silutan naba ka ana? Dili pa. Except kun mag dala2x
ka ana during COMELEC gun ban. Pero as a rule, di pa na sya
punishable. Another example, gusto kang hiloan nimo imong
husband or imong wife. Palit kag hilo. Preparatory acts kana.
That is not yet punishable.
Acts of Execution
So, nana kay hilo or nana kay kutsilyo o pusil, then you will
now use the firearm or the knife to accomplish the crime that
you plan.
The acts of execution are further divided into three. So mao
nana syang Attempted, Frustrated and Consummated Stage.
Kanang acts of execution duna nana syay gitawag og ―overt
acts‖.
Overt Acts
The overt acts, in order to be punishable, must have connection
to the intended crime. That is what is meant by ―directly by
overt acts‖. Look at the definition of Attempted Felony under
Article 6.
ATTEMPTED FELONY
Now, under Article 6, there is an ―attempt‖ when the offender
commences the commission of a felony directly by over acts, and does
not perform all the acts of execution which should produce the felony
by reason of some cause or accident other than his own spontaneous
desistance.
Case: There was this case, the barangay tanods were
patrolling. Now they chance upon a person removing a
portion of a wall of a house which is also used as a store. Balay
sya unya naa puy tindahan. So the barangay tanods saw a
person in the act of removing a portion of a wall.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Question: What is the crime committed?
The accused was charged with Attempted Robbery. Is the
accused liable for that crime? Does the overt act of the accused
of removing a portion of the wall already have direct
connection to robbery?
Ruling: According to the SC, he is not liable for Robbery but
only of Attempted Trespass to Dwelling. The act of removing a
portion of the wall could only be connected to Attempted
Trespass to Dwelling, not of Robbery.
That is the importance of the phrase, ―directly by overt acts‖.
The overt acts committed must have connection to the
intended crime.
―.. And does not perform all the acts of execution which should
produce the felony by reason of some cause or accident other than his
own spontaneous desistance‖
Kanang Acts of Execution, pwede na sya mabahin into:
Subjective Phase and Objective Phase.
Subjective Phase
Meaning, the execution of the acts is still within the control of
the offender. So, the offender may choose to continue with the
crime or not. So like our first example, kadtong gi remove and
portion sa wall. Tingali ang tuyo ato niya mao gyud ang pag
pangawat sa mga tinda. Pero kun mao to iyang tuyo, he still
has the chance to desist. So, attempted stage.
Example. Gusto nimo patyon ang tawo, imong gi-tiunan og
pusil. Within pana sya sa imong control. Nalooy ka. Within
pana sya sa imong control. Mao na syay gitawag og Subjective
Phase. In the Attempted Stage, the offender was not able to
perform all the acts of execution and the reason why he was
not able to perform all the acts of execution is because of
causes other than his own spontaneous desistance.
So in our example earlier, the reason why the accused was not
able to enter the house is because of the roving barangay
tanods and he was arrested.
Another Example. The accused, with intent to kill the victim,
fired at the victim but the firearm did not fire because it
malfunctioned. So, why is it that he was not able to perform all
the acts of execution? Because the firearm malfunctioned. It is
not because of his desistance.
Another Example. He fired at the victim but he was not able to
hit the victim because of his poor marksmanship. What is the
reason why he was not able to perform all the acts of
execution? Because of his poor marksmanship, not because of
his own spontaneous desistance.
Another Example. Or when he pointed at the victim but he
was not able to hit the victim because the victim ran away in a
zigzag manner. What is the reason why he was not able to
perform all the acts of execution? Because the victim because
the victim ran away in a zigzag manner and not because of his
own spontaneous desistance.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Situation: What about if the accused fired at the victim but the
victim was not hit. The victim cried and pleaded to spare his
life, ―Sir, ayaw kog patya kay naa koy pamilya. Bata pa raba
kaayo akong asawa.‖ Nalooy ang accused. He desisted.
Question: Is the accused liable for Attempted Homicide?
Answer: In order for the accused not to be liable by virtue of
his desistance, it is necessary that the acts that he performed
should not constitute any offense.
Example: So pananglitan, on his way to the house of the
victim, he saw the victim sleeping. Giduol niya, uy, nalooy
man siya. So, niuli sa ilaha. Is he liable? NO, because kadtong
iyang pag duol dili paman to mo constitute og crime.
Pero, kun iya nato syang napusil unya nalooy siya, that can
already be considered as a crime despite his desistance. And
kun napusil gyud to niya, that can be considered as Attempted
Homicide or Attempted Murder.
Kun gi point lang, that is not an Attempted Stage but that is
Consummated Crime. Grave Threats. Pero kun iya nang na
pull ang trigger unya usa sya ni desist, he could be liable for
Attempted Homicide.
Dunay instances when an overt act could be considered an
Attempted Stage of a crime pero duna say instances when the
same act could be considered as another crime, a
Consummated Crime.
Example. The accused saw a beautiful woman, murag si Kim
Chui, nga natug. Iyang gi hikap2x ang mga private parts.
Private kay for ―private use only‖ man. Whats the crime
committed? That‘s Consummated Crime of Acts of
Lasciviousness.
What about if after touching the private parts, he undressed
the woman, likewise undressed himself, and placed himself on
top of the woman. That could no longer be Acts of
Lasciviousness, but that is already an Attempted Stage of
Rape. Because the overt acts of undressing the woman,
undressing himself, and placing himself on top of the woman,
these overt acts will constitute the Attempted Stage of the
crime of Rape. The intention to rape now is obvious.
So, that is just to show you that an overt act may be a
Consummated Crime and if you go further, pwede na syang
mahimong Attempted Stage of another crime.
Situation: What about if the accused was able to pull the
trigger, hit the victim in the head. The victim was rushed to the
hospital and if it were not for the timely medical assistance
AND expertise of the doctor the victim would have died.
Kanang duha mag uban jud na. Kay kun immediate medical
assistance pero banga ang doctor, patay!
What is the state of the commission of the crime? Frustrated.
Now, kaning frustrated, naa nani sa Objective Phase.
FRUSTRATED FELONY
The accused has no more control. He has already performed all
the acts of execution but the crime was not produced by reason
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of causes independent of his will. So, if not for the timely
medical assistance AND expertise of the doctor, the accused
would have died. Frustrated Stage.
CONSUMMATED FELONY
A crime is consummated when all the elements of the crime
are present.
Case: The wife is already tired of her husband. Palahubog,
sugarol, mamaye, mao tong naka huna2x siyang hiloan iyang
bana. Iyang gihurot ang isa ka sachet sa hilo sa ilaga sa kape sa
iyang bana kay gapatimpla man kay hubog. Sos! sa dihang nag
bula2x na ang baba sa bana, ang asawa doktora man, naka
huna2x, naka realize nga she could not live without her
husband. Mao tong iya dayon gipa inom og usa ka gallon nga
honey. Naulian ang bana. The husband filed a case of
Frustrated Parricide against his wife. Was the wife able to
perform all the acts of execution? Yes. Nagbutang syag hilo.
Nainom na sa bana.
Question: Is the wife liable for Frustrated Parricide?
Answer: NO. Why? Because the crime was not accomplished
because of her will. She could not be held liable for Frustrated
Parricide. Perhaps, Serious Physical Injuries kay ga suka2x
man ang bana, but that cannot be Frustrated Parricide. In
frustrated crime, the accused performs all the acts of execution
which would produce the felony but the crime was not
produced because of some causes independent of the will of
the perpetrator.
In the problem given, the crime was not produced because of
the acts performed by the accused.
Now, in order to determine what stage is the commission of
the crime, it is sometimes helpful to know the manner of the
commission of the crime, the elements of the crime, as well as
the nature of the crime.
Now there are crimes that have no attempted or frustrated
stage. There are crimes that are consummated at once. These
crimes are called formal crimes.
There are also crimes which have attempted, frustrated and
consummated. These are called material crimes.
There are even crimes that are attempted and consummated.
Some crimes do not have frustrated stage. Example: Theft. It
does not have any frustrated stage, only attempted and
consummated. Why? Because in the crime of theft, it is
consummated the moment the accused takes control over the
stolen item. Opportunity to dispose of the item is not
necessary.
CASE IN POINT: Ppvs Valenzuela, June 21, 2007
Unlawful taking is deemed complete from the moment the
accused takes possession of the thing even if he has no
opportunity to dispose of the same.
You have to know the manner in committing the crime.
Example of crimes committed at once:
 Acts of Lasciviousness
 Libel
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Oral defamation
 Physical injuries
You have also to know the nature of the crime. Example, the
case of arson. The accused is holding with him a rug soaked
with gasoline and match because he is going to burn the
building. Before he lights the match, he was arrested. What is
the stage? Attempted stage
But suppose the accused was able to light the match and the
rug, that would be frustrated although no part of the building
is burned. But if part of the building is burned, that would be
consummated. It is not necessary that the entire building is
consumed. It is enough that just a part of it is burned.
Take note that if all elements are present, the crime is
consummated.
In the crime of attempted, frustrated murder, it is necessary
that the prosecution should prove intent to kill. How do you
distinguish attempted from frustrated?
- Take note that in order for the accused to be held
liable for attempted or frustrated murder, aside from
intent to kill, the victim must have also sustained
mortal wounds or the vital organs must have been hit
and had it not been for the timely medical assistance
and expertise of the doctor, the victim would have
died.
- For example the victim was hit in the head by a bullet
which almost hit the brain or the brain was hit. That
would be frustrated because he sustained a mortal
wound. The wounds must be fatal.
- Suppose the bullet just grazed. He was hit but the
bullet just grazed the head. That would only be
attempted homicide or attempted murder because he
did not suffer mortal wound.
- For example, he was stabbed in the stomach and his
intestines were hit and had it not been of timely
medical assistance and expertise of the doctor he
would have died. That would have been frustrated
homicide or frustrated murder.
- Why is it so? Why frustrated homicide or murder?
 If the attending circumstances that would
constitute the crime of murder are present
then that would be frustrated murder. If not,
then it would be frustrated homicide.
 How can the prosecution prove intent to
kill?
 The weapon used. If the weapon is
a firearm, there is intent to kill.
 The location of the wounds. If you
were shot in the head and the bullet
didn‘t hit your head, there is intent
to kill.
 The words uttered. For example,
when the accused pulled the trigger
he said ―I will kill you‖, there is
intent to kill.
 The number of wounds.
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 What about if prosecution was not able to
prove intent to kill? And the wounds are
serious?
 The crime committed would be
serious physical injuries only. So
intent to kill would distinguish
between physical injuries and
attempted homicide or murder.
What do you mean by light felonies and less grave felonies?
- Crimes could be classified into grave, less grave or
light felonies.
- When can you say that the felony is grave?
 That would depend on the penalty
imposable.
 Art. 25. Penalties
 Grave felony – penalty imposable
is capital punishment or afflictive
penalties.
o Afflictive penalties – from
prision mayor, reclusion
temporal, reclusion
perpetua and death.
 Less grave felony – penalty
imposable aresto mayor and prision
correccional
 Light felony – aresto menor or fine
not more than 200. Under Art. 7
says the light felonies are only
punishable when they are
consummated except those felonies
committed against persons or
property.
What do you mean by conspiracy and proposal?
- Proposal – when a person decided to commit a crime
and proposes its execution to another.
 When you say proposal, it is not necessary
that the person of whom the commission of
the crime was proposed to will agree to
commit the crime.
 It occurs the moment the person who
decided to commit the crime proposes. The
mere act of proposing would constitute
proposal.
 If that person agrees to commit the crime,
then there‘s no proposal but conspiracy.
- Conspiracy – when 2 or more persons come to an
agreement and decide to commit a crime or a felony.
- Conspiracy and proposal have 2 concepts.
 First, these are just preparatory acts.
Meaning, they are not punishable.
 Second, these are crimes by themselves.
- Conspiracy and proposal can only be considered
crimes if there is specific provision of law penalizing
mere proposal or conspiracy. If none, they are just
considered preparatory acts and they are not
punishable.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Example: Conspiracy/ Proposal to commit
treason rebellion, sedition. They are
punishable by the RPC, Art 115.
 Example: X and Y agreed and decided to kill
A. Are they liable at that point in time?
 No. mere proposal or conspiracy to
commit a crime of murder is not
punishable. There is no specific
provision of law to commit murder.
 There‘s also no law punishing mere
proposal/conspiracy to commit the
crime of robbery.
- What is the liability of conspirators?
 Conspirators are equally liable regardless of
the acts committed. They are equally liable
as principals.
 Suppose X and Y agreed and decided to rob
OFW. They agreed that they will only rob.
When they entered the room, OFW retaliated
and hit X in the head. X then stabbed OFW.
What is the crime committed by X and Y?
Take note that killing OFW was not agreed
by them. Their agreement was only to rob
 Both are liable for robbery with
homicide because conspirators are
liable for the crime that they have
agreed upon and for all the crimes
that are considered the logical,
natural consequence of the crime
that they have agreed upon.
 Can murder/homicide considered
as connected to the crime of
robbery? Yes.
 What about if X and Y agreed to rob. Their
agreement was only to rob the victim. But
when they entered the room of OFW, Y was
tempted to rape her. They were charged
with robbery with rape. Are all of them
liable?
 Take note that rape is not connected
to the crime of robbery agreed upon
by them. It would only be Y who
could be liable for the crime of
robbery with rape.
- Take note that once the offenders would constitute a
quadrille, this is an exception to the rule,
somewhere in Para 2, Art. 296, RPC.
 If the offenders would constitute a quadrille,
4 or more, or would constitute a band, they
are all liable for the acts committed by a
member of the band even if those acts are
not agreed upon and if the other members
did not prevent the commission of the act
not agreed upon,
 Example: W, X, Y, Z agreed to rob but rape is
not part of their agreement and during the
actual robbery, Z committed rape but W, X,
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Y were not able to prevent Z from
committing such act. Then they are all liable
for the crime of robbery with rape.
 CASE IN POINT: PP vs NAVASCA, March
15, 1997
- What is the amount of evidence in order for the
parties to be liable as conspirators? What is the
amount of evidence required to prove conspiracy?
 There should be proof beyond reasonable
doubt in order for all of the accused to be
liable as conspirators. Conspiracy must be
proved just like the crime itself.
 How can it be proven that there is
conspiracy?
 By their collective acts. Conspiracy
is seldom proved by direct
evidence, by presenting direct
witness. It is usually proven by
circumstantial evidence.
 Direct evidence is usually had
when one conspirator presents
himself as state witness.
- Take note that mere presence does not constitute
conspiracy. The conspirator must have performed act
or acts for the accomplishment of the act agreed upon.
But if you served as a lookout, then you are liable as
conspirator. If you were present in the commission of
the crime to give moral support, you are also a
conspirator. This is called implied conspiracy.
 Implied conspiracy – conspiracy that can
only be proven by circumstantial evidence. It
is one which is only inferred from the
manner the participants in the commission
of the crime carried out its execution.
June 3, 2016
Criminal Law Part 3
Article 9 Classification of Felonies
1. Grave Felonies – penalty imposable is Capital
(Death) or Afflictive (Reclusion Perpetua, Reclusion
Temporal, Prision Mayor)
2. Less Grave Felonies – penalty imposable is
Correctional (Arresto Mayor, Prision Correctional or
Destierro)
3. Light Felonies – penalty imposable is Arresto Menor
or fine not more than 200)
What are Special Penal Laws?
- Those crimes not penalized under the RPC
Are the provisions of the RPC applicable to Special Penal laws?
 G.R. – The provisions of the RPC are not
applicable to special penal Laws, they are merely
supplemental (Article 10)
o As a rule, in special penal laws, there
are no stages of a crime. There is no
attempted or frustrated stage. It is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
always consummated. A mere attempt
to violate the special law is not
punishable. Unless the special penal law
provides that an attempted stage of a
crime is punishable.
o Violation of R.A. 9165 (Drugs), there is a
provision where an attempted stage for
the sale of drugs is punishable.
 Exc. –The special law specifically provides that
the RPC provision will apply.
o There are some special laws that
use/borrow the terms under the
Revised Penal Code such as the
penalties imposable.
o Those special laws that borrow the
terms of penalties under the Revised
Penal Code may also apply its
provisions.
o Example: When using the penalties of
the Revised Penal Code, mitigating and
aggravating circumstances will also be
applied. As a rule mitigating
circumstances under the RPC do not
apply to Special Penal Laws, unless the
Law uses the terms of penalties under
the same Code.
o The pleading of guilty under special
laws does not mitigate the crime
committed, unless the special law
applies the penalties of the RPC. When
the special law uses the nomenclature of
the Revised Penal Code, the provisions
of the latter may apply to the special
law. (People vs. Simon, July 29, 1994)
(Go-Tan vs. Sps. Tan, September 30,
2008)
The Different Circumstances Affecting Criminal Liability:
Modifying Circumstances:
1. Justifying
2. Exempting
3. Mitigating
4. Aggravating
5. Alternative/ Alternating
Book I – most important article is article 11 (memorize if
possible)
Article 11 Justifying Circumstances
- Circumstances where the act of a person is in
accordance with law. The act is justified.
- Does not commit a crime and there is no civil
liability.
- When committing a crime, usually you are
charged with two cases. If it involves a public
officer then it will be three charges, one for
criminal, one for civil and another for
administrative.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- Ex. A police officer shot a person. There is a
crime of murder. Then you have to pay for the
life of the person (50k) including the grave lot
and the earnings lost. The person is a public
officer then an administrative case will also be
filed for grave misconduct (dismissal). If the act
committed is justified and would fall under any
of the justifying circumstances, there are no
liabilities.
1. Anyone who acts in defence of his person or his
rights, provided that the following circumstances
concur:
a. Unlawful Aggression; (most important)
b. Reasonable necessity of the means
employed to prevent or repel it;
c. Lack of sufficient provocation on the part
of the person defending himself.
Unlawful Aggression is the most important circumstance but
all must be present for a valid justifying circumstance. Without
it, there is no basis to perform self-defense.
Aggression – an attack or at least a threat which is imminent
and immediate.
- Actual
o Already stabbed by a knife
- Imminent
o Still going to be stabbed by a knife
o Being pointed with a gun
o At the point of happening
o Expected to happen
Types of Aggression:
1. Lawful
2. Unlawful
There was this newlywed couple. The husband was
working in a call center. He usually reports at night. He had to
return to work. One evening, while the wife was left alone
sleeping in the rented house at midnight, there was someone
touching her. She recalls that sometimes her husband would
just come home in the middle of his nightshift. She thought it
was her husband touching her. She did not resist the acts,
thinking it was her husband. The man proceeded to have
sexual intercourse with her. After the sexual intercourse, the
man whispered to her ―Thank You Very Much, I hope you
enjoyed as much as I did.‖ At that very moment, she realized it
was not her husband. With all her might, she took the knife she
hid under her pillow and stabbed the man. It was found out
that it was their neighbor. She was charged with homicide. Is
she liable? She raised self-defense.
- Yes, she is liable. There was no longer any
aggression when she stabbed her neighbour. The
unlawful aggression already ceased. It was not
self-defence but retaliation. There must be
unlawful aggression at the very moment of the
performance of the act.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Support your answer with legal basis. No legal
basis –zero
The husband, the call center agent, went home early
because he was not feeling well. When he went home, he heard
a disturbance in their room. He tried to listen to the noise.
When he looked inside the room, he realized it was his friend
and his wife in the act of sexual intercourse. He then went into
the kitchen and took a knife. When he was about to stop the
man (who was a police man), grabbed his firearm and fired the
gun. The husband died. The policeman was charged with
homicide. Was he liable?
- Yes, he is liable. The policeman was liable
because there was no unlawful aggression. There
was an aggression but the aggression was lawful.
The first element of self-defence was absent. It is
within the right of a spouse to kill his/her spouse
or the paramour/ concubine in the act of sexual
intercourse.
Mr. Y attempted to stab Mr. X but Mr. X, who is a fan
of FPJ, was able to parry the attack and rest away the weapon
of Mr. Y. Mr. X then used the knife and stabbed Mr. Y. Is he
liable?
- Yes, at the time that he stabbed Mr. Y, there was
no longer any unlawful aggression. At the time
the accused committed/performed the act to
defend himself, there was no longer an unlawful
aggression. Even though there was an unlawful
aggression at the start it had already ceased.
- The attacker was already disarmed therefore
there was no longer unlawful aggression. Unless
the attacker, after being disarmed, searched for
another weapon, then unlawful aggression
would still be present. It is justifiable to stab him
with the knife.
- What about if the attacker, the aggressor, after
firing at you ran away after stabbing you but you
were able to evade the attack but you ran after
him and stabbed him, are you liable?
Yes, liable because there is no more unlawful
aggression.
Art. 11. Justifying circumstances. — The following do not
incur any criminal liability:
5. Any person who acts in the fulfillment of a duty
or in the lawful exercise of a right or office.
- Remember that if the person being attacked; he is a
law enforcer, TN that being a law enforcer you have
the duty to arrest the criminal.
- If you are only a civilian, if you are being attacked –
only until prevent and repel
- If you are a law enforcer, you have the duty to arrest
him.
- EX: After attacking you, you were hit or slightly hit
then after the attacker ran away. You fired a warning
shot and told him to stop because you are going to
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arrest him, he did not stop despite the warning shot.
You fired at him. He was hit in the back and died. Is
the policeman liable?
No. There is no more unlawful aggression.
But why is it justifiable? There is another justifying
circumstance, not anymore self-defense. Your defense
would be: Lawful performance of duty. Where can it
be found? That is par 5.
- Under this justifying circumstance, unlawful
aggression is not an element. There are only 2
requisites:
1. the accused is performing his duty; and
2. in the course of the performance of such duty
he inflicted an injury to another person
- If these 2 requisites are present, he is not liable
Art. 11. Justifying circumstances. — The following do not
incur any criminal liability:
1. Anyone who acts in defense of his
person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the part
of the person defending himself.
- why is it that the law allows self defense? You have
killed a person but you are not punished.
o Classical theory or positivist theory: self-
defense is considered a justifying
circumstance because it is just impossible for
the government to protect every citizen 24 hours,
7 days a weeks. Even if the 6 months is already
over, there would still be bad guys.
o Self-preservation is a right of every person
First. Unlawful aggression.
- There must be unlawful aggression
- Unlawful aggression: there must be either actual or
imminent attack
- Imminent: expected or on the point of happening
o EX: a gun is still pointed at you
- Actual: attack is already present
o EX:you are already stabbed, or got shot at
- It is not right that you have already been shot before
you take your revenge. It is not a need. If you are
about to be hit, you can already kill the person. If you
have no gun, you can already run.
- Case for actual aggression: US vs Laurel
o Laurel – our President during the Japanese
period
o He was able to stab someone
o FACTS:
His friend had a girlfriend which he also
wanted to court but the girl just kept on
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
agreeing but she never goes. So when he saw
the girl he stole a kiss from her and ran
away. The girl then told Laurel‘s friend
about the incident. The boyfriend got really
mad.
There was this gathering once so the
boyfriend told one of his friends to call
Laurel to let him go to the gathering. So
Laurel went and the boyfriend confronted
him then he was hit by a stick or garote.
Laurel was able to bring a knife or batangas
during that time. When was told to kneel
down and was then hit by the stick. When
the attacker was about to strike him again,
he stabbed the attacker or the boyfriend.
The act of teasing or kissing the girl
happened the other day.
The victim almost died so he was only
charged of frustrated homicide.
Liable?
RULING:
The lower court convicted Laurel.
When the case reached the SC Laurel was
acquitted. According to the SC, all the
elements of self-defense were present. There
was an actual aggression. There was an
actual attack when Laurel stabbed the victim.
o Why was he acquitted when there was
provocation on his part? He made fun of the
girlfriend.
 The sufficient provocation must
immediately precede the attack.
You do not have to wait for
tomorrow.
o Later on when Laurel became a lawyer then
a justice of the SC. One of the cases he
decided was the case of former President
Marcos.
 Marcos was charged with murder
for allegedly killing the political
opponent of his father
Congressman Nalundasan.
While Nalundasan was having his
victory party at Ilocos, he was shot.
Marcos was a sharp shooter. So he
was accused as the killer.
He was convicted by the lower
court but when the case was
appealed to the SC it was Laurel
who wrote the decision and Marcos
was acquitted.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 Marcos was very intelligent and
Laurel saw himself in Marcos. He
thought that if he was convicted
before then his life would have
been different.
- Case for imminent aggression: PP vsCabungcal
o FACTS:
The accused and the member of his family
together with other persons, one of whom
was the victim, they were riding a boat or
paddleboat or outrigger. When they were
already on board the boat, on their way
home, when they were already at the middle
of the river the victim kept on rocking the
boat as if he was playing around with the
around passengers on board. The water
started to get in into the boat. The accused
was scared because most of the passengers
or his family members were women. He
admonished the victim to stop but the victim
did not stop. So he hit the victim at the
forehead using his paddle. The victim then
fell to the water but the victim tried to
capsize the boat. The accused hit the neck of
the victim and so he died.
Liable?
RULING:
There was imminent danger. There was an
unlawful aggression that is imminent.
Meaning, there is imminent danger to life or
there is danger on the point of happening.
o It is not needed that you are already being
attacked and that‘s the only time that you
perform an act wherein you defend yourself
- EX: you are being insulted, is it sufficient that you
raise self-defense once you killed the person?
o Insulting words, light pushare not
considered unlawful aggression
- NOT unlawful aggression:
o Insulting words
o light push
o drawing a gun
o cocking a gun
- Considered unlawful aggression:
o Pointing a gun, or aiming a gun (Almedavs
CA 80 SCRA 575)
o Brandishing a gun
o Slapping the face of a person (Rugasvs PP,
January 14, 2004)
 Face = represents the person and
his dignity
- The unlawful aggression made by the victim and the
killing of the victim made by the accused should
succeed each other without appreciable interval of
time.
o If you are stabbed now, it is not allowed that
you would take your revenge tomorrow.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
o It must be necessary that the defensive act
be simultaneous with the unlawful
aggression or must immediately follow the
unlawful aggression.
- To determine self-defense, the number, location, and
seriousness of the wounds would indicate self-
defense.
o EX: stabbing him 30 times, chopping his
head off, chopping his body parts? No
o Not necessary to chop off parts
Second. Reasonable necessity of the means
employed to prevent or repel it.
- TN: reasonable necessity
- Reasonable necessity: there is necessity of the cause of
actiontaken and there is necessity of the means used
- When one used a gun, was it really necessary? When
you hit him with a gun, was it really necessary so as
to prevent the attack?
- When you were boxed, is there an unlawful
aggression? Yes, there is an unlawful aggression.
- If you were boxed but used a gun, is the means used
to defend yourself necessary? That is not.
- But if the person who boxed you is Shaquille O‘Neil
then you used a knife to defend yourself, is it
reasonably necessary? Yes.
- If it is Pacquiao who boxed you, you used a knife?
Still necessary.
- It depends on the reasonable necessity of the means
used: the means used depends on the weapon used
by the aggressor and counter-aggressor. It would
really depend.
- 2nd element: reasonable necessity of the means used to
prevent or repel the attack
- Prevent when the attack is imminent
- Repel when the attack is already going on or actual
- If you are boxed, as a rule you also box him. If he
used a fist then you should also use a fist against him.
If he winked at you, then wink at him also.
Third. Lack of sufficient provocation on the part
of the person defending himself.
- Where should the provocation come from? On the
part of the person defending himself
- It should be that he did not do it first
- If he committed an act that which triggered the
aggression then he cannot anymore claim complete
self-defense because there was sufficient provocation
on his part
- EX: the accused was teased that he was a cleft lip even
if he knew that he was already a cleft lip, so he
stabbed the victim.
o Is it not a provocation? It is.
o Is it considered a sufficient provocation?
That could be considered a sufficient
provocation.
- EX: in front of a lot of people a person was called him
a thief. If it was you, what would you do? It is really
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
possible that you would stab the person who said
that.
- What about if there was provocation but it was not
sufficient?
o EX: you only stepped on his foot but he
already stabbed you. Was there provocation?
That could be since you didn‘t check you
surroundings when passing by since you hit
him. But it is not sufficient provocation.
 Can he claim self-defense? He can
because there was unlawful
aggression, the means is necessary
then there was sufficient
provocation but there was lack of
sufficient provocation on the part of
the accused. Although there was
provocation but the same is not
sufficient.
o EX: you stabbed a person but he had a gun
so he shot you.
- If it is sufficient but not, it would depend on the
circumstances
- EX: if you were only walking but you were suddenly
stabbed then you took revenge by hitting his head
until he died
o There was no provocation on your part
o Was there unlawful aggression? Yes you
were stabbed
o Was the means used by you reasonable? Yes
reasonable
- lack of sufficient provocation: it could be that there is
no provocation at all
o EX: you were just walking but he was jealous
of your hairdo because it‘s a mohawk so he
stabbed you. So you took revenge.
 There was no provocation or there
was no sufficient provocation
- Lack of sufficient provocation:
1. there was no provocation at all
2. there was provocation but it was not sufficient
3. there was sufficient provocation but it was not the
accused who made the provocation
4.
Justifying Circumstance: Self- defence
Par. 1 Anyone who acts in defence of his person or rights,
provided that the following circumstances concur:
1. Unlawful aggression
2. Reasonable necessity of the means employed to
prevent or repel it
3. Lack of sufficient provocation on the part of the
person defending himself.
WHEN THE FIGHT WAS AGREED UPON, THE
AGGRESSION AS BETWEEN THE PARTIES IS
CONSIDERED LAWFUL.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Case: There is no unlawful aggression in a concerted
fight. Here the accused and the deceased after an
argument agreed to fight, went to a store and
purchased two knives. Even if the accused expressed
his desire not to push through the fight but the
deceased paid no heed and attacked the accused- but
the latter succeeded in killing the deceased. When the
fight was agreed upon, the aggression as between the
parties is considered lawful. The aggression is
considered reciprocal and legitimate. There being no
unlawful aggression then there is NO SELF-
DEFENSE.
- US vs. Navarro 7 Phil 713
- What about if there was an agreement to fight but the
other deceived and ambushed the accused, the latter
however was able to kill the deceased. Is there self-
defence? YES. Now there can be self- defence because
the attack this time is unexpected.
DEFENSE OF PROPERTY CAN BE INVOKED AS A
JUSTIFYING CIRCUMSTANCE ONLY WHEN IT IS
COUPLED WITH AN ATTACK ON THE PERSON OF ONE
ENTRUSTED WITH SAID PROPERTY, SO THAT THERE
IS COMPLETE SELF- DEFENSE.
- Example: Your chicken was stolen. The thief (the
deceased) ran and so you ran after him and shot him.
Here, the act is not completely justifiable. There could
be unlawful aggression but the means used was not
justifiable, especially if the victim was not armed or
does not have any weapon.
- People vs Narvais. April 20, 1983
- Is it necessary to kill the aggressor/ attacker? NO. But
the person defending himself is not expected to
control his blow.
IN REPELLING OR PREVENTING AN UNLAWFUL
AGRESSION, THE PERSON DEFENDING HIMSELF
MUST NOT INDISCRIMINATELY FIRE HIS DEADLY
WEAPON.
- Example: You are attacked and you have a gun. You
cannot just recklessly fire it, at the risk of the innocent
bystanders around. Because in the event that you hit
an innocent person, even if you were attacked, you
can still be held liable for culpable felony. Although
self- defense is a lawful act, you have to exercise such
right with due care. Again, WITH. DUE. CARE.
What are the circumstances that will determine whether the
means used is reasonable?
1. The nature and the quality of the weapon used by the
aggressor
2. His physical condition, character, size of the attacker,
and other circumstances and
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- But note that perfect equality between the
weapon used by the one defending himself and
that of the aggressor is not required.
- Example: Stick vs. Knife= Reasonable
Gun vs. Bolo= Reasonable
Gun vs Knife= Reasonable
Fist vs Knife= As a rule is not
reasonable. If the attacker just used
his fist, you must just have used your
fist as well. But then again you have to
take into consideration the physical
condition, character and the size of the
attacker. Because if the attacker is too
strong, he is a wrestler, a champion in
the UFC. He can be deadly so you can
just shoot him.
- But take note: That WHEN THE PERSON
BEING ATTACKED IS A LAW ENFORCER,
unlike a civilian which is required only to
prevent or repel the attack, the law enforcer has
the duty to arrest and overcome his opponent. A
police officer is not required to afford a person
attacking him, the opportunity of a fair and equal
fight. US. vs Mojica, 42 Phil. 784
When there is complete self- defense, the accused is not
criminally and civilly liable because the act is justifiable.
- But take note that justifying circumstances just like
the exempting circumstances are your defenses. It is
not for the police to determine whether you are guilty
or not, but for the court. It is not the police who
determines whether the requisites for a valid defense
are present. A case can still be filed against you even
if you claim self- defense.
- In Criminal Procedure, what is required in filing a
case is mere probable cause. The fact that you killed a
person makes you probably guilty, although not
certainly guilty. Now it‘s up to you to argue that the
act that you committed is justifiable.
- Because when you raise self- defense, you are in effect
admitting that you killed the victim. It is now
incumbent upon the accused to present evidence to
prove that all these elements are present. And the
amount of evidence required is CLEAR AND
CONVINCING.
- Amount of evidence required:
 To convict the accused: Proof beyond reasonable
doubt.
 To acquit the accused (if self- defense is raised):
Clear and convincing evidence.
EXCEPTION TO SELF- DEFENSE: BATTERED WOMAN
SYNDROME. - Here the accused can still be justified even in the
absence of the requisites for a valid and complete self- defense.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Under Section 26 of RA NO. 9262 or the Anti- VAWC
Act of 2004, victim- surviviors who are found by the
courts to be suffering from battered woman
syndrome do not incur criminal and civil liability
notwithstanding the absence of any of the elements
for justifying circumstances of self- defense under the
RPC.
- But the accused has to prove that she is suffering from
Battered Woman Syndrome (BWS).
- BWS- meaning you are a victim of physical or
psychological abuse. A woman who is repeatedly
subjected to any forceful physical or psychological
behaviour by a man. It must be ―REPEATED
physical or psychological abuse‖. If you were
(kulata) just once and you killed the victim right
away, you can still be held liable because the law
requires repeated abuse.
- Even in the absence of unlawful aggression, or the
means employed was unreasonable. Such as when
you were hit by the fist and you used an axe in return
or a gun, you cannot be held liable.
- In People vs Genosa, GR NO. 135981 January 15, 2004,
Genosa was convicted of parricide because at that
time there was yet no law justifying killing on the
ground of Battered Woman Syndrome. But this case
was the basis of Congress in enacting RA 9262.
Justifying Circumstance; Defense of Relatives
Par. 2. Anyone who acts in defense of the person or rights of
his spouse, ascendants, descendants or legitimate, natural or
adopted brothers or sisters or of his relatives by affinity in the
same degrees and those by consanguinity within the fourth
civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and
the further requisite, in case the provocation was given by the
person attacked, that the one making defense had no part
therein.
- ―Relatives by affinity in the same degrees‖ meaning
by marriage, this includes:
1. Brother in law
2. Sister in law
3. Mother in law
4. Father in law
- ―Relatives by consanguinity within the fourth civil
degree‖- first cousin is included.
- Your sweetheart is therefore a stranger
REQUISITES FOR DEFENSE OF RELATIVES TO BE
JUSTIFYING:
1. Unlawful aggression
2. Reasonable necessity of the means employed to
prevent or repel it and
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3. In case the provocation was given by the person
attacked, the one making the defense had no part
therein.
- There is still a legitimate defense of relative even if
the relative being defended has given provocation,
provided that the one defending such relative has no
part in the provocation.
- When can you be considered part of the provocation? If for
example you induced your relative to hit the deceased
and assured him you have his back come what may.
Aw
- What if your wife is already dead, and your brother in law
is being attacked, can there still be a valid defense of a
relative? In the case of Carungcong vs People, GR No.
181409 February 11, 2010, the court said that you can
still raise defense of a relative.
Justifying Circumstance; Defense of Stranger
Par. 3. Anyone who acts in defense of the person or rights of a
stranger, provided that the first and second requisites
mentioned in the first circumstance of this article are present
and that the person defending be not induced by revenge,
resentment or other evil motive.
- Any person not included in the enumeration of
relatives is considered stranger for this purpose.
THIRD ELEMENT: THE PERSON DEFENDING BE NOT
INDUCED BY REVENGE, RESENTMENT OR OTHER EVIL
MOTIVE.
- He must be prompted only by heroic motive.
- Example: You heard your neighbour screamed for
help. She was being chased with a knife by her
husband, you ran down and helped her. You stabbed
the husband causing the latter‘s death. Are you
liable? NO. Because there was unlawful aggression on
the part of the deceased. The means used was
reasonable. You were not induced by evil motive, but
only by heroic motive to save the life of your
neighbour.
- But for example the wife who cried for help was your
paramour. You saw it as an opportunity to kill the
victim so that you and his wife can now live happily
ever after. Will you be held liable? YES. Because here
defense of stranger is no longer complete. Clearly
there was an evil motive that induced you to defend
the stranger, or the wife for that matter.
4. Avoidance of a greater evil/injury
This presupposes that there are 2 evils, meaning there are 2
dangers.
Example:
So for example you are driving your car on a narrow road, on
your left there is a creek, so if you‘ll swerve to your left you
will die because there is a creek, if you‘re swerve to your right
there‘s a pedestrian. Now for example there‘s a dump truck
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
coming your direction at a high speed, you were to choose
whether to swerve your car to the left and fall to the creek or to
your right and eventually hit the pedestrian. What will you
choose? You will choose between the 2 evils or injury.
ELEMENTS:
1. That the evil sought to be avoided actually exists;
2. That there is no other practical and less harmful means of
preventing it;
3. That the injury feared be greater than that done to avoid it.
Another example:
You are the captain of a motorized boat, you encounter violent
sea waves, in order to lighten the boat, you have to throw
cargoes into the sea otherwise the boat will capsize and all of
you will die. Suppose you throw cargoes into the sea, are you
criminally liable for malicious mischief? The answer is NO.
You can raise paragraph 4, avoidance of greater injury.
Note: Remember Under justifying circumstance, no criminal
and civil liability. However, as an exception under paragraph 4
in connection to the example above, although you are not
criminally liable for malicious mischief, but you are civilly
liable for the cargoes, you have to pay the value of the cargoes
thrown.
Here, actual case, a woman is about to get married, all was set,
he eloped with another man, charged with slander by deed
since she did not attended her wedding and as a result,
humiliated the groom to be, by her act of not showing up in
her wedding, is she liable? According to the case of People vs.
Hernandez, the CA in that case applied paragraph 4, stating
that the act was justified as she was made to choose between a
man whom she did not love and to a man whom she really
loved. Well I don‘t know what happened after that case.
Note: This is the only paragraph where civil liability could be
assessed to the accused
5. Any person who acts in the fulfilment of a duty or in the
lawful exercise of a right or office.
ELEMENTS:
1. Under the performance of duty or in the lawful exercise of a
right/office; and
2. Inflicts harm to another
- Unlawful aggression is not an element.
That presupposes that the person here acted without any
negligence or imprudence.
―Under the performance of duty….‖
Example:
In one case, the policeman was ordered to arrest a person who
is a fugitive from justice, meaning there is a pending case, now
when he ordered the person to surrender, the accused attacked
him with a spear, now when the policeman dodged the attack,
he ran away, the policeman fired the warning shot, but the
accused continued to run, hence the policeman fired at the
fugitive to stop him. Now, is he liable? According to the SC,
the killing was done in the performance of duty. He was
performing his duty and the injury inflicted was done while
the course of performance or as a consequence of his duty,
what is his duty? To arrest the criminal. You might say there is
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no more unlawful aggression since the victim ran away, but
take note, under this justifying circumstance, UNLAWFUL
AGGRESSION is not an ELEMENT. That‘s why this
presupposes that the accused should have performed his duty
with DUE CARE.
There might be a case where you‘re an officer, you are after a
robber in the busy streets of colon, and you fired your gun and
hit a pedestrian or stranger, you could be liable, why? Because
you are negligent, you know for a fact that the area is crowded.
Another case, policemen apprehended a person who‘s about to
rob a house, then upon investigation, the robber was asked
where are the items that he robbed from the said house, robber
said that its in the house, now he was escorted to the
policemen in the patrol car, now while on the way to the house
of the suspected robber, the latter allegedly grabbed the service
firearm of one of the policemen and attempted to jump off the
police car, now one of the policeman who saw what happened,
fired at the suspsect who is about to jumped off the service car
and killed him, there is no warning shot here, now they were
charged with murder, are they liable? Look at this case,
Cabanlig vs. Sandiganbayan, July 28 2005.
Also look People vsDelima 46 PHIL 738
So if a law enforcer is being attacked, and then inflicted upon
the person attacking him, 2 justifying circumstances can be
raised, self-defense and performance of duty. As a law
enforcer, he is also duty bound to arrest the person attacking
him.
―….lawful exercise of a right or office‖
So, what can be an example under this phrase, now for
example your legs are about to get amputated due to diabetes,
can the doctor be liable for mutilation? Answer is no.
How about during the time of death penalty, a convict was
killed thru lethal injection, now is the one employing such
liable for murder? Of course no.
6. Obedience to an order issued by a superior for some
lawful purpose
ELEMENTS:
1. Order is issued by a superior;
2. for some lawful purpose;
3. Means used by the subordinate to carry out the order is
lawful.
For example you‘re a policeman, and you are ordered by your
superior to torture the rebel or a member of Abu Sayaf, and the
victim died, liable? Yes, since the order is not lawful. Is
torturing a prisoner lawful? No.
Article 12. Exempting Circumstances
There is a crime committed but there is no criminal.
Going back to justifying circumstance, do you remember the
requisites under dolo and culpa? Freedom, intelligence, and
intent. Absent any of one of these are not liable. Now under
this article, what is absent? INTENT. There is no criminal
intent. Because if you perform an act defending yourself, you
are not committing a crime, you are exercising your right to
defend yourself, which is the right to self-preservation. Why is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
self-defense allowed? Because it is impossible for the state to
defend its citizens 24/7.
1. Imbecile/Insane person, unless the latter acted during lucid
interval
Imbecile – a person who is at age but his mental age is that of a
7yr old or younger
An imbecile is always exempt; an insane person may be
criminally liable if he/she acted during lucid intervals; it must
be necessary that at the time of the commission of the crime,
there must be complete absence of intelligence. Because if there
is only a mere abnormality of his mental faculties, then he is
not exempt, he is only entitled to mitigating circumstance.
Who is required to present evidence that indeed the accused
that at the time of the incident, there was complete deprivation
of intelligence? It is the accused/defense. How? Through his
lawyer, subjecting the accused to a psychiatric examination,
and the psychiatrist must be presented in court to testify that at
the time of the commission of the crime there was complete
deprivation of intelligence.
What if the accused says, ―boangko‖ will the case be
automatically be dismissed? No, let the court decide, let the
court rule whether there is complete absence of intelligence.
Note: amount of evidence to establish this exempting
circumstance is CLEAR and CONVINCING evidence, the
same with justifying circumstance.
Art. 12. Circumstances which exempt from criminal liability.
— the following are exempt from criminal liability:
1. An imbecile or an insane person, unless the latter has acted
during a lucid interval.
When the imbecile or an insane person has committed an act
which the law defines as a felony (delito), the court shall
order his confinement in one of the hospitals or asylums
established for persons thus afflicted, which he shall not be
permitted to leave without first obtaining the permission of
the same court.
Imbecility is always exempting; Insanity is not.
- A person claiming to be insane cannot be exempted if it is
found that he acted during lucid interval because an insane
person has intelligence during his lucid interval.
Remember that one of the three elements of crimes against
dolo/culpa is intelligence. In this article, if a person commits a
crime, and he is COMPLETELY DEPRIVED OF
INTELLIGENCE – then he is exempt. There is a crime, but
there is no criminal.
 TN: The presumption is that a man is SANE. So, he
who raises the defense of insanity has the burden of
presenting evidence that indeed at the time or before
he committed a crime, he was completely deprived of
any intelligence. That he cannot distinguish right
from wrong.
Amount of Evidence required: CLEAR & CONVINCING
EVIDENCE
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 TN: When an accused raises the defense of insanity,
he is in a way admitting the crime. It is now
incumbent upon the accused to present evidence that
his act is exempting due to insanity. There must be
COMPLETE ABSENCE OF INTELLIGENCE.
 It must be COMPLETE ABSENCE. If it is not
COMPLETE, it will not be exempting but only
mitigating. Thus, one is still liable.
How may the defense prove that the accused is insane?
- thruthe doctor/psychologist, that the insanity occurred even
before or during the accused committed the crime. (cause it‘s
possible that the accused became insane already after he
committed the crime)
- anordinary person who has sufficient familiarity with the
accused claiming to be insane (e.g. mother, immediate family)
In a case, the SC ruled that a person who is suffering from
SCHIZOPHRENIA or DEMENTIA PRAECOX is equivalent to
INSANITY. Dementia Praecox is an irresistible homicidal
impulse. (you keep on thinking that a person wants to kill you)
People v Madarang GR 132319, May 12, 2000: the accused is
found to be suffering from Schizophrenia. This is a common
form of psychosis which is equivalent to insanity. Read this
case and try to know why the SC sustained the conviction of
the accused who was charged with Parricide for killing his
wife. He raised the defense of Schizophrenia.
Pedophilia? Read! Pp v Diaz, Dec 8, 1999
Amnesia? Read some more!Pp v Tabugoca Jan 28, 1998
Epilepsy? Yes, equivalent to insanity.
Committing a crime while in a dream? Read Pp v Taneo
Basis of Exemption: Absence of Intelligence
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless
he has acted with discernment, in which case, such minor
shall be proceeded against in accordance with the provisions
of Art. 80 of this Code.
When such minor is adjudged to be criminally irresponsible,
the court, in conformably with the provisions of this and the
preceding paragraph, shall commit him to the care and
custody of his family who shall be charged with his
surveillance and education otherwise, he shall be committed
to the care of some institution or person mentioned in
saidArt. 80.
Paragraphs 2 & 3 have been repealed by RA 9344. This will be
discussed separately. But here‘s a bird‘s eye view:
15 years old exactly or under – EXEMPT
Over 15, and under 18 – could be exempt IF the prosecution
fails to prove that he acted with discernment. (Prosecution has
the burden. It must be alleged in the information AND proved
that he acted with discernment)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 With allegation but no evidence, or vice versa =
ACQUIT!
Discernment- the mental capacity to distinguish right from
wrong
How to prove that he acted with discernment
-examination by a psychologist/psychiatrist from DSWD
- acts made during, after or before the commission of the crime
(e.g. After committing the crime, he cleaned the materials used.
So clearly, he is aware that what he did was wrong. So there is
discernment.)
Reckoning date of the age: At the time he committed the
crime
Term for the minor offender: Child in conflict with the law
If the minor is EXEMPT – subjected to INTERVENTION
(seminars)
Basis of Exemption: Lack of Intelligence
4. Any person who, while performing a lawful act with due
care, causes an injury by mere accident without fault or
intention of causing it.
Article 4 of RPC Article 12, par 4
- accused is performing an - accused is performing a
unlawful act lawful act
Examples:
1. You‘re driving your car with due care, at a moderate speed.
Suddenly a toddler ran to your lane. You noticed him running
when you were just 2 meters away. Unfortunately you ran him
over. Liable?
- No! Par 4. Let‘s see the elements:
a. performing a lawful act – driving your car
b. with due care – moderate speed, not drunk, not tinkering
with a phone
c. inflicted an injury – ran over the child
d. by accident without fault or intention of causing it – no
negligence or imprudence on your part
The injury must have been by ACCIDENT.
Accident- an unavoidable and unforeseeable event
2. You have a plant on your window. You were watering it,
and you placed it a big pail of water by the plant. You did not
notice but imongnasik-hanangbalde! (hit by the elbow haha).
The pail fell on a person outside and eventually died. Liable?
- Danghagka! So here, there was no prudence on your part.
Lack of foresight. So LIABLE!
 If all the elements in this paragraph is present, you
are exempt and so there is NO CIVIL or CRIMINAL
LIABILITY on your part. Generally in exempting
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circumstances, the accused is not criminally liable but
he can be civilly liable. Paragraph 4 is an exception.
3. You are a police officer in Colon and saw a snatcher. You
chased him but he did not stop. You fired a warning shot but a
person painting soemthing nearby got hit. Liable?
- Firing a warning shot may be lawful. But you should observe
your surroundings. There is negligence on the part of the
police officer. He knew he was in Colon where there are many
people. He may not be liable for intentional crime like
homicide or murder but he may be liable for Reckless
Imprudence resulting to Homicide due to his negligence.
Basis of Exemption: No criminal intent/ Negligence
5. Any person who act under the compulsion of irresistible
force.
Force, meaning violence. It is a physical force (―kulata‖, punch,
shot by a gun). One that is irresistible.
This is different from par 6. In the latter, there is mere threat.
While in this par 5, there is physical violence.
Par. 5: IRRESISTIBLE FORCE
Now, what do you mean by IRRESISTIBLE FORCE? Meaning,
the accused does not have the opportunity to put up a fight;
the accused does not have any chance to escape.
Basis: Complete absence of freedom
―An act committed by me against my will is not my act.‖
A person who committed a crime under a compulsion of an
irresistible force is reduced to a mere instrument, and as such
incapable of committing a crime. Who is liable there? The
person who inflicted violence.
Par . 6: UNCONTROLLABLE FEAR OF AN EQUAL OR
GREATER INJURY
Now, the fear here must be actual or real and imminent and
the injury must be greater than or equal to that committed.
Actual, Imminent
―If you will not kill him, I will kill you later.‖ There is a threat but
the threat is no imminent. The treat is one which is imminent
or actual.
Equal or Greater Injury
For example, in one old case, the accused was threatened to be
killed unless he will join the rebellious movement. So what
was the threat? Which is greater, your life or joining the
rebellion?
But suppose, you were told, ―Kill your father otherwise I will
burn your house.‖ Is it exempting? No, because the act
threatened is not equal or greater than the crime committed.
Basis: Complete absence of freedom
Again, ―An act committed by me against my will is not my act.‖
Who is liable? The person who committed threat.
Par. 7: INSUPERABLE CAUSE
The person fails to perform an act required by law when
prevented by some lawful or insuperable cause.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Take note that the accused here is required to perform an act What do you mean by degree? Degree refers to one entire
by law but he failed to perform such act because of some penalty. What are the different penalties used by the RPC.
lawful or insuperable cause. Let‘s go jump to Art. 71. Familiarize the different penalties.
Insuperable Cause
A cause which beyond his control.
1. Death
Example, a law officer has arrested a person caught in
flagrante delicto (caught in the act). A public officer who 2. Reclusion perpetua
arrested another person is required under the law to
immediately file a case against him within the period of 12, 18 3. Reclusion temporal
and 36 hours, depending upon the gravity of the crime 4. Prision mayor DEGREE
committed by the person arrested.
5. Prision correccional (One entire penalty)
Suppose he arrested the offender in the afternoon of Friday.
The next day, Saturday, there is no court. Sunday, the more. 6. Arresto mayor
He was only able to file a case in the early morning of Monday.
Suppose Monday is also a holiday, then the next day. Is he 7. Destierro
liable for Arbitrary Detention? NO, because fails to performing 8. Arresto menor
an act, which is to file a case against the arrested person, when
he was prevented from doing so by some lawful or insuperable
cause. So, the penalties here are arranged according to seriousness or
Basis: There is no criminal intent. gravity.
The circumstances under Art. 12 is Not Exclusive. What is the penalty one degree higher than that of Reclusion
There are instances, not mentioned in Art. 12 that also exempts Perpetua? Answer: Death. So, what is the penalty next lower in
a person from criminal liability, we call it Absolutory Causes. degree from Death? Reclusion Perpetua. From Reclusion
Absolutory Causes Perpetua? Reclusion Temporal. So and so forth.
The act committed is a crime but by reason of public policy Period
and sentiment, there is no penalty imposed. A period refers to one of the 3 equal portions of a divisible
Example is Art. 332. A relative who committed Estafa, Theft, or penalty. They are called divisible because the range can be
Malicious Mischief against a family member is exempt from divided into 3 equal periods: Minimum, Medium and
criminal liability Maximum. A period is applicable only to divisible penalties. It
INSTIGATION AND ENTRAPMENT cannot apply to indivisible penalties – Death and Reclusion
Favor subject of Bar Exams. Perpetua.
Instigation Memorize the periods!
What do you mean by Instigation as an absolutory cause? Time
The law enforcer or his agent instigates or practically induces included
another person to commit a crime. IOW, the person induced is in the MINIMU MEDIU MAXIMU
Divisible
not committing a crime before the inducement. But because he penalty M M M
Penalties
is being induced by the law enforcer, he committed a crime. in its (Period) (Period) (Period)
And after committing the crime, he is arrested by the law ENTIRET
enforcer. Liable? NO, because there is instigation. Y
Example, you were just sitting down when a police officer, Reclusion From 12 From 12 From 14 From 17
who was your neighbor said ―I heard shabu is for sale these days, Temporal years and years and years, 8 years, 4
why don’t you buy some and we use it‖. 1 day to 1 day to 14 months months
That is what we call instigation. The person is not liable by 20 years. years and and 1 and 1 day
reason of public policy. Otherwise, the person who induced 8 months. day to 17 to 20 years.
must also be held liable for being a principal by inducement years
Entrapment and 4
The law enforcer resorted to means or ways to capture or months.
arrest the offender in the act of committing the crime.
Meaning, the law enforcer arrested the offender after he Prision mayor, From 6 From 6 From 8 From 10
resorted to ways and means. The idea idea of committing a Absolute years and years and years years and 1
crime comes from the offender itself. Very common example, Disqualificati 1 day to 1 day to 8 and 1 day to 12
―buy bust operation‖. on and Special 12 years. years. day to 10 years.
Temporary years.
There are still other absolutory causes scattered in the RPC but
Disqualificati
the most favorite there is entrapment and instigation.
on
PERIOD AND DEGREE
Degree

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 CRIMINAL LAW REVIEW (Book 1)
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Prision From 6 From 6 From 2 From 4 most of the requisites for justifying or exempting must be
Correccional, months months years, 4 years, 2 present.
Suspension and 1 day and 1 day months months There are times when a period is considered a degree – if that
and Destierro to 6 years. to 2 years and 1 and 1 day is expressly provided by law.
and 4 day to 4 to 6 years. Example. Look at the penalty for Sedition (Art. 139) – Prision
months. years Mayor in its Minimum period. The period there is used as a
and 2 degree and not period. So you further divide it into 3 periods
months. because that is divisible. But that is the exception. Generally, it
is one whole penalty.
Arresto Mayor From 1 From 1 to From 2 From 4 Privileged Mitigating Circumstances
month 2 months. months months
and 1 day and 1 and 1 day 3. When there are 2 or more ordinary mitigating
to months. day to 4 to 6 circumstances and no aggravating circumstance
months. months.  The penalty can be lowered by one degree.
Arresto Menor From 1 to From 1 to From 11 From 21 to  Only applicable to divisible penalties.
30 days. 10 days. to 20 30 days.  If ordinary mitigating only, it is lowered to
days. minimum period.
Now, what is the importance of knowing the Mitigating  Ordinary mitigating circumstances
Circumstances? are those mentioned in Article 13
Mitigating Circumstance  In incomplete and justifying, the
Mitigating Circumstance will not relieve the offender from majority requisites must be present.
criminal liability, if he is liable. But, the penalty is lowered. Otherwise, if only one is present
There is discount, discounted! such as unlawful aggression, it is
So for example, the penalty is Reclusion Temporal and there is not anymore privileged mitigating
an Ordinary Mitigating Circumstance and no Aggravating but only ordinary mitigating
Circumstance, the penalty will be imposed in the Minimum. circumstance.
Provided that the Mitigating Circumstance present can be  In ordinary mitigating circumstance
considered Ordinary Mitigating. where the penalty is lowered to the
But for example, no Mitigating, there is Aggravating – the minimum period, it will only be
penalty to be imposed will be in the Maximum. Don‘t forget used if the imposable penalty is
that we are talking here with years. Meaning to say, if your divisible.
penalty supposedly is 8 years, now it will be 12 years.
Another example, there is No Mitigating, no Aggravating, What is the difference between ordinary mitigating and
impose in the Medium. privileged mitigating?
Two Kinds of Mitigating Circumstances: Ordinary and - In PM, it can lower the penalty by one degree.
Privileged Whereas in OM, lowered only until the minimum
Privileged Mitigating period of the imposable penalty.
We have Minority. Provided, over 15 years but below 18 years - In PM particularly in minority, it cannot be offset by
who acted ―with discernment‖. Because a minor below 15 or any aggravating circumstance. It will always lower
above 15 or under 18 who acted without discernment is the penalty by one degree. Whereas OM can be offset
exempt from criminal liability. by aggravating circumstance.
Another privileged mitigating is Incomplete Justifying or - The PM can be applied even if the penalty imposable
Exempting Circumstances provided MOST of the elements are is indivisible. In other words, if a minor committed
present. murder where the penalty is reclusion perpetua
Example, there is unlawful aggression and there was no which is indivisible, the court cannot impose
sufficient provocation on the part of the person defending reclusion perpetua because of his minority. The
himself BUT the means used is not reasonable. That is an penalty will always be lowered by one degree even if
example of privileged mitigating. Provided further that, as the penalty imposable is indivisible.
regards self defense, defense of relatives, defense of strangers,
unlawful aggression must be present. ART 13 (1)
What is the effect of the presence of Privileged Mitigating? The - This refers to justifying or exempting circumstances
penalty will not only be lower by period but by degree. wherein not all of the requisites are present.
For example, a minor killed. That‘s homicide. The penalty to be - As regards self-defence, defence of relatives and
imposed is Reclusion Temporal, BUT since Minor, one degree defence of stranger, unlawful aggression must be
lower, Prision Mayor. Penalty is lowered by one degree. The present. If majority are present, then that is privileged
same with incomplete justifying or exempting provided that mitigating. If not, that is only ordinary mitigating.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
ART 13(2)
- Repealed by RA 9344
- Offender is over 15 but under 18 – privileged
mitigating but acted with discernment
- Accused is over 70 years – mitigating
- The minor that‘s exempt shall undergo intervention.
But if he is not exempt because he acted with
discernment, he will undergo diversion.
ART 13(3)
- That the offender has no intention to commit so grave
a wrong than that committed.
- Praeter intentionem
- Ex: Accused boxed victim because the victim boxed
his son. but when he boxed the victim, he wasn‘t able
to control his blow, the victim fell to the ground
hitting his head first. Victim died. What is he liable
for? He could be liable for homicide although his
main intention was only to inflict physical injuries.
Intent to kill now is presumed. Penalty is minimum
od reclusion temporal.
- In parricide, lack of intent to commit so grave a
wrong cannot mitigate the penalty because the
penalty is reclusion perpetua which is an indivisible
penalty.
- This mitigating circumstance is not applicable to
felonies by negligence. Ex: Reckless imprudence
resulting to homicide, lack of intent to commit so
grave a wrong will not apply. Because that
presupposes that he has the intention to commit the
offense
Intent is a state of mind
- Consider surrounding circumstances:
 Weapon used
 Nature of injury/where blow was directed
 Attitude of the mind/manner of commission
ART 13(4)
- Sufficient provocation on the part of the victim
immediately preceding the act
- the act of the victim is lesser act in such a way that it
does not constitute an unlawful aggression (otherwise
it will now be considered self-defence)
- the act of the victim is merely considered a sufficient
provocation or threat and does not constitute
unlawful aggression
- Requisites:
 act of victim is lesser that it would not
constitute as an unlawful aggression
 provocation must be sufficient and
preceding the act
 no interval of time
- CASE IN POINT: PP V MANANSALA
- Acts of provocation but not sufficient:
 Blowing of horns
 Cutting lanes
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 Overtaking
- The provocation refers to the unjust or improper act
or conduct that would incite or irritate the accused.
ART 13(5)
- Immediate vindication of a grave offense for the one
committing the felony
- The grave offense is done to:
 One committing the offense
 Spouse
 Ascendant
 Descendant
 Legitimate, natural, or adopted brother or
sister (immediate relatives)
 Relatives by affinity within same degree
- Here, the victim committed an offense. The offense
here need not be unlawful as long as the act
prompted the accused to commit the crime.
- The grave offense need not be unlawful
- CASE IN POINT: PP vs DIOKNO
 The accused (father) stabbed the victim
because the victim eloped with his daughter.
 2 to 3 days lapse of time
- Immediate
 There could be lapse of time between the
commission of the crime and the act
- CASE IN POINT: US v AMPAR
 Sarcastic remark may be considered as a
grave offense
ART 13(6)
- Passion or obfuscation
 the accused losses his reason and self-control
 so the victim committed an act
which caused obfuscation on the
part of the accused
 must have acted on an impulse so powerful
 must arouse from lawful sentiments
- CASE IN POINT: US v HICKS
 In this case, victim and accused lived
together without marriage. When victim
decided to leave accused, the latter stabbed
him. Accused raised the mitigating
circumstance of passion and obfuscation. SC
said that passion or obfuscation must arise
from lawful sentiments. Since there was no
marriage, victim is still free to leave the
accused.
- Compare to US v DE LA CRUZ, 22 Phil 429
 In this case, accused and victim lived
together without the benefit of marriage.
Accused caught victim (in flagrante) having
sexual intercourse with a man. Accused
killed his live-in partner. SC said considered
passion or obfuscation as a mitigating
circumstance. The impulse was caused by
sudden revelation that she was untrue to
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
him and his discovery of her, in flagrante, in
the arms of another man.
- CASE IN POINT: US v MACALINTAL
ART 13(7)
- 2 Mitigating circumstance:
 Voluntary surrender and
 Voluntary surrender must be made
before a person in authority
(Mayor, Brgy. Captain, Judge) or
his agent (policemen, Brgy. Tanod,
law enforcers)
 voluntary plea of guilty (confession)
- Surrender to media personality – not mitigating
- TN: Person who surrendered must acknowledge his
guilt
- If purpose is just to clear the accused‘s name, it is not
mitigating.
- If no warrant served – mitigating even if the accused
knew its issuance and then he surrendered
- Voluntary plea of guilty
 Must be made in open court
 Must be made before the prosecution starts
presentation of its evidence
June 10, 2016
Part 5
Voluntary Surrender
- Spontaneous
o Done in a manner that the accused
surrendered unconditionally to
authorities because:
i. Acknowledge guilt
ii. Save the trouble and expense in
capturing him
Voluntary Plea of Guilt
1. Made in open court with competent authority
2. Made before the prosecution has started presenting
its evidence
3. Spontaneous plea of guilty to the crime being charged
a. If the accused pleaded guilty to a lesser
offense by reason of the plea bargaining by
the accused and the prosecution. The plea of
guilty to a lesser offense is not mitigating.
i. When the accused is charged with
murder and due to the plea bargaining
between the accused and the prosecution,
the accused pleaded guilty to the lesser
offense of homicide. His plea of guilty
cannot be considered mitigating.
ii. If the accused was originally charged
with murder but later on the prosecution
amended the charge into homicide.
When arraigned in the amended
information, the accused pleaded guilty
to homicide. Is it mitigating?
1. Yes, because the crime charged
is now homicide.
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Pleading guilty is mitigating to the crime charged shows
repentance of the accused. By pleading guilty, the prosecution
has saved a lot of time and effort. It is just right to lower the
penalty. Sometimes it is favorable to the client if the advice of
the lawyer is to plead guilty depending on the circumstance.
Ordinary mitigating circumstance is only applicable if the
penalty imposable is divisible. If the crime charged against the
client is murder. Advising him to plead guilty would not lower
the charge and is still Reclusion Perpetua. The plea of guilty of
the client cannot help him. But there is no stopping him if the
client really wants to plead guilty for moral/spiritual reasons.
Just remember to inform him of the consequences of his plea.
People vs. Mendoza
- The accused pleaded guilty
- The court acquitted him despite of the plea
- Plea of guilt is a judicial confession, not just an
admission
- The confession does not necessarily mean conviction
- If the court believes that there is no evidence against
the accused then the trial court is not duty bound to
convict the accused.
Par.8 – The offender is deaf, dumb, blind or otherwise suffering
some physical defect which thus restricts his means of action,
defense or communication with his fellow beings.
Physical defect of the accused
- It is not automatic
the - The defect must be in connection or related to the
manner of committing a crime.
o If the accused is seen limping and is charged
with grave oral defamation. His limping is
not related to his defect therefore not
mitigating.
o If a blind man stabbed another person or
shot another person, his blindness is
mitigating. His defect is in relation to the
manner of committing the crime
Par. 9 – Such illness of the offender as would diminish the
exercise of the will-power of the offender without however
depriving him of consciousness of his acts.
Although the accused is not completely insane, he is diagnosed
to be feeble minded. (dili buang pero buang-buang lang)
mentally retarded. He is entitled to a mitigating circumstance
because of illness. As long as it diminishes the will power of
the accused, it is mitigating.
Par.10 – And, finally, any other circumstances of a similar
nature and analogous to those above-mentioned.
Analogous circumstances
- Similar circumstances related to the other mitigating
circumstances.
- Over 60 years old. With failing eye sight (similar to
over 70 years old) People vs. Reantillo CA case
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

- Voluntary Restitution of Stolen Property collecting civil liability against the accused then it can
- Voluntary Reimbursement of Malversed Funds be allowed.
(similar to voluntary plea of guilt) - If aggravating is present then moral and exemplary
- Extreme Poverty (similar to incomplete justifying of damages may be awarded.
state of necessity)
Mitigating circumstances is not applicable to all accused. Chapter Four
- Personal only to an accused CIRCUMSTANCE WHICH AGGRAVATE CRIMINAL
- Not applicable to co-accused LIABILITY
o A and B committed a crime. A is a minor but B Art. 14. Aggravating circumstances. — The following are
is already of age. Minority only applies to A. aggravating circumstances:
The function of a mitigating circumstance will lower the Aggravating Circumstances
penalty imposed. There is a difference between penalty - The accused is very mean here so the penalty will be
imposable and penalty imposed. increased
- Penalty Imposable is penalty prescribed by law EX:
- Penalty Imposed is the penalty actually given  Stealing inside the church,
depending on:  Killing someone in his home,
o Stage  One is a public officer and he uses his position to
o Mitigating circumstances commit the crime/to facilitate in the commission
o Aggravating circumstances of the crime,
Mitigating Aggravating  Committed the crime during nighttime so that
Lowers the penalty Penalty Imposes the you will not be identified
to its minimum penalty in the - The presenceof this could be the basis for the court in
maximum awarding moral and exemplary damages and other
Lowers the degree 2 or more Present Only imposes the forms of damages to the victim, as well as attorneys
of the penalty without the other penalty in the fees
maximum - If that is the purpose of the prosecution then they
present evidence to hold the accused liable for
Aggravating Circumstances: damages then it can be allowed even if the
1. Generic – refers to aggravating circumstances which aggravating circumstance/s to be proved are not
are applicable to all crimes. alleged in the information/complaint
2. Specific – apply to particular crimes (treachery is only
applicable in crimes against persons) 1. That advantage be taken by the offender of his public
3. Qualifying- changes the nature of the crime to a more position.
serious offense - Offender is a public officer, a government employee
a. Evident premeditation or treachery raises - Why is it aggravating? The party officer here
homicide into murder committed a crime and he committed the crime
4. Inherent – necessarily included or accompany the abusing his position and had it not in his position he
commission of the crime, does not increase the could not have committed the crime
penalty imposed - It is not automatic that once you are a public officer
a. Part or one of the elements of the crime and you commit a crime, aggravating. It is not
i. Malversation – public officers automatic.
taking advantage of public - It must first be proved that the accuse abused his
authority. office/used his office in order to make it easier for
ii. Robbery - Evident Premeditation him to commit the crime or because of this public
5. Special – arise under specified conditions to raise the office or of not because of this public office he could
penalty not have committed the crime
a. Cannot be offset by any ordinary mitigating EX:
circumstances  You are a policeman you are assigned as a jailer.
Aggravating Circumstances While being assigned as a jailer you killed a
1. Must be alleged prisoner. If you were not a police, you could not
2. Proven during trial. have been assigned as a jailer or guard for the
prisoner. You could not have also killed him or
If it is proven but not alleged then it cannot be considered. If it you could not have committed the crime.
is alleged but not proven, it cannot be considered as well to o There was abuse of your position so
increase the penalty. because of that it is considered
- Exc. If the prosecution wants to present evidence, not aggravating.
for the increase of the penalty but for purposes

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 CRIMINAL LAW REVIEW (Book 1)
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- The accused took advantage of his public position, in
order to be considered aggravating
EX:
 The accused is a policeman and he used in killing
his victim his service firearm. Is the use of his
service firearm considered aggravating? (PP
vsVillamor, January 15, 2002)
o No
o In order to be considered aggravating it
must be proved that the accused took
advantage of his position.
o The mere fact that the accused who used
his service firearm in the commission of
the crime is not considered aggravating.
- As what we have said earlier, although as a rule the
presence of aggravating circumstances will
necessitate the imposition of the penalty in the
maximum period but when that aggravating
circumstance is already inherent in the commission of
the crime, the same will not anymore be considered.
That aggravating circumstance will not anymore be
considered to increase the penalty.
EX:
 A policeman committed murder or homicide
because he killed the prisoner.
o Being a public officer is not an element
of homicide or murder. The aggravating
circumstance will be considered to
increase the penalty to the maximum
period.
 The policeman is assigned as a custodian of a
public property but he misused it and he is
charged with malversation.
o In the crime of malversation, public
office or being a public officer is already
inherent. And because it is already
inherent, the mere fact that he is a public
officer will not anymore increase the
penalty.
2. That the crime be committed in contempt of or with
insult to the public authorities.
- What do you mean by pubic authority? This refers to
persons in authority.
- Who are persons in authority? We have barangay
captain, barangay councilors under the LGC, mayor,
governor, judges
- The accused here committed the crime in the presence
of a person in authority who is performing his duties
outside his office
- Are there public officers who in performing his duties
do it outside of his office? Yes, like mayors when they
inspect drainage project or schools being built.
EX:
 Suppose the mayor while inspecting a particular
project, which is supervising or overseeing the
clearing of the sidewalk or clearing of the
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informal settlers along the creek or along the
river. Suppose in his presence, in front of him the
offender stabbed another person. Is it not an
insult on the part of the mayor?
o That is an insult.
o This aggravating circumstance is
present. The crime is committed in
contempt of or with insult to a person in
authority.
- The public officer here is performing his duties
outside his office.
EX:
 The barangay captain was supervising a disco
party in his barangay. While checking up on
whether there was peace and order in the disco
party a man suddenly stabbed another person in
front of him. Is this aggravating circumstance
present?
o Yes
o The crime was committed with insult to
the public authority.
 On TV, wherein there‘s a part that they catch a
thief or snatcher or killer or one who stabbed
another and then the victim or relatives comes
out in front of the police then boxes the accused.
If a case is filed against the suspect, will it be
considered or appreciated an aggravating
circumstance?
o No
o The crime was not committed in the
presence of a person in authority but
merely an agent.
- The crime must not be committed against the public
officer. The crime is merely committed in front or in
the presence of the public officer. The victim is not the
public officer himself.
- It is still an aggravating circumstance if the public
officer is the victim but this is not the correct
provision but under Par 5. It falls under a different
circumstance.
- In order to be aggravating, it is necessary that the
accused must know that he committed the crime in
the presence of a person in authority.
EX:
 He knows that he is a barangay captain but he
does not know that a barangay captain is a
person in authority.
o Ignorance of the law.
o The same will not excuse him.
- The public officer must be performing his duties
outside his office.
3. That the act be committed with insult or in
disregard of the respect due the offended party on
account of his rank, age, or sex, or that the crime is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
committed in the dwelling of the offended party, if
the latter has not given provocation.
- There are 4 aggravating circumstances here
1. Disrespect of the offended party on account of his rank
o What should one do when a person has a
high rank? The accused should respect him.
o What happens if one disrespects him? You
instead stab him. That is aggravating.
o Rank refers to the high social standing or
position. So, in to other words there must be
a difference in the social standing or social
condition between the offender and the
offended party in order for this aggravating
circumstance to be considered.
EX:
 Accused is just a civilian and the victim is a
general of the Philippine army.
o There is disregard of his rank.
2. Disrespect of his age
o Supposed to be that when one is already a
senior citizen, one should respect him
o Suppose that instead of respecting him, you
stabbed or killed him
EX:
 A 90-year sold is being stabbed by a 20 years old.
o There could be lack of respect on
account of his age.
3. Disrespect of his age
o Sex here refers to a female
EX:
 The accused in order to take revenge since he had
a relative that was killed by that group. He killed
the female members of that group who killed his
relatives. He selected and killed a female relative
of the killers in retaliation. (PP vsDayug, 49 Phil
423, 427)
o This is aggravating.
 Direct assault upon a lady teacher. (Sarcepuedesvs
PP, 90 Phil 230, PP vsManapat, CA, 51 OG 894)
o This aggravating circumstance, lack of
respect on account of sex was also
considered.
o Sex is inherent in the crime of rape
EX:
 A 90-year old woman is being raped. What
aggravating circumstances are present in the
case?
o Age
o What about sex? It is not anymore
considered because it is inherent in that
crime.
- In order to be considered, it must be shown that the
accused deliberately insulted or disrespected the
offended party on account or despite of his rank,
despite of his age, or sex
***These should be memorized or familiarized since
bar questions or in the bar, you will be given a set of
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facts and you may be required to enumerate what are
the aggravating or mitigating circumstances present
and you would be required to explain why you
considered it as an aggravating or mitigating
circumstances. So we should understand this.
4. Dwelling
o In order for dwelling to be considered the
building or structure must be exclusively
used only for rest and comfort.
 A combination of house and store that is
not considered a dwelling. (PP
vsMagnaye, 89 Phil 233, 239)
 A market stall that is used as sleeping
quarter for the owner of the stall cannot
be considered a dwelling.
o In order to be considered aggravating, the
crime must be committed inside the
dwelling of the victim.
o It could be that the accused is outside the
dwelling while the victim is inside his
dwelling.
EX:
 He is standing near the window while the
accused was outside then he shot him from here.
 That could still be aggravating.
o Dwelling also includes dependencies, such
as garage, foot of the staircase, and enclosure
under the house. (US vsTapan, 211, 213, PP vs
Alcala, 46 Phil 739, 744)
o If the victim is killed while she is climbing
up the stairs, that would be considered
aggravating since it is part of the dwelling.
EX:
 If the victim is a mere visitor because it was a
fiestaand he was seen by his enemy then was
killed. Aggravating?
 TN that in order to be considered
aggravating the victim must be the
owner of the dwelling or house where
he is killed or at least he must have been
staying there as a bed spacer, lessee, or
boarder, or even as mere guest.
 Guest – must have been
staying there not a casual guest
EX:
 The victims, while sleeping as guests in the
house of another person, were shot to death in
that house were killed. Dwelling was considered
aggravating. (PP vsBasa, 83 Phil 622, 624)
o The offender and the offended party are
occupants of the same house? Dwelling is not
aggravating.
o EXCEPT: in adultery
o The SC considered dwelling as
an aggravating circumstance
when adultery is committed in
the dwelling of the husband
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
even if it is the dwelling of the
unfaithful wife. (US vs Ibanez,
33 Phil 611, 613)
4. That the act be committed with abuse of confidence
or obvious ungratefulness.
- Abuse of confidence, meaning the victim must have
trust and confidence on the offender
- Offended party trusted the offender and the offender
abused such trust by committing the crime and the
abuse of confidence facilitated the commission of the
crime
- Once you have trust upon a person, you will be less
watchful
EX:
 A nanny killing the child that she is watching.
o There is abuse of confidence when a
domestic servant kills or killed the child
she is watching.
- The victim must have trust and confidence in the
accused.
Par. 4 That the act be committed with abuse of confidence or
obvious ungratefulness
OBVIOUS UNGRATEFULNESS
Ungratefulness must be obvious.
- This aggravating circumstance was present in the case
of the accused who killed his father- in- law in whose
house he lived and who partially supported him.
People vs Floresca, 99 Phil 1044
- The circumstance also exists when a visitor commits
robbery or theft in the house of his host.
Par. 5 That the crime be committed in the Palace of the Chief
Executive, or in his presence, or where public authorities are
engaged in the discharge of their duties or in a place dedicated
to religious worship.
4 AGGRAVATING CIRCUMSTANCES IN PARAGRAPH 5:
1. Crime is committed in the Palace of the Chief
Executive
- In one case, a foetus was found in one of the crs
in Malacanang Palace. The crime committed is
abortion with this aggravating circumstance
because the abortion was committed inside the
Palace of the Chief Executive. This is aggravating
even if the president was not in the Palace at the
time the crime was committed.
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2. Crime is committed in his presence
- Here, the president need not be in Malacanang.
The president need not be doing his official
duties, because his presence alone in any place
where the crime is committed is enough for this
aggravating circumstance to be appreciated.
- Example: President- elect Digong was invited as
guest speaker at a graduation exercise in San
Jose, and while delivering his speech somebody
got killed, then this aggravating circumstance is
present- that the crime was committed in the
presence of the Chief Executive.
3. The crime is committed where public authorities are
engaged in the discharge of their duties.
- The word ―where‖ presupposes a place.
Therefore the crime was committed in the office
or in the place where the public authority is
discharging his duties.
- The victim here could be the person in authority
and the crime was committed inside his office or
in the place where he is discharging his duties.
- Example: In one case, one of the teachers or one of
the members of the Board of Election Inspectors
was killed inside the election precinct. In this
case, this aggravating circumstance was present
because the crime was committed in the place
where a public authority was engaged in the
discharge of her duties.
- Example: While conducting a court hearing, the
judge is killed. Here, this aggravating
circumstance is also present because the crime
was committed in the place where the public
authority was engaged in the discharge of his
duties.
Place where public Contempt or insult to
authorities are public authorities
engaged in the (par. 2)
discharge of their
duties (par. 5)
In both, the public authorities are in the
performance of their duties.
The public authorities The public authorities
who are in the are performing their
performance of their duties OUTSIDE their
duties must be IN their office.
office.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

The public authority The public authority aggravating circumstance that the crime was committed in
MAY BE THE should NOT be the a place dedicated to religious worship, present here?
OFFENDED PARTY. offended party.

Case: Remember that case of the Canadian who A: NO. Because in order to be considered
aggravating, the offender must already have the
intruded the court? He killed the lawyer and the
intention to commit the crime when she entered the
doctor- plaintiff inside the court, nuon at that
place. In this case, the SC said that the accused did not
time the hearing hasn't started yet.
have murder in her heart when she entered the chapel
because in the first place she did not know that the
4. The crime is committed in a place dedicated to
religious worship. victim would be there, so this circumstance was not
considered in imposing the penalty. People vs Jaurigue,
76 Phil 174
- Example: When a thief or pickpocket took away your
cellphone while you were in a mass. What
Par. 6 That the crime be committed (1) in nighttime, or (2) in
aggravating circumstance is present in this case? Ans.
an uninhabited place, or (3) by a band, whenever such
That the crime was committed in a place dedicated to
circumstance may facilitate the commission of the offense.
religious worship.

1. Nighttime
- Examples of places dedicated to religious worship:
- means from dusk to dawn.
o Church
o Temple
- Q: Is it automatic that when a crime is committed
o Chapel
during nighttime, nighttime is aggravating?
o Mosques
A: NO. For it to be considered aggravating, nighttime
should be
- Q: What is the reason why it is considered
1. especially sought for by the offender to
aggravating?
insure the commission of the crime or for the
purpose of impunity; or
A: Lack of respect of the place. HE committed the
2. that it facilitated the commission of the
crime in a place which should be considered holy.
crime; or
3. that the offender took advantage thereof for
- Q: How about if the crime was committed in a
the purpose of impunity.
CEMETERY?
- Example: The accused, in order to kill the victim
A: The Supreme Court in one case said NO.
purposely waited for him at a dark place, so
Cemeteries are not such a place, however respectable
nighttime is aggravating.
they may be, as they are not dedicated to the worship
of God.
- Q: What about if the crime was committed at
nighttime but the place was lighted, let‘s say at
- Case: There‘s this girl (accused) who was so pissed
Fuente Osmena? Is nighttime aggravating?
about this guy (victim) who often confesses his
affection for her and who at that time was courting
A: NO. It must be dark. If it is lighted then of course
her. She gets irritated everytime she sees the guy
nighttime did not facilitate the commission of the
because he is bastos and touchy. And so one time, she
crime. It negates the notion that the accused had
started bringing a knife with her wherever she goes. It
especially sought or taken advantage of nighttime in
so happened that while inside the chapel for a novena
order to facilitate the commission of the crime.
the accused came, sat beside her and started
confessing and touching her again. And so the girl got
- The only question you have to take note of is ―Did the
his knife and stabbed him. The victim died. Is the
accused purposely commit the crime at nighttime to

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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
consummate the commission of the crime?‖ If the answer
is yes then that is aggravating.
2. Uninhabitted place
- Meaning the houses are so far from each other that it would
be hard for the victim to receive some help. Specially in
remote places, ie. in the mountains.
- If the accused specially committed the crime in a
place where the houses are very far from each other
or there are no persons staying in that place then that
is aggravating.
- IF THE CRIME IS COMMITTED IN THE MIDDLE
OF THE SEA.
For example the victim is a member of Bantay Dagat
(that who apprehends illegal fishermen). The accused
believing that the victim was the one who reported
him, waited for the victim at the middle of the sea and
stabbed him. What aggravating circumstance is
committed in that case?
Ans. That the crime was committed in an uninhabited
place. It is aggravating because the crime was
perpetrated in the OPEN SEA, where no help could
be expected by the victim and the offender could
easily escape punishment.
- The offender took advantage thereof for the purpose
of impunity.
3. By a band
- Band is present where there are more than 3 armed
malefactors who have acted together in the commission of
the crime. In other words, band is present where there
are at least 4 armed malefactors.
- Example: If there are 10 of them but only 3 are armed,
is band present? NO. There must be at least 4 persons.
- Case: A rock is considered a deadly weapon. So if 3
have knives while one has a rock then there is band.
ALL THE ARMED MEN, AT LEAST 4 IN NUMBER
MUST TAKE DIRECT PARTICIPATION IN THE
COMMISSION OF THE CRIME.
- So if one of the 4 armed persons is a principal by
inducement then they do not form a band.
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Par. 7. That the crime be committed on the occasion of a
conflagration, shipwreck, earthquake, epidemic or other
calamity or misfortune.
Conflagration- during fire.
- Example: While the victim is occupied securing his
things, the accused commits robbery.
- Example: That time when one person screamed
―Tsunami!‖ causing the people to ran up the
mountains leaving behind their houses. Then the
accused took advantage and stole things from these
houses. What aggravating circumstance is present in this
case? Ans. That the crime was committed on the
occasion of epidemic or calamity or misfortune.
- Case: There was this bus accident in Talisay, where
people in the vicinity finished the lives of the accident
survivors to consummate robbery, at the same time
eliminate witnesses. So this aggravating circumstance
is present.
Par. 8 That the crime be committed with the aid of (1) armed
men, or (2) persons who insure or afford impunity.
With the aid of armed men By a band (par. 6)
(par. 8)
If less than 4 armed At least 4 armed malefactors
malefactors.
They may or may not All must have participated in
participate in the crime. the commission of the crime.
- Aid of armed men is absorbed when band is present.
- ―Armed men‖ includes armed women.
Par. 9. That the accused is a recidivist.
Who is a recidivist?
- One who, at the time of his trial for one crime, shall have
been previously convicted by final judgment of another
crime embraced in the same title of the RPC.
- Note: To know if an offender is a recidivist, it is
important to know the different crimes under a
particular title.
The reckoning period here is at the time of trial.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The accused must ALREADY BE GUILTY BY FINAL
JUDGMENT. If his case is still pending appeal at the
time of the trial for the second crime, then he is not
considered a recidivist.
- NOTE: THE PRIOR CRIME MUST HAVE BEEN
COMMITTED PRIOR TO THE COMMISSION OF
THE PRESENT CRIME. Because it is possible for one
to be convicted first of a prior offense.
Example: Charged with theft but the accused hid.
Being at large, his case will in the meantime be
archived because his presence is important specially
in arraignment. So while he is still at large, the case
shall be archived. Supposed that while the accused
was hiding, he committed another crime of theft. This
time he was arrested. Because he was arrested in the
present crime, he was tried and convicted for this
later crime. When that court where the first crime of
theft learned of his conviction, they likewise required
the appearance of the accused in that first court.
Accused was tried and convicted for the crime of theft
he first committed. But take note that during the trial
of that first case, he was already convicted of this
present case. Is he a recidivist?
Ans. NO. Because in order to be considered a
recidivist, the ―previous crime‖ to which you are
convicted must have been committed prior to the
second.
- THE TIME INTERVAL DOES NOT MATTER.
Example: The first crime was committed in 1980, while
you were 18 years old. Now you are already 40 years
old, you are again convicted of a crime under the
same title. You are still considered a recidivist
because time interval does not matter.
- IT COULD BE THE SAME CRIME. IT COULD BE
EXACTLY THE SAME CRIME.
Example: If before you were convicted of theft and
now you are again convicted of theft, then the
aggravating circumstance of recidivism shall be
considered.
Example: If before you were convicted of theft and
now of estafa, then the aggravating circumstance of
recidivism shall also be considered.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Reitiracrion / Habituality – need not fall under same title as
distinguished from that of recidivism
ELEMENTS:
1. Accused has been previously convicted and served his
sentence for that crime when he is tried for that crime
2. Penalty for that previous crime is either equal or more
serious than the penalty for the present crime
For example, you were previously convicted for forcible
abduction. Now you are convicted and you have fully served
your sentence. Now you are charged with another offense,
shall we say serious physical injuries, take note that the
penalty for forcible abduction is more serious than the penalty
for serious physical injuries. So when you will be convicted of
this charge, then the aggravating circumstance of habituality
shall be considered.
Now what about if the accused has been convicted of forcible
abduction and now he is tried for homicide? What will be the
aggravating circumstance for this? Now the penalty for this
offenses are equal, once the accused is convicted for homicide,
then the aggravating circumstance of habituality shall apply.
What about if it is the reverse? The accused is convicted with
serious physical injuries, then later on charged with forcible
abduction, what if he gets convicted with the latter charge?
Will the aggravating circumstance of habituality apply? The
answer is NO. Because as what we have said, when the penalty
for the previous offense is lesser than that of the present, it is
necessary that it must be 2 crimes/convictions for the previous
offense.
Again in reitiracion, the crimes do not belong under the same
title, otherwise it will be recividism.
Quasi- recidivism – Accused committed another crime before
serving sentence or while serving sentence for the previous
crime committed. (Article 160)
- 2nd crime must be a felony; 1st crime need not be a
felony
- Cannot be offset by any ordinary mitigating
circumstance; 2nd crime should be penalized in the
maximum. Under article 160, the law expressly
provides that the penalty for the 2nd crime should be
in the maximum.
- This is what we call special aggravating circumstance
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Multi-recedivism / Habitual delinquency –
ELEMENTS:
1. Accused committed 3 crimes; 2 of which are already final
and executor or could have serve sentence and at the same
time under trial for another crime.
2. Crimes committed could either be or a combination of the ff:
a. Falsification
b. Estafa
c. Theft
d Robbery
e. Less serious and serious physical injuries
3. That the time interval must not exceed 10yrs from conviction
or release.
- 3rd conviction, additional penalty; accused will serve 2
sentences successively.
Example:
Theft. Accused is a master of theft, for example he‘s been
convicted for theft during 1997, then in 2006 he was convicted
again for theft, then last January 2016, he committed another
crime for theft and now the case is pending for trial. Supposed
he is convicted for the 3rd crime, what will be the effect of such
circumstance in the imposition of the penalty for the 3rd crime?
Is he a multi-recidivist? Yes, since the requisites are present as
provided above. In this case, there would be an additional
penalty, not just the maximum of the original penalty, it is as if
he committed another crime, so he is going to serve 2 sentences
SUCCESSIVELY. The penalty for the 3rd offense is prision
correctional in its medium period.
For example, in the example above, accused was convicted for
a crime of theft on 1997, but was instead released in 2000. Now
let‘s say he committed a crime in 2009, is he a multi-recidivist?
Yes. Now take note that the reckoning point for the counting of
the 10yr interval could either be the time of conviction or at the
time of release.
(these kinds of repeat offenders are favorite questions in the
Bar)
Par. 11. Crime be committed in consideration of a price,
reward or promise.
-crime must be committed by reason of price, reward or
promise; primary consideration
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- A person who committed such has his own reason other than
the price, reward or promise; not aggravating
- the price, reward or promise must be made prior to the
commission of the crime
So for example, you did not agree with your neighbor, and the
latter killed your enemy, and after the killing you gave him a
bonus, aggravating? No. In order for it to be aggravating, the
giving of the price, reward or promise must be the primary
consideration why the crime was committed.
Par. 12. Crime be committed by means of inundation, fire,
poison, explosion, stranding of a vessel, or intentional damage
thereto; derailment of a locomotive or a by the use of any other
artifice involving great waste and ruin.
Example:
Now, what is the crime committed if you purposely burn the
building/house, but without your knowledge, a person was
inside and died by the fire. The burning of the house is arson.
What about the killing? Not arson with homicide. If the main
purpose is to burn the house/building, and a person is killed
instead, the crime is Arson. But the main purpose is to kill the
person and burn the house as a means, then the crime is
Murder. What about you kill the person first and in order to
hide the crime ,you burned the house. Then there are 2 crimes
committed, either murder/homicide or arson. -People
vsMalngan 503 SCRA 294
What we‘re talking here in par. 12 is that the crime is
committed by means of fire, poison, explosion etc2.
Aggravating circumstances in this paragraph, are aggravating
circumstances for Murder.
June 12, 2016
Part 6
13. That the act be committed with evident premeditation.
Evident premeditation
–presupposes that there was deliberate planning of the method
means and time of the commission of the offense.
-one of the common circumstance that qualifies killing into
murder.
Deliberate planning – presupposes a sufficient lapse of time
from the time the accused conceivedthe idea to commit the
crime up to the time he committed the crime.
What is a sufficient lapse of time(for the accused to reflect on
the consequences of the crime he is planning to commit)?
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 SC is not consistent with this.
- There was one decision that 1 hour was sufficient for
the accused to reflect on the consequences of his act.
(People vs Dumdum)
- Another case, 2 hours was not sufficient (Pp vs
Crisostomo)
- Another, 3 hours was a sufficient lapse of time. (Pp
vs Gausi 6/29/63)
-JUDGE: So more or less, 3 hrs. But take note of those
cases with 1 and 2 hrs.
Requisites of Evident Premeditation: (must be proven by the
prosecution)
1. The time when the offender determined to commit
the crime;
2. An act manifestly indicating that the culprit has clung
to his determination;
- There must be an external act. An example: In the
morning, A told X, ―Ikaw ha, wala pa ta nahuman!‖.
At noon time, A was seen sharpening his knife. (J:
why was he sharpening his knife? That shows that A
clung to his plan to commit the crime.)
3. A sufficient lapse of time between the determination
and execution, to allow him to reflect upon the
consequences of his act and to allow his conscience to
overcome the resolution of his will.
Examples:
a. Accused prepared a grave for the victim. So he
planned that after he kills the victim, he‘ll bury him.
There was evident premeditation Here, the accused
showed acts that indicate his preparation for the
commission of the crime.
Take note:
 When the victim is different from that intended –
evident premeditation is NOT AGGRAVATING
 Evident premeditation may be considered as present,
even if a person other than the intended victim was
killed, if it is shown that the conspirators were
determined to kill not only the intended victim but
also anyone who may help him put a violent
resistance. (Pp vs Ubina)
 It is not necessary that there is a plan to kill a
particular person in order for evident premeditation
to be considered.
 US vs Manalinde: Manalinde was told by a
―Mamarang‖ (kanang mu barang/casts a
spell) to do a certain mission, and if he
accomplishes it, he will be given a new,
pretty, young wife. His mission was to kill
the first 2 people he sees. After 3 days,
Manalinde arrived the city, he indeed killed
the first 2 people he saw. He was charged
with 2 counts of murder. Can evident
premeditation be considered, considering
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
that Manalinde had no particular person in
his mind to be killed?
- No. It is not necessary that the accused
planned to kill a particular person. There
was a sufficient lapse of time to reflect on his
plan. 3 days passed before he committed the
killings.
14. That the craft, fraud or disguise be employed.
Craft
- intellectual trickery and cunning on the part of the accused
– refers to an act done by the accused so that the victim will
not have any suspicion that the accused is planning to commit
an act against him
E.g.
- The accused planned to rape a newly acquainted woman. He
invited the woman to have some refreshments. He slipped a
drug that causes sleep in her soda. The woman passed out and
so the accused was able to rape her. CRAFT!
- The accused pretended to be soldiers so that they could enter
the place of the victim. CRAFT!
Fraud
- insidious words or machinations used to induce the victim to
act in a manner which would enable the offender to carry out
his design.
E.g. General Bautista was called by one Osman Sali, a Muslim
rebel. The latter told General that they wanted to surrender to
Gen. personally; that they will meet in the city; that the
military should not bring arms. General Bautista agreed to
Osman‘s requests. When the 2 met in the city, many armed
Muslim rebels appeared and shot General Bautista to death.
Murder! Insidious words that allowed the victim to be off-
guard: ―We want to surrender.‖
J: So always be careful with words, makailadna.Angubanana
ma biktimaog HIT and RUN!
Disguise
- resorting to any device to conceal identity
e.g.
- Accused wears a wig so that he would appear to be a woman.
- Accused wears a bonnet/full-face helmet (usually seen in
riding-in-tandem, murag ninja!)
J stressed about his disapproval of car s with no plate numbers:
―For registration‖ – here, police officers cannot identify the car
owner in the event the car owner commits road violations. This
is one way to conceal identity.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
15. That advantage be taken of superior strength, or means be
employed to weaken the defense.
When can you say that the offender/s is/are superior in
strength?
- superior in number
- superior in weapon/arms
- superior in force
**But TN that the above is not automatic. It must be shown that
those people TOOK ADVANTAGE of their superiority.
No advantage of superior strength in the ff:
- when a quarrel arose unexpectedly and the fatal blow was
struck at a time when the aggressor and his victim were
engaged against each other as man to man
- when the offender attacks another with passion and
obfuscation
Advantage of superior strength present:
-accused killed a 6 month old baby/ 5 yr old child of tender
years. TN(take note) the killing of a child may be taking
advantage of SS/ treachery.
Means to weaken the defense
e.g.
- the accused let the victim drink plenty of wine until the latter
got drunk and killed him
- accused threw sand on the eyes of the victim/used pepper
spray
16. That the act be committed with treachery (alevosia).
There is treachery when the offender commits any of the
crimes against the person, employing means, methods, or
forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself
arising from the defense which the offended party might
make.
Treachery
- when the offender commits any of the crimes against the
person, employing means, methods or forms in the execution
thereof which tend directly and specially to insure its
execution without risk to himself arising from the defense
which the offended party/ victim might make.
- theattack here is sudden and unexpected; the means used must
be deliberate
- the essence of treachery is that the victim does not have the
opportunity to put up a defense
e.g. The victim and the accused had an argument. Suddenly Y
pulled a knife and stabbed X. Is there treachery?
- No. The attack may be sudden, but it was not
unexpected considering they had a heated argument.
Take note:
 Killing of a child of tender years is always murder.
Again, Abuse of Superior Strength/Treachery is
present because the child could not put up a defense.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
True even if it was not shown or proved how the
attack was done. Treachery is always present. If there
is treachery, normally, the prosecution must prove the
means, methods and forms of attack, for it to be
considered. But if the victim is a child, there is no
need for the prosecution to prove these.
 Not necessary that wounds must be found at the back
of the victim to consider treachery
 Though wounds are frontal, it does not necessarily
follow that there was no treachery.
 Treachery must be established by PROOF BEYOND
REASONABLE DOUBT. It can never be presumed.
Aggravating Circumstances that are absorbed in Treachery:
1. Abuse of superior strength
2. Aid of armed men
3. Band
4. Means to weaken the defense
5. Nighttime
6. Craft
7. Age
8. Sex
9. Poison
Problems:
1. X and Y were having a fist fight. In the course of their fist
fight, Y pulled a knife. When X noticed this, he ran away from
Y and the latter chased him. X stumbled on a stone and wasn‘t
able to get up anymore. Y caught up and stabbed X in the back
by Y. Is there treachery?
- NO.In order for treachery to be considered, treachery must be
present at the inception/start of the fight. Here, at the start of
the fight there was no treachery because they were having a
fist fight. At the end of the fight, when Y stabbed X when latter
was defenseless, treachery cannot be appreciated.
2. X planned to kill the governor. X went inside the governor‘s
office and had a short talk. When X noticed that the governor
was not armed, X shot and was able to hit the former‘s
shoulder. The governor ran and ran until he was cornered. He
found a cabinet, and so the governor went inside it and locked
himself, and shouted for help. The accused, X, stopped for a
while, and tried to discern by looking at the cabinet, where the
head of the governor was. Afterwhich, X shot the cabinet,
where he thought the head was, and the governor died. Was
there treachery?
- SC said that at the start of the fight, there was no treachery
because the governor was able to run away. But considering
that there was a break in the continuity in the attack – when X
stopped for a while and tried to discern where the head of the
governor was – there was already treachery. (US vs Baluyot. 40
Phil. 385) – ―If there was a break in the continuity of the
aggression and at the time the fatal wound was inflicted on the
deceased he was defenseless, the circumstance of treachery
must be taken into account.‖ (pg445 of JBL Reyes‘ book)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

General Rule, if there is no treachery at the start, treachery Unlawful Entry

cannot be appreciated even if at the end of the attack the
victim was already defenseless UNLESS there is a break in When an entrance is effected by a way not intended for the
the continuity of aggression. purpose. Example is when you used the window as entrance.

Remember, treachery can be appreciated even if there is error
in personae or aberratio ictus. It can be appreciated even if the
victim is different from that intended to be killed.
This is different from evident premeditation. There is no
premeditation if there is a wrong victim. It cannot be
appreciated if the victim is different from that person
intended to be the victim.
Par. 17: IGNOMINY
Ignominy
This refers to moral suffering which adds disgrace to the
material injury which is caused by the crime.
PP vs. Jose, 37 SCRA 450
The victim there was Maggie dela Riva. She was kidnapped
and brought to a secluded place. The accused before raping
her, ordered her to dance naked in front of them.
Other examples:
 When the accused put cogon grass around his organ
when he raped the victim.
 When a married woman was raped in the presence
of the husband.
 When the accused raped the victim from behind.
PP vs. Regala, 329 SCRA 709
According to the SC, there is no law providing that additional
Rape or Homicide committed on occasion of Robbery should
be considered as aggravating circumstance. A penal law
should be construed in favor of the accused and no person
should be brought according to its terms if it is not clearly
made so by the statute. The SC said that Rape committed on
occasion or during the commission of Robbery with Homicide
cannot be considered as Ignominy because there is no such
law providing for such and the doubt should be resolved in
favor of the accused.
The SC further stated that there is no such provision as
―analogous circumstances‖ under Art. 14 – Unlike in Art. 13.
Therefore, the enumeration in Art. 13 are Exclusive.
Par. 18: UNLAWFUL ENTRY
Par. 19: A WALL, ROOF, FLOOR, DOOR, OR WINDOW BE
BROKEN
This is inherent in Robbery with force upon things. It will not
anymore increase the penalty
Par. 20: (1) WITH THE AID OF MINORS OR (2) BY MEANS
OF MOTOR VEHICLES
(1) With the aid of Minors
(2) By means of motor vehicles
The motor vehicle here must be used not only for escape but
as means for the commission of the crime. Meaning, the motor
vehicle here is used to facilitate or to make it easier the
commission of the crime and also for easy escape.
Example:
Mr. Y wanted to kill Mr. X. In order for him to kill Mr. X, he
borrowed a motor vehicle, followed Mr. X and after the
killing, used the same motor vehicle for his easy escape.
Bar Question
The accused was driving recklessly. He hit a pedestrian.
When he looked back, he noticed that the pedestrian was still
moving. So he backed up his car and killed the pedestrian.
What was the crime committed?
The accused committed Murder because there was treachery.
What was appreciated in the case was not means of motor
vehicle but treachery.
What about bicycle? Is it aggravating? NO. A bicycle is not a
motor vehicle.
Par. 21: CRUELTY
Cruelty
Refers to physical suffering when the accused enjoys and
delights in making his victim suffer slowly and gradually
causing unnecessary physical pain in the consummation of
the criminal act.
Example:

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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Before killing the victim, his nails were removed. After it MC (the accused must really be drunk). There is
removing the nails, his fingers were dipped in vinegar. diminution of intelligence.

Accused here is a sadist because he finds pleasure and Relationship

satisfaction in seeing the victim suffer slowly and gradually. - Not specified when MC or AC
- According to jurisprudence, Aggravating when:
Just like Para 17 which is about moral suffering, in Para 21,  The victim is a relative
cruelty, in order to be considered the victim here must still be  If crime against person
alive. The infliction of the injuries must be purposely done to - According to jurisprudence it is Mitigating when:
let the victim suffer slowly.  If crime against property

AC of cruelty is present: Education

- When the accused using his cigarette burned the - According to jurisprudence:
mouth of the victim before killing him.  Mitigating when:
- Putting mud into the mouth off the victim 1. Lack of education
 Accused has not finished
There are MCs that are personal to the accused such as even grade 1
minority. This is similar to AC. There are ACs which are  it is not necessary that
personal to the offenders. Example: accused has not gone to
- Relationship. school or has not finished
 H in conspiracy with A, H killed his wife. grade 1
Relationship is AC as regards to H not with 2. It must be coupled with lack of
A. intelligence
- Another is Recidivism.
 A committed theft but it was already A‘s 2nd  Except:
time unlike B, it was his first time. AC is only  Crimes against property
personal to A.  Murder
- The same with Evident Premeditation  Against chastity
 A offered reward to X to kill Y. X  Treason
deliberately planned on the means and
methods as well as the forms of killing Y.  Aggravating when:
Evident premeditation is only appreciated to 1. High degree of instruction
X. 2. It must be taken advantage by
offender
Article 15
- Alternative or Alternating circumstances So those are the different modifying circumstances:
- There are 3 alternating circumstances: 1. Justifying
1. Relationship 2. Exempting
2. Education 3. Mitigating
3. Intoxication 4. Aggravating
- Considered MC or AC depending on the 5. Alternative/alternating
circumstances present in the commission of the crime  These will affect the liability of the person or the
penalty to be imposed upon the convict.
Intoxication
- MC when not habitual or not subsequent to the plan Article 16 –Who are criminally liable
to commit the crime
- AC when habitual or intentional/subsequent to the - When a crime is committed by just one person,
plan to commit the felony there is not so much of a problem because he will
 Example of ―habitual‖: always be the principal.
 When the witness have seen the - When there are 2 or more persons liable, then
accused about 12 times or more there will be a complication.
drinking
- If intoxication is merely incidental, it is not Grave and Less Grave Felonies
appreciated, provided it is not habitual
1. Principal
- It must be established that the accused had taken such
2. Accomplice
amount of alcohol that has blurred his reason to make
3. Accessory

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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Light Felonies
1. Principal
2. Accomplice
Accessories are no longer punished in light felonies.
It is important to determine the participation of an offender to:
1. Determine the penalty to be imposed
a. Accomplice – 1 degree lower than the principal
b. Accessory - 2 degrees lower than the principal
X, Y, and Z committed murder. X is the principal. Y an
accomplice and Z is an accessory. The court should determine
their participation to correctly charge then or else all of them
will be charged as principals. X will be charged with Reclusion
Perpetua. It would be a grave injustice for Y as an accomplice
to also be charged with Reclusion Perpetua. It is a failure of the
lawyer of the accused to call the attention of the court.
In old cases, some use ―defendant‖ for the accused. Now you
should use ―accused‖ when answering questions. Defendant is
only used for civil cases.
In the commission of a crime, there are two parties involved.
1. Active Subject – the criminal
a. Only natural persons may be the accused.
G.R. Juridical Persons cannot be the accused
- Corporations may be sued but only the
officers may be criminally liable but not the
corporation itself.
2. Passive Subject – the state
a. The offended party is only a witness or
private complainant.
Article 17. Principals
Different Kinds of Principals
1. Those who take a direct part in the execution of the act;
(Principal by Direct Participation)
2. Those who directly force or induce others to commit it;
(Principals by Inducement)
3. Those who cooperate in the commission of the offense
by another act without which it would not have been
accomplished. (Principal by Indispensable Cooperation)
Principals by Direct Participation
1. Present at the scene of the crime
2. Must have taken direct participation in the
commission of the crime
a. Participated in the criminal resolution (the
planning). There is conspiracy between them
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“Together we leap, together we will succeed.”
and they carried in their plan and performed
acts which directly tended to their end.
- Conspiracy – all conspirators are liable for all acts
done for the logical or natural consequence of the
crime. If the crime committed is so different from
the crime agreed upon, then only the actor will
be liable for such crime.
o If X and Y decided to kill Mr. A and
expressly stated that the family is not
included. Then X killed one of the
children, Y is not liable for the death of
the child only for Mr. A.
If the accused is not present at the scene of the crime, he cannot
be considered as a principal by direct participation.
- Mere presence in the crime scene is not enough to
hold a person as a conspirator.
- It must be coupled with acts towards the
accomplishment of the crime to make him liable.
- Should not act as a look out or lending moral
support
- Mere knowledge, acquiescence, or mere approval
of the act without cooperation or agreement to
cooperate does not constitute one as a
conspirator. People vs. Taer June 18, 1990
- To prove conspiracy, it is proven by
circumstantial evidence (participation and acts
during the actual commission of the crime). One
may be the one who stabs, the other holds the
victim and the other guards the door.
- If there is conspiracy but before the commission
of the crime one of them desisted. The one who
desists is no longer criminally liable as part of the
conspiracy. People vs. Timbol August 4, 1994
- G.R. Applies to crimes by Dolo.
o Exc. There was a case where the
professional driver, allowed his truck
boy to drive the truck. The truck boy
then ran over a pedestrian. SC said there
was conspiracy in their case.
Principal by Inducement
- Principals who directly force or induce others to
commit the crime.
o Force
 Irresistible force
 Uncontrollable Fear
o Induce
 Price, reward or promise
 Words of Command
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- In crimes committed with principals by
inducement, it is understood that there are 2 or
more accused.
- In crimes with principal by inducement by way
of force, the one being forced is not criminally
liable. The material executor is not liable for he is
exempt from liability.
Principal by Inducement by Price, Reward or Promise
1. Price, reward or promise must be given before the
commission of the crime.
2. The Price, Reward or Promise must be the primary
consideration why the crime was committed.
a. If the person committing the crime has his
own personal reason to commit the crime,
then the person who is giving the reward
cannot be liable as principal by inducement.
i. Ex. Tom offered Jerry to kill
Superman for 50k but Jerry already
has a grudge against Superman for
stealing his cow. Tom is not liable
as a principal by induction.
b. A person who induced another is only liable
as principal by induction if the person who
he induced will commit the crime.
c. The crime committed must be in accordance
with their agreement.
d. A principal by inducement presupposes that
there is a principal by direct participation.
i. Ex. A person promised the accused
a reward if he kills his mother in
law. When the accused was at the
verge to commit the crime, he did
not have it in him to kill a woman.
So instead of killing the mother in
law he just snatched the bag. He
then got caught. The person
promising the accused is not liable
as a principal by inducement for the
crime induced was not the one
produced.
Art. 17. Principals. — The following are considered
principals:
2. Those who directly force or induce others
to commit it; 
 powerful as to amount to physical
- The liability between the principal by induction and
principal by direct participation is collective
o There is conspiracy between them
o The liability of the conspirators is collective
(the same)
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- Another way of becoming a principal by inducement
is or another means of inducing another to commit a
crime aside from getting a prize, reward, or promise
is by words of command, advice, influence or
agreement for consideration
EX:
 Your father tells you ―stab him‖. Are you
paid, commanded or promised?
o Words of command
 When you are leader of a gang and you have
minions and you tell or command them to
kill someone.
- If you do what that person tells you then he has moral
ascendancy over you since you agreed to what he has
commanded
o He must have a certain influence over you
o He could be your father, your employer, he
could be the leader of your gang
- Requisites:
1. The one uttering the words of command must
have the intention of procuring the commission
of the crime;
2. That the one who made the command must have
an ascendancy or influence over the person who
acted;
EX:
 One who made the command was your boss
and you are the driver. You might be
dismissed if you do not follow his orders.
3. That the words used must be so direct, so
efficacious, so powerful as to amount to physical
or moral coercion;
4. The words of command must be uttered prior to
the commission of the crime; and
5. The material executor (one who committed the
crime) of the crime has no personal reason to
commit the crime
o If he has his own reason to commit the crime,
a person giving the advice or order cannot be
held liable
EX:
 Your father told you to shot a gun at
someone. Does your father have moral
ascendancy over you?
o Yes. He might not support you
anymore if you won‘t follow his
order.
o Is it direct, so efficacious, so
or moral coercion? Is it uttered
prior to the commission of the
crime?
 S, the son stabbed Y. When S was about to
deliver a thrust, his father happened to pass
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
by. His father kept on cheering for him so he
kept on stabbing. F, father of S as well as S
was charged with murder. S as principal by
direct participation because he was the one
who stabbed the victim and F was the one
who shouted at S while S was still in the act
of stabbing Y. Are both of them liable?
o There is no question as to S.
o How about F? Look at the elements.
(***Memorize the elements)
 In a subdivision, a group of females were
talking about their husbands. One kept
complaining about his husband that he
would often come home late since he came
from the bar. So her neighbor advised her to
put poison. The wife also did what her
neighbor advised her to do when her
husband came home. The wife was charged
with parricide while the neighbor was
charged with murder as principal by
inducement. Is the neighbor liable? (US vs
Indanan)
o No
o A thoughtless expression without
intention to produce the result is not
an inducement to commit a crime
o An imprudent advice does not
constitute an inducement
3. Those who cooperate in the commission
of the offense by another act without which it
would not have been accomplished.
- principal by indispensable cooperation
- he is a principal who perform an act other than being
present at the crime scene, other than being a
principal by direct participation, he could be present
at the crime scene
- he performed an act other than that performed by a
principal by direct participation or other than
inducing another to commit a crime, he committed an
act without which the crime would not have been
committed
EX:
 A municipal treasurer conspired with his co-
accused to present false receipt as basis for
reimbursement. F presented false receipt,
falsified receipt to claim for reimbursement
in conspiracy with M, a cashier or treasurer.
o M can be considered principal by
indispensable cooperation without
his cooperation the crime of
malversation could not have been
committed
 The two accused conspired with each other
in raping the victim. H and Y, conspired with
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“Together we leap, together we will succeed.”
each other in raping W. When it was H who
was having sex with W, Y was the one
holding the hands and feet of W. When it
was the turn of Y to have sex with W, it was
H who held the hands and feet of W. (PP vs
Fernandez, 183 SCRA 511)
o According to the SC, two of them
are liable for two counts of rape.
When it was H who was
committing sexual intercourse with
W while Y was holding the hands, Y
was considered principal by
indispensable cooperation and H
was considered as principal by
direct participation. And vice-versa.
- Indispensable meaning the crime could not have been
committed without the act of the accused
EX:
 While the accused was stabbing the victim
the co-accused held the victim and killed the
victim.
o The SC said that the one who
stabbed the victim was principal by
direct participation while the one
who helped the victim was
considered as principal by
indispensable cooperation.
- TN of those 3 kinds of principals
Art. 18. Accomplices. — Accomplices are
those persons who, not being included in Art. 17,
cooperate in the execution of the offense by
previous or simultaneous acts.
- Accomplice is an accused who cooperated in the
commission of the crime without directly taking part
in the commission of the crime, without being the
principal by direct participation, without being the
principal by induction, or without performing an act
which is indispensable in the commission of the crime
- An accomplice may have performed an act but his act
is not indispensable but merely necessary
- It must be that he is not a principal because if he is a
principal then he cannot be an accomplice, he be
considered a principal already
- It cannot be that you be a principal and at the same
time an accomplice. You should only have one role.
Once a principal, you cannot be an accomplice. Once
an accomplice, you cannot be a principal. It cannot be
that you have 2 penalties.
- Accomplice is a person who operate in the execution
of the offense by previous or simultaneous act but he
is not a principal, either principal by direct
participation, principal by inducement, or principal
by indispensable cooperation
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- He is not in conspiracy with the other accused or the
principal
o Because if he is in conspiracy with the
principal then he be considered a principal
already not an accomplice
- 2 ways of becoming an accomplice:
1. by committing an act prior to the commission of
the crime, or
EX:
 X wanted to kill Y. X had a friend who had a
motorcycle so he went to M and borrowed
his motorcycle. M asked him what it was for
and he answered that he was planning to kill
Y. So X was able to kill Y with the use of the
motorcycle of M. What is the liability of M?
o He is an accomplice.
o Is there conspiracy between them?
Does M have a planning on killing
Y? No, there is no conspiracy.
o His liability is only that of an
accomplice. He performed an act; he
cooperated in the commission of the
crime by previous act. Had M
refused to lend his motorcycle, X
could have borrowed or hired
another motorcycle in order to fulfill
or commit the crime.
 X wanted to kill Y. X borrowed a gun from M
and told him about his plan on killing Y. X
was able to kill Y but the police caught him.
He then told the police that he borrowed the
gun from M. The police asked if M knew
about the plan and he answered that he did
know his plan. What is the liability of M?
o M is an accomplice.
o Why could he not be considered a
principal by indispensable
cooperation? TN that X was
determined to kill Y. Without the
gun, X can find another way like
stabbing him or look for another
gun. In other words, the act of M in
lending his firearm is merely
necessary but not indispensable.
Even if M declined or refused to
lend his firearm, just the same X
could have committed the crime.
o The liability of M is that of an
accomplice because there was no
conspiracy between them. He
merely concurred in the criminal
plan of X.
o The act of letting X borrow the
motorcycle or the gun, it meant that
he agreed to the plan or concurred
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
in the evil desire of X. So he had
liability.
 X borrowed a firearm from M. He is now in
the place of Y and saw him sleeping under
the mango tree. X then thought of just
stabbing him so that the gunshots would not
be heard by the neighbors and Y cannot also
put up a fight since he was sleeping. So X
stabbed him. Someone saw X killing Y. What
is the liability of M as to killing of Y?
o M is not anymore liable as an
accomplice.
o Aside from the rule that there is no
conspiracy; the act of the accomplice
must have cooperated or relation
with the commission of the crime. In
the problem given, the act of M in
lending his firearm did not anymore
contribute to the killing of Y. He is
not anymore liable.
2. by an act at the time of the commission of the
crime
EX:
 X boxed Y. M and X were members of Crips.
M upon seeing X boxing Y also joined in. M
was bringing a knife and stabbed Y. After
stabbing, even if X saw M stabbing Y, X still
continued boxing Y. Y then died thereafter.
When autopsy examination was conducted,
it was found out that the death of Y was due
to the stabbing, not due to the boxing. What
is the liability of the two? What are their
liabilities?
o M is liable as principal because his
act was the cause of the death of Y.
Principal by direct participation.
o X could just be held liable as an
accomplice because when he
continued boxing Y despite the fact
that he already knew that M
stabbed Y, X in a way concurred in
the criminal design of M.
Art. 18. Accomplices- are the persons not being included in
Article 17, cooperate in the execution of the offense by previous
or simultaneous acts.
Summary of liabilities:
1. Separate- if the act of the accused is not found to be in
concurrence with the act of the principal.
2. Quasi- collective- if there is no conspiracy
3. Collective- if there is conspiracy (includes implied
conspiracy).
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
LIABILITY IS SEPARATE.
- Example: The players ended up in a clash after a
basketball game. X threw punches on Y. Upon seeing
it, F, the teammate of X stabbed Y. X was taken aback
after the stabbing, he was shocked and motionless
and so they brought him to the hospital but he was
dead on arrival. What is the liability of X?
Ans. His liability is separate. It is merely that of
physical injuries. Because he did not anymore box Mr.
Y when F stabbed him. It cannot be said anymore that
he concurred in the criminal design of F.
LIABILITY IS QUASI- COLLECTIVE
- In the earlier example where X continued boxing Y
even after F stabbed Y, their liability is quasi- collective.
Here X was considered an accomplice of F.
LIABILITY IS THAT OF A PRINCIPAL
- If X and F after the basketball game agreed and
decided to kill Y then there is already conspiracy, they
are both principals.
- Case of implied conspiracy: Where while X was boxing
Y, F approached and stabbed Y. Upon seeing it, X got
a rock and hit Y and so the latter died. Here they are
both considered principals by direct participation.
There is in this case an implied conspiracy.
RULE: To be liable only as an accomplice there must be no
conspiracy with the principal by direct participation
- But it is necessary that the accomplice must have
knowledge of the criminal design of the principal.
Because if he is not aware of the criminal design, he is
not liable.
- Example: Mr. X borrowed M‘s motorcycle in the
pretence that he‘ll use it to get his daughter who
works in a call center. When actually he‘ll use it to kill
someone. Is Mr. M liable? NO. Because he had no
knowledge of the criminal act of the accused.
Also note that:
- There must be a relation between the criminal act of
the principal and the act of the one charged as
accomplice. People vs tamayo 44 phil 38
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- Being present and giving moral support when a crime
is being committed will make a person responsible as
an accomplice in the crime committed. This may be
through support, advice, encouragement or
agreement. Through external acts.
Article 19. Accessories. - Accessories are those who, having
knowledge of the commission of the crime, and without having
participated therein, either as principals or accomplices, take
part subsequent to its commission in any of the following
manners:
1. By profiting themselves or assisting the offender to profit
by the effects of the crime.
2. By concealing or destroying the body of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
3. By harboring, concealing, or assisting in the escape of the
principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of
the crime is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.
 Accessory before the fact- Accomplice
 Accessory after the fact- Accessory proper
- Q: What do you mean by accessory?
Ans. Accessory- one with knowledge of the
commission of the crime but has not participated in
the commission thereof, either as a principal or an
accomplice. He performed acts AFTER the
commission the crime.
SPECIFIC ACTS OF ACCESSORIES:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime.
- Example: Mr. P snatched the cellphone of the victim.
He then asked his friend M to sell it for a 20%
commission. What is now the liability of M?
Ans. He is an accessory because he obtained profit
which was the commission and also he assisted the
principal in selling the cellphone. So he is an
―accessory to the crime of theft‖ or he is ―liable for the
crime of theft as an accessory‖ (emphasis on the
nomenclature of the liability).
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- What is the liability of the buyer? He is also an
accessory. Because by buying he also assisted the
principal to profit by the effects of the crime. But TN
that he must have knowledge regarding the theft
because if he had no knowledge, he cannot be liable
as an accessory for theft.
- You might ask how could he know the cellphone was
stolen? Ans. By asking the vendor or by the price itself.
The buyer must be wary and watchful because note
that a buyer can also be held liable as PRINCIPAL for
a violation of a special law: PD 1612 or the ANTI
FENCING LAW.
Fencing- is the act of any person who, with intent to
gain for himself or for another, shall buy, receive,
possess, keep, acquire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he
knows, OR SHOULD BE KNOWN TO HIM, to have
been derived from the proceeds of the crime of robbery
or theft.
- So PD 1612 is applicable only to stolen or robbed
items. It is not applicable to other crimes.
Fence includes any person, firm, association
corporation or partnership or other organization
who/which commits the act of fencing.
- So a corporation can be considered an accused
here but as we already learned earlier only the
officers can be held criminally liable.
- The penalty is prision mayor, if the value of the
property involved is more than 12,000 pesos but
not exceeding 22,000 pesos. Note that the penalty
is almost the same with that in the crime of theft.
Section 5. Presumption of Fencing. Mere possession of
any good, article, item, object, or anything of value
which has been the subject of robbery or thievery
shall be prima facie evidence of fencing.
- What do you mean by prima facie evidence of fencing?
Meaning you are presumed to have stolen the
property if found to be in possession of it. It is
incumbent upon you to present evidence that
you acquired it in good faith.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- How about those engaged in buy and sell? They are
required to obtain clearance from the PNP.
THEREFORE, A PERSON WHO WOULD BUY PROCEEDS
OF THEFT OR ROBBERY COULD BE HELD LIABLE AS:
1. An ACCESSORY to the crime of theft or robbery
as the case may be; AND
2. A PRINCIPAL under the Anti Fencing Law.
There is no double jeopardy. Because when an act
is punishable under the RPC and at the same
time punishable under a special law, there is no
double jeopardy because there are two different
laws penalizing such act.
- But if they initially agreed that one will snatch and
the other will later on sell the property, then they are
both liable as principals to the crime of theft.
Therefore there must be no conspiracy between the
supposed -accessory and the principal.
2. By concealing or destroying the body of the crime, or
the effects or instruments thereof, in order to prevent
its discovery.
- Q: What would be these acts to conceal the crime?
Ans. By hiding the instrument used in the commission
of the crime. For example: You hid the knife used in
the commission of the crime or you wiped the blood
in it. This is now concealing because you are
tampering the evidence that will establish the crime.
- ―Body of the crime‖- the proof of the commission of the
crime. This is not the body of the dead person.
- Example: You visited your neighbour and caught him
in the act of concealing the body of the victim who he
just killed earlier. He asked you to help him drag the
body to bury it. What is your liability? Ans. You are an
accessory because you performed an act to destroy
the proof of the commission of the crime, or the
effects or instruments thereof, in order to prevent its
discovery.
- Example: Your classmate invites and treats you to
Jollibee (sky is the limit!). While you were eating you
asked your friend why he has a lot of money. Your
friend, who happened to be the cashier in the
municipal office told you that a lot had paid taxes in
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

the office earlier. What is the crime committed by your natural for a relative to help the principal of the crime
friend? Ans. Malversation. prompted by love and affection.

What is your liability? Ans. Accessory to the crime of However you could be held liable for PD 1829 since it is a
Malversation. That‘s why if somebody treats you out, special law and the said law doesn‘t provide exemptions.
do not ask where he got his money because your
June 15, 2016
knowledge will make you an accessory.
Part 7
Notes:
ANTI-FENCING LAW (PD 1612)
In paragraph 3, there are 2 accessories, those who are public
There is no Fencing if there is no Theft or Robbery committed.
officers or govt. employees and accessories who are civilians.
Question: Is it necessary that the robber/thief should also be
What are these acts? By harboring, concealing or assisting the charged with Theft or Robbery?
escape of the principal with abuse of your public function. If
the accessory is a public officer, then he is liable for any crime Case in Point:
committed by the principal when he/she abused his
function/office to help escape the principal.  Capili vs CA, GR No. 139250, August 15, 2000
 Tan vs. People, GR 134298, August 26, 1999
Now, whereas if the person performing the acts under par. 3 is
a civilian, in order to be held liable as an accessory, the crime
committed by the principal should ONLY BE: Murder, ART. 21: PENALTIES THAT MAY BE IMPOSED
parricide, attempt on the life of the Chief executive, treason or
What do you mean by Penalty?
the principal is a habitual delinquent. These are the only
instances wherein a civilian could be held liable as an – Suffering inflicted by the State for the transgression of
accessory for doing acts enumerated in par. 3. the law.

So for example a civilian who knows that the principal has What are the conditions of Penalty?
committed malversation would hide him in his house, is he
– Penalty must be productive of suffering without
liable as an accessory? No, since the crime committed by the however affecting the integrity of human being.
principal is not those enumerated in paragraph 3. However – It must be commensurate with the offense
you will instead be liable as a principal for obstruction of committed – different crimes must be punished
justice under PD 1829. with different penalties.
– It must be personal – no one should be punished
Article 20. Accessories who are exempt from liability for the crime of another.
– It must be legal – it is a consequence of a judgment
Those who are: in accordance with law.
– It must be certain – no one may escape its effects.
1. Spouses – It must be equal for all.
2. Ascendants – It must be correctional.
3. Descendants Three (3) purposes of Penalty:
4. Relatives by affinity with same degree
5. Legitimate, natural, and adopted brothers and sisters 1. Retribution or Expiation
-with the single exception of accessories falling within the 2. Correction or Reformation
provisions of paragraph 1 of article 19 3. Social Defense

They are exempt from criminal liability if they would conceal ―There is no crime if there is no law punishing it.‖
the effects of the crime, or harbor the criminal, however not
ART. 23: EFFECT OF PARDON BY THE OFFENDED PARTY
exempt if they profit from said crime under paragraph 1. Why
is this? Because if they commit acts under par.1 of article 19,
What is the effect if the private offended party forgives or
they are fueled with greed. Unlike in par. 2 and 3, it is but
pardons the accused? Would the crime he committed be
considered extinguished?
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
In a criminal case, a private offended party is considered a
mere witness in the commission of the crime because the real
offended party is the State, the government. That is why in a
criminal case, the complainant is the People of the
Philippines. Therefore, if ever the private offended party
would forgive the accused, the crime would not be completely
extinguished. What is extinguished is just the civil liability.
Whenever a crime is committed, there could be two (2)
victims – the State and the private offended party. Now, the
pardon extended by the private offended party, as a rule,
would not extinguish the criminal action.
Exception: Those crimes which are considered as ―private
crimes‖.
Examples: Abduction, Acts of Lasciviousness, Seduction,
Adultery, Concubinage, and other ―Erection-related‖ offenses
(Judge D)
Real Talk!!!
In reality, pardon by the offended party would actually result
in the dismissal of the case. Why?
Because, how can a case prosper when there is no more
witness presented in court? The case has nowhere to go. The
court has nothing to do with the case except to dismiss it.
However, dismissal is not on the ground that the case is
extinguished BUT because the right of the accused to speedy
trial would be violated.
ART. 24: MEASURES OF PREVENTION WHICH ARE
NOT CONSIDERED AS PENALTIES
The following shall not be considered as Penalties:
1. The arrest and temporary detention of the accused,
as well as their detention of accused, as well as
their detention by reason of insanity or imbecility
or illness.
Preventive Detention
– Detention of the accused while his case is
still pending
– That is not considered yet as a Penalty
2. Commitment of minor to any of the institutions
mentioned in Art. 80
3. Suspension from the employment or public office
during the trial or in order to institute proceedings
Preventive Suspension
– Once a case is filed against you (especially
public officers) and the case is service-
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related, you will be subjected to
preventive suspension so that you cannot
tamper with the evidence or harass the
witness
4. Fines and other corrective measures which, the
exercise of their administrative or disciplinary
powers, superior officials may impose upon their
subordinate
5. Deprivation of rights and the reparations which the
civil law may impose in penal form
– Such as deprivation of parental authority
of parents found guilty of corruption of
minors
ART. 25: PENALTIES WHICH MAY BE IMPOSED
Article 25 classifies penalties into principal and accessory
Principal or Main Penalty/ies
Those expressly imposed by the court in its judgment of
conviction. That presupposes that the court finds the accused
guilty because how can the court impose the penalty when
the decision is for acquittal.
Now, principal penalties are further classified into capital
punishment, afflictive penalties, correctional penalties, light
penalties.
1. Capital punishment refers to Death.
2. Afflictive penalties refer to Reclusion Perpetua,
Reclusion Temporal, Perpetual or Temporary Absolute
Disqualification, Perpetual or Temporary Special
Disqualification and Prision Mayor.
Disqualification
– This is the penalty than can be imposed
upon a public officer who committed a
crime.
– A public employee who committed a
crime may be dismissed from office or
may be disqualified to be a government
employee or to hold public office for life
(Perpetual Absolute Disqualification) or may
be disqualified only during the term of
the penalty (Temporary Absolute/Special
Disqualification).
– See Articles 226, 227 and 228
3. Correctional penalties refer to Prision Correctional,
Arresto Mayor, Suspension and Destierro
4. Light penalties refer to Arresto Menor and Public
Censure.
5. There are penalties common to the three preceding
classes. These are fine and bond to keep the peace.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
In reality, there is no crime penalized with bond to keep
the peace. Although in Article 282, 283 and 284, there was
a crime penalized with ―bond for good behavior‖. But
according to Boado, these two are different. Failure to
post ―bond for good behavior‖ will make the accused
suffer Destierro but failure to post ―bond to keep the
peace‖ will make the accused suffer Detention.
Accessory Penalty/ies
Those that are deemed included in the imposition of the
principal penalty/ies. This are those that are necessarily
included if ever the court imposes a principal penalty. (Ikog)
This refers to Perpetual or Temporary Absolute
Disqualification, Perpetual or Temporary Special
Disqualification, Suspension from Public Office, the right to
vote and be voted for, Suspension from the Exercise of
Profession or Calling, Civil Interdiction, Indemnification,
Forfeiture or Confiscation of Instruments and Proceeds of the
Offense and Payment of Cost.
Now, you may notice that Disqualification and Suspension are
also considered as principal penalties. At the same time, there
are instances that they are used as accessory penalties. IOW,
there are provisions of the RPC which uses them as principal
penalty and also, accessory penalties.
Civil Interdiction
A person who is suffering from civil interdiction cannot
exercise his rights. He is civilly dead. An example is a person
found guilty of a crime penalized by Reclusion Perpetua.
The court cannot impose a penalty which is not provided or
different from that provided by law. Example is the imposition
of hard labor in addition to penalty imposed by law.
Art 26. FINE
- A fine will be imposed as a single or alternative
penalty shall be considered as:
 Afflictive – if it exceeds 6,000
 Correccional – if it does not exceed 6,000
 Light – if it is not less than 200 (200 or less)
- If the law provides a penalty of ―fine or
imprisonment‖, the Court has choice to impose either
fine or imprisonment. But if the law uses ―fine and
imprisonment‖, it has to impose both.
Art 27. DURATION OF PENALTIES (MEMORIZE)
- Reclusion Perpetua – 20 yrs and 1 day to 40 yrs
- Reclusion Temporal– 12 yrs and 1 day to 20 yrs
- Prision Mayor and Temporary Disqualification – 6 yrs
and 1 day to 12 yrs
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- PrisionCorreccional, Suspension and Destierro– 6
mons and 1 day to 6 yrs
- Arresto Mayor – 1 mon and 1 day to 6 mons
- ArrestoMenor – 1 day to 30 days
Reclusion Perpetua
- It has a period. (Different from Life Imprisonment
which does not have a period)
- Has accessory penalty (unlike life imprisonment)
- Remains to be indivisible
 Ppvs Lucas, Jan 9, 1995 – amendment to
duration did not mean that it has reclassified
as a divisible penalty
Art. 28. Computation of Penalties
- if offender is imprisoned
 then the computation shall start from the
day the decision becomes final
- If offender is not imprisoned
 then the computation shall start from the
day that the offender is placed under the
custody of the judicial authorities
- Before conviction, if accused is imprisoned
 He is called detention prisoner
 the imprisonment is not a penalty but a
preventive detention
Art. 29. PREVENTIVE DETENTION/IMPRISONMENT
- The preventive imprisonment of the accused shall be
deducted from the penalty imposed
 So while he is imprisoned, if he has not yet
convicted, that will be deducted from his
sentence imposed by the Court. Meaning, if
accused will be convicted, it shall only be
deducted.
- Shall be credited in their service of sentence which
must consist of deprivation of liberty like
imprisonment.
- Fine
 Does not consist deprivation of liberty
- Destierro
 Deprivation of liberty
 Preventive detention shall be deducted from
sentence
When is there preventive imprisonment?
1) When he is charged with Capital offense because he
cannot post bail.
2) Although charged with bailable offense but he does
not have enough money, then he will be put up in jail.
How much will be deducted?
- 100% if prisoner agrees in writing to follow the rules
imposed on convicted prisoners in the facility where
he is detained.
- But he did not sign an undertaking that he will follow
the same rules, then he shall be entitled 4/5 of his
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

preventive suspension which shall be deducted from  Example: The pardon granted to
his sentence former president Joseph Estrada.
 After the judgment, he appealed
What about if the accused had undergone a period the decision to the SC. After
equivalent to that of the maximum penalty imposable? filing appeal, former president
- He will be subjected to his release although his case Arroyo told Estrada that she is
shall continue to be tried or without prejudice to the willing to grant him pardon. He
trial of his case. accepted the offer of pardon.
- If for instance it is not equivalent to the maximum But considering that pardon
but only to the minimum? cannot be extended unless the
 He cannot be released but his bail bond will judgment of the case had
be reduced become final and executory,
- Destierro before Arroyo gave him pardon,
 He shall be released after 30days of Estrada withdrew his appeal.
preventive imprisonment The effect was that, the decision
became final and executory.
Art. 330. PERPETUAL/TEMPORARY ABSOLUTE Then Arroyo granted him
DISQUALIFICATION pardon.
- Temporary, meaning during the duration of your  The grant of Arroyo of pardon
penalty became a controversy. Why?
- Effects:  Because Estrada
1) Deprivation of the public officer and promised before he was
employees which offender may have held given pardon that he will
even if conferred by popular election not run to any public
2) Deprivation of right to vote or to be elected office.
 Detention prisoners may vote  But Estrada filed a
because they are not yet convicted candidacy as Mayor of
3) Disqualification for offices/public Manila. A case was filed
employment against him.
4) Loss of all rights to retirement pay or other  TN: Pardon will not restore the rights to
pension for any office formerly held hold public office unless the same is
 All benefits shall be forfeited in expressly stated in the pardon.
favour of the government  The accessory penalties is not restored
 Except service leave credit unless it is expressly stated in the pardon
 In the pardon papers particularly in the
Art. 34. CIVIL INTERDICTION dispositive portion of the paper, it was
- Shall deprive offender: written there that he (Estrada) is hereby
1) Parental authority restored to all his civil and political
2) Guardianship rights. So SC allowed Estrada to run.
3) Marital authority (CASE IN POINT: Risos-Vidal v
4) Manage his property and dispose such COMELEC, GR No. 206666, Jan 21, 2015
- Pardon:
Art. 36  Pardoning power shall not be extended in
- Pardon by the President case of impeachment
1) Shall not restore the right to hold public  Can only be exercised after the conviction by
office or the right of suffrage final judgment. And such power cannot be
 Except: when any or both such extended to cases of impeachment.
rights is or are expressly restored  It will only extinguish the penalty
by the terms of the pardon  EXAMPLE: Accused was given pardon and
 Pardon the pardon did not expressly state that his
 One of the executive civil and political rights are restored.
powers of the president Problem iss, when he was given pardon, he
 Only the president can already served out his sentence. SC said that
grant pardon although it is not expressly stated in the
 Accused must have been convicted pardon that his rights are restored and
by final judgment considering that he already served his
 No pardon if case is still pending sentence, then it is presumed that he is

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
restored to his civil and political rights.
(CASE IN POINT: Pelobellovs Palatino, 72
Phil 441
 Pardon – Granted by the president extinguishes the
criminal liability of the accused.
o Extinguish the penalty imposed by the court.
Article 37 – Costs shall include fees and indemnities in the
course of the judicial proceedings, whether they be fixed or
unalterable amounts previously determined by law or
regulations in force, or amounts not subject to schedule.
- Not attorney‘s fees or litigation expenses.
- Pecuniary liabilities
- Accused may be ordered by the court to pay
pecuniary damages. Momentary liabilities of the
accused such as payment of fine, damages and civil
liabilities.
- Suppose the accused does not have enough money or
property. Article 38 provides for the order of
payment.
Article 39 – Pecuniary liabilities – Order of Payment – in case
the property of the offender should not be sufficient for the
payment of all pecuniary liabilities, the same shall be met in
the following order:
1. The reparation of the damage caused.
2. Indemnification of the consequential damages.
3. The fine.
4. The cost of the proceedings.
Article 39 – Subsidiary Penalty
- If the convict has no property with which to meet the
fine imposed in the sentence, he shall be subject to
subsidiary imprisonment or subsidiary personal
liability
- Article 39 was amended by RA 10159
o 1 day = highest minimum wage prevailing at
the time of the promulgation in any place of
the Philippines
o Highest minimum wage = metro manila
- A person may be imprisoned if the convicted person
is unable to pay what the court ordered on certain
circumstances.
Ex. Supposing a person is fined with P10,000. Let‘s say 400 (as
minimum wage) divide the P10,000 by 400.
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Par. 1. If the principal penalty imposed be prision correccional
or arresto and fine, he shall remain under confinement until his
fine referred to in the preceding paragraph is satisfied, but his
subsidiary imprisonment shall not exceed one-third of the term
of the sentence, and in no case shall it continue for more than
one year, and no fraction or part of a day shall be counted
against the prisoner.
Par. 2. When the principal penalty imposed be only a fine, the
subsidiary imprisonment shall not exceed six months, if the
culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony.
- 6 months is the longest
Ex. Supposing the person is fined P1M. P1M is divided by
400(as the minimum wage). That is 2,500 days. That is 6 years
and 8 months. Under paragraph 2 only 6 months will be
served, the rest is bonus.
The fine may be imposed together with imprisonment if the
law says ―and‖.
Par. 3. When the principal imposed is higher than prision
correccional, no subsidiary imprisonment shall be imposed
upon the culprit.
- If the penalty imposed is prision correccional and
fine, he shall not suffer any subsidiary imprisonment
for non-payment of the fine.
Par. 4. If the principal penalty imposed is not to be executed by
confinement in a penal institution, but such penalty is of fixed
duration, the convict, during the period of time established in
the preceding rules, shall continue to suffer the same
deprivations as those of which the principal penalty consists.
- For destierro, non-payment of fine will not require the
accused to be imprisoned but merely extend the term
of his period for destierro.
- If the penalty is suspension, then the period of
suspension will be extended.
Par. 5. The subsidiary personal liability which the convict
may have suffered by reason of his insolvency shall not relieve
him, from the fine in case his financial circumstances should
improve.
- When a person‘s financial circumstance improved
and he has already served subsidiary imprisonment,
he will still be compelled to pay the fine even if he
served subsidiary imprisonment.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Cannot choose subsidiary imprisonment when he is
able to pay the fine.
- Subsidiary imprisonment shall only be imposed in
cases of insolvency.
- If he does not pay, a sheriff will be sent to get the
properties.
The penalty of fine cannot be deducted by preventive
imprisonment. Payment of fine does not involve deprivation of
liberty. Preventive imprisonment is only deducted if there is
deprivation of liberty.
Suppose the accused, failed to pay the civil liability imposed
on him such as moral damages. He cannot be subjected to
subsidiary imprisonment. It is only imposed on non-payment
of fine.
In the decision the court must state, ―wherefore the court finds
the accused guilty *insert crime* and hereby imposes the fine
of *insert amount* with subsidiary imprisonment in case of
insolvency.‖ If there is no phrase ―with subsidiary
imprisonment‖ the court cannot impose subsidiary
imprisonment. Without the phrase the accused cannot undergo
subsidiary imprisonment. It must be expressly stated.
Article 40-44. Accessory penalties
- Accessory penalties presuppose that there is a
principal penalty.
1. Death – when there is commutation or pardon
a. Perpetual absolute disqualification
b. Civil interdiction for 30 years, if not
expressly remitted in the pardon
2. Reclusion
a. Civil interdiction for life or during the
sentence
b. Perpetual absolute disqualification,
unless expressly remitted in the pardon
3. Prision Mayor
a. Temporary absolute disqualification
b. Perpetual special disqualification from
suffrage, unless expressly remitted in
the pardon
4. Prision Correccional
a. Suspension from public office or calling
b. Perpetual special disqualification from
suffrage, if the duration of
imprisonment exceeds 18 months,
unless expressly remitted in the pardon
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5. Arresto
a. Suspension of the right to hold office
and the right of suffrage during the term
of the sentence
For perpetual absolute disqualification, if working in the
government, then he will be removed. If not yet, then he
cannot work in the government.
Destierro has no accessory penalty.
Article 45. Confiscation and forfeiture of the proceeds or
instruments of the crime. — Every penalty imposed for the
commission of a felony shall carry with it the forfeiture of the
proceeds of the crime and the instruments or tools with which
it was committed.
- In the crime of murder using a firearm, the firearm
used in committing the crime will be forfeited in
favour of the government.
- It includes the proceeds of the crime. Such as in the
case of malversaion, the proceeds to buy cars, and
mansions will be forfeited to the government.
- Motorcycle used by the accused to commit the crime.
Exc. When the instrument or tools used are owned by a third
person not included in the crime.
Exc. to the Exc. If the tools owned by third persons, but not
subject to lawful commerce will be forfeited in favour of the
government.
- Unlicensed fire arm
The forfeiture/confiscation should be expressly stated in the
decision.
- Contrary to the nature of an accessory penalty.
- Forfeiture is an accessory penalty.
- People vs. Paet 100 Phil 357
Article 46. Penalty to be imposed upon principals in
general. — The penalty prescribed by law for the commission
of a felony shall be imposed upon the principals in the
commission of such felony.
- Consummated crimes on principals
- Homicide = Reclusion Temporal
- Different for accomplice and accessory
- Different for attempted and frustrated
- In imposing the penalty there are factors to be
considered:
o Stage of the crime
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Participation
o same cannot be applied to indivisible
Presence of mitigating and aggravating
o penalty
circumstances o Relate to RA 9344
 Those minors who are over 15 but
- It would be an injustice to impose Reclusion
below 18, they could only be held
Temporal on an accessory
liable if they acted with discernment
 When we say convict, that means that
Article 47 is obsolete unless there is a re-imposition of the the party acted with discernment
death penalty. 2. When the convict is more than 70 years of age
3. When on appeal or automatic review of the case
June 17, 2016 by the Supreme court, the required majority is
Part 8 not obtained for the imposition of the death
penalty
Art. 47. In what cases the death penalty shall not be imposed; o Under the Constitution, death penalty
Automatic review of death penalty. — The death penalty cannot be imposed without being reviewed
shall be imposed in all cases in which it must be imposed by the SC
under existing laws, except when the guilty person is below o Before there was this so called ―automatic
(18) years of age at the time of the commission of the crime or review‖. Automatic meaning even if the
is more than seventy years of age or when upon appeal or convict does not file an appeal the record of
the case shall automatically be forwarded to
automatic review of the case by the Supreme court, the
the SC for review.
required majority is not obtained for the imposition of the
 From the RTC, it jumps to the SC =
death penalty, in which cases the death penalty shall be automatic. Even if no appeal filed,
reclusion perpetua. accused does not question the
decision.
In all cases where the death penalty is imposed by o Under the existing procedure, if death
the trial court, the records shall be forwarded to the Supreme penalty is imposed the case will not anymore
Court for automatic review and judgment by the court en be directly reviewed by the SC but the same
banc, within twenty (20) days but not earlier than fifteen (15) shall be reviewed by the CA. This is the so-
days after promulgation of the judgment or notice of denial called ―intermediate review‖.
of any motion for new trial or reconsideration. The transcript  Why?
1. So that the cases would not be
shall also be forwarded within ten (10) days after the filing
congested with the SC.
thereof by the stenographic reporter. (As amended by R.A.
 Once the CA finds the accused not
No. 7659) guilty or acquits the accused, then
would not be a case anymore that
- There is no more death penalty but we do not know will reach the SC.
when you take the bar whether death penalty will be  If the CA affirms the appeal then
restored because the coming administration is that is the time that the case will
intending to revive death penalty reach the SC.
- Just in case in your time death penalty would be 2. If it would be reasonable to kill
restored
the accused.
- It tells us the instances where death penalty cannot be
imposed
 There will now be a double review
1. It cannot be imposed when the accused/convict
of facts.
is below eighteen at the time of the commission
 As a rule, the SC court does not
of the crime
review facts or factual issues. It will
o Of course it cannot be imposed because of
only review question of law.
his minority
o He us entitled to one degree lower  Death penalty is the only exception.
o If the penalty imposable is death then by It is because of the weight of the
penalty. The SC would have to
reason of his minority you have to lower the
review the evidence or facts.
degree by one degree
o But remember that minority is a privilege  (Pp vs. Mateo, GR Nos. 147678-87,
mitigating July 7, 2004)
o Privileged minority will always lower the o SC would double check,
penalty even if the penalty is indivisible. double review the evidence.
Unlike in ordinary mitigating wherein the
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 CRIMINAL LAW REVIEW (Book 1)
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o Instead of directly forwarding  There are 2 crimes here – 2

the record to the SC when the cases of homicide because
RTC imposed the penalty of there are 2 victim.
death the case shall be  It could also be possible that the intended
forwarded to the CA. victim is not hit and it is the unintended
victim who died.
- This happens when the Congress will reimpose death  There are also 2 victims here. One is
penalty. either attempted homicide or
- It‘s similar to chacha. During the time of Marcos, there attempted murder for the
was death penalty. When it was the term of late unintended victim that was hit and
Corazon Aquino, she abolished it because it is not in for the victim who died it could be
line with our being Catholics. But under our consummated murder or
Constitution, it can be reimposed. 2004, when Ramos consummated homicide. The crime
was president, he reimposed death penalty. Its main is murder with attempted murder.
purpose is to serve as deterrence. Bad guys would be  There are 2 crimes with just a single
scared. But the bad guys were not scared so during act.
the time of Arroyo, she abolished it again. Its o There is a complex crime when the 2 or more
administration said that its not death penalty that crimes are committed with just 1 single act
would deter the criminal but it‘s the execution, the  (Pp vs. Tabaco 270 SCRA 32, Ppvs
enforcement of the law. For the most recent Sanchez Aug 29, 1999): an accused
administration, they have plans of reviving or used automatic firearm. A firearm,
reinforcing it. which is capable of expelling bullets
- sIs death penalty considered unusual? by a single act of pressing or
o There was a party who brought a case to the pulling the trigger unless the
SC questioning the penalty stating that trigger is released. So when the
under the Constitution it says that one of the accused was pulling the trigger
limitations of the powers of the State to enact there 5 people who got killed. Is he
laws is the imposition of a cruel and unusual liable for a complex crime?
penalty. o SC said that when the firearm
o SC said death is not considered cruel and or weapon used has a
unusual. A punishment can only be mechanism that will enable
considered cruel when it involves torture or the firearm expel bullets by
lingering death or when it is barbaric or just a single act of pulling the
inhumane. (Ppvs Camano, 115 SCRA 688) trigger, there will be as many
crimes as there are bullets
Article 48.Penalty for complex crimes. - When a single act expelled.
constitutes two or more grave or less grave felonies, or when o So when you press the trigger
an offense is a necessary means for committing the other, the and it will result in 10 deaths,
penalty for the most serious crime shall be imposed, the same there will be 10 cases filed
against you. No complex
to be applied in its maximum period.
crime.
EX:
- It is about complex crime and the rule on the
imposition of the penalty involving a complex crime
 When the accused threw a hand
- What do you mean by a complex crime?
grenade and the single act of
o There are 2 kinds of complex crime
throwing the grenade there were
1. A complex crime is when a single act
about 5 persons died and 10
would produce two or more grave or
persons almost died. Is it a complex
less grave felonies.
crime?
o Is it possible that one act would produce 2 or
 Yes because the injuries were
more grave or less grave felonies? Yes.
produced by just a single act.
 EX:
He is liable for multiple
 Fired at somebody, the intended
murder with multiple
victim is hit but the bullet went
frustrated murder.
through or the wound is through
 If there are some who had a
and through and the person at the
few wounds: multiple
back is also hit. Both of them died.
murder with multiple

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 CRIMINAL LAW REVIEW (Book 1)
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frustrated murder and
multiple attempted murder
o For it to be a complex crime, the crimes
produced are grave or less grave. 2 or more
grave or less grave.(***Remember the grave
and less grave offenses)
 What if the crime produced is a
light offense or felony? There is NO
complex crime.
 The light felony produced
could either be treated as a
separate offense or
absorbed by the grave
offense or felony.
EX: The accused boxed his teacher
which resulted to slight physical
injuries.
o The crime committed is
direct assault.
o What about the slight
physical injury? It is
absorbed.
2. When a crime is committed in order to
commit another crime. When an offense
is a necessary means for committing the
other.
o The accused committed a crime as a
necessary means to commit another crime
EX:
 You are a cashier and in order to
spend the money for personal use,
you changed the amount appearing
in the official receipt. And
thereafter you now spent the
money. Instead of P50, 000.00
appearing in the receipt, you erased
one of the zeroes, so P5, 000.00. He
spent the P45, 000.00.
 What crime did you commit by
changing the amount or figure?
That is falsification of public
document.
 There are 2 crimes here:
falsification and malversation. In
order for the accused to commit
malversation, he committed
falsification first.
 This is the crime of malversation
through falsification of public
documents. (***no malversation
WITH falsification)
 Suppose the accused spent for his
personal use the money that he
collected. In order to hide the crime
of malversation he falsified official
receipts.
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“Together we leap, together we will succeed.”
 The opposite of the first
example. Spent the money first
and so as to hide the crime, he
falsified documents. What is
the crime he committed?
 No complex crimes because he
did not commit the crime in
order to commit another but he
commit the crime in order to
hide another crime. No
complex crime when one is
committed to hide or conceal
the other.
 He is liable for 2 crimes:
malversation and falsification
o Those are the definitions of the complex crime and
under Art 48 other than giving a definition of
complex crime, the article likewise gives rule as to the
penalty of a complex crime
o Penalty: although there are 2 or more crimes
committed the accused shall suffer only 1 penalty
o In other words, although the accused
committed 2 or more crimes the law
considers or deems it that he is only liable
for 1 crime and therefore he is entitled to 1
penalty
EX: when he shot someone he only pulled the
trigger once but there are instead 2 victims
 Although he committed 2 crimes
but since he only has 1 criminal
intent or plan or resolution or
design, the crimes he committed
shall be considered as only 1 crime
and the court shall impose upon
him only 1 penalty
 Which penalty is going to be used?
Since there were 2 crimes
committed.
o The penalty of the more
or most serious offense
and the penalty shall be
imposed in the maximum
period.
If the accused committed homicide with
attempted homicide
 There are 2 crimes: homicide and
attempted homicide.
 Which of the penalties can be
imposed upon the accused? The
penalty for homicide because that is
the more serious offense. And the
same shall be imposed in the
maximum.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 The accused shall be liable for
homicide with attempted homicide
and he shall be imposed with the
penalty of reclusion temporal in its
maximum period.
o Considering that the law itself states that the penalty
shall be imposed in the maximum, it cannot anymore
be lowered by an ordinary mitigating circumstance.
o Whenever a complex crime is committed, there is
only one crime. But what if the penalty of both of the
offenses is the same.
EX: double homicide – his act produces 2 deaths
o What will be the penalty that will
be used? Either because it is equal
and it shall be imposed in its
maximum.
- The crimes committed must be or both be punishable
by the RPC.
o If one of the crimes committed is punishable
by special law, there is no complex crime.
Article 48. Penalty for complex crimes. When a single ct
constitutes two or more grave or les grave felonies, or when an
offense is a necessary means for committing the other, the
penalty for the most serious crime shall be imposed, the same
to be applied in its maximum period. (As amended by Act No.
4000)
When should Art. 48 NOT apply:
1. Special Complex Crimes
2. Continuous Crime
3. Two- tiered penalty
ARTICLE 48 DOES NOT APPLY WHEN THE LAW
PROVIDES ONE SINGLE PENALTY FOR SPECIAL
COMPLEX CRIMES.
What do you mean by special complex crime?
Special Complex Crime refers to 2 or more crimes committed
by the accused but these two crimes committed are just
considered as components of a single indivisible offense
with one specific penalty provided by law.
COMPLEX CRIME SPECIAL COMPLEX
CRIME
The penalty depends on the The penalty is expressly
graver crime committed provided for by the RPC.
- Example: RAPE WITH HOMICIDE.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 Accused raped the victim and after raping the victim,
in order to eliminate all possible witnesses, he killed
the victim.- Here he committed rape and because he
killed the victim, he also committed either homicide
or murder. Therefore the crime here is Rape with
homicide.
 The term homicide here is used in its generic sense-
that would include murder, parricide.
 There is no such thing as:
- Rape with murder
- Rape with parricide.
 There are two crimes committed- Rape and homicide.
But the law sees them as just one crime. They are
considered as one offense, a single indivisible crime.
That‘s what we call special complex crime.
 The law likewise imposes a specific penalty. The
penalty for this at present is RECLUSION
PERPETUA.
- Example: ROBBERY WITH HOMICIDE
 Under Art 294 of the RPC, the penalty for Robbery
with homicide is RECLUSION PERPETUA.
 You see, if we follow Article 48, Homicide is the
graver offense with a penalty of just Reclusion
Temporal. Supposedly we are to impose only
Reclusion Temporal in its maximum for Robbery with
homicide. BUT NO. Because this is a special complex
crime, and Article 294 expressly provides for its
penalty- which is RECLUSION PERPETUA. We do
not apply Article 48 in Special Complex Crimes.
ARTICLE 48 DOES NOT APPLY TO CONTINUED,
CONTINUING OR CONTNUOUS CRIME (delito
continuado).
In a continuing offense, the accused does not perform a
single act but a series of acts, and one offense is not a
necessary means for committing the other. These acts are
under the law are just considered as one crime. A
Continuing Crime.
- Example: REBELLION
You were a rebel in 1969 and until now you are still a
rebel, you must have committed several acts. You
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
must have killed several people. You must have
robbed things from other people in furtherance of
rebellion. You ambushed the military, you committed
robbery and killed several people. You committed
murder, etc. You committed several acts. But these
acts you committed are just considered one crime.
One crime of REBELLION. The common crimes
committed by the rebel are absorbed.
- SC (in one case): the theft of the two game roosters
belonging to two different persons was punished
with one penalty only, the SC holding that there being
only one criminal purpose in the taking of the two
roosters, only one crime was committed.
- Example: When you commit robbery in a public
vehicle, say there are around 18 passengers,
supposedly there are 18 cases of robbery. But the
accused here is liable only of 1 count of robbery. In
US, that is what they call the Single Larceny Doctrine
Single Larceny Doctrine- The accused has only one
criminal design and because of that, the law considers
him to have just committed one crime although he
performed several acts. He can only be imposed of
one penalty.
COMPLEX CRIME CONTINUING CRIME
Graver offense in its As if he committed just
maximum. one crime. Accused is
liable only for one crime.
FILING OF THE INFORMATION.
NOTE: In Complex Crime under Art. 48, in Special Complex
Crimes or in Continuing crimes, the accused committed
several crimes but in the eyes of the law, he only committed
one crime. Considering that he only committed one crime, only
one information or one complaint shall be filed against him in
court. And all the crimes that he committed shall be alleged in
the information.
- Example: RAPE WITH HOMICIDE. There shall only
be one information, but in that information the
elements of these two crimes shall be ALLEGED. And
during the trial, the elements of these crimes shall also
be PROVED. Otherwise, he cannot be convicted of
the special complex crime of Rape with homicide. But
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only of Rape or homicide, whichever is proved
during the trial.
- Same rule applies with Complex Crimes. The rule in
continuing offense also applies in Special Laws.
CASE: Santiago vs. Garchitorena, 228 SCRA 214
Before Sen. Miriam Santiago became a senator, she was
appointed as commissioner of BID (Bureau of Immigration
and Deportation). There were 32 foreigners who
overstayed in the Philippines. In order to legalize their
stay here, she required them to pay certain amounts. She
was sued of 32 counts of violation of the Anti graft and
corrupt practices act. So there were 32 cases filed before
the Sandiganbayan. Sen. MDS denied having committed
the crime and moved for the dismissal of those cases. She
argued that granting she is liable, she could only be
charged of 1 violation of the anti graft and corrupt
practices act. SC sustained her argument and she was
charged with only one count of such violation.
*** Judge D: Read this case because here you will learn more
about continuing offense.***
ARTICLE 48 DOES NOT APPLY WHEN THE LAW
PROVIDES FOR A TWO- TIERED PENALTY.
―Two- tiered penalty‖
- The law specifically provides that the accused shall be
liable or shall suffer the penalty for each crime that he
committed.
Example: DIRECT BRIBERY
The court stenographer asked for a bribe to change a
certain part of the testimony of the witness. She
actually changed certain portions of the testimony of
the witness. She committed two crimes there- Bribery
and Falsification. There is no complex crime, he
should suffer the penalty for the two crimes.
CASE: Ivler vs. San Pedro November 17, 2010
(Judge D: This will come out in the 2017 BAR)
Q: The accused was driving recklessly at a highspeed.
While disregarding the traffic rules, he bumped
another car. His reckless act resulted to the death of
the driver of the car that he bumped. Aside from that,
the car that he bumped was totally damaged.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Fortunately, the passenger of the car that he bumped Now under this article, the penalty for the lesser offense shall
suffered only slight physical injuries. If you are the be the one imposed upon the accused because the accused
prosecutor, what crimes are you going to file against the intended to commit only 1 crime.
accused?
For example the accused intended to kill mr. X, but when he
The prosecutor in this case filed two information: actually committed the crime, it turn out that what he killed
1. Reckless imprudence The accused when was actually his father. So he is liable for parricide, however
resulting in slight arraigned, pleaded the lesser penalty of homicide shall be imposed since it is what
physical injuries guilty to this case. he really intended to commit.
Penalty is much lower
Article 51-57 (already discussed)
here (public censure)
because it was
Article 58. Accessories falling within paragraph 3 of Article 19.
committed by culpa.
Now under par.3 of art. 19, a public officer shall be held liable
2. Reckless imprudence He pleaded NOT guilty
as an accessory, with abuse of his function, he concealed and
resulting in homicide and filed a motion to harbor the principal, under this article, the principal shall
with damage to quash on the ground of
property. suffer absolute permanent/temporary disqualification as the
double jeopardy.
case therein if the principal is guilty of a less grave felony only.

However if the principal is guilty of a grave felony, the

accessory public officer shall suffer additional penalty of
They reached the SC. The prosecutor argued that,
perpetual absolute disqualification.
there should be 2 information because under Art 48, a
light felony cannot be included in a complex crime. It Article 59.Impossible crime.
should be treated as a separate offense.
What is thet penalty here? Aresto Mayor.
SC: Agreed with the accused. There should only be
one information for Reckless Imprudence resulting in It is not really a crime, but the accused is penalized because he
homicide, damage to property and slight physical is a potential criminal.
injuries. Art 48 will not apply but Art. 365 of the RPC.
Under Art. 365, the accused shall only be charged in Article 60. Exceptions to 50-57.
one information regardless of the resulting crimes, but
If there is a specific law providing for the penalty, then it
all crimes shall be alleged in the information. Since
should be followed.
Article 48 will not apply then the accused shall be
liable for the penalties of all the resulting crimes,
Article 61. Graduating penalties (the discussion can be
although there is only 1 information.
explained by reading the codal provision)
If the accused killed 5, but 5 bullets were used/fired, now he‘s
This is about the lowering/increasing of the penalties by 1 or 2
liable for 5 counts of homicide. Because in a complex crime will
degrees.
only apply if there is only a single act
Example of this under par. 1, when the penalty impossible is
Article 49.penalty imposed when there is error in personae
single and indivisible, the penalty next lower in degree shall be
This article is related to error in personae. This tells us the that immediately followed by that indivisible penalty.
penalty to be imposed upon the accused when the crime
Also refer to article 71 for the penalties.
committed is different from that intended.
What if there are 2 penalties, for example, reclusion perpetua
Now what would be the penalty imposed if the resulting crime
to death, since we don‘t have the death penalty now then
is different from what is intended?
disregard it, but what if it is revived? What is the penalty next
lower in degree? What if the offender is a minor? Then he is
entitled to 1 degree lower, now according to art. 71, the next

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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
lower in degree is reclusion temporal(from perpetua). Here
there are 2 indivisible penalties.
There are cases/crimes that the penalty imposed is only 1
divisible penalty. Example of this is homicide, so what is 1
degree lower if this? Prision Mayor.
What if there are 2 divisible penalties imposed? For example
prision mayor to reclusion temporal, what is 1 degree lower of
this? The penalty next lower would be prision correctional.
Now another example, the penalty imposed is prision
correctional in its minimum and medium periods. Now the 1
degree lower of this is aresto mayor in its medium and
maximum.
Article 62. Effects of attendance of mitigating/aggravating
circumstances and of habitual delinquency
(already discussed extensively in the previous discussions)
Presence of aggravating circumstance as a rule will increase
the penalty in its maximum period.
Crime is committed by the offender who abused his public
position, it says that the penalty shall be imposed in the
maximum regardless of mitigating circumstances.
Now the penalty shall not be increased in the aggravating is
inherent in the commission of the crime. For example in the
crime of robbery, evident premeditation is always present,
how can you commit robbery without planning? It cannot be
incidental. Now the aggravating circumstance of evident
premeditation shall not increase the penalty since it is inherent
in the crime of robbery.
Now there are also instances that an aggravating circumstance
will only increase the penalty imposable on an accused but not
on the other co-accused. For example, Mr. H, husband,
conspired with mr. X in killing W, the wife of H, now the
relationship between H and W will increase the penalty with
regard to mr. H but will not apply to mr. S.
Another, there are also instances where the mitigating
circumstance is applicable only to an accused who has
knowledge on such aggravating circumstance, but cannot be
applied to a co-accused who has no knowledge to an
application or use of an aggravating circumstance in the
commission of the crime. For example, Mr. X paid Mr. Y in
order to kill Mr. A, Mr. Y in killing Mr. A, used treachery, now
the aggravating circumstance will only apply to Mr. Y since
Mr. X does not know of such treachery.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Article 63. Rules for the application of indivisible penalties. -
In all cases in which the law prescribes a single indivisible
penalty, it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that may have
attended the commission of the deed.
In all cases in which the law prescribes a penalty composed
of two indivisible penalties, the following rules shall be
observed in the application thereof:
1. When in the commission of the deed there is present only
one aggravating circumstance, the greater penalty shall be
applied.
2. When there are neither mitigating nor aggravating
circumstances and there is no aggravating circumstance, the
lesser penalty shall be applied.
3. When the commission of the act is attended by some
mitigating circumstances and there is no aggravating
circumstance, the lesser penalty shall be applied.
4. When both mitigating and aggravating circumstances
attended the commission of the act, the court shall
reasonably allow them to offset one another in consideration
of their number and importance, for the purpose of applying
the penalty in accordance with the preceding rules, according
to the result of such compensation.
This is about the presence of aggravating and mitigating
circumstances as regards indivisible penalties.
What are the Indivisible Penalties?
- Death
- Reclusion Perpetua
When the penalty imposable is single and indivisible, example
Reclusion Perpetua, the presence of mitigating and
aggravating circumstances is IMMATERIAL. It does not
increase to the maximum since it is indivisible. If there is an
ordinary mitigating circumstance, it also does not decrease
either.
Example:
Rape – penalty is reclusion perpetua. If the accused voluntarily
surrenders and also pleads guilty. Now there are 2 mitigating
circumstances. Will this lower the penalty?
- No, since the penalty is single indivisible.
But if one who rapes is a minor, then we know that that is a
privileged mitigating circumstance. Now, this lowers the
penalty by one degree.
If the penalty imposable is 2 indivisible penalties: Accused
committed murder. Before, the penalty for murder was
Reclusion Perpetua to Death.
o If there is an aggravating circumstance, the penalty
imposed is the higher one which is Death.
o If 0 aggravating circumstance and 1 mitigating, the
lower one is imposed, Reclusion Perpetua.
o If 2 aggravating, 1 mitigating – there‘s an offset and 1
aggravating circ is left, so Death.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
o If 0 aggravating, 0 mitigating – the lower penalty is
imposed, so Reclusion Perpetua
You always look at the information because for Aggravating
circumstances to be considered, they must be ALLEGED IN
THE INFORMATION & PROVED.
Article 64. Rules for the application of penalties which
contain three periods. - In cases in which the penalties
prescribed by law contain three periods, whether it be a
single divisible penalty or composed of three different
penalties, each one of which forms a period in accordance
with the provisions of Articles 76 and 77, the court shall
observe for the application of the penalty the following
rules, according to whether there are or are not mitigating or
aggravating circumstances:
1. When there are neither aggravating nor mitigating
circumstances, they shall impose the penalty prescribed by
law in its medium period.
2. When only a mitigating circumstances is present in the
commission of the act, they shall impose the penalty in its
minimum period.
3. When an aggravating circumstance is present in the
commission of the act, they shall impose the penalty in its
maximum period.
4. When both mitigating and aggravating circumstances are
present, the court shall reasonably offset those of one class
against the other according to their relative weight.
5. When there are two or more mitigating circumstances and
no aggravating circumstances are present, the court shall
impose the penalty next lower to that prescribed by law, in
the period that it may deem applicable, according to the
number and nature of such circumstances.
6. Whatever may be the number and nature of the
aggravating circumstances, the courts shall not impose a
greater penalty than that prescribed by law, in its maximum
period.
7. Within the limits of each period, the court shall determine
the extent of the penalty according to the number and nature
of the aggravating and mitigating circumstances and the
greater and lesser extent of the evil produced by the crime.
Now here, we deal with DIVISIBLE PENALTIES. Those with
periods (minimum, medium, maximum).
Example:
X committed Homicide. Penalty is Reclusion Temporal
Reclusion Temporal
- maximum
- medium
- minimum
If 0 aggravating, 1 mitigating – minimum period is imposed
If 1 aggravating, 0 mitigating – maximum
If 2 aggravating, 1 mitigating – offset, 1 aggravating left – so
maximum
If 1 aggravating, 1 mitigating – offset – medium
If 0 aggravating, 0 mitigating – medium
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
If 0 aggravating, 2 mitigating – the penalty is reduced to 1
DEGREE (not period) lower – so Prision Mayor
If 1 aggravating, 4 mitigating – offset, 3 mitigating left –
Reclusion Temporal MINIMUM. Why? Since for 2 or more
mitigating circumstances, to lower the penalty by 1 DEGREE, it
is necessary that there should be no aggravating circumstance.
 In lowering the penalty to be imposed by 1 period is
applicable only to the Revised Penal Code. This is not
applicable to offenses in Special Laws, UNLESS that
special law is using the terms of penalties under the
RPC. So if the crime is penalized by a special law, no
matter how many mitigating circumstances there are,
they will not be appreciated.
Example:
Violation of RA 9165 Section 11 – Possession of Shabu:
1 gram of Shabu – penalty is 12 years and 1 day to 20
years. This is the same period as Reclusion Temporal
(RT), but this is not RT.
If the accused would plead guilty (mitigating), the
penalty will not be lowered. It will always be between
12 years and 1 day to 20 years.
 This article will not also apply in crimes committed
thru NEGLIGENCE like Reckless Imprudence
resulting to Homicide.
 This will not apply when the penalty imposable is
single and indivisible, but applies if there are 2
indivisible penalties like the example above in Article
63.
Article 65. Rule in cases in which the penalty is not composed
of three periods. - In cases in which the penalty prescribed by
law is not composed of three periods, the courts shall apply
the rules contained in the foregoing articles, dividing into
three equal portions of time included in the penalty
prescribed, and forming one period of each of the three
portions.
Article 66. Imposition of fines. - In imposing fines the courts
may fix any amount within the limits established by law; in
fixing the amount in each case attention shall be given, not
only to the mitigating and aggravating circumstances, but
more particularly to the wealth or means of the culprit.
Here the court has to consider the means or the wealth of the
accused. Remember, when the law says penalty of
―imprisonment or fine,‖ the court has the option to impose
either. But if the law says ―and‖, the court should impose both.
Article 67. Penalty to be imposed when not all the requisites of
exemption of the fourth circumstance of Article 12 are
present. - When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal
liability are not present, the penalty of arresto mayor in its
maximum period to prisioncorreccional in its minimum
period shall be imposed upon the culprit if he shall have
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.
This is the penalty for a crime when the crime is committed by
mere accident but not all elements thereof are present. The
penalty here is lowered. The accused here is performing a
lawful act with negligence.
Article 68. Penalty to be imposed upon a person under eighteen
years of age. - When the offender is a minor under eighteen
years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the
following rules shall be observed:
1. Upon a person under fifteen but over nine years of age,
who is not exempted from liability by reason of the court
having declared that he acted with discernment, a
discretionary penalty shall be imposed, but always lower by
two degrees at least than that prescribed by law for the crime
which he committed.
2. Upon a person over fifteen and under eighteen years of
age the penalty next lower than that prescribed by law shall
be imposed, but always in the proper period.
This is the privileged mitigating circumstance of MINORITY.
Paragraph 1 has been repealed by RA 9344, but paragraph 2 is
still followed.
We already know this. If minor is over 15 and under 18, and
acted with DISCERNMENT – impose the penalty next lower in
degree.
Article 69. Penalty to be imposed when the crime committed is
not wholly excusable. - A penalty lower by one or two
degrees than that prescribed by law shall be imposed if the
deed is not wholly excusable by reason of the lack of some of
the conditions required to justify the same or to exempt from
criminal liability in the several cases mentioned in Article 11
and 12, provided that the majority of such conditions be
present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and
nature of the conditions of exemption present or lacking.
This is the mitigating circumstance of Incomplete Justifying or
Incomplete Exempting.
When majority of the requisites are present, the court has the
option to lower the penalty by 1 or 2 degrees.
Example:
The accused is charged with homicide and there is incomplete
self defense. What‘s the penalty?
- One or two degrees lower. Within the range of Prision Mayor
or within the range of PrisionCorreccional. It is upon the
discretion of the court.
Article 70. Successive service of sentence. - When the culprit
has to serve two or more penalties, he shall serve them
simultaneously if the nature of the penalties will so permit
otherwise, the following rules shall be observed:
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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In the imposition of the penalties, the order of their
respective severity shall be followed so that they may be
executed successively or as nearly as may be possible, should
a pardon have been granted as to the penalty or penalties
first imposed, or should they have been served out.
For the purpose of applying the provisions of the next
preceding paragraph the respective severity of the penalties
shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prisioncorreccional,
6. Arresto mayor,
7. Arrestomenor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be
voted for, the right to follow a profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding,
the maximum duration of the convict's sentence shall not be
more than three-fold the length of time corresponding to the
most severe of the penalties imposed upon him. No other
penalty to which he may be liable shall be inflicted after the
sum total of those imposed equals the same maximum
period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of
perpetual penalties (penaperpetua) shall be computed at
thirty years. (As amended).
This is a situation where the accused committed two or more
crimes and the court imposes several sentences.
Example:
X is accused with 2 cases of Homicide, and is convicted. How
should he serve his sentences?
Article 70 says:
First, serve the sentences simultaneously if
the nature of the sentences allow it.
- an example is when in 1 crime he is to serve
a sentence of imprisonment, and in the other
crime he is to pay a fine. Here, the accused
can serve both by serving in jail and paying
the fine.
- another, both cases require him to pay a
fine.
Second, successive service of sentence by
serving the most serious or severe first.
- how do you determine the most severe or
most serious crime? Article 70 tells us
arrangement of penalties according to
severity.
**Compare paragraphs 7 and 8 of this Article
with paragraphs 7 and 8 of Article 71.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Destierro and Arrestomenor are SCALE NO. 2

interchanged. Under Article 70, 1. Perpetual absolute disqualification,
Arrestomenor is considered more 2. Temporal absolute disqualification
serious/severe because it involves 3. Suspension from public office, the right to vote and be
confinement. Destierro, though deprived of voted for, the right to follow a profession or calling,
liberty, the accused is not confined/locked 4. Public censure,
up. 5. Fine.

Article 72 Preference in the payment of the civil liabilities. -

Case: Accused is convicted of 4 crimes with the ff penalties:
1. Homicide – 14 years 8 months and 1 day
2. Homicide – 17 years 4 months and 1 day
3. Homicide – 14 years and 8 months
4. Frustrated Homicide – 12 years
Total: 58 years 8 months and 2 days
The civil liabilities of a person found guilty of two or more
offenses shall be satisfied by following the chronological
order of the dates of the judgments rendered against him,
beginning with the first in order of time.
You pay in chronological order. ―First come, first serve.‖

Is he going to stay in jail for this long?
- No, Under Article 70, this is what we call‖Three Fold Rule.‖
Here, the convict shall only stay in jail 3x the most severe
penalty. The most severe penalty is 17 yrs 4 mos and 1 day (x3)
= 52 years and 3 days.
Is he going to stay that long still?
- No, in no case shall he stay in jail for more than 40 years. So
from 58 years 8 months and 2 days, the convict is to serve only
40 years.
** But later on you will know that he will not actually stay this
long because aside from enjoying Parole, the convict who will
stay in jail in good behavior is entitled to service credits which
we call Good Conduct Time Allowance (GCTA).
Remember that under the Three Fold Rule, the convict has to
serve at least 4 sentences. If the sum of all penalties does not
exceed the most severe multiplied by 3, the Three Fold Rule
does not apply.
Article 71. Graduated scales. - In the case in which the law
prescribed a penalty lower or higher by one or more degrees
than another given penalty, the rules prescribed in Article 61
shall be observed in graduating such penalty.
The lower or higher penalty shall be taken from the
graduated scale in which is comprised the given penalty.
The courts, in applying such lower or higher penalty, shall
observe the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prisioncorreccional,
6. Arresto mayor,
7. Destierro,
8. Arrestomenor,
9. Public censure,
10. Fine.
Article 73. Presumption in regard to the imposition of
accessory penalties. - Whenever the courts shall impose a
penalty which, by provision of law, carries with it other
penalties, according to the provisions of Articles 40, 41, 42, 43
and 44 of this Code, it must be understood that the accessory
penalties are also imposed upon the convict.
Article 74. Penalty higher than reclusion perpetua in certain
cases. - In cases in which the law prescribes a penalty higher
than another given penalty, without specially designating
the name of the former, if such higher penalty should be that
of death, the same penalty and the accessory penalties of
Article 40, shall be considered as the next higher penalty.
There are crimes that when you compute for the penalty – it
will be Death.
Example, Qualified Theft. The penalty provided under the law
here is ―2 degrees higher than that of ordinary theft.‖ So
there‘s no specific penalty. We know that the penalty for
Ordinary Theft is Reclusion temporal. So for qualified theft,
since it says two degrees higher, what‘s the penalty when we
compute?
- Death! But this can‘t be imposed because Death can only be
imposed when the law SPECIFICALLY PROVIDES for it. But
with regards to the ACCESSORY PENALTY for death, the
accused must suffer that.
ART. 75: INCREASING OR DECREASING THE PENALTY
OF FINE BY ONE OR MORE DEGREES
Whenever it may be necessary to increase or reduce the
penalty of fine by one or more degrees, it shall be
increased or reduced, respectively, for each degree, by ¼
of the maximum amount.
It will always be ¼ of the maximum amount. So, one
degree lower, you just deduct ¼ of the maximum.

ART. 76: LEGAL PERIOD OF DURATION OF DIVISIBLE

PENALTIES

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Divisible Penalties are deemed divided into 3 equal periods. INDETERMINATE SENTENCE LAW (ISL) Act No. 4103

TABLE SHOWING THE DURATION OF DIVISIBLE This law provides that the sentence to be imposed by
PENALTIES AND THE TIME INCLUDED IN EACH OF the court must have a Minimum and Maximum period.
THEIR PERIODS Do not confuse this one with the periods provided in
Divisible Penalties (Art. 76). This one is different. Take note of
Penalties Penalty Minimum Medium Maximum that.
in its period period period There are two (2) formulas in determining the
entirety indeterminate sentence; one formula for crimes punishable
under the RPC and another formula for crimes punishable by
special laws.
Reclusion From 12 From 12 From 14 From 17 Example: Homicide.
temporal years years and years, 8 years, 4
and 1 1 day to months months What is the penalty for Homicide? Reclusion Temporal.
day to 14 years and 1 and 1 day
20 years. and 8 day to to 20
MINIMUM
months. 17 years years.
and 4 12 years and 1 day to 14
months. years and 8 months
MEDIUM
Reclusion Temporal
Prision mayor, From 6 From 6 From 8 From 10 14 years, 8 months and 1
12 years and 1 day to 20
absolute years years and years years and day to 17 years and 4
years
disqualification and 1 1 day to 8 and 1 1 day to months
and special day to years. day to 12 years. MAXIMUM
temporary 12 years. 10 years. 17 years, 4 months and 1
disqualification
day to 20 years
MINIMUM
Prision From 6 From 6 From 2 From 4
6 years and 1 day to 8
correccional, months months years, 4 years, 2
suspension and and 1 and 1 day months months years.
destierro day to 6 to 2 years and 1 and 1 day Prision Mayor MEDIUM
years. and 4 day to 4 to 6 years. 6 years and 1 day to 12 8 years and 1 day to 10
months. years years. years.
and 2 MAXIMUM
months.
10 years and 1 day to 12
years.
Arresto mayor From 1 From 1 to From 2 From 4 MINIMUM
month 2 months. months months
6 months and 1 day to 2
and 1 and 1 and 1 day
day to day to 4 to 6 years and 4 months
months. months. months. Prision correccional MEDIUM
6 months and 1 day to 6 2 years, 4 months and 1 day
Arresto menor From 1 From 1 to From 11 From 21 years. to 4 years and 2 months.
to 30 10 days. to 20 to 30 days. MAXIMUM
days. days. 4 years, 2 months and 1 day
to 6 years.
ART. 77: COMPLEX PENALTY
MINIMUM
It is a penalty prescribed by law composed of 3 distinct 1 to 2 months
penalties, each forming a period – Minimum, Medium, MEDIUM
Arresto mayor
and Maximum. 2 months and 1 day to 4
Example: Reclusion Temporal to Death 1 month and 1 day to 6
months.
Maximum – Death months.
MAXIMUM
Minimum – Reclusion Perpetua
4 months and 1 day to 6
Minimum – Reclusion Temporal
months

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
A. UNDER THE RPC
We first get the Minimum.
According to the ISL, when the crime is punishable by the
RPC, in order to get the Minimum of the sentence, the
penalty prescribed by law shall be lowered by one degree.
What is the penalty prescribed by law for Homicide? Reclusion
Temporal. What is one degree lower? Prision Mayor. What is
the range or duration of Prision Mayor? Six years and one
day to 12 years. That is the range.
The court may impose the Minimum sentence within the
range of six (6) years and one day to 12 years.
So, if the accused is convicted of Homicide, can the court
give a Minimum sentence of six (6) years and one day? YES. 8
years? YES. 10 years? YES, because it is within the range
and for as long as it is within the range. How about 6 years?
NO. Not within the range. The Minimum sentence that the
court can give in this case is six (6) years and one day.
Now then, we get the Maximum.
In order to get the Maximum of the sentence, we are now
going to consider the Mitigating and Aggravating
circumstances.
Example #1: No Mitigating. No Aggravating.
Where do you get your Maximum? From Reclusion Temporal
– MEDIUM. Why Medium? Because there is no Mitigating
or Aggravating circumstance that may be applied.
What is the duration of Reclusion Temporal – Medium? 14
years, 8 months and 1 day to 17 years and 4 months.
Can the court give a Maximum sentence of 14 years? YES. 16
years? YES. 17 years? YES. For as long as it is within the
range.
If the judge, after taking into consideration the Minimum
and Maximum of the ISL, has decided to sentence the
accused of six (6) years and one day to 15 years, he may, in
his decision, write that, ―The court finds the accused guilty of
Homicide and hereby sentences him to suffer the penalty of six
(6) years and one day of Prision Mayor to 15 years and one day
of Reclusion Temporal.‖
Why not simply write, ―six (6) years and one day to 15
years‖? Because… if walay apelyido, that will give the
impression that the crime is punished under a special law.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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Your decision then is wrong because the crime of
Homicide is punishable under the RPC.
Example #2: (1) Mitigating. No Aggravating.
Where do you get your Maximum? From Reclusion Temporal
– MINIMUM. Minimum because there is a mitigating
circumstance.
What is the duration of Reclusion Temporal – Minimum? 12
years and 1 day to 14 years and 8 months.
Can the court give a Maximum sentence of 12 years and 1 day
penalty? YES. 13 years? YES. 14 years? YES. For as long as it
is within the range. How about 15 years? NO. Not within
the range.
Note: The imposition of penalties is within the sound
discretion of the court. You cannot question the
imposition.
Example #3: No Mitigating. (1) Aggravating.
Where do you get your Maximum? From Reclusion Temporal
– MAXIMUM. Maximum because there is an aggravating
circumstance.
What is the duration of Reclusion Temporal – Maximum? 17
years, 4 months and 1 day to 20 years.
Can the court give a Maximum sentence of 18 years? YES. 19
years? YES. 20 years? YES. For as long as it is within the
range. How about 12 years? NO. Not within the range.
Example #4: Privileged Mitigating. No Aggravating.
If the accused is a Minor, that is Privileged Mitigating, you
lower the penalty by one degree. That is, Prision Mayor
(one degree lower from Reclusion Temporal).
To determine the Minimum of the sentence, you lower it
further by one degree. That is, Prision Correctional.
What is the range or duration of Prision Correctional? Six (6)
months and one day to six (6) years. Therefore, your
Minimum now is six (6) months and one day to six (6)
years.
Can the court give a Minimum sentence of six (6) years and one
day? YES. It is within the range.
Maximum
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Where do you get your Maximum? Prision Mayor –
MEDIUM. Why Medium? Because there is no more
Mitigating or Aggravating circumstance that may be
applied.
Example #5: Privileged Mitigating; (1) Ordinary Mitigating.
No Aggravating.
The Minimum sentence remains the same.
Where do you get your Maximum? Prision Mayor –
MINIMUM. Minimum because there is a mitigating
circumstance.
Example #6: Privileged Mitigating; Two (2) or more Ordinary
Mitigating; No Aggravating.
To determine the Minimum of the sentence, you lower
Example #4 further by one degree. That is, Arresto Mayor.
What is the range or duration of Arresto Mayor? One (1)
month and one day to six (6) months.
Can the court give a Minimum sentence of two (2) months?
YES. It is within the range.
Maximum
Where do you get your Maximum? Prision Correctional –
MEDIUM. Why Medium? Because there is no more
Mitigating or Aggravating circumstance that may be
applied.
WHAT IS THE PURPOSE OF THE ISL?
The purpose is to save the valuable human resources. The
accused will be more productive when he is outside. And,
the government can save a lot.
Under the ISL, once the accused was able to serve the
Minimum of his sentence, he can avail of parole. Meaning,
the accused now will be released. And if stay in good
behavior while outside the jail, he will not return anymore
to serve the sentence. The remaining period of the
sentence shall be deemed served.
But if he will commit any infraction while outside the jail,
he will return to jail to finish his sentence. The period
spent outside jail will not be counted. He has to finish the
remaining period of his sentence. So for example, the
accused was sentenced to 15 years in prison and he has
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already served 6 years already, he will have to serve the
reaming 9 years of his sentence.
It is called ―indeterminate‖ because you are not sure if you
are going to finish serving your sentence or not.
B. UNDER SPECIAL LAWS
The minimum penalty imposable under Sec. 11 (Possession of
Dangerous Drugs) under RA 9165 or The Comprehensive
Dangerous Drugs Act is 12 years and 1 day to 20 years.
To determine the Minimum in ISL
In crimes punishable by special law, the minimum of the
sentence should not be lower than the penalty imposable.
Therefore, should not be lower than 12 years and one day.
To determine the Maximum in ISL
The maximum should not be higher than the maximum
penalty imposable. Therefore, should not be higher than
20 years.
What is the opposite of Indeterminate Sentence?
Straight penalty.
Instances when the Indeterminate Sentence Law will not apply
1. When the penalty imposed by the court is not higher
than one year.
– If exactly one year, it could bestraight
penalty.
2. Will not benefit a habitual delinquent
3. Offenses such as Rebellion, Treason, or Proposal to
Commit Treason
June 19, 2016
Part 9
INDETERMINATE SENTENCE LAW
- Mandates that the Court in imposing a sentence upon
the convict should provide a minimum period or
duration of the sentence as well as the maximum
- Purpose of providing minimum and maximum:
 Main purpose is for the convict to avail of
Parole after he has served the minimum
duration of his sentence
Parole
- Suspension of sentence after serving the minimum
period of the indeterminate sentence
- Convict will be released conditionally. The condition
is that he should not violate any law while he is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
outside jail until the time the maximum period of his
sentence is over or the end of the maximum period
- When convict violates the terms, he may be required
to serve the remaining portion of his sentence
- Rationale: to save the valuable human resources
Disqualification of Parole
1) Accused is sentenced to life imprisonment, death,
reclusion perpetua
 CASE IN POINT: People vs Rocha: penalty
of reclusion perpetua is considered
synonymous with life imprisonment for the
purpose of the indeterminate sentence law
only (the application of the law)
2) Those convicted of treason, rebellion, espionage,
piracy, repeat offenders (habitual delinquent)
 Recidivist can avail of parole
3) Those who shall have escaped or evaded sentence
4) Those whose maximum term of imprisonment does
not exceed 1 year
 If exactly 1 year or less, this will not apply.
The court will provide for straight penalty,
no minimum and no maximum
 Rule on imposition of minimum and
maximum penalty:
 1st Rule: Offenses punishable by
RPC
 2nd Rule: Offenses punishable by
SPL
 Under special laws which
uses the penalty imposed
under the RPC, the rule to
be followed in
determining the minimum
and maximum of the
indeterminate sentence is
the rule that is used for
those crimes defined
under the RPC
 If 1 SPL uses terms of
penalties from RPC, the
formula that will be used
will be that also of the RPC
Probation
- Convict applies to Board of Pardon and Parole
- The Parole and Probation Office monitors the accused
while outside jail. Sometimes it conducts surprise
drug testing.
- A disposition under which an accused is released
subject to conditions imposed by the court and under
the supervision of a probation officer
- Probation is much better than Parole because in
parole you have to serve the minimum of the sentence
but in probation, the convict may not be able to serve
even a day of his sentence. He is already convicted yet
he cannot be able to stay in jail even for a minute.
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- Mere privilege and not a right
When can the accused file an application for probation?
- It must be filed within the period to perfect an appeal
or to file an appeal in the same trial court that
convicted him
- When convict has perfected an appeal, an application
for probation cannot be granted
- Upon the filing of application for probation, he cannot
anymore file an appeal because the decision will
automatically become final and executory. But the
service of sentence shall be suspended.
- Approval for probation is not automatic
 Who will conduct investigation?
 The court will have to issue an
order directing the Parole and
Probation Office to conduct an
investigation – post-sentence
investigation – and submit such
report to the court to determine
whether the accused is qualified to
avail of probation. The
investigation must be done within
15 days.
Qualifications (ALL MUST CONCUR)
1) The sentence imposed should not be over 6 years
 The maximum period is 6 years or less
2) The crime charged should not be against crime of
national security/public order
 Example: Accused pleaded guilty to an
offense of direct assault. He cannot apply for
probation because it is a crime against public
order.
 Remedy:
 File a Motion to Withdraw his
Improvident Plea of Guilty because
he did not intelligently plead guilty.
 Then plead not guilty.
 During pre-trial, plea bargain for
another offense. Plea
bargainingrequires the consent of
the police officer.
 Plead guilty to slight physical
injuries. It is now probationable
because it is a crime against person.
 Then apply for probation
3) Must not have been previously convicted by final
judgment of an offense punished by imprisonment of
more than 6 months or a fine more than P1,000
a. Amended by RA 10707
4) Not availed of previous probation
a. Probation cannot be availed more than once
5) Must not have been serving sentence at the time of
application.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
All the qualifications must be alleged in the application.
Can a recidivist/repeat offender apply for probation?
- Yes, provided that the penalty imposed on him in the
previous crime committed should not have been more
than 6 months. 6 months or less or P1,000 fine or less.
Upon filing of the provision, the court will order the parole
and probation office to conduct a post sentence investigation and
to submit the report within 60 days.
- If the recommendation is favourable then the court
will approve the application for probation.
- The application is not automatic
If the convicted person applied for probation, the judgment
will become final. The accused must not withdraw his bail, so
that he will not be imprisoned during the application for
probation. If the probation will be approved, the bail will be
returned. If he did not post bail then he may be release by way
of ―release on recognizance‖
- Promise by a responsible person that he would
produce the accused in court whenever his presence
is required.
- Respected member of the community, e.g. Barangay
captain
- The presence of the accused is needed during the
application for probation.
The period of probation is different from the period of the
sentence
- The period of probation may be longer than the
sentence
- If the court penalized the accused for 1 year of
imprisonment, his probation may be for 2 years.
- But the probation must not exceed 6 years
If the penalty imposed is a fine
- Probation may still be applied if he is subject to
subsidiary imprisonment
- The period of probation may not be more than twice
the number of days of subsidiary imprisonment.
- The decision must have the stipulation for subsidiary
imprisonment.
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The conditions imposed by the court:
Conditions that make a person productive:
1. Community service
2. Plant trees and care for them
3. Not associate himself with persons with
questionable character
4. Engage in gainful employment
5. Allow the probation office to visit
a. All probationers have a supervising
probation officer to follow him up
6. Undergo seminars and recollections
7. Surprise drug tests
8. Not commit any infraction
The most important condition is that the probationer must
report once a month to the supervising probation officer.
- At least once a month
- Until the end of the probation
Failure to fulfill the conditions will warrant the revocation of
his probation.
- He will be arrested and will now serve his sentence
- Although minor violations may only give penalties to
extend his term of probation.
The effects of probation:
1. Service oh his sentence is suspended (including the
accessory penalties)
a. He can vote even in conviction because the
accessory penalty is suspended
b. If the period of probation is terminated
without violation of any condition, all the
rights that are suspended are restored to the
accused.
Probation is not automatically terminated. The probation
officer must submit to the court that indeed the probationer
has complied with his probation and the conditions. The court
will issue an order formally terminating the probation. (Bala
vs. Martinez 181 SCRA 459)
- There was a case. When his probation was done, he
left the country. (Probationers cannot change their
address without permission from the court.)
- Travel is possible but there must be permission from
the court.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- His probation was revoked even if the period was
complied. When the probation came back, there was
already a warrant of arrest.
There was a case. The probationer was given a condition that
she will refrain from teaching. The accused questioned the
condition stating that she does not know any other profession
other than teaching.
- The liberality of probation should not be used as a
tool by the trial courts to stipulate unrealistic terms.
(mu samot nuun ug ka problemado)
An accused was charged of arbitrary detention. He was found
guilty and sentenced to suffer 4 months and 1 day to 2 days
and 4 months. He applied for probation. After the termination
of the probation, he ran for barangay captain. There is a
provision under the local government code, sec. 40 par. a., ―the
following persons are disqualified from running from any
elective local position. 1. a. those sentenced by final judgment
for an offense involving moral turpitude or for an offence
punishable for 1 year or more imprisonment within 2 years
after serving sentence.‖ The opposing candidate stated that 2
years have not yet elapsed from the service of sentence. He
was filed with a disqualification case.
- SC said that the person was qualified to run
- During the period of probation, while the accused is
under probation, the probationer is not disqualified
from running for a public office because the accessory
penalty of suspension from public office is put on
hold for the duration of the probation.
- Those who have not served their sentence by reason
of the grant of probation, once the person fully
complied with his probation; he no longer has to
serve his sentence. He should not be likewise
disqualified from running in a local elective office
because the 2 year period of illegibility under section
40 par. a. of the LGC does not even begin to run.
There is no reckoning date for the 2 year period
because he was not able to serve his sentence. (Morina
vs. COMELEC Aug. 10, 2006)
The case is charged with different cases. 10 counts of BP 22
(bouncing checks) every bouncing check counts as 1 case. 10
counts mean 10 cases. The court sentenced him each case for 1
year. Service of sentence should be successive for he cannot
serve it simultaneously. The court rendered the judgment of
the 10 cases in one decision. When adding up all the penalties,
it would reach him 10 years.
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- The SC said he is qualified to avail of probation.
- Multiple prison terms imposed on the accused found
guilty of several offenses in one decision should not
be added up. The sum total is not determinative of his
eligibility or disqualification to avail of probation.
- The law uses the word ―maximum‖ and not ―total‖.
- The maximum charged is only 1 year, therefore he is
still qualified for probation
- Even if there are 100 cases and non go beyond 6 years,
he is eligible for probation.
Earlier, we knew that a person who files an appeal cannot avail
of probation. If the court sentences you to suffer imprisonment
of 6 years and yet you did not avail of probation because you
filed an appeal. In the event that the decision of the court is
affirmed by the appellate court (RTC). You cannot avail of
probation.
Case: The accused was charged with frustrated homicide with
the RTC. The accused denied having committed the crime. He
reasoned out that even if it is true that I am guilty, that I
inflicted injury upon the victim, I could not be convicted of
frustrated homicide because there is no proof of intent to kill.
But the problem is the RTC did not believe him and convicted
him as charged. And because the crime charged is frustrated
homicide, the sentence imposed on him was over 6 years. So
he cannot avail of probation. He now appealed the decision to
the CA. It was affirmed. When it reached the SC SC said there
is no intent to kill and he is only liable for serious physical
injuries. SC imposes a penalty of not more than 6 years.
Q: Can he avail of probation?
TN that the rule is: if the accused has applied or filed an appeal
he cannot avail of probation.
But recently the SC reversed the jurisprudence before that once
a person files an appeal, one cannot file a probation.
Now, one can file for probation for as long as if the sentence
imposed by the RTC is not probationable.
If the trial court imposes a penalty which is not probationable,
but on appeal the appellate court changes the penalty imposed
to a probationable one, the accused can still avail of probation
and the application for probation shall be filed within 15 days
from the receipt of the copy of the decision and before the
decision becomes final.
Where should the application be filed?
- Before the trial court.
CASE: PP vsColinares Dec. 13, 2007
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
This decision of the SC has not been embodied in the Probation
Law, RA 10707.
―When a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed and such judgment is modified
through the imposition of a probationable penalty, the accused shall
be allowed to apply for probation based on the modified decision
before such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial court where
the judgment of conviction imposing a non-probationable penalty
was rendered or in the trial court where such case has been re-
raffled.‖
*** secure a copy of RA 10707
Probation benefits your client. If your client is being sentenced
to a crime which has an imposable penalty of 6 years below so
it would be filed in the first level court, MTC. If the court
would convict your client, check on the chances on whether
you would win on your appeal. If the sentence to be imposed
by the court is probationable and you would still appeal, you
cannot anymore avail of probation.
For the case of PP vsColimanares, the situation there was
different since it was not due to the fault of the accused but
because of the court.
If you think that once you appeal the chances of winning the
appeal is slim, do not file an appeal. It would be much better to
advice your client to avail or apply of probation.
Advantages:
1. What makes probation nice is that the probation office
is under the DOJ. When you avail of probation and
you get an NBI clearance, it would not affect your
records there or not appear that you have been
convicted. But with the court clearance, it would
appear there that you have been convicted.
2. Once your client pleads guilty to an offense and it has
a short imposable sentence or you let your client plea
bargain to a penalty of 1 year. You then apply for
probation so he also has to serve a short time for
probation.
Chapter Five
 EXECUTION AND SERVICE OF PENALTIES
Section One. - General Provisions
Article 78.When and how a penalty is to be executed. - No penalty
shall be executed except by virtue of a final judgment.
A penalty shall not be executed in any other form than that
prescribed by law, nor with any other circumstances or
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incidents than those expressly authorized thereby.
In addition to the provisions of the law, the special regulations
prescribed for the government of the institutions in which the
penalties are to be suffered shall be observed with regard to
the character of the work to be performed, the time of its
performance, and other incidents connected therewith, the
relations of the convicts among themselves and other persons,
the relief which they may receive, and their diet.
The regulations shall make provision for the separation of the
sexes in different institutions, or at least into different
departments and also for the correction and reform of the
convicts.
SEC 78
―No penalty shall be executed except by virtue of a final judgment.‖
- When would a decision become final and executory?‖
o After the lapse of 15 days if there is no
appeal or motion for reconsideration or
motion for new trial
- The court will now issue a warrant of arrest against
the accused if he did not surrender or the service of
his sentence
- If the penalty imposed by the court is more than 3
years imprisonment, he is considered an insular
prisoner
- Insular prisoner – he will be imprisoned at
Muntinlupa – the National Bilibid Prison, the national
penitentiary
o There is also a regional penitentiary, they
have a branch or they decentralized it. It is at
Abuyog, Leyte.
o Penal colonies: Iwahig, Palawan Penal
Colony, Davao Penal Colony
- If more than 3 years – insular prisoner and be brought
to the national penitentiary
- If less than 3 years, only here or local –BBRC or
CPDRC but now Cebu City Jail
- BARQ: What ismittimus?
o That is now the equivalent of the writ of
execution. That is the order of the court
allowing or directing the transfer of the
convict to the national penitentiary.
Article 79.Suspension of the execution and service of the penalties in
case of insanity. - When a convict shall become insane or an
imbecile after final sentence has been pronounced, the
execution of said sentence shall be suspended only with regard
to the personal penalty, the provisions of the second paragraph
of circumstance number 1 of Article 12 being observed in the
corresponding cases.
If at any time the convict shall recover his reason, his sentence
shall be executed, unless the penalty shall have prescribed in
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
accordance with the provisions of this Code.
The respective provisions of this section shall also be observed
if the insanity or imbecility occurs while the convict is serving
his sentence.
- when the accused goes crazy, what happens?
o When it is found that the accused is insane at
the time of the commission of the crime: he is
exempt from any criminal liability
o When the accused at the time of the
commission of the crime is not yet insane but
while the case is pending he became insane:
the proceedings will be suspended
o When the accused during trial he is sane but
when he learned that he is convicted and
now he is confined in jail, he became insane:
the service of his sentence will be suspended
and he will now be placed at the mental
hospital
Article 80.Suspension of sentence of minor delinquents. -
Whenever a minor of either sex, under sixteen years of age at
the date of the commission of a grave or less grave felony, is
accused thereof, the court, after hearing the evidence in the
proper proceedings, instead of pronouncing judgment of
conviction, shall suspend all further proceedings and shall
commit such minor to the custody or care of a public or
private, benevolent or charitable institution, established under
the law of the care, correction or education of orphaned,
homeless, defective, and delinquent children, or to the custody
or care of any other responsible person in any other place
subject to visitation and supervision by the Director of Public
Welfare or any of his agents or representatives, if there be any,
or otherwise by the superintendent of public schools or his
representatives, subject to such conditions as are prescribed
hereinbelow until such minor shall have reached his majority
age or for such less period as the court may deem proper. The
court, in committing said minor as provided above, shall take
into consideration the religion of such minor, his parents or
next of kin, in order to avoid his commitment to any private
institution not under the control and supervision of the
religious sect or denomination to which they belong.
The Director of Public Welfare or his duly authorized
representatives or agents, the superintendent of public schools
or his representatives, or the person to whose custody or care
the minor has been committed, shall submit to the court every
four months and as often as required in special cases, a written
report on the good or bad conduct of said minor and the moral
and intellectual progress made by him.
The suspension of the proceedings against a minor may be
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extended or shortened by the court on the recommendation of
the Director of Public Welfare or his authorized representative
or agents, or the superintendent of public schools or his
representatives, according as to whether the conduct of such
minor has been good or not and whether he has complied with
the conditions imposed upon him, or not. The provisions of the
first paragraph of this article shall not, however, be affected by
those contained herein.
If the minor has been committed to the custody or care of any
of the institutions mentioned in the first paragraph of this
article, with the approval of the Director of Public Welfare and
subject to such conditions as this official in accordance with
law may deem proper to impose, such minor may be allowed
to stay elsewhere under the care of a responsible person.
If the minor has behaved properly and has complied with the
conditions imposed upon him during his confinement, in
accordance with the provisions of this article, he shall be
returned to the court in order that the same may order his final
release.
In case the minor fails to behave properly or to comply with
the regulations of the institution to which he has been
committed or with the conditions imposed upon him when he
was committed to the care of a responsible person, or in case
he should be found incorrigible or his continued stay in such
institution should be inadvisable, he shall be returned to the
court in order that the same may render the judgment
corresponding to the crime committed by him.
The expenses for the maintenance of a minor delinquent
confined in the institution to which he has been committed,
shall be borne totally or partially by his parents or relatives or
those persons liable to support him, if they are able to do so, in
the discretion of the court; Provided, That in case his parents or
relatives or those persons liable to support him have not been
ordered to pay said expenses or are found indigent and cannot
pay said expenses, the municipality in which the offense was
committed shall pay one-third of said expenses; the province
to which the municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National
Government: Provided, however, That whenever the Secretary
of Finance certifies that a municipality is not able to pay its
share in the expenses above mentioned, such share which is
not paid by said municipality shall be borne by the National
Government. Chartered cities shall pay two-thirds of said
expenses; and in case a chartered city cannot pay said
expenses, the internal revenue allotments which may be due to
said city shall be withheld and applied in settlement of said
indebtedness in accordance with section five hundred and
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
eighty-eight of the Administrative Code.
Section Two. - Execution of principal penalties.
Article 81.When and how the death penalty is to be executed. - The
death sentence shall be executed with reference to any other
and shall consist in putting the person under sentence to death
by electrocution. The death sentence shall be executed under
the authority of the Director of Prisons, endeavoring so far as
possible to mitigate the sufferings of the person under sentence
during electrocution as well as during the proceedings prior to
the execution.
If the person under sentence so desires, he shall be
anaesthetized at the moment of the electrocution.
Article 82.Notification and execution of the sentence and assistance
to the culprit. - The court shall designate a working day for the
execution but not the hour thereof; and such designation shall
not be communicated to the offender before sunrise of said
day, and the execution shall not take place until after the
expiration of at least eight hours following the notification, but
before sunset. During the interval between the notification and
the execution, the culprit shall, in so far as possible, be
furnished such assistance as he may request in order to be
attended in his last moments by priests or ministers of the
religion he professes and to consult lawyers, as well as in order
to make a will and confer with members of his family or
persons in charge of the management of his business, of the
administration of his property, or of the care of his
descendants.
Article 83.Suspension of the execution of the death sentence. - The
death sentence shall not be inflicted upon a woman within the
three years next following the date of the sentence or while she
is pregnant, nor upon any person over seventy years of age. In
this last case, the death sentence shall be commuted to the
penalty of reclusion perpetua with the accessory penalties
provided in Article 40.
Article 84.Place of execution and persons who may witness the
same. - The execution shall take place in the penitentiary of
Bilibid in a space closed to the public view and shall be
witnessed only by the priests assisting the offender and by his
lawyers, and by his relatives, not exceeding six, if he so
request, by the physician and the necessary personnel of the
penal establishment, and by such persons as the Director of
Prisons may authorize.
Article 85.Provisions relative to the corpse of the person executed
and its burial. - Unless claimed by his family, the corpse of the
culprit shall, upon the completion of the legal proceedings
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subsequent to the execution, be turned over to the institute of
learning or scientific research first applying for it, for the
purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains.
Otherwise, the Director of Prisons shall order the burial of the
body of the culprit at government expense, granting
permission to be present thereat to the members of the family
of the culprit and the friends of the latter. In no case shall the
burial of the body of a person sentenced to death be held with
pomp.
- Articles 80 – 85: repealed by PD 603 and RA 9344
- About minors
Article 86.Reclusion perpetua, reclusion temporal, prision mayor,
prisioncorreccional and arresto mayor. - The penalties of reclusion
perpetua, reclusion temporal, prision mayor,
prisioncorreccional and arresto mayor, shall be executed and
served in the places and penal establishments provided by the
Administrative Code in force or which may be provided by
law in the future.
- 3 years or more – insular prisoner
- Where will he be serving his sentence: if from Cebu
then at the regional penitentiary – Abuyog, Leyte
- There is a proposal now that the national penitentiary
at Muntinlupa will be transferred to Laguna or Nueva
Ecija. There is a 50H lot there.
Article 87.Destierro. - Any person sentenced to destierro shall
not be permitted to enter the place or places designated in the
sentence, nor within the radius therein specified, which shall
be not more than 250 and not less than 25 kilometers from the
place designated.
- The accused is prohibited from entering a certain
place
EX: He is prohibited from entering Cebu City. The
distance should not be less than 25km. If 25km, so
Naga. If he exceeds that he will now be liable for
evasion of service of sentence.
- Imposed on cases like:
1. Concubinage
- Concubine is sentenced to destierro
2. For an accused or convict who killed his spouse
under exceptional circumstance
- Like caught him on the act of sexual intercourse with
another person - called death under exceptional
circumstance
- Destierro is imposed not as a penalty but for his
protection
3. After lowering the penalty by certain degrees,
destierro would become the proper lower penalty
- Art 71
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Art. 89. How criminal liability is totally extinguished. — that he was ordered to pay the value of the jewelleries
Criminal liability is totally extinguished: that he failed to return- 1million. He appealed the
decision. Pending appeal, the accused died. Q: What
1. By the death of the convict, as to the personal happens to his obligation ordered by the court to pay
penalties and as to pecuniary penalties, liability 1million?
therefor is extinguished only when the death of the A: The obligation subsists. The claim for civil liability
offender occurs before final judgment.
survives notwithstanding the death of the accused if
2. By service of the sentence;
the same may also be predicated on a source of
3. By amnesty, which completely extinguishes the
obligation other than delict, such as law, contracts,
penalty and all its effects;
quasi- contracts, and quasi delicts. Y can still file a
4. By absolute pardon;
separate civil action against the estate of Mr. X. (People
5. By prescription of the crime;
vs. Bayotas, 236 SCRA 239.
6. By prescription of the penalty;
7. By the marriage of the offended woman, as provided
2. By Service of Sentence.
in Article 344 of this Code.
- Of course if the accused has already served his
What are the grounds or causes of TOTAL sentence then there is no more criminal liability.
EXTINGUISHMENT OF CRIMINAL LIABILITY:
3. By Amnesty
1. By the death of the convict. - Completely extinguishes the penalty and all its
- CRIMINAL LIABILITY effects.
The death of the convict whether before or after final - Amnesty and pardon are the powers of the President.
judgment extinguishes CRIMINAL LIABILITY, AMNESTY PARDON
because one of the juridical conditions of penalty is
that it is personal. Is a blanket pardon Includes any crime
to classes of persons and is exercised
- CIVIL LIABILITY or communities who individually by the
But as regards his civil liability, if the decision has may be guilty of President
already become final and executory, the same shall political offenses.
not be affected by his death anymore. His civil May be exercised Exercised when the
liability is NOT EXTINGUISHED. And the claim shall even before trial or person is already
therefore be filed against his estate. investigation is had convicted

Makes an ex- convict Does not alter the

RULE: It shall be EXTINGUISHED if death occurs
no longer a fact that the accused
before final judgment.
recidivist, because it is a recidivist, bec it
EXC: If his civil liability likewise arose out of other obliterates the last produces the
sources of obligations- other than the crime vestige of the crime. extinction only of
committed, the same shall not be extinguished and the personal effects
of the penalty.
the private complainant may file a separate civil
action against the estate.
Both do not extinguish the civil liability of
the offender.
- Example of a civil liability arising out from a contract:
Being by Being a private act of
Mr. X obligated himself to sell the jewelleries which Proclamation of the the President, must
he received from Y. The proceeds shall be given to Y Chief Executive with be pleaded and
or the jewelleries be returned to Y if they‘re not sold. the concurrence of proved by the
What will happen if Mr. X after 1 month and after Congress, is a public person pardoned
demand fails to remit the proceeds or return them if act of which the
not sold? He is liable for Estafa. Let‘s say the court courts should take
sentenced him to suffer imprisonment and aside from judicial notice.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Crimes punishable by other afflictive penalties shall prescribe

4. Absolute Pardon in fifteen years.
Two kinds of pardon:
i. Absolute pardon- no condition imposed Those punishable by a correctional penalty shall prescribe in
ii. Conditional pardon- usual condition is that the ten years; with the EXCEPTION of those punishable by
grantee should not commit any crime. arresto mayor, which shall prescribe in five years.

The crime of libel or other similar offenses shall prescribe in

PARDON PAROLE
one year.

- It is enough that - Requires that the The crime of oral defamation and slander by deed shall
the decision has minimum
prescribe in six months.
already become sentence should
final and have been served.
Light offenses prescribe in two months.
executory. No
need of service.
When the penalty fixed by law is a compound one, the highest
penalty shall be made the basis of the application of the rules
5. Prescription of the crime
contained in the first, second and third paragraphs of this
PRESCRIPTION OF PRESCRIPTION OF
article. (As amended by RA 4661, approved June 19, 1966).
THE CRIME THE PENALTY
- TN that the ―oral defamation‖ which prescribes in 6
The forfeiture or loss of The loss or forfeiture of
months here refers to Grave Oral Defamation,
the right of the State to the right of the
because the prescriptive period for slight oral
prosecute the offender Government to execute
prescribes in only 2 months.
after the lapse of a the final sentence after
certain time. the lapse of a certain
There are two kinds of defamation:
time.
1. Grave
2. Slight oral- only 2months.
The case has not yet Case already filed, the
been filed accused is already
- Example: The offended party failed to file a complaint
convicted, sentence
for slight physical injuries within the prescriptive
already imposed but
period. So instead, he filed a complaint for attempted
the accused is not yet
homicide against the accused. After trial, the court
serving his sentence
finds that the crime committed is only slight physical
because he has escaped
injuries. Q: Can the accused be convicted of slight physical
from jail.
injuries?

6. By the marriage of the offended party
- As provided by Art. 344 of the RPC.
- This Article mentions of the private crimes
(Seduction, abduction, etc.). Rape is no longer
considered as a private crime. It is already classified
as a crime against person. Nevertheless, even if it is
considered as crime against person, valid marriage
between the victim and the accused will still
extinguish the criminal liability.
Art. 90. Prescription of crime. — Crimes punishable by death,
reclusion perpetua or reclusion temporal shall prescribe in
twenty years.
Ans. NO MORE. When the crime proved has already
prescribed at the time the case was filed, the accused
can no longer be convicted of such crime. Otherwise it
would be easy to circumvent the law by just filing a
case for the graver offense. Francisco vs CA, 122 SCRA
545
Art. 91. Computation of prescription of offenses. —
The period of prescription shall commence to run
from the day on which the crime is discovered by the
offended party, the authorities, or their agents, and
shall be interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
convicted or acquitted, or are unjustifiably stopped
for any reason not imputable to him.
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
Q: When shall the prescriptive period of a crime start to
run?
A: From the day the crime was committed or
discovered.
Discovery by whom?
1. The offended party
2. Authority or
3. Agent of an authority
- Example: Supposed Mr X. planned to kill Mr. Y in a
remote place. One night, he followed Mr. Y and
stabbed him. He already prepared a graveyard 6 feet
under the ground and there he buried Mr Y. Mr X
didn‘t know that a boy witnessed the incident. But the
child didn‘t have enough courage to tell what he saw
because he was just 10 years old then. He got the
courage to tell the authorities only when he reached
40 years old, because the victim kept on appearing in
his dream asking for justice. Based on the testimony
of the child (now a man), a murder charge was filed
against Mr. X. The latter filed a motion to quash on
the ground of prescription. If you were the judge will
you grant the motion?
Ans. NO. The crime has not yet prescribed. The
prescriptive period did not commence to run. The
commission of the crime was known only to the boy
(now a man), who was not the offended party, an
authority or an agent of an authority. It was
discovered by the authorities only when the boy (now
a man) revealed to them the commission of the crime.
Now let‘s change the facts, suppose after killing Y, Mr. X just
left the body of Y and 3 days thereafter, when the relatives of
the deceased found the decomposing body of Mr. Y, and upon
examination, it was concluded that he died with stab wounds.
The problem here is that the authorities could not get any
witness. Now Mr. X did not know that W, the boy, saw the
killing, however the latter did not have enough courage to
report the incident to the police. He only got the courage to
told the authorities only after 30yrs when he was already an
adult. Now the police filed a case against Mr. X, and thereafter
Mr. X filed a motion to dismiss on the ground of prescription.
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Question, is the motion meritorious? Yes! Now take note here,
the start of the counting is the discovery of the crime and not
of the criminal. That is why in order to prevent the crime to
prescribe, the authorities should exert all efforts to know who
are responsible for the crime, otherwise the case would
prescribe.
Now this would relate to your criminal procedure. When does
the prescriptive period stop to run? Now the filing of the case
with the prosecutor‘s office as a rule will stop the running of
the prescriptive period and will run again if the case is
dismissed on grounds which are not imputable to the accused.
In other words, the case is dismissed since the accused is not
guilty, then the prescriptive period will be suspended.
In the case of Jadewell parking system corp. Vs Bidua sr. 706
SCRA 724, SC said where the crime charged is based on
ordinance, prescriptive period only stops to run upon filing of
the information in COURT; not in the prosecutor‘s office.
- Prescriptive period will not run if accused is not
found in the Philippines or is abroad.
Now there‘s a case, the accused executed a deed of sale,
wherein a parcel of land was sold to him, when in fact it was
not, now using the falsified document, Mr. X the accused have
the title of the lot transferred to his name, he then registered it
in the register of deeds, later on the title was changed to his
name. Now after 20years, the owner discovered that the title of
his lot was already in the name of the accused, he then found
out that Mr. X made a falsified document. He then filed a case
for falsification against Mr. X, the latter invoking prescription,
stating that the falsification occurred 20 years ago. Now, the
prosecution countered that the crime did not prescribe since
the owner just discovered it recently. Is the motion to quash
filed by X meritorious? refer to the case of Cabral vs Puno 70
SCRA 606.
Article 92. Prescription of penalties
This refers to the loss of the right of the state to let the convict
serve his sentence.
1. Death and Reclusion perpetua – 20yrs
2. Other afflictive penalties – 15yrs
3. Correcional penalties – 10yrs;
4. Aresto Mayor – 5yrs (exception to correctional penalties)
5. Light penalties – 1yr
This refers to the prescription to the PENALTY imposed by the
court; Accused here is already sentenced and is serving the
sentence.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Article 93.
Prescriptive period start to run from the day the convict evades
his sentence.
Interrupted if the defendant should give himself up, be
captured or should go to some foreign country with which the
Philippines has no extradition treaty; or should commit
another crime before expiration of the period of prescription.
Now for example, the convict is charged with murder, but the
court allowed him to post bail since the evidence against him is
not strong, but after trial, the court found him guilty of
murder. The accused did not anymore appear in court, now
the court cancelled his bail and issued a warrant for his arrest,
the accused was only arrested 40yrs later, now he filed a
petition for habeas corpus on the ground that his
imprisonment is already illegal because the penalty imposed
on him has already prescribed. Meritorious? No! Now take
note that the prescriptive period of the penalty will only start
to run when the accused has evaded the service of his
sentence, this presupposes he already started his sentence. It is
necessary for the prescriptive period to run that the accused
MUST HAVE SERVED HIS SENTENCE and later on escaped.
Because if the accused did not serve his sentence and escaped,
then the prescriptive period will not run.
Refer to the case of Pangan vs Gatbaliti Jan. 21 2005
Article 94.
Provides for the causes for partial extinction of criminal
liability.
1. Conditional Pardon;
2. Commutation of the sentence;
3. Good conduct allowances which the culprit may earn while
he is serving sentence. (Good Conduct Time Allowance under
Article 97). However this is already amended by RA. 10592:
If the accused is serving his sentence in the following:
a. 1st 2yrs – 20days for each month of good behavior
shall be deducted
b. 3-5yrs – 23 days deduction
c. 6-10yrs – 25days deduction
d. 11-up – 30days
- Also includes useful behavior inside the jail such as engaging
in productive activities.(teaching other inmates; spreading the
word of the Lord)
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Good Conduct Time Allowance (GCTA)
This is in line with the Positivist Theory.
Article 95. Obligation incurred by person granted conditional
pardon. - Any person who has been granted conditional
pardon shall incur the obligation of complying strictly with
the conditions imposed therein otherwise, his non-
compliance with any of the conditions specified shall result
in the revocation of the pardon and the provisions of Article
159 shall be applied to him.
Conditional Pardon – granted by the President; and the usual
condition here is that the offender should not commit any
crime.
If condition violated – pardon revoked and the person
granted the same shall be re-arrested and required to serve the
remaining portion of his sentence.
Article 96. Effect of commutation of sentence. - The
commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
So effect of commutation is the reduction of penalty.
Article 97. Allowance for good conduct. - The good conduct of
any prisoner in any penal institution shall entitle him to the
following deductions from the period of his sentence:
1. During the first two years of his imprisonment, he shall be
allowed a deduction of five days for each month of good
behavior;
2. During the third to the fifth year, inclusive, of his
imprisonment, he shall be allowed a deduction of eight days
for each month of good behavior;
3. During the following years until the tenth year, inclusive,
of his imprisonment, he shall be allowed a deduction of ten
days for each month of good behavior; and
4. During the eleventh and successive years of his
imprisonment, he shall be allowed a deduction of fifteen
days for each month of good behaviour.
Article 98. Special time allowance for loyalty. - A deduction
of one-fifth of the period of his sentence shall be granted to
any prisoner who, having evaded the service of his sentence
under the circumstances mentioned in Article 58 of this
Code, gives himself up to the authorities within 48 hours
following the issuance of a proclamation announcing the
passing away of the calamity or catastrophe to in said article.
This is another reason for granting time allowance.
What is the effect if the prisoners would leave the jail facility
on occasion of calamity?
- Under Art 98, the leaving of the facility on occasion of
calamity is not considered a crime. But so as not to be liable of
evasion of service of sentence, the convict should return to the jail
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
facility within 48 hours from the announcement of the passing
of the calamity.
So if he surrenders within 48 hours, he does not commit any
crime, and instead will be granted reduction of 1/5 of his
original sentence.
- so let‘s say he is sentenced to 20 years, and since he as served
10 years already, there is a remainder of 10 years for him to
serve. 1/5 of 20 is 4. So from the 10 years of service left, deduct
4 yrs – he now ends up with 6 years of service left.
If you did not escape at all, despite the calamity, how much is
your deduction?
- Under RA 10592, you are entitled to 2/5 reduction of the
original sentence.
If you never returned to jail, what crime did you commit?
- Evasion of Service of Sentence on Occasion of Calamity
We talked earlier about Time Allow
Article 99. Who grants time allowances. - Whenever lawfully
justified, the Director of Prisons shall grant allowances for
good conduct. Such allowances once granted shall not be
revoked.
Who grants Time Allowance?
- the Jail Warden (RA 10592)
- TN time allowance may be earned by the Preventive
Detention Prisoners. So, to determine if the offender has stayed
in jail equivalent to the maximum period, then time allowance
may be computed and earned.
Article 100. Civil liability of a person guilty of felony. - Every
person criminally liable for a felony is also civilly liable.
This rule is due to the DUAL NATURE/CHARACTER of a
crime. In most cases, when a person commits a crime, he is at
fault to the State and the Private offended party.
The private offended party may file a civil case against the
accused to hold him civilly liable. When the complainant does
not file a separate civil case, it is deemed included in the
criminal case.
In the prosecution of a criminal case, considering that civil
liability is deemed included, the private complainant may hire
a private lawyer if he can afford. If he can‘t afford, he can ask
the prosecutor may file to claim civil liability from the accused
after presenting evidence. Also, the court, after finding the
accused guilty, may order the accused to pay damages to the
private complainant.
But if there is NO private complainant, a private lawyer has
NO personality to appear in the case.
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What are the damages to be awarded to the private offended
party?
1. Actual Damages
2. Moral Damages
3. Exemplary Damages
Good to know:
The fact that one committed RAPE – civilly liable for 50k; if the
accused is the father who committed rape– 75k
Even if one is acquitted, may still be civilly liable in the ff cases:
1. Acquittal is merely based on Reasonable Doubt
2. Court finds that the liability is Purely Civil in Nature
3. On the ground of Torts/ Criminal Negligence
4. Acquittal based on Minority
Article 101. Rules regarding civil liability in certain cases. -
The exemption from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article 12 and in subdivision 4
of Article 11 of this Code does not include exemption from
civil liability, which shall be enforced subject to the
following rules:
First. In cases of subdivisions 1, 2, and 3 of Article 12, the
civil liability for acts committed by an imbecile or insane
person, and by a person under nine years of age, or by one
over nine but under fifteen years of age, who has acted
without discernment, shall devolve upon those having such
person under their legal authority or control, unless it
appears that there was no fault or negligence on their part.
Should there be no person having such insane, imbecile or
minor under his authority, legal guardianship or control, or
if such person be insolvent, said insane, imbecile, or minor
shall respond with their own property, excepting property
exempt from execution, in accordance with the civil law.
Second. In cases falling within subdivision 4 of Article 11,
the persons for whose benefit the harm has been prevented
shall be civilly liable in proportion to the benefit which they
may have received.
The courts shall determine, in sound discretion, the
proportionate amount for which each one shall be liable.
When the respective shares cannot be equitably determined,
even approximately, or when the liability also attaches to the
Government, or to the majority of the inhabitants of the
town, and, in all events, whenever the damages have been
caused with the consent of the authorities or their agents,
indemnification shall be made in the manner prescribed by
special laws or regulations.
Third. In cases falling within subdivisions 5 and 6 of Article
12, the persons using violence or causing the fears shall be
primarily liable and secondarily, or, if there be no such
persons, those doing the act shall be liable, saving always to
the latter that part of their property exempt from execution.
This deals with civil liability in cases wherein the accused is
exempt from any Criminal liability.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
In exempting circumstances, there is a crime committed but
there is no criminal. Though the accused is exempt, he could be
civilly liable EXCEPT in paragraphs 4 and 7.
 In paragraphs 1,2 and 3 of Art 12 (imbecile, insane,
minor), civil liability is shouldered by persons who
have control over the minor or the insane or imbecile
unless it appears that the person who has legal
authority has NO FAULT OR NEGLIGENCE.
If there is no person responsible for the insane or minor?
- the minor/insane/imbecile shall be helad liable with their
own property
 Art 11, Paragraph 4 (avoidance of greater injury), the
person benefited in this case is civilly liable
 Art 12, Paragraphs 5 and 6 (Irresistable
Force/Uncontrollable Fear) – the person using
violence or threats shall be held civilly liable.
Article 102. Subsidiary civil liability of innkeepers,
tavernkeepers and proprietors of establishments. - In default
of the persons criminally liable, innkeepers, tavernkeepers,
and any other persons or corporations shall be civilly liable
for crimes committed in their establishments, in all cases
where a violation of municipal ordinances or some general or
special police regulation shall have been committed by them
or their employees.
Innkeepers are also subsidiarily liable for the restitution of
goods taken by robbery or theft within their houses from
guests lodging therein, or for the payment of the value
thereof, provided that such guests shall have notified in
advance the innkeeper himself, or the person representing
him, of the deposit of such goods within the inn; and shall
furthermore have followed the directions which such
innkeeper or his representative may have given them with
respect to the care and vigilance over such goods. No liability
shall attach in case of robbery with violence against or
intimidation of persons unless committed by the innkeeper's
employees.
GR: Civil liability shall be shouldered by the person
committing the crime.
(one of the) Exceptions: Art 102
Subsidiary liabilityin this article happens when a person who
is responsible for the commission of the crime cannot pay civil
liability by reason of insolvency, then the employer of that
person/owner of the business(innkeepers, etc) can be held
liable.
TN: Robbery in this Article refers only to Robbery with force
upon things.
Article 103. Subsidiary civil liability of other persons. - The
subsidiary liability established in the next preceding article
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shall also apply to employers, teachers, persons, and
corporations engaged in any kind of industry for felonies
committed by their servants, pupils, workmen, apprentices,
or employees in the discharge of their duties.
In connection with Art 102, another exception is this article.
TN of the phrase ―in the discharge of their duties‖
Example: Taxi Business
The driver ran over a person. He was sued for Reckless
Imprudence resulting to Homicide. He was convicted. Since
there was death, liable for 50k and 1m for the loss of earning
capacity. Who pays if the driver is insolvent?
- the Employer, as per Art 103 because the latter is engaged in
an industry.
If you are a Regional Director, with no business and your
personal driver ran over a person. Are you liable?
- No, because you are not engaged in any business.
In a criminal case, is it necessary to include the employer in the
charge? NO.
Is there no violation of due process considering that you will
hold him liable in the event that the employee is found
criminally or civilly liable?
SC: There is no violation of due process. Requirements of due
process are met once a motion to execute subsidiary writ of
execution is filed in court and the employer is required to
comment when the motion is heard. The employer will only be
held liable after proof that the accused cannot pay due to
insolvency.
PP vs. Pangunorum; April 11, 2005
Phil. Rabbit Bus Lines Inc. vs PP; April 14, 2004
The nature of liability is solidary. However, the employer may
raise the defense of diligence of a good father of a family in the
selection of his employees.
Q: You are a storeowner. The security guard assigned in your
store left his post, rode a jeepney and robbed a nearby
establishment. Are you liable?
A: You determine if the crime was made while ―in the discharge
of his duties‖. The subsidiary liability does not arise from any
and all offenses that the employees may commit, but limited to
those which he shall be found guilty of ―in the discharge of his
duties‖.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
ART. 104: WHAT IS INCLUDED IN CIVIL LIABILITY
Actual or compensatory damages:
1. Restitution – return of the thing taken away
2. Reparation – payment of its value
3. Indemnication for consequential damages – such as the
loss income while being confined in the hospital
PP vs. Pradis; July 13, 1998
Bar Q: The accused was found guilty of ten (10) counts of
Rape. When convicted, in addition to imprisonment, he was
ordered to pay indemnity of P50, 000 for each count.On appeal,
the accused questioned the award of civil indemnity for each
count arguing that there was only one and the same victim. Is
the accused correct?
SC: NO. Under the law, every person criminally liable is also
civilly liable. The civil liability is based on the crime committed
and not on the number of the victim/s. Since each count
charges different felonious acts and ought to be punished
differently, the concomitant civil indemnity ex delicto for every
criminal act should also be adjudged. Said civil indemnity is
mandatory upon a finding of the fact of Rape. It is distinct
from and should not be denominated as moral damages which
are based on a different moral foundation. (PP vsJalosjos; Nov.
16, 2001)
ART. 105: RESTITUTION
How made?
The restitution of the thing itself must be made whenever
possible, with allowance for any deterioration or diminution of
value as determined by the court.
The thing itself shall be restored, even though it be found in
the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person
who may be liable to him.
Q: A cellphone was snatched and was later pawned at a
pawnshop. The pawnshop recovered it in good faith. Can it be
recovered?
A: The thing itself shall be restored, even though it be found in
the possession of a third person who has acquired it by lawful
means, saving to the latter his action against the proper person
who may be liable to him. IOW, this is without prejudice to
whatever action that the pawnshop against he person who
pawned the item.
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This provision does not apply however, in cases where the
thing has been acquired by the third person in the manner and
under the requirements which is barred by law, such as in a
public sale and provided in good faith.
For example, the accused above is charged with Theft. Can the
court order the pawnshop to return the thing to the private
complainant? YES. Legal basis: Art. 105.
ART. 105: REPARATION
How made?
The court shall determine the amount of damage, taking into
consideration the price of the thing, whenever possible, and its
special sentimental value to the injured party and reparation
shall be made accordingly.
Example: You are a victim of Robbery inside a jeepney and one
of the things taken from you by one of the robbers was your
wedding ring. You include that – special sentimental value.
ART. 106: INDEMNIFICATION
What is included?
Indemnification of consequential damages shall include not
only those caused the injured party, but also those suffered by
his family or by a third person by reason of the crime.
You include here lost income; upon showing of proof thereof
(pay slip, proof of hospitalization).
Formula: Indemnity for Loss Earnings
Net Earning Capacity = Life Expectancy* x (Gross Annual
Income – Living Expenses**)
*Life Expectancy = 2/3 x (80 – age of the deceased at the time of his
death.
**In the absence of proof, living expenses is estimated to be 50% of
the Gross Annual Income.
PP vs. Mosa, Jr.; GR 1037042, June 17, 2003
ART. 108
What about if the accused is already dead but the decision is
already final and executory? The payment of liability is
shouldered by the heirs provided the deceased left properties.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

ART. 109: SHARE OF EACH PERSON CIVILLY LIABLE

- How is treason committed?
If there are two or more persons civilly liable for a felony, the 1. by levying/staging war against the
courts shall determine the amount for which each must pay. government
 Meaning, by taking up arms against
ART. 110: SEVERAL AND SUBSIDIARY LIABILITY the government.
 TN: it must be in collaboration with
The principals, the accomplice and accessories, each within a foreign enemy.
their respective bracket or category, shall be liable solidarily. o So even if the Philippines is at
war with Chine but if a Filipino is
ART. 111 fighting against the government
but he is not in collaboration with
Any person who has participated gratuitously (accessory) in china, he is not liable for treason.
He is only liable for rebellion.
the proceeds of a felony shall be bound to make restitution in
the amount equivalent to the extent of such participation. 2. by adherence to the enemies and giving
them aid or comfort
ART. 112: EXTINCTION OF CIVIL LIABILITY  Mere adherence is not sufficient.
 You must have the intention to
Civil liabilities shall be extinguished in the same manner as betray.
other obligations in accordance with provisions of the Civil  Ex: A said, ―I like the Chinese to
Code. rule our country.‖ Would he be
liable for treason? No. Mere
Causes of Extinction (CC): payment, loss, condonation, adherence will not be sufficient.
confusion or merger, compensation, novation There must be some physical
activity that would indicate your
ART. 113: OBLIGATION TO SATISFY CIVIL LIABILITY adherence to the enemy such as by
supplying arms.
What happens if the accused has been granted amnesty, has  By adherence, it strengthens the
been granted parole, has been granted probation, has been enemy in the conduct of war.
granted pardon, what happens to his civil liability?The same  The 2 modes must concur because if
you just give aid but you did not
will not affect his civil liability. His civil liability shall survive.
adhere to the enemy, you are not
liable for treason.

- What is the difference between the 2 ways?

END OF BOOK 1!
 The first refers to taking up arms against the
government. Whereas in the 2nd mode, the
accused might not be fighting against the
June 22, 2016 government but he adheres to the enemy by
Part 10 giving them aid or comfort. Such as:
 by giving money in order to buy weapon
TITLE I – CRIMES AGAINST NATIONAL SECURITY AND or
THE LAW OF NATIONS
 by supplying vital information,
Art 114 – Treason  by making himself as spy for the enemy,
 by giving food to the enemy
TREASON
- Breach of allegiance to the government committed by - Who can be held liable under treason?
a person who owes allegiance to the government  By any citizen or by a resident alien.
- Treason is a war crime. A person could only be held
liable if there is a war going on between our country - What about supplying prostitutes, the ―comfort
and another country. women‖? Recruiting women or commandeering
- When the BBL was passed, those who opposed the women to satisfy the lust of the enemy?
government panel, they were charged with treason.  Not an act of treason. Because whatever the
Will that prosper? accused‘s collaboration with the Japanese
 No, because our government is not at war enemy might have was only trivial and
with any government. imperceptible and unintentional.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- What about accepting public office/position?
 GR: Not treason. EXP: when it is considered
as policy determining. It means you are
occupying a highly responsible occupation
such as being a member of the cabinet.
- Is there a crime complex with treason?
 Common crimes committed by the traitor
are absorbed in treason such as murder.
ART 115 – Conspiracy or proposal to commit treason
Because when you wage war against the
government to help the enemy, it is
necessary that you kill.
 Are you liable to the ordinary crimes?
o No, they are absorbed in treason. There
is no crime of treason complex with
murder, rebellion complex murder.
Common crimes are also absorbed in
rebellion.
o Including rape. There is no crime as
treason complex with rape because it is
absorbed in treason.
- It is also considered as continuing offense just like
rebellion. What is a continuing offense?
 There are several acts committed but the
accused is liable only for one crime.
- How can treason be proved?
 It can only be proved by 2 credible witnesses
testifying for the same act. If the prosecution
presented 2 witnesses but the court doubts
the testimony of 1, the accused cannot be
convicted.
 Another way is when the accused confessed
in open court or the accused would plead
guilty.
ART 116 – Misprision of treason
 The penalty for treason is Reclusion
Perpetua.
 Treason cannot be proved by circumstantial
evidence. It has to be proved by 2 credible
witnesses. This is what we call the TWO
WITNESS RULE
- As regards adherence, it is a mental activity
manifested in the actuations of the accused.it can be
proved by only 1 witness or the act itself. Because that
is a mental activity. You cannot define what is in the
mind of the accused. It can be proved by
circumstantial evidence from the nature of the act
itself.
- The Two Witness Rule pertains to the act.
- Is the defence of suspended allegiance or change in
sovereignty be considered a valid defence?
 NO. A citizen owes absolute and permanent
allegiance to the government.
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- What about defence of obedience to the de facto
government? Valid defence?
 Yes. Obedience to the de facto government is
considered a valid defence.
- Defence of duress and uncontrollable fear?
 Also a valid defence.
- 2 concepts of conspiracy and proposal
1. It can be considered as mere
preparatory act
2. Or as crimes by themselves
 It can only be considered as crime if
there is a particular provision of law
penalizing conspiracy or proposal.
 Art 115 expressly penalizes mere
conspiracy and proposal to commit
treason
- What about if treason is actually committed?
 A person is liable for conspiracy or proposal
if the accused did not wage war against the
government. If the accused actually engages
in war he is not liable for conspiracy or
proposal to commit treason, the same will be
absorbed and considered as preparatory
acts.
 Therefore, if you file conspiracy or proposal
to commit treason, that presupposes that no
treason yet has been committed. It is still in
the conspiracy stage.
- The 2 witness rule does not apply.
- This can only be committed in times of war.
- Every person owing allegiance to the government of
the Philippines, strictly Filipino, and having
knowledge about any conspiracy who conceals or
who does not disclose the same when possible.
- The accused here has knowledge about conspiracy to
commit Treason against the government not
knowledge about treason. But he does not make
known his knowledge regarding the conspiracy to the
governor of the province or the city mayor or the city
fiscal where he resides.
- AS a RULE: you cannot be held liable if you just keep
to yourself what you know about the commission of a
crime. But if you have knowledge regarding
conspiracy to commit treason and you did not report
it to the governor or city mayor or to the provincial
fiscal, you are liable for misprision of treason. You are
punished for your silence. You are not liable as
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

accessory but as principal to the crime of misprision
of treason.
ART 117 – Espionage
- Ways in committing the crime:
1. By entering a warship or naval or military
establishment or reservation without
authority in order to obtain any
information, plans, photographs or other
date related to the defence
 The confidential data that the accused
wants to obtain has something to do
with the defence of our military. They
are military secrets.
 It is not necessary that the accused has
actually obtained. It is consummated
the moment he enters the prohibited
area mentioned.
 The accused here is an outsider.
 If insider? Para 2
2. Being in possession by reason of public
office he holds, of the articles, data,
information referred to in the preceding
paragraph, discloses their contents to a
representative of a foreign nation.
 He is a custodian of these military
secrets and he discloses such
contents
 The information has something to do
with defence of our country
 What about if the information is
confidential but it has nothing to do
with thedefence of our country? Is he
liable?
o NO but liable for another crime.
It could be infidelity of the
custody of public records or
violation of Para k, Section 3 of
RA 3019 about Anti-Graft and
Corrupt Practices Act.
o CA 616
June 24, 2016
Part 11
Article 118. Inciting to war or giving motives for reprisals. —
Elements:
1. Offender performs unlawful or unauthorized acts
2. Acts provoke or give occasion for a war involving or
liable to involve the Philippines or expose Filipino
citizens to reprisals on their persons or property.
The sultanate of Sulu claims that Sabah is a part of the
Philippines. Kiram was the sultan of Sulu. Sabah was paying
lease to the sultanate of Sulu because the kingdom was the
owner of Sabah. Kiram sent around 100 heavily armed men to
Sabah in order to recover Sabah from the rule of Malaysia. The
act of Kiram in sending armed men to Sabah would be
considered as Inciting to War or Giving Motive for Reprisals.
His act of sending armed men to Sabah in order to free Sabah
from Malaysia may provoke Malaysia or give occasion for a
war.
Article 119. Violation of neutrality.
Elements:
1. There is a war which Philippines is not involved
2. There is a regulation issued by competent authority
for the purpose of enforcing neutrality
3. Offender violates the regulation
Article 120. Correspondence with hostile country.
Elements:
1. Time of war in which Philippines is involved
2. Offender makes correspondence with an enemy
country or occupied by enemy troops
3. Correspondence is:
a. Prohibited by Government
b. Carried on in ciphers or conventional signs
c. Containing notice or information which
might be useful to the enemy
Ciphers or conventional signs
- Codes
If the offender intended to aid the enemy by giving notice or
information, the penalty is higher.
Article 121. Flight to enemy country.
Elements:
1. War in which the Philippines is involved
2. Owes allegiance to the Government
3. Offender attempts to flee or go to enemy country
4. Going to enemy country is prohibited by competent
authority
Section Three – Piracy and mutiny on the high seas in
Philippine waters
Article 122. Piracy in general and mutiny on the high seas.
- Piracy is robbery in the sea.
- There is still jurisdiction even if committed beyond
the Philippine territory. Piracy is punishable
anywhere. Pirates can be prosecuted in our country.
2 Ways of Committing Piracy:
1. Attacking or seizing a vessel on the high seas or in
Philippine waters

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
2. Seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement
or passengers
2 laws that govern Piracy:
1. Article 122-123 RPC
2. PD 532
 Under the RPC, only a stranger is liable for Piracy. If
the one who took away the belongings of the crew or
passenger is also a passenger or member of a crew,
the crime is not piracy but robbery.
 Under PD 532, even a mere passenger can be held
liable for piracy. However, PD 532 is only applicable
if committed within Philippine waters. It does not
mention high seas. It only mentions territorial waters.
Article 123. Qualified Piracy
- Special Complex Crime, single indivisible offense that
has a specific penalty
- RP to Death for those who commit piracy:
a. Whenever the offenders have seized the vessel by
boarding or firing upon the same
b. Whenever the pirates have abandoned their victims
without means of saving themselves
c. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape
- Crime is still qualified piracy regardless of the
number of rape and kills or victims
RA 6235 (Hijacking)
- Robbery in the air
1. Compel a change in the course or destination of an
aircraft of Philippine registry
2. Seize or usurp the control thereof, while it is in flight
3. Compel an aircraft of foreign registry to land in
Philippine territory to seize or usurp thereof while in
the territory.
4. Bringing inside the airplane any explosive, flammable
or corrosive substance.
An aircraft is in flight from the moment all its external doors
are closed following embarkation until any of such doors is
opened for disembarkation.
TITLE II – CRIMES AGAINST THE FUNDAMENTAL
LAWS OF THE STATE
- Crimes against certain provisions of the
constitution
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Arbitrary Detention
- 3 Classes (Article 124, 125 and 126)
ARTICLE 124. Arbitrary Detention
Elements:
1. Public officer or employee
2. Detains a person
3. Without legal grounds
- Only a public officer or employee can commit this
offense and the public officer/employee must
have the authority to detain.
- Legal grounds for detaining without any warrant
of arrest:
1. Commission of a crime
2. Violent insanity
3. Ailment
- A janitor arresting his neighbour without any legal
ground believing his neighbour is selling drugs.
The janitor of city hall is a government employee
but he is not liable for arbitrary detention. He has
no authority to detain.
- Public officers with authority to detain:
1. Law enforcers (police, NBI)
2. Judges
3. Mayors
4. Governors
5. Barangay Captains
- Even with authority but without legal ground,
they are liable for arbitrary detention
- Private individuals who conspire with public
officers in detaining persons without legal ground
could be held liable for arbitrary detention.
- Under article 124, there is no minimum period
time. The penalty depends on the length of time
when the victim was detained.
- Connect this article with section 5 rule 113 of the
Criminal Procedure
Section 3 and 5 Rule 113
- Circumstances where a warrantless arrest can be
validly effected.
- Outside the circumstances mentioned under the
rule, the arrest will be illegal even if a person
committed a crime.
- Arrest without warrant can only be done when the
crime is committed in his presence or has personal
knowledge regarding the commission of the crime
and immediately arrested the person committing
the crime
Detention
- Does not only mean actual confinement.
- There is detention even if the person can freely
move in and out of his cell and even could take
meals outside the prison but still under
surveillance or escape.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

- The officer is not liable

- Article 125 is only applied in warrantless arrest
If the person detaining another is a private person or even if he
- There is already a pending case in court
is a public officer but does not have any authority to detain,
- The duty of the officer is only to bring the person
the crime committed is not arbitrary detention but illegal
to the nearest police station and then to court
detention.
A private person can arrest another if he commits a crime in
his presence. Failure to file the case in court will not result in
ARTICLE 125. Delay in the Delivery of Detained Persons to arbitrary detention but illegal detention.
the Proper Judicial Authorities.
If the detained person wants to avail of preliminary
- The arrest is with legal ground. The person investigation instead of inquest proceedings he must sign a
detained has committed a crime however the waiver or abandonment of his right under Article 125 duly
arresting officer failed to file a case against the assisted by counsel. The article gives the arrested person the
arrested person within the period of: right to file a case if the arresting officer does not file the case
1. 12 hours – light penalties within the reglementary period.
2. 18 hours – correctional penalties
- Remedy of the counsel for arbitrary detention
3. 36 hours – afflictive or capital penalties
would be to file for habeas corpus
Deliver - If the habeas corpus is granted therefore the
detention is illegal, the next step would be to file
- Does not only mean the literal delivery but also
for arbitrary detention against the arresting officer.
the filing of the appropriate case in court.
- The eventual filing of the case after the
Criminal Procedure reglementary period will not extinguish the crime
of arbitrary detention.
- When a person is arrested without warrant (in
flagrante delicto), he is not entitled to preliminary ARTICLE 126. Delaying Release
investigation. Preliminary investigation cannot be
- Any public officer or employee who delays the
finished within 12 hours. Instead, he is subjected
performance of any judicial or executive order for
to inquest proceedings. It is a summary
the release of a prisoner or detention prisoner, or
proceeding to determine whether the arrest was
unduly delays the service of the notice of such
legal.
order to said prisoner or proceedings upon any
- Police officers would not be the ones to file the
petition for the liberation of such person.
case in court but will file it in the prosecutor‘s
office. Suppose the prosecutor does not Acts punishable:
immediately file the case in court, the arresting
1. Delaying the performance of a judicial or executive
officer must release the person arrested. It is not
order for the release of a prisoner.
the prosecutor who will be liable for arbitrary
2. Unduly delaying the service of the notice of such order
detention because it was not the prosecutor who
to said prisoner.
arrested the detained person. The arresting officer
3. Unduly delaying the proceedings upon any petition
will still be liable if not filed on time.
for the liberation of such person.
If a police officer caught a person in the act of slight physical
An accused is not found guilty of the crime. The accused is
injuries. It is a light offense. A case must be filed in 12 hours.
under detention. Aside from ordering the dismissal of the case,
Suppose the person who committed the crime is arrested at 6
the court will order the detention officer/jail warden to
o‘clock in evening of Friday. Over the weekend there is no
immediately release the accused. If the jail warden will not
office or courts except some courts of Cebu City. The arresting
comply with the order of the court or immediately release the
officer was only able to file the case 8 o‘clock on Monday.
prisoner then the warden is liable under article 126. The
- The arresting officer is not liable penalty is as in article 124.
- Insuperable Cause (beyond the control of the
The same crime is committed if a public officer is charged with
officer)
the service of order but purposely delay the service of the
- The arresting officer must file in the first hour of
order to the jail and the release of the detainee is delayed. The
the next working day.
courts have a sheriff or process server. The process server
- Soria vs. Desierto 125 Phil 313
delivers the order of the court to the proper address.
If the court issued a warrant of arrest then the police officer
- The process server purposely delays the delivery
arrested the subject on a Monday but was able to bring the
of the service therefore the jail warden could not
arrested person in court on Wednesday. The crime committed
release the detained person. The process server
was Attempted Homicide (correctional).
will be the one liable for delaying release.

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Unduly delaying the proceedings
- A petition for the issuance of a writ of habeas
corpus should be treated with urgency by the
court. It should be handled with preference.
- A court that deliberately delays the proceedings,
the judge will be liable for delaying release.
ARTICLE 127. Expulsion
- Prostitutes in Manila that were ordered by the
mayor to be transported to Davao City. The
prostitutes were forcibly brought to Davao City.
The Mayor and the Chief of Police committed the
crime of expulsion.
Acts punished:
1. Expelling a person from the Philippines
2. Compelling a person to change his residence.
- Not being authorized by law.
There are instances where a person is legally compelled to
change his residence:
1. Deportation by President or Commissioner of the
bureau of Immigration
2. Ejectment Proceedings
ARTICLE 128. Violation of Domicile
- Committed by a public officer or employee not
authorized by law or judicial order:
1. Entering any dwelling against the will of the
owner.
 Mere lack of consent is not enough
 There must be an opposition or prohibition
to enter
2. Searching papers or other effects found without
the previous consent of such owner
3. Refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave.
If a police officer enters the house of his neighbour without the
neighbour‘s consent and upon the arrival of the neighbour he
was asked to leave and the police officer left without question.
- There was no crime under Article 128
If he enters the house and searched papers then he is liable
under Article 128.
If he enters in the house and just watches TV.
- The officer is not liable for trespass to dwelling
because it is only committed by private persons.
Aggravating Circumstances:
- Night time
- Any papers were not returned immediately
Elements:
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1. The offender is a public officer or employee
2. He is not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers or
other effects.
- There is no search warrant
ARTICLE 129. Search Warrants Maliciously Obtained, and
Abuse in the Service of Those Legally Obtained.
A. There is a search warrant but criminally liable
because there was procurement of a search warrant
without just cause.
 There was no probable cause determined by
the judge
 The applicant of the search warrant was only
making stories or the witnesses were not
telling the truth and the judge issued the
search warrant basing on the false
testimonies.
- There was use of a search warrant without just
cause. The public officer who procured the search
warrant without just cause will be liable for Article
129 and other offenses in connection with the
issuance of the search warrant. It is said under
Article 129 ―in addition to the liability attaching to
the offender for the commission of any other
offense.‖ Lying under oath will make him liable
for perjury. This will be an example of a two tiered
penalty. He will be liable for each crime he
committed.
B. Another crime under this article is exceeding his
authority or using unnecessary severity in the
execution of the search warrant. This presupposes
that the search warrant was validly procured when
he serves the search warrant.
- the police officer served the search warrant for
illegal drugs but the police officers not only
searched for illegal drugs but also other properties
found in the house of the subject such as titles of
land and vehicles but still subject to the Plain View
Doctrine. If the contraband not subject of the search
warrant is found in plain view, it can be confiscated
even if not included in the search warrant. The
properties talk about here in the article is not
contraband.
ARTICLE 130.
- Search here is with search warrant, with court order but
what makes it a crime? The search was conducted in the
absence of the subject, in the absence of any lawful
occupant or any member of his family
- But if they are all on vacation, in the presence of 2
witnesses who are residing in the same locality.
EX: You serve a search warrant. The media was also there.
When you arrive at the place there was no one around or no
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
one home. So you did your search in the presence of the media.
Liable for violation of Art 130?
 Yes, if none of the media is residing in the said barangay
where the search was conducted. But if there were 2 who
were residents of that barangay, no crime.
- What if the one searched by the law enforcers is a car
parked in a parking area. Are those crimes committed?
o Refer to the case of GalvantevsCasimero 552 SCRA 304 –
the answer to the question
ARTICLE 131
- This is about prohibition, interruption and dissolution of
peaceful meetings
- TN of the word peaceful
- Any public officer or employee who, without legal ground,
shall prohibit or interrupt the holding of a peaceful
meeting, or shall dissolve the same is liable for violation for
Art 131.
- When we say prohibit, there could be no meeting yet. So a
person is prohibited from attending a meeting or if there is
already a meeting, the same was interrupted or dissolved.
The public officer who committed those acts could be held
liable for violation of Art 131.
- To be held liable, the meeting dissolved must be
peaceful. If the public officer dissolved the meetingbecause
it has become chaotic then this crime is not committed.
- One of the elements: the one dissolving or interrupting the
peaceful meeting should be a public officer who is a
stranger, who is not part of the meeting.
o If he is a private person then the crime committed will
be disturbance of public order under Art 153; or
o If he is a public officer but he is a participant then it
could be unjust vexation
- TN that this article has something to do with the
constitutional right of the people to peaceably assemble.
The right to meet is not absolute.
o The government, including LGUs including has the
power to prescribe regulations to promote order and
safety as well as the general welfare of the people.
o In life with the police power of the state.
o LGU may pass an ordinance requiring those who will
assemble to secure a permit first before they are
allowed to meet or to conduct a rally. Why?
 So that the LGU may know who are the organizers
and who can be held liable if there would be
chaos.
- The peaceful meeting here could be a religious meeting
132 and 133
- Something to do with freedom of religion
- 132 – public officers; 133 – any person so could be a private
person
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ARTICLE 132
- Committed by any public officer or employee who shall
prevent or disturb the ceremonies or manifestations of
nay religion.
- Ceremony or manifestation – mass (for Catholics), service
(for non-Catholics), prayer meeting
- If that mass or service is being interrupted, is being
stopped without any valid reason then the public officer
who made such interruption or who prevents the conduct
of the same could be held liable for interruption of religious
worship.
- Ceremony or manifestation may not necessarily be held
inside the church. It could be held inside the house. If the
holding of one is prevented or disturbed or interrupted by
a public officer then the public officer is liable for
interruption of religious worship.
- If a private person does not notoriously interrupt the
religious ceremony and the purpose is not to mock or
offend the religious feelings, the private person could he
held liable for unjust vexation.
- But if the purpose of the private person is to mock or
offend the religious feelings of the faithful then the crime
committed could be violation of Art 133, offending the
religious feelings.
ARTICLE 133
- The accused here performs an act which is to ridicule or
aimed to mock or offend the feelings of the faithful
- Case of Carlo Celdran: He was against the church because
he is against the RH Bill. In the middle of the mass, he
brought a placard with the words ―Father Damaso‖ and
walked down the aisle. Charged with violation of Art 133
but case is still pending.
o According to accused he cannot be held liable for the
crime because he had no intent to offend the feelings
of the people who attended the mass because his
purpose was just to express his feelings. He was just
exercising his freedom of expression. Still pending
with the CA.
- PP vsBaes68 Phil 203
- What are some acts which are considered notoriously
offensive to the feelings of the faithful?
o Throwing stones at the people making a procession
o Calling the pope as the commander of Satan
TITLE III – CRIMES AGAINST PUBLIC ORDER
ARTICLE 134
- How is rebellion committed? Elements:
1. That there be (a) public uprising, and (b) taking arms
against the Government
2. That the purpose of the uprising or movement is
either:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
A. To remove from the allegiance to said Government or its
laws:
(1) The territory of the Philippines or any part thereof; or
(2) Any body of land, naval or other armed forces; or
B. To deprive the Chief Executive or Congress, wholly or
partially, of any of their powers or prerogatives.
- Can just 1 person commit this? This is a crime of the masses
or a vast movement of men seeking to change the
established or crime of the masses.
- Purpose: either to remove the allegiance to the government
or its laws, the Philippine territory or any part thereof, or
any body of land, naval, or other armed forces, or deprive
the Chief Executive or Congress,wholly or partially, any of
their powers
- What is the crime committed if thousands of armed men
would attack and occupy the provincial capitol of Bohol
and their purpose is to declare the Independent Republic of
Bohol. Because they do not want to become part anymore
of the Government of the Republic of the Philippines
because the national government neglected them. What is
the crime committed by the group of armed men?
o That is rebellion. There is public uprising and the
purpose is to remove from allegiance from the
Philippine government a portion of its territory.
- TN that size does not matter.
EX: A barangay, residents of that barangay would rise against
the government and take up arms and they would declare
their barangay as independent from the Republic of the
Philippines. What is the crime committed?
o That is rebellion. There is public uprising and taking
up of arms and the purpose is to remove from the
allegiance to the government a portion of its territory.
– Same with MILFs case, Bangsamoro
EX: Thousands of armed men calling themselves ―Red Army of
God‖ led by General Pacman and would attack the Congress
in order to prevent the Congress from signing the divorce bill
and freedom of expression bill. What is the crime committed?
o The crime committed is rebellion. There is public
uprising and taking up of arms against the
government and the purpose is to deprive the
Congress of its power.
EX: A group of persons would take up arms in order to
prevent the SC from exercising its powers. What is the crime
committed?
o Not rebellion, since SC is not included here. Only the
Chief Executive or the President, or the Congress
wholly or partially. If the purpose of the uprising and
the taking of arms is to prevent the SC from exercising
its powers then that could not be rebellion. It is not
anymore included in the definition of rebellion. The
crime could be sedition.
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- Rebellion is only a crime once it fails. If it succeeds, they
become heroes.
EX: EDSA 1 – if it was a failure then the leaders would have
been placed behind bars, rebellion. But since it succeeded, they
are heroes.
- It is a continuing offense – offender commits series of acts
but his act will be considered as one crime
- Common crimes are absorbed in rebellion: murder,
homicide, and robbery. But they cannot be held liable for
common crimes if they commit these crimes in furtherance
of rebellion.
EX: Commit murder but not in furtherance of rebellion but for
private purpose. Like killing a man since he believed that it is
his wife‘s paramour, not considered as in furtherance of
rebellion. Be held liable for murder.
- Common crimes committed for personal reasons and not in
furtherance of rebellion are punished separately.
EX: Sometime in 1988, Enrile was one of those people who
started a coup d‘état against Cory Aquino (no law prohibiting
coup d‘état yet). He was also part of the EDSA. Being one of
the leaders,he was charged with rebellion. The penalty for
rebellion is prision mayor (Why only this? Since rebellion is
considered a political crime.)The government during that time
didn‘t want Enrile to put up bail (prision mayor is bailable) so
they complexed the crime with murder. If Art 48 is applied, the
crime with the greater offense will be applied. Rebellion
complexed with crime, non-bailable. Justice Secretary before
was Drilon.
Before this case, there were those cases similar to this like
(1950s cases): PP vs Hernandez, PP vs Geronimo. SC said,
rebellion cannot be complexed with common crimes because
common crimes are absorbed. The government tried to argue,
those killings were not done in furtherance of rebellion. (In
furtherance – as a means to commit rebellion.) It was done on
occasion of rebellion (there is rebellion going on and you
commit murder). But SC refused to make a distinction re: in
furtherance and on occasion. Whether the killing is done in
furtherance of rebellion or on occasion of rebellion, common
crimes are absorbed. (Enrilevs Salazar, 186 SCRA 217)
- This provision has been amended.
1. Penalty is already reclusion perpetua.
2. There is a separate provision for coup d‘état
3. The phrase before ―who while holding any public office or
employment takes part therein engaging war against the
forces of the government, destroying property or committing
serious violence, exacting contributions or diverting funds
appropriated‖. This phrase has already been deleted.
The consequence of this deletion is that rebellion can
now be complexed with common crimes. But there is
no recent jurisprudence so the controlling
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

jurisprudence is Enrilevs Salazar. So, common crimes - TN: definition, who can be held liable, and the purpose of
are absorbed in rebellion. the attack
- Distinguish rebellion from treason: (**be able to know)
TREASON REBELLION
ARTICLE 135
The purpose of staging It is not
the war is to help the - The principal offenders in coup d‘état are: military, police
enemy or persons holding public office.
- Penalties – before punishable only by prision mayor but
Adherence to the enemy Adherence to the rebels now:
and giving aid and even giving them aid or Leaders– By reclusion perpetua, the same with coup d‘état
comfort is treason comfort is not rebellion Participants of rebellion – Reclusiontemporal so bailable
Person in the government who participates or executes
EX: If the government is fighting a foreign enemy and a group
direction or commands of others – Reclusion temporal
of persons are also fighting against the government but not for
Civilian who supports or finances or aids in undertaking
the purpose of helping the foreign enemy. They are liable for
coup d‘etat – Prision mayor in its maximum
rebellion and not for treason.
- If not certain who the leader is under, any person who
directed the others, spoke for them (spoke to the media or
spokesman), signed receipts, shall be their leader
- What is the crime committed if it is a group of military elite
would attack the TV station and the purpose is to cease or
diminish government powers? Coup d‘état.
ARTICLE 134-A

- This is the amendment, coup d‘etat ARTICLE 136

- How is it committed? The clue here is swift attack to whom
or to which it is directed, and for what purpose is that
- About conspiracy and proposal to commit coup d’état,
attack
rebellion or insurrection
- Coup d‘état – a swift attack directed against duly - Another instance wherein mere conspiracy and proposal
constituted authorities of the Republic of the Philippines, or are being penalized by law. As a rule, when there is no
any military camp or installation, communications provision of law particularly penalizing proposal or
networks, public utilities or other facilities needed for the
conspiracy, it is merely considered as preparatory acts.
exercise and continued possession of power.
- Who conducted or committed the swift attack – any
persons belonging to the military or police, or holding any
ARTICLE 137
public office or employment with or without civilian
support. (Civilians who support will be held liable)
- About disloyalty of public officers and employees
- Swift attack accompanied by violence, intimidation, threat,
- Acts of disloyalty:
strategy or stealth.
1. Pubic officers or employees who have failed to resist a
REBELLION COUP D‘ETAT
rebellion (in order to be held liable for this crime, there
must be rebellion). Wherein he is not a participant but he
Requires a multitude of Does not require a failed to resist rebellion using all means within his power,
people. multitude of people. Can be or
conducted by a compact 2. Shall continue to discharge the duties of their offices under
and select group belonging the control of the rebels; or
to the military or police, or 3. Would even accept appointment to office under them.
- If in conspiracy with the rebels so the crime would not be
holding any public office or
disloyalty but rebellion.
employment.

Requires public uprising.
Coup d‘état It does not also
require public uprising
because it relies more on the
swiftness and stealth
necessary for seizing power.
ARTICLE 138
- About inciting to rebellion or insurrection
- Inciting - inducing
- Any person who, without taking arms or being in open
hostility against the Government, shall incite others to the
execution of any of the acts mentioned in Art 134 by means

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
of speeches, proclamations, writings, emblems, banners or
other representations towards the same result could be
held liable for inciting to rebellion or insurrection.
- Something to do with our freedom of expression or speech.
EX: Let us make this government fall and let us make a new
government, a government for the poor and oppressed. That
can be considered as inciting to rebellion or insurrection.
EX: If those people induced would actually fight against the
government because of its inducement. What is the crime
committed by the person inducing them? Rebellion, not
anymore inciting to rebellion.
- Inciting to rebellion is committed when rebellion did not
take place in spite of his inducement. If those people he
induced would actually fight against the government
because of his inducement, the crime committed is
rebellion and he is considered as principal by inducement.
Those people who fought against the government are
considered as principals by direct participation.
***Learn to distinguish one from the other: rebellion, sedition, coup
d’état.
ARTICLE 139
- How is sedition committed? Sedition is committed by
persons who rise publicly and tumultuously. There is also
public uprising here. Cannot be committed by one person,
at least 4 because of the word tumultuously.
- Purpose of the participant is to have redress of their
grievances outside of legal means
- They rise publicly and tumultuously in order to attain by
force, intimidation or other means outside of legal methods
and any of the 5 purposes:
1. Prevent the promulgation or execution of any law of the
holding of any popular election
EX: What is the crime committed if a group of persons would
rise publicly and tumultuously in order to prevent the holding
of the May 11 election? That is sedition.
- They do not want to overthrow the government. They do
not want to deliver the country to the foreign enemy. They
want to achieve their goals by violence, intimidation or
other means outside of legal means.
EX: What is the crime committed if a group of persons,
numbering from 50-100 would rise publicly and tumultuously
(violently, disorderly) in order to prevent the DOH from
implementing the RH law? They do not want the DOH to
distribute condoms, pills, etc. Sedition is the crime committed.
EX: They rise publicly or tumultuously to prevent the DAR in
implementing the CARP Law. What is the crime committed?
Sedition.
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2. Prevent the National Government, or even the Local
Government or any public officer thereof to freely exercise
their function of their powers, or to prevent the execution
of any administrative order
EX: The acting mayor issued an order for the return of the city
issued cars. The barangay captains numbering to 100 rise
publicly and tumultuously in order to prevent the city mayor
from implementing such order. What is the crime committed?
Sedition.
EX: City mayor issued an order to remove all those informal
settlers living along the creek/s. The informal settlers
organized themselves and rise publicly and tumultuously in
order to prevent the city government from removing them or
driving them away. What is the crime committed? Sedition.
EX: A group of policemen are trying to serve the warrant of
arrest against the accused, Jaguar but the neighbors of Jaguar
rise public and tumultuously in order to prevent the police
from serving the warrant of arrest or arresting the accused.
What is the crime committed? Sedition because they want to
prevent the National government or is officers to exercise their
functions.
3. Inflict hate or revenge upon the person or property of the
public officer or employee
EX: The mayor issued an order to clear the sidewalks from all
sidewalk vendors. The sidewalk vendors resisted, got angry
with the mayor, marched and rise publicly and tumultuously.
They went to City Hall looking for the mayor since they want
to kill him or beat him black and blue. What is the crime
committed? Not only direct assault but sedition. If there is no
public uprising and they only attacked the mayor that is now
direct assault. If the attack is coupled with public uprising, that
is sedition.
EX: They are looking for the mayor but they were not able to
see the mayor, only his car. They vent their ire on the car of the
mayor. They destroyed the car by striking it. What is the crime
committed? Not only malicious mischief because there is
public uprising, that is sedition.
4. Commit, for ant political or social end, any act of hate or
revenge against private persons or any social class
- TN that in sedition that the victim here could be private
persons
EX: A group of persons would rise publicly and tumultuously
and would kill all the Chinese or Turks or gays. What is the
crime committed? Sedition.
5. Despoil (take away), for any political or social end, any
person, municipality or province, or the National
Government of all its property or any part thereof
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
EX: A group of persons would rise publicly and tumultuously
and would forcibly open the warehouse of the NFA and take
away all the sacks stored therein. What is the crime committed?
Not only theft but is sedition.
- In order to commit sedition there must be public uprising
plus any of those purposes. (memorize or familiarize)
- PP vsUmali 96 Phil 185: About a Congressman who hired
rebels in order to kill his opponent in an election. He
thought that he was going to lose. So the person killed the
opponent. What is the crime committed? SC said that the
crime committed is sedition under Par 3, Inflict hate or
revenge upon the person or property of the public officer
or employee.
- PP vsTahil 52 Phil 318: About resisting a warrant of arrest
under Par 2, Prevent the National Government, or even the
Local Government or any public officer thereof to freely
exercise their function of their powers, or to prevent the
execution of any administrative order
- If there is not public uprising and any of those purposes or
acts is committed that is not sedition. If there is public
uprising but none of those purposes is present then there is
no sedition. It should be public uprising plus any of the
purposes.
- Common crimes are not absorbed in sedition. The accused
liable for sedition can also be held liable for murder. Or
could be liable for malicious mischief.
ARTICLE 140
- Penalty:
Leader – Prision mayor in its minimum period
Mere participants – Prision correctional
ARTICLE 141
- There is conspiracy to commit sedition.
- Proposal to commit sedition is not punishable. Proposal to
commit sedition is merely a preparatory act because there
is no particular provision penalizing the act.
ARTICLE 142
- Inciting to commit sedition
- Something to do with our freedom of speech, freedom of
expression
- Clear and present danger
- Dangerous tendency rule
- Acts:
1. By speeches
2. Uttering seditious words
3. Writing or circulating scurrilous (obscene) libels
June 26, 2016
Part 12
Art. 142. Inciting to Sedition
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Different acts of inciting to sedition:
1. Inciting others to the accomplishment of any of the
acts which constitute sedition by means of speeches,
proclamations, writings, emblems etc.
- This has something to do with our freedom of
speech.
2. Uttering seditious words or speeches which tend to
disturb the public peace.
3. Writing, publishing or circulating scurrilous libels
against the Government or any of the duly
constituted authorities thereof, which tend to disturb
the public peace.
i. Which tend to obstruct any lawful officer in
exercising the functions of his office; or
ii. They tend to instigate others to cabal and meet
together for unlawful purposes; or
- Meaning to secretly meet.
iii. They suggest or incite rebellious conspiracies or
riots; or
iv. The lead or tend to stir up the people against the
lawful authorities or to disturb the peace of the
community, the safety and order of the
Government.
This provision may affect or may have something to do with
our freedom of speech or freedom of the press bec under this
provision, if the speech or writing tends to disturb or obstruct
any officer from executing the functions of his office. Or if such
writings or speech tend to instigate others to meet together for
unlawful purpose. Or tend to stir up people against the lawful
authorities, then such writings or speech or words uttered may
be punished under this article.
Recall from Political Law:
2 RULES RELATIVE TO SEDITIOUS WORDS:
1. CLEAR AND PRESENT DANGER RULE
- Meaning, if there is a danger of public uprising
and such danger is both clear and imminent, the
seditious words uttered can be held punishable.
- IOW, the words must be of such a nature that by
uttering them there is a danger of a public
uprising and that such danger should be both
CLEAR and IMMINENT.
- It is required that there must be a reasonable
ground to believe that the danger apprehended is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
imminent and that he evil to be prevented is a
serious one.
- If the alleged seditious words would encourage
public uprising but the danger is not clear and
imminent, those utterance of those words need
not be punished.
2. DANGEROUS TENDENCY RULE
- The utterance or the writings are being punished
if there is a mere tendency that the same would
bring public uprising.
- If the words used tends to create a danger of
public uprising, then those words could properly
be the subject of this law.
- The mere fact that there is a tendency that by
your utterances the people would be encouraged
to rise against the government, then that is
punishable. That would constitute inciting to
sedition.
But we observe that this law (RPC) was enacted in 1930 when
we were still under the Americans. Meaning our freedom then
was limited. But now you see people march and rally on the
streets, and we just let them. That is why now, at the present
set- up we don‘t follow this dangerous tendency rule but the
Clear and Present Danger.
- Even if you utter seditious words but the same
would not create clear and present danger, that
will just be tolerated.
Case: Espuelas vs People: The accused has his
picture taken, making it appear as if he were
hanging lifeless at the end of a piece of rope
suspended from a tree. He sent copies of the
photograph to newspapers and weeklies of
general circulation, with suicide note allegedly
written by a fictitious suicide, Alberto Reveniera,
and addresses to the latter‘s supposed wife. The
note contained words that he committed suicide
because he was not pleased with the
administration of Pres. Roxas; and that our
government is infested with many Hitlers and
Mussolinis for which reason he cannot hold high
brows to the world with the dirty government.
He instructed his children to burn pictures of
Roxas if and when they come across them.
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SC: He was convicted. Just by having a picture of
himself and sending them to the newspaper
outlets constitute sedition. Because his act tends
to instigate public uprising, so the rule followed
at that time was the dangerous tendency rule. As
long as the words you uttered would tend to
instigate others to rise against the government
then that‘s punishable.
But now, this doesn‘t apply anymore. Because we
have so much freedom. Specially in the social
media, sky is the limit. Again, WHAT WE
FOLLOW NOW IS THE CLEAR AND PRESENT
DANGER RULE.
Art. 143 Acts tending to prevent the meeting of the Assembly
and similar bodies.
Elements:
1. That there be a projected or actual meeting of the
National Assembly (meaning, the Congress) or any of
its committees or subcommittees, constitutional
committees or divisions thereof, or of any provincial
board or city or municipal council or board.
2. That the offender who may be any person prevents
such meeting by force or fraud.
- The accused here prevents the meeting.
- DISTINGUISHED FROM REBELLION.
In rebellion there is public uprising and one of the
purposes is to prevent the Congress from performing
their functions. So if a group of persons stage public
uprising in order to prevent the Congress from
exercising its powers, then that is rebellion. BUT if
there is no public uprising, as when a person only
prevents a Congressman from attending the session,
the crime committed is Art. 143.
- The purpose here is similar to Rebellion or sedition
but there is no public uprising. You recall however in
your Political Law that the Congress can cite a person
in contempt if that person would prevent the
members of Congress from attending the session or
meeting. Meaning this is without prejudice to the
contempt power of Congress.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Art. 144. Disturbance of proceedings.
Elements:
1. That there be a meeting of the National Assembly or
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or city or
municipal council or board.
2. That the offender does any of the following acts:
a. He disturbs any of such meetings.
b. He behaves while in the presence of any such
bodies in such a manner as to interrupt its
proceedings or to impair the respect due it.
- Here there is already a meeting but the same is being
disturbed. Or the same is being interrupted.
- Including the disturbance of the meeting or session of
the local legislative bodies. There is a session going on
but the same is being interrupted by any person.
Q: What about if what is being disturbed is the proceedings of
the Prosecutor’s Office, or of the Courts, and there is no public
uprising? What is the crime committed?
A: It could be a violation of Section 1 (par. e) of PD 1829,
Obstruction of Justice. Of course if what is being disturbed are
the proceedings of the court, the court has its contempt power,
without prejudice to the appropriate criminal case that can be
filed against the person who disturbs the proceedings.
Art. 145 Violation of parliamentary immunity
Acts punishable:
a. By using force, intimidation, threats, or frauds to
prevent any member of the National Assembly from
attending the meetings of the Assembly or of any of
its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
from expressing his opinions or casting his vote.
Elements:
1. That the offender uses force, intimidation, threats
or fraud;
2. That the purpose of the offender is to prevent any
member of the National Assembly from
a. attending the meetings of the Assembly or of
any of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or
b. expressing his opinions or
c. casting his vote.
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b. By arresting or searching any member thereof while
the National Assembly is in regular or special
session, except in case such member has committed a
crime punishable under the Code by a penalty higher
than prision mayor. (Judge: prision mayor or higher)
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of the
National Assembly;
3. That the Assembly, at the time of arrest or search
is in regular or special session
4. That the member arrested or searched has not
committed a crime punishable under the Code by
a penalty higher than prision mayor.
Art. 146 Illegal Assemblies
TWO KINDS OF MEETING BEING PENALIZED:
1. Any meeting ATTENDED BY ARMED PERSONS for the
purpose of committing any of the crimes punishable under
the Code.
Requisites:
a. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving;
b. That the meeting is attended by armed persons;
c. That the purpose of the meeting is to commit any of
the crimes punishable under the Code.
2. Any meeting in which the audience, WHETHER ARMED
OR NOT, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or assault upon
a person in authority or his agents.
Requisites:
a. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving
b. That the audience, whether armed or not is incited to
the commission of the crime of treason, rebellion, or
insurrection, sedition or direct assault.
 There is illegal assembly if the meeting is attended by
armed men and the purpose is to commit any crime
in the RPC.
 There is also illegal assembly when the meeting is
attended by armed or unarmed.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

- So if the purpose of the meeting is to commit rebellion,

sedition or treason, the persons attending the meeting
could be without arm.
Q: Who are these public officers who has the power to execute laws?
- The penalty is higher for the organizers or leaders than the 1. Governors
mere participants. 2. Mayors
3. Brgy Captain
Q: How do you determine who’s the leader? 4. Judges

A: IF ANY PERSON PRESENT AT THE MEETING - Under the LGC, Section 388, the following are also
CARRIES AN UNLICENSED FIREARM: considered persons in authority:
1. Punong Brgy/ Brgy. Captain
1. It is presumed that the purpose of the meeting insofar
2. Kagawads/ Brgy. Councilors
as he is concerned is to commit acts punishable under
3. Members of the Lupong Tagapamayapa
the Code; and
2. He is considered a leader or organizer of the meeting.
Under the last paragraph of Art 152, just for the purposes of
Art. 147 Illegal Association. Art 148, 149 and 151, the following shall also be deemed
persons in authority.
ILLEGAL ASSMEBLY ILLEGAL ASSOCIATION
1. teachers, professors and persons charged with the
It is necessary that there is an Not necessary that there be supervision of public schools or duly recognized private
actual meeting or assembly of an actual meeting. schools, colleges and universities and
armed persons for the
2. lawyers in the actual performance of their professional
purpose of committing any of
duties or on the occasion of such performance.
the crimes punishable under
the Code, or of individuals Q: What about an AGENT OF A PERSON IN AUTHORITY?
who, although not armed are
incited to the commission of A: Under the 2nd par. of Art 152, any person who by direct
treason, rebellion etc. provision of law or by election or by appointment by
competent authority, is charged with the maintenance of
It is the meeting and Mere act of forming or
public order and the protection and security to life and
attendance at such meeting organizing; and mere
property, such as barrio councilman, barrio policemean and
that are punished. membership in that assoc is
barangay leader, and any person who comes to the aid of
punishable.
persons in authority , shall be deemed an agent of a person in
authority.

Art. 148 DIRECT ASSAULT- Very Important! Examples:

 Law enforcers
(But first we jump to Art. 152)  Policemen
Art. 152 Persons in authority and Agents of persons in  NBI
authority- Who shall be deemed as such.  Brgy. Tanod
 Members of the CITOM
Q: What do you mean by person in authority? Are all employees in
the government considered persons in authority? Who are those - They are considered agents of a person in authority
considered persons in authority? because their main function is to maintain public
- A PERSON IN AUTHORITY IS ONE DIRECTLY order and the protection and security to life and
VESTED WITH JURISDICTION. property.

- It means that he has the power and authority to govern NOTE: Any person who comes to the aid of a person in
and execute laws. authority shall be deemed agent of a person in authority.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

- Because earlier we talked about teachers, professors Elements:

and lawyers, who are considered persons in i. The offender
authority. It doesn‘t matter if you do not work in the a. makes an attack,
government. In other words, even if you teach in San b. employs force,
Jose, or even if you are not a PAO lawyer, meaning c. makes a serious intimidation, or
you do private practice, you can be considered as a d. makes a serious resistance.
person in authority. ii. The person assaulted is a person in
authority or his agent
- The same holds true here in ―Agent of a person in
authority‖: There are also PRIVATE PERSONS WHO iii. That at the time of the assault the person
CAN BE CONSIDERED AS AGENTS OF A PERSON in authority or his agent
IN AUTHORITY: These are those persons who come a. Is engaged in the actual
to the aid of a person in authority who’s being performance of official duties, or
attacked. b. that he is assaulted by reason of the
past performance of official duties.
- Example: You saw your teacher being attacked by a
parent of one student so you tried to help the teacher. Q: What is the difference between ―attack while in the
But the attacker hit you as well. BY coming to the actual performance of duty‖ and being ―attack by
rescue of that teacher who is being attacked, reason of the past performance of duty‖?
automatically you become an agent of a person in
authority. Actual performance By reason of past
performance
(We go back to Direct Assault)
Art. 148 DIRECT ASSAULT -Very Important!! Example 1: Example 1:
A teacher was attacked The teacher is already
Q: How is direct assault committed? while she was teaching off- duty. While on her
inside the classroom. way home, she was
2 FORMS OF DIRECT ASSAULT: Crime: Direct Assault attacked by the father
1. Without public uprising by employing force or of her student, or the
intimidation for the attainment of any of the purposes Example 2: student himself, who
enumerated in defining the crimes of rebellion and A Turko attacked the she failed in one
sedition. teacher while subject. Crime: Direct
discussing her lessons, Assault.
Elements: because of non-
a. The offender employs force or sedition payment of debt. Example 2:
b. The aim of the offender is to attain any of the Crime: Direct Assault While on her way
purposes of the crime of rebellion, or any of the home, the teacher was
objects in the crime of sedition. attacked by a Turko
because of non-
- The offenders attacked public officers in order to payment of debt.
achieve any of the purposes of rebellion or Crime: PHYSICAL
sedition, BUT without public uprising. INJURIES. NOT direct
assault because the
2. Without public uprising, by attacking, by employing attack has nothing to
force or by seriously intimidating or seriously do with the past
resisting any person in authority or any of his agents, performance of her
while engaged in the performance of official duties or duties.
on the occasion of such performance.
- The common form of direct assault. REASON OF THE REASON OF THE
ATTACK IS ATTACK OR
IMMATERIAL MOTIVE IS
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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
MATERIAL.
- Therefore, if the attack was on occasion of a past
performance of duties, motive is necessary for the attack
to constitute direct assault.
- 2 forms of Direct Assault:
- 1. offender employs force/intimidation and the
aim is to commit rebellion/sedition and there is
no public uprising
- 2.When the offender/s shall attack/use force or
makes a serious intimidation or resistance against
a person in authority or any of his agents, while
engaged in the performance of official duties, or
is assaulted by reason of his past performance of
official duties; the offender knows that the person
he offended is a person in authority or agents of
persons in authority.
- - If the reason for the attack was for previous
performance of duties, then motive is important
or material.
- -what if he knows a person is a police but doesn‘t
know that a police is an agent of a person in
authority? Is that a defense? No, because that‘s
ignorance of the law; a matter of law.
- Note: In criminal procedure, all the elements of
the crime must be alleged and proved, hence the
elements are very important.
- Attack – includes any offensive or antagonistic
actions
- In order to constitute direct assault, the force
used must be serious. In one case, the accused
who was arrested by the police, boxed the
policeman, hence the arrested person was
charged with direct assault. SC in that case said
there was no direct assault, why? Because when
the offended party is an agent of persons of
authority, the force used must be SERIOUS.
Instead, the crime is serious disobedience or
resistance under article 151 and not direct
assault; further, as to resistance, the same must
be ACTIVE.
- What about if the one that was boxed was a
person in authority? Not just a policeman? Now
that would already constitute direct assault. If the
victim is a person in authority, employment of
serious force is not necessary.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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- What constitute serious intimidation? Example
would be that the accused points a gun to the
police officer.
- What about if the offender is also a person in
authority or an agent of a person in authority?
Yes. In fact that would be aggravating.
- What about if the PA or an APA is challenged to
a fight and accepted it? Is there direct assault?
Yes.
- Direct assault could be qualified, meaning the
penalty might be higher, for example the attack is
committed by a weapon or when the offender is a
public officer or employee.
- Art. 149. Indirect Assault.
- Now when is indirect assault committed? It is
committed whenever direct assault is committed
and the victim is an APA.
- Now article 149 has already been amended. Now
it includes any persons coming to the aid of APA
on occasion of the commission of any of the
crimes defined under art. 148.
- Notes:
- Now for example the mayor is being attacked,
while on his way home is being attacked by a
person riding on a motorcycle, and the reason of
such attack is due to past performances of the
mayor, he was stabbed, suppose a cigarette
vendor who happened to see the attack tried to
rescue the mayor by pushing the attacker away
from the mayor, now the attacker turned his
anger to the vendor and stabbed him.
- Now what crime/s is committed? Now the
attacker committed 2 cases of direct assault, as
regards to the mayor and as to the cigarette
vendor, why is that? Because as what we have
learned earlier, when a private person comes to
the aid of a PA, he becomes the latter‘s agent,
now in the case provided, since he helped the
mayor and eventually was attacked in the
process, then the crime committed as to the
vendor is direct assault.
- What if the person being attacked is a police
(APA), or a barangay ―tanod‖, suppose the
police, while driving his car is being attacked by
X, a cigarette vendor happened to see the attack,
he then tried to help the police and was attacked
in the process, now what crimes are committed?
As to the police, it is Direct Assault. However as
to the cigarette vendor, the crime committed is
Indirect assault under article 149.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Now, in the same case, instead of stabbing, the
attacker just boxed the vendor, what‘s the crime
committed? Now it is not direct assault, instead it
is resistance under article 151. Pursuant to
jurisprudence, if the victim is an APA, the force
used must be serious in order to constitute direct
assault otherwise it will only be penalized under
article 151.
- Article 150. Disobedience to summons issued
by Congress/committees/subcommittees
- Committed by any person who having been
summoned to attend as witness, however refuses
without legal excuse to obey the same, or refuses
to be sworn or placed under affirmation or refuse
to answer any legal inquiry or produce any
books/papers in his position.
- Article 151. Resistance or disobedience to PA or
APA
- (Already mentioned in the discussions in the
previous articles.)
- Any person not being included in the preceding
articles shall resist or seriously disobey any PA or
APA while in the performance of duties. When
the disobedience is not serious, then it‘s just
simple disobedience.
- Elements:
- 1. In the performance of duty
- 2. Gives a lawful order
- Article 152. (already discussed this; definition
of PA and APA)
- CHAPTER V. PUBLIC DISORDERS
- Article 153. Tumults and other disturbances of
public order
- (refer to codal provision for the modes)
- Notes:
- (relevant matters as discussed by Judge D)
- If disturbance is done by more than 3 armed
persons (at least 4) with
threat/force/intimidation, then the same is
considered as TUMULTOUS.
- Any person who in any meeting, association or
public place shall make an outcry tending to
incite rebellion/sedition or in such places, shall
display placards/emblems etc. which provoke a
disturbance of the public order.
- Now the outcry here, or outburst/shouts, must
be spontaneous, meaning it is not consciously
calculated to induce others to commit
sedition/rebellion; otherwise the crime would be
inciting to commit rebellion/sedition.
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- ―Shall bury with pomp the body of a person
legally executed.‖ – before when there was death
penalty, if a convict is to be executed, and upon
burial, a person would ―shout for justice‖, then
they would be liable under this article.
- Another example: The ―Tsunami/Chona Mae‖
incident
- Article 154. Unlawful use of means of
publication and unlawful utterances
- (Refer to codal provision; discussion revolves
around the provision itself)
- Example: False news which may endanger the
public order
- Article 155. Alarms and Scandals (STAR
PROVISION)
- How committed:
- 1.By any person within any town/public place,
shall discharge any firearm/rocket/firecracker or
other explosives calculated to cause alarm or
danger.
- Example: A person firing his firearm (not aimed
at anybody) at Colon Street causing panic among
the people
- What if the firearm is only fired in a place where
its only you and your neighbor in the area? That
would be considered as alarms and scandals
since it is not in a public place, it may only be
unjust vexation.
- What if the firearm is aimed at a person but the
latter is very far away? Now the crime here
instead is illegal discharge of firearm, why is it
not attempted homicide? Although the firearm is
pointed at a person, the intent to kill is negated
by the distance, however if the firearm is a high-
powered one, then that could be considered as
attempted homicide.
- What if the firing of the firearm or a firecracker is
used inside a movie house? Now that could be
public disorder under article 153.
- However, as to firecrackers, if the same is used
during holiday season such as Christmas, then
there would be no crime since it‘s a tradition.
This article only presupposes that the firecracker
is used to cause alarm or serious disorder.
- 2. Any person who shall instigate or take active
part in any charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquillity.
- Charivari – making unnecessary noises (kanang i
paka-pakaangkaldero)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- 3. Any person while wandering about at night or
while engaged in any other nocturnal
amusements, shall disturb the public peace;
- Example: Your neighbor singing to the karaoke
late at night in a public area/place. However if
only the 2 of you are in the area, then it‘s just
unjust vexation.
- 4. While intoxicated or otherwise, shall cause any
disturbance or scandal in public places; but if the
act is serious then it will fall under article 153.
- Some LGU have this disturbance, however if no
ordinance is made regarding intoxication and
causing disturbance in public places, then this
could also be a basis for the arrest.
- Article 156. Delivering Persons From Jail
- Any person who shall remove from any jail, any
person confined therein, or shall help the escape
of such person by means of violence/
intimidation or bribery.
- Notes:
- If the escape is through bribery then the penalty
is higher.
- Take note, Bribery will always be punished; it
will not create a complex crime, so there will be 2
crimes committed, delivery of persons from jail
and of bribery.
- What if there is no bribery or violence employed?
Then the penalty would be lower.
- What if the prisoner is detained and is serving
sentence for the crime of
treason/murder/parricide? What crime is
committed? Then here the offender who helped
the escape is an accessory of such crime,
remember article 19 par. C?
- Now as to the prisoner who escaped? What is his
liability? Now this time it depends. If he is a
convicted prisoner, then he is liable for evasion of
service of sentence under the next article.
- What if he is a mere detention prisoner? Then he
does not commit any crime.
 If the prisoner who escaped is a convicted prisoner,
and he was serving sentence when he escaped- liable
for EVASION OF SERVICE OF SENTENCE.
Connect this to Prescription of Penalty (Art 92):
- Prescription of penalty starts to run when the
prisoner escapes from jail while serving sentence. In
other words, for it to apply, the escaping prisoner
necessarily commits another crime, which is Evasion
of Service of Sentence.
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 If he is a mere detention prisoner – NO CRIME
COMMITTED, but connect this with Crim. Procedure:
 If he has been arraigned – he can be tried in
absentia because he is deemed to have
waived his right in the succeeding
proceedings.
 If he is eventually convicted – he will lose his
right to appeal the decision convicting him
 If the convict is not yet serving his sentence when he
escaped – not liable for Evasion of Service of Sentence
Aggravating Circumstances (Penalty shall be higher):
When the escape takes place by unlawful entry, or by breaking
doors, windows, gates, walls, roofs, floors; using picklocks,
false keys; disguise, deceit, violence; attacking the guards,
connivance with other convicts
Art. 157. Evasion of Service of Sentence
- applicable even if the penalty imposed is merely Destierro
(prohibited from entering a certain place)
Situation:
X escaped because the jailguard was bribed. What are the
crime/s committed by the jailguard?
 Bribery
 Infidelity in the Custody of Prisoner (Art. 223) – this
crime could only be committed by a custodian/one
charged with the custody of the prisoner at the time
the latter escaped.
Crime of the bribe-giver?
 Corruption of Public Officer
Suppose the one bribed is not the jailguard but was the janitor
of the jail or the cashier? What is the crime committed?
 Art. 156- Delivery of prisoners from jails
So TN: Evasion of Service of Sentence is connected with
Prescription of Penalty (not Crime, Penalty!)
Prescriptive period -
RUNS: from the moment convict escapes; and
STOPS: when he is recaptured OR he commits another crime
while he is outside the detention facility
Art. 158. Evasion of service of sentence on the occasion of
disorder, conflagrations, earthquakes, or other calamities.
Remember the Article in Book 1 about Loyalty of the Prisoner
(On occasion of calamity he would escape)
- deduction is 1/5 if he escaped on occasion of calamity and
returns within 48 hours after declaration of the Pres.
If prisoner did not return? What‘s his crime?
- This article, Art 158 – a convict who shall evade the service of
sentence by leaving the penal institution where he shall have
been confined on occasion of disorder resulting from
conflagration, earthquake, catastrophe or during a mutiny
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Mutiny – resistance to a superior officer; but there is no mutiny
if the prisoner resisted are the jailguards only. It must be
against the jail warden
- if mutiny is for the purpose of escaping, this falls under Art
157, Evasion of Service of Sentence; but if you escape on
occasion only of mutiny – Art 158.
TN: This article only applies to those who did not escape under
157, because the reason for escape under this article is the
calamity, etc.
Mere leaving the penal institution on such occasion is not a
criminal act. It is the failure of the prisoner to return within 48
hours from the announcement by the Chief Executive as to the
passing away of the calamity.
Review: If the prisoner did not leave the institution at all?
What‘s the effect? – Deduction of 2/5
Art. 159. Other Cases of Evasion
- this is a violation of Conditional Pardon
TN that a prisoner is not required to serve the minimum
period of his sentence. What is required is that the decision is
already final and executory.
In conditional pardon, the condition is that the prisoner will
not commit ANY infraction (even if not a crime; ex: driving
without license) while he is outside. If he violates the
condition, he can be charged under Art 159.
Penalty
- if the remaining period is more than 6 years, NO PENALTY.
He only serves the remaining period.
- if less than 6 years, there is a crime – violation of Conditional
Pardon which is penalized with Prision Correctional Minimum
AND service of the remaining portion of his sentence.
TN that the court cannot order the convict to serve the
remaining period of his sentence because that power belongs
to the President who granted the Conditional Pardon
TN: It is a condition sine quanon that before the convict can be
convicted of Art. 159 that he is first found guilty in the crime
that he committed while on pardon.
Art. 160. Commission of another crime during service of
penalty imposed for another offense; Penalty.
Quasi- Recidivism
– when the convict commits a crime while serving his sentence
or even before service. The second crime must be a felony
(violation of the RPC).
- a special aggravating circumstance – states ―shall be
punished by the MAXIMUM PD of the penalty prescribed by
law‖
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TN: Never forget the other kinds of Repeat Offenders:
Recidivism, Habituality, etc. These are always asked in the bar.
TITLE IV – CRIMES AGAINST PUBLIC INTEREST
Art. 161. Counterfeiting the great seal of the Government of
the Philippine Islands, forging the signature or stamp of the
Chief Executive.
Three Acts:
1. Counterfeiting the great seal of the Government
2. Forging the signature of the Pres.
3. Forging the stamp of the Pres.
Imitating the signature of the President is NOT falsification but
Forging the signature of the Pres. which has a higher penalty.
Art. 162. Using forged signature or counterfeit seal or stamp.
- talks about the user of the forged signature or counterfeit seal
 If the person who forged is also the person who used
– only liable for Art. 161. Only one crime/
 If the person only used – liable for Art 162
Art. 163. Making and importing and uttering false coins.
Uttering – means ―use‖
False coins – not authorized by BSP as legal tender even if it is
of greater value
Case: Accused polished a copper coin making it appear as a
silver coin. He went to a store and used it. Is there a violation
of Art 163? No. There is no counterfeiting here because the
copper coin is genuine.
False coin
– Meaning the coin is not authorized by the BSP.
Mutilation
– Taking off part of a coin and replacing it with a metal of a
lower or lesser value or inferior quality.
(Irrelevant provision)
In re: PD 247
ART. 165: Selling false or mutilated coins
– But actually it‘s not selling but possession of mutilated or
false coin with intent to utter (or use) the same
ART. 166: Forging or falsification of treasury or bank notes,
certificates and other obligations and securities, payable to
bearer
Example: You falsify a sweepstake ticket – counterfeiting a
document which is an obligation or security of the Philippine
Government.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
What obligation or security includes? Bonds, certificates of
indebtedness, national bank notes, coupons, treasury notes,
certificate of deposits, bills, etc.
Checks are EXCLUDED because when you falsify a check,
you commit falsification, not under Article 166 but under
Article 172, falsification of a commercial document.
This article also includes counterfeiting obligations or
securities issued by a foreign government such as US treasury
bills or documents issued by foreign bank.
Remember when we discussed Article 2, we talked about the
territorial and extraterritorial effects of our penal laws. Take
note that our courts have jurisdiction over such crime even
though the forging or the falsification of the notes or
documents issued by the Philippine government is done
abroad.
ART. 167: Counterfeiting, importing and uttering
instruments not payable to bearer
Where to prosecute the ―user‖? Under Article 168.
ART. 168: Illegal possession and use of false treasury or
bank notes and other instruments of credit
So, for example you have a fake P500 bill, which you bought
for P50. You used the same to buy 1 pack of cigarettes. What is
the crime that you have committed? Violation of Art. 168 - Illegal
possession and use of false treasury or bank notes.
For example you are a store owner and you are in possession
of a fake P500 bill and you place it in your table for
comparison in case you come across the same fake bill. What is
the crime committed? None, because there is no intent to use.
Possession must be coupled with intent to use.
How do you determine ―intent to use‖? Intent to use may be
determined from the volume or number of said notes and the
acts of the accused taken in connection therewith. So, the acts
of the accused should be taken into consideration.
Common defense – no knowledge that it was fake
Conduct of the accused is considered to establish knowledge
of forgery.
Example, when the accused bought eggs worth P0.30 at one
instance, and making a purchase of P0.50 at another instance,
paying in each instance a false ten peso bill, receiving in both
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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occasions the proper amount of change in lawful money, and
when arrested and asked by the policeman to explain the
possession of the same, the offender refused to make any
explanation, stating he would know what to say in court. In
court, he failed to explain his possession of the forged bank
bills. (People vs. Co Pao, 58 Phil 545)
Another, when somebody discovered that the P20-bill to be
changed was forged, the owner snatched it from the one who
was examining it and tore it to pieces. (People vs Quinto, 60
Phil 351)
ART. 169: How forgery is committed?
1. By giving to a treasury or bank note or any instrument
payable to bearer or to order mentioned therein, the
appearance of a true and genuine document.
2. By erasing, substituting, counterfeiting, or altering by any
means the figures, letters, words, or sign contained
therein.
Forgery includes falsification and counterfeiting.
ART. 170: Falsification of legislative documents
Crime punished: Any person who, without proper authority
therefor, alters any bill, resolution, or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal council.
***Five Star Articles: Articles 171 and 172***
ART. 171: Falsification by public officer, employee or notary
or ecclesiastical minister
1. Counterfeiting or imitating any handwriting, signature or
rubric
The word imitating includes simulating or feigning.
In counterfeiting, there is an attempt or intent to imitate the
signature of another. So in other words, the person whose
signature you try to imitate knows how to write.
But in simulating or feigning, the person does not have
actually any signature. For example, making it appear that a
person who does not know how to write has signed the
document.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
What is the crime committed when you prepare a deed of sale
purportedly signed by your parents indicating that a parcel of land is
sold to you when in fact they did not sign the documents and it was
you who imitated their signatures? That is falsification.
2. Causing it to appear that persons have participated in an
act or a proceeding (when in fact he did not)
In our previous example, you prepared a deed of sale
purportedly signed by your parents by imitating their
signatures, what acts of falsification did you commit?
That is par. 1 because you imitate their signatures. And that is
par. 2 also, because you made it appear that your parents have
prepared the deed of sale when in fact they did not.
So acts of falsification can be a combination of any of the acts
mentioned under Art. 171.
Another example is a common practice in the workplace. You
texted your co-worker saying that you cannot come to the
office on time so you asked him to punch your time card in.
What crime did you commit? That is falsification. You made it
appear that he had punched his time card in on time when in
fact he did not.
Or for example you took the civil service exam for your
brother. What crime did you commit? That is falsification,
because you made it appear that he took the exam when in fact
he did not. If there was conspiracy between the two of you,
then the both of you should be held liable for falsification.
Or when you vote for and in behalf of another. That is also
falsification because you made it appear that he voted when in
fact he did not.
3. Attributing to persons who have participated in any act
or proceeding statements other than those in fact made
by them
This is the act of twisting words or putting words in the mouth
of the offended party.
So for example, you agreed to execute a real estate
mortgage but because the other party does not know
about these transactions, instead of executing a real estate
mortgage, you executed a deed of sale. That is attributing
to persons who have participated in any act or
proceeding statements other than those in fact made by
them.
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4. Then another is making untruthful statements in narration
of facts
- The accused here has the obligation to narrate facts
- The offender makes in documents statements in
narration of facts that he has the legal obligation to
disclose the truth of the facts narrated by him but the
facts narrated are absolutely false, contrary to his
obligation.
- The perversion of the truth is made with the wrongful
intent injuring the third person.
- What is ―making untruthful statements in the
narration of facts?‖
 Example: when you take the BAR, you will
be required to answer ―Have you ever been
convicted to any crime involving moral
turpitude?‖ You have the obligation to tell
the truth. If you have been charged and you
answered No, that is making untruthful
statements in a narration of facts. That is
falsification.
 But for instance your statement is a form of
affidavit but false, that is not falsification
because false statement in an affidavit is not
considered falsification but perjury.
- One of the important requirements is that there must
be an obligation imposed by law for the accused to
tell the truth.
 Example: The accused in order to secure a
driver's license, he secured a residence
certificate. In the residence certificate, he
made false information to the clerk as to his
full name, place and date of birth,
citizenship, civil status, length of residence
in the Phils as well as in the city or
municipality issued. He was convicted of
falsification. What is the act? Making a false
statement as to the narration of facts because
he has the legal obligation to disclose the
truth in his residence certificate.
5. Another, altering true dates
- The date must be material.
- Art 125, delay in the delivery of arrested person or
delay in the filing of appropriate case against the
arrested person. What is the reglementary period? 12,
18, 36.
 There was once case where the arresting
policeman, in order not to be charged by Art
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
125, he changed the date of the arrest.
Instead of June 20, he changed it to June 24.
Why did he change? In order to avoid
prosecution for violation of Article 125. Is the
date material? Yes.
6. Another, is making alteration or intercalation (insert) in a
genuine document which changes its meaning
- What is the crime committed in case of dagdag-
bawas? Or you change the amount appearing in the
official receipt. For instance, the amount is 5000, you
erased the last 0. It changed the amount. It is
falsification.
- Take note: if the purpose of committing falsification is
to commit another crime, there is a complex crime. So
relate to Art 48.the crime committed is malversation
of public funds through falsification of public
document.
7. another act is, issuing in an authenticated form a document
purporting to be a copy of an original document when no
such original exists, or including in such copy a statement
contrary to or different from that of the genuine original.
- It can only be committed by a custodian.
- Example: what is the crime committed by the LCR if
he issues a certification that there you have a birth
certificate when in fact you do not have one? That is
falsification.
- Example: Changing the ―IL‖ in illegitimate to
LEGITIMATE in a birth certificate. That is
falsification. The act is para 7, contrary to or different
from that of the genuine original.
8. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry, or official book.
- Example: A worked in a law firm and noticed in one
of his cases that the 15-day period has lapsed. A asked
the postmaster to insert a wrong date of mailing
because the date of mailing is the date of filing.
So these are the acts of falsification. They can be combined.
- There was a case, the accused who is a lawyer was the
secretary of Justice Romualdez who was the
Chairman of the 1926 BAR exam. Estela Romualdez
was the secretary of her uncle, Justice Rumualdez.
Her co-accused, Mabunay took the bar for the 3rd
time. Her friend failed to pass the bar, but the official
results were not yet released. She changed her score
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in Civil Law from 63 to 73, Remedial Law from 58 to
64. The average was changed from 72.8 to 75. What
crime or crimes did she commit? The crime is
FALSIFICATION. Under what Acts?
 Par 2. Causing it to appear that persons have
participated in any act or proceeding when they
did not in fact so participate;
 Par. 3, Attributing to persons who have
participated in an act or proceeding statements
other than those in fact made by them;
 Par. 6, Making any alteration or intercalation in a
genuine document which changes its meaning.
 People vs. Romualdez and Mabunay, 57 Phil 14
Let‘s go back to Article 171. Under this Article, when the
accused is a public officer or public employee or a notary
public or ecclesiastical minister, the same penalty shall be
imposed for committing any of the offenses enumerated with
respect to record or document of such character that each
falsification may affect the civil status of persons. Otherwise,
they will only be liable as private persons. The document
falsified must affect the civil status of the person.
What is the difference in Art 171 and Art 172?
- The penalty for Art 171 is higher compared to Art 172.
Why? Because these are crimes committed by public
officers and the documents are official or public
documents.
- What is public document and official document?
 Official document – a document issued by a
public officer in the exercise of his public
function.
 Police clearance issued by a public
officer in the exercise of his public
function.
 Transcript of stenographic notes, a
public document issued by a court
officer in the exercise of his function.
 It can also be considered as a public
document but not all public documents
are official documents. Why? Because
documents which are duly
acknowledged by a notary public are
also considered as public documents.
 Ex. Deed of Sale duly notarized by
a notary public is a public
document but not an official
document because it is not
acknowledged by a public officer.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Commercial Document – documents
regulated by the code of commerce or used
by merchants to promote trade transactions.
Example: a check.
 Private document – one executed by a
private person without intervention of a
notary public.
 Document - any written statement by which
a right is established or an obligation
extinguished. It is a writing by which a fact
may be proven or established.
- In Article 171, it refers to public or official documents
and the one who falsifies is a public officer or
employee with abuse of their function. It could be that
he is a custodian or he has a participation in the
preparation of the document. Penalty is prision
mayor and a fine not to exceed 5,000. Art 172, penalty
is lower.
What about if a public officer falsified a public or official
document but no participation in the preparation and not a
custodian? Where should he be prosecuted?
- Under Article 172.
- The crime would still be falsification but under ART
172. So public officers who did not abuse their
position in committing falsification is liable under Art
172 together with private persons who executed
public documents.
- Example: Deed of sale and you made it appear that it
was sold by your parents to you. You notarized it by
asking your lawyer-friend. What is the crime
committed?
 Falsification of public documents but
considering that you are a private person,
you will be prosecuted under Art 172.
- When the document falsified is a private document, it
is necessary that the falsification must have resulted
to the damage of third person. In public document,
damage to third person is not necessary.
- Another act punished in Art 172 is introduction of
evidence in court of such falsified document.
 There is a falsified document. And if you
present it as evidence in court, that would
constitute violation of Art 172.
 Example: you are the author, one crime will
be filed against you and that is falsification.
No more crime of introduction of such
falsified document as evidence in court.
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June 29, 2016
Part 13
There could be a complex crime of Direct Assault with
Homicide; or Direct Assault with Serious Physical Injuries.
Remember the rule of Complex Crimes when 1 of the resulting
crimes is just a Light Offense - As regards Direct Assault,
Slight Physical Injuries could be absorbed.
Instances When a Private Individual could be a Victim of
Direct Assault:
1. When he is deemed to be a person in authority
- ex: lawyer
2. When a private individual comes to the help of a
person of authority who is attacked
- the private person is deemed by law to be an agent
of a person in authority
3. When a private person is being attacked and the
offender‘s purpose is among the purposes of sedition
or rebellion.
 Falsification may also result in a complex crime.
- ex: X falsifies public documents in order to commit
malversation. (Malversation through Falsification of
Public Documents) If the offender is not the custodian
of public funds, the crime could be Estafa thru
Falsification of Public Documents.
 If the accused committed malversation, and thereafter
he falsified the documents to hide the crime – there
are 2 crimes committed; no complex crime.
TN: If the offender makes untruthful statements in an affidavit
– crime is Perjury.
 When the document falsified is a public
document,damage to 3rd persons is not required.
Art 172. Falsification by private individual and use of
falsified documents.
Who are liable?
1. Private Individuals. But this term private individuals
include Public Officers/Employees or Notaries Public
who did not take advantage of their position
Acts are the same in Art 171. The difference lies only in the
offender and the kind of document is falsified.
 Art 172 – includes Private and Commercial Docs
 Art 171 – Official or Public Docs
Acts punished:
1. Any private individual who shall commit any of the
falsifications enumerated in the next preceding article
in any public or official document or letter of
exchange or any other kind of commercial document;
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- ex: Private person who changes the amount
appearing in a check. A check is a kind of commercial
document.
2. Any person who, to the damage of a third party, or
with the intent to cause such damage, shall in any
private document commit any of the acts of
falsification enumerated in the next preceding article.
- refers to falsification of private documents
- ex: X, debtor prepares a purported receipt signed by
Y the creditor showing that he has paid Y when in
fact Y did not execute such receipt. Receipt here is a
private document.
- ex: X prepares a falsified Transcript of Records
(TOR) purportedly issued by USJR. The TOR here is a
private document.
But if the TOR is purportedly issued by a public
school (CNU, UP), the crime is falsification of a
public/officialinstrument because such is prepared by
the school register of such public school, who is a
public officer in the course of the performance of his
official duty. But considering that he is a private
person, he shall be prosecuted under 172. Art 171 is
reserved for public officers who take advantage of his
position – so he could be a custodian or he has some
participation in the preparation of the document by
reason of his position.
Connect this to Art 14 (Aggravating). Considering
that taking advantage of the position is already an
element of the crime, the same will not anymore
increase the penalty to its maximum period.
 There could be no complex crime of Estafa thru
Falsification of Private Documents. It will not result in
a complex crime.
- ex: A cashier in a private company falsifies the
receipts so that she could spend the money for her
personal use, the crime committed is NOT Estafa thru
Falsification of Private Documents. It is either Estafa
alone orFalisifcation of Private Documents alone. It
depends upon which crime is committed first.
- Why doesn‘t it result to a complex crime? This is so
because one of the elements of Falsification of Private
Documents is damage to 3rd persons. This is the same
with Estafa. So they have the same element. Thus,
there is no complex crime of Estafa thru falsification
of Private Doc.
 Actual damage is not necessary. See par.2 of Art 172,
―any person who, to the damage of a 3rd party, OR with the
intent to cause such damage‖ it is enough that the
falsification is committed to cause damage to 3rd persons.‖
- ―Damage‖ may include damage to the honor of a 3rd
person.
3 acts penalized in Art 172:
1. Falsification of a Private, Official or Commercial
document by a Private Individual or Public
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Officers/Employees or Notaries Public who did not
take advantage of their position
2. Falsification of Private Document by any person
3. The Use of falsified document
- under the 3rd par. Of Art 172, it says, ―Any person
who shall knowingly introduce in evidence in any judicial
proceeding or to the damage of another or who, with the
intent to cause such damage, shall use any of the false
documents embraced in the next preceding article, or in
any of the foregoing subdivisions of this article, shall be
punished by the penalty next lower in degree.‖
- so if the offender knowing that a document is
falsified, introduces it in court – then he is liable of
Use of Falsified Document. But if he is the author, he
will be liable for Falsification under par 1 or 2 of Art
172, .
- use could also mean use in any transaction even if
not a judicial proceeding. Ex: the falsified document is
used in applying for a job, but he is not the author of
the falsification, liable for Use of Falsified Document.
 POSSESSOR OF A DOCUMENT IS PRESUMED TO
BE THE AUTHOR OF THE FALSIFATION. (People vs
Sindaydigeo 81 SCRA 120)
 There could be a crime of Falsification of Commercial
Documents thru Reckless Imprudence. Ex: You signed a
falsified document without examining it. You signed
it right away.
Private Documents considered as Public Documents:
1. Deed of Sale acknowledged before a Notary Public
- if not acknowledged, it is private
2. When a document becomes part of an official record
- ex: a receipt when made by your office as a support
of your liquidation. Now the receipt becomes a public
record.
TN:
If the document falsified is Public, Official or Commercial
- Falsification may be complexed with another crime.
- damage to 3rd person is not required because the principal
thing that is punished is the violation of public faith and the
perversion of truth.
Art. 173. Falsification of wireless, cable, telegraph and
telephone messages, and use of said falsified messages.
May already be OBSOLETE since there are no more telegrams.
Case: the telegraph operator who received 2 telegrams for
transmission purposely reduced it by 12 and 8 words and he
pocketed the differences in the prices. (the longer the message
in a telegram, the more expensive.)
Art. 174. False medical certificates, false certificates of merits
or service, etc.
Persons liable for falsification of certificates
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
1. Physician or surgeon who, in connection with the practice
of his profession, issued a false certificate.
For example, you were absent from work because you were
partying the night before. You asked your doctor-friend to
issue a medical certificate indicating therein that you suffered
from LBM. What is the liability of the doctor? He could be held
liable under article par. (1) Article 174, Issuance of false
certificate.
Or, you were punched and although the wounds could heal in
just five (5) days, you made it fifty (50) days so that the penalty
will be higher, it will become serious physical injuries, because
sometimes, in physical injuries cases, the gravity of the offense
will depend on the number of healing period. What is the
liability of the physician? Issuance of false certificate.
2. Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances.
For example, you applied for a position in the government.
The position requires 3 years of experience. You asked for a
certificate signifying that you have years of experience when in
fact you just graduated. What is the liability of the one issuing the
certificate? Issuance of false certificate.
If the one who issued the same certificate is a private company
or person, the offense is the same although the penalty will be
lower.
Example if your mother would like to avail of the Cebu City‘s
allowance for senior citizens. To avail, you must be a resident
in the barangay for at least six months. If your barangay
captain will issue a certificate signifying that you have been
residing in the place for more than six months when in truth
and in fact you just transferred the other day, the barangay
captain is liable for issuing false certificate.
3. Private individual
Certification from the call center that applicant was employed
for 7 years, when in fact, one month only. Supervisor who
issues false certificate is liable for Issuance of false certificate.
Art. 175. Using false certificates. Any one who shall
knowingly use any of the false certificates mentioned in the
next preceding article shall be liable.
Art. 176. Making and possession of instruments or
implements for falsification.
There are two acts here:
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1. Making or introducing into the Philippine Islands any
stamps, dies, marks, or other instruments or implements
intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding
sections of this Chapter shall be held liable under this
Article.
2. Mere possession, with the intention of using them, is
likewise punishable under this Article.
Article 177. Usurpation of authority
There are 2 crimes here:
1. Usurpation of authority
―Any person who shall knowingly and falsely represent himself to be
an officer, agent or representative of any department or agency of the
Philippine Government or of any foreign government‖
What is the liability of person representing himself as a policeman
when in fact he is not? Usurpation of authority under Article
177.
How about for example, you pretended to be a priest because the
priest is absent, are you liable under this Article? No. To be liable
under this article, the person must falsely represent himself to
be an officer, agent or representative of any department or
agency of the Philippine Government or of any foreign
government. If he pretended to be a priest when in fact he is
not, he cannot be charged under Article 177.
2. Usurpation of official functions
―One, who, under pretense of official position, shall perform any act
pertaining to any person in authority or public officer of the
Philippine Government or any foreign government, or any agency
thereof, without being lawfully entitled to do so‖
For example, without saying anything, you man the traffic.
You saw someone violating traffic rules; you flagged the
motorist and asked for his license. What is your liability?
Usurpation of official functions, because you performed an act
pertaining to a person in authority or public officer.
These two acts, usurpation of authority and usurpation of
official functions, may be considered only as one crime.
People vs. Silvano, 99 Phil 655
The mayor is temporarily on leave. Instead of the vice-mayor,
it was the councilor who acted as acting mayor. Because he
represents himself as a mayor, he solemnized marriages, he
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
appointed policemen. The SC convicted him of usurpation of
authority and usurpation of official functions under Article
177.
Article 178. Using Fictitious Name
There are 2 crimes here:
1. Using fictitious name
Fictitious name: Any name other than the registered name.
For example, Mario is gay, he feels like a woman, acts like a
woman and thinks like a woman and so he changed his name
from Mario to Mary. Is he liable under Article 178 for using
fictitious name? No, because to be held liable under Article 178
for using fictitious name, it is necessary that the accused shall
publicly use a fictitious name for the purpose of concealing a
crime, evading the execution of a judgment or causing
damage.
So if Mario, aside from being gay, used the name Mary in
order to hide his identity because he has committed a crime
and he has been convicted, then he could be held liable for
using fictitious name under Article 178.
US vs To Lee Piu, 35 Phil 4
The SC convicted the accused for publicly using fictitious
name. A Chinese national, instead of using his real name To
Lee Piu, in an application for passport, he used Toribio Jalijali.
2. Concealing true name
In our previous example, can Mario be held liable for
concealing true name? No. To be held liable for concealing true
name, the offender, aside from concealing his true name, must
have also concealed his other personal circumstances.
*Commonwealth Act No 142, Anti-Alias Law
Under this law, the use of name other than the registered name
is punishable unless authorized by the court or if the purpose
is for literary, cinema, television, radio or other entertainment
purposes and in athletic events.
For example, Joseph Estrada, ―Erap‖. That is allowed. Manny
Pacquiao, ―Pacman‖. Allowed.
Read: PP vs Estrada, for using the name Jose Velarde for
opening an account in the bank. Try to see if Estrada was
convicted.
Art. 179. Illegal use of uniforms or insignia.
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Any person who shall publicly and improperly make use of
insignia, uniforms or dress pertaining to an office not held by
such person or to a class of persons of which he is not a
member is penalized under this article. The crime is illegal use
of uniforms or insignia.
For example, wearing of military uniform or police uniform,
when you are not a military or a police, what is the crime
committed? Illegal use of uniforms or insignia.
How about when you wear the ―sotana‖ of the priest? Are you
liable? YES! Because uniform or dress you wear pertains to an
office not held by you or to a class of persons of which you are
not a member.
Republic Act No. 75
This Act punishes the unauthorized wearing of any naval,
military, police or other official uniform, decoration or regalia
of a foreign State or nearly resembling the same with intent to
deceive or mislead.
Executive Order No. 297
Prohibits the illegal manufacture, sale, distribution and sale of
PNP uniforms, insignia and other outfits.
Articles 180, 181, 182, 183, & 184 STAR Provisions!!!
What do you mean by false testimony?
- Committed by a person who, being under oath, is
required to testify as to the truth of a matter at a
hearing before a competent authority, shall deny the
truth or say something contrary to it.
- Art 180 is false testimony against the accused.
- Art 180 says that any person who shall give false
testimony against the accused in any criminal case
shall suffer the penalty of reclusion temporal if the
accused shall have been sentenced to death.
- The penalty of prision mayor if the accused shall have
been sentenced to reclusion temporal or perpetua.
- The penalty of prision correctional if the accused shall
have been sentenced to any other afflictive penalty.
What is the crime committed if a woman would falsely
testify that he had been raped by the accused when in fact
she was not?
- If the testimony is given in court, that is false
testimony against the accused. If the accused is
convicted.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- What about if the accused is acquitted? Is the
woman liable?
 Yes. False testimony against the accused but
penalty is lower. Paragraph 4 says the
penalty of arresto mayor if the accused shall
have been sentenced to a correctional
penalty or a fine or shall have been
acquitted.
- You‘ll notice that the penalty imposed on the false
witness depends upon the penalty imposed on the
accused. Because of that, it is a condition sine qua non
that the case of the accused should be terminated first
before the false witness shall be prosecuted for false
testimony. It is a prerequisite. The accused cannot be
prosecuted before the case filed against the accused
against whom the false witness testified.
What about if the false testimony is favorable to the accused
but the testimony is false? He testified that the accused was
elsewhere when in fact the accused actually committed a
crime? What is the crime committed by the false witness?
- False testimony favourable to the accused.
- Any person who shall give false testimony in favor of
the accused shall suffer the penalties of arresto mayor
in its maximum period to prisioncorreccional in its
minimum period a fine not to exceed 1,000 pesos, if
the prosecution is for a felony punishable by an
afflictive penalty, and the penalty of arresto mayor in
any other case.
- Is there a need to terminate the accused first before
the false witness be prosecuted?
 No because the penalty here does not
differentiate whether the accused is
convicted or acquitted because of the
testimony.
- Suppose it is the accused himself who testified
falsely in favour of himself?
 Even the accused testifying in his favor
could be liable under this provision because
the law does not distinguish. (if you will be
strict with the letter of the law)
 But according to Justice Regalado, this
would be impractical or unrealistic for it
would give the accused no other option but
to plead guilty of the crime charged against
him otherwise he would have no other
defence at all.
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U.S. vsSoliman, 36 Phil. 5 -The accused was charged with
estafa. When it was his turn to testify, he said that one of the
evidence presented before him, an extrajudicial admission
made before the police, was not true because he was allegedly
forced and threatened to make such admission. He imputed to
the policemen a serious offense, that he was tortured by them
in order to admit the crime. The Supreme Court convicted him
under Article 181.
- In this case, the accused could only be convicted
under this provision if aside from giving a false
testimony he imputes to some other person a
commission of a grave offense. But if he merely
denies his participation in the commission of the
crime charged, he should not be prosecuted under
this article.
Art 182
- What about if the false witness testified in a civil
case? Liable?
 Any person found guilty of false testimony
in a civil case.
 The penalty shall depend on the amount of
the controversy.
- Art 182 is applicable only in civil cases. It does not
apply to special proceedings or administrative cases.
What about if the witness falsely testified in that
administrative case or in a special proceeding?
- Art 183. The crime is perjury. But it is still false
testimony but such is given in an administrative case
or other proceedings other than criminal or civil
proceedings.
2 ways of committing perjury:
1. by making false testimony, under oath, other than in
criminal or civil cases;
2. bymaking/executing a false affidavit.
Example:
- A woman testified in prosecutor‘s office that he was
raped when in fact she was not? The crime committed
is perjury.
- What about if the testimony is given in court? The
crime committed is false testimony against the
accused.
Elements of perjury:
1. That the accused made a statement under oath or
execute an affidavit upon a material matter
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Material matter – refers to the subject of the
case. Evidence which directly proves a fact
(e.g. executing an affidavit alleging that you
were rape but it turned out to be false, is the
affidavit material to the charge of rape? YES)
2. That the statement was made before a competent
officer authorized to receive and administer an oath
- Who can notarize or are authorized to
administer oath?
 Notary public or an ex-officio
notary public.
- Who is an ex-officio notary public?
 Those who can notarize by reason
of their position such as the judges.
We can notarize affidavits but not
deed of sale but only those in
relation to our function. Mayors,
they can notarize but only those in
relation to the performance of their
functions. Police Officers in the
rank of Inspectors can notarize in
relation to performance of their
function.
- So, examples: notary public, judges (notary
public ex officio), mayors, policemen (in
relation to the performance of their
functions)
3. That in that statement or affidavit, the accused made
a wilful and deliberate assertion of a falsehood; and
- wilful and deliberate assertion of a falsehood
 He knows that what he is stating
under oath is false.
 Example: A claimed that she was
raped although she knew that she
was not raped. A made a wilful and
deliberate assertion of falsehood
because she knew that it was not
the truth but still asserted the claim
as a fact.
 When you lost your ID and you
executed an Affidavit of Loss when
in fact you did not lose it. Liable?
Look at element 4.
4. That the sworn statement or affidavit containing the
falsity is required by law.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- So when you execute an Affidavit of Loss, is
it required by law or just a policy of the
school? Policy only of the school.
- But if you file it with the Prosecutor‘s Office
it must be under oath because it is required
by law. It is provided in the criminal
procedure. It must be notarized by the Fiscal.
If Fiscal is not available, notary public.
- Therefore, if you execute an affidavit
claiming that you were raped and filed it
before the Prosecutor‘s Office, and it was
made under oath, made with an officer
competent to administer oath, then you can
be held liable for perjury because all the
elements are present; (1) you execute an
affidavit on a material matter; (2) it was
made before a competent officer; (3) the false
statement was deliberately made; (4)and the
execution of the affidavit is required by law.
Thus, you are liable for perjury.
People v Bansil (CA Case) - The accused was charged with
immorality before the Civil Service because she committed
adultery. During the trial of the administrative case, before the
accused could testify, she was asked about her personal
circumstances. She falsely said that she is single when in fact
she is already married. She was charged criminally for perjury.
Is she liable?
 Look at the 4 elements of perjury.
 When she lied about her civil status, is it
material to the charge of immorality? It does
not matter. Her being married or single does
not matter as long as she committed an illicit
sexual relationship. It was not material to the
charge. She was acquitted. The false
statement must be material to the case, must
refer to the material matter.
Wilful and deliberate
- If the accused is in good faith, if the accused made a
false statement but in good faith, he cannot be made
liable for perjury.
- Good faith is a defence.
Flordelis vs. Himalaloan July 31, 1978 - Accused filed an
answer in court and it is verified. It contained false statements.
Example, it was alleged in the complaint that he obtained a
loan but in his answer, he denied. Is it not false? It is false. But
is he liable for perjury in in his verified answer? Remember
that verification as a rule is not required in a pleading. It is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
only required if it is required by law or rules of court. Answer
need not be verified. If defendant submitted an answer and the
same is verified, verification is a surplusage.
July 3, 2016
Part 14
Offering False Testimony
The alleged rape victim executed an affidavit and filed a
complaint before the prosecutor‘s office. After preliminary
investigation, a case was filed in court. During the trial the
alleged rape victim testified that it was not true that she was
raped by the accused. In reality it was another person. Is she
liable for Perjury making 2 contradicting statements?
- The mere fact that a person executed 2 contradictory
sworn statements is not enough to convict such
person
- It is not sufficient basis
- Must prove which sworn statement is false
US vs. Capistrano 40 Phil 902
Subornation of perjury
- The act of securing a witness to falsely testify against
another
- The one securing the witness is liable as principal by
inducement for perjury
ARTICLE 184. Offering False Testimony in Evidence
- any person who knowingly offer a false witness or
testimony in any judicial proceeding shall be guilty of
offering false testimony
- convicted shall be imposed the penalty as in False
Testimony
Offender did not coach or induce the witness to falsely testify
- If he is the one who coached the witness then he is
liable under Article 80, 81, or 82 as principal by
inducement
Offered in court is a falsified document
- The crime committed is under Article 172 last
paragraph (Falsification of Private Document)
ARTICLE 185. Machinations in Public Auction
Cases in public auction:
1. Foreclosure of mortgage
2. Collection of Sum of Money
Purpose of public auction
- To get the buyer who can offer the highest price
- Highest bidding price
Any person who shall solicit any gift or promise as a
consideration for refraining from taking part in any public
auction, and any person who shall attempt to cause bidders to
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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stay away from an auction by threats, gifts, promises or any
other artifice with intent to cause the reduction of the price of
the thing auctioned.
There was a lampshade that was bid. There were two bidders.
One said that they will just settle it and give me P100 and the
lampshade is yours. It is a violation under this article.
In auction there is a time and place stated in the notice. One of
the bidders would tell the others that the auction is cancelled
or postponed. It is considered as an artifice. He is liable for
machination in public auction.
Diaz vs. Capunan 45 Phil 482
- Both bidders agreed that only one will bid
ARTICLE 186. Monopolies and Combinations in Restraint of
Trade.
- prohibits monopoly
- when there is competition, the price of an item is lower
- if there is monopoly then only one company will
determine the price
1. Any person who shall enter into any contract or
agreement or shall take part in any conspiracy or
combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent by
artificial means free competition in the market;
2. Any person who shall monopolize any merchandise
or object of trade or commerce, or shall combine
with any other person or persons to monopolize and
merchandise or object in order to alter the price
thereof by spreading false rumors or making use of
any other article to restrain free competition in the
market;
3. Any person who, being a manufacturer, producer, or
processor of any merchandise or object of commerce
or an importer of any merchandise or object of
commerce from any foreign country, either as
principal or agent, wholesaler or retailer, shall
combine, conspire or agree in any manner with any
person likewise engaged in the manufacture,
production, processing, assembling or importation
of such merchandise or object of commerce or with
any other persons not so similarly engaged for the
purpose of making transactions prejudicial to
lawful commerce, or of increasing the market price
in any part of the Philippines, of any such
merchandise or object of commerce manufactured,
produced, processed, assembled in or imported into
the Philippines, or of any article in the manufacture
of which such manufactured, produced, or imported
merchandise or object of commerce is used.
Oil companies
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The only companies controlling the oil industry are
Petron, Shell and Caltex. They were thought to settle
among themselves an agreed price. That is why small
oil companies were allowed to enter the industry such
as Seaoil, Flying V and Phoenix to have free
competition.
- It is hard to prove combination.
If the item or object is affected by the combination would
involve any food, substance, motor fuel or lubricants.
- Aggravating circumstance
If it is a corporation, it is the officers who knowingly permit or
failed to prevent monopoly or combination shall be held liable
US vs. Forgeras 4 Phil 432
- Accused made rumours to reduce prime commodities
or else there will be a flood.
- convicted of spreading false rumours to restrain free
competition
ARTICLE 187. Importation and Disposition of Falsely
- Punishable for any person who shall knowingly import
or sell or dispose of any article or merchandise made
of gold, silver, or other precious metals, or their
alloys, with stamps, brands, or marks which fail to
indicate the actual fineness or quality of said metals
or alloys.
Under this article, there must be proper marking. Gold has a
certain quality. It may be 24k, 18k, 14k, 10k. The actual fineness
of the gold must be indicated.
Example:
14k gold placed with only 8k then it is punishable.
The same with diamonds
ARTICLE 188 - 189
Repealed by RA8293 IPL
ARTICLE 190 -193
Repealed by RA 6425 then RA 9165
- Comprehensive Dangerous Drugs Act
TITLE VI – CRIMES AGAINST PUBLIC MORALS
ARTICLE 195-199. Illegal Gambling
- repealed by PD 1602 amended by RA 9287
ARTICLE 200. Grave Scandal
- Any person who shall offend against decency or good
customs by any highly scandalous conduct not
Decency
- Propriety of conduct
- Proper observance of the requirements of modesty
Custom
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- Established usage
Elements:
1. The offender performs an act or acts
2. Such act or acts are highly scandalous being offending
against decency and good customs
3. The highly scandalous conduct is not expressly falling
within any other article of this Code.
4. The act or acts complained of be committed in a public
place or within the public view
Highly scandalous conduct that is against decency or good
customs
- Ex. Lovers have sexual intercourse in the movie house.
Although the movie house is a private place, it is still
scandalous because it is within public view.
2 piece in colon. That is highly scandalous. Offensive
against decency
- If you do that in the beach it is alright
- It is an exempting circumstance
If you go to the beach and go nude. It is now offensive against
decency and good custom.
In oblation, it is not a violation of Article 200. It is an exercise
of freedom of expression.
In the news, there was a drunken policeman in the inter-island
who got naked and kept passing the hallways. It is against
decency and good custom.
In Bantayan, during Holy Week an artist was wearing a 2 piece
in the streets. She was caught and charged but the case was
dismissed.
Exhibition in the parking area. The car is converted into a
bedroom. The parking area in Ayala. The car was turned on
and the guard looked inside. The guard looked inside the care
and saw something not meant to be seen. The fiscal dismissed
the case because the car was not in public view because it was
heavily tinted.
Grave Scandal same as an impossible crime
- Charged when the accused is not liable for any other
crime in the RPC.
- Considered as a catch all provision
ARTICLE 201. Immoral Doctrines, Obscene Publications and
Exhibitions and Indecent Shows
- Affects right to free expression
1. Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
- Ex. Someone on the internet posted that having extra
marital relations is alright
- Exchange partners
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
2. (a) The authors of obscene literature, published with
their knowledge in any form; the editors publishing
such literature; and the owners/operators of the
establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or
any other place, exhibit, indecent or immoral plays,
scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those
which (1) glorify criminals or condone crimes; (2)
serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or
religion; (4) tend to abet traffic in and use of
prohibited drugs; and (5) are contrary to law, public
order, morals, and good customs, established
policies, lawful orders, decrees and edicts;
3. Those who shall sell, give away or exhibit films,
prints, engravings, sculpture or literature which are
offensive to morals. (As amended by PD Nos. 960
and 969).
US vs. Kottinger 45 Phil 352
- Determine when it will be considered obscene
Virula vs. Angeles Feb. 28, 2005
- Obscene publication or literature
- Accused gave obscene magazine/publication to
another person
ARTICLE 202. Vagrants and prostitutes
- Vagrancy has been decriminalized by RA 10158
- 1- 4 has been repealed
- Par. 5 still valid (prostitution)
- Prostitution is a crime
Prostitutes (par. 5). A women who, for money or profit,
habitually indulge in sexual intercourse or lascivious conduct,
are deemed to be prostitutes.
- If a woman engages in sexual intercourse for money
but only once, is not considered as a prostitute. There
must be habituality
- If a woman engages in sexual intercourse frequently
but not for money or profit then still not considered a
prostitute.
Prostitutes under the Anti-Trafficking in Persons Act
- Prostitutes are considered as victims and not
criminals
TITLE VII – CRIMES COMMITTED BY PUBLIC OFFICERS
ARTICLE 203. Who Are Public Officers
- Used in its generic sense.
Any person who, by direct provision of the law, popular
election or appointment by competent authority, shall take
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part in the performance of public functions in the
Government of the Philippine Islands, or shall perform in
said Government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class,
shall be deemed to be a public officer.
- The definition is all embracing. It does not only refer
to a high ranking government official.
- From president to the town councillors
- From the janitors to the highest appointed positions
If you are a public officer and you commit an act or omission
which would constitute a crime and it is in relation in the
performance of your duties, you will immediately be charged
with 3 cases:
1. Criminally
2. Civilly – if there is a victim
3. Administratively – something to do with your job. So
you can be suspended, or removed from position.
Crimes that can be committed by public officers:
1. Malfeasance – performance of some act which ought
not to be done
2. Masfeasance – improper performance of some act
which might be lawfully done
3. Nonfeasance – omission of an act which ought to be
done
204:Knowingly rendering unjust judgment
Elements:
1.
The offender is a judge
2.
He renders a judgment in a case submitted to him for
decision
3. The judgment is unjust
4. The judge knows very well that his judgment is
unjust
―Judgment or decision is unjust‖
- When the same is contrary to law or contrary to the
evidence presented
- Decision of the court must always be based on facts
(evidence) presented during the trial or law – what did
the witnesses say, what did the complainant say, what
did the accused say
- If the decision is not based on the facts or if the facts are
stated but the the law applied is wrong and he knows
that it is wrong then that is an unjust decision
- If it is:
1. Contrary to law; or
2. Contrary to facts; or
3. Both
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Condition sine qua non: Declaration from higher court
- An unjust decision can sometimes be subjective especially
when the party loses
- Before the judge will be convicted for knowingly
rendering unjust judgment there must be a declaration
by the higher court that indeed the decision is unjust
- Without this declaration, the judge cannot be prosecuted
for knowingly rendering unjust judgment
- How does the higher court declare?
o Through a petition for certiorari by the aggrieved
party; or
o Administrative case against the judge
Purpose for the manner of review
- Justices of the SC are also capable of making mistakes
- Judge being a human being will also be able to commit
errors in the appreciation of facts and application of law
- But if the mistake is not malicious, without malice, not
intentional then he cannot be disciplined
- The judge can abuse his discretion. What law prohibits is
grave abuse.
Source of unjust judgment
1. Bribe – there are others which cannot be contented
2. Ill will
3. Error
CASE
- De Vera vsPelayo, July 6, 2000
205: Judgment rendered through negligence
- Kind of misfeasance
- The law to be applied is so basic but the judge fails to
apply the same
- Court renders unjust judgment but the same is rendered
without malice but with inexcusable negligence or gross
ignorance
EX: Court convicted the accused of vagrancy without
knowing that the same has been decriminalized so
inexcusable negligence or ignorance.
- The judge must keep himself updated with the decisions
of the SC and the laws
Condition sine qua non: Declaration from higher court
- Same rule with Art 204
- Before the judge will be convicted for rendering
judgment through inexcusable negligence or ignorance
there must be a declaration by the higher court that
indeed the decision is unjust
206: Knowingly rendering an unjust interlocutory order or
decree
- Judge here issued an interlocutory order
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EX: Judge issues a TRO but the TRO issued is unjust
because it is not supported by the allegations in the
complaint. Or the issuance is contrary to law.
- Just in case a court issues an interlocutory order which is
unjust so it is contrary to law or not supported by the
allegations in the complaint then the judge may be held
criminally liable and of course administratively liable
- Gross ignorance is a ground for dismissal
Kinds of order
1. Final order – when it finally disposes of the case.
There is nothing more to be done by the court.
EX: order of dismissal
2. Interlocutory order – there is something more to be
done in the case by the court
EX: TRO
Source of unjust interlocutory order
- Bribe – there are others which cannot be contented
EX: Binay case (rumor) – Mayor of Makati was
ordered suspended by the Office of the Ombudsman
but the CA issued a TRO and Trillanes accused or
alleged that the justices who issued the TRO were
paid.
Condition sine qua non: Declaration from higher court
- Same rule with Art 204
- Before the judge will be convicted for an unjust
interlocutory order there must be a declaration by the
higher court that indeed the decision is unjust
- How could the aggrieved party declare a declaration?
o Through a petition for certiorari by the aggrieved
party; or
o Administrative case against the judge
207: Malicious delay in the administration of justice
- Intentionally done
Reasons for delay in the administration of justice:
1. Heavy case load of courts
2. Lack of judges
3. Lack of lawyers – prosecutors, PAO lawyers
Article 207. Malicious delay in the administration of justice.
Elements:
1. The offender is a judge
2. That there is a proceeding in his court
3. He delays the administration of justice
4. The delay is MALICIOUS- that is, the delay is caused
by the judge with deliberate intent to inflict damage
on either party in the case.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Ans. That is betrayal of trust or dereliction of duty or

- Mere delay without malice is not punishable. prevaricacion. Because you refrained from
prosecuting the violators or at least you tolerated the
Judge D: Before when I was still with PAO, I used to be commission of the offense.
assigned in 5 courts. When I transferred to the Judiciary, I
thought it would be different. But no, cause there was a It is different when you are a public officer and you
time when I was assigned as judge in Barile, then Legria, tolerated the use of illegal drugs, because here you
then Lapu- lapu because of lack of judges. You know you can be prosecuted under RA. No 9165 which has a
can‘t say no to the SC. (Point being that delay is possible higher penalty.
though not necessarily malicious. Hence not punishable)
- Example: What crime did you commit when instead of
Article 208. Prosecution of offenses; negligence and tolerance. arresting an illegal logger, you escorted him to the
place? That is dereliction of duty because as a law
- The case here is Betrayal of trust or Prevaricacion or enforcer you owe to arrest and file the appropriate
Dereliction of duty. case against the violator but instead of arresting him,
you did not, rather you escorted him.
Elements of dereliction of duty in the prosecution of offenses:
- Example: Murder was committed but instead of
1. The offender is a public officer or officer of the law
arresting the perpetrator, you hid him in your house.
who has a duty to cause the prosecution of, or to
What crime is committed? Note that the penalty for
prosecute offenses.
an accessory to the crime of Murder is lighter than
2. There is dereliction of duties of his office; that is
that in Art 208. You can be charged here for
knowing the commission of the crime, he does not
Dereliction of Duty.
cause the prosecution of the criminal or knowing that
a crime is about to be committed, he tolerates its
- (Refer to Articles 203- 205, Knowingly rendering unjust
commission.
judgment). Aside from imprisonment, there is an
3. The offender acts with malice and deliberate intent to
additional penalty of disqualification. That
favour the violator of the law.
disqualification is imposed as a principal penalty.
Who can be the offenders here? Because as you can recall, disqualification either
1. Public officer temporary or permanent can either be an accessory
penalty or a principal penalty.
2. Officer of the law.

Acts punishable: Why is there an additional penalty? Because when it‘s

1. By maliciously refraining from instituting public officer, disqualification is automatic- either
prosecution against violators of the law; temporary or permanent.
2. By maliciously tolerating the commission of
offenses. Article 209. Betrayal of trust by an attorney or solicitor-
Revelation of secrets.
- So the public officer is duty-bound to file a criminal
- This is a stray provision because we are talking of
case but he refused or failed to file the appropriate
crimes committed by a public officer but the accused
case in court. Or he is charged with the enforcement
here in Art. 209 could be a private person, a private
of the law but he failed to file the appropriate case in
lawyer.
court.

- Example: You are a police officer or a barangay

captain, instead of apprehending those who you - Penalty shall be imposed upon:
know are engaged in gambling you ended up joining 1. An Attorney at law- meaning licensed; or
them or you tolerated the commission of the same. 2. A Solicitor- this is not applicable here because
What crime did you commit? we do not have a solicitor in the Philippines.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Acts punished:
1. Causing damage to his client, either
a. By any malicious breach of professional duty or
b. By inexcusable negligence or ignorance
Example: A lawyer fails to file a notice of appeal. Will
that prejudice the client? Yes. Therefore he can be
penalized under ART. 209, aside from other penalties.
Example: Failure to file an answer in a case. That will
prejudice the client. So he can also be punished under
Art. 209.
2. By revealing any of the secrets of his client learned by him
in his professional capacity.
- Take note of the Lawyer- client privilege under the Law on
Evidence.
3. By undertaking the defense of the opposing party in the
same case, without the consent of his first client, after
having undertaken the defense of said first client or after
having received confidential information from said client.
Article 210 (5 STAR PROVISION). Direct Bribery
Elements:
1. The offender is a public officer
2. He accepts an offer or a promise or receives a gift or
present by himself or through another.
3. It was received in view of
a. Committing some crime
b. In consideration of the execution of an act
which does not constitute a crime, but the act
must be unjust or
c. To refrain from doing something which it is
his official duty to do so.
- So the purpose of giving a gift to the public officer is
for that public officer to perform some act, and that
act must be in connection with the performance of his
duty or duties as a public officer.
- There must be an agreement to perform an act or to
refrain from performing an act which is his duty to
do.
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THREE FORMS OF DIRECT BRIBERY:
1. By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or present-
an act constituting a crime, in connection with the
performance of his official duties.
- The penalty here is higher.
- Example: You are a policeman. You apprehended
a robber. The wife of the victim was so mad
because the latter was not only robbed but was
also killed. And so the wife approached you to
kill the robber.
So what’s the crime that (you) the policeman, agreed
of committing? Ans. Murder. What’s the reason why
the policeman would kill the robber? Because of the
bribe. So the policeman, who is a public officer
agrees to commit murder by reason of the bribe.
And the crime that he agreed to commit, which is
Murder has a relation to his duty as a policeman.
So THE POLICEMAN IS LIABLE FOR
MURDER AND FOR DIRECT BRIBERY.
- Take note that when the act agreed upon constitutes
a crime, MERE PROMISE TO GIVE AND MERE
PROMISE ON THE PART OF THE PUBLIC OFFICER
TO COMMIT THE CRIME CONSTITUTES DIRECT
BRIBERY. Actual receipt of the bribe, and actual
commission of the act agreed upon is not necessary.
2. By accepting a gift in consideration of the execution
of an act which does not constitute a crime, in
connection with the performance of his official duty.
- Here the act does not constitute a crime, but is unjust.
- Example: The treasurer who in consideration of
money, awards certain stalls in the market to a
Chinese despite the fact that there are other Filipinos
who have better right.- Here the act of the treasurer is
unjust but does not constitute a crime- Direct Bribery.
- Case: Direct bribery is committed when a police
officer directly received the bribe money in exchange
for the recovery of stolen cylinder tanks, which was
an act not constituting a crime, and his act of
receiving money was connected with his duty as a
police officer. People vs Marifosque
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
FIRST FORM OF SECOND FORM OF
DIRECT BRIBERY DIRECT BRIBERY
Gift or offer need not be The gift must be accepted
accepted by the public officer.
Mere promise is not
sufficient.
3. By agreeing to refrain or by refraining from doing
something which it is his official duty to do, in
consideration of gift or promise.
- Example: A sanitary inspector from the DOH or the
city health inspects a restaurant and found the same
to be unsanitary. The owner of the establishment gave
the inspector a gift so he would not submit a report
that may cause the closure of the establishment. The
inspector refrained from performing his duties. Here
the public inspector is liable for Direct bribery.
Art. 211. Indirect Bribery
Is committed when a public officer accepts a gift offered to him
by reason of his office
For example you‘re a judge, you just celebrated your birthday,
and a litigant gave you lechon as a birthday gift out of
generosity, you receive it, did you commit a crime? Yes, that is
indirect bribery, that lechon is given by reason of your office.
Note: The gift given could be in anticipation of a favor; or it
could be a reward of past favors given in connection with the
performance of duty.
(take note of the distinctions between direct bribery from
indirect bribery; a frequent question in the BAR)
Now one distinction would be that:
Direct Bribery Indirect Bribery
There is an agreement Usually there is no such
between parties for the public agreement
officer to perform or not to
perform as the case may be
Art. 211 – A. Qualified Bribery
Public officers entrusted with law enforcement, refrains from
arresting/prosecuting an offender who committed a crime
with a penalty of reclusion perpetua to death in consideration
of any offer/promise/gift; also includes public officers to
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persons who prosecutes or in charge of the prosecution of an
offender; a judge is not included in this article since the latter is
not entrusted with law enforcement
Note: Mere offer is sufficient
Discussion:
What if the crime committed is not punishable of reclusion
perpetua to death? What is the crime committed by the officer
who did not file the appropriate case or did not arrest the
offender? That would be violation of article 208, dereliction of
duty.
Now bribery is one form of extortion, actually extortion is used
in a generic or general sense. One form of extortion is direct
bribery, another form is robbery, another one is kidnapping for
ransom, all of which are forms of extortion.
There is no crime in the revised penal code which punishes
extortion, since there are different forms, hence you should
specify such as direct bribery, robbery etc2.
Art. 212. Corruption of public officials
Same penalty imposed as that of the officer being corrupted.
Now what is the liability of the one giving the bribe? Or one
who offers the promise? He is liable for corruption of public
officers under this article.
What if the public officer did not accept the bribe? What‘s the
crime committed by the giver? It‘s attempted corruption of a
public officer, he can be arrested immediately.
Note: Now there‘s a law giving immunity for the giver of the
bribe, he can be immune from suit provided he will testify
against the public officer, that is pursuant to PD 749; he is
exempt from prosecution.
Art 213. Frauds against the public treasury and similar
offenses.
2 crimes penalized:
Par 1 - Fraud against public treasury
―any public officer who: 1. In his official capacity, in dealing with
any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to
public property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other scheme, to
defraud the Government‖
 Accused here enters into a contract or agreement with
another person in order to defraud the government,
such as by overpricing supplies. The price on top of
the original price is then kept by the public officer.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Government here is made to pay more than what
should be paid out of the government funds
There is a special law related to this: RA 9134 Government
Procurement Reform Act
Par 2 - Illegal exaction
―any public officer who: 2. Being entrusted with the collection
of taxes, licenses, fees and other imposts, shall be guilty or any
of the following acts or omissions:
 The officer here is in-charge of collection of taxes,
licenses or fees and other imposts.
 Ex: cashier
(a) Demanding, directly, or indirectly, the payment of sums
different from or larger than those authorized by law.
 Ex: payable is 300php but you asked for 3000.
 If payable is 1000php but you asked for 500php, that
is also illegal exaction because you are demanding an
amount different from that is set by law. So it could
be a larger or lesser amount.
 Q: What is the crime committed if the amount
payable is 500php and you asked for 1000php and
you used the whole amount for personal use?
 A: 2 crimes - Illegal Exaction because you demanded
an amount different from what is set by law, and
Malversationbecause you spent the money for your
personal use. You may ask why the additional
500php you got is still under malversation? It is
because that additional amount forms part of public
funds.
 Regalado said 3 crimes are committed: Illegal
Exaction, Malversation (with regards to the amount
set by law), Estafa (additional amount)
 Reyes and Gregorio said there are only 2 crimes:
Illegal Exaction and Malversation. They are the
experts in Criminal Law.
(b) Failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him officially.
 Self–explanatory. Take note of the word
VOLUNTARILY, because it may be that they just ran
out of receipts. No more supply. Sometimes you are
given a temporary receipt.
(c) Collecting or receiving, directly or indirectly, by way of
payment or otherwise things or objects of a nature different
from that provided by law.
 So instead of receiving money as payment, you ask
for material things. That is still a form of illegal
exaction.
In Illegal exaction, misappropriation of the money is not
necessary.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Art. 214. Other frauds.
This Article does not define any crime but merely imposes
additional penalties for estafa when the accused is a public
officer with abuse of his position. So in addition to
imprisonment, there shall be temporary/permanent special
disqualification.
This article applies only when there is abuse of position.
Art. 215. Prohibited transaction
An appointive public officer here is prohibited from engaging
in commerce within his jurisdiction. He cannot engage in any
transaction with exchange or speculation within his territory.
Example: Buying and selling of stocks listed in the stock
exchange by an official of the SEC. He can only buy shares as
investment, but not buying AND selling of such shares.
Case: Justice of the Peace was convicted because he took part
in the execution sale. (Gantingco vs Pabuingit 35 Phil 81)
Art. 216. Position of Prohibited Interest by a Public Officer
―a public officer who directly or indirectly, shall become interested in
any contract or business in which it is his official duty to intervene.‖
 This is a crime committed by a Mayor who entered
into a contract of lease over a parcel of land owned by
a municipality wherein he is the mayor. So there is a
conflict of interest. (US vs Udarbe 28 Phil 382)
―applicable to experts, arbitrators and private accountants who, in
like manner, shall take part in any contract or transaction connected
with the estate or property in appraisal, distribution or adjudication
of which they shall have acted, and to the guardians and executors
with respect to the property belonging to their wards or estate.‖
 An administrator is not allowed to buy the estate or
property that you are administrating. Same goes with
a guardian over the property of his ward.
Art 217. Malversationof public funds or property;
Presumption of malversation.
5 STAR PROVISION!
Who are liable?
- Public officers who are also considered ACCOUNTABLE
OFFICERS. He or she must be a CUSTODIAN of public funds
or properties.
- ex: cashier, treasurer
** So, not all public officers may be liable for malversation.
Only those stated above.
Punished acts:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
―shall appropriate the same or shall take or misappropriate or shall
consent, through abandonment or negligence, shall permit any other
person to take such public funds, or property, wholly or partially, or
shall otherwise be guilty of the misappropriation or malversation of
such funds or property‖
Ex:
1. A, a cashier who has the duty to receive real estate tax
lent money to her son who needed to enroll for
school. – Malversation!
2. A, cashier who has the duty to receive real estate tax
allowed his friend to borrow the money A had
custody of because A pitied her friend. Is that
malversation?
- Yes. Malversation is committed not only by
misappropriating of the money by the custodian, but
also by consenting another to use or misuse the funds
under one‘s custody.
3. A, cashier had to rush out of the office to fetch her son
from school and so she was not able to put the money
under her custody in the vault, and merely placed the
money inside the drawer of her desk. Later, the
janitor saw the money and got them all. What is the
crime committed by A?
- Malversation because of her negligence.
- So Malversation could be committed by mere
negligence too. The penalty here is the same with a
situation wherein the public officer used the
money/property for his personal use.
TN: Malversation covers both PUBLIC FUNDS and PUBLIC
PROPERTY.
Ex: A custodian of ballpens and papers, brought home some
paper for her children – That is Malversation of PUBLIC
PROPERTY.
If you are not an accountable officer or custodian, then you
may be liable of THEFT.
Take Note: Malversation can only be committed by a public
officer who is at the same time the custodian of the money or
property.
Another term for Malversation is Embezzlement.
Last par. Article 217: ―The failure of a public officer to have duly
forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be
prima facie evidence that he has put such missing funds or property
to personal use.‖ (As amended by RA 1060).
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Is demand to pay or to produce the public property an
indispensable requirement before the accountable public officer be
held liable for malversation? No. Demand is not an
indispensable requirement. But although, not a requirement,
there is usually a demand.
Demand merely raises a prima facie presumption that the
missing funds have been put to personal use. Whenever
there is a demand made such as by the COA, but the public
officer, who is the custodian, failed to produce the amount or
the property under his custody, the same shall be considered
as a prima facie evidence of malversation. You are presumed
to have committed malversation.
Republic vs Sandiganbayan, July 15, 2003;
The constitutionality of this provision has been challenged
because under the Constitution, you have learned that a
person is presumed innocent until proven guilty. So, is it not
a violation of the provision of the Constitution which provides for
the presumption of innocence of the accused. According to the
SC, it does not violate the constitutional presumption of
innocence. What is established here is not presumption of
innocence but the presumption of guilt, because the accused
is presumed to have malversed, to have misused funds for
his personal use. According to the SC, it is within the power
of the Congress to enact such law. And besides, what is
established is merely a rebuttable presumption. The accused
could still present evidence to overthrow such presumption
and if successful, he will not be convicted.
Bacaslot vs Sandiganbayan, November 5, 1987
According to the SC, the legislature may provide for a prima
facie evidence of guilt provided there be a rational
connection between the facts proved and the ultimate facts
presumed.
What do you mean by Accountable Officer?
It does not refer only to the cashier, disbursing officer or
property custodian. Could be any person who has the
custody of public funds or property and who is accountable
thereto.
If the accumulated ill-gotten wealth in the crimes of
Malversation, Direct Bribery, Indirect Bribery or Qualified
Bribery would amount to P50 Million, the crime is – Plunder.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Are there instances that private funds be the subject of
Malversation? Yes. If those private funds are considered ―trust
funds‖, such as payment collected by a public school teacher
of employee for the BSP, GSP, or Red Cross (these are private
entities).
But if the person collecting the amount is a private school
teacher or employee, the crime is not Malversation.
Postal money orders. It may also be the subject of
Malversation if the same is misappropriated by the postman.
Money received by the sheriff as redemption price may also
be the subject of Malversation because it partakes of the
nature of public funds.
What about private property? May it also be the subject of
Malversation? Yes. If the private property, for example, is
confiscated from a private person by a law enforcer.
For example, during a checkpoint the police confiscated an
unlicensed firearm, but did not report the same so he can use
it for his own benefit, the crime is Malversation.
What about using government cars for family outing. That could
be Malversation.
For example, the cashier, with intent to use the money in her
custody, rode a jeepney going to school to pay the tuition of
her son. However, while boarding a jeep, somebody declared
―hold-up‖ and took the money. Is she liable for Malversation?
Yes. Malversation has the same concept as that of Theft. As
long as the accused has complete control over the item taken,
the crime is consummated.
What if the public officer immediately reimbursed the mount, is he
liable? Yes. The return of the funds malversed is merely
mitigating.
However, in the case of US vs Feliciano, 15 Phil 147, the SC
acquitted the accused
If at the very moment when the shortage was discovered and
the treasurer was notified he at once presented the money,
no prima facie evidence of the crime of misappropriation can
be established nor any proof whatever that there was such
misappropriation.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
There could be a complex crime of Malversation through
Falsification of Public Documents. If falsification is
committed to misuse the amount.
If Malversation is committed first, there are two crimes
committed.
Art. 218. Failure of accountable officer to render accounts
Any public officer, whether in the service or separated therefrom by
resignation or any other cause, who is required by law or
regulation to render account to the Insular Auditor, or to a
provincial auditor and who fails to do so for a period of two months
after such accounts should be rendered.
Art 218
- Failure of accountable officer to render accounts
before he is separated from service or before he is
allowed to resign.
- Mere failure, consummates the crime. Malversation is
not necessary. Mere failure to render an account after
required to do so.
Art 219
- Failure of a responsible public officer to render
accounts before leaving the country
- The accountable officer leaves the country or attempts
to go abroad without securing clearance from
Commission on Audit.
Art 220
- This is technical malversationor illegal use of public
funds or juggling of funds.
- The public officer here commits technical
malversation when he would use public funds or
property to any other purpose other than that
authorized by law or ordinance.
- Example: The city counsel appropriated 50M for the
construction of gymnasium in certain barangays.
Then the incoming Mayor, who does not belong to
the same party of the preceding Mayor, converted the
50M for the construction of public schools. Liable?
 Yes. He could be liable for technical
malversation if he will realign the budget
without any authority from the counsel. The
money should be used in that particular
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
purpose. Liable even if the purpose is still
for public use.
 Look at the case of People vsYsidoro, Nov
14, 2012.
Infidelity of Public Officers
Art 221.
Article 223
- Failure to make delivery of public funds or property
- An accountable officer fails to make payment from
government funds in his possession. The failure to
make payment must be with malice.
- 2ndpara: any public officer ordered by competent
authority to deliver any property in his custody or
under his administration refuse to make such
delivery. The refusal must also be with malice.
Art 222
- This is an exception to the rule. We learned that the
ones convicted are public officers only. A private
person can be convicted of malversation even if he is
not in conspiracy with a public officer. When?
 The provisions of this chapter shall apply to
private individuals who in any capacity have
charge of any insular, provincial, municipal
funds, revenues, or property and to any
administrator or depository of funds or
property attached, seized or deposited by
public authority, even if such property
belongs to a private individual.
 Here, the private property is placed under
the custody of a public officer.
 Example: a car subject to an attachment and
placed under the custody of the court. If the
sheriff uses the car to fetch his children in
school, he could be held liable for
malversation.
 AzarconvsSandiganbayan, 268 SCRA 747
Repeat:
- In what instances are private individuals held liable
for malversation?
1. private individuals who in any capacity have
charge of any insular, provincial, municipal
funds, revenues, or property and to any
administrator or depository of funds or
property attached, seized or deposited by
public authority, even if such property
belongs to a private individual; or
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
2. when he conspires with the public officer
3. when he is an accessory or accomplice in
malversation
- conniving with or consenting to evasion
- the crime is infidelity in the custody of prisoner
- The conniving with or consenting to evasion is just a
mode for the crime of infidelity in the custody of the
prisoner.
- In order to be held liable, the public officer must be
the one in custody of the prisoner at the time he
committed the crime/when the prisoner escaped
- If he is a custodian and on duty and if If he connives
with the escaping prisoner, he is liable under Art 223.
- If he is not a custodian, or he is off duty at the time of
escape and he connives with the escaping prisoner, he
could be held liable for delivering prisoner from jail
underArt 156.
- What about the escaping prisoner? What could be his
liability?
 If he is a convicted prisoner, then he is liable
for evasion of service of sentence.
 If he is a detention prisoner, the liability of
the jail guard is just the same. The prisoner
who escaped could be convicted. The
penalty is however lower.
- If the police officer arrested in a buy bust and while
on the way to the police station, there was a
negotiation, he will be allowed to escape, what is the
liability of the police man as regards the escape of the
arrested person?
 To be held liable under Art 223, the escaping
prisoner must have already been arrested
and charged with the crime. If not yet
charged, art 223 is not violated. But it does
not mean that the arresting officer have no
liability. He could be held liable for another
crime.
- But suppose the prisoner was ordered to buy fish in
the market and did not go back to the prison jail?
What is the liability of the police?
 Relaxation of imprisonment if considered
infidelity.
 Example: the prisoner was ordered to clean
the house of the police officer, or asked to
cook food for lunch.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 A mayor who allowed a prisoner to do
domestic chores in his house may be held
liable under this article if he is the custodian
of such prisoner.
Repeat:
1. The prisoner involved could either be a convicted or
detained prisoner.
2. The prisoner must have been charged and placed in
jail.
3. Liability of the convicted prisoner who escaped:
evasion of service of sentence
4. If he is a detention prisoner: no criminal liability
Art 224
- Evasion through negligence
- The public officer is the custodian and prisoner was
able to escape because of his negligence
- Example: while he is on duty, he was sleeping and the
keys fell on the ground which was stolen by the
prisoner.
- But what if the public officer was able to re-arrest or
recapture the escapee? What is the effect of the
immediate arrest on the liability of the public officer?
 The same is not considered as exempting
circumstance only a mitigating circumstance.
- Could a private person be held liable also for
infidelity of custody of prisoner?
 Yes if he is in-charge with the custody of the
prisoner.
 Example: the prisoner hires private guards,
they will be held liable.
Art 225
- Any private person to whom the conveyance or
custody or a prisoner or person under arrest shall
have been confided, who shall commit any of the
offenses mentioned in the two preceding articles.
- Example: A police officer was running after 2
prisoners. He caught 1 and told the cigarette vendor
to look after such prisoner so he could run after the
2nd prisoner. The cigarette vendor allowed the
apprehended prisoner to escape. What is the liability
of the cigarette vendor?
 The cigarette vendor could be held liable for
infidelity of prisoner.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
July 6, 2016
Part 15
217 Malversation of public funds or property
- Could be held liable for malversation if he is
entrusted with public funds: national, provincial, or
municipal or public property
- A private property could also be subject of
malversation if the same has been attached, seized or
deposited by public authority even such property
belongs to private individual
EX: By virtue of a court order, an attachment order
has been issued and the sheriff attached certain
properties of the defendant or private individual but
the sheriff has misappropriated such property. The
sheriff can be held liable for malversation even if the
property under his custody is a private property.
222 Officers included in the preceding provisions
- The term administrator refers to a sheriff or a receiver
- But the same does not apply to an administrator of the
estate of a deceased person because the estate of a
deceased person is not attached, impounded or placed or
deposited in the court
226 Infidelity in the custody of documents
- The public officer here as part of his duties is charged
with the keeping of public documents
- He is officially entrusted with the documents but such
officer removes, destroys, or conceals such documents or
papers under his custody
EX of a public officer who can be charged with the
keeping of the documents:
 School registrar of a public school – is in charge with
the keeping of records of the students
 Record custodian
 Clerk of court – custodian of a court records
 Postmaster or postman – custodian of the mails
deposited in the post office
EX: If Clerk of court would destroy the records under his
custody, that would constitute infidelity in the custody of
documents.
EX: If the postman:
o Instead of delivering the letter or mail, he
would instead open the mail because when he
felt the contents, it felt like there was money –
liable for infidelity in the custody of documents.
o Delivers it to the wrong party – liable for
infidelity in the custody of documents.
o Receives letters, or envelopes containing money
orders for transmission and the money orders
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
are not sent to the addressee – liable for
infidelity in the custody of documents
o Has a postal money order (postal money order
is similar to a check) and the postman would
sign or falsify the signature and encash the
same – liable for malversation and falsification.
o Spends the postal money order – liable for 1)
malversation and falsification, 2) qualified theft
(committed when what is taken away is a mail
matter), 3) infidelity in the custody of
documents if he did not falsify
EX: In a buy bust operation there is money involved
there. Suppose the money used as buy-bust money is
presented in court as evidence and thereafter entrusted in
the custody of the Clerk of Court. Suppose the Clerk of
Court would spend the money would spend the money,
was is the crime committed?
 The crime committed is infidelity on the custody of
documents because money bills exhibited in court,
according to the SC are considered papers or
documents.
- CASE: Ppvs Abraham, February 17, 1922
o A deputy Clerk of Court who having received in his
official capacity several paper money as exhibits in a
case afterward took away the said money is guilty
of infidelity in the custody of documents.
o What about if the case has already been decided?
According to Justice Regalado, if the case has
already been terminated and the Clerk of Court, the
custodian of the bills would misappropriate the
money used as evidence the crime would be
malversation. Not anymore infidelity in the custody
of documents.
- Damage caused to a third party is not required. So even if
there is no damage caused to third parties then the crime
is still infidelity in the custody of documents.
- Committed when there is damage caused to public
interest
227 Officer breaking seal
- Crime would still be infidelity in the custody of
documents
EX: When the ballot boxes deposited with the treasurer‘s
office are broken or the treasurers office allowed them to
be broken then the treasurer could be held liable under
Art 227.
o Ballot boxes that have 3 locks and it also has a
seal.
EX: the election returns are placed in a sealed envelope. If
they are destroyed or the seal is broken or the document
is opened that is infidelity in the custody of documents
punishable under Art 227.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
228 Opening of closed documents
- Crime would still be infidelity in the custody of
documents but the document here is closed but not
sealed
229 Revelation of secrets by an officer
- The officer here or the secret here that is revealed is not a
state secret or a secret which has nothing to do with our
national defense
- If the secret that is being revealed is a state secret then the
crime is espionage
EX: A police officer revealed or told the accused that he
has a pending warrant of arrest so the accused ran away.
Supposed to be the existence of the warrant of arrest
should not be revealed and must be kept secret from the
concerned accused. If that is revealed then the police
officer would be held liable under Art 229.
230 Public officer revealing secrets of private individuals
- The private individual here confided his secret to such
public officer by reason of his office but such pubic officer
revealed such secret to other person
EX of public officer: a guidance counselor of a pubic
school – students confide in him about their problem
which should be kept secret by him
EX: lawyer – Art 209
231 Open disobedience
- The accused here is a public officer in the judicial or
executive branch and he refused to execute the judgment,
decision or order of his superior
EX: The newly-elected mayor ordered the municipal
secretary to give to the mayor the keys to the door of the
municipal building but the municipal secretary refused to
do so. This can be considered open disobedience.
EX: A lower court judge refused to comply with the order
of a higher court. That would not only warrant
disciplinary action but it can be a ground for criminal
action under Art 231.
232 Disobedience to order of superior officer, when said
order was suspended by inferior officer
- The accused or offender is a subordinate and the superior
issues an order but the subordinate suspended its
execution. When the superior learned about the
suspension or non-compliance with his order, the
superior orders the subordinate to comply but the
subordinate still refuses to comply with the order. It does
not warrant an administrative charge, insubordination
but it may also warrant the filing of the criminal charge,
for violation of Art 232.
- Elements:
1. The offender is a public officer
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
2. That an order is issued by his superior for execution
3. The he has for any reason suspended the execution
of such order
4. Superior disapproved of the suspension of the
execution
5. Offender continues to disobey his superior despite
the disapproval of the suspension
233 Refusal of assistance
- Public officer is requested to assist him, or to render his
assistance towards the administration of justice or public
service but such request is refused or that the public
officer who is requested to lend his cooperation refused
or failed to comply with such request and such failure
results in serious damage to public interest or third party
EX: The Office of the Ombudsman is very popular. They
can investigate even if it is based on news report or
rumors. They do not require a complaint from people. If
their officer personally gets to read the news that a public
officer commits malfeasance or misfeasance or
nonfeasance they can immediately initiate an action
against a public officer. If they are not experts on a certain
topic, they can request assistance from any government
agency.
If the crime involves malversation then they can
request from COA auditors to be sent and to conduct
audit on a certain office. If the request of the Office of the
Ombudsman is ignored by the officer of the COA to
which it is addressed, the officer concerned can be held
liable under Art 233, refusal of assistance.
EX: When there is a case filed a prosecutor sends a
subpoena to a party so that the respondent can answer to
any case filed against them. The problem there is if the
respondent lives in a far away place, how will the
subpoena be served?Sometimesthe Prosecutor‘s office
request assistance from the police. So the subpoena will
be sent to the Chief of Police then they request that it will
be served to the respondent. Suppose the Chief of Police
will not comply, the Chief of Police could be held liable
for refusal of assistance.
- CASE:US vs Castro, March 16, 1923
When a Chief of Police failed to serve a subpoena upon
the request of the Prosecutors was found liable under Art
233.
- CASE:
A government employee was requested to testify in court
as a prosecution witness but that government employee
refused to testify He was found liable under this article.
EX: Under Section 21 of RA 9165, if the law enforcers
confiscate in a checkpoint drug paraphernalia or drugs
then they are required to conduct inventory and at the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
same time they are required to take photos or pictures on
the items confiscated in the presence of the accused and
any elected public officials (e.g. barangay councilor,
barangay captain).
If the barangay captain or barangay councilor would
not go since he is still playing mahjong then he could be
charged under Art 233 for refusing to render assistance. It
would cause damage because without his presence, the
confiscated items presented in court, as evidence may not
be admitted for failure to comply with such requirement
under Sec 21. If admitted, it will not be given evidentiary
value and it may result to the acquittal of the accused. It
is without prejudice to possible administrative action.
234 Refusal to discharge elective office
- Obsolete provisionbecause today many people want to
serve
Art. 234 Refusal to discharge elective office
(According to judge this provision is obsolete because everybody now
wants to serve the public. But just study this for the Bar.)
Elements:
1. That the offender is elected by popular election to a
public office
2. That he refuses to be sworn in or to discharge the
duties of said office
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
But there is an issue now relating to this. Mark Villar has been
elected as Congressman of Las Pinas. He was also appointed as
Secretary of DPWH, I‘m not sure if he took oath. Now he
refuses to be sworn in as Congressman. Probably he‘ll use
absence of the element of ―no legal motive for such refusal‖.
Art. 235 Maltreatment of prisoners
- The penalty of prision correccional in its medium
period to prision mayor in its minimum period, in
addition to his liability for the physical injuries or
damage caused shall be imposed.
Elements:
1. That the offender is a public officer or employee
2. That he has under his charge a prisoner or detention
prisoner
3. That he maltreats such prisoner in either of the
following manners:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
a. By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either:
i. By imposition of punishments not
authorized by the regulations, or
ii. By inflicting such punishements (those
authorized) in a cruel and humiliating
manner, or
b. By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
- The public officer here have actual charge of the prisoner
or the detention prisoner but he overdoes in the correction
or handling of such prisoner; or he inflicted punishment in
a cruel and humiliating manner.
PENALTY: it is possible that the offender will be convicted for
two crimes because the penalty here is in addition to the
penalty he‘ll be meted with for physical injuries. This is
another example of a two- tiered penalty. Recall: Two- tiered
penalty, meaning the accused shall suffer the penalty for every
crime that he committed.
Qualifying Circumstance:
- If the purpose of the maltreatment is to extort a
confession or to obtain some information from the
prisoner, then the penalty is higher.
There is a special law related to this- the Anti Torture
Act (there will be a separate discussion on this).
THE PRISONER HERE MUST HAVE BEEN PLACED IN JAIL.
Because if he was maltreated before he was placed in jail, he
cannot be considered as a prisoner (convict or a detention
prisoner). In order to commit this crime, the person maltreated
must be placed in jail.
Art. 236 Anticipation of duties of a public officer
Elements:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment.
2. That the law requires that he should first be sworn in
and/ or should first give a bond
3. He assumes the performance of the duties and
powers of such office
4. That he has not taken his oath of office and/ or given
the bond required by law.
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Q: What shall a public officer do, either appointive or elective,
before discharging his office?
A: He has to take oath.
Q: What happens if he assumes office without taking oath
first?
A: He can be liable for a violation of Art. 236. Anticipation of
duties of a public officer.
―To give the bond required by law‖
- There are some public officers where before they can
assume office they would be required first to pay
bond. Especially those that involve the handling of
money. Example are the cashiers, treasurers etc.
If they perform their duties before furnishing the
required bond, they can be held liable for violation of
Art. 236 Anticipation of duties of a public officer.
Art. 237 Prolonging performance of duties and powers
Art. 236 Anticipation Art. 237 Prolonging
The public officer assumed The public officer continues to
the performance of his exercise his duties even after the
duties without taking oath period for him to hold office has
or paying the required already expired.
bond.
- Either he has been
suspended, separated
or dismissed.
Elements:
1. That the offender is holding a public office
2. That the period provided by law, regulations or
special provisions for holding such office, has already
expired.
3. That he continues to exercise the duties and powers of
such office.
PENALTIES: Because the offender is a public officer, aside
from imprisonment there is also a special temporary
disqualification. So there are the penalties of imprisonment,
fine and temporary disqualification.
Art. 238 Abandonment of office or position (before the acceptance
of his resignation)
Elements:
1. That the offender is a public officer
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
2. That he formally resigns from his position
3. His resignation has not yet been accepted
4. He abandons his office to the detriment of the public
service.
Example: A government nurse who applied for work abroad.
While still employed here, his visa and application for work
abroad have been accepted and so he files a formal resignation.
But because its acceptance took quite long, he just left his
resignation letter on the HR‘s desk and abandoned his work.
He can be liable under Art. 238.
AGGRAVATING CIRCUMSTANCE:
- If the purpose is to evade the discharge of the duties
of preventing, prosecuting or punishing any of the
crimes falling under Crimes against National Security
and the Law of Nations.
In the Judiciary, your resignation has to be accepted En banc.
It‘s a long process. (But there’s a technique to this- you run for
public office because then you’ll be deemed resigned)
Art. 239 Usurpation of legislative powers
Elements:
1. The offender is an executive or judicial officer
2. That he:
a. Makes general rules or regulations beyond the
scope of his authority or
b. Attempts to repeal a law or
c. Suspends the execution thereof.
Who can be liable here?
- The executive or the judicial officers.
Art. 240 Usurpation of executive functions
Elements:
1. The offender is a judge
2. That he
a. Assumes a power pertaining to the executive
authorities or
b. Obstructs the executive authorities in the lawful
exercise of their powers
Art. 241Usurpation of judicial functions
Elements:
1. That the offender is an officer of the executive branch of
the government
2. That he
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a. Assumes judicial powers or
b. Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction.
Example: There‘s a writ of execution or writ of demolition
issued by a judge but the mayor prevents the sheriff from
serving such writ. The mayor can be liable under this article.
Art. 242 Disobeying request for disqualification
Elements:
1. That the offender is a public officer
2. That a proceeding is pending before such public
officer
3. That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided
4. That he has been lawfully required to refrain from
continuing the proceeding
5. That he continues the proceeding.
Example: The public officer is conducting an investigation or a
trial, but his power from conducting the same is being
questioned. Despite the order for him to inhibit or to refrain or
to suspend the proceedings, he continued the proceedings. He
can be liable under this article, disobeying request for
disqualification.
Example: A TRO has been issued, but he ignored such TRO.
That is not only contemptuous but is also penalized under Art.
242 disobeying request for disqualification.
Art. 243 Orders or requests by executive officers to any judicial
authority.
Elements:
1. The offender is an executive officer
2. That he addresses any order or suggestion to any
judicial authority
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of
the courts of justice.
Note that these crimes (Articles 239- 243) pertain to the separation of
powers.
Art. 244 Unlawful Appointments
Elements:
1. That the offender is a public officer
2. He nominates or appoints a person to a public office
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

3. That such person lacks the legal qualifications - Or if such public officer doesn‘t render decisions or
therefor orders, he is required to submit a report to or consult with
4. That the offender knows that his nominee or appointee a superior officer for recommendations.
lacks the qualifications at the time he made the
OFFENDED PARTY:
nomination or appointment.

- The offended party, is a woman who is interested in

- The accused here is the appointing authority, or has the
matters or in cases pending before such officer for decision
power to nominate. So he is a high- ranking official.
(and this public officer makes an immoral or indecent advances).
Examples are the mayor, the regional director, the
president. But the president is immune from suit so you‘ll
Take Note: MERE SOLICITING IS ENOUGH. This crime is
have to wait til he finishes his term before you can sue
consummated by mere proposal because it is sufficient that
him.
there is soliciting or making immoral or indecent advances to
the woman.
Example: The president appoints his favourite beautician
to be the commissioner of the COMELEC. That is a
- The crime is without prejudice to the crime actually
violation of this article, unlawful appointments.
committed. So you can be liable for Abuses against
chastity (for mere solicitation) AND for acts of
Example: The regional director of DEPED appoints an
lasciviousness or unjust vexation as the case may be.
applicant for school teacher who did not pass the board
exam. That is also a violation of this article.
US vs. Morelos: PROOF OF SOLICITATION IS NOT
NECESSARY WHEN THERE IS SEXUAL INTERCOURSE.
Art. 245 Abuses against chastity
Elements:
Facts: The appellant was in charge of the prisoners, among
1. That the offender is a public officer
them a woman in the Tondo police station. He entered the
2. That he solicits or makes immoral or indecent
cell of the woman and had illicit relations with her. The
advances to a woman
appellant argues that the proof fails to show that he
3. That such woman must be
solicited a woman in his custody. It was proven however
a. Interested in matters pending before the offender
that his illicit relations were consummated.
for decision, or with respect to which he is
required to submit a report to or consult
SC: It would be a strange interpretation to place upon said
with a superior officer or
law. That a failure in the proof to show a ―solicitation‖
b. Under the custody of the offender who is a
was sufficient to relieve the defendant from responsibility,
warden or other public officer directly
when the act solicited was consummated.
charged with the care and custody of
prisoners or persons under arrest; or R.A. 3019 Anti-Graft and Corrupt Practices Act
c. The wife, daughter, sister or relative within
the same degree by affinity of the person in Background:
the custody of the offender.
This is one of the laws authored by the late Jovito Salonga.
Note: The mother of the person in the custody of the offender is not
Enacted to promote morality in public service; In line with the
included.
principle that public office is public trust.

OFFENDER: Terms:

- Probably the offender is a high- ranking official because he
can make decisions or orders. Examples are:
 A judge or
 prosecutor- because he makes resolutions; or
 regional director- because he renders decisions in
administrative cases.
―Government‖ here includes the national govt/ local/
GOCC/ and all other instrumentalities
―Public Officer‖ includes all elective and appointive officials
employees whether permanent or temporary or whether
classified or unclassified receiving compensation even nominal

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
from the government as defined in the preceding sub
paragraph.
―Receiving any gift‖ includes the act of accepting directly or
indirectly from a person other than a member of the public
officer‘s immediate family in behalf of himself or of any
member of his family or relative within the 4th civil degree
either by consanguinity or affinity even on occasion of family
celebration or national festivity; If the value of the gift under
the circumstances is manifestly excessive.
Corrupt Practices:
(a) Persuading/inducing or influencing another public
officer to perform an act constituting a violation of
rules and regulations duly promulgated by
competent authority or an offense in connection with
the official duties of the latter or allow himself to be
persuaded/induced or influenced to commit such
violation or offense.
Notes:
Under this paragraph, there are 2 public officers involved here;
this can‘t be committed by 1 only; 1 public officer is inducing
another public officer to perform/commit an act in violation of
an existing rules/laws and the other officer who is being
induced, allowed himself to be induced/persuaded to commit
such violation or offense.
For example the mayor would tell the members of the bids and
awards committee not to make bidding on a certain project of
the municipality; by inducing/persuading the members not to
conduct any bidding is a violation of existing laws/rules since
every public project should always undergo public bidding.
(b) Directly/indirectly requesting or receiving any
gift/benefit/present/share/percentage for himself or
for any other person in connection with any contract
or transaction between the govt. and any other party
wherein the public officer in his official capacity has
to intervene under the law
Notes:
Public officer here is a high ranking officer since such officer
represents in behalf of the govt. as to any transaction or
contract for the government.
There is liability if you ask for a share/gift or even if you did
not request but you received something. At the same time, the
public officer could also be held liable for direct bribery.
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There is a case, a fiscal held a preliminary investigation and
asked for money in return for a favorable resolution, now he is
charged under this paragraph, now the Supreme Court
acquitted him, why? Because a preliminary investigation
conducted by a fiscal is not considered as a contract or
transaction as to bring it under this paragraph. However such
act falls squarely under direct bribery punishable under the
RPC.
In People vs Peligrino 415 PHIL 94, BIR examiner here was
assigned to examine the tax liabilities of a doctor, now the
doctor has a tax liability more than P500,000, he was told by
the examiner that it can be lessen to P200,000 but requested
that the receipt would only reflect P51,858.57. The examiner
was entrapped and is liable under this paragraph.
(c) Directly/indirectly requesting/receiving any
gift/present or other pecuniary/material for himself
or for another, from any person for whom the public
officer or in any manner or capacity has secured or
obtained or will secure/obtain any govt.
permit/license in consideration for the help given or
to be given without prejudice to section 13 of this act.
Notes:
Tecson vs Sandiganbayan, now in this case, the mayor here is
asking and has receive 4,000 pesos in exchange for the issuance
for a business permit for an upcoming fiesta. He is charged for
violation under this paragraph, liable? Ofcourse.
July 8, 2016
Part 16
Continuation of RA 3019
(d) Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
during the pendency thereof or within one year after its termination.
Persons liable:
1. Public officer
2. Any member of his family
- ex: A public officer‘s son accepts employment in a
private enterprise which has pending official business
with the public officer
Is employment with the private enterprise which has
transaction with the public officer totally prohibited?
 No. The prohibition is only during the pendency of
the business or within 1 year after its termination
 -ex: A cement factory secures an environmental
compliance cert. with the DENR and the child of the
Regional Director (RD) of the DENRis allowed to be
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
employed with that cement factory – here the RD has
committed a violation of par. D
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted benefits,
advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply to officers
and employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.
 One of the commonly violated provisions in this law!
So take note of this!!
Prohibited acts:
1. Causing undue injury to any party including the
government
 Undue Injury – synonymous to actual
damages
3 modes of causing Undue Injury
1. Thru manifest partiality – biased; in
favor of one party which excited a
disposition to see and report matters as
they are wished for rather than as they
are
2. Thru evident bad faith – dishonest
purpose
3. Thru gross inexcusable negligence –
notice the double adjectives; lack of
slight care (―palabihangkadanghag‖)
2. By giving any private party (excluding the
government) any unwarranted benefits, advantage or
preference in the discharge of his official,
administrative or judicial functions.
Modes of Giving Unwarranted Benefits/Advantage
1. Manifest partiality
2. Evident bad faith
3. Gross inexcusable negligence
(same as Undue Injury)
Q: What is the crime committed when the city engineer uses
the backhoe of the city government for personal use?
- if he is the accountable officer, it‘s MALVERSATION
- if he is not the accountable officer, he violates par. e.
particularly causing undue injury to the government thru
evident bad faith (Amper vs Sandiganbayan 279 SCRA 434)
Why undue injury?
- because if you would‘ve allowed the backhoe to be
rented, the government would have earned from it.
Q: If you are working in the DPWH, and there is road
construction which needs an acquisition of right of way of a
certain lot. If you overprice the lot, is there undue injury to the
government?
- Yes. Thru evident bad faith. (Mijorada v Sandiganbayan 151
SCRA 399)
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Alviso v. Sandiganbayan 406 SCRA 311 – a very huge case
- ―Multi-million Highway Scandal‖
- This involved officials of DPWH. They made reports that the
roads of Cebu were being cemented, when in fact there weren‘t
any projects. The violation was committed in conspiracy with
COA auditors. Read more on this…
- This caused undue injury to the government thru evident bad
faith
Q: What is the crime committed by the public officer when he
paid the contractor of the town market almost 100% of the
contract price when in fact the construction of the market was
only 36% finished. Was there undue injury? Did the
government suffer pecuniary damage? Actual damage?
- Yes. Undue injury to the government thru evident bad faith
and manifest partiality.Biased in favor of the contractor. So the
3 modes may be combined in just 1 complaint. (Kibal v.
Sandiganbayan 244 SCRA 224)
TN! The victim here could be a private party.
Ex: DENR officials issued free patent titles to certain
individuals when in fact the lands are already titled in the
names of other persons. – there was undue injury to a private
party.
Ex: A ship full of smuggled rice was allowed by the customs to
sail out of the country. Undue injury?
- Yes! Thru manifest partiality in favor of the owner of the
cargo; and evident bad faith because of your fraudulent
purpose.
- if in the same case, the customs officer was not able to notice
the ship to sail because he slept while on duty? Then that‘s
gross inexcusable negligence. (Kadakoanangbarko!)
(f) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any matter
pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary
or material benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or discriminating
against any other interested party.
Prohibited acts:
1. Public officer refused or neglected a request or
demand without justifiable cause
2. Failed to act within reasonable time on any matter
pending before him after due demand or request
Q: The judge refused to rule on a motion to put up a
supersedeas bond because he wanted to have a share from that
supersedeas bond. What is the crime?
- Par f! For what purpose?TN that there must be a reason for
neglecting/refusing to act on that matter. So here, it is for the
reason of obtaining directly/indirectly some pecuniary benefit
or advantage. (Veracruz v. Sandiganbayan 269 SCRA 52)
Possible purposes under this paragraph:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
1. obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage
2. for the purpose of favoring his own interest or giving
undue advantage in favor of an interested party
3. discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
 Another commonly violated paragraph
 Public officer here is a high-ranking public official
because he enters into contract in the name of the
government (RD of an office, head of LGU – Gov,
Mayor)
 Instead of protecting the interest of the government,
he enters into the contract which is grossly and
manifestly disadvantageous to the government
(Mere entering in to the disadvantageous contract is
not a violation)
- ex: Mayor enters into a contract of sale over cargo
trucks, the price of which is equivalent to brand new
ones but what were delivered were 2nd hand cargo
trucks. – the contract here is GROSSLY
DISADVANTAGEOUS.
- ex: A lamppost which costs 16k but in the deed of
sale the price of each lamppost is 110k. – GROSSLY
DISADVANTAGEOUS
TN:
 Mere entering constitutes the crime already. If the
officer merely recommended, then he is not liable. It
is the officer who entered is the one liable.
 Validity of the contract need not be proved
Read: Luciano v Estrella 34 SCRA 769
Arias v SGB 80 SCRA 309: The usual defense of the public
officers is that they just relied on their subordinates, and did
not read each page of the document you signed. SC said all
heads of office have to rely to a reasonable extent on their
subordinates and on the good faith of those who prepare
deeds, or those who enter into negotiations. There are
hundreds of documents, vouchers that pass thru a public
officer‘s hands. In otherwords, the officer can raise GOOD
FAITH unless there is a clear case of conspiracy of reckless
imprudence on his part.
- this defense was also raised in Alviso v SGB. But the SC said
it is inapplicable when the accused were knowing
participants in the conspiracy considering that in spite the
patent irregularities in the documents presented to them,
they still affixed their signature thereto.
(h) Director or indirectly having financing or pecuniary interest in
any business, contract or transaction in connection with which he
intervenes or takes part in his official capacity, or in which he is
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prohibited by the Constitution or by any law from having any
interest.
 There is conflict of interest here.
 Ex: Mayor enters into a contract of lease and the lot is
owned by the city and the Mayor was the one who
rented. - So here the Mayor has pecuniary interest in
the contract.
 ―in which he is prohibited by the Constitution or by any
law from having any interest.‖
- remember in the Constitution where members of
congress, Pres, VP, Cabinet Members are prohibited
to enter into certain transactions. – if they violate this,
they could be charged.
 Case: A mayor built a cockpit (buwangan) thru
another perso (a dummy), in his own town where he
is the mayor. Under the LGC, a mayor is prohibited to
have financial interest in a cockpit in his own town. –
charged with par h of RA 3019 (Teves v SGB
12/17/04)
(i) Directly or indirectly becoming interested, for personal gain, or
having a material interest in any transaction or act requiring the
approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against
the same or does not participate in the action of the board, committee,
panel or group.
Interest for personal gain shall be presumed against those public
officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transaction or acts by the board, panel or
group to which they belong.
 Public officer here is a member of a board, group or
panel. (ex: provincial board, sangguniangbayan, city
council)
 How violated? There is a transaction which requires
the approval of the board, group or panel in which he
is a member. But at the same time, he is interested in
that transaction.
 There is a conflict of interest
 Violation is committed even if he voted against the
approval of the contract/ even he does not
participate in the action of the board. So your
remedy here if you are a member is you resign.
(j) Knowingly approving or granting any license, permit, privilege or
benefit in favor of any person not qualified for or not legally entitled
to such license, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
 Public officer here grants a license, permit, privilege
to one who is not qualified.
 Ex: RD of the LTFRB grants a franchise to operate a
taxi to a foreigner. (this is prohibited under the law) –
so the RD violated par. j.
(k) Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official position to
unauthorized persons, or releasing such information in advance of its
authorized release date.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Public officer here acquired confidential information
and released without authorization.
 Ex: You are the stenographer in court and when you
went out, the medial asked you about the decision of
the judge. You told the media. – You could be held
liable for violation of Anti-Graft, aside from possible
administrative charge
 TN that this law does not only deal with funds or
money but also of abuse of function
A Private person in conspiracy with a public officer could be
charged with a violation of Anti-Graft.
Section 4. Prohibition on private individuals. (a) It shall be unlawful
for any person having family or close personal relation with any
public official to capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly requesting or
receiving any present, gift or material or pecuniary advantage from
any other person having some business, transaction, application,
request or contract with the government, in which such public official
has to intervene. Family relation shall include the spouse or relatives
by consanguinity or affinity in the third civil degree. The word "close
personal relation" shall include close personal friendship, social and
fraternal connections, and professional employment all giving rise to
intimacy which assures free access to such public officer.
 This is what you call ―influence peddling‖
 Close personal relation – social and fraternal
connections and professional employment
(b) It shall be unlawful for any person knowingly to induce or cause
any public official to commit any of the offenses defined in Section 3
hereof.
 Again, the private person can be charged together
with a public officer
Section 5. Prohibition on certain relatives. It shall be unlawful for
the spouse or for any relative, by consanguinity or affinity, within
the third civil degree, of the President of the Philippines, the Vice-
President of the Philippines, the President of the Senate, or the
Speaker of the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or
application with the Government: Provided, That this section
shall not apply to any person who, prior to the assumption of office of
any of the above officials to whom he is related, has been already
dealing with the Government along the same line of business, nor to
any transaction, contract or application already existing or pending
at the time of such assumption of public office, nor to any application
filed by him the approval of which is not discretionary on the part of
the official or officials concerned but depends upon compliance with
requisites provided by law, or rules or regulations issued pursuant to
law, nor to any act lawfully performed in an official capacity or in the
exercise of a profession.
 Remember the ZTE scandal during Arroyo‘s time
where Mike Arroyo (Gloria‘s husband) transacted
when he was not supposed to (nag apil-apil)
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Section 6. Prohibition on Members of Congress. It shall be
unlawful hereafter for any Member of the Congress during
the term for which he has been elected, to acquire or receive
any personal pecuniary interest in any specific business
enterprise which will be directly and particularly favored or
benefited by any law or resolution authored by him
previously approved or adopted by the Congress during the
same term.
The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and acquires
or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or
other public officer, who, having such interest prior to the
approval of such law or resolution authored or recommended
by him, continues for thirty days after such approval to
retain such interest.
- He must not have received any pecuniary interest in
any specific business enterprise which will directly
and particularly favored by any law or resolution
offered by him.
- The RH Law, manufacturers of condoms and pills
will be benefited by the law. The government will
allocate funds for population control. A congressman
,who is a principal author and is given funds by the
such manufacturing companies, will be in violation if
this section.
Section 7. Statement of assets and liabilities. SALN
- Statements of Assets, Liabilities and Net worth (SALN)
- Every public officer
- Times to file SALN
1. Within thirty of assumption of office
2. Every April 30
3. Upon resignation or separation
- This would determine whether you acquired
unexplained wealth
o If you are unable to explain the acquisition of
luxurious properties then you are liable.
Section 8. Dismissal Due to Unexplained Wealth
- If the assets are manifestly out of proportion to the
salary and other lawful income, the same shall be
ground for removal or dismissal.
- RA 1405 Bank Secrecy Laws
o One of the exceptions to the bank secrecy law are
those bank deposits which are subjects of cases
involving RA 3019.
 Except dollar accounts. RA 1405 only
applies to peso deposits. It can only be
opened with authorization by the account
holder.
Section 9. Penalties for Violation
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Section 3,4,5 and 6
o 6 years and 1 month to 15 years imprisonment
o Perpetual Disqualification from public office
o Confiscation or Forfeiture of the Government of
any prohibited interest or unexplained wealth
manifestly out of proportion to his salary or
lawful income.
- Banco Filipino vs. Purisima 161 SCRA 576
Section 13. Suspension and Loss of Benefits
- If a public officer is charged for violation of this act as
well as any crime falling under Title VII of the RPC, in
order to prevent him from harassing the witnesses
that will testify against him, tampering with the
evidence presented against him and committing
further malfeasance while the case is pending, they
will have to be suspended. Preventive suspension is
not yet a penalty. It is similar to preventive detention.
- Preventive suspension is 90 days under this act
o There are also other preventive suspensions in
other cases.
 Under Administrative cases under civil
service 60 days
 Local Government 60 days
 Ombudsman 6 months (warrants dismissal
and evidence is strong) no prior hearing
required
o 90 day suspension applies to crimes under the
RA 3019 and Title VII of the RPC
o Sandiganbayan or regular courts
- If the public officer is acquitted of the charges, he shall
be entitled to all benefits due to him during the
period of his suspension.
- If he is convicted even if the penalty is only a fine, he
shall forfeit all benefits under the period of his
suspension. Perpetual disqualification may also be
applied.
- He may be suspended upon the filing of the criminal
case in court for:
1. Violation of RA 3019
2. Violation of Title VII of the RPC
3. Any offence involving Fraud involving
government funds or property
- Before suspension, there must be a hearing first because
the condition sine qua non is that the public officer
shall only be suspended under a valid information.
o Upon the issuance of the information then the
court shall issue a ―show cause order‖ requiring
the public officer why he should not be
suspended. He must be given a chance to
explain. If the court is not satisfied with his
explanation then he shall be suspended.
o The issuance of a show cause order will be
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excused if:
1. The accused himself filed a motion to
quash.
 If the motion to quash is denied then
it presupposes that the information
is valid and so there is no need for
the court to issue a show cause order
2. When the prosecution itself files a motion
to place the accused under preventive
suspension.
 This presupposes there is a hearing
- The accused is already occupying a different position
when the case is filed in court
o The accused committed a violation under
RA 3019 while he was a mayor. Later on he
ran for Congressman and the case was filed
in court while he was already a
congressman. He shall still be suspended.
Purposes of preventive suspension:
1. Prevent intervention with the proceedings
(harass witness and tamper with the
evidence)
2. Prevent Further Malfeasance
o Re-election cannot be a basis for non-
implementation of preventive suspension
o Aguinaldo Doctrine is no longer applicable
- If the prosecution is already done with the presentation
of its evidence, the suspension will still be
implemented until the end of the suspension period.
- If the 90 day period is over and the proceedings of the
case has not yet terminated.
o The public officer will be reinstated without
prejudice to the continuation of the case.
- The cancelation of the project that gave ground for the
suspension shall not be a ground for the non-
implementation of the 90 day period.
RA 1379. AN ACT DECLARING FORFEITURE IN FAVOR
OF THE STATE ANY PROPERTY FOUND TO HAVE BEEN
UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR
EMPLOYEE AND PROVIDING FOR THE PROCEEDINGS
THEREFOR.
- Petition for forfeiture of ill-gotten wealth of a public
officer
- The solicitor general will file the petition in court upon
filing of a complaint by any taxpayer before the city
or provincial fiscal. This is akin to a criminal case.
There is a complaint filed in the fiscal‘s office.
There will be a preliminary investigation to show if the wealth
is not proportionate to the lawful income of the respondent,
then the proper petition of forfeiture will be filed in court in
the RTC. The respondent public officer will be required to
respond to the petition. If the court finds sufficient ground that
the wealth is unexplained then there will be an order for
forfeiture in favor of the government.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
RA 6713. Code of Conduct and Ethical Standards for Public
Officers and Employees
Section 3. Definition of terms:
The definitions are more or less the same with the Anti-Graft
and Corrupt Practices act.
1. Government
2. Public Officials
3. Gift - refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a simulated
sale or an ostensibly onerous disposition thereof. It
shall not include an unsolicited gift of nominal or
insignificant value not given in anticipation of, or in
exchange for, a favor from a public official or
employee.
- Insignificant value depends on the position
of the public officer
4. Receiving any gift - includes the act of accepting
directly or indirectly, a gift from a person other than a
member of his family or relative as defined in this
Act, even on the occasion of a family celebration or
national festivity like Christmas, if the value of the
gift is neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.
xxx
9. Conflict of interest - arises when a public official or
employee is a member of a board, an officer, or a
substantial stockholder of a private corporation or
owner or has a substantial interest in a business, and
the interest of such corporation or business, or his
rights or duties therein, may be opposed to or affected
by the faithful performance of official duty.
10. Divestment - is the transfer of title or disposal of
interest in property by voluntarily, completely and
actually depriving or dispossessing oneself of his
right or title to it in favor of a person or persons other
than his spouse and relatives as defined in this Act.
11. Relatives - refers to any and all persons related to a
public official or employee within the fourth civil
degree of consanguinity or affinity, including bilas,
inso and balae.
Section 4. Eight standards of personal conduct
1. Commitment to Public Interest - Public officials and
employees shall always uphold the public interest
over and above personal interest. All government
resources and powers of their respective offices must
be employed and used efficiently, effectively,
honestly and economically, particularly to avoid
wastage in public funds and revenues.
- Habitual absenteeism/tardiness affects
commitment to public interest
- Overtime cannot make up for tardiness
2. Professionalism - Public officials and employees shall
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perform and discharge their duties with the highest
degree of excellence, professionalism, intelligence and
skill. They shall enter public service with utmost
devotion and dedication to duty. They shall endeavor
to discourage wrong perceptions of their roles as
dispensers or peddlers of undue patronage.
- When entering into government, there must
be competence
- Must not only be knowledgeable but also
hardworking
- Must not include hardworking in stealing
3. Justness and Sincerity - Public officials and employees
shall remain true to the people at all times. They must
act with justness and sincerity and shall not
discriminate against anyone, especially the poor and
the underprivileged. They shall at all times respect
the rights of others, and shall refrain from doing acts
contrary to law, good morals, good customs, public
policy, public order, public safety and public interest.
They shall not dispense or extend undue favors on
account of their office to their relatives whether by
consanguinity or affinity except with respect to
appointments of such relatives to positions
considered strictly confidential or as members of their
personal staff whose terms are coterminous with
theirs.
- Shall not discriminate anyone
4. Political Neutrality - Public officials and employees
shall provide service to everyone without unfair
discrimination and regardless of party affiliation or
preference.
- Must give service to everyone
5. Responsiveness to the Public - Public officials and
employees shall extend prompt, courteous, and
adequate service to the public. Unless otherwise
provided by law or when required by the public
interest, public officials and employees shall provide
information of their policies and procedures in clear
and understandable language, ensure openness of
information, public consultations and hearings
whenever appropriate, encourage suggestions,
simplify and systematize policy, rules and
procedures, avoid red tape and develop an
understanding and appreciation of the socio-
economic conditions prevailing in the country,
especially in the depressed rural and urban areas.
6. Nationalism and Patriotism - Public officials and
employees shall at all times be loyal to the Republic
and to the Filipino people, promote the use of locally
produced goods, resources and technology and
encourage appreciation and pride of country and
people. They shall endeavor to maintain and defend
Philippine sovereignty against foreign intrusion.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
7. Commitment to Democracy - Public officials and
employees shall commit themselves to the democratic
way of life and values, maintain the principle of
public accountability, and manifest by deeds the
supremacy of civilian authority over the military.
They shall at all times uphold the Constitution and
put loyalty to country above loyalty to persons or
party.
- Quezon "my loyalty to my political party
ends when my loyalty to my country begins"
8. Simple Living - Public officials and employees and
their families shall lead modest lives appropriate to
their positions and income. They shall not indulge in
extravagant or ostentatious display of wealth in any
form.
- Ostentatious display
- Even if you are truly rich, you must still live
a humble life
- Including their families
Section 5. Duties of Public Officials and Employees
1. Act Promptly on Letters and Requests - All public
officials and employees shall, within fifteen (15)
working days from receipt thereof, respond to letters,
telegrams or other means of communications sent by
the public. The reply must contain the action taken on
the request.
a. Anti- red tape act reduces to 10 days
2. Submit Annual Performance Reports - All heads or
other responsible officers of offices and agencies of
the government and of government-owned or
controlled corporations shall, within forty-five (45)
working days from the end of the year, render a
performance report of the agency or office or
corporation concerned. Such report shall be open and
available to the public within regular office hours.
a. Reply must be in writing
3. Process Documents and Papers Expeditiously - All
official papers and documents must be processed and
completed within a reasonable time from the
preparation thereof and must contain, as far as
practicable, not more than three (3) signatories
therein. In the absence of duly authorized signatories,
the official next-in-rank or officer in charge shall sign
for and in their behalf.
4. Act Immediately on the Public's Personal Transactions
- All public officials and employees must attend to
anyone who wants to avail himself of the services of
their offices and must, at all times, act promptly and
expeditiously.
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5. Make Documents Accessible to the Public - All public
documents must be made accessible to, and readily
available for inspection by, the public within
reasonable working hours.
a. Freedom in Information order (executive
branch only)
Sec. 7. Prohibited acts and transactions
- (a) Financial and material interest. - Public officials
and employees shall not, directly or indirectly, have
any financial or material interest in any transaction
requiring the approval of their office.
 For example, you are an official in the DENR
and you have a factory. You have to sell
your factory because it affects your function,
there will be conflict of interest or not accept
the office.
- (b) Outside employment and other activities related
thereto. - Public officials and employees during their
incumbency shall not:
1. Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent,
trustee or nominee in any private
enterprise regulated, supervised or
licensed by their office unless
expressly allowed by law;
 Example: A DENR official is allowed to
become a consultant of cement factories
supervised by an office. A DepEd official
can‘t be a consultant to employees of private
schools.
2. Engage in the private practice of
their profession unless authorized
by the Constitution or law,
provided, that such practice will
not conflict or tend to conflict with
their official functions; or If
allowed, you have to seek
permission.
 Example: if you are a CPA hired by COA,
you can‘t accept private practice.
 A Lawyer can‘t also engage in private
practice except when authorized by the head
of office. For instance, you are in the city
legal office and you are authorized by the
mayor to engage in private practice, then
you can. But if you appear in court, you have
to take a leave of absence.If you are in the
DPWH, you can have private practice
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

provided you are authorized by the Regional  For example, the director of the BIR solicits
Director, then you take leave of absence once lechon and some amount of money for the
you appear in court. prizes of the Christmas party from the
 Judges, the same. But they are allowed to clients. Are you liable for any crime? Yes in
teach or render lectures provided they have violation of R.A. 6713 and could also be a
been given authority by their executive violation of RPC as indirect bribery because
judge. these gifts are given by reason of your office
3. Recommend any person to any although there is no agreement.
position in a private enterprise  If you did not ask, just the same because you
which has a regular or pending accept.
official transaction with their office.
 Mere recommendation is a violation. Section 8.Statements and Disclosure. - Public officials and
- These prohibitions shall continue to apply for a employees have an obligation to accomplish and submit
period of one (1) year after resignation, retirement, or declarations under oath of, and the public has the right to
separation from public office, except in the case of know, their assets, liabilities, net worth and financial and
subparagraph (b) (2) above, but the professional business interests including those of their spouses and of
concerned cannot practice his profession in unmarried children under eighteen (18) years of age living in
connection with any matter before the office he used their households.
to be with, in which case the 1 year prohibition shall
- Again, this requires the submission of SALN.
likewise apply.
- There are two laws which requires the submission
- (c) Disclosure and/or misuse of confidential
of SALN:
information. - Public officials and employees shall
1. the anti-graft and corrupt practices act
not use or divulge, confidential or classified
2. this law, R.A. 6713.
information officially known to them by reason of
- Mere failure to submit SALN is a violation. If you also
their office and not made available to the public,
submit but you do not disclose the all and true assets
either:
and liabilities, also liable.
1. To further their private interests, or
give undue advantage to anyone; or
Section 9.Divestment. - A public official or employee shall
2. To prejudice the public interest.
avoid conflicts of interest at all times. When a conflict of
 This is a provision prohibiting divulging
interest arises, he shall resign from his position in any private
private information. The law on
business enterprise within thirty (30) days from his
transparency rather than secrecy, the
assumption of office and/or divest himself of his
confidential information are not
shareholdings or interest within sixty (60) days from such
included.
assumption.
 For example, you‘re a clerk of court and you
- If you are employed in a private establishment but
disclosed the decision before it was
your interest would be in conflict with your present
promulgated. Or you are a police officer, and
position, so you have to resign.
you knew that B has a warrant of arrest and
- Example, you own a school and you were appointed
you told C. that is an example of violation of
as a secretary of Education, necessarily, you have to
disclosure and or misuse of confidential
resign from that school. Or if you are the owner and
information.
you don‘t have a position in the school, you have to
- (d) Solicitation or acceptance of gifts. - Public
divest your private interests.
officials and employees shall not solicit or accept,
- If you are a banker and appointed a position in
directly or indirectly, any gift, gratuity, favor,
Central Bank, you have to give up your interests in
entertainment, loan or anything of monetary value
the bank.
from any person in the course of their official duties
- The same rule shall apply where the public official or
or in connection with any operation being regulated
employee is a partner in a partnership.
by, or any transaction which may be affected by the
- The requirement of divestment shall not apply to
functions of their office.
those who serve the Government in an honorary

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
capacity nor to laborers and casual or temporary
workers.
 Take note of this, the last paragraph.
 Example, you are serving as honorary consul
to Korea or Japan. You need not give up
your investment.
PD No. 46 - MAKING IT PUNISHABLE FOR PUBLIC
OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR
PRIVATE PERSONS TO GIVE, GIFTS ON ANY
OCCASION, INCLUDING CHRISTMAS
- This is a law which prohibits the solicitation or
acceptance gifts of the officials.
RA 7080 - AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
- This is about plunder.
- Public Officer- means any person holding any public
office in the Government of the Republic of the
Philippines by virtue of an appointment, election or
contract.
- Ill-gotten wealth - means any asset, property,
business enterprise or material possession of any
person within the purview of Section Two (2) hereof,
acquired by him directly or indirectly through
dummies, nominees, agents, subordinates and/or
business associates by any combination or series of
the following means or similar schemes: (TN of these)
1. Through misappropriation, conversion,
misuse, or malversation of public funds
or raids on the public treasury;
2. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of
pecuniary benefit from any person
and/or entity in connection with any
government contract or project or by
reason of the office or position of the
public officer concerned;
3. By the illegal or fraudulent conveyance
or disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or
instrumentalities or government-owned
or -controlled corporations and their
subsidiaries;
4. By obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
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participation including promise of
future employment in any business
enterprise or undertaking;
5. By establishing agricultural, industrial
or commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
6. By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly
enrich himself or themselves at the
expense and to the damage and
prejudice of the Filipino people and the
Republic of the Philippines.
 These 6 schemes are the so-called predicate
acts or criminal acts. These acts are penalized
already wither by RPC or SPL. Example, NO
4 is bribery.
 Why is it that they still enacted the Law on
Plunder when there are existing laws
already?
 This is because the purpose of plunder
law is to make it easier to prosecute the
public officer. Why easier to prosecute?
- Just imagine, for example the
president serving for 6 years. Just
imagine Pres. Marcos who served for
20 years on how many cases of
malversation he committed as well
as bribery if he is corrupt.
- Example, if he committed 50 acts of
bribery, each act would constitute a
crime. So you have to file 50 cases of
information on bribery. But through
plunder, 1 information only. All the
acts, or series or combination of acts
will be considered or there is a
combination. These are the schemes.
- There is no plunder if there is only
one act. Even if the amount obtained
amounted to 50M, that is not
plunder. It could be bribery or
malversation. It could not be plunder
because plunder requires series or
combination of schemes.
- Who can be held liable in the crime of plunder? Can
it be committed by just 1 person?
 Yes. It could be.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 Sec 2 - Any public officer who, by himself or
in connivance with members of his family,
relatives by affinity or consanguinity, business
associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten
wealth.
 through a combination or series of
overt or criminal acts as described
in Section 1(d) hereof,
 in the aggregate amount or total
value of at least 50M shall be guilty
of the crime of plunder
 Can a private person be charged of
plunder?
 Yes. Sec 2 provides that ―Any
person who participated with said
public officer in the commission of
plunder shall likewise be punished‖
for such offense
- The ill-gotten wealth shall be forfeited in favour of the
government upon conviction.
- Estrada vsSandiganbayan, Feb 26, 2002
- PpvsEnrile, GR No 213455, August 11, 2015
July 10, 2016
Part 17
Elements of the Crime of Plunder:
1. committed by any public officer who, by himself or in
connivance with members of his family, relatives by
affinity or consanguinity, business associates,
subordinates or other persons,
2. that public officer amasses, accumulates or acquires
ill-gotten wealth
3. through a combination or series of overt or criminal
acts mentioned in Section 1(d), in the aggregate
amount or total value of at least 50M pesos
The different criminal acts or predicate criminal acts are:
1. Through misappropriation, conversion, misuse, or
malversation of public funds or raids on the public
treasury;
2. By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract or project
or by reason of the office or position of the public
officer concerned;
3. By the illegal or fraudulent conveyance or disposition
of assets belonging to the National Government or
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any of its subdivisions, agencies or instrumentalities
or government-owned or -controlled corporations
and their subsidiaries;
4. By obtaining, receiving or accepting directly or
indirectly any shares of stock, equity or any other
form of interest or participation including promise of
future employment in any business enterprise or
undertaking;
5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or
implementation of decrees and orders intended to
benefit particular persons or special interests; or
6. By taking undue advantage of official position,
authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
people and the Republic of the Philippines.
Take note:
- Series or combination of criminal acts
- Plunder cannot be committed through a single
transaction even if the ill-gotten wealth acquired
amounted to 50M or more. It must be through series
or combination of criminal acts mentioned.
- Any person who participated with said public officer
in the commission of plunder shall likewise be
punished for such offense. This refers to private
persons who could also be charged provided he
conspired with the public officer.
- The essence of plunder is the amassing, accumulating
or acquiring ill-gotten wealth by a public officer or his
associates or subordinates
Estrada v Sandiganbayan
- 2 kinds of conspiracy in the crime of plunder
1. Wheel or circle conspiracy –there is 1 person
or group in the center of the conspiracy.
Those surrounding him are his associates.
All of them are working for one goal.
2. Chain conspiracy – here, from the
manufacturer goes to his wholesaler then to
the distributor/retailer then to the consumer
or user.
- SC said the conspiracy followed in the case of Estrada
and company is the wheel or circle conspiracy. The
hub is former President Estrada while the spokes are
all the accused, and the rim that encloses the spokes is
the common goal in the overall conspiracy which is
the amassing, accumulation and acquisition of ill-
gotten wealth.
- How did Estrada commit plunder?
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 According to the Sandiganbayan, Estrada
committed plunder by the following:
1. By a series of acts of receiving bimonthly
collections from jueteng which is a form of
illegal gambling during the period
beginning Nov 1998-august 2000 in the
total amount of 545,291,000.00, 200M of
which was deposited in the Erap Muslim
Youth Foundation.
2. By series of 2 acts of ordering the GSIS
and SSS to purchase shares of stocks of
Belle Corporation and collecting or
receiving commissions from such
purchase or sales in the amount of
189,700,000 which became part of the
deposit in the Jose Velarde account.
―Jose Velarde‖ - This was a violation of CA 142, the use of
another name other than your registered name except when
such other name is used in the entertainment, cinema, tv or
radio, athletics. In these instances, there‘s no need of a court
order. But in another alias, they should ask permission from
the court to use such alias name.
Remember again that the purpose of plunder is to prosecute
public officers who would have acquired ill-gotten wealth.
- Section 3. Competent Court - Until otherwise
provided by law, all prosecutions under this Act shall
be within the original jurisdiction of the
Sandiganbayan.
 Connect this to the Rules on Criminal
Procedure. It does not mean that the
Sandiganbayan has the exclusive jurisdiction
over all plunder cases. It depends upon the
position or salary grade of the public officer. So
RTC also has jurisdiction over plunder cases,
except those who have higher salary grades or
those expressly mentioned by the
Sandiganbayan to be under its jurisdiction.
- Section 4. Rule of Evidence - For purposes of
establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done
by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten
wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts
indicative of the overall unlawful scheme or
conspiracy.
 Example, there are 50 information. It is not
necessary for the prosecution to prove all the 50
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acts. Because of this law, all the 50 criminal acts
are contained in 1 information. So during the
trial, there is no need for the prosecution to
prove all the 50 criminal acts to convict the
accused. It is not necessary. All the prosecution
has to do is to establish a pattern. For instance, if
prosecution can prove 10 acts out of the 50 acts,
and among these 10acts he acquired 50M, then it
is sufficient to convict the accused of the crime
of plunder.
- Section 5. Suspension and Loss of Benefits
 Any public officer against whom any criminal
prosecution under a valid information under
this Act in whatever stage of execution and mode of
participation, is pending in court, shall be
suspended from office.
 There is no mention how many
days will the public officer be
suspended
 If we follow the provision of the
Anti—graft Act, suspension is for
90 days.
 There must be a prior hearing
 Should he be convicted by final judgment, he shall
lose all retirement or gratuity benefits under
any law,
 but if he is acquitted, he shall be entitled to
reinstatement and to the salaries and other
benefits which he failed to receive during
suspension, unless in the meantime,
administrative proceedings have been filed
against him.
- Section 6. Prescription of Crimes
 The crime punishable under this act shall
prescribe in 20 years. After the lapse of 20
years, if there is no case filed against him, he
shall not be prosecuted anymore.
 However, the right of the State to recover
properties unlawfully acquired by public
officers from them or from their nominees or
transferees shall not be barred by
prescription, laches, or estoppel.
TAKE NOTE OF THOSE CRIMES THAT CAN BE
CHARGED AGAINST PUBLIC OFFICERS. 
TITLE VIII: CRIMES AGAINST PERSONS
Article 246: Parricide
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
What do you mean by parricide?
―Any person who shall kill his father, mother, or child, whether
legitimate or illegitimate, or any of his ascendants, or descendants,
or his spouse, shall be guilty of parricide.‖
Parricide is the killing of ascendants or descendants, except
only the spouse.
Brothers and sisters
– If the elder brother kills the younger brother or vice
versa, the crime is not Parricide. That is either
Homicide or Murder.
Relatives by affinity
– If the accused kills his father-in-law, that is not
Parricide. That is either Homicide or Murder.
Adopted child and adoptive parent
– That is not Parricide. That is either Homicide or
Murder.
Stranger who conspires with the spouse
– Either Homicide or Murder.
The relationship of the spouses must be legitimate.
– So the one killed is a common law spouse, that not
Parricide. That is either Homicide or Murder.
With regards the father, the mother and the child the
relationship could be legitimate or illegitimate. But as regards
the other ascendants or descendants, the relationship should
be legitimate.
Example:
GF (Father of F)
F (Illegitimate father of S)
S (Illegitimate Son of F)
If GF here would kill S, that is not Parricide. That is either
Homicide or Murder. The same if it is S who kills GF. Now if
S is less than 3 years old, that is Infanticide.
Situation:
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X wanted to kill Y. Because he wanted to kill Y, he waited for
Y at nighttime. Upon seeing a figure resembling that of Y, X
fired at the person. It so happen that it was his own father.
What is the crime committed?
– Parricide. The law does not require knowledge of
relationship between them.
Article 247
Article 247 does not define a crime. It is in the nature of an
exempting circumstance, a defense.
It says: ―A legally married person who having surprised his spouse
in the act of committing sexual intercourse with another person,
shall kill any or both of them in the act or immediately thereafter, or
shall inflict upon them any serious physical injury.‖
– The penalty is merely Destierro, which, according
to the SC, is not actually a penalty. This is a sort of
protection to the accused from possible revenge
from the relatives of the deceased.
– The relationship must be legitimate. They must be
legally married.
Situation:
The husband saw his wife and her paramour in a ―kissing
scene‖. Then and there the husband killed her husband and
the paramour. Is he liable?
– Yes. Because they are not in the act of sexual
intercourse. The law says, ―in the act of committing
sexual intercourse‖. So be patient, you wait! 
―Immediately thereafter‖
For example, the wife and her paramour were in the act of
having sexual intercourse. When the husband caught them,
the paramour jumped off the window. The husband pursued
the paramour. After overtaking him, the husband killed him.
Is he liable?
– No. It is still exempting. The law says, ―In the act or
immediately thereafter‖.
PP vs Abarca, 153 SCRA 735
Abarca was reviewing for the Bar in 1983 in Manila
for 6 months. While away, the wife was having an
extramarital affair. On the morning of July 15 1984, the
accused asked permission from his wife that he will go fetch
their daughter in Samar. The bus is scheduled to leave only
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
twice in a day – one in the morning and another in the
afternoon. He was not able to catch the morning trip. So he
waited for the afternoon trip. Unfortunately, the bus was not
able to proceed with its trip because its engine broke down.
What he did, he visited his father first then went home. When
he reached home, he heard moaning from inside the house.
So, he proceeded immediately. There he found his wife
having sexual intercourse with her paramour. The paramour,
upon seeing the husband, immediately grabbed his revolver
and pointed at the husband. The husband ran away and went
to the house of his soldier-friend and took the latter‘s armalite
riffle. Thereafter, he returned to his house but the paramour
was no longer there. So he went to the place where the
paramour would usually hang out. Upon reaching the place,
he saw him playing mahjong. Then and there, he fired at the
paramour, killing him instantly.
Is Abarca liable for the killing of the paramour?
– No. The SC acquitted him. According to the SC, the
RPC, in requiring that the accused ―shall kill any of
them or both of them… immediately‖ after surprising
his spouse in the act of intercourse, does not say
that he should commit the killing instantly
thereafter. It only requires that the death caused be
the proximate result of the outrage overwhelming
the accused after chancing upon the accused in the
basest act of infidelity. But the killing should have
been actually motivated by the same blind impulse
and must have been influenced by external factors.
The killing must be the direct by-product of the
accused‘s rage.
On occasion of the firing at the paramour, stray bullets hit a
couple in another room. He was charged with Frustrated
Murder. Is Abarca liable?
– Yes, but not of Frustrated Murder. The SC ruled
that the accused, although he was committing a
legitimate act, should be held liable for the injuries
inflicted on the unintended victims. According to
the SC, there was negligence on his part. The
accused did not exercise caution, not taking into
consideration that he was armed with a very
powerful firearm. Crime committed is Reckless
Imprudence resulting in Serious Physical Injuries.
Criminally as well as civilly liable.
PP vs Alano, 32 Phil 383-384
One evening, the wife asked permission from the husband
Inflicted merely physical injuries
that she would go to a nearby store. Considering that the wife
did not return immediately their sick child was already
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crying, the husband decided to follow the wife to the store but
could not find his wife there. He therefore decided to return
home. But on his way home, he tripped on a wire lying across
the way. When he stopped, he observed the leaves of the
bamboo grass moving. He saw his wife in the act of sexual
intercourse with her paramour. The accused, upon seeing
them, drew a fan knife and pursued the paramour. Because he
was not able to overtake him, he returned to his house where
he found his wife in the act of climbing the stairs. He then
stabbed her several times. She died as a result.
The husband was charged with Parricide. Is he liable?
– No. The SC held that, the unfaithful wife was not
killed in the very place where she was caught, for
the reason that the wronged husband preferred to
first attack the despoiler of his honor and
afterwards the adulterous wife who succeeded in
getting away from the place where she was caught
with her paramour. The assault of the woman must
be understood to be a continuation of the act of the
wronged husband‘s pursuit of her paramour, who
had the good fortune to escape and immediately
get away. According to the SC, the discovery, the
escape, the pursuit and the killing must all form
part of one continuous act.
Another case:
The husband caught his wife in the act of sexual intercourse.
The paramour was able to escape through the window. But
the wife received a severe scolding from the husband and was
ordered to leave the house. Calling her husband names, the
wife gathered her clothes and took a bolo from the kitchen.
When her husband followed her, she attacked him with the
bolo, wounding him in the abdomen twice. Wrestling the bolo
from his wife, the husband stabbed the wife in the breast. She
died from the wounds that night. The husband, though
seriously wounded, survived.
The husband was charged with Parricide for killing his wife.
Is he liable?
– According to the SC, the husband is liable. (Dili na
kasab-an, patyon na dayon. Kelangan walay interval)
– Again, the SC said, the discovery, the escape, the
pursuit and the killing must all form part of one
continuous act. The killing must be the by-product
of the accused‘s rage.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
– For example, if the husband boxed the wife.
Accused is exempt from punishment.
―These rules shall be applicable, under the same circumstances, to
parents with respect to their daughters under eighteen years of age,
and their seducer, while the daughters are living with their
parents.‖
So, the father (for example) may kill the seducer of his
daughter as well as the daughter itself.
– Judge D. Opinion: This should be repealed. Why
should you include your minor daughter? The law
is unreasonable.
―Any person who shall promote or facilitate the prostitution of his
wife or daughter, or shall otherwise have consented to the infidelity
of the other spouse shall not be entitled to the benefits of this
article.‖
Article 248: Murder
What is murder?
It is the unlawful killing of any person which is not Parricide
or Infanticide, provided any of the following circumstances are
present:
1. With treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to weaken
the defense or of means or persons to insure or afford
impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public
calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse.
―Outraging or scoffing at his person or corpse‖
– The only aggravating circumstance not found in
the Article 14.
– ―Outraging‖ means to commit an extremely vicious
or deeply insulting act.
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Example, weighing the victims‘ bodies with a
cement and hub cap and tying their wrists
and ankles with nylon card and wire (PP vs
Maguddatu). Another example, that of the
Baramida sisters, whose bodies were placed
inside a barrel, cemented and thrown in the
sea. The cutting off of the head of the victim
is also outraging.
– ―Scoffing‖ means to mock, to jeer; this implies a
showing of irreverence.
Example, the killer removed the intestines of
the victim and hung them around the neck
of the victim‘s brother ―as a necklace‖ and
the lungs and liver were facetiously
described as ―pulutan‖. (PP vs Carmina)
Do you remember that bombing incident right after the Bar in
2010? There was a grenade thrown by the accused. The victim
did not die. What‘s the committed?
– The crime committed is Frustrated Murder. The
aggravating circumstance present is ―use of
explosives‖, paragraph 3, Article 248.
– You remember the aggravating circumstances
mentioned.
Note: If in the killing of the victim there are 2 or more
aggravating circumstances, only (1) will qualify the killing to
Murder. The other aggravating circumstances, if any, will only
be considered generic aggravating circumstances.
Art. 248 Murder
Elements:
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of the qualifying
circumstances
4. That the killing is not parricide or infanticide.
Take note: Other aggravating circumstances are found in
Special Penal Laws.
Example: The use of an unlicensed firearm; The use of drugs.
Under RA 9165, if the accused is found to be under the
influence of drugs at the time of the commission of crime, the
use of drugs will be considered as a qualifying aggravating
circumstance. So although the crime committed is homicide,
the use of drugs can qualify the crime of homicide to murder.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Art. 249 Homicide SPECIFIC INTENT TO KILL.

- the unlawful killing of any person which is neither - Aside from proving the general criminal intent, the
murder, parricide nor infanticide. prosecution has to establish the specific criminal
intent to kill.
Penalty- Reclusion Temporal
- If what was proved was only a general intent to inflict
Elements:
physical injuries. Then the crime is only that of
1. A person was killed Physical injuries.
2. That the accused killed him without any justifying
circumstance - Example: Suppose the accused only boxed the victim.
3. That the accused had the intention to kill, which is And so was charged with Physical injuries (which
presumed may be serious, less serious or slight depending on
4. That the killing was not attended by any of the the wound or wounds inflicted). Later on, the victim
qualifying circumstances of murder, or by that of died. Q: What crime was committed, suppose there was no
parricide or infanticide. intent to kill?

IN BOTH MURDER AND HOMICIDE, INTENT TO KILL Ans. HOMICIDE. Because even if there was no intent
IS PRESUMED. to kill, such intent is conclusively presumed when the
act committed resulted to death.
- If the victim doesn‘t die, intent to kill is not
presumed. The prosecution must prove and establish FRUSTRATED/ CONSUMMATED
intent to kill. ATTEMPTED HOMICIDE

Q: How can the prosecution prove that there was intent to Specific criminal intent Intent to kill is presumed.
kill on the part of the accused? to kill must be established.
A: By showing to the court:
1. The weapon used- If the accused used a
firearm, that may show intent to kill; THERE IS NO SUCH CRIME AS RECKLESS
2. Location of the wounds IMPRUDENCE RESULTING TO FRUSTRATED MURDER
- If the wounds are for example located in
the vital parts of the body, for example - Because frustrated murder presupposes intent to kill.
the head, that may indicate intent to kill. Considering that there is no intent to kill, the crime
committed is only Reckless Imprudence resulting to
FRUSTRATED HOMICIDE ATTEMPTED HOMICIDE Serious or less serious physical injuries, as the case
may be.
- If the wound is mortal or - If the wounds are not fatal;
fatal, and had it not for the or Art. 250 Penalty for frustrated parricide, murder or homicide.
timely medical assistance, - If there‘s no wound at all,
the victim would have for instance the victim was - Courts may impose a penalty two degrees lower for
died. hit by a bullet in the head
frustrated parricide, murder or homicide;
but because he‘s hard-
headed the bullet did
injure him. - Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
Q: Why do we have to put ―murder or homicide‖
Art. 251 Death caused in a tumultuous affray
A: Because if any of the aggravating circumstances of murder
Tumultuous affray- In art. 153, it means that the
are present, the crime is frustrated murder. Otherwise just
disturbance is caused by more than 3 persons who are
frustrated homicide.
armed or are provided with means of violence.

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Penalty: The crime committed is HOMICIDE IN
TUMULTUOUS AFFRAY. The penalty is prision
mayor. Notice that it is lower than that of homicide.
Elements: (Emphasis supplied for the important elements)
1. There be several persons
2. They did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally
3. That these several persons quarrelled and assaulted
one another in a confused and tumultuous manner
4. That someone was killed in the course of the affray
5. That it cannot be ascertained who actually killed the
deceased
6. That the person or persons who inflicted serious
physical injuries or who used violence can be
identified.
Example: ACRO vs. Tau Gamma Phi. In the course of their
fight, one member of ACRO died, and it cannot be
determined who among the members of TGP killed the
victim. Q: What’s the crime committed?
A: Note that this article only applies when the persons
involved in the fight do not compose a group. Like that
which we call a carambola. (Judge D didn’t provide for the
answer but probably homicide).
Q: If it cannot be ascertained who actually killed the deceased,
then how do we determine who’s liable?
A: The one who inflicted serious physical injuries if can be
indentified shall be held liable for homicide in tumultuous
affray.
Art. 252 Physical injuries inflicted in a tumultuous affray
Elements:
1. That there is a tumultuous affray as referred to in the
preceding article
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only.
3. That the person responsible therefor cannot be
identified.
4. That all those who appear to have used violence upon
the person of the offended party are known.
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- If the injuries inflicted are only slight physical
injuries, then there‘s no crime committed.
Art. 253 Giving assistance to suicide
Acts punishable:
1. By assisting another to commit suicide, whether the
suicide is consummated or not
2. By lending his assistance to another to commit suicide
to the extent of doing the killing himself.
As what we have learned, committing suicide is not a crime. What is
punishable here is giving assistance to a person who would like to
commit suicide.
What are the forms of assistance?
Example: Handing a knife, gun or poison to a person
wanting to commit suicide. Or assisting one to hang
himself up the rope.
Q: What if the one who rendered assistance was the one
who killed the suicide victim? Ans. That is
AGGRAVATING. By lending his assistance to
another to commit suicide to the extent of doing the
killing himself, he can be meted with a penalty of
prision temporal, the same with that of homicide.
Case: There was this instructor before in Cebu Institute of
Technology who believed that 3 days after death, he would
resurrect. So he wanted to prove it. With the knowledge of the
media, he went to Plaza Independencia bringing with him a
gallon of gasoline. When we was already about to burn
himself, he requested one of the spectators to light the match
for him. And so one of the spectators obliged. The victim died.
RTC acquitted the accused because according to the judge, the
victim was not committing suicide. Because when you commit
suicide you want to die. Which wasn‘t the case here.
According to the court it was a religious belief and so he was
acquitted, perhaps based on reasonable doubt.
Art 254 Discharge of firearms
Elements:
1. The offender discharges a firearm against or at
another person
2. The offender has no intention to kill that person.
- The accused here fired at another person but the act
would not constitute attempted homicide or attempted
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
parricide or attempted murder. Why? Because there is no
intent to kill.
How can there be no intent to kill when the offender discharged
the firearm against the victim?
- Because of the distance. The possibility of hitting the
victim is remote. Except of course when the offender
used a high- powered firearm.
- If the distance was not so far, but still the victim was
not hit. The crime is ATTEMPTED HOMICIDE OR
ATTEMPTED MURDER. Legal basis: definition of
an attempted felony.
Illegal discharge of firearm presupposes that there is no intent
to kill; the purpose of the offender is merely to frighten the
victim; no intent to kill, merely to intimidate.
-People vs. Agbuya 57 SCRA 238; the distance of 200 meters
was so great that it is difficult to impute an intention on the
part of the offender to kill the offended party.
Article 255. Infanticide
Killing of a child/infant less than 3days of age;
Date of birth is material for the conviction of the accused,
hence date of birth must be stated in the information.
Note: Killing a child of tender years is always murder even if
the manner of killing is not proved by the prosecution; mere
fact that the victim is a minor is sufficient
Mitigating circumstance: if the killing is done by the mother to
conceal dishonor; penalty is prision mayor in its med-max
periods instead of reclusion perpetua to death; if said crime is
committed by same purpose by the maternal grandparents
(not paternal), penalty is reclusion temporal.
The baby must be born alive and fully developed that is, it can
sustain an independent life.
Article 256. Intentional Abortion
Any person who shall intentionally/willfully cause an
abortion shall suffer the penalty of reclusion temporal if used
any violence upon the person of the pregnant woman;
purposely to abort the child
Notes:
What if the father let the daughter take abortive pills? Still
intentional abortion but considering there is no violence, then
the penalty would be lower;
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What if the pregnant woman is taken to the doctor and it is the
latter who prescribed the abortive pills? Now that
doctor/physician has a higher penalty;
What if the abortion is with the consent of the pregnant
woman? The penalty would be lower;
Article 257. Unintentional Abortyion
Scenario:
Suppose the husband and the wife had a quarrel, and the
husband was able to lay hands unto his wife which resulted to
the unintentional abortion, crime here is unintentional
abortion; caused an abortion through violence but
unintentional.
Notes:
Purpose of the violence inflicted is not to cause an abortion;
Could only be committed through violence;
Ex:A pregnant woman attempted to commit suicide, upon
taking the poison, the board mates of the pregnant woman
noticed her unconscious, so she was rushed to the hospital,
fortunately the pregnant woman was saved, however the fetus
inside the womb died. Is the pregnant woman liable for
unintentional abortion? No. In the first place committing
suicide is not a crime, and unintentional abortion can only be
committed through violence.
Could the accused be held liable for abortion even if he did not
know that the woman is pregnant? Yes. (US vs Jeffry 15 PHIL
394)
Unintentional abortion could also be committed through
negligence or imprudence. For example the pregnant woman
was killed, the crime is homicide with unintentional abortion.
Article 258. Abortion practiced by the woman herself or by
her parents
Notes:
Prisioncorreccional in its med-max periods shall be imposed
upon a woman who shall practice abortion upon herself or
consent to any other person to do the same.
Any woman who shall commit this offense to conceal dishonor
shall suffer only the min.-med periods of the same penalty
mentioned above.
259 Abortion practiced by a physician or midwife and
dispensing of abortives
- Penalty for the physicians and midwifes for dispensing
abortives
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Physician or midwife are educated, sworn to save life but
if they would use their knowledge in order to abort or to
kill that is aggravating
- Knowledge is aggravating
- The same story with a pharmacist who, without a proper
prescription from a physician shall dispense any abortive
to a pregnant woman
o Mere dispensing is enough
o The pharmacist should never give the abortive
without a prescription
260 Responsibility of participants in a duel
- Not applicable anymore in the Philippines, only in
Europe
- Duel – formal or regular combat previously concerted
between two parties in the presence of two or more
seconds of lawful age on each side, who make the
selection of arms and fix all the other conditions of the
fight.
- This is the same with boxing or stick fighting. There are
referees or seconds or assistants who facilitate the game.
They also have rules.
- If someone joins a duel then he will be charged with
homicide and not for violation of Art 260.
261 Challenging to a duel
EX:If someone calls you out to a fight but you don‘t fight back
then he calls you a ―scaredy cat‖.
- CASE: Pp vs. Tacomoy, GR L-4798, July 16, 1951
o Accused here was nursing ill feelings and moved by
hatred, challenged the offended party to a duel,
inciting the latter to accept said challenge by uttering:
―Come down, let us measure your prowess, we shall
see whose intestine will come out. You are a coward if
you do not come down.‖ The offended party refused
to come down and accept the challenge. Later, when
the accused saw the offended party running toward a
nearby house, the former ran after the latter, but
desisted upon seeing that the offended party had a
companion.
 He was charged with challenging to a duel but
convicted of light threats only.
262 Mutilation
- What is the crime committed by the wife who is already
tired of her husband who is a womanizer, a habitual
drunkard who cut off the penis of her husband? That is
mutilation.
- Penalty: Reclusion temporal to reclusion perpetua
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- The victim here is only a male, as regards par 1 – the
penalty for mutilating an organ for reproduction is higher
- What about ―any other intention ―mutilation‖, what is
the penalty? Prision mayor in its medium and maximum
periods.
EX: What is the crime committed if the accused would
intentionally cut off the fingers of another person? That is
intentional mutilation.
EX: What is the crime committed if the accused would
intentionally cut off the tongue of another person? That is
intentional mutilation.
EX: What is the crime committed if Mr X armed with a bolo,
with intent to kill hacked Mr Y. Mr Y in an attempt to parry the
attack, he used his hand. But in so doing, his fingers were hit
by the bolo. Three of his fingers were cutoff. What crime/s are
committed by Mr X? He is charged with mutilation. Is the
charge proper? TN that the mutilation or cutting off of the part
of the body of the victim should not be the result of the
commission of another crime. So the cutting of a part of the
body of the victim should be done deliberately or intentionally.
If the cutting off of some part of the body is a result of the
wound inflicted or the result of another crime, Art 262 is not
the crime committed but it could be attempted homicide or
attempted murder.
- CASE:Aguirevs Secretary of the DOJ, GR No. 170723, March
3, 2008
o The adoptive father let his mentally retarded adopted
child undergo a vasectomy. His adoptive child had a
girlfriend-boyfriend relationship with his legitimate
child. So that the adopted child and the legitimate
child could not bear a child, he had a friend who was
a doctor so he let him undergo vasectomy. The
daughter or the legitimate child filed a case for
mutilation against her father and the doctor who
conducted the vasectomy on her adopted brother.
Liable?
263 Serious physical injuries
- When can you say that the physical injuries committed
are serious?
- Penalty depends on the seriousness of the physical
injuries.
- What about if the victim would later on die? The
prosecution charged him with serious physical injuries
because there is no intent to kill but later on the victim
dies? The crime is homicide because once the victim dies
the intent to kill is presumed.
Par 4, Art 263
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- TN more than 30 days – minimum number of days
- If it is only 30 days or less, up to 10 days – less serious
- Penalty: arresto mayor in its maximum period to prision
correctional in its minimum period
- ―The physical injuries caused illness or incapacity for labor‖ –
he cannot perform any habitual work for more than 30
days
Par 3, Art 263
- Penalty is higher
- ―In consequence of the physical injuries, the person injured
shall have become deformed‖ – suffers deformity
- If the victim suffers deformity, number of days is
disregarded
EX: Accused boxed the victim in the mouth and as a
consequence, the victim lost his two front teeth.
According to the doctor, the injury would heal in two
weeks. What is the crime committed? The crime
committed is serious physical injuries because the injury
caused deformity.
- Reasons why this is considered serious physical injuries:
1. Would cause deformity
2. Would lose part of your body
EX: The wife got really mad at a girl who she thinks is the
concubine of her husband. He scratched her face. The injuries
healed in five days. But later on the scars protruded in such a
way that her face got deformed. What is the crime committed?
That is serious physical injuries because the injuries caused
deformity.
- In order to be considered as a deformity, the same must
be conspicuous and visible as well as permanent and
definite abnormality
- Deformity – physical ugliness, permanent and definite
abnormality. It must be conspicuous.
- Front teeth is considered serious for two reasons:
1. It will cause deformity
2. You would lose a part of your body
EX: What if instead of becoming ugly, you become handsome
or pretty?
- CASE: PpvsBalubar, 60 Phil 699
o The injury contemplated by the Code is an injury that
cannot be repaired by the action of nature. The fact that
the offended party may have artificial teeth, if he has
necessary means and so desires, does not repair the
injury, although it may lessen the disfigurement. The
case of a child or an old man is an exception to the rule.
o Even if the false teeth would be replaced, the same
would still be considered serious physical injuries.
o Case would be different if it was a child or an old man.
- ―Deformity, or loses any other member of the body, or the use
therefor‖
EX: Hands were pounded on. It cannot anymore be clinched.
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EX: You were boxed at the right ear and now you cannot hear
anymore. Lost the use of the right ear so serious physical
injuries.
- ―Or becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for more
than 90 days‖
o Penalty would be higher if the period of incapacity
would be more than 90 days
o 31-90 days – serious physical injuries
o 91 days or over – serious physical injuries but the
penalty would be higher
Par 2, Art 263
- More serious penalty
- ―Injured person loses use of speech‖ – person cannot
anymore speak, ha to use sign language
- ―Or the power to hear‖ – so if only 1 ear still serious
physical injuries but lower penalty, since it would fall
under par 3. If both ears cannot hear anymore, then apply
par 2 which carries with it a higher penalty.
- ―Or smell‖ – cannot smell anymore
- ―Or shall have lost an eye‖ – only one eye
- ―Hand, foot, arm, or leg, or loses use of any such member or
becomes incapacitated for work in which he was habitually
engaged‖ –he cannot anymore perform his habitual work.
Under par 3 he can still perform but not more than 90
days, here in par 2 there is permanent disability here.
Par 1, Art 263
- ―Become blind‖ – two eyes are already useless
- Penalty: prision mayor
- This presupposes that there is not intent to kill on the
part of the accused or the prosecution even if there was
intent to kill, prosecution failed to prove intent
―If the offense shall have been committed against any of the persons
enumerated in Art 246‖
- Persons in parricide
―Or with attendance of any of the circumstances in Art 248‖
- Remember the aggravating circumstance
EX: During nighttime you waited for the victim then
you boxed. There is treachery there or evident
premeditation although there is no intent to kill. The
crime is serious physical injuries.
The penalty is higher if as a result of the physical
injuries the victim would become insane, impotent or
blind
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

―The provisions of the preceding paragraph shall not be applicable to in authority or his agent is in the actual
a parent who shall inflict physical injuries upon his child by excessive performance of his duties or by reason of his
chastisement‖ past performance of his duties, the crime
would be direct assault with less serious
- Applicable to parents who overdo physical injuries
- Purpose is to discipline the child but the parent can be o But if it has no connection with his work or
charged for child abuse he was not physically injured while in the
- The parent who shall impose excessive chastisement performance of his duty, then it would be
would be liable for child abuse less serious physical injuries

265 Less serious physical injuries 266 Slight physical injuries

- There must be a medical certificate - so as to prove to - 9 days to none

the court the number of days you were incapacitated or - No need for injuries
made to rest. So one should see a doctor. - Or ―maltreatment‖
- If one does not see a doctor the accused can still be - If the purpose is to embarrass or insult the victim =
convicted but only for slight physical injuries. slander by deed and could be grave sander by deed
- ―Any person who shall inflict upon another physical injuries
not described in the preceding articles, but which shall
incapacitate the offended party for labor for ten days or more‖ July 13, 2016
o ―More‖ – less than 30 days Part 18
o Penalty: arresto mayor
o There must be actual medication because if there is (7/13/16) Review from last meeting
none then the crime would be slight physical
injuries THE ELEMENTS OF A CRIME MUST BE BOTH ALLEGED
o One should go the doctor AND PROVED.
- ―Whenever less serious physical injuries shall have been
inflicted with the manifest intent to insult or offend the injured  IN PHYSICAL INJURIES- the number of days that the
person, or under circumstances adding ignominy to the offense, injuries require medical attendance or by reason of which
in addition to the penalty of arrest mayor a fine not exceeding
the victim is incapacitated to work is important.
500 pesos shall be imposed.‖
o Penalty shall be higher
EX: You were boxed in front of your classmates. - In either slight, less serious or serious physical
 If injuries would require medical attendance injuries, INTENT TO KILL IS ABSENT; or If there
for 10 days or more then the crime would be was intent to kill, the same was not alleged in the
less serious physical injuries. But considering information.
that there is intent to intent the injured person,
there is an additional fine of 500. - Or even if it was alleged in the information, the same
EX: You were slapped in front of your gate. Medical
was not proved during the trial. Because in criminal
attendance would only require 3-5 days rest. Slight
cases, the elements of a crime must be ALLEGED
physical injuries is the result but there is intent to
AND PROVED.
insult. What is the crime committed?
 IN ATTEMPTED HOMICIDE OR ATTEMPTED
 Slight physical injuries + intent to insult =
grave slander by deed MURDER OR FRUSTRATED HOMICIDE OR
 Slight physical injuries + no intent to insult = FRUSTRATED MURDER- the specific criminal intent to
slight physical injuries kill is an element for its commission. Hence it must be
 Less serious physical injuries + intent to insult ALLEGED in the information AND PROVED during the
= intent becomes an aggravating circumstance trial.
- ―Any less serious physical injuries inflicted upon the
offender’s parents‖
In the Crime of Less Serious Physical Injuries, THE
o Relationship here is aggravating
MEDICAL CERTIFICATE OF THE DOCTOR IS
- ―Ascendants, guardians, curators, teachers, or persons in
authority, shall be punished by prision correctional in its IMPORTANT.
minimum and medium periods‖
o If the victim is a person in authority or agent
and the crime is committed while the person
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Even if the injuries of the victim healed in 20 days but
he did not go to a doctor for a treatment, or he wasn‘t
able to present a medical certificate, the accused
cannot be convicted of Less Serious Physical Injuries.
- At most, he could only be convicted of Slight
Physical Injuries because in the crime of slight
physical injuries, injury is not even necessary.
Q: Can there be treachery in the crime of Physical Injuries?
A: YES.
Example: Mr. X, purposely waited for Mr Y at a dark place
and when MR. Y passed by the place, Mr. X coming from
nowhere boxed Mr. Y. What is/are the aggravating
circumstance/s present?
Ans. Treachery and that the crime was committed in
nighttime.
Remember:
1. those aggravating circumstances that are absorbed in
Treachery- one of which is nighttime;
2. Remember also that treachery, especially in the
crime of murder must be present at the initial stage
of the attack.
- If there was no treachery at the start of the attack,
treachery cannot be appreciated even if towards
the end of the attack, the victim was killed
defencelessly. EXC: When there are 2 stages of
the attack. Remember the case of Pp. vs Baluyot.
Case: Pp. vs Baluyot: Where the victim was the
governor of Bataan. At the start of the attack
there was no treachery but towards the end the
accused stopped for awhile and tried to discern
where was the head of the governor. The
governor was inside the closet. Treachery was
not appreciated in this case.
******************************************************
Art. 266- A. Rape, When and How Committed.
Rape used to be classified as a crime against chastity. Later on
it has been reclassified as a crime against persons.
Crimes against chastity are private crimes.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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- They cannot be prosecuted de officio. Meaning there
should be a complaint signed by the private
complainant. Unlike in other crimes the complaint of
the private complainant is not necessary but of course
it is advantageous.
2 KINDS OF RAPE under the amendment:
1. RAPE BY CARNAL KNOWLEDGE
2. RAPE BY SEXUAL ASSAULT
Rape by Carnal Knowledge
Elements:
i. The offender is a man
ii. He had carnal knowledge of a woman
iii. That such act is accomplished under any of
the following circumstances:
a. By using force, threat or intimidation
b. When the woman is deprived of reason
or otherwise unconscious or
c. By means of fraudulent machination or
grave abuse of authority or
d. When the woman is under 12 years of
age or demented.
a) ―By force‖ meaning there is violence inflicted.
Example: the man struck or stabbed the victim.
―Threat or intimidation‖
Example: pointing a knife or a gun at the woman in
order to force her to have sexual intercourse with
him.
SC: When the accused is the father, or is the
uncle etc of the victim, force, threat or
intimidation is not necessary. Meaning there
can be rape even if the victim did not resist.
Why? Because of the moral ascendancy of the
offender over the victim.
b) ―When the offended party is deprived of reason‖
Example: when the victim is insane or the victim is
mentally retarded.
COMPLETE DEPRIVATION OF REASON IS
NOT REQUIRED. MERE ABNORMALITY IS
ENOUGH. Here there might be no resistance on
the part of the offended party but since she is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
deprived of reason, she is incapable of giving
consent.
―or otherwise unconscious‖
Example: The offender drugged the victim. Do you
know that there is already a liquid ecstasy. It knocks
you out for one or three hours. You wouldn‘t even
notice the drug because it just looks like a candy.
Example: when victim is asleep. Being asleep is
synonymous to being unconscious.
Q: How can the crime of rape be proved when the victim is
unconscious?
Ans: By circumstantial evidence. The prosecution has
to establish circumstances to prove the crime of rape.
c) ―By means of fraudulent machination or grave
abuse of authority‖ this is one of the recent amendments
of the crime of rape. No jurisprudence yet on this.
Example: The offender has a girlfriend who doesn‘t
want to have sexual intercourse with him unless they
get married. So he contacted a friend who pretended
to be a judge to ―solemnize‖ their marriage. Now
because in her mind they are already married, the
woman acceded to the request of the man, who is
now her husband to have sexual intercourse. She then
found out that the marriage was a sham. Here, the
man succeeded to have sexual intercourse with her
through fraudulent machination.
―Grave abuse of authority‖
Example: A jailguard promised a female prisoner that
the latter can be released provided she‘d have sexual
intercourse with him. Believing that she could indeed
be released, she acceded to have sexual intercourse
with the jailguard.
d) ―When the woman is under 12 years of age or
demented‖- STATUTORY RAPE
- The girl here may have given her consent to the
sexual intercourse but the law considers it to be
Rape because THE GIRL AS A MINOR, IS
INCAPABLE OF GIVING A VALID CONSENT
TO THE SEXUAL INTERCOURSE.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
TN: that Carnal knowledge is different from sexual
intercourse.
 There is rape by carnal knowledge even if there was
no full penetration.
 Rape by carnal knowledge is consummated even if the
tip of the penis has only kissed the lips of the vagina.
 But there must be penetration. Because if there is no
penetration, there is no consummated rape.
 SLIGHTEST PENETRATION IS ENOUGH TO
CONSUMMATE RAPE.
 The presence of Semen is not also required.
Q: Can a woman be held liable for Rape?
Ans. YES. But not by direct participation. She could be liable by
inducement. Example: If she induces another to rape the
mistress of her husband. She can be held liable as principal by
inducement.
Rape by Sexual Assault
- This is one of the recent amendments of rape. This
used to be acts of lasciviousness.
- Here, rape can be committed by a male or a female, the
victim too could be a woman or a man.
Elements:
1. The offender commits an act of sexual assault
2. That the act of sexual assault is committed by any of
the following means
a. By inserting his penis into another person‘s
mouth or anal orifice or
b. By inserting any instrument or object into the
genital or anal orifice of another person
3. That the act of sexual intercourse is accomplished
under any of the following circumstances:
a. By using force or intimidation
b. When the woman is deprived of reason or
otherwise unconscious or
c. By means of fraudulent machination or grave
abuse of authority or
d. When the woman is under 12 years of age or
demented.
Q: What is the crime committed if the man, instead of inserting his
penis to the anal orifice of the woman, inserted his pen?
Ans. Rape by Sexual Assault.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Notes:
What about if he inserted his finger into the genital? That is
rape by sexual assault. But there was an accused charged with
rape by sexual assault who argued that a finger is not an object
as described in the RPC, SC said that a finger is still considered
an object.(People vs Soriano);
Although the SC mentioned it in passing, in the case of PP
vsBunaagwa, the SC said that even the tongue of a man which
merely touches the outer lips of the vagina, is considered as
rape through sexual assault;
What about if you insert the tongue in the anal orifice? Rape by
sexual assault.
Penalties:
1. Rape by carnal knowledge – reclusion perpetua
2. Rape by sexual assault – prision mayor
3. When rape is committed with use of deadly weapons –
reclusion perpetua to death
4. if by reason of rape the victim became insane – reclusion
perpetua to death
Now there is a special complex crime under this provision,
where 2 or more crimes are committed but under the law it is
only considered as 1 indivisible crime and the law provides a
specific penalty thereof; it says when rape is committed and
homicide is committed on occasion thereof, the penalty is
reclusion perpetua to death
Now if the crime is attempted rape with homicide (special
complex crime)
What if the victim did not die? Now article 48 will apply
(penalty depends upon the more serious offense).
Homicide here is used in its generic sense; even if the killing
constitutes murder, the crime is still rape with homicide.
Qualifying circumstances:
1. Victim is under 18yrs old and the offender is the
parent/ascendant/step parent/relative by
consanguinity/affinity within the 3rd civil degree or the
common law spouse of the parent of the victim.
2. When the victim is under the custody of the police/military
authorities or any law enforcement/penal institution.
3. When the rape is committed in full view of the
spouse/parent, any of the children/other relatives within the
3rd civil degree of consanguinity
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4. When the victim is religious engaged in legitimate religious
vocation and offender personally knows before or at the time
of the commission of the crime.
5. When the victim is below 7yrs old
6. When the offender knows he is afflicted with HIV/AIDS or
any other STDs and the virus/disease is transmitted to the
victim
7. When committed by any member of the AFP/paramilitary
units/any law enforcement agency or penal institution and
offender took advantage of his position
8. When victim suffered permanent physical
mutilation/disability
9. When offender knew the victim is pregnant at the time
during the commission of rape
10. When offender knew of the mental disability/emotional
disorder and or physical handicap of the victim.
Rape is committed when victim is deprived of reason or is
unconscious; even if the victim is asleep, it is considered as
being unconscious
Note: there is only a hairline difference between attempted
rape and acts of lasciviousness so be careful
TN that there is only a hairline difference between attempted
rape and acts of lasciviousness.
Attempted Rape is committed when there is evidence that the
accused has committed overt acts which show intent to rape
the victim.
 Case: Accused after raising the dress of a woman who
was asleep, placed himself on top of her. When the
woman was awaken, the accused threatened her with
a knife. But because of the woman‘s continued
shouting, people came to her rescue. So here, there
was an attempt of the accused to have sexual
intercourse with the woman.
 Overt acts here: raising the dress, placing
himself on top of the woman
 Case: Pp vs Dayo 62 Phil 102 - In this case, the victim
was asleep when the accused entered her room and
committed sexual intercourse with her. When
prosecuted for rape, the accused contented that the
woman consented because when the latter woke up,
she did not resist. SC said that the crime committed
was consummated rape and the offended party‘s final
consent after she realized the outrage perpetrated
against her is not of the character to exclude the
consent in the crime of rape.
 TN that when the woman woke up, the
crime of rape was already consummated;
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
and her failure to resist will not extinguish
rape.
Character of the woman is not material in the crime of rape.
 A prostitute may be a victim of rape.
In rape with homicide, the main purpose of the accused must
be to rape.
 Case: The main purpose of the accused was to kill the
victim. When the victim was already dying, he had
sexual intercourse with her. SC said the crime was
murder and the act of raping the victim when dying
was aggravating – ignominy/cruelty.
The moment the prosecution establishes the crime of rape, it is
mandatory for the court to award: (proof of damages not
necessary; even if victim did not testify that she suffered
mental anguish.)
 Rape – P50,000
 Qualified Rape – P75,000
 Rape with homicide – P100,000
TN: P50,000 is the minimum only
There are only 2 persons when the crime of rape is committed.
During the trial, the prosecution only has 1 witness- the victim.
The doctor may testify but that testimony would only be
corroborative (As regards the injuries of the victim)
Q: Is the testimony of the woman (victim) sufficient to convict
the accused?
A: Yes, if credible. SC said, ―When a woman says that she has
been raped, if credible, she says all that is necessary to prove
that rape was committed.‖ (Pp vs Robles 550 SCRA 463)
Physical Resistance is immaterial in rape when the victim is
sufficiently intimidated by her assailant and she submits
against her will for fear of her life. If threat or intimidation is
used, there could be no resistance.
Actual penetration or rupture of hymen is not required.
Slightest touching or penetration of the lips of the organ is
sufficient to constitute rape. (Pp vs Ortega 562 SCRA 450) TN
that there must be penetration but very slight. If there is no
penetration, but there is intent to rape – Attempted Rape.
Usual defense of the accused:
 Sweetheart Defense – valid but much abused. It is
similar to denial and cannot prevail over positive
testimony that rape has been committed. (PP vs
Tuason)
Delay in the reporting of the commission of rape will not affect
the credibility of victim. This is what we call vacillation. Delay
in reporting the crime of rape due to death threats is not an
indication of fabricated charge. The charge of rape is doubtful
only if delay is unreasonable and unexplained. So when delay
can be explained and the reason is justifiable, it will not affect
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the credibility. (Pp vs Macapanas 620 SCRA 54) – this applies
to any crime!
Q: Can treachery be appreciated in the crime of rape?
A: Yes. Treachery is only applicable in crimes against persons.
Since rape is now classified as crimes against persons, it
follows that there could be treacher. Ex: putting sleeping pills
in the drink of the woman so that she can be raped later.
Q: Can a husband be held liable for rape?
A: Yes. Pp vs Jumawan – a landmark case! Read to know the
rationale why the husband was convicted. Part of ruling said:
Marriage license does not give the husband a license to rape.
The subsequent valid marriage between offender and the
offended party shall extinguish the penalty imposed. Marriage
must be valid.
TN: if they are already married when the crime was
committed, you can extinguish rape thru PARDON. Even if a
case of rape was already filed in court, pardon by the wife will
extinguish the crime. But in acts of lasciviousness, seduction –
to extinguish the crime, pardon by the offended party must be
given BEFORE FILING IN COURT.
Article 266-D. Presumptions. - Any physical overt act
manifesting resistance against the act of rape in any degree
from the offended party, or where the offended party is so
situated as to render her/him incapable of giving valid
consent, may be accepted as evidence in the prosecution of
the acts punished under Article 266-A
 Remember PP vs Jalosjos – it is per case not per
victim.
July 15, 2016
Part 19
TITLE IX – CRIMES AGAINST PERSONAL LIBERTY AND
SECURITY
Art. 267: Kidnapping and Serious Illegal Detention
– Kidnapping and illegal detention are technically
different because there can be detention without
kidnapping. When you say kidnapping, that is the
taking of a person to another place; detention does not
require the taking away of a person to another place. In
fact, a person could be detained even in his own home.
IOW, there can be detention even without kidnapping.
– Kidnapping need not necessarily be followed by
detention. Such as, where the taking was only to briefly
restrain the victim in order to kill him.
When is kidnapping and serious illegal detention committed?
Any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty shall be liable
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
for kidnapping and serious illegal detention in any of the
following circumstances:
1. If the kidnapping or detention shall have lasted more than
three (3) days.
2. If it shall have been committed simulating public authority.
– If the offenders pretended to be police officers,
flagged down the victim who was driving his car.
Thinking that the offenders were really police
officers conducting checkpoint, the victims
stopped. But when he stopped, he was kidnapped
and detained elsewhere. The crime is serious illegal
detention.
– Suppose a day after his kidnap, the victim was
rescued. The crime committed is still serious illegal
detention because the kidnapping was committed
by simulating public authority. Notwithstanding
the kidnapping did not last for more than (3) days.
3. If any serious physical injuries shall have been inflicted upon
the person kidnapped or detained; or if threats to kill him
shall have been made.
– Do you recall the case of actor Vhong Navarro? He
was detained and while detained, he was subjected
to serious physical injuries. The crime is serious
illegal detention even if the circumstances
mentioned in paragraphs 1 and 2 are not present.
4. If the person kidnapped or detained shall be a minor, female
or a public officer.
– What is the crime committed if a child (2 years old)
was kidnapped but after two days, he was rescued.
The crime is serious illegal detention even if the
circumstances mentioned in paragraphs 1, 2 and 3
are not present.
5. If the victim is a female or when the victim is a public officer.
– What is the crime committed when the kidnap
victim is a female public school teacher. The crime
is serious illegal detention even if the
circumstances mentioned in paragraphs 1, 2 and 3
are not present.
– What circumstance/s that made the crime serious
illegal detention? The fact that the victim is female
and the fact that she is a public officer, being a
public school teacher.
Can a parent be held liable for serious illegal detention?
– YES. Example, when the spouses have legally separated
or their marriage annulled, and the custody of a child
has been awarded to the wife. Without the consent of
the wife, the father took the child away with him and
brought the child elsewhere. The crime committed is
kidnapping but the penalty there is lower under Art.
271.
What is the crime committed if the purpose of the kidnapping
is to extort money or to ask for ransom from the victim‘s
family?
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
– The crime committed would still be serious illegal
detention or kidnap for ransom.
– Kidnapping is another form of extortion. Extortion is
the act of ―asking for money‖.
– Kidnapping for ransom can be committed even if the
offender has not actually demanded for ransom as long
as the purpose of such kidnapping or detention is to ask
for ransom.
What do you mean by ransom?
– Money, prize or consideration paid or demanded for the
redemption of a captured person/s or a payment that
releases from captivity the victim. It is not limited to the
payment of money. In one case, the accused was
kidnapped in order to compel him to pay the hospital
bills of another person. The crime committed his
kidnapping for ransom.
 Kidnap for ransom is committed even if none of the
circumstances earlier mentioned is committed.
Special Complex Crime
– When the victim is killed or dies as a consequence
of the detention or is raped or is subjected to torture
or dehumanizing acts.
– A single, indivisible offense. Kidnapping with
homicide, kidnapping with rape.
PP vs. DELIM, GR. NO. 142773, January 28, 2003
If the primary and ultimate purpose of the offender is to kill
the victim, the incidental deprivation of the victim‘s liberty
does not constitute kidnapping but merely a preparatory act
to the killing. Hence, the same is merged into or absorbed by
the killing of the victim. The crime committed would either be
murder or homicide.
CASES:
PP vs. ESTACIO, JR., July 22, 2009
PP vs. RAMOS, 297 SCRA 618
PP vs. SOLANGON, November 21, 2007
How about the practice of hospitals of not releasing their
patients unless they pay their hospital bills?
– The crime committed is serious illegal detention.
Essence of Illegal Detention
– The intention of the offender to deprive the victim
of his liberty. If the accused does not have the
intent to deprive the victim of his liberty, the crime
committed may not be illegal detention.
– For example, if the main purpose of the offender is
to kill the victim and in order to carry out his
intention, he took the victim and brought him to
another place and there he was killed, the crime is
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

murder, not kidnapping with homicide. The so kidnapped or detained within

kidnapping was just done as a means to achieve his three days from the
purpose. commencementof the detention,
Not necessary that the victim be placed in an enclosure without having attained the
purpose intended, and before the
– Illegal detention may consist not only in placing a institution of criminal
person in an enclosure but also in detaining him or proceedingsagainst him, the
depriving him in any manner of his liberty.
penalty shall be prision mayor in its
US vs. SOL 9 PHIL 265 minimum and medium periods and
a fine not exceeding sevenhundred
The robbers, after robbing the victims, brought them to some pesos.‖
distance in order to prevent them from reporting the incident  There are 3 requisites:
to the authorities. The crime committed is only robbery. 1. the offender voluntarily
released the person so
What about if the victim was kidnapped and thereafter she
kidnapped or detained
was raped? What’s the crime?
2. within three days from the
- Kidnapping with rape. commencement of the
 What about if in order to do away with the detention without having
witness, the victim was killed? attained the purpose
 Pp. vsLaranaga, 421 SCRA 530 intended, and
3. before the institution of
Suppose the taking of the woman, because one of the criminal proceedings
circumstances that could make the crime serious illegal against him
detention is when the victim is a woman, suppose the taking  It is only available to slight illegal
of the woman by the offender is with lewd design, what is detention. It does not apply to
the crime? serious illegal detention.

- It is forcible abduction. NOT serious illegal detention. Art 269 – Unlawful Arrest

Slight illegal detention
- When none of the circumstances mentioned in Art 267
are present, the crime is only slight illegal detention.
- What is the liability of the person who would furnish
the place for the detention of the victim? He was not
included in the conspiracy but the victim was
detained in his house even if he knows about the
crime?
 He is an ACCOMPLICE.
 But under Art 268, the penalty of the
accomplice is the same with that of the
principal.
 ―The same penalty shall be incurred by
anyone who shall furnish the place for the
perpetration of the crime.‖
 There is a privileged mitigating mentioned
in the last paragraph. When we say
privileged mitigating, penalty is lower by
one degree.
 Here, it says that ―If the offender
shall voluntarily release the person
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- Any person who, in any case other than those
authorized by law, or without reasonable ground
therefore, shall arrest or detain another for the
purpose of delivering him to the proper authorities.
- So the accused here arrested another person but the
purpose of arresting is to bring him to proper judicial
authorities.
- X is having vacation in Bohol. He was told by his
helper that her neighbour took away his rooster a day
after X left for Bohol. After knowing about it, X went
to the house of Y and dragged him to the police
station, forcibly. What is the crime committed by X?
 Unlawful arrest. Why? The arrest could not
fall under valid warrantless arrest because
the crime was committed days ago therefore
it is unlawful and the purpose is to bring
him to proper judicial authorities.
 Suppose X, instead of bringing Y to the
police authorities would detain Y in the
former‘s house? The crime now would be
illegal detention because the purpose is not
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
anymore to deliver the person to proper
judicial authorities but to detain him. So the
crime is illegal detention. And if the
detention would last more than 3 days,
serious illegal detention.
 What about if the one arresting Y is a police
officer? Arbitrary detention because he is a
public officer and has authority to detain but
detained without any legal ground.
 So TAKE NOTE of the purpose.
Art 270. Kidnapping and failure to return a minor
- The victim is a minor. The minor is entrusted to the
accused but he failed to restore custody to the person
in-charge of the minor.
- If you have a neighbour and told you that he would
bring your child to the mall because he would buy
some gift for your child. Then you entrusted the
minor to such neighbour. But your friend did not
anymore return the minor. What‘s the crime?
 Kidnapping and failure to return a minor.
The minor is entrusted to the accused but he
deliberately failed to restore such minor to
the person in-charge of the minor.
- This can be committed by parents but the penalty is
lower as provided in the next article.
- Ppvs Marquez, GR No. 181440, 2011 case.
Art 271. Inducing a minor to abandon his home.
- Anyone who shall induce a minor to abandon the
home of his parent or guardiansor the persons
entrusted with his custody.
- The accused is a maid who worked in Manila. When
she went home, she told the minors that Manila wasa
big city with tall buildings. The minors went with her
in Manila. She was charged with inducing a minor
toabandon his home. Is she liable?
 According to the CA, accused is not guilty of
the crime charged.
 ―In order for an inducement of a minor to
abandon the home of his parents, it is
essential that the inducement be actual,
committed with criminal intent, and
determined by will to cause damage.‖
 So intent is necessary. In the present case, the
CA said that ―the conversation made by the
accused was an innocent talk. The
representations made by the accused to the
minors highly praising the city of Manila
andher offer and promise to take them to
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
that city clearly do not institute that
inducement which is essential to theact.‖
 The phrase ―to induce‖ means ―to
influence; to prevail on; to move by
persuasion; to incite by motives.‖
 ―Since there was very little difference in their
ages, and there could not have been much
difference in the degreeof their intelligence,
it cannot be supposed that the accused
commanded such ascendancy over the
offendedminors to be able to prevail on
them, or that the latter were so gullible as to
believe outright the promise of a mere maid,
a minor like them, with no other source of
income except the small salary that she was
receiving as such. The probabilities are that
these girls abandoned their respective homes
moved by the irresponsible spirit of
restlessness and adventure which is
commonly found in the youth of today, and
not because of the offer and promise made
by the accused.‖
- 2ndpara of Art 271 refers to the penalty to parents who
would kidnap their own child. If the person
committing any of the crimes covered by the two
preceding articles, Arts 270 and 272,shall be the father
or the mother of the minor, the penalty shall be
arresto mayor or a fine not exceeding three hundred
pesos, or both.
ARTICLE 272. Slavery
- any person who shall purchase, sell, kidnap, or
detain a human being for the purpose of
enslaving him
- to lower the penalty of kidnapping/serious
illegal detention, turn him into a slave so that the
penalty will only be Prision Mayor
- 2 degrees lower than kidnapping
If the crime be committed for the purpose of assigning the
offended part to some immoral traffic
- imposed in its maximum period
Related to a special law RA 9208
- slavery as a serious offense
- trafficking in person
- life imprisonment
ARTICLE 273. Exploitation of Child Labor
- another form of slavery
- Anyone who under the pretext of reimbursement
himself of a debt incurred by an ascendant,
guardian, or person entrusted with the custody
of a minor, shall, against the latter's will, retain
him in his service.
- Not a star provision unlike the previous one but
it came out.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The offender is a creditor. The debtor fails to pay
his loan. In order to pay the loan, the creditor
requires the minor child of the debtor to work in
his service
- This is also found in Trafficking in persons
o Debt bondage
o The minor is working against his will,
this may also be considered as child
abuse
- If done against the will of the minor then it is
exploitation of labor.
Debt Bondage
- You don't know when the service will end
- The cost of services is not clear, there is no clear
liquidation
- You don't know when the debt is done
ARTICLE 274. Services Rendered Under Compulsion in
Payment of Debt
- Any person who, in order to require or enforce
the payment of a debt, shall compel the debtor to
work for him, against his will, as household
servant or farm laborer.
- the debtor himself is required to work for his
debt as household servant or farm laborer
- if working as a driver then it is not covered
ARTICLE 275. Abandonment of Persons in Danger and
Abandonment of One's Own Victim
- Felony by omission, one is required to do but
fails to perform
1. Anyone who shall fail to render assistance to any person
whom he shall find in an uninhabited place wounded or in
danger of dying, when he can render such assistance without
detriment to himself, unless such omission shall constitute a
more serious offense.
- If people went island hopping in Nalusuan
Island. On your way, you found a fisherman
whose boat capsized and asked for help. You
looked the other way and abandoned him. You
are liable under this paragraph. The middle of
the sea is an uninhabited place. He is in danger of
dying.
- If you find a person stabbed and left dying. He
asked for help but you ignored him. If he was
found in an uninhabited then you are liable. If he
was found in Colon then you are not liable
because the place is not uninhabited.
- Important to note that the place must be an
uninhabited place or detriment to himself
2. Anyone who shall fail to help or render assistance to
another whom he has accidentally wounded or injured.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- He is the author of the injury by accident but did
not render assistance
3. Anyone who, having found an abandoned child under
seven years of age, shall fail to deliver said child to the
authorities or to his family, or shall fail to take him to a safe
place.
- There is a child left at the gate of your house. If
not helped then you are liable under paragraph 3
of Article 275.
- You must deliver the child to DSWD or Barangay
captain.
ARTICLE 276. Abandoning a Minor
Imposed upon any one who shall abandon a child under
seven years of age, the custody of which is incumbent upon
him shall result from such abandonment
- When finding a child then doing nothing = Art.
275. For those who abandon the child = Art. 276
- Offender has no intent to kill but he left the child
in front of the gate because he could not care for
the child.
- If the purpose of the abandonment is to lose the
civil status of the child
o The crime is violation of Art. 347
o If the purpose is just to abandon then
the crime is Abandoning a Minor
ARTICLE 277. Abandonment of Minor by Person Entrusted
with His Custody; Indifference of Parents.
Par. 1 Abandonment of minor by persons entrusted with his
custody
- Any person who, having charge of the rearing or
education of a minor, shall deliver said minor to
a public institution or other persons, without the
consent of the one who entrusted such child to
his care or, in the absence of the latter, without
the consent of the proper authorities.
Ex. The mother is working abroad and the aunt was
left with the kid. The kid was left with another person
and another person was to care for the child.
Par. 2 Indifference of Parents
- Parents who shall neglect their children by not
giving them the education which their station in
life requires and financial condition permits.
- Violation of RA 7610
- Violation Against Women and Children
ARTICLE 278. Exploitation of Minors
1. Any person who shall cause any boy or girl under sixteen
years of age to perform any dangerous feat of balancing,
physical strength, or contortion.
- Letting a child become acrobats or contortionists
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
2. Any person who, being an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus manager or engaged in a
similar calling, shall employ in exhibitions of these kinds
children under sixteen years of age who are not his children
or descendants.
- When letting a child become a snake charmer
3. Any person engaged in any of the callings enumerated in
the next paragraph preceding who shall employ any
descendant of his under twelve years of age in such
dangerous exhibitions.
4. Any ascendant, guardian, teacher or person entrusted in
any capacity with the care of a child under sixteen years of
age, who shall deliver such child gratuitously to any person
following any of the callings enumerated in paragraph 2
hereof, or to any habitual vagrant or beggar.
If the delivery shall have been made in consideration of any
price, compensation, or promise, the penalty shall in every
case be imposed in its maximum period.
In either case, the guardian or curator convicted shall also be
removed from office as guardian or curator; and in the case
of the parents of the child, they may be deprived,
temporarily or perpetually, in the discretion of the court, of
their parental authority.
5. Any person who shall induce any child under sixteen years
of age to abandon the home of its ascendants, guardians,
curators, or teachers to follow any person engaged in any of
the callings mentioned in paragraph 2 hereof, or to
accompany any habitual vagrant or beggar.
- Different in Art. 271, the person engaging the
service of a minor is not an acrobat or activities
under paragraph 2.
ARTICLE 280. Qualified Trespass to Dwelling
Any private person who shall enter the dwelling of another
against the latter's will
- The crime is trespass to dwelling and when the
crime of trespassing is committed by means of
violence and intimidation then the crime is
qualified trespass to dwelling
- against the latter's will
Ex. Mr. X and Mr. Y are neighbors. Mr. X wanted to borrow
money and went to Mr. Y's house. Mr. X called out the name of
Y. Mr. Y did not reply. The door was open so Mr. X went in the
house of Mr. Y.
- There is no crime of trespass to dwelling. It is not
enough that the offender went in the house
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
without consent. It must be against the owner‘s
will. There must be a prohibition or opposition to
the entry.
- Mere lack of consent does not constitute trespass
to dwelling
- There must be a prohibition (expressed or
implied)
- Cannot be committed by stealth or strategy
―Dwelling place‖
- Refers to any building or structure exclusively devoted
for rest and comfort
DWELLING INCLUDES A ROOM WHEN OCCUPIED BY
ANOTHER PERSON
EX: boarding house – there are a lot of rooms, when you enter
another room or another boarders room against his will that is
trespass to dwelling
ENTRANCE INTO DWELLING MUST BE AGAINST THE
WILL OF OWNER OR OCCUPANT
- It could be express or implied
o IMPLIED
EX:
 When the door is closed;
 Where the door was a jar and unlocked but the
sole occupant of the room was asleep;
 When it is already late hour of the night
―SC said that it is a well settled rule that whoever enters
the dwelling of another at late hour of the night after he
inmates have retired and closed their doors does so
against their will.‖ – so when the door is closed and it is
already night time it is an implied prohibition
 ―The fact that the door of the room was only
fastened by a string too weak and inadequate to
hold it fast, does not alter the fact that the
offended party wished it to be understood that
she did not desire anyone to enter without her
express consent.‖
PROHIBITION IS IMPLIED IN ENTRANCE THROUGH THE
WINDOW
- When the door is closed but the windows are open and
the person passed by the window, there is an implied
prohibition to trespass to dwelling
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
PROHIBTION WHEN THERE IS A STRAINED RELATION
BETWEEN OCCUPANT AND THE ACCUSED
- Even if the door is open but you are enemies then you
cannot enter
NO TRESPASSING WHEN THE ACCUSED ENTERED WITH
THE CONSENT GIVEN BY THE BOARDER IN THE HOUSE
WHO WAS HIS MISTRESS
- Any member of the household is presumed to have
authority to extend an invitation to enter the house
- In one case, even the consent extended by a girl 12 years
old, an inmate thereof, was held sufficient permission to
enter (US vs. Dulfo, 11 Phil 75)
QUALIFIED TRESPASS TO DWELLING
- Penalty is higher if the entrance is done by means of
violence
EX: The occupant is boxed by the offender, the crime
is qualified trespass to dwelling.
MUST VIOLENCE REFER TO PERSON ONLY?
- Violence does not refer only to person. There could
also be violence to force upon things.
EX: when the accused loosened the bars of the doors
by means of bolo and screwdriver, qualified trespass
to dwelling was committed.
TRESPASS BY MEANS OF VIOLENCE
1. When the accused closed the door violently and
maltreated the occupants after entry.
2. When the offender cut off the ribbon or string which the
door latch of a closed room was fastened. The cutting of
the fastenings of the door was an act of violence.
THE VIOLENCE OR INTIMIDATION MAY TAKE PLACE
IMMEDIATELY AFTER THE ENTRANCE
- This is still considered qualified trespass to dwelling
ALL TRESPASSERS ORDINARILY HAVE INTENTION TO
COMMIT ANOTHER CRIME, BUT IF THERE IS NO OVERT
ACT OF THE CRIME INTENDED TO BE COMMITTED, THE
CRIME IS ONLY TRESPASS TO DWELLING
EX of intentions to commit another crime: rape the
occupant; steal
- But if there is no overt act then that would indicate that
the other crime that the person is intending to commit,
the other crime would only be trespass to dwelling
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- If you went in the house and stabbed the owner of the
house then the crime is homicide. Trespass to dwelling is
not considered a crime but considered as an aggravating
circumstance.
EX: Accused wanted to take away the laptop which was
placed on the table, in order to take away the laptop, the
accused passes through the open window then he went to
the table where the laptop was placed. Before he could
take away the laptop, the occupant caught him. What is
the crime committed?
- The crime committed is trespass to dwelling. – He
was not yet able to pick up the laptop. His overt act
would merely indicate trespass to dwelling.
- But if he were able to pick up the laptop then the
crime would be attempted robbery.
- If he were able to get out of the house safely, then
that would be consummated robbery.
EX: If he was only able to remove a portion of the wall
but before he could enter, he was caught by the roving
barangay tanod. What is the crime committed?
- Attempted trespass to dwelling – the overt act of
removing a portion of the wall was still connected to
trespass to dwelling and not to robbery
ACTS WHICH MAY JUSTIFY THE ENTRY OF ANOTHER
PERSON TO ANOTHER PERSONS DWELLING
1. If the entrance to another‘s dwelling is made for the
purpose of preventing some serious harm to himself, the
occupants of the dwelling or a third person
EX: His enemy was chasing him and in order to save his
life, he went inside another person‘s dwelling against the
will of the occupant. What is the crime committed?
o No crime committed
EX of prevent serious harm to occupant: The husband
wanted to stab his wife but the neighbor went inside the
house and held the hands od the husband so that he
cannot anymore cause pain to the wife. Did he commit
any crime? No
2. If the purpose is to render some service to humanity or
justice
- No jurisprudence as to this yet
EX: If you saw that your neighbors house is a burning
and you knew that he is not inside so you went in and
you put off the fire. Or if the fire was big enough, you got
his clothes for him.
3. If the place where entrance is made is a cafe, tavern, inn
and other public houses, while the same are open.
4. Running after a person who was committing a crime in
your presence
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
EX: When someone snatches your phone from you then
you ran after him. The thief went inside a house. It is
considered hot pursuit.
TRESPASS TO DWELLING, WHEN SEPARATE FROM
OTHER OFFENSES COMMITTED IN THE DWELLING
- CASE: Ppvs Medina, 59 Phil 134 (pg 615, Reyes)
―The accused entered the dwelling of a captain by forcing
his way through the window.‖ What is the crime committee?
Trespass to dwelling.
―His purpose during that time was not to kill,
however when found inside, the occupants who tried to arrest
him, the accused resisted arrest and stabbed the son of the
captain, inflicting a mortal wound. In his effort to escape, he
also assaulted the captain, his wife and daughter. The son did
not die.‖ What is the crime committed? According to the SC he
committed 3 crimes: qualified trespass to dwelling, frustrated
homicide and less serious physical injuries. His intention here
was not merely to kill but if his purpose was to kill then the
dwelling would have been considered as aggravating.
281 Other forms of trespass
EX: You have a property and then you fence it. What is
the purpose of fencing your property? So that no one can
enter. You placed a ―No Trespassing‖ sign but still
someone went in.
ENTERING A WAREHOUSE MAY BE TRESPASS UNDER
THIS ARTICLE
- An example of ―closed premises‖
EX: There is an empty warehouse with a prohibition ―No
Entry‖ but still the person went it. The crime is other
forms of trespass.
PROHIBITION TO ENTER MUST BE MANIFEST OR
KNOWN
- Put a sign ―No Trespassing‖
- The ―No Trespassing‖ sign is one which makes it a crime
282 Grave Threats
- Accused threatened to commit a crime against the victim
- The accused threatens another with the infliction of a
wrong that constitutes a crime
EX: ―I will kill you‖ What is being threatened to you?
That he will kill you. Is it a crime that he will kill you?
That is a crime.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
―UPON HIS PERSON OR HIS FAMILY‖
EX: I will kill your mother and father. There is a threat and the
infliction of the crime of homicide or murder
THREATS COULD BE THRU WORDS OR ACTS
- Words – it is said out loud
ACT THREATENED CONSTITUTES A CRIME
- Threatening another with the infliction of an act or wrong
constitutes a crime or if the act threatened constitutes a
crime then grave threats
EX: ―I will burn your house.‖ Grave threats because the
act of burning a house is arson. ―The infliction of a wrong
which constitutes a crime.‖
THREAT IS SUBJECT TO A CONDITION, PENALTY
HIGHER
- When the acts threatened to be committed is subjected to
a condition, the penalty would be higher – ―penalty next
lower in degree than that prescribed by law for the crime he
threatened to commit if the offender shall have mad the threat
demanding money or imposing any other condition, even
though not unlawful, and said offender shall have attained his
purpose‖
EX: You impregnated your girlfriend. The father of your
girlfriend told you, ―If you do not marry my daughter, I
will cut off your head.‖ What is the crime threatened to
you? Either murder or homicide. What is the condition?
You marry the daughter.
- Penalty is not fixed because it depends on the crime
threatened
- If the offender has attained his purpose – penalty is one
degree higher than the penalty imposed for the crime
threatened
EX: If the crime threatened is murder and he has attained
his purpose, the penalty for grave threats would be
reclusion temporal
- If the offender was not able to attain his purpose –
penalty is 2 degrees lower
GRAVE THREATS NOT SUBJECT TO ANY CONDITION
- Penalty is arresto mayor and fine not exceeding 500
THREAT MADE IN WRITING OR THROUGH A
MIDDLEMAN
EX: Threat made in writing and it had a skeletons mark.
It was written there, ―If you do not marry my daughter,
you will be killed.‖
- The penalty be imposed in the maximum period –
aggravating circumstance
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

WITHOUT PERSISTING IN THE IDEA INVOLVED IN HIS

THREAT
IF THE ACT THREATENED DOES NOT CONSTITUTE A
CRIME, THE CRIME IS NOT GRAVE THREATS EX: You were fighting or having an argument, and then
in the course of the argument your enemy told you that
EX: If he is about to take the bar then the father says, she would choke or kill you. The crime is light threats
―Marry my daughter, if not I will file a complaint against because the threating words are uttered in the heat of
you with the SC stopping you from taking the bar so that anger.
the petition you filed in taking the bar will not be
approved.‖ Does it constitute a crime, a threat to file a - What makes it light threats is anger
petition to disapprove your petition? No, it does not
constitute a crime. It is not grave threats but light threats
SUMMARY
under Art 283.

283 Light Threats
- A form of blackmailing and another form of extortion
EX: I will kill you if you do not give me this amount of
money.
- CASE: PpvsHao Chao, CA, 54 OG 5334 (pg 625, Reyes)
The accused threatened to report the victim to the BIR for
tax evasion if they would not give the offender 1000php.
BLACKMAILING MAY BE PUNISHED UNDER ART 283
- If the act threatened is a crime, that would constitute
grave threats under Art 282 and the grave threats could
be with or without condition
- If the threats uttered is done in the pursuit of anger but
the accused did not persist in the idea involved in his
threat the crime would be other light threats
- If the act threatened is not a crime, that be would light
threats under Art 283 if there is any condition or other
light threats under Art 285 if the same is not subjected to
any condition

EX: A threatens B with accusation or exposure, if B does CAN THREATS BE COMMITTED EVEN IF THE PERSON TO
not give a certain amount. WHOM IT IS DIRECTED IS ABSENT?

HARM THREATENED MUST BE FUTURE
EX: If you do not give me money, if you will not do this, I
will kill you.
- If the harm is immediate and not future, for example: the
offender demanded for your money, the crime committed
is not grave threats but robbery
- Yes there could be grave threats even if the person to
whom it is directed is not present
EX: ―Where is your father? Because I will cut off this
neck.‖ Your father is not there but a crime is not
committed.

284 Bond for good behavior

285 Other light threats

- CASE: PpvsCalu-ag, March 4, 2009

THREATENING ANOTHER WITH A WEAPON, OR BY

DRAWING SUCH WEAPON IN A QUARREL

EX: X and Y were arguing with each other and in the

course of their argument Mr. X put out his weapon or
firearm and pointed it at Mr. Y. The crime is light threats.

ORALLY THREATENING ANOTHER, IN THE HEAT OF

ANGER, WITH SOME HARM CONSTITUTING A CRIME,
July 24, 2016
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Part 20 Note: The word ―not‖ here is enclosed in parenthesis

Review: because the inclusion of that word is a mistake.

Q: What crime is committed when the father says, ―Marry my Q: Can there be grave or light threats when the
daughter otherwise I’ll kill you.‖ subject of the threat is not around? For example, if
one says ―Hey when your dad arrives, tell him that if
A: GRAVE THREATS. you do not leave this house I‘ll behead all of you, I‘ll
burn this house!‖. The father here is not around. Can
Q: If he says, ―Marry my daughter otherwise I’ll file a case to
there be grave/light threats? A: Yes.
disbar you on the ground of immorality‖?
3. By orally threatening to do another harm not
A: LIGHT THREATS. In light threats, there is also a threat
constituting a felony.
to commit a wrong which does not constitute a crime.
Article 286. Grave Coercion
It is not grave threats because in grave threats the act
threatened must constitute a crime. Here, the act Elements:
threatened does not constitute a crime. It does not also 1. That the person prevented another from doing
constitute a wrong because it is the right of every person something not prohibited by law, or that he compelled
to file a case. him to do something against his will, be it right or
wrong.
People vs. Hao Chao
2. That the prevention or compulsion be effected by
The accused were convicted of light threats for asking
violence, threats or intimidation and
money in the amount of P1,000 with the threat that
3. That the person that restrained the will and liberty of
they would file a tax evasion case against the victim.
another had not the authority of law or the right to do
The accused were convicted of light threats.
so, or in other words that the restraint shall not be
made under authority of law or in the exercise of any
TAKE NOTE:
lawful right.
LIGHT THREATS GRAVE THREATS
There are two keywords here: prevent and compel.
the act threatened is a wrong the act threatened is a wrong
but does not constitute a and constitutes a crime 2 Kinds of Grave Coercion:
crime.
1. The offender prevents another from doing a lawful act
LIGHT THREAT MAY ALSO AMOUNT TO either by violence or intimidation.
BLACKMAILING. 2. The accused compels another to do an act by means of
violence or intimidation, either lawful or unlawful, or
Example: ―If you don‘t give me 1M, I will divulge your right or wrong.
vices to your wife‖, that is blackmailing. That is a
crime. Grave threats and grave coercion are similar but not the same.

Article 285 Other Light Threats GRAVE THREATS GRAVE COERCION

This could be grave threats but considering that the
acts here, or the words uttered or done were in the
heat of anger, the crime committed is other light
threats.
Acts punished:
1. By threatening another with a weapon, or by drawing
such weapon in a quarrel unless it be in lawful self-
defense.
2. By orally threatening another in the heat of anger
with some harm (not) constituting a crime, without
persisting in the idea involved in his threat.
There is violence or there is threat or intimidation
Example: The drivers stage a transport strike but some of the
drivers did not heed to the call of the other drivers,
accordingly some of them continued picking up passengers.
The striking drivers stopped them and threatened them that if
they will not stop (from picking up passengers) the offenders
would harm them. Or some of them would throw stones or
even burn tires in the middle of the road, so as to compel and
prevent those drivers who aren‘t sympathizing with them
from driving. What crime is committed?

Case: Pp vs. Caluag March 4, 2009

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

A:They can be charged with grave coercion because they Example: The police officer saw another person in the
prevented the other drivers from driving by means of violence, act of committing a crime and so the police officer
threats, intimidation. arrested the person. But the latter resisted. And so the
policeman compelled the offender and forcibly
Grave Threats vs. Grave Coercion brought him to the police station where he was then
detained. What crime is committed?
GRAVE THREATS GRAVE COERCION
A: None. He is not liable for any crime because it is
If the threat is future Threat must be imminent and with authority of law. Commission of a crime is one
actual. of the legal grounds for arresting a person.

People vs Timoner

Example: One day Mr. X lost his necklace. The next The accused who is a municipal mayor
day he saw Mr. Y using that same necklace that he authorized the fencing of a barber shop which
lost. Mr X took a knife and pointed it to Mr. Y. ―Give has been recommended for closure by the
me back my necklace or else I‘ll kill you!‖ What crime municipal health officer for noncompliance of
is committed? GRAVE COERCION. health and sanitation requirements. Apart from
that, it wasn‘t given a permit to operate because
Not grave threats because in grave threats, the act it was built on a sidewalk. And so the mayor
threatened to be done is not imminent but a future forcible closed it. He was charged with grave
harm. Here, the threat is actual, it‘s on the point of coercion. Is the charge correct?
happening and so it is GRAVE COERCION, not grave
threats. SC: No. Because it was with authority of law. A
mayor can summarily remove or close a
See difference based on the above example: nuisance. Here it is considered a nuisance
because it occupied a portion of the sidewalk.
GRAVE GRAVE ROBBERY And aside from that the mayor acted with good
COERCION THREATS faith and in the performance of its duty.
Mr. X owns the Same with grave If Mr. X pointed
Recent case:
property and he coercion except the knife just to
just wanted to that here, the get the necklace, This involves the cutting of electricity by a power
recover it, but offender intended but he actually company for non-payment of electric bills. The
there‘s no intent to to inflict a future didn’t own it. personnel of the electric company who cut-off the
gain and the threat harm. Meaning there’s power supply were charged of grave coercion.
Does it constitute grave coercion? A: Look at the
is imminent. intent to gain.
case of Barbasa vs Tuquero, 575 SCRA 102

Another case: Alejandro vs Bernas GR NO.

(Last par. ) IF THE COERCION IS COMMITTED IN
VIOLATION OF THE EXERCISE OF THE RIGHT TO
SUFFRAGE, the penalty is higher.
Example: Mr X is a candidate for mayor and he says,
―You have to vote for me otherwise, I‘ll eject all of
you!‖- that is GRAVE COERCION and the penalty
next higher in degree shall be imposed, meaning its
aggravating.
Instances when higher penalty shall be imposed:
1. If the coercion is committed in violation of the
exercise of the right of suffrage
2. If the coercion is committed to compel another to
perform any religious act
3. If the coercion is committed to prevent another
from performing any religious act.
179243 September 17, 2011
Example: You own a house and a tenant failed to
pay his rents for 3months already. You told him
to vacate and pay his rents but he refused and
just ignored your demands. What you did was,
with a long bolo you went to the house of the
tenant and forcibly dragged him out from the
place and locked out the house. Did you commit
any crime?
Ans. Yes, grave coercion. The procedure
should‘ve been to file an ejectment case in court.
You cannot simply drag him out and lock the
house.

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

TN that the rationale behind penalizing grave The items taken are used to There is no loan.
coercion is to prevent people from taking the law pay off the loan.
in his own hands.

Q: Suppose that the lessor locked the room while the
tenant was away. What crime is committed?
A: No crime, because there is no grave coercion when
there is no violence, intimidation or threat.
There are instances when the act of preventing another would
constitute another crime:
1. A public officer who by means of violence, threat or
intimidation prevents the ceremonies of any religion.
- Interruption of Religious Worship.
(Judge D: But if you are the
counsel for the plaintiff, you
better file a case for Robbery to
intimidate the accused, and just
leave it to the fiscal to determine)
UNJUST VEXATION
Q: What about if the taking of the property is without
violence but by misrepresentation, or deceit.

2. A public officer not being authorized by law, compels a Example: ―Bai, may I borrow your laptop I just have
person to change residence without any authority of law. to work on something‖. You were allowed to borrow
- Expulsion but when asked to return it you withheld the laptop
saying you‘re not gonna return it, instead you‘ll apply
3. A creditor who would kidnap or detain a debtor in order to it to his debt. What crime is committed?
compel him to pay his debt.
- Kidnapping for ransom. A: Unjust vexation. Unjust vexation also covers any
act which is irritating, annoying and vexing. Here it is
Note: Grave coercion is one of the crimes against liberty and not light coercion because light coercion presupposes
security. violence.

Article 287 Light Coercions Touching the private parts when done in public, is unjust
Elements: vexation because it negates lewd design. When it is with lewd
1. The offender must be a creditor design, it is acts of lasciviousness.
2. He seizes anything belonging to his debtor
3. The seizure of the thing be accomplished by means of Example: If Justin Bieber holds a concert and the
violence or a display of material force producing person behind you, instead of just dancing in his
intimidation place keeps moving back and forth. What crime is
4. That the purpose of the offender is to apply the same committed?
to the payment of his debt.
A: That could be Unjust Vexation.
KIDNAPPING FOR LIGHT COERCION
RANSOM
Unjust vexation–any act which causes annoyance/ irritation/
The person detained is the When instead of detaining the vexation/torment/distress/disturbance; so the definition is
debtor himself. debtor, the creditor seizes quite broad;
anything belonging to his
debtor for the purpose of Example, touching of private parts in public; If done in private
applying the same to the then that would be acts of lasciviousness.
payment of the debt.
When the property of the debtor is taken thru violence of the
creditor to pay off a loan, that‘s light coercion; but it is taken
through deceit or misrepresentation, then that would be unjust
vexation.

LIGHT COERCION ROBBERY Art. 288-289. (repealed by the Labor code)

In both crimes, taking is done by means of violence or Art. 290. Discovering secrets thru seizure of correspondence
intimidation.
-thru seizing letters/papers and reveal the contents thereof
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Exception: does not apply to parents/guardians/persons
entrusted with custody of minors with respect to the
papers/letters of the children/minors under their custody nor
to spouses as between them.
There‘s a case, the husband suspected his wife of having an
affair, the wife forcibly opened the drawer of the husband‘s
office, and saw pictures/documents showing that her husband
has another woman, now she filed an administrative case
against her husband. Issue, are the docs/papers presented by
the wife be used as evidence against the husband? Look at this
case Zuluetavs CA GR 107383
Art. 291. Revealing secrets with abuse of office (codal)
Art. 292. Revelation of industrial secrets (codal)
TITLE X. CRIMES AGAINST PROPERTY
Art. 293. Who are guilty of robbery
- With intent to gain, shall take any personal property
of another by means of violence/force/intimidation
or using force upon anything.
Now there are 2 kinds of robbery:
1. Robbery with violence/intimidation of persons
2. Robbery with force upon things
-offender here must be inside the building;
Notes:
In theft, the taking is complete the moment the offender
has possession/custody of the personal property; the
same rule is applicable to robbery with
violence/intimidation of persons;
However it is different in robbery with force upon things,
in order for it to be consummated, the offender must also
be able to get out of the building otherwise it will only be
frustrated robbery with force upon things; unlike in theft,
there is no such thing as frustrated theft.
There can be robbery even if the item is stolen or if the
item is a prohibited item or a contraband such as shabu;
hence the victim need not be the owner of the item stolen.
(US vsAlbao 29 PHIL 86)
Another element of robbery is intent to gain, the same is
presumed when the taking is unlawful.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
In robbery, the violence/intimidation or threat must be
present or must be used immediately before or during the
actual taking of the property, because if during the taking
there is no violence, there is no threat or intimidation, the
crime is not robbery but what is committed is theft.
Example: Suppose you are walking while using your
cellphone, suddenly somebody poke a knife behind you
and told you to give your cellphone or you will die, the
crime here is robbery, since the threat was made
immediately before the taking.
General rule: in robbery with violence/intimidation
against persons, the violence/intimidation must be
present immediately before or during the taking.
(threat in robbery is absorbed since the same is an
element)
However, if the threat/violence is made after the unlawful
taking, then there could be 2 crimes committed.
Exception: when killing occurs by reason or on occasion of
robbery, the crime committed is robbery with homicide
even if the taking is already complete.
More situations:
Your loop earrings were snatched. They were pulled from
your ears. Crime? – Robbery because there is violence.
If you were texting and it was snatched. Crime? - Theft. There is
no violence, intimidation or threat (VIT) during the taking.
If you were texting and when you saw the hand of the
offender, you held to your cellphone tightly, and fell to the
ground. Crime? – Robbery. There is violence because you sustained
injury.
Art. 295. Robbery with violence against or intimidation of
persons
 The violence or intimidation should be present
immediately before or during the taking.
 Threat, intimidation, violence, or physical injuries
(slight and less serious physical injuries only) are
absorbed in ROBBERY.
SPECIAL COMPLEX CRIMES in this Article:
– a single indivisible offense with 1 specific penalty. (Art 48
does not apply)
1. Robbery with Homicide
 Homicide is used in its generic sense. It includes
parricide, infanticide, murder, or multiplemurder.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
There is no such crime as robbery with multiple
homicide.
 the person killed could be the robber, victim, law
enforcers, or bystanders
 killing could be intentional or accidental
 Even if the killing happenedimmediately before,
during the actual taking or even after the taking of the
property – as long as the killing has connection with
the crime of robbery - - the crime is robbery with
homicide.
 Prosecution has to prove and allege all the elements
of both robbery and homicide
Ex: After robbing the bank, the 4 robbers went out and then
engaged in a shoot-out with police officers. In the course of the
fire-fight, one of the policemen died. Crime? – Robbery with
Homicide.
Suppose in the same scenario, If a bystander was killed.
Crime?Robbery with Homicide.
Same scenario, the robbers boarded a vehicle and ran over a
pedestrian while being chased by the police. The pedestrian
died. Crime? – Robbery with Homicide. This could be
committed accidentally.
Same scenario, one person was killed and 10 pedestrian were
injured. Crime?Robbery with Homicide.
Same scenario, 4 pedestrian died. Crime?Robbery with
homicide. Other deaths/homicide are absorbed.
Pp vs Sorela, Jr (6/15/08): As long as the intention of the felons
was to rob, the killing may occur before, after or during the
robbery. It is immaterial that death would supervene by mere
accident, or the victim of homicide is other than the victim of
robbery, or that 2 or more persons are killed. It is likewise not
necessary to identify who among the conspirators inflicted the
wound. Once a homicide is committed by reason or on
occasion of robbery, the crime committed is the special
complex crime of Robbery with Homicide.
2. Robbery with Rape
 By reason or on occasion of robbery, the latter is
accompanied by rape
 The main intention of the accused should be robbery.
Otherwise, there will be 2 crimes – rape and robbery.
 Just like Robbery with Homicide, in Robbery with
Rape, the other ‗rapes‘ or counts of rape are absorbed.
They are not considered aggravating. (Pp vs Regala
GR 130508, Pp vs Sultan 4/27/00)
SC: there is no legal basis for considering the other
rapes as aggravating because Art 14, unlike Art 13,
there are no analogous circumstances.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Case: A robbery victim, aside from being raped, was also
killed. SC: Crime is Robbery with Homicide, and the rape is
considered as aggravating. (Pp vs Timple 238 SCRA 52)
3. Robbery with Intentional Mutilation
 same concept: mutilation could occur
immediately before, during or after the
taking
4. Robbery with Arson
5. Robbery with Serious Physical Injuries
 Refers to those under par 1, Art 263: when
the victim becomes insane, blind, deaf
 ―by reason or on occasion of such robbery‖ –
as long as there is a connection with the
robbery
 Penalty for Robbery depends on the seriousness of
the injuries inflicted.
 Par 4 of Art 294: ―if the violence or intimidation
employed in the commission of the robbery shall have
been carried to a degree clearly unnecessary for the
commission of the crime, xxx―
- ex: after taking the item, the robbers hogtied the
victim. The act of hogtying the victim is already
unnecessary because they have already taken the
property.
―xxx-or when the course of its execution, the offender
shall have inflicted upon any person not responsible
for its commission any of the physical injuries
covered by sub-divisions 3 and 4 of said Article 23‖
-victim of the physical injuries should not be a fellow
robber.
 Par 5 of Art 294: Simple Robbery (this is the general
rule as explained already) - The violence or
intimidation should be present immediately before
or during the taking. The threat, intimidation,
violence, or physical injuries (slight and less serious
physical injuries only) are absorbed in ROBBERY.
PP vs. Opero, 6-11-1981
After robbing the victim, the victim was hog-tied and
so he could not shout, a ―pandesal‖ was stuffed into his
mouth. The victim died of choking. What was the crime
commited?
According to the SC, the crime committed is robbery
with homicide.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Rape with Homicide
In rape with homicide, the victim of the killing could
also be the victim of rape, or it could be another person.
For example, the accused is raping the wife. While the
accused is raping the wife, the husband of the rape victim
arrived. The accused stabbed the husband? What crime or
crime is committed?
The crime committed is rape with homicide, because
the killing is connected with the commission of the crime of
rape.
Primary Intention
Take note that in the crimes of robbery with rape,
robbery with homicide, robbery with arson, the primary
intention of the accused is to rob.
If the primary intention of the accused is to kill and
the taking of the property of the victim is a mere afterthought,
there are two crimes committed – murder or homicide (as the
case may be) and theft.
If the main intention of the accused is to rape and the
taking of the property of the victim just came after raping the
victim, there are two crimes committed.
Bribery vs. Robbery
Both crimes involve extortion. Just like kidnapping for
ransom, grave threats and blackmailing.
When the giving of the money is voluntary, that would be
bribery.
When the giving of the money is due to intimidation or force,
that is robbery.
Example: You are a suspected drug lord as per
intelligence report. Members of the police approached you
and informed you regarding the situation. They told you that
you may settle the case in consideration of P100, 000. And if
you won‘t, they will file a case against you.
Art.295.Robbery with physical injuries, committed in an
uninhabited place and by a band, or with the use of firearm
on a street, road or alley.
This Article does not define a crime, but only provides for
qualifying or aggravating circumstances.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
If the offenses mentioned in subdivisions three, four, and five
of the next preceding article shall have been committed in an
uninhabited place or by a band, or by attacking a moving
train, street car, motor vehicle or airship, or by entering the
passenger's compartments in a train or, in any manner,
taking the passengers thereof by surprise in the respective
conveyances, or on a street, road, highway, or alley, and the
intimidation is made with the use of a firearm, the offender
shall be punished by the maximum period of the proper
penalties
Article 295 does not apply to cases of robbery with homicide,
or robbery with rape or robbery with serious physical injuries
(under par. 1, Article 263).
Reason: Article 295 mentions subdivisions 3, 4 and 5
of Article 294, omitting subdivisions 1 and 2 which refer to
robbery with homicide, robbery with rape, robbery with
intentional mutilation, and robbery with serious physical
injuries.
Art. 296. Definition of a band and penalty incurred by the
members thereof.
Band
When more than three armed malefactors take part in
the commission of a robbery, it shall be deemed to have been
committed by a band.
When any of the arms used in the commission of the
offense be an unlicensed firearm, the penalty to be imposed
upon all the malefactors shall be the maximum of the
corresponding penalty provided by law, without prejudice of
the criminal liability for illegal possession of such unlicensed
firearms.
Rule on Conspiracy
Any member of a band who is present at the
commission of a robbery by the band, shall be punished as
principal of any of the assaults committed by the band, unless
it be shown that he attempted to prevent the same.
Illustration I – logically connected to the crime agreed:
A, B, C, and D agreed to rob Mr. X. Their agreement was only
to commit the crime of robbery. But suppose during the actual
robbery, Mr. X fought back and boxed Mr. A. Mr. A in turn
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
stabbed him. What is the liability of B, C and D as regards the
killing?
They are liable. Although the killing was not agreed
upon, the killing was logically connected to the crime agreed
upon (robbery).
Illustration II – not logically connected:
A, B, C, and D agreed to rob Ms. X. Their agreement was only
to commit the crime of robbery. But suppose Mr. A raped Ms.
X. What is the liability of B, C and D as regards the rape?
If they are only three (3), only the accused who
actually committed the rape is liable. The others are only
liable for the crime of robbery. Because the crime of rape
cannot be considered logically connected to the crime of
robbery agreed upon.
If they would constitute a band, ALL shall be liable
for all the crimes committed even though such crime is not
logically connected to the crime agreed upon.
Unless, the conspirator who did not participate, tried
to prevent the commission of such crime which was not
agreed upon.
Art. 297. Attempted and frustrated robbery committed under
certain circumstances.
Why is only attempted or frustrated?
Because the victim fought back. And because he
fought back, he was killed.
What is the crime?
The crime is special complex crime of attempted
robbery with homicide or frustrated robbery with homicide.
Art. 298. Execution of deeds by means of violence or
intimidation.
So, any person who, with intent to defraud another,
by means of violence or intimidation, shall compel
him to sign, execute or deliver any public instrument
or documents, shall be held guilty of robbery.
Example, Mr. X forced Mr. Y to sign a document
purportedly showing that Mr. Y has sold his parcel of land to
Mr. Y, when in fact, Mr. Y did not. He was just forced to sign
the document. What is the crime committed?
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
The crime committed is robbery. The offender here
compels another to sign a document purportedly showing
that a property has already been transferred to him.
Suppose the victim is killed so that he could not file a
case for annulment of contract, for example, the crime is
robbery with homicide.
 The document here could be public or private
document.
What distinguishes grave coercion from robbery under Art.
298, is the ―intent to defraud‖.
Example, Mr. X bought a parcel of land from Mr. Y.
He has already paid the purchase price, but Mr. Y refused to
execute the deed of sale. Mr. X got angry, took his long bolo,
went to Mr. Y and asked the latter to sign the deed of sale
otherwise he would kill him. Mr. Y signed. What was the
crime committed?
The crime committed is grave coercion because there
is no intent to defraud.
Art. 299. Robbery in an inhabited house or public building
or edifice devoted to worship.
Two (2) kinds of Robbery:
1. Robbery with violence against or intimidation of
persons
2. Robbery with force upon things
Mr. X pointed a knife to Mr. Y and ordered Mr. Y to
give his cellphone. Mr. Y refused, prompting Mr. X to stab
him and thereafter Mr. X took away Mr. Y‘s cellphone. What
was the crime committed?
The crime committed was robbery with homicide. So
as your legal basis, you give the elements of robbery and add
that, when by reason or on occasion of robbery somebody is
killed, the crime is robbery with homicide. Therefore, the
crime committed is robbery with homicide.
Article 299
- In Robbery with Force upon Things, for the offender
to be convicted of such crime, he must be able to enter
the building. And upon entering the building, he took
properties therein.
- For instance, the accused removed a portion of the
wall and inserted his hand into the whole and took
away valuable items? What the crime?
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 THEFT and not Robbery because he did not
enter into the building.
- 2 Kinds of Robbery with Force Upon Things:
1. Robbery in an inhabited place
2. Robbery in an uninhabited place
 There‘s really no substantial
difference between the two with
respect to the manner of
committing the crime, only with the
penalty.
 In robbery in an uninhabited
building, it has a lesser penalty
compared to robbery in an
inhabited building.
Article 301
- Inhabited house
 Inhabited house means any shelter, ship or
vessel constituting the dwelling of one or
more persons, even though the inhabitants
thereof shall temporarily be absent
therefrom when the robbery is committed.
 Under 2nd par, All interior courts, corrals,
waterhouses, granaries, barns, coach-houses,
stables or other departments or enclosed
places contiguous to the building or edifice,
having an interior entrance connected
therewith, and which form part of the whole,
shall be deemed dependencies of an
inhabited house, public building or building
dedicated to religious worship.
Dependency (extension), part of the
house?Because if not, it is not
robbery in an inhabited house or
public building.
 The garage, if it is contiguous to the
building having an interior
entrance connected therewith and it
forms part of the whole house, that
can be considered as inhabited.
 Why is it important to know
whether it is inhabited or
uninhabited?
 Because the penalty is higher
when robbery is omitted in an
inhabited place.
 Orchards and other lands used for
cultivation or production are not included in
the terms of the next preceding paragraph,
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
even if closed, contiguous to the building
and having direct connection therewith.
 The term "public building" includes every
building owned by the Government or
belonging to a private person not included
used or rented by the Government, although
temporarily unoccupied by the same.
Modes of committing Robbery with Force Upon Things
- Article 299 – Robbery committed in an inhabited
house or public building or edifice devoted to
religious worship
 These building, structures have higher
penalty.
 Any armed person who shall commit robbery in an
inhabited house or public building or edifice devoted to
religious worship, shall be punished by reclusion
temporal, if the value of the property taken shall exceed
250 pesos, and if:
o The malefactors shall enter the house or
building in which the robbery was committed,
by any of the following means:
1. Througha opening not intended for entrance or
egress.
 The offender did not use the door. He
could have entered through the window
or he used a ladder.
2. By breaking any wall, roof, or floor or
breaking any door or window.
 The door itself must be broken. Not just
the doorknob. It must be an outside
door (the one which leads us outside). If
not broken it would just be theft.
3. By using false keys, picklocks or similar tools.
 False key includes original key stolen
from the owner and used in opening a
door.
4. By using any fictitious name or pretending the
exercise of public authority.
 He enters the building by pretending or
using any fictitious name or exercise of
public authority.
 For example, someone pretended to be
an officemate of your boss/employer
and instructed you to give him your
employer‘s laptop or other gadgets
because it will be used in the office.
What is the crime committed? ESTAFA.
Because there is deceit.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 If he enters the building, it is robbery.
If he did not enter the building, it is
estafa.
 Can robbery with force upon things be
committed by a person who is already
inside the building, such as he is a
helper? YES when he would break the
doors, wardrobes, chests, or any other
kind of locked or sealed furniture or
receptacle.
o Example, breaking of drawer,
robbery.
o Breaking of your piggy bank
by your brother outside your
house. It could still be robbery
with force upon things. Para 2
says by taking such furniture
or objects to be broken or
forced open outside the place
of the robbery.
o But what if he wasn’t able to
open or break because it is
made of steel, what’s the
crime? Robbery.
Consummated robbery
because the law says to be
broken. It is not necessary that
it be actually broken. The
purpose is to break it open
outside.
o When the offenders do not
carry arms, and the value of
the property taken exceeds 250
pesos, the penalty next lower
in degree shall be imposed.
 The penalty is reclusion temporal.
 The penalty is higher if they carry arms
because the offender is dangerous.
 TN: Justifying circumstances. The defense of property
would only be justifiable if the same is coupled with
attack on the person who is a custodian property.
o The same rule shall be applied when the
offenders are armed, but the value of the
property taken does not exceed 250
pesos.
o When said offenders do not carry arms
and the value of the property taken does
not exceed.
o If the robbery be committed in one of
the dependencies of an inhabited house,
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
public building, or building dedicated
to religious worship, the penalties next
lower in degree shall be imposed.
 Can a guest observant commit robbery with
force upon things? YES under Para b. it can be
committed by an insider.
 Formula under Para A: ENTER +
Take personal = Robbery
 ENTER alone = Trespass to
dwelling
 Example: your car parked outside,
if the window was broken and
stereo was taken, what is the crime
committed? THEFT only because
the offender did not enter into a
building. (If kamotragipalusot, theft
only)
TAKE NOTE again: Article 301 gives us the definition.
- Inhabited house means any shelter, ship or vessel
constituting the dwelling of one or more persons,
even though the inhabitants thereof shall
temporarily be absent therefrom when the robbery
is committed.
- Example: A sink sank including boxes containing
valuables. The accused dive down inside the ship and
took away the silver coins inside those boxes. Crime
committed?
 Robbery because a ship is considered an
inhabited place.
- An inhabited house includes a house that is inhabited
although the inhabitants there are temporarily out
ARTICLE 302. Robbery in an Uninhabited Place
- Robbery in an uninhabited place or building such as a
warehouse that no one lives in or a private school.
- Robbery with violence = tulis
- Robbery with force upon things = lungkab
- Penalty is lower PC in its med and max period because
there is no person or risk involved.
The entrance is made through:
1. If the entrance has been effected through any
opening not intended for entrance or egress.
2. If any wall, roof, flour or outside door or window
has been broken.
3. If the entrance has been effected through the use of
false keys, picklo cks or other similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed
furniture or receptacle has been broken.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

5. If any closed or sealed receptacle, as mentioned in brigand

the preceding paragraph, has been removed even if
the same to broken open elsewhere.
- All circumstances are present in 299 except use of
fictitious name because there is no person to use the Brigandage is amended by PD 532
fictitious name to. - Refers to highway robbery
- When the property taken is a mail matter or large cattle
the penalty is higher in degree. It is aggravating. Brigandage
 Before houses were taller and below the house - If under 306. consists of at least 4 robbers
is storage for cattle. If you take the cattle - If under PD 532. It is no longer required that there are at
then the penalty is higher. least 4 armed persons. It only requires that persons
 If what was taken was a pig, in order for it to were organized for the purpose of committing
be a dwelling, the building must be highway robbery indiscriminately.
habitable. If not it will only be theft
Under PD 532
ARTICLE 303. Robbery of Cereals, Fruits, or Firewood in an - The penalty is higher than under Article 306 of the RPC
Uninhabited Place or Private Building. - It penalizes Highway Robbery
- Does not define a crime it only gives a penalty - It must be established that the robbery is committed
- What was taken are cereals (seedlings), fruits or indiscriminately against persons who commute in
firewood. such highway regardless of the potentiality they offer.
- There is frequency in the commission of robbery in the
ARTICLE 304. Possession of picklocks or similar tools. — highway against persons traveling thereat.
- Mere possession is punishable, such as possession of - The offender is a brigand who carries out robbery in the
master key highway as a venue.
- The person who makes such tools is a locksmith, the
penalty shall be higher. Philippine Highway under PD 532
- It shall refer to any road, street, passage, highway and
ARTICLE 305. False Keys bridges or other parts thereof, or railway or railroad
- Genuine keys stolen from the owner are included as within the Philippines used by persons, or vehicles, or
false keys locomotives or trains for the movement or circulation
of persons or transportation of goods, articles, or
ARTICLE 306. Brigandage property or both.
- Brigandage refers to the formation of a band of robbers - Even if only a person may pass through, it is still
for the purpose of committing robbery in the highway considered a highway.
or kidnapping of persons - If there is a person, who‘s jurisdiction is only that small
- Mere membership is already sufficient passage way/ street and he robbed a lot of persons
- The purpose is to penalize the formation of a group for there, he can be convicted of highway robbery.
the commission of robbery in the highway or
kidnapping One cannot be convicted of highway robbery if there is no
proof he committed robbery in the same street/road before.
Highway Robbery Robbery in the - Failure to prove that he committed robbery before in
Highway the same place; he cannot be convicted under PD 532.
He can only be convicted of robbery under the RPC
Limited in the Jurisdiction Not limited in the - PD 532 has a higher penalty than the RPC
Highway highway, incidental - PC max to PM med for simple robbery
that the robbery was - PD 532 - lowest penalty is RT minimum
committed in the
To be convicted of Highway Robbery there must be:
highway
1. Prior conviction of Robbery in that road
indiscriminately
Indiscriminately, Committed Against a particular
2. There is frequency in commission of Highway
against all persons person or pre- Robbery
who uses the determined person
highway If there is a robbery in a Jeepney there is only one robbery
committed even if there are a lot of passengers.
Frequency Commission Merely incidental, - Single Larceny Doctrine
robber is not a - only one act

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
People vs. Abay Jr. Sept. 19, 2008
People vs.Puno 219 SCRA 85
- Puno was convicted of HR for staging robbery on
board a jeepney. He was charged of HR. The SC convicted him
but modified the ruling of the lower courts. He cannot be
convicted of HR because it was not proven that he was
convicted before of Robbery.
What is the liability of persons who aid or abet brigands?
- Liable as accomplices
- Under PD 532 it is higher
- Under Art. 307 PM med to PM min
ARTICLE 308. Who are Liable for Theft
- Committed by any person, who with intent to gain but
without violence against, or intimidation of persons
nor force upon things, shall take personal property of
another without the latter‘s consent.
The offender went inside the convenience store. Once inside,
he took away goods. Without his knowledge, the owner of the
convenience store saw what he did because there was a CCTV
camera installed. The offender was charged with theft but he
argued that he is not liable for theft because the taking was
with the knowledge of the owner. Is he liable?
- Yes, although there was knowledge there was no
consent.
There must be intent to gain.
- Actual gain is not necessary
- Mere intent is sufficient
- Intent to gain is presumed from the unlawful taking of
the property.
Gain may include personal satisfaction
- There was taking but there was no gain in your part
because the items taken were also given to the poor.
There is still theft because of the personal satisfaction
because it is considered as gain. The fact that a person
is satisfied with what he did in giving the stolen items
to the poor, it is still gain.
308 Simple theft
MEANING OF ―TAKING‖ IN THEFT
Taking is complete the moment the offender has control or
custody of the item taken, just like in robbery
Opportunity to dispose of the item is not required
The moment that he has control, possession or custody over
the item, the taking is considered complete and because the
taking is already complete, the crime is considered
consummated
THERE IS NO CRIME OF FRUSTRATED THEFT
CASE: Pp vs Valenzuela, June 21, 2007
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SC said: there is no frustrated theft. Theft is either attempted or
consummated. Because the moment the offender has control or
custody over item taken, the taking is complete.
It is just the same with robbery with force upon things.
EX: Robbers went inside the bank and told the teller to give the
money. The teller gave the money and placed it on top of the
counter. The policemen arrived. The money is consummated
because the money is in the possession of the robbers. He
already has control, possession or custody over the item which
is the subject of the robbery.
OTHER MEANS OF COMMITTING THEFT
1. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner;
EX: Someone left his or her cellphone in the classroom; you got
the cellphone and shouted, ―Who owns this cellphone?‖ No
one answers so you placed it inside your pocket. Did you
commit any crime? Yes, theft.
What is the proper thing to do if you found something? You
give it back to owner, if you know who owns it. If not, you
give it to the proper authorities.
EX: Suppose the finder delivered it to the police but the police
did not deliver it to the owner but he spent it for personal use.
What is the crime committed? Theft.
Why theft even if he was not the finder? He is considered as
finder in law. His position is considered as an extension of the
finder in fact or similar to that of the actual finder. The law
considers him also as a finder. [(2008 Bar, Q5) Similar question
but the suggested answer of the UP Law Center is:
malversation. But there is already jurisprudence: Ppvs Avila.
SC said crime is theft.]
2. Any person who, after having maliciously damaged the
property of another, shall remove or make use of the fruits
or object of the damage caused by him; and
EX: There‘s a pig that went in your property and you
slaughtered it. What is the crime committed? Malicious
mischief. But if you told you son to buy some ingredients to
flavor the pig, the crime would be theft.
3. Any person who shall enter an inclosed estate or a field
where trespass is forbidden or which belongs to another
and without the consent of its owner, shall hunt or fish
upon the same or shall gather cereals, or other forest or
farm products.
Here, this does not cover fishponds. If this was a fishpond,
that is qualified theft. It can be a tiny pond here.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
If you just enter the farm and not gather fruits once inside, that
is other form of trespass. But if you gather some fruits, that is
theft.
―Theft is committed by any person who, with intent to gain but
without violence against or intimidation of persons nor force
upon things, shall take personal property of another without
the latter's consent.‖
JOY RIDE OR USING CAR OF ANOTHER TO LEARN HOW
TO DRIVE IS SUFFICIENT GAIN
- Ppvs Fernandez, CA case, 38 OG 985
- The owners of the house were not around so the driver
used the car and let his girlfriend ride the car with him. Is
there theft? There is theft because they derived utility,
satisfaction, enjoyment, and pleasure, or what amounts to
the same thing, real gain. This is equivalent to gain.
- Referring to above example, If you were driving it and
you caused an accident. Can you hold the insurance
liable? Yes because that is considered as theft. (Villacortavs
Insurance Commission, 100 SCRA 407) (AbuevsFieldmans
Insurance, 124 SCRA 618)
- Joy ride is considered theft
RETURN OF THE ITEM, HOW IS IT CONSIDERED
- Mitigate only – analogous circumstance of voluntary
surrender or voluntary plea guilty
PRESUMPTION AS TO POSSESSION OF STOLEN
PROPERTY
- Possessor of stolen property is presumed to be the thief
- Concept is similar to falsification
EX: The laptop that you are bringing is stolen. You are
presumed to be the thief. If that is a stolen property, then you
are presumed to be the owner.
THEFT IS NOT A CONTINUING CRIME
309 Penalties
BASIS OF PENALTY IN THEFT
It depends on the value of the item taking.
EX:
Value of the thing taken- 2M
Penalty –the same shall not exceed 20 years – the
maximum penalty shall be termed as prision mayor or
reclusion temporal
WHEN THERE IS NO EVIDENCE OF VALUE OF PROPERTY
STOLEN
It is presumed that the value of the item taken is P5.00
EX: Your bicycle was stolen and you were not able to prove the
value or unable to present a receipt, it would be presumed that
its value is P5.00.
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310 Qualified theft
PENALTY IS TWO DEGREES HIGHER
- Provides for qualifying aggravating circumstances
- Penalty is higher by 2 degrees than that prescribed in Art
309
THEFT IS QUALIFIED
1. If the theft is committed by a domestic servant
EX: If you have a new yaya, you told your wife ―Our yaya is
new, watch over her since she might steal from us.‖ A few
days later, she stole some of your belongings. What is the
crime committed? You did not trust her. Why would it be
qualified theft? Even if you do not trust but the fact that she is
a domestic servant would qualify the crime to qualified theft.
2. If the theft is committee with grave abuse of confidence
There must be proof of abuse of confidence. That the offender
has confidence in the accused and their confidence has been
gravely abused.
EX: Teller of a bank, credit collector
 Estafa
 Qualified thef

It must be proven that the offended party has reposed his
confidence on the accused, that the trust and confidence has
been gravely abused. If there is no proof that you trusted that
person, the crime is merely simple theft.
In case of doubt, the same shall be presumed in favor of the
accused. Between simple theft and qualified theft, which is
more favorable? Simple theft.
CASE: PpvsPuig, August 28, 2008
3. If he property stolen is a
A. Motor vehicle,
This has already been repealed by the Anti-Carnapping Act
because when the subject of theft is a motor vehicle, the crime
committed is violation of the Anti-Carnapping Act (RA 6539).
Not all motor vehicles are covered by RA 6539. If these motor
vehicles are taken as the subject of theft, the crime committed
is qualified theft. For those motor vehicles that do not fall
under those enumerated in RA 6539, the crime committed
would still fall under qualified theft.
 Grader
 Bulldozer
 Road rollers
 Tractor
B. Mail matter, or
What is the crime committed by a postman who opened a mail
matter and took away the contents. What is the crime
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
committed? If the mail matter came from the US and it
contained dollars. The postman then got the dollars. What is
the crime committed?
 Qualified theft – if you want a higher penalty then file
this case because it would be 2 degrees higher
 Infidelity on the custody of documents
 Falsification – if it involves postal money order that was
falsified
If the amount was $200. If converted into peso so P8, 000.00+.
Refer to 309, so if it was simple theft – prision correctional in its
medium and maximum. 2 degrees of prision correctional in its
medium and maximum would be imposed – SOLVE.
C. Large cattle
Repealed already by PD 533 – the taking of large cattle, with or
without violence
4. If the property consists of coconuts taken from the
premises of a plantation
EX: If you took a coconut. The price of one is for P25.00. The
penalty imposed if it would be simple theft is arresto mayor
(Art 309), so two degrees higher – prision mayor
It should come from a plantation. Not from the backyard of
your neighbor who has 1-2 coconut tress.
The coconuts must be taken from the tree within the
plantation. If the coconuts were already taken from the tree
and placed outside the plantation, the crime would only be
simple theft.
5. If the property stolen is fish taken from a fishpond or
fishery
Why would it be qualified theft if you take property from a
plantation or fishpond? It is so hard to watch over these
properties.
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
EX: There is fire and you remove your belongings from your
house. When you left it behind, a person takes away some if it.
The crime committed is qualified theft.
EX: When an accident occurs at Manipis, the people there
would kill the victim so that they can take away their property.
That is robbery with homicide.
TIMBER SMUGGLING FROM, AND ILLEGAL CUTTING OF
LOGS IN, PUBLIC FOREST AND FOREST RESERVES ARE
PUNISHED AS QUALIFIED THEFT BY PD 705
If you cut trees in the kalasangan, that is violation of the
Forestry Code (PD 705) but the penalty is the same with
qualified theft. The cutting, gathering, or collecting timber or
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other forest products shall be punished by the penalty under
Art 310, in relation to Art 309
ANTI-CATTLE RUSTLING LAW OF 1974 (PD 533)
Cattle rustling is the taking away of large cattle with or
without profit, with or without violence.
Large cattle shall include the cow, carabao, horse, mule, ass, or
other domesticated member of the bovine family.
EX: If your Persian cat was stolen. That is only simple theft. A
cat is not part of the large cattle definition.
ANTI-FENCING LAW (PD 1612)
It is committed when there is robbery or theft. The penalty is
the same with theft under Art 309.
311 Theft of the property of the National Library and
National Museum
Penalty here is higher. There is no value mentioned here
unlike in ordinary theft. So, regardless of its value – it has a
fixed penalty
312 Occupation of real property or usurpation of real rights
in property
―Any person who, by means of violence against or
intimidation of persons, shall take possession of any real
property or shall usurp any real rights in property belonging
to another‖
EX: Someone enters your property, you call out his attention
but then the person points a gun, knife or long bolo at you. So
there is violence. The crime committed is violation of Art 312.
How do you eject? You go to court, file a case for forcible entry
against the intruder.
The crime is without prejudice to the filing of another crime
involving the violence executed by the offender. So he can be
charged with grave threats, or with physical injuries if there is
violence. – An example of a two-tiered penalty
313 Altering boundaries or landmarks
―Any person who shall alter the boundary marks or
monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same‖
If you think that a monument has encroached your property,
what is the proper thing to do? Do a relocation survey and
there must be a geodetic engineer. If you do it on your own,
you commit the crime of Art 313.
314 Fraudulent Insolvency
―Any person who shall abscond with his property to the
prejudice of his creditors‖
Offender here is a debtor and he abscond with his property in
order that his properties could no longer be reached by his
creditors.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

possession.
The term ―abscond‖ includes disposing or selling of real
property to defraud the creditors. Example: Contract of Example: Mr. X found a
Lease. If you are renting gold bar but he wasn‘t
It is not necessary that the debtor be declared as bankrupt. It is
a book for 1semester, the sure if it was a real gold.
enough that he has loans and he absconds with his property in
order to prejudice his creditor. So that he cannot anymore be owner cannot just take And so he asked Mr. Y to
reached by the creditors. the book away from you bring the gold bar to a
before the end of the pawnshop to have it
July 28, 2016 semester. The possession examined and to verify if
Part 21 that you have over the the same is pure gold.
Review:
book is juridical. The latter agreed but
ROBBERY WITH HOMICIDE then failed to return the
Example: You rent a car gold bar. Liability?
- The concept of this is the same with that of Rape with for 1 day or 2 days. The
Homicide. owner cannot just take it Ans. THEFT because the
away from you before nature of his possession
In Robbery with homicide, the victim of the killing could the end of the period is only material or
be different with that of Robbery. The same with Rape agreed upon. You have physical. He does not
with homicide where the victim of the killing could be the right to withhold have the right to
a different person from that who was the victim of possession even against withhold its return to the
Rape. the owner. owner, Mr. X.

Read: People vs Laug, GR No. 178321 October 5, If the possessor fails to If the possessor fails to
2011 return the item to the return the item to the
owner after demand, he owner upon demand, he
THEFT could be held liable for could be held liable for
ESTAFA. THEFT.
- There is a kind of theft wherein the item subject of the
theft is delivered to the offender, because we have
learned that in the crime of theft, the offender takes (You should already be able to distinguish by now possession from
away an item from the owner or possessor. ownership.)

This kind of theft is different because the item is not THEFT ESTAFA
taken away by the offender but is delivered by the
owner or the possessor of the item to the offender. If possession is merely If possession is juridical
material or physical and possession and the
HOWEVER, the kind of possession that the possessor possessor fails to return possessor fails to return
has over the item is merely material or physical upon demand. upon demand.
possession. He doesn‘t have the so called juridical
possession.
Article 315Swindling (Estafa)
JURIDICAL MATERIAL/ PHYSICAL
POSSESSION POSSESSION Elements of estafa in general:
1. That the accused defrauded another
a kind of possession - He is merely the a. By abuse of confidence or
which gives the keeper or the b. By means of deceit or false pretenses
transferee or holder a custodian of the 2. That damage or prejudice capable of pecuniary
property. estimation is caused to the offended party or third
right over the thing
- His possession is
which the transferee may person.
merely an extension
set up even against the of that of the owner.
owner himself. 2 WAYS OF COMMITTING ESTAFA, either by:
- He cannot withhold
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 CRIMINAL LAW REVIEW (Book 1)
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a. Unfaithfulness or abuse of confidence or - The accused here received an item or

b. By means of false pretences or deceitful acts. property by virtue of a trust or for
commission or for administration. This is
ABUSE OF CONFIDENCE what we referred to earlier as juridical
possession.
DIFFERENT ACTS THAT CONSTITUTE ABUSE OF
CONFIDENCE:
- The offender has the obligation to return or to
par. 1. By altering the substance, quality or quantity deliver the same item.
par. 2. By misappropriating
par. 3. By taking undue advantage of the signature RECEIVED ON COMMISSION

Under par. 1a Example: Mr. X delivered to Mr. Y a gold bar

with an agreement that Mr. Y would sell the
The offender here has an obligation to deliver. Probably a gold bar for 500K within 1month. That if sold,
Contract of Sale. Mr. Y should remit the proceeds to Mr. X
otherwise he has to return the gold bar. After
ALTERING THE QUANTITY a month, Mr. Y did not remit the proceeds nor
Example: You bought 1 sack of rice, that is supposed did he return the gold bar assuming the same
to be 50kilos. But when the same was delivered, it wasn‘t sold. Q: Did Mr. Y commit any crime?
only weighed 45 kilos. Were you defrauded? YES. By
altering the quantity. Ans. YES. Estafa under par. 1b. There is abuse
of confidence by misappropriating or
ALTERING THE QUALITY converting to his personal use the item that he
Example: You bought ganador rice but when the same received with an obligation to deliver or to
was delivered to you, you realized it was mixed with return the same item. That is what we call
NFA rice that smelled like cockroach. Q: Were you ―received on commission‖
defrauded? YES. Under paragraph a, by altering the
substance, quality or quantity. Received on commission
- Meaning you are acting as an agent.
EVEN THOUGH SUCH OBLIGATION BE BASED - IOW the contract between X and Y is a
ON AN IMMORAL OR ILLEGAL contract of agency to sell. Mr Y is acting as an
CONSIDERATION agent or a representative of Mr. X.

Example: You bought 1kilo of shabu but you RECEIVED IN TRUST

were given only one half kilo of shabu and
the other half was actually just tawas. What - Almost the same with a property received on
crime was committed against you? Ans. ESTAFA commission. The property was delivered to
under Article 315(1)(a). you with an obligation to return it.

So again, the offender here has an obligation to RECEIVED FOR ADMINISTRATION

deliver but he alters the substance, the quality or the
quantity.
Under par. 1b By misappropriating or converting to
the prejudice of another personal property received in
trust.
This is the common kind of estafa committed by
abuse of confidence.
- Example: The court appointed you as
administrator of the estate of the deceased but
you misappropriated the property under your
administration. Q: What crime is committed?
Ans. ESTAFA under par. 1b. Because the
properties were entrusted to you for
administration but you abused the confidence
by misappropriating the properties which
you administer.

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 CRIMINAL LAW REVIEW (Book 1)
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- Example: Contract of Commodatum. You ownership.

borrowed a book and promised to return the
same by the end of the semester. Suppose you Note: If what was If what was
do not return the book despite demand. Q: transferred is only transferred was
What crime did you commit?
material possession ownership, there can
Ans. ESTAFA. and not ownership, be no estafa.
there is estafa.
- Example: You borrowed a gold choker or a
necklace during your wedding. But you failed - Example: If the 10k earlier sent by your friend was a
to return it thereafter. Q: What crime did you loan, which you promised to pay upon return from
commit?
manila. But you failed to pay such loan. Q: What crime
was committed?
Ans. ESTAFA. Abuse of confidence by
misappropriating the property which you
received with an obligation to return the item. Ans. NOT Estafa because the obligor had no
Worse if you deny having received such obligation to return the same money, but to pay the
property. same amount.

- Example: You‘re on your way to manila. Your

friend gave you 10k to buy the dress
displayed in MOA, which she long wanted to
buy, so she gave you 10k. You did not buy the
dress, or if you did buy it, you did not deliver
the same to your friend. Q: What crime did you
commit?
Ans. ESTAFA. Because you had the obligation
to return the money if you weren‘t able to buy
the dress.
- Example: X delivered a gold necklace to Y. The
agreement was that Y would pay for it by the
end of the month otherwise return it. Y failed
to pay for it, likewise to return it by the end of
the month despite demands. Q: What crime if
any did he commit?
Ans. NO CRIME. Only civil liability. Because
the contract between X and Y is not a contract
of agency to sell but a contract of sale.
- Example: You deposited money in the bank but the
bank failed to pay you the amount deposited. Q: What
crime was committed by the bank?
Ans. Same, no crime. Because the contract with the
bank is a contract of loan, not a contract of deposit.
Thus the relationship between the depositor and the
bank is similar to that of a creditor and a debtor.
Contract of deposit is different. Because if the deposit
is misappropriated, there could be estafa.
(c) taking undue advantage of the signature of the offended
party in blank, and offender used such signature, to the
prejudice of the offended party or any third person.
-Offender, with abuse of confidence, wrote something above
the signature, offender takes advantage of such and writes
obligations/statements which can bind the offended party due
to such signature.

CONTRACT TO CONTRACT OF 2. By means of deceitful act/false pretense:

SELL SALE (a) By using a fictitious name, or falsely pretending to possess
power/influence/qualifications/business or imaginary
There is no transfer There is transfer of transactions; or by means of other similar deceits;
of ownership because ownership and the
the obligor/ agent obligation of the Notes:
undertakes himself to buyer is only to pay
Ex: you want to secure a visa for the US, the accused told you
sell the item or to the purchase price.
that he can secure one for 100k and stated that he has friends in
return the same by the Embassy, when in fact he does not.
the end of the period
agreed upon. Another, you pretended to be a lawyer when in fact you are
Here there can be No Estafa because not, this is considered as false pretenses; or pretended to be an
agent or a recruiter for work abroad (illegal recruitment; no
estafa. there is already
double jeopardy since illegal recruitment is a special law)
transfer of
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 CRIMINAL LAW REVIEW (Book 1)
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(b) By altering the quality/fineness/weight of anything
pertaining to his art/business;
Notes:
-as distinguished in paragraph 1(a), here in 2(b) there is no
obligation to deliver
Ex: a fish vendor, upon the act selling a particular fish, altered
its quality, then liable under 1(a); however if the quality of the
fish is already altered and making it look like it was never
changed upon selling, then 2(b) applies.
(c) By pretending to have bribed any govt. employee without
prejudice to the action for calumny which offended party may
deem proper to bring against the offender;
of any false pretense or abandoning or surreptitiously
removing any part of his baggage without paying for his
food/refreshment/accommodation.
Notes:
Question: can a check be a subject of theft? Yes, since the check
has a value, hence the amount of the check will be the basis for
the penalty for the crime of theft. Suppose the stolen check was
cashed in the bank and then later on dishonored, see People vs
Jacinto.
Through any of the following fraudulent means:
(a) By inducing another by means of deceit to sign any
document;

Notes: This differs in falsification, since here, the signature is really

genuine, but the offender was able to secure the signature thru
Calumny- defamation deceit or inducement.

Ex: you want to secure a franchise for a public utility, then a
fixer approaches you and tells you to give him 200k, 50k for
the franchise and the rest as ―padulas‖, when in fact, there was
really no bribe given, you only pretended that you bribed the
govt. employees responsible for the issuance of the franchise.
(d) By issuing a check in payment of an obligation when
offender had no funds in the bank or his funds are insufficient
to cover the amount of such check;
(b) Fraudulent practice to insure success in gambling
(c) By removing/concealing/destroying in whole or in part
any court record/files/docs or any other paper
Ex: the accused is pretending to be lawyer, asked the clerk of
court for certain documents.
Malversation Estafa by misappropriation

Notes: Accused is a public officer, Cannot be held liable if

although a private person misappropriated by another
-There are 2 crimes committed here, estafa and violation of BP
could also be liable for due to negligence
22. Take not that in this paragraph, the accused
issue/delivered a check, either postdated or currently dated malversation in conspiracy
and at the time he issued the check, he issued money/property with the public officer.
from the offended party; suppose he issue the check as a And the public officer is the
payment of a loan that he incurred a month ago, and the same custodian of public
was dishonored, here there was no estafa, since the time he funds/property;
issued the check he did not receive any money/property
instead the issuance was for a pre-existing loan/obligation.
or either by dulo or culpa, by
-Under this paragraph, the criminal liability of the offender allowing other people to
could be extinguished if within 3days (banking days) after misappropriate public
demand to pay or notice of dishonor, he would pay in full the fund/property under his
amount of the check. custody
-under PD 818, estafa here has a higher penalty thru issuance
of a check

-this paragraph is considered as asimultaneous transactions,

Malversation Estafa by Misappropriation
because the offender issues a check and at the same time the
[1(b)]
offender party delivers money/property to the offender.
- the accused could be held - such rule is not applicable
(e) By obtaining any food/refreshment/accommodation at a
liable if he, as the custodian here. He can‘t be held liable if
hotel/inn/restaurant/boarding house/apartment and the like
of public funds or property, the property he received in
without paying thereof with intent to defraud the proprietor or
allows another, through his trust or commission and
manager, or by obtaining credit at said establishments by use
negligence, to which he has the obligation
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 CRIMINAL LAW REVIEW (Book 1)
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misappropriate such funds or to return, is being
property misappropriated by another
person because of his or her
negligence
- demand to pay is not
necessary before filing the
case in court, IF there is
CLEAR EVIDENCE OF
MISAPPROPRIATION by
the offender. But if there is a
demand even if there is clear
evidence of misapp, the failure of
the accused to return the item is
considered as a Circumstantial
evidence of misappropriation.
(Pp vs Lee 4/11/05)
**demand need not be in
writing. It could be oral
Ex: X delivers to Y a necklace worth 100k to be sold within 1
month and the proceeds shall be credited to X, but if not sold it
shall be returned. Y in his effort to sell the item, contacted A
and agreed with the latter to sell the necklace within 1 month,
if not he has to return the same. A did not return the item. Is Y
liable for estafa to X?
No. The agents to whom personal property was entrusted
for sale, conclusively proves the inability to return the
same is solely due to malfeasance of a subagent to whom
the first agent had actually entrusted the property in good
faith, and for the same purpose for which it was received;
there being no prohibition to do so and the chattel being
delivered to the subagent before the owner demands its
return or before such return becomes due, we hold that
the first agent cannot be held guilty of estafa by either
misappropriation or conversion. The abuse of confidence
that is characteristic of this offense is missing under the
circumstances.
In cases of estafa the profit or gain must be obtained by
the accused personally, through his own acts, and his
mere negligence in permitting another to take advantage
or benefit from the entrusted chattel cannot constitute
estafa under Article 315, paragraph 1-b, of the Revised
Penal Code; unless of course the evidence should disclose
that the agent acted in conspiracy or connivance with the
one who carried out the actual misappropriation, then the
accused would be answerable for the acts of his co-
conspirators. If there is no such evidence, direct or
circumstantial, and if the proof is clear that the accused
herself was the innocent victim of her sub-agents
faithlessness, her acquittal is in order. (Serona vs CA Gr
130423 11/18/02; Pp vs Nepumoceno 4/30/08)
Review:
What is an example of Juridical Possession?
 a Contract of Lease
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Example:
You rented a car and didn‘t return – ESTAFA
If you stole the car directly – CARNAPPING
Instance where contract of lease has no transfer of juridical
possession to the lessee:
 Boundary System – usually used in renting taxis and
PUJs
 Traffic Code: Transfer of Juridical possession
is not allowed in the boundary system
 Nature of possession of the jeep driver is
only material possession
 If such driver fails to return the PUJ or taxi,
he could be held liable for CARNAPPING,
not estafa. (Pp vs Bustenera 6/8/04)
If the Contract to sell has been novated
Case: X delivers to Y a gold necklace worth 100k to be sold
within 1 month and if not sold, the item shall be returned; if
sold, he is to remit the proceeds. After 1 month, Y failed to
return the necklace and remit the proceeds. – Crime is Estafa
by Misappropriation. There is abuse of confidence.
When X sent Y a demand to pay, Y begged to pay for the
necklace within 10 months. X acceded. 10 months later, Y
never paid. Estafa was filed. Is Y liable?
SC: if there has been novation or a change of the contract and
such occurred before the filing of the case in court, the
novation extinguished the insipient criminal liability of the
accused. (Guingona Jr vs City Fiscal of Manila; Pp vs Neri 10
SCRA 244)
In the case, the first contract was a Contract to Sell/Agency to
Sell. But they changed the contract to a Contract of Sale.
TN: novation must occur prior to the filing of the case in court.
BP 22 -AN ACT PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A CHECK WITHOUT
SUFFICIENT FUNDS OR CREDIT AND FOR OTHER
PURPOSES
Section 1. Checks without sufficient funds. - Any person who makes
or draws and issues any check to apply on account or for value,
knowing at the time of issue that he does not have sufficient funds in
or credit with the drawee bank for the payment of such check in full
upon its presentment,xxx-
 Issue a check to apply on account – you have an
existing obligation to pay
 For value – the obligation is contracted on the time of
the issuance of the check (this is what makes it estafa)
- xxx which check is subsequently dishonored by the drawee bank for
insufficiency of funds or credit or would have been dishonored for the
same reason had not the drawer, without any valid reason, ordered
the bank to stop payment, xxx
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
 The drawer has insufficient funds but he issued a stop
payment order to the bank. The drawer could still be
held liable.
 The offender here is only the drawer or the maker.
Indorser can‘t be liable unless in conspiracy with the
maker or drawer.
- xxx shall be punished by imprisonment of not less than thirty days
but not more than one (1) year or by a fine of not less than but not
more than double the amount of the check which fine shall in no case
exceed Two Hundred Thousand Pesos, or both such fine and
imprisonment at the discretion of the court.
The same penalty shall be imposed upon any person who, having
sufficient funds in or credit with the drawee bank when he makes or
draws and issues a check, shall fail to keep sufficient funds or to
maintain a credit to cover the full amount of the check if presented
within a period of ninety (90) days from the date appearing thereon,
for which reason it is dishonored by the drawee bank.
 Suppose at the time of the making of the check he has
sufficient funds, but later on he withdrew the amount
and at the time was presented it was dishonored
because of insufficiency of funds. Liable? Yes!
Elements of violation of BP 22
1. A person makes or draws a check
2. Check is made or drawn and issued to apply on
account or for value
3. The person who makes or draws and issues the check
knows at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for
the payment of such check in full upon its
presentment
4. The check is subsequently dishonored by the drawee
bank for insufficiency of funds or credit, or would
have been dishonored for the same reason had not the
drawer, without any valid reason, ordered the bank
to stop payment.
―Knowledge of the drawer or maker of the insufficiency of
funds at the time of making the check‖
- this is hard to prove because it‘s a mental activity.
- Knowledge of insufficiency is PRESUMED. But such
presumption arises if the check is presented within the period
of 90 days from the date appearing thereon.
- If after 90 days, you need to present evidence to prove. There
will be no presumption by then.
How will the drawer know that the check has been
dishonored?
- Notice of Dishonor
- Under Sec 2, the drawer or maker is given 5 days (estafa 3
days) form receipt of notice of dishonor to make good of his
check or to pay full value OR to make arrangement with the
bank for the full payment of the check.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- Sending of notice of dishonor is very important because
unless the drawee or maker can receive the notice of dishonor,
the counting of the 5-day period will not run and therefore you
cannot hold him liable. (This is the same principle as estafa by
drawing a check)
During the trial, how can the prosecution prove that there
was a notice of Dishonor?
- If thru post office, let the postman make an affidavit that the
signature in the return receipt is the drawer‘s or maker‘s
- SC: Presentation of registry receipt and the registry return is
not sufficient to prove that the maker has received notice of
dishonor.
Aug. 3, 2016
Part 22
Additional note under Probation!
– Under the present amendment of the Probation
Law, crimes against public order are now
probationable, provided that the penalty imposed
by the court is also probationable.
– The crimes that are not probationable now are
those crimes against national security.
Art. 315
Juridical possession, as compared to material or physical
possession
– Juridical possession is a kind of possession which
gives the transferee the right to possess the thing
which the transferee may set up even against the
owner. He has superior right in possession over the
owner himself.
– Example, contract of lease. The owner cannot get
the property leased before the expiration of the
contract of lease. The lessee can hold on to his
possession over the property even against the
owner himself.
– Failure to return the property upon demand (when
the contract has already expired), he could be held
liable for Estafa.
– In material or physical possession, the possessor is
merely considered as a keeper or custodian of the
property. He cannot refuse to turn over the
property when the owner so demands for the
same. His possession is merely an extension of that
of the owner.
– He could be held liable for Theft if he fails to return
the property upon demand.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Note: If one is charged with Theft, he could be
convicted of Estafa, and vice versa.
Estafa by Misappropriation
―By misappropriating or converting, to the prejudice of another,
money, goods, or any other personal property received by the offender
in trust or on commission, or for administration, or under any other
obligation involving the duty to make delivery of or to return the
same, even though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money, goods, or other
property.‖
– One of its elements is demand. However, if there is
a clear evidence of misappropriation, demand for
the return of the property is not necessary.
– If there is demand to return and there is failure to
return despite demand, this failure to return is a
circumstantial evidence of misappropriation.
Depositor and bank
– Governed by the laws of the contract of loan
– If the bank fails to pay the depositor, there is no
Estafa, the liability of the bank is merely civil in
nature
Received on commission
– When the offender is given authority by the
offended party to act as his ―agent‖, such as in the
contract of agency to sell. Failure to return the
property upon demand is Estafa
Thing was received for administrator
– A person is appointed by the court as
administrator for the estate but he misappropriates
the property or money received by him as
administrator, he could be held liable for Estafa
because he has the obligation to administer the
property and return them to the heirs
Other contracts
– Which the offender has the obligation to return.
Including quasi-contracts
Quasi-Contracts
– When a personal property is erroneously delivered
to another person, that person to whom the
property the property was erroneously delivered
has the obligation to return it. If fails to return, he
could be held liable for Estafa
Contract of Bailment
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
– Such as contract of deposit. The personal property
is deposited for safekeeping to another person. He
has the obligation to return the property upon
demand
– Contract of Lease
– Contract of Commodatum
– In all these contracts, the keeper or receiver of the
property has the obligation to return the same
property
Boundary System
– Arrangement between operator and driver
– In a boundary system involving a public utility
vehicle, if the driver fails to return the car, the
crime committed is Carnapping.
– Why not Estafa? Because under the Traffic Code,
the transfer of juridical possession to the driver is
prohibited.
– The driver is considered, under the Traffic Code, as
an employee or worker or agent of the operator.
Being a mere agent or employee of the operator,
what is transferred to the driver is merely material
or physical possession. So that, in the event that the
driver fails to return the motor vehicle that is
entrusted to him under the boundary system, he
could be held liable for violation of the Anti-
Carnapping law, which is actually theft of motor
vehicle. (PP vs Bustenera , June 8, 2004, citing the case
of PP vs Isaac, 96 Phil 931)
PD 115 (Trust Receipts Law)
– The offender received property in trust from the
offended party but fails to return the same
– Similar with contract of agency to sell
Contract of sale on credit
– What is transferred is ownership, there is no Estafa
– The obligation of the receiver is merely civil in
nature
Contract of agency to sell
– The breach of contract of agency to sell may give
rise to a criminal liability for Estafa
– If the accused failed to return the items taken and
failed to pay as well the amount of the items, and
demand was sent with threat that should he fail to
return or pay the items, a case for Estafa will be
filed in court. The accused asked for an extension
of time to pay on installment.
– Was there a novation of the contract? Yes. From
contract of agency to sell, it has now become a
contract of sale on installment.
– The novation now would extinguish the incipient
criminal liability of the accused, provided that the
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
novation must have occurred prior to the filing of
the case in court.
Teller of the Bank
– If she misappropriates the money that she collected
from the depositors, she would be liable Theft. And
considering that the teller abused the trust and
confidence reposed in her by the bank, then she
could be held liable for Qualified Theft.
– The nature of her possession over the money is
merely material or physical. The same applies to
credit collectors
Theft vs Estafa
– If the owner expects an immediate return of the
thing to him, then that would be theft. What is
transferred to the receiver is merely material or
physical possession. And that is theft if the
property is not returned
– But if the owner does not expect immediate return
of property delivered to another person, and the
same is being misappropriated, that is Estafa
– If the offender is your domestic servant, it would
always be Qualified Theft
Estafa by Issuance of Check
– If at the time of the issuance of the check, the
offender has received in return money or property
from the victim because the latter believed that the
check is funded or has sufficient funds –
simultaneous transaction – there is Estafa through
deceit.
– The offender can extinguish his criminal liability
by paying the full value of the check within (3)
days after he received the notice of dishonor. This
is some sort of amnesty
– If he fails to pay within a period of (3) days, there
would be a presumption of deceit
– Non-payment of the full value of the check, despite
receipt of the notice of dishonor, would create the
presumption of deceit on the part of the offender.
The burden of evidence would be shifted to him, to
prove that there is no deceit. Otherwise, he will be
convicted
2 ways of committing violation of BP 22:
1. by making or drawing and issuing any check to
apply on account or for value knowing at the time of
issue that he does not have sufficient funds in or
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
credit with the drawee bank for the payment of such
check
2. by having sufficient funds in or credit with the
drawee bank when he makes or draws and issues a
check and fails to keep sufficient funds or maintain
a credit to cover the full amount of the check until
the time that the check becomes stale
The check becomes stale after the lapse of 180 days, after the
lapse of 6 months
Under the negotiable instruments law, the check must be
presented to the bank within the reasonable period of time
from its issuance.
 The law did not specify when it should be presented
to the bank but in practice, a check should be
presented within a period of 6 months or 180 days
from the date appearing in the check.
 Beyond the period, it would become a stale check and
would no longer be presented to the bank for
payment
 If a check is not presented in the bank within the
period of 180 days, the drawer would be held liable
for violation of BP 22 if the same is dishonoured but
he could only be civilly liable.
 What is meant by the 90 days?
 Sec 1, 2ndpara – the 90 days which requires the
presentation of the check for payment is only
necessary for the presumption of knowledge on
the part of the drawer that at the time that he
issued the check he has knowledge of the
insufficiency of his funds.
 One of the elements of BP 22 is that the drawer
must have knowledge of insufficiency of his
funds at the time he issued the check.
 The knowledge of insufficiency is hard to prove because
that is a mental activity. This is the reason why the law
created the presumption on the knowledge of
insufficiency of funds.
 When will the presumption arise? These 2 must be
present:
1) If the check is presented for payment within a period
of 90 days from the date appearing in the check
2) The check is dishonoured
 Suppose the payee presented the check beyond
the 90 day period. Does that mean that the
drawer could not be held liable if the check was
dishonoured?
o NO. The drawer could still be held liable but
the prosecution has to prove that indeed the
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
drawer has knowledge of the insufficiency of
the funds. HOW? He can prove it by alleging
that the drawer was still able to withdraw 2
days or even a day before he issued the
check. Through such transaction, the drawer
must have known of his balance in the bank.
That could be considered as evidence.
o So, Section 2. Evidence of knowledge of
insufficient funds.
 The making, drawing and issuance of a
check payment which is refused by the
drawee because of insufficiency of funds
when presented within 90 days from the
date of the check, shall be prima facie
evidence of the knowledge of such
insufficiency of funds or credit unless
within 5 banking days after receiving
notice such check is fully paid or the
drawer would make arrangement with
the bank.
 The period of 2 days is equivalent to the
period of 3 days in Estafa. If he can pay
within a period of 5 days from the
receipt by the drawer of the notice of
dishonour and he immediately pays the
amountor if he can make arrangement
with the bank, his criminal liability will
be completely extinguished. So,
payment is a complete defense.
 TN: the reckoning period is 5 days
from the receipt by the drawer of the
notice of dishonour. So if he did not
receive a notice of dishonour, the 5 day
period will not run.
Why is notice of dishonour important?
- In order for the drawer to be given an opportunity to
extinguish his criminal liability as provided by law.
Who can prove that there is receipt of notice of dishonour?
Who has the burden of proof? How can it be proven?
- The burden lies with the prosecution.
- It can be proven by showing drawer‘s signature in the
letter.
- If it was done through postal not personal delivery?
Take note that mere presentation of the postal receipt
and the return receipt is not sufficient. There must be
a person who can testify that it was the drawer‘s
signature. The payee, even if not around but is
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
sufficiently familiar with the signature of the drawer
can prove the same. The problem is when the payee is
not familiar with the signature. It is therefore
important to present the postman who delivered the
notice.
- If the drawer receives the notice of dishonour, he
must pay within a period of 5 days.
- Case: the accused paid the whole amount of the check
when the case was already filed in the prosecutor‘s
office. It is beyond the 5 day period already. SC said
that accused is relieved from criminal liability
provided the same is not yet filed in court. (Pp v Lim,
GR No 190838, Dec 3 2014)
- Even if filed in court, it can be subject to mediation. If
they agree that the check be paid, then it can be
settled without court action.
TAKE NOTE:
The prosecution should prove who served the notice of
dishonour. It could be the drawee bank or the payee. So the
prosecution has to prove that the drawer has actually received
the notice of dishonour. This is very important!
If the recipient is other than the drawer, it must be proved that
the person who received is duly authorized by the drawer to
receive the notice.
If the check is issued by a corporation, notice to the corporation
is not sufficient. There must be a notice of dishonour to the
treasurer to make it liable.
Violation of PD 705 – Forestry Code
- The determination of penalty is the same with
qualified theft.
Article 316 – Other forms of swindling
- There is still deceit here
- The penalty is lower. Imprisonment and fine.
 Aresto mayor in its min and med periods
and a fine not less than the value of the
damage caused and not more than 3 times
such value.
It shall be imposed upon:
1. Any person who, pretending to be owner of any real
property, shall convey, sell, encumber or mortgage the
same.
- The offender here is not the owner or no longer the
owner of the real property sold.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Ex: Double sale. You sold the property to A then sold
it also to B. by the time you sold the property to B,
you are no longer the owner. So you commit other
forms of swindling.
- Or if you mortgage the same property to other
person.
2. Any person, who, knowing that real property is encumbered,
shall dispose of the same, although such encumbrance be not
recorded.
- You already mortgaged it then you also sold the
same.
- Take note of the word ―knowing‖.
- Even if the encumbrance is not recorded. Why is there
deceit here? Because the encumbrance was not made
known to the buyer.
3. The owner of any personal property who shall wrongfully
take it from its lawful possessor, to the prejudice of the latter
or any third person.
- Ex: You have cellphone and you pawned it. After you
pawned the same, you snatched it and ran away.
What is the crime committed?
 That would not be theft because you are the
owner. That would be other forms of
swindling. (―who shall wrongfully take it from
its lawful possessor‖)
- Case: There was one person working in a pawnshop.
The things pawned in such pawnshop were at the
same time pawned by her in other pawnshop. One
time she asked her friend who was working in the
other pawnshop to get/borrow the same thing
pawned by her because they were auditing. She did
not return the thing anymore. That is other forms of
swindling.
4. Any person who, to the prejudice of another, shall execute
any fictitious contract.
- Such as a fictitious contract to defraud creditors.
- You owe someone money. In order for you to protect
your properties from attachment, you mortgaged
your properties to other persons when in fact it was
fictitious because there was no consideration. That is
other forms of swindling.
- But if not fictitious because you really mortgaged it to
third person, that would be fraudulent insolvency
under Article 314.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
5. Any person who shall accept any compensation given him
under the belief that it was in payment of services rendered or
labor performed by him, when in fact he did not actually
perform such services or labor.
- You received your salary when in fact you did not go
to work. That would be other forms of swindling.
- But if you are working in the government and you
only go to work during the 15th and 30th, you submit a
DTR, what is the crime committed?
 That would be FALSIFICATION. ESTAFA
through FALSIFICATION because your DTR
is a public document.
 That would not be malversation because you
are not the custodian.
 You could also be charged with violation of
ANTI-GRAFT because you caused damage
to the government, undue injury to the
government. You would be liable under para
e, causing undue injury to the government.
6. Any person who, while being a surety in a bond given in a
criminal or civil action, without express authority from the
court or before the cancellation of his bond or before being
relieved from the obligation contracted by him, shall sell,
mortgage, or, in any other manner, encumber the real property
or properties with which he guaranteed the fulfillment of such
obligation.
- You are familiar with property bond. When you sell
the property without asking permission from the
court, that would be other forms of swindling.
ARTICLE 317. Swindling a Minor
Any person who taking advantage of the inexperience or
emotions or feelings of a minor, to his detriment, shall
induce him to assume any obligation or to give any release or
execute a transfer of any property right in consideration of
some loan of money, credit or other personal property
 If there is a loan on a minor for P500 and he was
paid only 200 since he is in need of money for
shabu, that is swindling a minor
ARTICLE 318. Other Deceits
The penalty of arresto mayor and a fine of not less than the
amount of the damage caused and not more than twice such
amount shall be imposed upon any person who shall
defraud or damage another by any other deceit not mentioned
in the preceding articles of this chapter.
- Other forms of swindling and other deceits are different
from each other
- This is a catch all provision; If it does not fall under
315,316, and 317 then it is under 318
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- If mamukong ka sakyanan then it is other deceits
- If there is a person who goes in as a helper then she
asked for an advance and then won't push though
then it is other deceits
- Included here are interpreter of dreams or fortune
tellers for profit
Any person who, for profit or gain, shall interpret dreams,
make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner.
- A person asks for money to determine what your
dreams really meant.
- There is a patron saint in your house and use it as a
means to fool the public.
- Any other deceit not included is under this article.
ARTICLE 319. Removal, Sale, or Pledge of Mortgaged
Property
Par. 1 - Any person who shall knowingly remove any
personal property mortgaged under the Chattel Mortgage
Law to any province or city other than the one in which it
was located at the time of the execution of the mortgage,
without the written consent of the mortgagee, or his
executors, administrators or assigns.
- The personal property is mortgaged under the chattel
mortgage law
- The personal property may be a car, and the mortgage
is registered under the RD
PLEDGE MORTGAGE
Delivered to the creditor. E.g. Possession of the property
jewelry remains with the debtor
- Under par. 1, the personal property is removed or
transferred to another place. It constitutes a criminal
act.
- It does not mean a mortgage property cannot be sold,
but there must be consent of the creditor
Par. 2 - Any mortgagor who shall sell or pledge personal
property already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the consent of
the mortgagee written on the back of the mortgage and noted
on the record hereof in the office of the Register of Deeds of
the province where such property is located.
- Personal property subject to pledge
- If a pledged item is sold without the consent of the
pledgee then it will constitute a criminal act under par. 2
ARSON
2 laws applicable to arson:
1. PD 1613
2. ARTICLE 320 of the RPC
321-326 are no longer effective. They are repealed
- Destruction of property by the use of fire
- Setting fire to the property of another
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Two types of arson:
1. Simple arson
2. Destructive arson (par. 2)
Section 2. Destructive Arson PD 1613
- Any building is set on fire and the building is situated
in a congested area
- A person may be liable for burning his own property if
it gives rise to danger to other person's life or property
- If he set fire to his own property in a secluded place
then he is not liable for arson.
Can personal property be subject to arson?
- Some say no
- But in the definition of arson says any person who
burns or sets fire to the property of another shall be
liable for arson. The law does not distinguish whether
it is personal or real property
- If a car is set on fire then it can be arson
In a 2004 bar exam
- An attaché case with personal property was burned, the
suggested answer was arson, not malicious mischief
- Some authors believe that the burning of personal
property would only constitute malicious mischief
- There are personal properties where it is destructive
arson, under PD 1613 under paragraph 4.
Any train, airplane or any aircraft, vessel or watercraft, or
conveyance for transpiration of persons or property.
- Trains, vessel or watercraft such as pump boats
are personal property but are still under
destructive arson
Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation of
law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.
- If you burn a building to claim insurance
People vs. Malngan
- Look at the purpose of burning
 If the purpose is to kill then it is murder
 If the purpose is to destroy the building then it is
arson even if a person is killed
o There is no arson with homicide
 If the building is burned to hide the killing then
there are two crimes committed.
- Take note of the instances of destructive arson
- The bar may ask for 5 instances for destructive
arson
- Take note of the definition of arson
- In arson there could be conspiracy to commit
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
arson, one instance where mere conspiracy may be
penalized
- There are also aggravating circumstances in arson
Arson is one crime where you look at the manner of
commission to determine attempted, frustrated or
consummated.
- Look at how the crime is committed
Attempted - The offender is caught while burning materials
but has not yet lighted a match then it is attempted arson.
Frustrated - If he is able to light or set fire to the rags but it was
put off before any part of the building was burned. US vs.
Valdez 39 Phil 240
Consummated - A part of the building is burned even if it is a
just a little.
- Setting fire to the contents of a building constitutes
arson even if no part of the building was burned.
If there are documents burned but does not
include any part of the building then it is still
arson.
Chapter Nine – Malicious Mischief
MALICIOUS MISCHIEF, DEFINED
Is the deliberate or willful damaging of another‘s property for
the sake of causing damage due to hate, revenge or other evil
motive.
Art 327 Who are liable for malicious mischief
ELEMENTS:
1. That the offender deliberately caused damage to the
property of another
2. That such act does not constitute arson or other crimes
involving destruction
3. That the act of damaging another‘s property be committed
merely for the sake of damaging it
THIRD ELEMENT
Presupposes that the offender acted due to hate, revenge or
other evil motive
EXAMPLES
 Your car, parked along the roadside is struck with
stone. – Malicious mischief
 If the side window of your car is struck with stone
and thereafter, took away your car stereo. – Theft
DAMAGING OF PROPERTY MUST NOT RESULT FROM
CRIME
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
The crime of malicious mischief is committed when damage to
property is deliberately done for the purpose of damaging the
property.
If the damage to property is caused or done due to the
commission of another crime, there is no malicious mischief.
The damage to property does not constitute malicious
mischief.
EX: Mr X fired at Y. Y was not hit. What was hit instead was
his car. Can X charged with malicious mischief and attempted
homicide or murder? No because the damage to the car was a
result of the commission of another crime which is attempted
homicide or murder.
IF NO MALICE, ONLY CIVIL LIABILITY
If the damage is done due to or as a result of the commission of
a crime, there is no malicious mischief. But the accused could
be held civilly liable for the damage. That will be part of his
civil liability.
―SHALL DELIBERATELY CAUSE TO THE PROPERTY OF
ANOTHER ANY DAMAGE‖
So in order to constitute malicious mischief, the damage to the
property must be done just for the sole purpose of causing
damage to that property because if the damage to the property
is done or caused as a result of the commission of another
crime, there is no malicious mischief.
EX: You are driving your car recklessly and as a result of your
reckless driving you bumped another car and caused damage
to that car. Are you liable for malicious mischief? No, it was
not deliberately done. You are liable for reckless imprudence
resulting to damage to property.
But suppose you got angry at the driver of the car. The driver
suddenly encroached your lane and you were almost bumped
by the car he is driving because of that you chased the driver
and when you caught up with him you intentionally bumped
his car. What is the crime committed? Malicious mischief
because the causing of the damage is intentional or deliberate.
VANDALISM IF A FORM OF MALICIOUS MISCHIEF
EX: Your car, a brand new Nissan pickup, there is a design
which shows the word ―Calibre‖.The accused when he passed
by, he had a pentel pen with him and added to the word
Calibre ―45‖. What is the crime committed? Malicious
mischief.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

EX: You car is a 4-wheel drive, there is a mark ―4x4‖. The
accused writes ―=16‖. What is the crime committed? Malicious
mischief.
KILLING A PIG IS A FORM OF MALICIOUS MISCHIEF
EX: The lights in the plaza are broken by bystanders. That
is qualified malicious mischief.
PENALTY FOR MALICIOUS MISCHIEF, SAME WITH
ESTAFA

If the offender after causing damage to the property of another
makes use of the fruit of his crime.
EX: What about if after killing the pig, the offender cooks the
pig? That would be theft.
The penalty for malicious mischief is based on the value of the
property damaged. Just like estafa, the value of the damage
must be stated in the information.
Art 329 Other mischiefs

Art 328 Special Cases of Malicious Mischief MALICIOUS MISCHIEF OTHER THAN THOSE
MENTIONED IN ART 327 AND 328
THESE ARE CALLED QUALIFIED MALICIOUS MISCHIEF
Malicious mischief under 327 gives us the definition of
The cases of malicious mischief enumerated in this article are malicious mischief. 328 mention the penalty for qualified
the so-called qualified malicious mischief. malicious mischief.

ANY PERSON WHO: OTHER MISCHIEFS SHOULD NOT BE INCLUDED IN

ARTICLE 328 – BASIS OF PENALTY
1. ―SHALL CAUSE DAMAGE TO OBSTRUCT THE
PERFORMANCE OF PUBLIC FUNCTIONS‖; The penalty depends upon the value of the damage.
EX: You destroyed the amplifier so that there would be no
sound system anymore. That would fall under special cases EX: If your BMW be struck by a bat, the amount for the repair
of malicious mischief because you caused damage to the would be valued at around P10, 000 - 15, 000. The penalty
property of another in order to obstruct or disrupt the would only be arresto mayor in its medium and maximum
performance of public functions. periods.
2. ―USING ANY POISONOUS SUBSTANCE‖;
EX: The servant got angry with her employer decided to Art 330 Damage and obstruction to means of communication
poison the pet dog of her employer. What is the crime
committed? The crime committed is special cases of WHEN A PERSON OR PERSONS ARE KILLED
malicious mischief or qualified malicious mischief. It
carried a higher penalty. The damaging of the railway must be without intent to kill. If it
3. ―USING ANY CORROSIVE SUBSTANCE‖; is done with intent to kill then that is murder.
EX: You are working in a company and you are always
If the damage done to the railway is without intent to kill but
late. So that you wont be late anymore, you put salt into the
the damage eventually caused death of a person it may cause a
bandiclock so that it would not work anymore and be
complex crime. The crime is damage to the railway or means of
destroyed and you would not be able to use it. The crime
communication with homicide.
committed is qualified malicious mischief.
4. ―SPREADING ANY INFECTION OR CONTAGION Art 331 Destroying or damaging statues, public monuments,
AMONG CATTLE‖;or
or painting
5. ―CAUSING DAMAGE TO THE PROPERTY OF THE
NATIONAL MUSEUM OR NATIONAL LIBRARY, OR TO
Chapter Ten – Exemption from Criminal Liability in Crimes
AN ARCHIVE OR REGISTRY, WATERWORKS, ROAD,
PROMENADE, OR ANY OTHER THING USED IN Against Property
COMMON BY THE PUBLIC‖
EX: There was a visitor of a National Museum, she was not Art 332 Persons exempt from criminal liability
careful so she broke a vase while inside the museum. The
ANOTHER EXEMPTING CIRCUMSTANCE
caretaker told her that the vase was a 500-year-old vase.
She cannot be held liable for malicious mischief because it The enumeration in Art 12, exempting circumstances is not
was not done intentionally but only reckless imprudence exclusive. There are other exempting circumstances in the
resulting to damage to property.

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
different articles of the Revised Penal Code. One of this is
under Art 332.
CRIMES INVOLVED IN THE EXEMPTION
1. Theft
2. Swindling (Estafa)
3. Malicious mischief
PERSONS EXMEPTED FROM CRIMINAL LIABILITY
1. Spouses, ascendants and descendants, or relatives by
affinity in the same line;
2. The widowed spouse with respect to the property which
belonged to the deceased spouse before same passed into
the possession of another;
3. Brothers and sisters and brothers-in-law and sisters-in-law,
if living together.
THERE IS ONLY CIVIL LIABILITY
No criminal, but only civil liability shall result from the
commission of the crime of theft, swindling, or malicious
mischief, committed or caused mutually by those persons.
EFFECT OF DEATH ON RELATIONSHIP BY AFFINITY AS
ABSOLUTORY CAUSE
Relationship by affinity created between the surviving spouse
and the blood relatives of the deceased spouse survives the
death of either party to the marriage whichcreated the affinity.
(Intestate Estate of Manolita Gonzales Vda. De CarungcongvsPp,
GR 181409, February 11, 2010)
Even if the husband or the wife is already dead, relationship
by affinity still exists.
THE WIDOWED SPOUSE WHO COMMITS THEFT, ESTAFA,
OR MALICIOUS MISCHIEF WITH RESPECT TO PROPERTY
OF THE DECEASED
To be exempt from criminal liability, it is required that
1. The property belongs to the deceased spouse; and
2. It has not passed into the possession of a third person
―COMMITTED OR CAUSED MUTUALLY‖
EX: D was indebted to F. S, the son of F, without the
knowledge or consent of the latter, went to D and falsely
represented to him that F sent him to collect. Believing the
statement of S, D gave him the payment. What is the crime
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
committed by S? That is estafa, pretending to be an agent of his
father when in fact she is not. Is he liable? No because the
victim is not his father.
Art 332 is applicable only when he offender and the offended
party are relatives and their relationship is any of those
mentioned in said article.
THE EXEMPTION DOES NOT INCLUDE ROBBERY
If the crime committed would constitute robbery, the provision
of Art 332 does not apply because Art 332 the exemption is
only applicable to any of the crimes mentioned in this article.
BROTHERS AND SISTERS, AND BROTHERS-IN-LAW AND
SISTERS-IN-LAW MUST BE LIVING TOGETHER AT THE
TIME OF THE COMMISSION OF ANY OF THE CRIMES OF
THEFT, ESTAFA, OR MALICIOUS MISCHIEF
EX: When you addict brother would still your cellphone and
sells it. What is the crime committed? Theft. But is he liable?
No.
In exempting circumstance, there is a crime committed but
only that the offender is not punished. The offender is required
to face civil liability but not imposed any criminal liability
because he is exempt.
Condition: Should be living together.
If they are living separately then the exemption will not apply.
Or if the crime is committed is robbery, there is no exemption
because the exemption only extends to the crime of theft,
swindling, or malicious mischief.
THIS ARTICLE DOES NOT APPLY TO STRANGERS WHO
PARTICIPATES IN THE COMMISSION OF THE CRIME
Strangers who participate in the commission of the crime are
not exempt from criminal liability. They are not covered by the
exemption. They are liable.
ART 332 APLIES TO COMMON LAW SPOUSES,
STEPFATHER, ADOPTED FATHER, ILLEGITIMATE
CHILDREN, CONCUBINE, PARAMOUR, ADOPTED CHILD
EX: If you are living with someone who is married, they can
steal from you or you can seal from you (vice-versa) and you
are exempt from criminal liability.
TITLE XI: CRIMES AGAINST CHASTITY
- These are otherwise known as private crimes.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Private crimes because they cannot be filed in court
unless the offended parties themselves execute the
affidavit or sign the complaint. They cannot be filed
de oficio. They cannot be filed by any other person.
- This is because the law respects their right to privacy.
They may prefer to just suffer in silence.
Article 333 Adultery
Elements:
1. The woman is married
2. She has sexual intercourse with a man not her
husband
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
- Example: You‘re a married woman, you look for a
callboy and go to queensland. You can be charged of
adultery because the moment you have sexual
intercourse with a man other than your husband, you
commit this crime.
LIABILITY OF THE MAN
- Q: What about the man? Can he be held liable for
adultery? A: YES. If he knows that the woman he had
sexual intercourse with is a married woman. It must
be alleged in the information that the man knows that
the woman is married.
Note that knowledge is a mental activity. You have
to prove that indeed he knows you are married. (For
example if you are colleagues or officemates, most
likely you know that she‘s married. But if you just
met for the first time probably you can be exempt
from liability)
- The fact that he did not know that the woman is
married is just a matter of defense because it is
required in adultery that the two must be charged.
- It is very easy to prove adultery. If you get pregnant
while your husband is away (ie. an OFW), that would
be adultery.
THE FOLLOWING ARE NOT DEFENSES IN ADULTERY:
The marriage is subsequently declared void.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
The fact that the woman was abandoned by her
husband without justification.- This is only a special
mitigating circumstance (meaning, one degree lower).
- Thus if the husband left for work abroad, the wife is
liable for adultery without any mitigating
circumstance because the abandonment was
temporary and with justification.
- Case: Estrada vs Escritor 492 SCRA 1
The woman here, a court stenographer is married. She
is separated with her husband. Now she found
another man, the man was also married and was
likewise separated. The woman was administratively
charged with immorality and so she interposed the
defense of religion as the same was allowed in
Jehovah’s witness.
SC absolved the woman on the ground that their
relationship was approved by their religion. Take
note that the case filed was only administrative, not
criminal. There‘s no jurisprudence yet relating to a
criminal case acquitting an accused for adultery on
the ground of religion.
NOTE: In adultery and concubinage, both the wife or the
husband as the case may be, and the paramour or concubine
shall be jointly charged.
 Kabit of the woman- paramour
 Kabit of the man- concubine
- Q: Suppose the man is also married and both of them
knows that they are both married. What crime or
crimes are committed? Aside from adultery, they can
also be held liable for concubinage. Both of them.
REMEMBER:
- ADULTERY IS NOT A CONTINUING OFFENSE.
Each act of sexual intercourse constitutes one crime of
adultery.
- CARNAL KNOWLEDGE CAN BE PROVED BY
CIRCUMSTANTIAL EVIDENCE. Example: It can be
proved by the fact that the woman is now pregnant;
Love letters; text messages; testimony of witnesses
that the two accused were seen together in one room.
- IF THE OFFENDED HUSBAND, AFTER KNOWING
THE UNFAITHFULNESS OF HIS WIFE WOULD
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
HAVE SEXUAL INTERCOURSE WITH HER, that
would be considered as implied pardon.
CONSENT PARDON
Given before the act Given after the act
- AGREEMENT TO SEPARATE. While the agreement
is void in law, it is nevertheless competent evidence
to explain the husband‘s inaction after he knew of his
wife‘s living with her co- accused. He may be
considered as having consented to the infidelity of the
wife which bars him from instituting the criminal
complaint.
Article 334 Concubinage
Elements:
1. The man must be married
2. He committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife
c. Cohabiting with her in any other place.
3. That as regards the woman, she must know him to be
married.
- Example: Suppose the husband goes to Kamagayan
and would have sexual intercourse with a sexual
worker of queensland, can he be held liable for
concubinage? A: NO. That is the discrepancy of this
law. Concubinage is not committed by mere having
sexual intercourse with a woman.
―Having sexual intercourse under scandalous
circumstances with a woman who is not his wife‖
- Cannot be translated literally.
- SC: Having sexual intercourse under scandalous
circumstance means keeping a mistress elsewhere
and commits acts which are highly reprehensible or
acts that are offensive to public conscience.
- Example: they appear together in public while holding
hands.
―Cohabiting with her in any other place‖
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- This means that the man shall sleep with the woman
in another place. If you just rent an apartment or a
townhouse for her but you do not sleep there let‘s say
for a week, a month or a year, there‘s no concubinage.
The ratio of the framers why it is harder to prove concubinage
than adultery is that, {at the time when the RPC was enacted)
the woman is the only person who can determine who the
father of her child is. While the man cannot be so sure that he
is the father of her wife‘s child. Now we already have DNA
testing that is why these provisions are included in the
proposed amendments of the RPC.
―Mistress‖
- The woman must be taken in as a concubine.
- In one case, the woman was brought to the conjugal
dwelling because she was treated as an adopted
daughter. SC: She is not considered a mistress. It is
necessary that the woman is taken by the accused into
the conjugal dwelling as a concubine. People vs Hilao
52 OG 904
Article 336. Acts of lasciviousness
- What do you mean by lasciviousness/lewdness?
- Refers to obscene lustful, indecent or lecherous act
carried on a wanton manner; People vs Dominguez
Notes:
- -Any person who shall commit any acts of
lasciviousness upon other persons of either sex shall
be liable for acts of lasciviousness.
- -in this article, there is no sexual intercourse or intent
to rape, because the circumstances therein are the
same in acts of lasciviousness (force/threat/deprived
of reason etc.).
- -Now take note that there is just a minimal difference
between acts of lasciviousness and attempted rape,
the only difference is that in the latter, there is intent
to have sexual intercourse with the victim as held in
People vs Cruz g.r. no. 166441.
- -An example of this article is the touching of the
private parts of a woman. Or kissing and touching the
breast of the woman. However if these acts are done
in PUBLIC or in PUBLIC VIEW, it would only be
considered as UNJUST VEXATION; the doing of
these acts in public or in public view would
eliminate/negate lewd designs, hence the acts would
only constitute unjust vexation.
- -For example a woman is sleeping, and you touched
her private parts, then that would constitute acts of
lasciviousness. However if you undress her, and tried
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
to mount on top, then that would constitute
attempted rape.
Article 337. Qualified Seduction
- Seduction – refers to the act of enticing a woman to
an unlawful sexual intercourse; it presupposes sexual
intercourse, hence there is no seduction if there is no
sexual intercourse; may be done through promise to
marry or other means persuasion without use of force
There are 2 kinds of seduction:
1. Qualified seduction
2. Simple seduction
Notes:
- How is qualified seduction committed? The seduction
of a virgin over 12years old (if below 12 then that
would be rape) and under 18, committed by any
person in public authority, priest, house servant,
teacher or any person in any capacity who is
entrusted with the education or custody of a woman
seduced, so the accused here is liable for qualified
seduction.
- -So can a law professor be liable for qualified
seduction? No, first you are no longer 18, second you
are no longer a virgin. However the word virgin here
does not mean physical virginity, but refers to good
reputation.
- -Can a parent or a relative commit seduction? Yes.
The penalty would be higher if the victim is his
sister/descendant, here age is immaterial. WON the
woman is of good reputation if the victim is his
sister/daughter.
- -Can a female teacher charge with seduction? No.
because the victim must be a woman.
- -How about in adultery? How about the paramour is
with the same sex? Is there adultery? No, since sexual
intercourse presupposes that it is committed between
a man and a woman.
- - Also seduction presupposes that the sexual
intercourse is with the consent of the victim, although
the same was obtained thru deceit or influence. Cuz if
the sexual intercourse was done through force,
intimidation or threat, then it would constitute rape,
otherwise it would only be simple seduction.
- -Deceit here takes form in an unfulfilled promise of
marriage; such promise must be done prior to the
sexual intercourse
- -suppose the sexual intercourse was done without
any enticement or influence with the minor? Then
there can be no seduction or child abuse; People
vsOlayon (see this case, judge said it is very
controversial)
- Promise of marriage made by a married man is not
considered a deceit
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Article 339. Acts of lasciviousness with the consent of the
offended party
-This is quite similar to seduction;
-Under this article, it is any other acts of
lasciviousness committed by the same person under
the same circumstances as those provided in 337 and
338.
- This is seduction without sexual intercourse
Article 340. Corruption of Minors
-This also known as ―pimping‖
- Corruption means to satisfy the lust of another
-Any person who shall promote or facilitate the
prostitute/corruption of minors for the lust of another
-Connect this to RA 9208, or the human trafficking
law. If the victim of trafficking is a minor, then the
same is qualified.
White slave trade – any person, who in any manner
or under any pretext, shall engage in the business of
prostitution and profit from the same. What‘s the
difference with corruption with minors? The victims
are minors, either male/female.
Art. 342. Forcible abduction. — The abduction of any woman
against her will and with lewd designs shall be punished by
reclusion temporal.
The same penalty shall be imposed in every case, if the
female abducted be under twelve years of age.
Elements:
1. That the person abducted is any woman, regardless of
her age, civil status or reputation.
2. That the abduction is against her will
3. That the abduction is with lewd designs.
The taking away of a woman with lewd design.
Kidnapping and Serious Forcible Abduction
Illegal Detention
- taking is without lewd - taking is with with lewd
design design
- penalty: Reclusion Perpetua - penalty: Reclusion Temporal
- TN victim here may be a - victim is always a woman
woman
Lewd design is a mental activity
o Case: The accused took away the accused with lewd
design because while inside the car, the accused
kissed and embraced the victim and often attempted
to take hold of her body.
Forcible Abduction with Rape
- This is a complex crime under Art 48
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Although taking is motivated with lewd design,
having sexual intercourse with the victim is not
necessary. Sexual intercourse is not absorbed
- If there is more than 1 rape, the accused could be
liable for separate rapes.
- Ex: Victim was raped 5x. Only 1 rape will make a
complex crime of Forcible Abduction with Rape. The
rest of the 4 rape incidents are treated as separate
crimes.
- TN: if the MAIN PURPOSE IS TO RAPE, then the
crime is RAPE. Forcible abduction is absorbed (Pp vs
San Pedro, Pp v Toledo 83 Phil 777)
 If the victim of the taking away with lewd design is a
minor below 12 yrs old, the crime is still FORCIBLE
ABDUCTION.
 Can a husband be held liable for forcible abduction? For
example a couple broke up and the husband really wanted
that they get back together. Is there forcible abduction?
- No, because there is no lewd design. The crime may
be Grave Coercion.
Art. 343. Consented abduction. — The abduction of a virgin
over twelve years and under eighteen years of age, carried
out with her consent and with lewd designs, shall be
punished by the penalty of prisioncorreccional in its
minimum and medium periods.
Elements:
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age
3. That the taking away of the offended party must be
WITH HER CONSENT after solicitation or cajolery
from the offender
4. That the taking away of the offended party must be
with lewd designs.
Cajolery – enticement; coaxing or flattery intended to persuade
someone to do something.
TN! Crimes where VIRGINITY is an element:
1. Qualified Seduction
2. Consented Abduction
 The abduction here is with the consent of the victim, but
with enticement or cajolery or solicitation.
 This crime presupposes the accused enticing a minor to
elope with him
Bar Question:
Kim, 16 years old went home late one evening. Her mother
scolded her. Kim went out of their house and went to her
boyfriend‘s house Tristan. Tristan‘s mother tried her best to
send Kim home but the latter refused. That night, Kim slept in
Tristan‘s room and they had sexual intercourse. Kim‘s mother
filed a case of consented abduction against Tristan. Will the
case prosper?
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Answer: No. Kim was not taken away from her house. There
was no solicitation, enticement or cajolery.
 The purpose of this law is not to punish the wrong done to
the girl because she consents thereto, but to prescribe
punishment for the disgrace to her family and the alarm
caused therein by the disappearance of the one who, is by
her age and sex, susceptible to cajolery and deceit. (US v
Reyes)
Art. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape and acts of lasciviousness.
 Private crimes cannot be filed in court except upon
complaint of the offended party.
 In cases of seduction, abduction, rape or acts of
lasciviousness – this presupposes that the victim is a
minor, the crime could be filed through a complaint
signed by the offended party, her parents, grandparents,
guardians.
 In adultery and concubinage, this could only be filed with
the offended spouse.
 This is in an information or criminal complaint,
signed by the offended party himself or herself.
 Adultery – complaint signed by the offended
husband
 Concubinage – complaint signed by the offended
wife
 If it is filed in court thru an information, that
would be dismissed on the ground of lack of
jurisdiction.
 If the offended party has consented or pardoned the act,
the case would be dismissed.
o Pardon is extended after the commission of the act
but before the filing of the case in court because
once the case is filed in court, that cannot be
dismissed by mere pardon of the offended party.
 In seduction, abduction, acts of lasciviousness or rape,
(SARAL) the marriage of the offender with the offended
party shall extinguish the criminal action and the penalty.
- this provision shall also apply to co-principals,
accomplices and their accessories
- this shall not apply to gang rape. (where there are
several accused and all of them raped the victim)
Art. 345. Civil liability of persons guilty of crimes against
chastity.
1. Indemnification
2. Acknowledge the offspring (unless the law says not
to)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
3. Support of the offspring
 In seduction, abduction or rape – there is sexual
intercourse, so the civil liability of the offender would
consist of indemnification.
 In simple rape – P50,000 as indemnity + automatic
P50,000 as moral damages
 Qualified rape – P100,000 as indemnification
Art. 346. Liability of ascendants, guardians, teachers, or other
persons entrusted with the custody of the offended party.
- punished as principals although they are considered as
accomplices.
Article 347: Simulation of Births, Substitution of One Child
for Another and Concealment or Abandonment of a Legitimate
Child
(A) Simulation of Births
– Example, a childless couple registered the baby
as their own, when in fact it was the child of their
helper
(B) Substitution of One Child for Another
– Example, ―Mara-Clara‖
– Or placing a live child of a woman in place of a
dead one of another woman
(C) Concealment or Abandonment of a Legitimate Child
– Example, parents leave their child at the
doorsteps of the church in order for the child not
to inherit from the family
Art. 348. Usurpation of civil status
Any person who shall usurp the civil status of
another, should he do so for the purpose of defrauding the
offended part or his heirs
– For example, a well-off person died. The offender
introduced himself as an illegitimate child of the
deceased, when in fact he is not.
Art. 349. Bigamy
Any person who shall contract a second or
subsequent marriage before the former marriage has been
legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment
rendered in the proper proceedings
– Presupposed two (2) marriages
Elements
(a) Offender has been legally married
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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(b) That he contracted a second marriage
(c) First marriage has not yet been legally dissolved or
in case his or her spouse is absent, the absent spouse
could not yet be presumed dead under the Civil
Code
(d) The second marriage must have all the requisites of a
valid marriage except for the fact that it is bigamous
Affidavit of Cohabitation
– Take the place of a valid marriage license
(Review on the essential and formal requisites of a valid marriage)
If the first marriage is void
– The fact that the first marriage is void is not a defense
in bigamy
– There must be a judicial declaration of the nullity of
the first marriage
– There can be no prejudicial question. Even if there is a
pending case for the declaration of the nullity of
marriage, there can be bigamy, for so long as there
has been no judicial declaration of the first marriage
Liability of the second spouse
– He is liable for bigamy as an ―accomplice‖ provided
that there was knowledge of the first marriage
– PP vs Santiago, July 15, 2015
Can the parties be held liable for adultery or concubinage,
aside from bigamy?
– YES, if the requisites of adultery and concubinage are
present, they may be held liable
Who can be the private complainant?
– Not necessarily the first spouse, it could be the second
spouse
– Tenebro vs. CA, GR No. 150758, Feb. 18, 2004
Sulu Islamic Association vs Malik, 226 SCRA 193
PP vs Capili, GR No. 183805, 2013
PP vs Morrego, GR No. 145226, Feb. 6, 2004
– Accused married twice. Why was he absolved? You
read the case!
PP vs Jarillo, Sept. 29, 2009
– Prescription of the crime of bigamy
Art. 350. Marriage contracted against provisions of laws
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
– The offender contracted a marriage and he knew at
the time he contracted the marriage that the
requirements were not complied with or that there
was legal impediment to the marriage
Art. 351. Premature marriages
– Already repealed by RA 10655
Art. 352. Performance of illegal marriage ceremony
Who can be held liable?
– The solemnizing officer
– He must be authorized to solemnize marriage
– He was aware that the requisites for a valid marriage
were not complied with
If the person who solemnized is not authorized
– He could be held liable for usurpation of official
functions
July 7, 2016
Part 23
Concubinage
One of the means of committing concubinage is by having
sexual intercourse under scandalous circumstances.
US vs Rueda - Wife in order to find a way to catch her
husband together with his mistress employed private
detectives. SC said there is no scandalous circumstance. The
fact that the offended party has to hire private detectives or
spies in order to catch her husband is a proof that there is no
scandalous circumstance.
Bigamy
When the nullity of the first marriage is questioned, there
could never be a prejudicial question. But if the validity of the
2nd marriage is questioned, there could be prejudicial question
because one of the requisites of bigamy is that the 2nd marriage
must have all the requisites of a valid marriage.
Art. 352. Performance of illegal marriage ceremony.
- This refers to crime committed by solemnizing
officers who solemnize any illegal marriage
ceremonies.
- When the requirements set forth by law are not
complied with, knowing that the requirements are not
complied with, and yet the solemnizing officer
solemnizes the marriage, he could be held liable for
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solemnizing illegal marriage ceremony on
performance of illegal marriage.
Ronulovs People, July 2, 2014 – SC said that While Article 352
of the RPC, as amended, does not specifically define a
―marriage ceremony‖ and what constitutes its ―illegal‖
performance, Articles 3(3) and 6 of the Family Code are clear
on these matters… Even prior to the date of the enactment of
Article 352 of the RPC, the rule was clear that no prescribed
form of religious rite for the solemnization of the marriage is
required. However, the law sets the minimum requirements
constituting a marriage ceremony: first, there should be the
personal appearance of the contracting parties before a
solemnizing officer; and second, their declaration in the
presence of not less than two witnesses that they take each
other as husband and wife.
Article 353 - Definition of libel
- Article 353 gives us the definition of defamation.
- Libel is a form of defamation.
- Although Art 353 states definition of libel, it is not
only applicable to libel. It is applicable to all forms of
defamation.
Forms of defamation:
- Libel if defamation is done through writing, painting,
etc.
- Defamation done orally
- Or by deed, slander by deed
Defamation – is a public and malicious imputation of a crime,
or of a vice or defect, real or imaginary, or any act, omission,
condition, status, or circumstance tending to cause the
dishonor, discredit, or contempt of a natural or juridical
person, or to blacken the memory of one who is dead
The offended party of the defamation, libel, oral, it could be a
natural, juridical or a dead person.
Defamation:
a) there should be an imputation of a crime.
Ex: You are called a drug lord. There is an imputation that you
are selling drugs.
Ex: You are called a thief. There is an imputation that you steal
properties.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Ex: You are called a corrupt. The crime of being a thief or being
corrupt is imputed to you.
Ex: You are a killer. There is an imputation of the crime of
murder or homicide.
Ex: You are called a drug addict. Is using drug a crime? Yes.
That is penalized under sec15 or RA 9165.
Ex: ―Burikatka!‖ The crime of prostitution is imputed to you.
Ex: You are a mistress. The crime imputed is concubinage.
b) imputation of a vice or defect
Ex: That person is a drunkard. It is not a crime but it is a vice.
Ex: ―Boangka!‖ is an imputation of mental illness or defect.
c) Imputation of any act, omission, condition, status, or
circumstance.
- tending to cause the dishonor, discredit, or contempt of a
natural or juridical person,
Ex: That person is always borrowing money. It is not a crime
or a vice but an omission.
Ex: That person is gay (even if that person is a straight guy).
The person is a son of a smuggler or a drug lord. It is not a
crime but a condition or circumstance.
A corporation can file for libel even if without feelings – it has
a good will (reputation).
Elements:
1. There must be an imputation of a crime.
2. The imputation must be made publicly.
- Publication means that it is being heard or known to by a
3rd person.
- Ex: A person was called thief. If somebody heard it even if
he‘s the only one who heard it, that is publication. There is
now imputation and publication.
- This is what we call Element of Publicity.
- If you were called in the office of your employer. There
was no other person around except the 2 of you. You were
called a thief. There is no defamation because there was no
publication. What crime could have been committed? It
could be unjust vexation.
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- For example, a letter was sent and the envelope was
sealed. The letter contains defamatory contents. No libel
because the envelope is sealed.
 If it was opened, there could still be no libel if the
same was sent to the addressee.
 But if you sent it to a middleman or a messenger,
there could be libel. Why? Because the person
could read the letter.
- Without publication, defamation will not prosper.
3. That it must be malicious.
- There must be malice or ill-will or intent to injure the
reputation of offended party.
- Malice is presumed. The moment it is established that the
words uttered are defamatory, malice is presumed. This is
MALICE IN LAW.
Malice is not presumed in the following instances:
a) When the communication is considered privileged.
Ex: those speeches delivered by members of congress, no
matter how defamatory, the congressman who delivered the
defamatory speech cannot be charged with libel or oral
defamation. That is absolutely privileged.
2 kinds of privileged communication:
a) Absolute privileged communication
b) Qualified privileged communication – Art 354:
i. A private communication made by any
person to another in the performance of any
legal, moral or social duty;
ii. A fair and true report, made in good faith,
without any comments or remarks, of any
judicial, legislative or other official
proceedings which are not of confidential
nature, or of any statement, report or speech
delivered in said proceedings, or of any
other act performed by public officers in the
exercise of their functions; and
iii. Fair comments on the acts and conducts of
public officials or persons considered as
public figures.
Does it mean that when the communication is privileged, the
offender could no longer be held criminally liable?
- As regards absolute privileged communication, the
congressman or senator who made such speech
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
cannot be held criminally liable. The congress has the
sole power of disciplining such congressman or
senator. No criminal liability.
- As regards qualified privileged communication, the
offender could be held criminally liable for any
slanderous statements considering that malice is not
anymore presumed. The prosecution has to present proof
or evidence of actual malice on the part of the offender.
This is ACTUAL MALICE OR MALICE IN FACT.
Considering that malice is presumed the moment the offender
utters defamatory words, the prosecution is not required to
present evidence to establish malice. This is the same with
presumption of innocence. But the moment the presumption is
gone/lost, he has to prove such evidence establishing malice.
What is the possible evidence to establish actual malice? Or
the accused has ill-will or ill motive?
- Proof of ill-will or actual malice or malice in fact:
a) The parties at the time the offender uttered
or wrote the slanderous statement already
have strained relations between them or
prior to the utterance of the slanderous
statement.
b) Knowledge of falsity of the statement.
- Ex: You wrote in your facebook (internet libel) that a
person was charged with rape. You knew that the
charge was already dismissed but you intentionally
withheld the information that it was already
dismissed just to dishonour that person.
c) There were no efforts exerted to verify the
veracity of the information
- Ex: You are a commentator. Somebody told you that
such person was charged with anti-graft and you did
not exert efforts to verify if it is true or not and you
just reported it in the radio or tv or wrote an article
about it.
- Even if it is a comment on the act or conduct of public
officials, the accused can be convicted of libel because
of ill-will or actual malice. Why? because there were
no efforts to verify the information received whether
it is true or not.
d) Undue publicity
- Ex:You filed a violation of anti-graft or rape against a
particular person. You are exercising your duty. But
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there could be libel there if there is undue publicity.
Such as calling for a press conference.
- Ex: You have a complaint against the principal. But
you published it to let the whole world know about it,
then that is undue publicity. It must be personally
directed to the principal.
4. The imputation must be directed against a natural or
juridical person or one that is dead.
- In other words, the offended party must be
identifiable.
- Ex: Some of the employees of the BIR are corrupt. It is
not defamatory because the offended party cannot be
identified.
- If not named but there are descriptions. Ex: Mayor of
a certain town in the south selling ampao. It is
identifiable; Such as, ―our incumbent mayor‖.
- A corporation can file for libel even if without feelings
– it has a good will (reputation).
5. The imputation must tend to cause the dishonor,
discredit of the person defamed.
- Naturally if the words are defamatory.
Reversing the Statement
- Ex. ―Pagka-bright judnya‖ [sarcastic]
- Ex. ―Pagka-tarungjudaningasawanimo‖ [sarcastic]
- Still libellous. Where the comments are insincere and
intended to ridicule rather than to praise the plaintiff,
the publication is libellous.
- Praise underserved is libel in disguise.
- Includes those intended for humor, when the
language used passed from the bound of playful gist.
Take note:
The meaning of the writer is immaterial. It is not the intention
of the writer or speaker or understanding of the plaintiff by
which the actionable quality of words is to be determined but
the meaning by which the words in fact convey on the minds
of the persons of reasonable understanding, discretion or
candor.
The accused need not be the author of the defamatory
statement. There are instances when the author can be the
offended person himself.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
US vsEguia, 38 Phil 857: A woman was writing pervert (igat2)
letter to a guy. When they broke up, the guy published the
letter. Is there libel? YES. The accused need not be the author
of the defamatory imputation. There can be libel even if
theoffended party is the author herselfthat is the married
woman who wrote the love letters which the accused
maliciously published.
Take note of the meaning of defamation or libel. It came out in
the BAR several times.
What about if in one statement or in an utterance, there are
several offended parties? How many cases will be filed?
- There are as many offenses as there were persons
defamed. (Ppvs Del Rosario, April 20, 1950)
Article 354. Requirement for publicity
- Every dafamatory statement is presumed to be with
malice
- If you were called a prostitute and it is in fact true.
Libellous?
 YES. Every defamatory imputation is
presumed to be malicious, even if it be true,
if no good intention and justifiable motive
for making it is shown.
2 kinds of qualified privileged communication:
1. A private communication made by any person to
another in the performance of any legal, moral or
social duty.
- Ex: A police officer tasked to conduct investigation on
whether it is true that a person is a drug lord. It was
found out that the reports and evidence would point
that he is a drug lord. Libellous? No. that is a
communication made in the performance of a legal
duty.
- Ex: Your parish priest is a drunkard. You wrote the
cardinal to transfer the parish priest in another parish.
Your communication sent to the cardinal, is there
publicity? YES. Is there imputation of a vice? YES. But
that is a qualified privileged communication because
it was made in the performance of a moral or social
duty.
- The word ―private‖ in the provision is not actually
limited to private communication.That may also
include public communication. So even a public
communication is a privilege communication.
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2. A fair and true report, made in good faith, without
any comments or remarks, of any judicial, legislative
or other official proceedings which are not of
confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other
act performed by public officers in the exercise of their
functions.
When filing a case in the prosecutor‘s office but in fact it was
false:
 Liable for perjury because that is under oath
Libel
 When making a statement not under oath
 Making a false statement to the media
 Even a text message is libellous
Oral Defamation
 Making false statement to other persons
2. A fair and true report, made in good faith, without any
comments or remarks, of any judicial, legislative or
other official proceedings which are not of
confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any
other act performed by public officers in the
exercise of their functions.
a. There is a girl who filed a case for rape in the
prosecutor‘s office but in truth it was false.
- She could be held liable for perjury
 The reporters there in the court cannot be
charged with perjury because it was a fair and
true report made in good faith. It was just a
statement of fact there is no addition or
omission of facts.
 it is a qualified or conditional
Requisites
1. That it is a fair and true report of a judicial, legislative,
or other official proceedings which are not of
confidential nature, or of a statement, report or speech
delivered in said proceedings, or of any other act
performed by a public officer in the exercise of his
functions;
2. Made in good faith
3. Without any comments or remarks
- If there is only a statement of fact without any
comment or remark is under the privilege
- If President Duterte names the people involved in
drugs in his speech and a reporter reports it in the
news, the reporter will not be liable because it is
only a fair and true report of what transpired if
there is no comment or remarks to the
information.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The president is not liable in this case because he
is immune from suit
Commentaries or Columnists
- They are found in jurisprudence
- Fair comment of the conduct or acts of public
officers. Borhal vs. CA 301 SCRA 1
- Doctrine of Fair Comment
- 3 conditional privileged communication already
Public Officer
- Government employee
- If a radio commentator would comment on the
conduct or acts of a public officer, it is a qualified
privileged communication
- Malice is not presumed
- If the commentary is libellous, the commentator
can still be convicted if there is proof of ill
will/actual malice/ malice in fact
Private person who is considered as a public figure or celebrity
- Can be subjected to fair comment
- Kris Aquino can still be commented on because
she is a public figure or celebrity
- Guinguing vs. CA 471 SCRA 196
- Comment must be on the conduct or act not on the
private person
- If the private life is commented then it is not
included under the privileged communication.
The problem is when the private life affects the
duty, then it will be included in the privileged
communication
If the communication is absolute (privileged)
- There can never be a crime of libel
- Malice is not presumed
Privileged nature of the communication
- does away with malice
- it does not mean he cannot be convicted but only
does away with malice
Another Absolute Privileged Communication is Judicial
Proceedings:
- Allegations in judicial proceedings are absolutely
privileged if they are relevant or pertinent to the
issues
Comment on the qualification of candidates
- It is privileged
- The mental/moral/physical fitness of candidates
of elections may be the object of comment and
criticism
- When Pnoy ran, the comment was that he is
"autistic"
- But if it appears that it was with actual malice and
it is defamatory in nature then it is criminal libel
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Privileged Communication
Fair comment on a matter of public interest
- The public officer who suffer under a hostile or
unjust accusation, the wound can be assuaged
with the balm of a clear conscience. The policy of a
public official may be attacked rightly or wrongly
with every argument which ability could find or
eligibility given.
- On the other hand the public officer must not be
too thin skinned with reference to comments upon
his official acts, only thus can the intelligence and
dignity of the individual be sulked. The public
office may suffer under unjust and hostile
accusations. The wound can be assuaged with the
balm of clear conscience.
- US vs. Bustos 37 Phil 731
- A judge was filed a report for his irregularity. It
was found to be false. He filed a case for libel.
There was no libel in this case.
ARTICLE 355. Libel means by writings or similar means.
A libel committed by means of writing, printing,
lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any
similar means, shall be punished in addition to the civil
action which may be brought by the offended party.
- Defamation through microphone is not libel but
oral defamation.
- Defamation through amplifier is oral defamation
- Painting placed with horns and a tail is libel
- In TV is found under "any similar means" People
vs. Castile. Any similar means is a catch all
provision.
Facebook is included under Cyber Crime Act RA 10175
- Cyber Libel
- It has a higher penalty (1 degree higher)
- If one is charged with internet libel, he cannot be
charged with Libel under the RPC Decine vs. DOJ
Feb 18 2014
- The internet is under any similar means
- PM is not probationable, be careful
Syhunliong vs. Rivera June 4 2014
- Text message could be libel
- Must prove that there is publicity, someone else
must have been using the phone and read it to be
considered as publication
The court has the discretion to impose imprisonment or fine
 Under SC circular AM 08-2008 Jan. 28, 2008
- SC encourage the courts to impose the penalty of
fine.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Art 356 Threatening to publish and offer to prevent such 1. That the offender is a reporter, editor or manager of a
publication for a compensation newspaper daily or magazine
2. That he publishes facts connected with the private life of
ACTS PUNISHED another
3. That such facts are offensive to the honor, virtue and
1. By threatening another to publish a libel concerning him, or reputation of said person
his parents, spouse, child, or other members of his family
2. By offering to prevent the publication of such libel for
compensation, or money consideration There could be a fair comment or report on the conduct for acts
of public officers or of those private persons that are
A FORM OF BLACKMAIL considered as public figures or celebrities.

The accused threatened to publish in a weekly periodical TN: private persons

certain letters amorous in nature, written by a married woman
and addressed by her to a man unless she paid P4,000 to them. This will not apply to a public officer.

Blackmail, in it metaphorical sense, may be defined as any 358 Slander

unlawful extortion of money by threats of accusation or
exposure. Two words are expressive of the crime – hush WHAT IS SLANDER
money. (US vsEguia, et al., 38 Phil 857)
This is another form of defamation. This is oral defamation.
EX: The accused threatens to publish the libel and if the
Libel is publishing a defamatory statement through writing,
offended party would refuse to give him money as
painting, TV, internet, etc. But if it is done orally, the crime is
consideration for an obligation.
oral defamation.
EX: Give me money because if you would not give me such
TWO KINDS OF ORAL DEFAMATION
amount, I will publish this article.
1. Light or slight slander; and
THREAT NOT TO PUBLISH IS LIGHT THREATS 2. Grave slander, when it is of a serious and insulting nature

When what is threatened is not to publish, it is light threats.

FACTORS THAT DETERMINE THE GRAVITY OF ORAL
But if the threat consists a threat to publish to a libelous matter,
DEFAMATION
or libelous statement, then that would be blackmail or a
The law does not state what constitutes grave oral defamation.
violation under Art 356.
But jurisprudence made by the Supreme Court states that to
constitute grave oral defamation certain circumstances must be
THIS IS ANOTHER FORM OF EXTORTION
taken into consideration by the court.
If there is a demand for money that is extortion. There a lot of
forms under extortion like kidnap for ransom, grave threats, 1. Social standing of the offended party
light threats, or under Art 356, threatening to publish libel if EX: If he is richer, than that could be grave.
the offended party fails to give him money.
2. Position of the offended party – rank
EX: The one you are pointing to shame is a mayor or governor
EX: In the media, there is a thing called AC-DC. AC is Attack
or judge, then that would be grave oral defamation. But if the
Collect, DC is Defend Collect. When you are attacked and you
one you are pointing to shame is one who sells fish, janitor,
go near the person you give him money, the person then goes
then that could only be light oral defamation.
silent. It can also be that you pay such person and he attacks
the other person.
3. Utterances itself, whether it is strong – the expressions used
EX: When you call someone a thief or a devil.
357 Prohibited publication of acts referred to in the course of
official proceedings
The circumstances such as those uttered because of argument,
ELEMENTS
the social standing of the offended party, the expressions used

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
– these are the matters that could be taken into consideration
by the court in deciding what is the crime committed.
WORDS UTTERED IN ANGER COULD ONLY BE LIGHT
ORAL DEFAMATION
Defamatory words uttered in the heat of anger could only be
light oral defamation.
Threats uttered in the heat of anger are only considered light
threats.
EX: You had an appointment with someone and then she did
not push through, she just texted you that you‘d meet some
other time. You replied to her, ―Crazy!‖ Is that defamatory?
That is an expression of anger.
But does it mean that it is not anymore defamatory when you
are being told that you are ―Crazy!‖? Defamatory but the
circumstances are looked into. But if in your expressions or
statements it can be seen that what you are referring to is really
the meaning of the word ―Crazy!‖ which is a mental defect
then that could be defamatory and not just a mere expression
of anger. The same with ―Puta/Putang Ina‖. That could be an
expression of anger, that could be an expression of displeasure
but it does not mean that every time your utter such word you
would not be held liable because it could be that you really
mean what you say.
EX: You are a thief or a relative of a crazy person. That is
defamatory. That could not only be said that it is an expression
of anger. It could already mean that you are referring to the
definition of the word itself.
TRUTH AS A VALID DEFENSE
But if you really have a relative that is crazy, TN even if it is
true, if there is no justifiable reason or good motive for uttering
then you can be liable. Truth alone is not a defense in
defamation.Truth can be a defense if it is coupled with justifiable
reason and good motive or good intention.
EX: You have a sister who is looking for a guard then there is a
guard who applies. You know the applicant, you then inform
your sister not to accept the applicant because he is a thief or a
convicted thief. Upon saying those words, someone heard it.
The person who heard it told the applicant. Defamatory?
There is justifiable reason and good motive or intention. Truth,
for it to be valid defense must be coupled with good intention
and justifiable reason.
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PRESCRIPTIVE PERIOD
Oral defamation (Art 90) – 6 months
Light oral defamation – 60 days
359 Slander by deed
ELEMENTS
1. That the offender performs any act not included in any
other crime against honor
2. That such act is performed in the presence of other
person/s
3. That such act casts dishonor, discredit or contempt upon
the offended party
SLANDER BY DEED
Committed by any person who shall perform any act which is
not included or cannot be considered as oral defamation or
libel which casts dishonor, discredit, or contempt upon another
person.
TWO KINDS OF SLANDER OF DEED
1. Grave slander by deed; and
2. Light or slight slander by deed
The court takes into consideration the circumstances regarding
the slanderous acts or deeds.
SLAPPING THE FACE OF ANOTHER IS SLANDER BY DEED
IF THE INTENTION OF THE ACCUSED IS TO CAUSE
SHAME AND HUMILIATION
Slapping another person in the presence of another person
with intent to dishonor, discredit or contempt upon that
person.
EX: You think that your husband has a mistress who is a law
student. You waited for her outside the gate. When she went
out the gate, you slapped her infront of her classmates and told
her ―You have no shame!‖ That is slander by deed.
ACT ONLY PRODUCE SLIGHT PHYSICAL INJURIES
Slander by deed is committed when the act would only
constitute or produce slight physical injuries.
If the act would produce serious or less serious physical injuries, like
boxing another and he loses his front teeth, the crime committed
would be serious physical injuries. And what would now happen
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

to the slanderous act? That would be considered as an
aggravating circumstance, ignominy.
If the act would constitute serious or less serious physical
injuries the humiliation or embarrassment suffered by the
victim would be considered an aggravating circumstance,
ignominy.
Unjust Vexation- any act that would irritate or annoy.
If the crime doesn‘t fall under acts of lasciviousness, it
is UNJUST VEXATION.
If it does not constitute oral defamation because there
was no publicity, UNJUST VEXATION.

MALTREATMENT Article 360 Persons responsible for libel

It is slight physical injuries without any injury. Slight physical
injuries committing any act or infliction of violence which does
not produce injury.
EX: You were slapped but since you have a thick face, nothing
happened. There was no injury so it is only maltreatment.
But if there is an injury which is slight only, it heals in less than
9 days so that is slander by deed.
―IF THERE IS INTENT TO HUMILIATE OR EMBARRASS
THE OFFENDED PARTY‖
- This crime is more appropriate in traditional media
and not so in the social media. Because in traditional
media, there are different editors. Unlike in social
media where the one who posted the libellous
statement is the only person responsible.
- That is why there are many editors because they
make sure that there are no libellous statements in
their publications. For they too can be held liable for
another person‘s article if they (as editors) miss to edit
the same.

Humiliate – when there are a lot people and you slap another. The persons responsible for libel are:
You look at the other persons intention.
1. The person who publishes, exhibits or causes the
EX: Spitting at another person. publication or exhibition of any defamation in writing
or similar means.
2. The author or editor of a book or pamphlet
3. The editor or business manager of a daily newspaper
magazine or serial publication
4. The owner of the printing plant which publishes a
ORAL DEFAMATION AND SLANDER BY DEED
libellous article with his consent and all other persons
These are different provisions so are penalized by different who in any way participate in or have connection
articles. That could be another crime because by uttering, the with its publication.
other person is also humiliated. That could be light oral
Note: THE VENUE HERE IS DIFFERENT.
defamation. Then you slapped her that could be slander by
deed. CRIMINAL CIVIL LIBEL
cases cases
POINTING A DIRTY FINGER CONSTITUTES SIMPLE (Both criminal and Civil)
SLANDER BY DEED
Where the Option  RTC where the libellous
Pointing a dirty finger that is a slight or light slander by deed. crime is of the article was first printed
(Ppvs Villanueva, 487 SCRA 42) committed plaintiff or

ALLEGED IN THE INFORMATION Where the offended

party actually resides at
The nature of the crime is determined in the allegations in the
the time of the
information. To constitute grave slander and grave oral
commission of the
defamation, it must be alleged in the information that the
offense.
words uttered must be of serious nature and insulting.
Without the word ―serious‖, then that would mean that the  If the offended party is
crime charged is light oral defamation or light slander.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
a public officer- City or
province where the
libellous article is first
printed and published.
 Public officer whose
office at the time of the
commission of the
offense is in Manila-
CFI of the City or
Province where he held
office at the time of the
publication.
―Private Libel‖
- A kind of libel that imputes a private crime (ie.
Adultery, concubinage etc).
- Just like a private crime, the complaint shall be
signed by the private offended party.
- It cannot be inititated through an information. It
can only be filed in court through a complaint.
TRUTH ALONE IS NOT A DEFENSE IN LIBEL.
- A defamatory statement is presumed to be
malicious even if it is true.
- Truth shall be coupled with:
1. Justifiable reasons and
2. Good intention or good motive.
Earlier we mentioned that malice is presumed EXCEPT in
privileged communication. Considering that malice is
presumed in libel, the prosecution is no longer required to
present evidence to establish malice.
But does that mean that every person accused of libel or
defamation would already be convicted? Ans. NO.
Because although malice is presumed, the accused
can still rebut malice by presenting evidence that he
uttered the slanderous words with malice.
How can the presumption be rebutted? Article 361. If
he can prove that the imputation is true and that he
uttered or published the same with good motives and
justifiable reasons or ends. In that situation, the
defendant should be acquitted.
Article 361 Proof of truth
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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Again, TRUTH ALONE IS NOT A DEFENSE. IT MUST BE
COUPLED WITH GOOD MOTIVES AND JUSTIFIABLE
REASONS.
Example of a justifiable reason:
Performance of a duty. It is our duty to make sure our public
officials perform their duties. For example a mayor, or
governor or other pub officer does not perform his duties
because of his being a drunkard.
If the offended party is a public officer:
- The accused may be allowed to present proof that the
imputation he made is true if the act imputed against
the offended party constitutes a crime.
- Note that what may be libellous to others may not be
libellous to some. Example: Some old people would
prefer to be called thieves than be called, old. To them
it‘s already defamatory. It‘s essentially a case to case
basis.
- But if you are identified publicly as a protector of the
druglords, that is clearly defamatory because what
was imputed against you is a crime.
If the offended party is a private person:
- Proof of truth is allowed only when the act imputed
constitutes a crime.
- If it does not constitute a crime, then that is libellous
because here proof of truth is not allowed.
If the offended party is a private person but is a public figure
(ie. a celebrity):
- He is similar to a public officer.
Article 362 Libellous remarks
- Even if the comments or remarks are considered
privileged, if the same is uttered with malice then the
author could still be held liable for libel.
- What has to be proved is actual malice.
Article 363 Incriminating innocent persons
- Committed by any person who by any act
constituting perjury shall directly incriminate or
impute to an innocent person the commission of
a crime. (cut)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Article 363. Incriminating innocent person
- Any act which does not constitute perjury, that
would incriminate or impute to an innocent
person the commission of a crime.
Article 364. Intriguing against honor
- Any intrigue which has for its principal purpose
to blemish the honor or reputation of a person
Notes:
- Relate this to oral defamation; in the latter, the
identity of the author is clear, for example you
will say ―you are a thief!‖ however for example
you will say ―you know, they say that you are a
thief‖, now that is intriguing against honor.
(chismisngadaotan) ;Even if the same is true.
- May be a ground for moral damages.
Article 365. Criminal Negligence
- Any person who by reckless imprudence, shall
commit any act which, had it been intentional,
would constitute a grave/less grave/light felony.
- Any person who, by simple imprudence or
negligence, shall commit an act which would,
otherwise constitute a grave felony/less
grave/light felony.
- (refer to the codal provision for the
corresponding penalty of each resulting felony
whether it be grave/less grave/light)
Notes:
- In a case, SC held that the penalty for reckless
imprudence resulting in a light felony is public
censure (now this would impliedly repeal the one
given in 365 which is aresto mayor)
- Suppose the accused X fired his gun at Y with
intent to kill, now the bullet went through Y,
which hit another victim A, and the latter sustain
slight physical injuries, what crime/s are
committed by X? Complex Crime of murder with
attempted murder; if there was treachery on the
intended victim, then it will also pass to the
unintended victim.
- Now in reckless imprudence, it presupposes that
the accused is performing a LAWFUL ACT with
negligence; otherwise if the act constitutes a
felony, then art. 365 will not apply. Example
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would be driving at a high speed and you caused
injuries to another, driving is a lawful act but
over speeding is negligent, hence 365 will apply.
- Now there are crimes that are committed thru
negligence not penalized under this article,
remember malversation? The same can be
committed by both dolo and culpa, in such case,
the penalty is the same as to both.
Elements of criminal negligence:
1. Offender does or fails to do an act
2. That such failure/doing of an act is voluntary
3. That it be without malice
4. Material damage results
5. There is inexcusable lack of precaution on part of the
offender
- What is the test of negligence/imprudence? The
question is: would a prudent man in a position of
the person, to whom negligence is attributed,
foresee harm to the person injured as a
reasonable consequence of the cause about to be
pursued.
Q: A sickly child was brought to a quack doctor who said that
the child was actually possessed by a spirit, and that for him to
be healed, he must be submerged into a pail filled with water.
The child was really submerged and later on died. The child
who was 2 years old was autopsied and it was found that he
died due to drowning. The quack doctor was charged with
murder. Is he liable for murder?
A: No. Accused-appellants had no criminal intent to kill the
boy. Their liability arises from their reckless imprudence
because they ought that to know their actions would not bring
about the cure. They are, therefore, guilty of reckless
imprudence resulting in homicide and not of murder. Reckless
imprudence consists in voluntarily, but without malice, doing
or failing to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the
person performing such act. Compared to intentional felonies,
such as homicide or murder, what takes the place of the
element of malice or intention to commit a wrong or evil is the
failure of the offender to take precautions due to lack of skill
taking into account his employment, or occupation, degree of
intelligence, physical condition, and other circumstances
regarding persons, time, and place.The elements of reckless
imprudence are apparent in the acts done by accused-
appellants which, because of their lack of medical skill in
treating the victim of his alleged ailment, resulted in the latters
death. As already stated, accused-appellants, none of whom is
a medical practitioner, belong to a religious group, known as
the Missionaries of Our Lady of Fatima, which is engaged in
faith healing. (Pp v Carmen 355 SCRA 267)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
3rd par: When the execution of the act covered by this article
shall have only resulted in damage to the property of
another, the offender shall be punished by a fine ranging
from an amount equal to the value of said damages to three
times such value, but which shall in no case be less than
twenty-five pesos.
 This is applicable when the result is only damage to
property.
 If there is another result like damage to property and
physical injury, this will not apply. That would fall
under par 1.
Ex: you drove and bumped a BMW which damages
costs 1M – that is reckless imprudence resulting to
damage to property. The penalty is equal to the value
of the damage which is 1M, up to three times such
value which is 3M. If you don‘t have money, you can
convert that with subsidiary imprisonment – 1 day for
every highest minimum wage – TN imprisonment
must not be more than 6 months.
If in the above example, the driver suffered slight
physical injuries, par 1 applies. So, had it been
intentional, it would have been malicious mischief.
This is a less grave felony where the penalty is arresto
mayor in its minimum and medium periods. (Pp v
Reodica GR No. 125066)
Case of Ivler vs Modesto - San Pedro
- Jason Ivler was charged with
1. Reckless Imprudence Resulting in Slight Physical
Injuries
2. Reckless Imprudence Resulting in Homicide and Damage to
Property
In this case, SC said that Art 48 will not apply. There will be no
complex crime. The accused shall be punished with as many
crimes as he committed resulting from his reckless
imprudence. If there are 4 resulting crimes, he would suffer 4
penalties even if there is only 1 act.
SC: ―We forbid the application of Article 48 in the prosecution
and sentencing of quasi-crimes, require single prosecution of all the
resulting acts regardless of their number and severity, separately
penalize each as provided in Article 365, and thus maintain the
distinct concept of quasi-crimes as crafted under Article 365.
Article 48 is incongruent to the notion of quasi-crimes
under Article 365. It is conceptually impossible for a quasi-offense to
stand for (1) a single act constituting two or more grave or less
grave felonies; or (2) an offense which is a necessary means for
committing another.
We hold that prosecutions under Article 365 should
proceed from a single charge regardless of the number or severity of
the consequences. In imposing penalties, the judge will do no more
than apply the penalties under Article 365 for each consequence
alleged and proven. In short, there shall be no splitting of charges
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
under Article 365, and only one information shall be filed in the same
first level court.‖
Q: Is contributory negligence on the part of a victim a defense
in reckless imprudence resulting to homicide?
- No, it is not a defense. It will only mitigate the offender‘s civil
liability.
Q: What if your dog bit another person?
- That may result to Reckless Imprudence resulting to Physical
Injuries. You must have tied your dog to prevent it from
causing harm to others.
END OF BOOK II
RA 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
July 7, 2016
SPECIAL PENAL LAWS
Anti-Violence Against Women and Their Children Act of
2004 - RA 9262
 This was enacted about 2 months after the ruling of
People vs Genosa.
 Purpose: address committed against women and their
children.
SECTION 3. Definition of Terms.- As used in this Act,
(a) "Violence against women and their children" refers to any
act or a series of acts committed by any person against a
woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationship, or
with whom he has a common child, or against her child
whether legitimate or illegitimate, within or without the family
abode, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
 to be liable, the offender must have or had a sexual or
dating relationship with the woman
 the accused could be a step father of the child within or
without the family abode
 ―threats of such acts‖ – even if there is no actual infliction
of violence, or is just a mere threat, that is a violation of
this law already.
It includes:
A. "Physical Violence" refers to acts that include bodily or
physical harm;
B. "Sexual violence" refers to an act which is sexual in nature,
committed against a woman or her child. It includes, but is not
limited to:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
a) rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch
obscene publications and indecent shows or
forcing the woman or her child to do indecent
acts and/or make films thereof, forcing the wife
and mistress/lover to live in the conjugal home
or sleep together in the same room with the
abuser;
 These are the sexual abuses. Remember if the
sexual abuse with constitute rape, that
would be prosecuted under the RPC.
 Pp vs Jumawan – the husband could be held
liable for rape
 Hayden Kho and Haliliscandal – the taking
of a video of the sexual encounter – this is
not a violation of RA 9262 because what is
required is that there be force and violence in
making films of the indecent acts. But this
falls under the Anti Photo and Video
Voyeurism Act, which states that even if
there was consent in filming, another
consent is required for the posting or sharing
the video.
b) acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical
or other harm or coercion;
c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing
or likely to cause mental or emotional suffering of the victim
such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated
verbal abuse and mental infidelity. It includes causing or
allowing the victim to witness the physical, sexual or
psychological abuse of a member of the family to which the
victim belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of
common children.
 If A(husband) lets his child watch him physically
abuse ―kulata‖ B(Wife), there are 2 victims: the wife
and the child.
 Letting the child see the abuse of the pet cat/dog is a
violation
D. ―Economic abuse‖ refers to acts that make or attempt to
make a woman financially dependent which includes, but is
not limited to the following:
1. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
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serious and moral grounds as defined in Article 73 of
the Family Code;
 TN: mere threat of not supporting your wife
would constitute economic abuse which is a
violation of this law
 Forcing your wife to resign or leave her work for
the purpose of making her dependent on you is
also economic abuse.
2. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of the
conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims' own money or properties
or solely controlling the conjugal money or
properties.
(b) "Battery" refers to an act of inflicting physical harm upon
the woman or her child resulting to the physical and
psychological or emotional distress.
 TN: Woman suffering from Battered Woman
Syndrome is considered a JUSTIFYING
CIRCUMSTANCE even if none of the circumstances
for a valid self defense(even unlawful aggression) is
present. (Read Pp vs Genoso)
(c) "Battered Woman Syndrome" refers to a scientifically
defined pattern of psychological and behavioral symptoms
found in women living in battering relationships as a result
of cumulative abuse.
(d) "Stalking" refers to an intentional act committed by a
person who, knowingly and without lawful justification
follows the woman or her child or places the woman or her
child under surveillance directly or indirectly or a
combination thereof.
(e) "Dating relationship" refers to a situation wherein the
parties live as husband and wife without the benefit of
marriage or are romantically involved over time and on a
continuing basis during the course of the relationship. A
casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating
relationship.
 Dating relationship is present even if there is no
sexual intercourse between the parties. Even in the so-
called ―away-bati relationship‖ (Ang vs CA 4/20/10)
 ―Uyab-uyab‖ is a dating relationship.
 Case: Lex and Lexy just broke up from their
relationship. Later,Lexy heard rumors about herself
and confronted Lex. Lex admitted to spreading the
rumors. Because of this, she slapped Lex.After which,
Lex punched Lexy. Is Lex liable under this law?
- Yes. This law will apply even if the dating
relationship of the parties has already ceased
to exist. What is required is that they HAD a
dating relationship. It is not necessary that
the violence is a consequence of the
relationship. If the physical injuries
committed falls under this law, it has a
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
penalty which is 1 degree higher than that of
the RPC. (Navalos vs Quiambao Jan 7, 2013)
August 10, 2016
A person in a dating relationship is a lesbian, will RA 9262
apply?
- Yes, it will apply. The definition in violence against
women and their children does not give a gender
specific term.
- Garcia vs. Drillon June 25 2013
- The use of the gender neutral word person who has
or had a sexual or dating relationship with the
woman, encompasses even a lesbian relationship
SECTION 5. Acts of Violence Against Women and Their
Children.
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child
physical harm;
- Mere threatening or attempt to cause physical harm
on the woman or her child will be a violation under
this act
- Other persons who conspire with the accused may
be charged under this law. Therefore a stranger
may be liable under VAWC.
- Go-tan vs. spouses Tan Sept. 30, 2008. The parents of
the accused conspired with their son in causing
violation of the law against the wife of the accused.
They can be held liable citing par. h of Section 5
(c) Attempting to cause the woman or her child
physical harm;
(d) Placing the woman or her child in fear of imminent
physical harm;
(e) Attempting to compel or compelling the woman or
her child to engage in conduct which the woman or
her child has the right to desist from or desist from
conduct which the woman or her child has the right
to engage in, or attempting to restrict or restricting
the woman's or her child's freedom of movement or
conduct by force or threat of force, physical or other
harm or threat of physical or other harm, or
intimidation directed against the woman or child.
This shall include, but not limited to, the following
acts committed with the purpose or effect of
controlling or restricting the woman's or her child's
movement or conduct:
(1) Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
(2) Depriving or threatening to deprive the woman
or her children of financial support legally due
her or her family, or deliberately providing the
woman's children insufficient financial
support;
- If the child is a minor then it would also constitute
child abuse
o The husband will only be charged in
either law (RA9262 or RA 7610)
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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(3) Depriving or threatening to deprive the woman
or her child of a legal right;
(4) Preventing the woman in engaging in any
legitimate profession, occupation, business or
activity or controlling the victim's own mon4ey
or properties, or solely controlling the conjugal
or common money, or properties;
(f) Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the woman or her
child to engage in any sexual activity which does
not constitute rape, by force or threat of force,
physical harm, or through intimidation directed
against the woman or her child or her/his immediate
family;
(h) Engaging in purposeful, knowing, or reckless
conduct, personally or through another, that alarms
or causes substantial emotional or psychological
distress to the woman or her child. This shall
include, but not be limited to, the following acts:
(1) Stalking or following the woman or her child in
public or private places;
(2) Peering in the window or lingering outside the
residence of the woman or her child;
(3) Entering or remaining in the dwelling or on the
property of the woman or her child against
her/his will;
(4) Destroying the property and personal
belongings or inflicting harm to animals or pets
of the woman or her child; and
- Causing harm to the pets of the woman or her child
would constitute a violation of this law
o he may also be liable under RA 8485
(animal welfare act)
(5) Engaging in any form of harassment or
violence;
(i) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her child,
including, but not limited to, repeated verbal and
emotional abuse, and denial of financial support or
custody of minor children of access to the woman's
child/children.
SECTION 6. Penalties
- The crimes are one degree higher than the RPC
If the crime is Parricide/Murder/Homicide
- Charged with the RPC
- There will be no separate crime. It will be under the
RPC.
If the woman is Pregnant or committed in the presence of her
child
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Aggravating Circumstance
- The penalty will be in its Maximum period
Penalties:
- Imprisonment
- Fine
- Undergo Mandatory Psychological Counselling
SECTION 7. Venue
- The Family Court has exclusive and original
jurisdiction
- In areas without family courts then it is the RTC
SECTION 8. Protection Order
- Issuance of protection order to prevent further acts
of violence against the woman or child and other
necessary reliefs or remedies
There are 3 kinds of protection orders under this law
1. Baranggay Protection Order (BPO) - easiest to get,
all the victim has to do is to go to the baranggay
hall and ask the captain to issue a protection order
to prevent further acts of violence in the absence of
the baranggay captain then any counsellor present
may issue the order
 Effective for 15 days
 This provision of RA 9262, allowing the BPO by
the barrangay captain was questioned in the
SC because it is an undue delegation of judicial
power. According to the SC there is no undue
delegation of judicial power. Garcia vs. Drillon
2. Temporary Protection Order (TPO)
3. Permanent Protection Order (PPO)
Reliefs and remedies under the Protection order:
(a) Prohibition of the respondent from threatening to
commit or committing, personally or through
another, any of the acts mentioned in Section 5 of
this Act;
(b) Prohibition of the respondent from harassing,
annoying, telephoning, contacting or otherwise
communicating with the petitioner, directly or
indirectly;
- tell the accused to no longer contact the woman
protected
(c) Removal and exclusion of the respondent from the
residence of the petitioner, regardless of ownership
of the residence, either temporarily for the purpose
of protecting the petitioner, or permanently where
no property rights are violated, and if respondent
must remove personal effects from the residence,
the court shall direct a law enforcement agent to
accompany the respondent has gathered his things
and escort respondent from the residence;
- Even if the house is owned by the husband, the
husband will be expelled from the residence either
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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temporarily or permanently where no property
rights are violated.
(d) Directing the respondent to stay away from
petitioner and designated family or household
member at a distance specified by the court, and to
stay away from the residence, school, place of
employment, or any specified place frequented by
the petitioner and any designated family or
household member;
- The Stay Away Order
- It can be included that the accused cannot stay
within how many meters from the workplace of the
wife or the school of the child or from the house.
(e) Directing lawful possession and use by petitioner of
an automobile and other essential personal effects,
regardless of ownership, and directing the
appropriate law enforcement officer to accompany
the petitioner to the residence of the parties to
ensure that the petitioner is safely restored to the
possession of the automobile and other essential
personal effects, or to supervise the petitioner's or
respondent's removal of personal belongings;
- In the instance where there is a car used by the
husband, the court will direct the husband to give
the car to the wife, regardless of ownership
(f) Granting a temporary or permanent custody of a
child/children to the petitioner;
- Even the issue of custody over the children can be
included in the protection order. The court can
include in the protection order that the children
will be under the custody of the wife.
- There is a possibility that the beating of the wife,
will also result in the beating of the children
- The background of violent persons, when they
were little, they were also victims of violence
- Violence is a cycle, when there is violence in the
house; the child will also practice it in school such
as violent behavior and profanity.
(g) Directing the respondent to provide support to the
woman and/or her child if entitled to legal support.
Notwithstanding other laws to the contrary, the
court shall order an appropriate percentage of the
income or salary of the respondent to be withheld
regularly by the respondent's employer for the same
to be automatically remitted directly to the woman.
Failure to remit and/or withhold or any delay in the
remittance of support to the woman and/or her child
without justifiable cause shall render the
respondent or his employer liable for indirect
contempt of court;
- The court could order the husband or common-
law-husband support to the child
- The common law wife is not entitled to support.
Only the child is entitled
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The court could issue and order directing the
accused to give support if entitled to give support
- The court itself can issue that a percentage of the
salary be directly remitted to the woman or victim.
It is like a withholding tax. If it is given to the
husband it is possible that it will not be given to the
wife.
- There was a case where the wife filed a case for
support against her husband who was a member of
the AFP. The husband was retire-able and applied
for retirement from military service. The wife filed
a motion asking the court to direct the AFP finance
center to remit directly to the wife 50% of the
retirement benefits. The court granted the motion
and ordered the AFP finance center to remit 50%
directly to the wife. The finance center complained
because there is a law directing the AFP to remit
the retirement benefits only to the AFP member.
PD 1638 (sec. 31)
- The SC held that AFP finance center may be
ordered to deduct the percentage of its personnel to
the latter's lawful wife as spousal support pursuant
to RA 9262. Section 31 of PD 1638 and Section 39 of
RA 8291 (GSIS Act) do not prevail under RA 9262
because the latter is a later legislation. Republic vs.
Yahon G.R. 201043 June 16, 2014
- Failure to remit and/or withhold the remittance of
support to the woman and/or her child without
justifiable cause shall render the respondent or his
employer indirect contempt of court.
(h) Prohibition of the respondent from any use or
possession of any firearm or deadly weapon and
order him to surrender the same to the court for
appropriate disposition by the court, including
revocation of license and disqualification to apply
for any license to use or possess a firearm. If the
offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall
direct the appropriate authority to investigate on the
offender and take appropriate action on matter;
(i) Restitution for actual damages caused by the
violence inflicted, including, but not limited to,
property damage, medical expenses, childcare
expenses and loss of income;
(j) Directing the DSWD or any appropriate agency to
provide petitioner may need; and
(k) Provision of such other forms of relief as the court
deems necessary to protect and provide for the
safety of the petitioner and any designated family or
household member, provided petitioner and any
designated family or household member consents to
such relief.
Any of the reliefs provided under this section shall
be granted even in the absence of a decree of legal
separation or annulment or declaration of absolute
nullity of marriage.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
The issuance of a BPO or the pendency of an
application for BPO shall not preclude a petitioner
from applying for, or the court from granting a TPO
or PPO.
(h) Prohibition of the respondent from any use or possession of any
firearm or deadly weapon and order him to surrender the same to the
court for appropriate disposition by the court, including revocation of
license and disqualification to apply for any license to use or possess a
firearm. If the offender is a law enforcement agent, the court shall
order the offender to surrender his firearm and shall direct the
appropriate authority to investigate on the offender and take
appropriate action on the matter;
- Sometimes when couple fight, they use knives or guns
- Judges story: Before, I used to live in as boarding house. My
neighbors were a couple. They used to fight during the wee
hours of the night; the wife had a knife while the husband
had an unlicensed firearm. I was scared since he might use
the gun and it would go through my wall. When they
fought, they would shout ―yawaka!‖ ―demonyoka!‖.
(k) Provision of such other forms of relief as the court deems
necessary to protect and provide for the safety of the petitioner and
any designated family or household member, provided petitioner and
any designated family or household member consents to such relief.
Any of the reliefs provided under this section shall be granted
even in the absence of a decree of legal separation or annulment or
declaration of absolute nullity of marriage.
EX: custody over the child – this is usually settled in a
petition for declaration for nullity or legal separation but
this issue may be tackled in RA 9262 in a criminal case.
The issuance of a BPO or the pendency of an application for BPO
shall not preclude a petitioner from applying for, or the court from
granting a TPO or PPO.
- Even if the barangay has already issued a protection
order, the victim could still apply for an issuance of a
TPO or PPO.
- BPO – easiest protection order that can be obtained
SECTION 9. Who may File Petition for Protection Orders. — A
petition for protection order may be filed by any of the following:
(a) The offended party;
(b) Parents or guardians of the offended party;
(c) Ascendants, descendants or collateral relatives within the
fourth civil degree of consanguinity
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
or affinity;
(d) Officers or social workers of the DSWD or social workers of
local government units (LGUs);
(e) Police officers, preferably those in charge of women and
children's desks;
- In every police station there is a Women and
Children‘s desk
- The female police officers are trained to handle this
kind of cases – child abuse, women victims of
violence
(f) Punong Barangay or Barangay Kagawad;
(g) Lawyer, counselor, therapist or healthcare provider of the
petitioner;
(h) At least two (2) concerned responsible citizens of the city or
municipality where the violence against women and their children
occurred and who has personal knowledge of the offense
committed.
SECTION 10. Where to Apply for a Protection Order. —
Applications for BPOs shall follow the rules on venue under
Section 409 of the Local Government Code of 1991 and its
implementing rules and regulations.
- RegardingBPO, the rule on venue provided by the Local
Government Code shall apply
- If parties are residing in the same barangay – with the
barangay where they are living
- If parties are living in different barangays – in the barangay
where the defendant or accused is living or residing
An application for a TPO or PPO may be filed in the regional trial
court, metropolitan trial court, municipal trial court, municipal
circuit trial court with territorial jurisdiction over the place of
residence of the petitioner: Provided, however, That if a family court
exists in the place of residence of the petitioner, the application shall
be filed with that court
- Regarding TPO or PPO, it can be filed with the Family
Court but in the absence of the Family Court, it can be filed
even with the RTC, MCTC or MTC that has jurisdiction
over the residence of the petitioner. But if there is a Family
Court, the petition shall be filed with the Family Court.
SECTION 11. How to Apply for a Protection Order. — The
application for a protection order must be in writing, signed and
verified under oath by the applicant. It may be filed as an
independent action or as an incidental relief in any civil or criminal
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
case the subject matter or issues thereof partakes of a violence as
described in this Act.
- If there is no case yet filed, it should be through a petition.
If there is already a pending criminal case, the application
for the issuance of a TPO or PPO would be done by mere
motion.
- The petition shall be verified by the applicant. It may be
filed as independent action or an incidental relief (meaning
motion) I there is already a pending civil or criminal case
involving violation of this Act
A standard protection order application form, written in English
with translation to the major local languages, shall be made available
to facilitate applications for protection orders.
- There is already a readymade form, fill in the blank type
If the applicant is not the victim, the application must be
accompanied by an affidavit of the applicant attesting to (a) the
circumstances of the abuse suffered by the victim and (b) the
circumstances of consent given by the victim for the filing of the
application. When disclosure of the address of the victim will pose
danger to her life, it shall be so stated in the application
SECTION 12. Enforceability of Protection Orders. — All TPOs and
PPOs issued under this Act shall be enforceable anywhere in the
Philippines and a violation thereof shall be punishable with a fine
ranging from Five Thousand Pesos (P5, 000.00) to Fifty Thousand
Pesos (P50, 000.00) and/or imprisonment of six (6) months.
- TPOs and PPOs are enforceable anywhere in the
Philippines even if a first level court issues it.
- Penalty for the violation: Fine – P5, 000.00 – P50, 000.00
and/or imprisonment of 6 months
SECTION 13. Legal Representation of Petitioners for a Protection
Order.
- If the woman or her child cannot avail or do not have the
capacity to hire their counsel of choice, they may avail the
services of PAO.
EX: When the mother and child is not given support by her
husband.
SECTION 14. Barangay Protection Orders (BPOs); Who May Issue
and How. — Barangay Protection Orders (BPOs) refer to the
protection order issued by the Punong Barangay ordering the
perpetrator to desist from committing acts under Section 5(a) and (b)
of this Act. A Punong Barangay who receives applications for a BPO
shall issue the protection order to the applicant on the date of filing
after ex parte determination of the basis of the application.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- It shall be issued on the date of filing.
- Why is it on the date of filing? The moment the husband
knows that she went to the barangay, there is a possibility
that the husband might kill or abuse her.
If the Punong Barangay is unavailable to act on the application for a
BPO, the application shall be acted upon by any available Barangay
Kagawad. If the BPO is issued by a Barangay Kagawad, the order
must be accompanied by an attestation by the Barangay Kagawad
that the Punong Barangay was unavailable at the time for the
issuance of the BPO. BPOs shall be effective for fifteen (15) days.
Immediately after the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally serve a copy of the
same on the respondent, or direct any barangay official to effect its
personal service.
- In case of the absence of the Barangay Captain, any
available Barangay Kagawad may issue a protection order.
- BPO shall be effective for 15 days and shall be served by
the Barangay Chairman himself or by the Kagawad who
issued the protection order.
EX: If in the protection order, it states that the husband be
evicted then the Chairman or Kagawad be the one to
implement the protection order. IF the husband would not
receive it, stick it to the wall of the house.
SECTION 15. Temporary Protection Orders. — Temporary
Protection Orders (TPOs) refers to the protection order issued by the
court on the date of filing of the application after ex parte
determination that such order should be issued.
- TPO shall be issued on the very date that the application
the petition was filed and the same shall be issued ex-parte
(without the presence of the adverse party)
- This provision was questioned in the case of Garcia
vsDrilon because according to the petitioner, this is a
violation of the due process clause of the Constitution. In
other words, the petitioner Garcia questioned the
constitutionality of the law. But in this case, the SC said
that it does not. RA 9262 deals with the problem of
violence within the family and intimate relationships,
which deserves special attention because it occurs in
situations or places where women and children should feel
most safe and secure, but are actually not.
- RA 9262 is valid and does not violate any provision of the
Constitution particularly the due process clause and the
equal protection of the Constitution. According to the SC
in another case of TuavsMangrobang Jan 22, 2014, the grant
of a TPO ex parte cannot, therefore, be challenged as
violative of the right to due process. The victim of VAWC
may already have suffered harrowing experiences in the
hands of her tormentor, and possibly even death, if notice
and hearing were required before such acts could be
prevented. Procedural due process must yield to the
necessities of protecting vital public interests, among
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
which is protection of women and children from violence
and threats to their personal safety and security.
- TPO is issued ex parte but the SC said that the moment a
court issued a TPO, the court shall likewise order that
notice be immediately given to the respondent directing
him to file an opposition within five (5) days from service.
o The accused after the issuance of a TPO shall likewise be
directed to comment or object on such order within 5 days.
- Due process: law that requires that a person who is
accused of a crime should be heard or given first an
opportunity to be heard before he is condemned
A court may grant in a TPO any, some or all of the reliefs mentioned
in this Act and shall be effective for thirty (30) days.
- Duration of the TPO: 30 days
- TN that under section 16, it can be extended when it is
about to expire for 30 days and up to the time that the
court can decide or rule whether or not there is a need to
issue a permanent protection order.
- IOW the court can continuously extend or renew or TPO
for a period of 30 days for each particular time until final
judgment is issued or until the court can determine
whether or not a protection order shall be made permanent
or not.
The court shall schedule a hearing on the issuance of a PPO prior to
or on the date of the expiration of the TPO. The court shall order the
immediate personal service of the TPO on the respondent by the
court sheriff who may obtain the assistance of law enforcement
agents for the service. The TPO shall include notice of the date of the
hearing on the merits of the issuance of a PPO.
SECTION 16. Permanent Protection Orders. —
The court shall allow the introduction of any history of abusive
conduct of a respondent even if the same was not directed against the
applicant or the person for whom the applicant is made.
- IOW even those instances wherein the accused inflicted
violence, the same can be admitted in evidence in a case
where he charged with Violation of RA 9262 in order to
prove that he is the violent type or the accused has
violent tendencies. Even if the victim is not wife herself.
- Under the Rules of Evidence, this is not allowed. It is
considered irrelevant. This is what we call res inter aliosacta
– other acts of the accused cannot, cannot be introduced. It
is inadmissible in evidence. But for this law, it is allowed.
- Purpose: to prove the violent tendency of the accused
Regardless of the conviction or acquittal of the respondent, the Court
must determine whether or not the PPO shall become final. Even in a
dismissal, a PPO shall be granted as long as there is no clear
showing that the act from which the order might arise did not exist.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- IOW even if the accused is acquitted, the court can still
issue a permanent protection order.
SECTION 18. Mandatory Period For Acting on Applications For
Protection Orders. — Failure to act on an application for a
protection order within the reglementary period specified in the
previous sections without justifiable cause shall render the official or
judge administratively liable.
- It is a must that they do it fast.
SECTION 19. Legal Separation Cases. — In cases of legal
separation, where violence as specified in this Act is alleged, Article
58 of the Family Code shall not apply. The court shall proceed on the
main case and other incidents of the case as soon as possible. The
hearing on any application for a protection order filed by the
petitioner must be conducted within the mandatory period specified
in this Act.
- Infliction of physical injuries – a cause for legal separation
- If violence is the ground for filing the petition for legal
separation, the calling-off period (the case will not be heard
for 6 months) shall not apply.
SECTION 20. Priority of Applications for a Protection Order.
- The case shall be heard immediately and the case
involving violation of RA 9262 shall be given priority.
- The petition for the issuance of the protection order
should be acted on the same day that it is filed.
Otherwise, the judge will be held administratively
liable.
SECTION 21. Violation of Protection Orders. — A complaint for
a violation of a BPO issued under this Act must be filed directly
with any municipal trial court, metropolitan trial court, or
municipal circuit trial court that has territorial jurisdiction over
the barangay that issued the BPO. Violation of a BPO shall be
punishable by imprisonment of thirty (30) days without prejudice
to any other criminal or civil action that the offended party may
file for any of the acts committed.
- Penalty for the violation of a BPO: punishable for an
imprisonment of 30 days without prejudice to any other
criminal or civil action that the offended party may file for
any of the acts committed
- Where do you file a case of or violation of BPO: it should
be filed with the first level court that has territorial
jurisdiction over the barangay
- The first level court that is handling the case for violation
of a BPO may issue, upon motion or motuproprio
temporary.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
A judgment of violation of a BPO may be appealed according to
the Rules of Court. During trial and upon judgment, the trial
court may motuproprio issue a protection order as it deems
necessary without need of an application.
Violation of any provision of a TPO or PPO issued under this Act
shall constitute contempt of court punishable under Rule 71 of the
Rules of Court, without prejudice to any other criminal or civil
action that the offended party may file for any of the acts
committed.
(Cont.) R.A. NO. 9262, ANTI VAWC
The provision for the application for protection order or a
motion for the issuance of the temporary or permanent
protection order can be filed in a criminal case involving a
violation of this law.
Section 23. The court may order the accused to put up a bond
to keep the peace. In order to make sure that the accused
would no longer inflict violence against the victims.
- This is similar with light or grave threats in the RPC.
- Garcia vs Drilon: The trial court required the accused
to put up a bond of 1 million.
PRESCRIPTIVE PERIOD (Section 24):
a. Acts under Section 5(a- f) shall prescribe in 20 years
while
b. Acts falling under Section 5 (g- i) shall prescribe in 10
years.
NOTE: any violation under this law is considered a
public crime.
Section 26. Battered Woman Syndrome as a defense.
This requires repeated infliction of violence.
BWS is considered as a defect. It‘s likened to an
illness. If it comes to a point that the woman- victim starts to
blame herself whenever she‘s being battered as when instead
of getting mad at the man who batters her, she gets mad at
herself, that is a symptom that she is already suffering from
battered woman syndrome. Read the case of Pp. vs Genosa.
Three Stages of BWS:
1. Tension- building phase
2. Acute battering incident
3. Tranquil, loving
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Why does a woman suffering from BWS prefer to suffer in

silence? PROHIBITED DEFENSE (Section 27)
Being under the influence of alcohol, any illicit drug or any
a. Among others, the wife doesn‘t want to have a other mind- altering substance shall not be a defense under
broken family that‘s why as much as possible she‘d this Act.
just let her husband. - Intoxication- either mitigating or aggravating
b. The husband is the sole breadwinner of the family, - Influence of drugs- always aggravating
and there‘s no other person from whom the family
can rely on for living. Custody of Children is given to the woman victim

If a woman is found to be suffering from BWS, SHE DOESN’T
INCUR ANY CRIMINAL AND CIVIL LIABILITY,
notwithstanding the absence of any of the elements of the
Justifying Circumstance of self defense. Even in the absence of
the essential element of unlawful aggression, BWS can still be
used as a defense.
Pp vs Genosa
- The husband of Genosa here is the breadwinner of the
family. Every payday, he would usually go on a
drinking spree with his friends and would arrive
home drunk. Genosa who used to ask money to pay
for the expenses at home ended up getting beaten by
her drunk husband. She came to a point where she
could no longer take the battering and so she stabbed
her husband the next time he attempted to batter her
again.
Genosa was convicted of PARRICIDE, because this
law wasn‘t enacted yet at that time.
- Children below 7 years old or older but with mental
or physical disabilities shall automatically be given
to the mother with right to support, unless the court
finds compelling reasons to order otherwise.
- In no case shall custody be given to the perpetrator of
a woman who is suffering from BWS.
Section 30. The barangay officials and law enforcers should
immediately respond to a call for help or request for assistance,
or protection of the children by entering if necessary the house.
WON the protection order has been issued.
Arrest the suspected perpetrator even with or without warrant.
Otherwise such law enforcer can be charged, criminally, civilly
or administratively.
Section 31. Healthcare providers should likewise respond
immediately and submit reports.
Section 33. AMICABLE SETTLEMENT IS PROHIBITED.

Section 34 Persons intervening exempt from liability

The penalty for parricide was reclusion perpetua to
death. But because of the aggravating circumstances,
- Any person, private individual or police authority or
the TC convicted her of death hence the automatic
barangay official shall not be liable for any criminal,
review of the SC. At the SC she first raised the defense
civil or administrative liability resulting therefrom
of BWS (through her new counsel, Atty. Catherine
provided that such person, police authority or official
Legarda)

1. Was acting in accordance with law

Two ordinary mitigating was appreciated: Illness and
2. Responds or intervenes without using violence or
Pasion and Obfuscation. And so the SC lowered the
restraint greater than necessary to ensure the
penalty and she was granted parole because she
safety of the victim.
already served the minimum.

Section 43 Entitlement of Woman Victims to Work Leave up to

Judge D: You think the SC was correct? The answer is NO.
10 DAYS.
Because Reclusion Perpetua is indivisible and it cannot be
offset by any ordinary mitigating. Probably they ruled it RA 7610
that way out of mercy and also to give justice to Genosa. PROTECTION OF CHILDREN AGAINST ABUSE

NOTE: BWS is an issue which requires the testimony of an August 12, 2016
expert witness: either a psychologist or a psychiatrist.

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Child – persons below 18 or those over 18 but are unable to
fully take care/protect of themselvesfromb abuse due to
physical/mental disability or condition.
 -definition of a child here is copied in RA 9262
 -there must be proof that mental/physical disability
affects the victim; there must be
medical/psychological findings.
 -mere fact that the victim is suffering from a
physical/mental defect is not enough, there must be a
medical or psychological findings that such defect
would render the victim unable to defend himself
from abuse; People vsAbello March 25, 2009
Child Abuse – refers maltreatment whether habitual or not;
even if it is only a single act
Acts that constitute child abuse:
1. psychological and physical abuse
2. sexual abuse and emotional maltreatment
3. or an act by deeds or words which debases, degrades or
demeans the intrinsic worth and dignity of the child as a
human being.
- Includes unreasonable deprivation of the child‘s basic
needs for survival.
- Failure to give immediate medical treatment to a
child resulting in serious impairment of his growth
and development or his permanent incapacity or
death.
- Discipline administered by the parent towards a child
is not considered as cruelty, provided it is reasonable
in manner and moderate only, and does not result to
physical/psychological injury.
*Sec. 5 Child Prostitution and Other Sexual Abuse –
Children, whether male or female, who for money, profit, or
any other consideration or due to the coercion or influence of
any adult, syndicate or group, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in
prostitution and other sexual abuse.
*Persons liable:
a. Those who engage in or promote, facilitate or induce child
prostitution which include, but are not limited to, the
following:
(1) Acting as a procurer of a child prostitute;
(2) Inducing a person to be a client of a child
prostitute by means of written or oral advertisements or other
similar means;
(3) Taking advantage of influence or relationship to
procure a child as prostitute;
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
(4) Threatening or using violence towards a child to
engage him as a prostitute; or
(5) Giving monetary consideration goods or other
pecuniary benefit to a child with intent to engage such child in
prostitution.
b. Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to
other sexual abuse; Provided, That when the victims is under
twelve (12) years of age, the perpetrators shall be prosecuted
under Article 335, paragraph 3, for rape and Article 336 of Act
No. 3815, as amended, the Revised Penal Code, for rape or
lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve
(12) years of age shall be reclusion temporal in its medium
period; and
c. Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place of
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment.
Notes:
- Remember that child prostitution may also constitute
a violation of another related law which is trafficking
in persons, RA 9208; if the victim of the trafficking is a
child, then the same is qualified.
- What if the child is not a prostitute? Can the accused
be charged under sec.5? Yes, it would constitute other
sexual abuse, particularly seduction, which is having
sexual intercourse of a minor through inducement,
deceit or fraud. Hence, the accused can be charged
under sec.5 or under the revised penal code.
- Same goes with rape of a child under 12, he can either
be liable under sec.5 of this law, or under the revised
penal code; he cannot be charged with both.
If the accused had sexual intercourse with a minor who is not a
prostitute and he did not induce or deceive the minor nor exert
any influence. No force, threats, intimidation. Is he liable for
child abuse?
o SC said in Pp vs Olayon: Having sexual intercourse
with a minor is not a crime per se. What is punishable
is sexual abuse with a child. Child abuse is having
sexual intercourse with a child prostitute or by means
of inducement, enticement, influence, threat,
intimidation or force. If these circumstances are not
present and if the minor in her own volition had sex
with the accused, the court cannot be held liable for
child abuse.
Judge‘s opinion of the above ruling: There must be an
oversight for having a minor in your company in a hotel or in a
car which is heavily tinted is already a violation with this law.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
How much more if you have sexual intercourse with such
minor?
TN: To be liable for RA 7610, it must be proven that the minor
is a prostitute. If she is not a prostitute, it must be proven that
sex was thru force, intimidation or threat or any circumstances
which constitute rape; or due to enticement, inducement,
deceit or influence. Without these circumstances, the accused
cannot be held liable.
Pp vs Abay Feb 24, 2009: If the victim is 12 years or older, the
offender should be charged with either sexual abuse under
RA 7610 Section 5(b) or Rape under the RPC. If the child is
below 12, the offender shall be charged under the RPC.
Section 6. Attempt To Commit Child Prostitution. – There is an
attempt to commit child prostitution under Section 5,
paragraph (a) hereof when any person who, not being a
relative of a child, is found alone with the said child inside the
room or cubicle of a house, an inn, hotel, motel, pension house,
apartelle or other similar establishments, vessel, vehicle or any
other hidden or secluded area under circumstances which
would lead a reasonable person to believe that the child is
about to be exploited in prostitution and other sexual abuse.
 In special law, there are no attempted or frustrated
stages, unless the same is specifically provided or
penalized by law. In here, attempted is expressly
penalized.
 What will be your defense if you are with a child?
That he/she is your relative. Relationship is a
defense.
There is also an attempt to commit child prostitution, under
paragraph (b) of Section 5 hereof when any person is receiving
services from a child in a sauna parlor or bath, massage clinic,
health club and other similar establishments. A penalty lower
by two (2) degrees than that prescribed for the consummated
felony under Section 5 hereof shall be imposed upon the
principals of the attempt to commit the crime of child
prostitution under this Act, or, in the proper case, under the
Revised Penal Code.
ARTICLE IV
Child Trafficking
 Trafficking can be found in RA 9208 (Anti-Trafficking
in Pesons), as well as in this law, RA 7610
Section 7.Child Trafficking. – Any person who shall engage in
trading and dealing with children including, but not limited to,
the act of buying and selling of a child for money, or for any
other consideration, or barter, shall suffer the penalty of
reclusion temporal to reclusion perpetua. The penalty shall be
imposed in its maximum period when the victim is under
twelve (12) years of age.
 As you can observe here, the terms of penalty used
here come from the RPC, and so the rule is that, the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
provisions of the RPC shall also apply - such as
mitigating and aggravating circumstances.
 Child trafficking under 9208 is life imprisonment.
Here it is Reclusion Temporal to Perpetua
Section 8. Attempt to Commit Child Trafficking. – There is an
attempt to commit child trafficking under Section 7 of this Act:
(a) When a child travels alone to a foreign country
without valid reason therefor and without clearance issued by
the Department of Social Welfare and Development or written
permit or justification from the child's parents or legal
guardian;
(b) When a pregnant mother executes an affidavit of
consent for adoption for consideration;
(c) When a person, agency, establishment or child-caring
institution recruits women or couples to bear children for the
purpose of child trafficking; or
(d) When a doctor, hospital or clinic official or employee,
nurse, midwife, local civil registrar or any other person
simulates birth for the purpose of child trafficking; or
(e) When a person engages in the act of finding children
among low-income families, hospitals, clinics, nurseries, day-
care centers, or other child-during institutions who can be
offered for the purpose of child trafficking.
A penalty lower two (2) degrees than that prescribed for the
consummated felony under Section 7 hereof shall be imposed
upon the principals of the attempt to commit child trafficking
under this Act.
ARTICLE V
Obscene Publications and Indecent Shows
Section 9.Obscene Publications and Indecent Shows. – Any
person who shall hire, employ, use, persuade, induce or coerce
a child to perform in obscene exhibitions and indecent shows,
whether live or in video, or model in obscene publications or
pornographic materials or to sell or distribute the said
materials shall suffer the penalty of prision mayor in its
medium period.
 RA 9775 – Child Pornography. This is related to this
section.
 Even if the child is not the model or is not dancing,
but if you let him or her sell – that is child abuse.
If the child used as a performer, subject or seller/distributor is
below twelve (12) years of age, the penalty shall be imposed in
its maximum period.
Any ascendant, guardian, or person entrusted in any capacity
with the care of a child who shall cause and/or allow such
child to be employed or to participate in an obscene play,
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
scene, act, movie or show or in any other acts covered by this
section shall suffer the penalty of prision mayor in its medium
period.
ARTICLE VI
Other Acts of Abuse
Section 10.Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development. –those acts not mentioned in Sec 5-9 fall here.
(a) Any person who shall commit any other acts of child
abuse, cruelty or exploitation or to be responsible for other
conditions prejudicial to the child's development including
those covered by Article 59 of Presidential Decree No. 603, as
amended, but not covered by the Revised Penal Code, as
amended, shall suffer the penalty of prision mayor in its
minimum period.
 Inflicting physical injuries to the child fall here. That
is cruelty.
 Case: A child came home crying because she was
punched by the neighbor who is a child as well. The
father got mad and looked for the child who
punched and slapped that child. He was convicted in
the RTC of Child abuse. Is he liable for child abuse?
No, SC convicted him of slight physical injuries only. Not
every instance of laying hands on a child constitutes child
abuse. Only when the laying of hands is intended to
debase, degrade or demean the intrinsic worth and dignity
of the child as a human being should it be punished as
child abuse. Otherwise, it is only punishable under the
RPC.(Pp vs Bongalon, March 20, 2013)
 Case: A grade 1 pupil‘s teacher was sleeping for noon
break. The child and classmates were playing in the
room and accidentally hit the knee of the teacher. The
teacher ordered the child to ask for apology but the
child did not and kept quiet. Now, the teacher
pinched him and held him up his armpits and
pushed him to the desk causing the child to lose his
consciousness. The teacher continued and picked up
the student by his ears and banged him on the floor.
The teacher cited the case of Pp vs Bongalon. Does
her act constitute Child Abuse? (Pp vs Rosaldez GR
173988)
 Case: Teacher banged the heads of the student to
each other. One student died because of that. Is that
child cruelty? YES! (De Ocampo vs DOJ)
Section 10. Other Acts of Neglect, Abuse, Cruelty or
Exploitation and Other Conditions Prejudicial to the Child's
Development
(a) Any person who shall commit any other acts of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development including those covered
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by Article 59 of Presidential Decree No. 603, as amended, but
not covered by the RPC, as amended.
Article 59. Crimes. - Criminal liability shall attach to any
parent who:
1. Conceals or abandons the child with intent to make such
child lose his civil status.
2. Abandons the child under such circumstances as to deprive
him of the love, care and protection he needs.
3. Sells or abandons the child to another person for valuable
consideration.
4. Neglects the child by not giving him the education which
the family's station in life and financial conditions permit.
5. Fails or refuses, without justifiable grounds, to enroll the
child as required by Article 72.
6. Causes, abates, or permits the truancy of the child from the
school where he is enrolled. "Truancy" as here used means
absence without cause for more than twenty schooldays,
not necessarily consecutive.
7. It shall be the duty of the teacher in charge to report to the
parents the absences of the child the moment these exceed
five schooldays.
8. Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other acts
which are inimical to his interest and welfare.
9. Inflicts cruel and unusual punishment upon the child or
deliberately subjects him to indignation and other excessive
chastisement that embarrass or humiliate him.
10. Causes or encourages the child to lead an immoral or
dissolute life.
11. Permits the child to possess, handle or carry a deadly
weapon, regardless of its ownership.
(b) Any person who shall keep or have in his company a
minor, twelve (12) years or under or who in ten (10) years or
more his junior in any public or private place, hotel, motel,
beer joint, discotheque, cabaret, pension house, sauna or
massage parlor, beach and/or other tourist resort or similar
places.
Provided, That this provision shall not apply to any person
who is related within the fourth degree of consanguinity or
affinity or any bond recognized by law, local custom and
tradition or acts in the performance of a social, moral or legal
duty.
(c) Any person who shall induce, deliver or offer a minor to
any one prohibited by this Act to keep or have in his company
a minor as provided in the preceding paragraph.
Provided, however, That should the perpetrator be an
ascendant, stepparent or guardian of the minor, the penalty to
be imposed shall be in its maximum period and the loss of
parental authority over the minor.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

(d) Any person, owner, manager or one entrusted with the
operation of any public or private place of accommodation,
whether for occupancy, food, drink or otherwise, including
residential places, who allows any person to take along with
him to such place or places any minor.
(e) Any person who shall use, coerce, force or intimidate a
street child or any other child to;
1. Beg or use begging as a means of living;
2. Act as conduit or middlemen in drug trafficking or
pushing; or
3. Conduct any illegal activities, shall suffer the penalty of
prision correccional in its medium period to reclusion
perpetua.
In other words, they can be summarily closed, even without
court order by the DSWD.
Section 12. Employment of Children
Children below fifteen (15) years of age may be employed
EXCEPT:
(1) When a child works directly under the sole responsibility
of his parents or legal guardian and where only members of
the employer's family are employed.
Provided, however, That his employment neither
endangers his life, safety and health and morals, nor
impairs his normal development.

Provided, further, That the parent or legal guardian

For purposes of this Act, the penalty for the
shall provide the said minor child with the prescribed
commission of acts punishable under Articles 248, 249, 262,
primary and/or secondary education; or
paragraph 2, and 263, paragraph 1 of Act No. 3815, as
amended, the RPC, for the crimes of murder, homicide, other
(2) When a child's employment or participation in public &
intentional mutilation, and serious physical injuries,
entertainment or information through cinema, theater, radio
respectively, shall be reclusion perpetua when the victim is
or television is essential.
under twelve (12) years of age.
Provided, The employment contract concluded by the
The penalty for the commission of acts punishable
child's parent or guardian, with the express agreement of
under Article 337, 339, 340 and 341 of Act No. 3815, as
the child concerned, if possible, and the approval of the
amended, the RPC, for the crimes of qualified seduction, acts
DOLE.
of lasciviousness with the consent of the offended party,
corruption of minors, and white slave trade, respectively, Provided, That the ff. requirements in all instances are
shall be one (1) degree higher than that imposed by law when strictly complied with:
the victim is under twelve (12) years age.
(a) The employer shall ensure the protection, health,
So, being a minor is a qualifying circumstance. safety and morals of the child;
(b) the employer shall institute measures to prevent
Section 11. Sanctions of Establishments or Enterprises
the child's exploitation or discrimination taking
which Promote, Facilitate, or Conduct Activities
into account the system and level of
Constituting Child Prostitution and Other Sexual Abuse,
remuneration, and the duration and arrangement
Child Trafficking, Obscene Publications and Indecent
of working time; and;
Shows, and Other Acts of Abuse
(c) The employer shall formulate and implement,
All establishments and enterprises which promote or subject to the approval and supervision of
facilitate child prostitution and other sexual abuse, child competent authorities, a continuing program for
trafficking, obscene publications and indecent shows, and training and skill acquisition of the child.
other acts of abuse shall be immediately closed and their
In the above exceptional cases where any such child may be
authority or license to operate cancelled, without prejudice to
employed, the employer shall first secure, before engaging
the owner or manager thereof being prosecuted under this
such child, a work permit from the DOLE which shall ensure
Act and/or the RPC, as amended, or special laws. A sign with
observance of the above requirement.
the words "off limits" shall be conspicuously displayed
outside the establishments or enterprises by the DSWD for Section 12-A. Hours of Work
such period which shall not be less than one (1) year, as the
Department may determine. The unauthorized removal of (1) A child below fifteen (15) years of age may be allowed to
such sign shall be punishable by prision correccional. work for not more than twenty (20) hours a week: Provided,
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
That the work shall not be more than four (4) hours at any
given day;
(2) A child fifteen (15) years of age but below eighteen (18)
shall not be allowed to work for more than eight (8) hours a
day, and in no case beyond forty (40) hours a week;
(3) No child below fifteen (15) years of age shall be allowed to
work between eight o'clock in the evening and six o'clock in
the morning of the following day and no child fifteen (15)
years of age but below eighteen (18) shall be allowed to work
between ten o'clock in the evening and six o'clock in the
morning of the following day.
Section 12-B. Salary of the Child
The wages, salaries, earnings and other income of the
working child shall belong to him/her in ownership and shall
be set aside primarily for his/her support, education or skills
acquisition and secondarily to the collective needs of the
family: Provided, That not more than twenty percent (20%) of
the child's income may be used for the collective needs of the
family.
Sec. 12-C. Trust Fund to Preserve Part of the Working
Child's Income
The parent or legal guardian of a working child below
eighteen (18) years of age shall set up a trust fund for at least
thirty percent (30%) of the earnings of the child whose wages
and salaries from work and other income amount to at least
two hundred thousand pesos (P200,000.00) annually, for
which he/she shall render a semi-annual accounting of the
fund to the DOLE, in compliance with the provisions of this
Act.
The child shall have full control over the trust fund upon
reaching the age of majority.
Sec. 12-D. Prohibition Against Worst Forms of Child Labor
No child shall be engaged in the worst forms of child labor.
The phrase "worst forms of child labor" shall refer to any of the
following:
(1) All forms of slavery, as defined under the "Anti-
Trafficking in Persons Act of 2003", or practices similar to
slavery such as sale and trafficking of children, debt bondage
and serfdom and forced or compulsory labor, including
recruitment of children for use in armed conflict; or
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(2) The use, procuring, offering or exposing of a child for
prostitution, for the production of pornography or for
pornographic performances; or
(3) The use, procuring or offering of a child for illegal or illicit
activities, including the production and trafficking of
dangerous drugs and volatile substances prohibited under
existing laws; or
(4) Work which, by its nature or the circumstances in which it
is carried out, is hazardous or likely to be harmful to the
health, safety or morals of children, such that it:
a) Debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being; or
b) Exposes the child to physical, emotional or sexual
abuse, or is found to be highly stressful
psychologically or may prejudice morals; or
c) Is performed underground, underwater or at
dangerous heights; or
d) Involves the use of dangerous machinery,
equipment and tools such as power-driven or
explosive power-actuated tools; or
e) Exposes the child to physical danger such as, but not
limited to the dangerous feats of balancing, physical strength
or contortion, or which requires the manual transport of
heavy loads; or
f) Is performed in an unhealthy environment exposing the
child to hazardous working conditions, elements, substances,
co-agents or processes involving ionizing, radiation, fire,
flammable substances, noxious components and the like, or to
extreme temperatures, noise levels, or vibrations; or
g) Is performed under particularly difficult conditions; or
h) Exposes the child to biological agents such as bacteria,
fungi, viruses, protozoans, nematodes and other parasites; or
i) Involves the manufacture or handling of explosives and
other pyrotechnic products.
RA 7610
- More on the victim who is a minor
RA 9344
AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE
JUSTICE AND WELFARE SYSTEM, CREATING THE
JUVENILE JUSTICE AND WELFARE COUNCIL UNDER
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
THE DEPARTMENT OF JUSTICE, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES
- More on the offender who is a minor
Important words to TAKE NOTE:
Best interest of the child (memorizes or at least familiarize)
- the totality of the circumstances and conditions which
are most congenial to the survival, protection and
feelings of security of the child and most encouraging
to the child‘s physical, psychological and emotional
development. It also means the least detrimental
available alternative for safeguarding the growth and
development of the child.
Child
- limited to a person under the age of 18
- a person who is over 18 is not considered a child
under this law unlike in RA 7610 and RA 9262 and in
RA 9208
- so even if his mental age is like that of the child, he
cannot be considered a child under this law
Child at risk
- refers to a child who is vulnerable to and at the risk
of committing criminal offenses because of personal,
family and social circumstances, such as, but not
limited to, the following:
1) being abused by any person through sexual,
physical, psychological, mental, economic or
any other means and the parents or guardian
refuse, are unwilling, or unable to provide
protection for the child;
2) being exploited including sexually or
economically;
3) being abandoned or neglected, and after
diligent search and inquiry, the parent or
guardian cannot be found;
4) coming from a dysfunctional or broken
family or without a parent or guardian;
5) being out of school;
6) being a streetchild;
7) being a member of a gang;
8) living in a community with a high level of
criminality or drug abuse; and
9) living in situations of armed conflict.
Child in Conflict with the Law
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- refers to a child who is alleged as, accused of, or
adjudged as, having committed an offense
- So if a child committed a crime or is already
convicted, he is called a child in conflict of the law.
- If have not committed a crime yet but at risk of
committing a crime, he is called a child at risk.
Diversion
- Refers to an alternative, child-appropriate process of
determining the responsibility and treatment of a
child in conflict with the law on the basis of his/her
social, cultural, economic, psychological or
educational background without resorting to formal
court proceedings.
- In determining the guilt or innocence of the person,
we know that this is determined by the court. In
diversion, this is a process of knowing the
responsibility of the minor without undergoing court
proceedings. This refers to the process of knowing
whether or not a child who is alleged to have
committed a crime is indeed guilty but without going
to court.
- In our term, it is referred to as ―amicable settlement‖.
- What will you do in order for the child to realize that
he committed a crime and for the victim to be given
justice/satisfied?
 Return of the stolen item or ask
forgiveness/apology or let the child undergo
skills training including the parents. This is
what we call diversion program.
Diversion Program
- Refers to the program that the child in conflict with
the law is required to undergo after he/she is found
responsible for an offense without resorting to formal
court proceedings.
- You undergo court proceedings in order to determine
whether or not you committed a crime. Now, the
court will automatically render sentence. In diversion
program, the child is given sentence but the parties
agree how or what will be the program that the child
will undergo.
- So, diversion is the process of knowing the guilt of the
child. After knowing the responsibility of the child,
there is now a program.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

- Diversion is for the minor who committed a crime
with discernment. He is over 15 but under 18. He
undergoes diversion.
 If they cannot agree because the child will
insists that he did not commit the crime or if
he admits and he already sold the thing and
the parents won‘t pay and would insist on
putting the child in jail, the child will
undergo court proceedings. In other words,
diversion is similar with alternative mode of
dispute resolution.
- This is voluntary on the part of the victim, the minor
together with the parents.
 If the victim won‘t agree and would want
that the child be jailed, there will be no
diversion program.
- Any admission made by the child will not be used as
evidence against him.
 Example: There is diversion, then the child
admitted the crime. He promised to return
the stolen item and the parents also
promised to pay but they failed to do so,
then there will be court proceedings. The
admission then made by the child will not be
used against him.
Intervention
- Refers to a series of activities which are designed to
address issues that caused the child to commit an
offense. This is for the minors who are exempt from
liability. Who are these minors?
 Those 15 years and below
 Those who are over 15 but under 18 and
who acted without discernment
- What are these series of activities:
 Counselling
 Skill training
 Education
 And other activities that will enhance the
child‘s psychological, emotional and psycho-
social well-being.
o Such as spiritual enrichment
Recognizance
- Refers to an undertaking in lieu of a bond assumed by
a parent or custodian who shall be responsible for the
appearance in court of the child in conflict with the
law, when required.
- This is a promise undertaken by the parents to
present the minor in court whenever required by the
court or any responsible person.
Restorative Justice
- Refers to a principle which requires a process of
resolving conflicts with the maximum involvement of
the victim, the offender and the community.
- It seeks to obtain: (3 Rs)
1) reparation for the victim
2) reconciliation of the offender, the offended
and the community; and
3) reassurance to the offender that he can be
reintegrated into society.
- Example: Here in Cebu, we have ―Operation Second
Chance‖. In Argao, they have the Regional
Rehabilitation Center for Youth operated by the
DSWD.
Status Offenses- refers to offenses which discriminate only
against a child, while an adult does not suffer any penalty for
committing similar acts. These shall include curfew violations;
truancy, parental disobedience and the like.
- Ana act which is punishable by a minor but is not a
crime when committed by an adult
Bahay Pag-asa – it is a 24 hour child caring institution
established funded and managed by the local government
units and licensed and/or accredited non-governmental
organization providing a short term residential care for
children in conflict with the law who are awaiting the
disposition of their cases or transfer to another agency or
jurisdiction.
- Minors are placed here who are waiting for the
disposition of their cases.
- Operation Second Chance
Youth Rehabilitation Center – similar to Bahay Pag-asa
- This is managed by DSWD
SECTION 6. Minimum Age of Criminal Responsibility. - A
child fifteen (15) years of age or under at the time of the
commission of the offense shall be exempt from criminal
liability. However, the child shall be subjected to an
intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years
of age shall likewise be exempt from criminal liability and be

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

subjected to an intervention program, unless he/she has acted commit a crime, he shall be subjected to evaluation to
with discernment, in which case, such child shall be subjected determine if he acted with discernment with the
to the appropriate proceedings in accordance with this Act. DSWD.
- If he acted with discernment then he shall be charged
The exemption from criminal liability herein established does - The information must allege that he acted with
discernment and proved in trial
not include exemption from civil liability, which shall be
enforced in accordance with existing laws. The presumption is minority
- The face of the child
- Exactly 15 years old is exempt
- Deemed to be 15 years old on the day of his 15th Child in Conflict with the Law
birthday
- Intervention program refers to series of activities to The burden of proof
insure that the child will not anymore commit a crime - On the person who questions the minority of the child

To determine the age of the Child: SECTION 20. Children 15 years old and Below
- If 15 years old or below, he is exempt
- Initial contact (the one who arrested the child)
1. Birth Certificate
- If known that the child is under 15 then he shall be
2. Baptismal Certificate
released to his parents
3. Any document that will show the age of the child o He shall be subjected to intervention based
such as school records program because he cannot be imprisoned or
4. Testimonial Evidence in the absence of the charged
foregoing by the parents, classmates, friends, o It will be supervised by the local social
neighbours or even the child himself development officer or to welfare
- The LGUs are mandated to create "Bahay Pag-asa"
5. Physical Appearance of the Child
similar with Operation Second Chance
o 24 hour facility that would take care of the
If a case has already been filed in court and there is a doubt as
minor
to the age of the child, the court has to determine first the age
of the child if the adverse party would question the minority of Local Social Welfare Development Officer
the child or when the defense itself would file a motion to - Determines the appropriate program for the child
determine the age of the child. - If the parents or guardians cannot be located or refuse
to take custody of the child, the child shall be released
to:
1. Duly released to the non-
How to prevent Juvenile Delinquency: governmental (balay pasilonganan)
or religious organization
1. Family 2. Barangay Official or a member of
 One of the circumstances that cause child at risk is the Barangay council
3. Local social welfare development
a broken/dysfunctional family.
officer
 Basic unit of society 4. DSWD
2. School
3. Mass Media - If found to be dependent, abandoned, neglected and
4. Local Government abused by the parents and the best interest of the
child shall be placed in a Bahay Pag-asa, the parents
August 14, 2016 will be forced to execute an affidavit to give up their
parental authority
Minimum age of criminal liability is 15 years and under
Over 15 but under 18 could still be exempted if they acted Before, a child must be judicially declared to be abandoned.
without discernment - The DSWD must file a petition to the court to be
declared as an abandoned child
Discernment - Once declared abandoned he shall be open for adoption
- Capability to distinguish right from wrong
- Determined by psychologists Foundling:
- When a minor who is over 15 but below 18, would - Parents are unknown

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 CRIMINAL LAW REVIEW (Book 1)
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- Birth date is unknown
- Birthplace is unknown
- Given a Certificate of Foundling
Now, declaration of abandonment of a child is administrative
- DSWD can now declare child as abandoned
- If the child has no parents or guardian
- Petition for involuntary commitment shall be file by the
DSWD
- Minimum age for children committed to Bahay Pag-asa
is 12 years old
Children who are exempt but have committed heinous crimes:
- Over 12 up to 15 and who commits parricide, murder,
infanticide, kidnapping and serious illegal detention
where the victim is killed or raped, robbery with
homicide or rape, destructive arson, rape or car
napping where the driver or occupant is killed or
raped or offenses under RA 9165 punishable for more
than 12 years shall be deemed a neglected child under
PD 603 as amended and shall be mandatorily placed
in the Bahay Pag-asa in the Intensive Juvenile
Intervention and Support Center (IJISC)
- Proper petition for the IJISC shall be filed by the local
social welfare development officer where the offense
was committed or the DSWD social worker in the
absence of the LSWDO
- Commitment of the child shall not be less than 1 year
until such time that he is ready for integration into
society
SECTION 20-B. Repetition of Offenses
- A child who is above 12 years of age up to 15 years of
age and who commits for the second time or oftener,
provided that the child was previously subjected to
community based intervention program shall be
deemed a neglected child under PD 603 and shall
undergo an intensive intervention program
supervised by the local social welfare and
development officer. If the best interest of the child
requires, he shall be placed in a youth care facility or
Bahay Pag-asa. The child‘s parents shall execute a
written authorization for the commitment of the
child.
- If the child has no parents or if they refuse to execute
the proper authorization, a proper petition for
involuntary commitment shall be filed by the DSWD
with the court.
- Children who are exempt but are repeat offenders and
the crimes committed are not heinous are placed in
the Bahay Pag-asa
- Recidivist children
- They shall be declared abandoned
Section 20-C. Exploitation of Children for Commission of
Crimes
- aggravating circumstance
- using minor in the commission of the crime
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- any person, who in the commission of a crime, makes
use, takes advantage or profits from the use of
children including any person who abuses his
authority over the child or who with the abuse of
confidence takes advantage of the vulnerability of the
child and shall induce, threaten or instigate the
commission of the crime, the maximum penalty of the
crime shall be imposed.
Section 20-D. Joint Parental Responsibility
- Multi disciplinary team
- The court may require the parents to undergo
counselling or any other intervention that in the
opinion of the court, would advance the welfare and
best interest of the child
- Parents shall mean:
1. Biological parents of the child
2. Adoptive parents of the child
3. Individuals who have custody of the child
- The parents shall be liable for damages unless they
prove, to the satisfaction of the court, that they were
exercising reasonable
- Due diligence of the parents or else they will be civilly
liable
SECTION 21. Procedure for Taking the Child into Custody. —
From the moment a child is taken into custody, the law enforcement
officer shall:
(e) Avoid displaying or using any firearm, weapon, handcuffs or
another instruments of force or restraint, unless absolutely necessary
and only after all other methods of control have been exhausted and
have failed;
(i) Immediately but not later than eight (8) hours after apprehension,
turn over custody of the child to the Social Welfare and Development
Office or other accredited NGOs, and notify the child's
parents/guardians and Public Attorneys' Office of the child's
apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(j) Take the child immediately to the proper medical and health officer
for a thorough physical and mental examination. The examination
results shall be kept confidential unless otherwise ordered by the
Family Court. Whenever the medical treatment is required, steps
shall be immediately undertaken to provide the same;
SECTION 22. Duties During Initial Investigation.
(a) Proceed in accordance with Section 20 if the child is fifteen
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(15) years or below or above fifteen (15) but below eighteen
(18) years old, who acted without discernment; and
- Right after the apprehension of the child, especially if
he is over 15 the social worker shall conduct an
assessment to determine the appropriate
interventions and whether the child aced with
discernment using the discernment assessment tools
developed by the DSWD
- If the child caught is over 15, there must be findings
from the DSWD as to whether the child acted with
discernment or not
- If the child is 15 years old or below, there must be
intervention
(b) If the child is above fifteen (15) years old below eighteen
(18) and who acted with discernment, proceed to diversion
under the following chapter.
- Diversion is the alternative process of determining
the guilt of the accused without going to court or
without going to trial
- Subject to diversion
CHAPTER 2
Diversion
SECTION 23. System of Diversion. — Children in conflict with the
law shall undergo diversion programs without undergoing court
proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committed is not more
than six (6) years imprisonment, the law enforcement officer or
Punong Barangay with the assistance of the local social welfare and
development officer or other members of the LCPC shall conduct
mediation, family conferencing and conciliation and, where
appropriate, adopt indigenous modes of conflict resolution in
accordance with the best interest of the child with a view to
accomplishing the objectives of restorative justice and the
formulation of a diversion program. The child and his/her family
shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than
six (6) years imprisonment, the local social welfare and development
officer shall meet with the child and his/her parents or guardians for
the development of the appropriate diversion and rehabilitation
program, in coordination with the BCPC;
(c) Where the imposable penalty for the crime committed exceeds six
(6) years imprisonment, diversion measures may be resorted to only
by the court.
- Where does the diversion proceedings start? It starts with
the law enforcement level – the police. Then in the
barangay level. Then if it is filed in court, the fiscal will still
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
conduct diversion proceedings. If they do not agree with
the fiscal, then with the court.
EX: Once a child is caught snatching, he is subjected to
diversion (or amicable settlement). If he is caught in the
act, he is asked to ask for forgiveness. If he got an item, for
example a cellphone, then he would be asked where he
gave or sold the cellphone. They would then undergo
counseling with their parents.
- Diversion is only voluntary
- If the parties come to an agreement but the child would not
follow or the parents would not follow, then a case will be
filed in court
- If the diversion proceedings failed because:
 The child does not agree on diversion; or
 The offended party does not agree to diversion; or
 The parents does not agree to diversion; or
 They agree but later on the parents did not comply
with the program then the case will be filed in court for
court proceedings.
- Once the parties can agree then there shall be the so-called
diversion program.
- For those cases, which are punishable by more than 6
years, the court shall only conduct the diversion
proceedings.
- What consists of the diversion program? Under Section 31.
SECTION 31. Kinds of Diversion Programs. — The diversion
program shall include adequate socio-cultural and psychological
responses and services for the child. At the different stages where
diversion may be resorted to, the following diversion programs may
be agreed upon, such as, but not limited to:
(a) At the level of the Punong Barangay:
(1) Restitution of property;
(2) Reparation of the damage caused;
(3) Indemnification for consequential damages;
(4) Written or oral apology;
(5) Care, guidance and supervision orders;
(6) Counseling for the child in conflict with the law and the
child's family;
(7) Attendance in trainings, seminars and lectures on:
(i) Anger management skills;
(ii) Problem solving and/or conflict resolution skills;
(iii) Values formation; and
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(iv) Otherskills which will aid the child in dealing with
situations which can lead to repetition of the offense;
(8) Participation in available community-based programs,
including community service; or
(9) Participation in education, vocation and life skills programs
- Diversion is the process; diversion program is what they
have come to agree upon.
- If the diversion fails, then the court shall hear the case. The
minor who is found to have acted with discernment shall
be subjected to court proceedings.
CHAPTER 4
Court Proceedings
SECTION 34. Bail. — For purpose of recommending the amount of
bail, the privileged mitigating circumstance of minority shall be
considered.
- Detention of the minor should be the last recourse. As
much as possible, the minor should not be detained.
- This is an example of the Positivist theory. The welfare of
the offender is thought of.
- The bail of the minor should be lower because of his
minority.
SECTION 35. Release on Recognizance. — Where a child is
detained, the court shall order:
(a) The release of the minor or recognizance to his/her parents and
other suitable persons;
(b) The release of the child in conflict with the law on bail; or
(c) The transfer of the minor to a youth detention home/youth
rehabilitation center.
The court shall not order the detention of a child in a jail pending
trial or hearing of his/her case.
- If possible, no bail shall be required in releasing the minor
but instead he shall be released on recognizance.
- Recognizance: promise that the minor shall be presented in
court whenever the court would require his presence
- This is not available in all cases. This is only available to
minor cases.
- Who promises that the minor will be presented when
needed?
1. Parents; or
2. Responsible members of the community such as the
Barangay Captain; or
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
3. If he cannot put up bail or released on recognizance –
he will placed at BahayPag-asa or youth rehabilitation
center
- Why are they not placed in a jail for adults? The minors
might be influenced.
SECTION 36. Detention of the Child Pending Trial.
- The detention of the child shall only be done as a last resort
SECTION 38. Automatic Suspension of Sentence. — Once the child
who is under eighteen (18) years of age at the time of the commission
of the offense is found guilty of the offense charged, the court shall
determine and ascertain any civil liability which may have resulted
from the offense committed. However, instead of pronouncing the
judgment of conviction, the court shall place the child in conflict
with the law under suspended sentence, without need of application:
Provided, however, That suspension of sentence shall still be applied
even if the juvenile is already eighteen years (18) of age or more at
the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various
circumstances of the child, the court shall impose the appropriate
disposition measures as provided in the Supreme Court Rule on
Juveniles in Conflict with the Law.
- Reckoning period is at the time of the commission of the
offense
- Suspended sentence: the minor will be sentenced if he is
guilty and the service of his sentence shall be suspended
- Instead of requiring him to serve his sentence, the minor
shall be brought to a rehabilitation center where he shall
stay for a certain period of time but before reaching 21
- If he will be pronounced guilty by the court, he will not be
told to serve his sentence but instead he will be placed in a
youth rehabilitation center
- What does the minor do in a youth rehabilitation center?
He will be observed, rehabilitated. The rehabilitation center
personnel submit a monthly progress report to the court
and states whether the minor is rehabilitated or not.
- The court will cite a period for as long as it would not
exceed 21.
- If the report of the rehabilitation center is favorable, the
case of the minor shall be dismissed. As if he did not
commit any crime.
- Suppose the minor is already at age, over 18 at the time of
the promulgation can he still avail of the benefit of
suspended sentence? Yes, provided that he is not yet 21
years old or over at the time of promulgation.
SECTION 51. Confinement of Convicted Children in Agricultural
Camps and other Training Facilities. — A child in conflict with the
law may, after conviction and upon order of the court, be made to
serve his/her sentence, in lieu of confinement in a regular penal
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
institution, in an agricultural camp and other training facilities that
may be established, maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD.
- If he was a minor at the time he committed the crime but at
the time of the promulgation he is already over 21. What
should be done with the offender? He shall be detained or
required to serve his sentence in an agricultural camp,
which is jointly managed, by the Bureau of Correction and
DSWD.
- What about those minors who committed heinous crime,
can they also enjoy suspended sentence? Yes, suspended
sentence also applies to cases punishable by reclusion
perpetua or life sentence. (PpvsSarcia, September 10, 2009)
SECTION 39. Discharge of the Child in Conflict with the Law. —
Upon the recommendation of the social worker who has custody of
the child, the court shall dismiss the case against the child whose
sentence has been suspended and against whom disposition measures
have been issued, and shall order the final discharge of the child if it
finds that the objective of the disposition measures have been
fulfilled.
The discharge of the child in conflict with the law shall not affect the
civil liability resulting from the commission of the offense, which
shall be enforced in accordance with law.
- Suppose the report of the rehabilitation center where the
child convicted of a crime is unfavorable, what should the
court do? If the child is found to be incorrigible (he has not
rehabilitated) then he shall be brought to the court and he
shall now be required to serve his sentence.
- The benefit of suspended sentence is automatic. Unlike in
probation, there is no need for the minor to apply. The
court handling the case during promulgation and upon
termination of the case, that the minor is still 21 years or
below shall suspend the sentence. There is no need for
application.
- The benefits under RA 9344 can only be enjoyed by a
person who is a minor by the time of the commission of the
crime. The use of the term minor is limited, it only refers to
a person who is below 18. It does not cover a person above
18 at the time of the commission of the crime, although his
mental age is equivalent to that of a minor. Unlike in RA
7610 and RA 9262, the term minor covers a person over 18
but unable to protect themselves. (Ppvs Rojas, June 4, 2014)
It is not based on the mental age of the accused.
SECTION 41. Credit in Service of Sentence. — The child in conflict
with the law shall be credited in the services of his/her sentence with
the full time spent in actual commitment and detention under this
Act.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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- Those minors whose cases are still pending will be placed
in the rehabilitation center for youth offenders. The time
served will be credited to their sentence.
SECTION 42. Probation as an Alternative to Imprisonment. — The
court may, after it shall have convicted and sentenced a child in
conflict with the law, and upon application at any time, place the
child, on probation in lieu of service of his/her sentence taking into
account the best interest of the child. For this purpose, Section 4 of
Presidential Decree No. 968, otherwise known as the "Probation Law
of 1976," is hereby amended accordingly.
- Those minors who are serving sentence since they were not
rehabilitated they can apply for probation.
- As a general rule, one applies for probation during the
period for appeal. But the rule is different as regards a
minor because the minor can apply for probation anytime.
- We all know that we can only apply for probation if the
sentence imposed is 6 years but under RA 9165 the
probation that can be applied for can be availed even if the
sentence imposed is over 6years, except when the charge is
for selling. Even if one is sentenced to 20 years
imprisonment under RA 9165, for as long as it is not
selling, one can apply for probation.
Section 43 The records and proceedings of the case of the child
in conflict with the law shall be CONFIDENTIAL.
- A person who has been in conflict with the law as a
child shall not be held under any provision of law, to
be guilty of perjury or of concealment or
misrepresentation by reason of his/her failure to
acknowledge the case or recite any fact related thereto
in response to any inquiry made to him/her for any
purpose.
Section 57 STATUS OFFENSES
- An act which is considered a crime when committed
by a minor but when the same act is committed by an
adult, it is not a crime.
Section 57- A Violations of Local Ordinances
- Ordinances enacted by local government concerning
juvenile status offenses shall be for the protection of
children. NO PENALTY SHALL BE IMPOSED ON
CHILDREN FOR SAID VIOLATIONS and they
shall instead be brought to their residence or to any
barangay official at the barangay hall to be released to
the custody of their parents.
This includes:
1. Curfew violations
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

2. Light offenses and misdemeanors against public

order or safety like
a. Disorderly conduct
b. Public Scandal
Elements:
c. Harassment
d. Drunkenness 1. ACTS OF TRAFFICKING
e. Public Intoxication - refers to the recruitment, transportation, transfer
f. Criminal Nuisance or harboring, or receipt of persons with or
g. Vandalism without the victim‘s consent or knowledge,
h. Gambling within or across national borders;
i. Mendicancy
j. Littering 2. MEANS OF COMMITTING
k. Public Urination and - by means of threat or use of force, or other forms
l. Trespassing of coercion, abduction, fraud, deception, abuse of
3. Anti- Smoking and anti drinking laws power or of position, taking advantage of the
4. Parental disobedience and vulnerability of the person, or, the giving or
5. Truancy receiving of payments or benefits to achieve the
consent of a person having control over another
- Appropriate intervention programs shall be provided person;
for in such ordinances. The child shall also be
recorded as a ―child at risk‖ and not as a ―child in 3. EXPLOITATIVE PURPOSE
conflict with the law‖. - for the purpose of exploitation which includes at
a minimum, the exploitation or the
- The ordinance shall also provide for intervention
programs such as counselling, attendance in group a. prostitution of others or other forms of
activities for children and for the parents, attendance sexual exploitation,
b. forced labor or services,
in parenting education seminars.
c. slavery,
d. servitude or
Question: Under Section 57 could there be a penalty e. the removal or sale of organs.
imposed on the parents?
- there is still trafficking in person even if the victim is told that
Judge D: Yes. Neglecting the children is a form of Child the work she‘s employed is for prostitution; there is trafficking
Abuse. See Sec 3a of RA 7610, Child Abuse. That is why in person with or without the consent of the victim
there is now a pending bill in Congress to penalize parents
for neglect of children. -if there is deceit on part of the recruiter, in addition to
trafficking in person, there can also be estafa if a person made
R.A.NO 9208 it look that he has authority to recruit when in fact he is not.
ANTI- TRAFFICKING IN PERSONS ACT of 2003, as
-if one recruiting does not have license to recruit, then that is
amended by RA No. 10364
also another violation of another special penal law of illegal
- This was amended sometime in 2012 recruitment either in a large scale or by a syndicate as the case
may be.
Trafficking in Person
-the purpose must be for exploitation; suppose the purpose of
the recruitment is legal and then later on due to actions or own
- This is like modern day slavery.
volition of the recruited person she became a prostitute or
- This is one of the borderless crimes, like piracy. engaged in prostitution, is the trafficker liable? No, because the
purpose was legal.
The recruitment, transportation, transfer, harboring or receipt
of a child for the purpose of exploitation shall also be Forced labor – this refers to the extraction of work or services
considered as ―trafficking in persons‖ even if it does not from any person by means of enticement, violence,
involve any of the means set forth in the preceding paragraph. intimidation, threat or use of force or coercion, including
deprivation of freedom abuse of authority or moral

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
ascendancy; debt bondage or deception including any work or
services instructed from any person under the menace of
penalty.
Debt bondage – when the debtor works as payment for a debt
or security, but the length, nature, or value of services is not
defined towards the liquidation of the debt.
Sex Tourism – refers to a program organized by travel and
tourism related establishments and individuals which consists
of tourism packages or activities utilizing and offering escort
and sexual services as enticement for tourists; this includes
sexual services and practices offered during rest and recreation
periods for members of the military.
Acts of trafficking of persons:
a. to recruit/obtain/hire/provide/offer/transfer/maintain/
harbor/receive a person by any means including those done
under the pretext of domestic of domestic or overseas
employment or training or apprenticeship for purposes of
pornography, prostitution or sexual exploitation.
b. to introduce or match for money/profit/material/economic
or other consideration to any person (mail order bride)
c. offer/contract marriage either real or simulated, for purpose
of acquiring, buying, selling, or trading them for prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage
d. to recruit/hire/transfer/transport/obtain/harbor/offer/
provide/receive or abduct a person by means of threat or use
of force/fraud/deceit/violence/coercion or intimidation for
purpose of removal or sale of organs of a person, including
blood.
e. to recruit/transport etc., receive or adopt a child to engage
in armed activities in the Philippines or abroad.
f. to recruit/transfer/transport etc., a person by means defined
in section 3 of this act, for purposes of forced labor, debt
bondage or in a scheme to make a person believe that if he did
not perform such labor/services he/she or another person
shall suffer physical harm or restrain.
g. to recruit/transfer/harbor etc., a child for purposes of
exploitation or treating them including but not limited to the
act of bearing or selling the child for any consideration/barter
for purposes of exploitation;
h. use or procuring/offering of a child for the production and
trafficking of drugs
i. use or procuring of a child for illegal activities or work by
nature of which is likely to harm their safety/morals or health
j. organize or direct other persons to commit offenses defined
as acts of trafficking
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
-as a general rule, there is no attempted stage in special penal
laws; however as an exception, if the law itself defines an
attempted stage.
Attempted trafficking of persons – where there are acts to
initiate the commission of a trafficking offense but the offender
failed to or did not execute all elements of the crime by
accident or by reason of some cause other than voluntary
desistance such overt acts shall be deemed as an attempt to
commit an act of trafficking of persons
In cases where the victim is a child, any of the following acts
are deemed as attempted trafficking of persons:
a. facilitating the travel of a child who travels alone to a foreign
country without valid reasons;
b. executing for consideration an affidavit of consent for
adoption, the purpose of which is for exploitation of said child;
the parents can be held liable for attempted trafficking;
c. recruiting a woman to bear a child for the purpose of selling
the same;
d. simulating the birth for purpose of selling the child;
doctor/nurse/midwife assisting in such simulation is liable for
attempted trafficking;
e. soliciting a child and acquiring the custody thereof through
any means from among hospitals, clinics nurseries, daycare
centers for purpose of selling a child;
-whoever knowingly aids, abets or cooperates in the execution
of the offense by previous or simultaneous acts such as
furnishing shelter to the trafficked person shall be considered
as an accomplice.
-whoever has knowledge to the commission of the crime and
without having participated therein as principal/accomplice
take part in its commission in any of the ff. manners: a.
profiting themselves; b. by concealing/destroying the body of
the crime; c.harboring/concealing the escape of the principal
(refer to article 19)
Section 5.Acts that Promote Trafficking in Persons. – The
following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any
house, building or establishment for the purpose of promoting
trafficking in persons;
(b) To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration stickers,
overseas employment certificates or other certificates of any
government agency which issues these certificates, decals and
such other markers as proof of compliance with government
regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(c) To advertise, publish, print, broadcast or distribute, or
cause the advertisement, publication, printing, broadcasting or
distribution by any means, including the use of information
technology and the internet, of any brochure, flyer, or any
propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for
purposes of facilitating the acquisition of clearances and
necessary exit documents from government agencies that are
mandated to provide pre-departure registration and services
for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons
from/to the country at international and local airports,
territorial boundaries and seaports who are in possession of
unissued, tampered or fraudulent travel documents for the
purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of trafficked
persons in furtherance of trafficking or to prevent them from
leaving the country or seeking redress from the government or
appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make
use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.
(h) To tamper with, destroy, or cause the destruction of
evidence, or to influence or attempt to influence witnesses, in
an investigation or prosecution of a case under this Act;
(i) To destroy, conceal, remove, confiscate or possess, or
attempt to destroy, conceal, remove, confiscate or possess, any
actual or purported passport or other travel, immigration or
working permit or document, or any other actual or purported
government identification, of any person in order to prevent or
restrict, or attempt to prevent or restrict, without lawful
authority, the person‘s liberty to move or travel in order to
maintain the labor or services of that person; or
(j) To utilize his or her office to impede the investigation,
prosecution or execution of lawful orders in a case under this
Act.
Section 6.Qualified Trafficking in Persons. – The following are
considered as qualified trafficking:
 Take note of these because this will probably be asked
in the bar to be enumerated. At least 5.
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No.
8043, otherwise known as the ―Inter-Country Adoption Act of
1995‖ and said adoption is for the purpose of prostitution,
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate if
carried out by a group of three (3) or more persons conspiring
or confederating with one another. It is deemed committed in
large scale if committed against three (3) or more persons,
individually or as a group;
 Syndicate refers to the number of offenders
 Large scale refers to the number of victims
(d) When the offender is a spouse, an ascendant, parent,
sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public
officer or employee;
(e) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
 A pimp who offers a trafficked person to a general is
liable for qualified trafficking
(f) When the offender is a member of the military or law
enforcement agencies;
 So a general may be liable for qualified trafficking if
he avails of the services of the ―pimp‖ above
 Law enforcement agencies – NBI, PDEA
(g) When by reason or on occasion of the act of trafficking in
persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency Virus
(HIV) or the Acquired Immune Deficiency Syndrome (AIDS);
 If a person is afflicted with Syphilis or Gonorrhea,
that is NOT considered qualified. What qualifies is
HIV or AIDS.
(h) When the offender commits one or more violations of
Section 4 over a period of sixty (60) or more days, whether
those days are continuous or not; and
(i) When the offender directs or through another manages the
trafficking victim in carrying out the exploitative purpose of
trafficking.
SEC. 7.Confidentiality. – At any stage of the investigation,
rescue, prosecution and trial of an offense under this Act, law
enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners, as well as parties to
the case, shall protect the right to privacy of the trafficked
person. Towards this end, law enforcement officers,
prosecutors and judges to whom the complaint has been
referred may, whenever necessary to ensure a fair and
impartial proceeding, and after considering all circumstances
for the best interest of the parties, order a closed-door
investigation, prosecution or trial. The name and personal
circumstances of the trafficked person or any other information
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
tending to establish the identity of the trafficked person and
his or her family shall not be disclosed to the public.
It shall be unlawful for any editor, publisher, and reporter or
columnist in case of printed materials, announcer or producer
in case of television and radio, producer and director of a film
in case of the movie industry, or any person utilizing tri-media
facilities or electronic information technology to cause
publicity of the name, personal circumstances, or any
information tending to establish the identity of the trafficked
person except when the trafficked person in a written
statement duly notarized knowingly, voluntarily and willingly
waives said confidentiality.
Law enforcement officers, prosecutors, judges, court personnel,
social workers and medical practitioners shall be trained on the
importance of maintaining confidentiality as a means to
protect the right to privacy of victims and to encourage victims
to file complaints.
 The name of the accused may be divulged. (in the old
law, the accused was confidential)
 The offended party or her family‘s name shall be
confidential.
 Confidentiality can be waived by the offended party
only thru a written statement duly notarized. It
cannot be done orally.
SEC. 8.Initiation and Prosecution of Cases. –
 This is important!
(a) Initiation of Investigation. – Law enforcement agencies are
mandated to immediately initiate investigation and counter-
trafficking-intelligence gathering upon receipt of statements or
affidavit from victims of trafficking, migrant workers, or their
families who are in possession of knowledge or information
about trafficking in persons cases.
(b) Prosecution of Cases. – Any person who has personal
knowledge of the commission of any offense under this Act,
such as the trafficked person, the parents, spouse, siblings,
children or legal guardian may file a complaint for trafficking.
 So trafficking is a public crime
(c) Affidavit of Desistance. – Cases involving trafficking in
persons should not be dismissed based on the affidavit of
desistance executed by the victims or their parents or legal
guardians. Public and private prosecutors are directed to
oppose and manifest objections to motions for dismissal.
 This cannot be compromised.
Any act involving the means provided in this Act or any
attempt thereof for the purpose of securing an Affidavit of
Desistance from the complainant shall be punishable under
this Act.
 Look at the penalties. You don‘t have to memorize,
just so you know how serious the offense is. It is
imprisonment of 20 years.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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Section 9.Venue. – A criminal action arising from violation of
this Act shall be filed where the offense was committed, or
where any of its elements occurred, or where the trafficked
person actually resides at the time of the commission of the
offense: Provided, That the court where the criminal action is
first filed shall acquire jurisdiction to the exclusion of other
courts.
SEC. 11.Use of Trafficked Persons. – Any person who buys or
engages the services of a trafficked person for prostitution
shall be penalized with the following: Provided, That the
Probation Law (Presidential Decree No. 968) shall not apply:
(a) PrisionCorreccional in its maximum period to prision
mayor or six (6) years to twelve (12) years imprisonment and a
fine of not less than Fifty thousand pesos (P50,000.00) but not
more than One hundred thousand pesos (P100,000.00):
Provided, however, That the following acts shall be exempted
thereto:
(1) If an offense under paragraph (a) involves sexual
intercourse or lascivious conduct with a child, the penalty
shall be reclusion temporal in its medium period to
reclusion perpetua or seventeen (17) years to forty (40)
years imprisonment and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than
One million pesos (P1,000,000.00);
(2) If an offense under paragraph (a) involves carnal
knowledge of, or sexual intercourse with, a male or
female trafficking victim and also involves the use of
force or intimidation, to a victim deprived of reason or to
an unconscious victim, or a victim under twelve (12)
years of age, instead of the penalty prescribed in the
subparagraph above the penalty shall be a fine of not less
than One million pesos (P1,000,000.00) but not more than
Five million pesos (P5,000,000.00) and imprisonment of
reclusion perpetua or forty (40) years imprisonment with
no possibility of parole; except that if a person violating
paragraph (a) of this section knows the person that
provided prostitution services is in fact a victim of
trafficking, the offender shall not be likewise penalized
under this section but under Section 10 as a person
violating Section 4; and if in committing such an offense,
the offender also knows a qualifying circumstance for
trafficking, the offender shall be penalized under Section
10 for qualified trafficking. If in violating this section the
offender also violates Section 4, the offender shall be
penalized under Section 10 and, if applicable, for qualified
trafficking instead of under this section;
 This is another aggravating circumstance. (those
underscored and made Bold)
 ―and if in committing such an offense, the offender
also knows a qualifying circumstance for trafficking,
the offender shall be penalized under Section 10 for
qualified trafficking.‖ – if you knew that the
prostitute is a trafficked victim, then you are also
liable for qualified trafficking
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(b) Deportation. – If a foreigner commits any offense described
by paragraph (1) or (2) of this section or violates any pertinent
provision of this Act as an accomplice or accessory to, or by
attempting any such offense, he or she shall be immediately
deported after serving his or her sentence and be barred
permanently from entering the country; and
(c) Public Official. – If the offender is a public official, he or she
shall be dismissed from service and shall suffer perpetual
absolute disqualification to hold public, office, in addition to
any imprisonment or fine received pursuant to any other
provision of this Act.‖
SEC. 12.Prescriptive Period.
 It is 10 years
 If by a syndicate or in large scale, or if against a child
– 20 yrs
 Prescriptive period starts to run: from the day on
which the trafficked person is delivered or released
from the conditions of bondage, or in the case of a
child victim, from the day the child reaches the age of
majority, and shall be interrupted by the filing of the
complaint or information and shall commence to run
again when the proceedings terminate without the
accused being convicted or acquitted or are
unjustifiably stopped for any reason not imputable to
the accused.
SEC. 16.Programs that Address Trafficking in Persons. – just
read them.
SEC. 16-A. Anti-Trafficking in Persons Database. – An anti-
trafficking in persons central database shall be established by
the Inter-Agency Council Against Trafficking (IACAT)
 Group that is tasked to monitory trafficking
SEC. 17.Legal Protection to Trafficked Persons.
 Trafficked persons shall be recognized as victims;
they shall not be charged for prostitution
SEC. 17-B. Irrelevance of Past Sexual Behavior, Opinion
Thereof or Reputation of Victims and of Consent of Victims in
Cases of Deception, Coercion and Other Prohibited Means. –
The past sexual behavior or the sexual predisposition of a
trafficked person shall be considered inadmissible in
evidence for the purpose of proving consent of the victim to
engage in sexual behavior, or to prove the predisposition,
sexual or otherwise, of a trafficked person.Furthermore, the
consent of a victim of trafficking to the intended exploitation
shall be irrelevant where any of the means set forth in Section
3(a) of this Act has been used
 This is for evidentiary purpose
SEC. 17-C. Immunity from Suit, Prohibited Acts and Injunctive
Remedies. – No action or suit shall be brought, instituted or
maintained in any court or tribunal or before any other
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
authority against any: (a) law enforcement officer; (b) social
worker; or (c) person acting in compliance with a lawful order
from any of the above, for lawful acts done or statements made
during an authorized rescue operation, recovery or
rehabilitation/intervention, or an investigation or prosecution
of an anti-trafficking case: Provided, That such acts shall have
been made in good faith.
Xxx
It shall be prohibited for the DFA, the DOLE, and the POEA
officials, law enforcement officers, prosecutors and judges to
urge complainants to abandon their criminal, civil and
administrative complaints for trafficking.
 So there shall be no compromise agreements allowed
The remedies of injunction and attachment of properties of the
traffickers, illegal recruiters and persons involved in trafficking
may be issued motuproprio by judges.
SEC. 26-A. Extra-Territorial Jurisdiction. – The State shall
exercise jurisdiction over any act defined and penalized under
this Act, even if committed outside the Philippines and
whether or not such act or acts constitute an offense at the
place of commission, the crime being a continuing offense,
having been commenced in the Philippines and other elements
having been committed in another country, if the suspect or
accused:
(a) Is a Filipino citizen; or
(b) Is a permanent resident of the Philippines; or
(c) Has committed the act against a citizen of the Philippines.
No prosecution may be commenced against a person under
this section if a foreign government, in accordance with
jurisdiction recognized by the Philippines, has prosecuted or is
prosecuting such person for the conduct constituting such
offense, except upon the approval of the Secretary of Justice.
The government may surrender or extradite persons accused
of trafficking in the Philippines to the appropriate international
court if any, or to another State pursuant to the applicable
extradition laws and treaties.
 Phils has extraterritorial jurisdiction. Provided we
have jurisdiction over the person.
 Ex: A Japanese houses a trafficked woman in Japan.
Our courts have no jurisdiction of the Japanese. We
only have jurisdiction over the Filipino who recruited
the offended.
 In New Zealand prostitution is legal. If the victim
from the Phils is brought to New Zealand, the
accused may be prosecuted by our courts (provided
he is any of the following above.
Trafficking in Persons case:
- PP vs Casio, GR. No. 211645, 12/3/2014
Cebu case
- PP vs Lalli, et al., GR No. 195419, 10/12/2011
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
The victim here was recruited as an entertainer in a
restaurant in Malaysia but she ended up in a prostitution
den.
RA 9165
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
Purpose:
Minimize, if not eliminate, drug trade as well as drug
addiction.
SC:
Drug addiction is one of the most pernicious evils that has ever
crept into our society.
Definitions
 Chemical Diversion
The sale, distribution, supply or transport of legitimately
imported, intransit, manufactured or procured controlled
precursors and essential chemicals, in diluted, mixtures or
in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include
packaging, repackaging, labeling, relabeling or
concealment of such transaction through fraud,
destruction of documents, fraudulent use of permits,
misdeclaration, use of front companies or mail fraud.
 Clandestine Laboratory
Any facility used for the illegal manufacture of any
dangerous drug and/or controlled precursor and essential
chemical.
 Screening Test
A rapid test performed to establish potential or
presumptive positive result.
 Confirmatory Test
An analytical test using a device, tool or equipment with a
different chemical or physical principle that is more
specific which will validate and confirm the result of the
screening test.
If the result of the confirmatory test is still positive, then
that is now conclusive to establish drug use.
 Controlled Precursors and Essential Chemicals
 Dangerous Drugs
Can rugby be considered a dangerous drug under this
law? No. That is penalized by PD 1619; it is not considered
a dangerous drug as defined under this law.
How about nobane? It is now classified as dangerous
drugs.
 Deliver
Any act of knowingly passing a dangerous drug to
another, personally or otherwise, and by any means, with
or without consideration.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 Den, Dive or Resort
A place where any dangerous drug and/or controlled
precursor and essential chemical is administered,
delivered, stored for illegal purposes, distributed, sold or
used in any form.
Drug Dependence
- It is a cluster of physiological, behavioral and
cognitive phenomena of variable intensity, in which
the use of psychoactive drug takes on a high priority
thereby involving, among others, a strong desire or a
sense of compulsion to take the substanceand the
difficulties in controlling substance-taking behavior
in terms of its onset, termination, or levels of use.
Drug Syndicate
- Any organized group of two (2) or more persons
forming or joining together with the intention of
committing any offense.
Employee of Den, Dive or Resort
- The caretaker, helper, watchman, lookout, and other
persons working in the den, dive or resort,
employed by the maintainer, owner and/or operator
where any dangerous drug and/or controlled
precursor and essential chemical is administered,
delivered, distributed, sold or used, with or without
compensation, in connection with the operation
thereof.
Financier
- Any person who pays for, raises or supplies money
for, or underwrites any of the illegal activities.
- This refers to the drug lords
Illegal Trafficking
- The illegal cultivation, culture, delivery,
administration, dispensation, manufacture, sale,
trading, transportation, distribution, importation,
exportation and possession of any dangerous drug
and/or controlled precursor and essential chemical.
Methylenedioxymethamphetamine (MDMA) or commonly
known as "Ecstasy", or by its any other name
- Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any
form.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Methamphetamine Hydrochloride or commonly known as
"Shabu", "Ice", "Meth", or by its any other name
- Refers to the drug having such chemical composition,
including any of its isomers or derivatives in any
form.
- This is the common prohibited drug.
Opium
- Refers to the coagulated juice of the opium poppy and
embraces every kind, class and character of opium,
whether crude or prepared; the ashes or refuse of the
same; narcotic preparations thereof or therefrom;
morphine or any alkaloid of opium; preparations in
which opium, morphine or any alkaloid of opium
enters as an ingredient; opium poppy; opium poppy
straw; and leaves or wrappings of opium leaves,
whether prepared for use or not.
Planting of Evidence
- the willful act by any person of maliciously and
surreptitiously inserting, placing, adding or attaching
directly or indirectly, through any overt or covert act,
whatever quantity of any dangerous drug and/or
controlled precursor and essential chemical in the
person, house, effects or in the immediate vicinity of
an innocent individual for the purpose of implicating,
incriminating or imputing the commission of any
violation of this Act.
- This is what we call Incriminating against innocent
person.
- In RPC, incriminating against innocent person has a
lesser penalty. But here in RA 9165, the penalty is life
sentence.
Protector/Coddler
- Any person who knowingly and willfully consents
to the unlawful acts provided for in this Act and
uses his influence, power or position in shielding,
harboring, screening or facilitating the escape of any
person he knows, or has reasonable grounds to
believe on or suspects, has violated the provisions of
this Act in order to prevent the arrest, prosecution
and conviction of the violator.
- In RPC, his acts are accessory. But here, he is called
coddler or protector.
Pusher
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- Any person who sells, trades, administers,
dispenses, delivers or gives away to another, on any
terms whatsoever, or distributes, dispatches in transit
or transports dangerous drugs or who acts as a broker
in any of such transactions, in violation of this Act.
- They are referred to as sellers of dangerous drugs.
Sell
- Any act of giving away any dangerous drug and/or
controlled precursor and essential chemical whether
for money or any other consideration.
- This includes barter.
-
Use
- Any act of injecting, intravenously or
intramuscularly, of consuming, either by chewing,
smoking, sniffing, eating, swallowing, drinking or
otherwise introducing into the physiological system
of the body, and of the dangerous drugs.
- This refers to the acts or ways of consuming or using
the dangerous drugs
Unlawful Acts:
1. Section 4 - Importation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
- Importation
 Penalty: Life sentence regardless of the
quantity or purity. Ex: even if 1 gram from
Japan to the Philippines
 The bringing of dangerous drugs from a
foreign country into our country.
 It is necessary that the prosecution should
establish or prove that the dangerous drugs
came from a foreign country. If not proven,
the accused cannot be convicted by
importation.
 However, he cannot be acquitted. He can be
prosecuted for transporting dangerous drugs.
This refers to the conveying of illegal drugs from
one place to another.
 The importer could also be prosecuted for
possession because when you import,
necessarily you are in possession of drugs.
 So if not prosecuted in importation, can be
liable for transportation or possession.
 If convicted for importation or transportation,
you cannot be convicted for possession because
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
possession is absorbed in importation or
transportation.
 People vs Chichan Liu, et al, GR 189272,
January 21, 2015
2. Section 5. Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals
- Section id commonly violated.
- Penalty: Life sentence regardless of the quantity and
purity
- Ex: The Chinese national who was apprehended was
not charged with importation because it is harder to
prove. She was instead charged with transportation
because it is easier to prove. She can also be charged
with possession.
- So possession depends on the weight of the shabu. If
it exceeds 50g, penalty is life sentence. Possession is
easier to prove than transportation.
- Selling
 Elements: People v Del Mundo 510 SCRA 554
a) Identity of the buyer and seller
b) Object and consideration
c) Delivery of the thing sold
d) Payment for the subject
- Buy-bust is a common form of entrapment for drug
pushers.
- Transport
 This refers to the movement of dangerous drugs
or to carry the dangerous drugs from one place to
another.
 People v San Juan, GR 177191, May 30, 2001:
The accused was caught inside his car parked in
a parking area. He was charged with
transportation but not convicted by transporting
but of possession. Why? Because prosecution
failed to show that any distance was travelled
because the car was parked in the parking area. It
did not prove in what place the car came from.
 People vsLaba, January 28, 2013: Accused was
apprehended while boarding his flight. He has
not yet boarded the airplane. He was convicted
of transporting because even if he was yet to
board the aircraft, it cannot be denied that his
presence in the airport that time was for the
purpose of transporting or moving dangerous
drugs from one place to another.
*****SECTION 5. Sale, Trading, Administration, Dispensation,
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Delivery, Distribution and Transportation of Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals. — The
penalty of life imprisonment to death and a fine ranging from
Five hundred thousand pesos (P500,000.00) to Ten million
pesos (P10,000,000.00) shall be imposed upon any person, who,
unless authorized by law, shall sell, trade, administer, dispense,
deliver, give away to another, distribute, dispatch in transit or
transport any dangerous drug, including any and all species of
opium poppy regardless of the quantity and purity involved, or
shall act as a broker in any of such transactions.
PENALTY FOR DANGEROUS DRUGS
- Life imprisonment to death and a fine ranging from Five
hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00)
―REGARDLESS OF THE QUANTITY AND PURITY
INVOLVED‖
- Whatever is the amount
EX: if you are caught selling one small sachet weighing
.001g or if you are caught selling 5kg of shabu. The penalty
is the same. – Life imprisonment
ELEMENTS OF SALE:
1. Identity of the buyer, the seller, the object and the
consideration;
2. Delivery of the thing sold; and
3. Payment therefore
CONSUMMATION OF SALE
- The receipt of the seller of the money or consideration is
not indispensable because sale is consummated even if the
buyer does not pay the price because the sale could be on
credit
- Sale of drugs is consummated the moment the seller would
hand over the dangerous drugs to the poseur buyer
- The receipt of the buy bust money or consideration by the
seller is not indispensable – meaning it is not material. For
as long as the prosecution can prove that there was
delivery of the dangerous drug to the buyer.
PRESENTATION OF BUY BUST MONEY INDISPENSABLE
- The presentation of the buy bust money is not
indispensable also for the conviction of the accused
- If the prosecution failed to present in court the buy bust
money that was allegedly used during the transaction or
buy bust operation, that would not affect the case of the
prosecution
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- What is required is merely the delivery of the thing sold
because payment could be done later on
- The presentation of the marked money is immaterial in the
crime of illegal sale because this crime can be committee
even without consideration or payment or the payment
could be done later. (Ppvs Reyes, GR 194606, February 18,
2015)
BUY BUST IS THE COMMON FORM OF ENTRAPMENT
- Buy bust operation is the common form of entrapment for
drug pusher
- Distinguish entrapment vs instigation
DRUG PUSHERS SELL THEIR PROHIBITED ARTICLES TO
ANY PROSPECIVE CUSTOMER
- Drug pushers have become increasingly daring, dangerous
and, worse, openly defiant of the law. In many cases that
drug pushers sell their prohibited articles to any
prospective customer, be he a stranger or not, in private as
well as in public places, even during daytime. (TioncovsPp,
GR 192284, March 11, 2015)
―GIVE AWAY TO ANOTHER‖
EX: You have an addict best friend. On his birthday, as a
gift you gave him shabu. What is your liability? Section 5.
OBJECTIVE TEST
- The "objective test" in determining the credibility of
prosecution witnesses regarding the conduct of buy-bust
operation provides that it is the duty of the prosecution to
present a complete picture detailing the buy-bust operation
— from the initial contact between the poseur-buyer and
the pusher, the offer to purchase, the promise or payment
of the consideration, until the consummation of the sale by
the delivery of the illegal subject of sale. The manner by
which the initial contact was made, the offer to purchase
the drug, the payment of the buy-bust money, and the
delivery of the illegal drug must be the subject of strict
scrutiny by courts to insure that law-abiding citizens are
not unlawfully induced to commit an offense. (Ppvs Clara y
Buhain, GR 195528, July 24, 2013, 715 PHIL 259-284)
- Poseur buyer – one who acted as if he was a buyer but in
truth he is a detective
The penalty of imprisonment ranging from twelve (12) years and one
(1) day to twenty (20) years and a fine ranging from One hundred
thousand pesos (P100,000.00) to Five hundred thousand pesos
(P500,000.00) shall be imposed upon any person, who, unless
authorized by law, shall sell, trade, administer, dispense, deliver, give
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
away to another, distribute, dispatch in transit or transport any
controlled precursor and essential chemical, or shall act as a broker in
such transactions.
PENALTY FOR CONTROLLED PRECURSORS AND
ESSENTIAL CHEMICALS
- Imprisonment ranging from twelve (12) years and
one (1) day to twenty (20) years and a fine ranging
from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00)
- Lower penalty
- Allowed to be sold by authorized sellers by the
government
AGGRAVATING CIRCUMSTANCES
1. If the sale, trading, administration, dispensation, delivery,
distribution or transportation of any dangerous drug and/or
controlled precursor and essential chemical transpires within one
hundred (100) meters from the school, the maximum penalty
shall be imposed in every case.
- Others sell inside the school or enroll just to be able to sell
to the students
2. For drug pushers who use minors or mentally incapacitated
individuals as runners, couriers and messengers, or in any
other capacity directly connected to the dangerous drugs and/or
controlled precursors and essential chemicals trade, the
maximum penalty shall be imposed in every case.
3. If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous drug and/or a
controlled precursor and essential chemical involved in any
offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this
Section shall be imposed.
The maximum penalty provided for under this Section shall be
imposed upon any person who organizes, manages or acts as a
"financier" of any of the illegal activities prescribed in this Section.
- These are the drug lords
The penalty of twelve (12) years and one (1) day to twenty (20) years
of imprisonment and a fine ranging from One hundred thousand
pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
shall be imposed upon any person, who acts as a "protector/coddler"
of any violator of the provisions under this Section.
- Protector or coddlers – are the ones who use their influence
and help the drug pushers or drug lords to escape or evade
prosecution
SECTION 6. Maintenance of a Den, Dive or Resort. — The penalty
of life imprisonment to death and a fine ranging from Five hundred
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
thousand pesos (P500,000.00) to Ten million pesos (P10,000,000.00)
shall be imposed upon any person or group of persons who shall
maintain a den, dive or resort where any dangerous drug is used or
sold in any form.
DEN
- Drug den is a place where drugs are habitually used by
people who frequented it
- In order to be held liable for maintaining drug den, it must
be proved that the place is habitually used by the people
who frequented it and habitually use drugs
- Prosecution must be able to show evidence or present
witness that such witness frequented the place at least
twice or thrice, he narrates what he sees and that he knows
the people who go to such place to use drugs
- If evidence of the prosecution or witness would say that he
was only able to enter such place only once then the
accused would not be convicted of maintain a drug den
- There must be habituality of using drugs in that place
otherwise the accused cannot be convicted
Section 6. Maintenance of a den, dive or resort
Read the case of Pp. vs Ladjaalam, September 19,
2000
Section 7. The penalty of imprisonment ranging from twelve
(12) years and one (1) day to twenty (20) years and a fine
ranging from One hundred thousand pesos (P100,000.00) to
Five hundred thousand pesos (P500,000.00) shall be imposed
upon:
(a) Any employee of a den, dive or resort, who is aware
of the nature of the place as such; and
- This includes the caretaker, watchman, cashier,
or the guards.
- But their boss, is liable not under Section 7 but
under Section 6.
(b) Any person who, not being included in the provisions
of the next preceding, paragraph, is aware of the
nature of the place as such and shall knowingly visit
the same
- The crime is ―visiting the drug den‖
- TN of the word ―aware of the nature of the
place‖
- Example: Your classmate invites you to catch
pokemon in their house. Coincidentally, their
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
house was at that time being raided. Are you
liable?
Answer: NO. Because you were not aware that
the place was a drug den and you did not
knowingly visit the same.
Section 8. Manufacture of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals.
- Same penalty with importing and selling.
- The penalty of life imprisonment to death and a
fine ranging 500K to 10M
- The penalty of imprisonment ranging from 12
years and 1 day to twenty 20 years and a fine
ranging from 100K to 500K shall be imposed
upon any person, who, unless authorized by law,
shall manufacture any controlled precursor and
essential chemical.
- The laboratory nowadays are in high end
subdivisions.
- The presence of any controlled precursor and
essential chemical or laboratory equipment in the
clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug. It shall be
considered an AGGRAVATING
CIRCUMSTANCE if the clandestine laboratory is
undertaken or established under the following
circumstances:
(a) Any phase of the manufacturing process was
conducted in the presence or with the help of
minor/s:
(b) Any phase or manufacturing process was
established or undertaken within one
hundred (100) meters of a residential,
business, church or school premises;
(c) Any clandestine laboratory was secured or
protected with booby traps;
(d) Any clandestine laboratory was concealed
with legitimate business operations; or
(e) Any employment of a practitioner, chemical
engineer, public official or foreigner.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Section 10. Manufacture or Delivery of Equipment, Instrument,
Apparatus, and Other Paraphernalia for Dangerous Drugs
and/or Controlled Precursors and Essential Chemicals.
a. any person who shall deliver,
b. possess with intent to deliver, or
c. manufacture with intent to deliver equipment,
instrument, apparatus and other paraphernalia
for dangerous drugs,
d. knowing, or under circumstances where one
reasonably should know, that it will be used to
plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack,
store, contain or conceal any dangerous drug
and/or controlled precursor and essential
chemical in violation of this Act.
Section 11. Possession of Dangerous Drugs.
- THE PENALTY HERE DEPENDS UPON THE
WEIGHT OF THE DANGEROUS DRUGS.
 If the weight is less than 5 grams, the penalty is 12
years, 1 day to 20 years.
- TN that this is bailable because the penalty is not
life sentence, but note that even if this is bailable,
the bail is high. That is, P10k per year of
imposable penalty.
 If the weight is over 5 grams but not over 10 grams,
that is 20 years and 1 day to life imprisonment.
 IF the weight is over 10 grams but less than 50, life
imprisonment.
ELEMENTS OF POSSESSION:
1. The offender is in possession of dangerous drug
2. Such possession is not authorized by law
3. The accused freely and consciously possessed the
dangerous drug- animus possidendi or intent to
possess.
BAR QUESTION:
A woman was walking with her boyfriend. When
they were about to pass by a checkpoint, the boy
handed over to his girlfriend a small sachet of shabu
and told her to hide it in her bag. The policeman saw
the boy handing over something to the woman. The
woman didn‘t know that it was shabu. When they
passed by the checkpoint, the policeman asked the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
woman to open her bag and so the sachet of shabu
was recovered from her. She was charged for
possession of dangerous drugs. Is she liable?
ANSWER: NO. Because of the absence of the animus
possidendi.
- Case: A house was searched by virtue of a search
warrant. There were packs of shabu recovered.
During the trial the accused argued that he is not the
only person residing in that house. Is that define
meritorious?
ANSWER: This crime of possession of dd is mala
prohibita hence lack of criminal intent is not a
defense. HOWEVER the prosecution must prove that
the accused had the intent to possess.
Possession includes not only actual possession but
also constructive possession.
ACTUAL POSSESSION is when the drug is in the
immediate physical possession and control of the
accused. On the other hand,
CONSTRUCTIVE POSSESSION exists when the
drug is under the dominion and control of the
accused, or when he has the right to exercise control
and dominion over the place where it is found.
EXCLUSIVE POSSESSION OR CONTROL IS NOT
NECESSARY. The accused cannot avoid conviction if
his right to exercise dominion over the place where
the contraband is located is shared with another. Pp
vs Terra 430 SCRA 134
- Example: The accused was caught selling dangerous
drugs. Naturally he was also in possession of it.
Could he be also charged with violation of Section 11
for possession of dangerous drugs aside from sale?
ANS. As a rule, NO. Because POSSESSION IS
ABSORBED IN SELLING.
HOWEVER, if the seller is caught to be in possession
of another amount of shabu intended for some future
transactions, he could also be held liable for
possession. IOW, for him to be not liable for
possession, the shabu in his possession must be equal
to the amount of shabu transacted. Pp. vs. Dela Pena
GR NO. 207635, February 18, 2015
Sec. 12. Possession of equipment, apparatus or other
paraphernalia
-in order for seller not to be liable also for possession, the
shabu sold must be equal to that be possessed; if there are
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
excess, probably for future transactions, then the seller is also
liable under this section.
-for any purposes intended under the preceding sections
-possession of such is a presumption that the offender also
violated section 15
- before, for example you got caught in a checkpoint in
possession of such drugs, 2 violations are presumed to be
committed, that is section 12 and 15; now, you can only be held
liable for section 12.
-in case, an accused was made subject to a buy-bust operation,
later, he was also searched, drugs were found, how many
violations? There are 3, sec. 5 for selling, and sec. 11 for
possessing some or more drugs intended for future
transactions, plus there are drug paraphernalia, so section 12 Is
also liable. Question, is the accused liable for all the 3
violations? Yes. PP vsCasakop G.R. no. 210454
Sec. 13.Possession of Dangerous drugs during parties/social
gatherings or meetings
-this is an aggravating circumstance for section 11.
Sec. 14. Possession of those mentioned in sec. 12 in
parties/social gatherings or meetings
-also an aggravating circumstance for sec. 12
Sec. 15. Use of Dangerous drugs
-A person apprehended or arrested who is found to be positive
of any use of dangerous drugs after confirmatory test; take
note there are 2 tests, the screening test and the confirmatory
test, the latter being more thorough than the other;
-penalty is 6months rehabilitation;
-what about for the 2nd time? Now penalty is 6yrs and 1 day to
12yrs; provided that this section should not be applicable if
such person is found in possession of other drugs intended for
other purposes.
-take note: violation of section 11 + section 15 = only section 11
is violated;
-before if you are arrested for any crime with a penalty for
more than 6yrs, you will be subjected for drug test; now said
provision is declared unconstitutional, an accused can only be
subjected for a drug test in violation of any provisions of this
law, not of other crimes; hence if you are arrested for
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
commission of a crime which is not in violation of this act, and
you are subjected to drug test, then the same is illegal for
violation of the accused against self-incrimination.PP vs Jaime
Dela Cruz Gr. No. 200748 July 23, 2014
-another instance wherein there could be drug test is in cases
where mandatory or random drug testing is required under
section 36 of this act; for example if you are a government or a
private worker of a private company, you can be subject for
drug test, if found positive, aside from administrative charges,
you can be held liable for section 15; Another is road side drug
test for drivers.
Sec. 16. Cultivation or culture of plants classified as Dangerous
Drugs
-penalty is life imprisonment + fine.
Sec. 17. Maintenance and keeping of original records of
transactions on dangerous drugs or controlled precursors and
essential chemicals
Sec. 18. Unnecessary prescription of dangerous drugs
Sec. 19. Unlawful prescription of dangerous drugs
- Take not that there are drugs that are allowed if there
is a proper prescription from a licensed medical
practitioner; otherwise, said person who prescribed
such dangerous drug would be liable under this
section
Sec. 20. Forfeiture of the proceeds from trafficking of
dangerous drugs
Sec. 21. Custody and disposition of
confiscated/seized/surrendered dangerous drugs
-amended by RA 10640
Inventory – apprehending law enforcers must make a list of
the items confiscated and take pictures of the same in the
presence of the accused.
August 19, 2016
SECTION 20. Confiscation and Forfeiture of the Proceeds or
Instruments of the Unlawful Act, Including the Properties or
Proceeds Derived from the Illegal Trafficking of Dangerous Drugs
and/or Precursors and Essential Chemicals. — Every penalty
imposed for the unlawful importation, sale, trading, administration,
dispensation, delivery, distribution, transportation or manufacture of
any dangerous drug and/or controlled precursor and essential
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
chemical, the cultivation or culture of plants which are sources of
dangerous drugs, and the possession of any equipment, instrument,
apparatus and other paraphernalia for dangerous drugs including
other laboratory equipment, shall carry with it the confiscation and
forfeiture, in favor of the government, of all the proceeds and
properties derived from the unlawful act, including, but not limited
to, money and other assets obtained thereby, and the instruments or
tools with which the particular unlawful act was committed, unless
they are the property of a third person not liable for the unlawful act,
but those which are not of lawful commerce shall be ordered
destroyed without delay pursuant to the provisions of Section 21 of
this Act.
- Similar to the provision of Article 45, RPC – the proceeds,
as well as the instruments used in the commission of the
crime shall be confiscated and forfeited in favor of the
government
- The money which are the proceeds of the unlawful acts
penalized under this law, such as proceeds of selling
dangerous drugs, importing dangerous drugs, including
properties obtained or derived from the unlawful act
- Those houses that are built using the proceeds of the illegal
trade of dangerous drugs shall be forfeited in favor of the
government and those dangerous drugs confiscated shall
be destroyed.
*****SECTION 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous
Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment. — The
PDEA shall take charge and have custody of all dangerous drugs,
plant sources of dangerous drugs, controlled precursors and essential
chemicals, as well as instruments/paraphernalia and/or laboratory
equipment so confiscated, seized and/or surrendered, for proper
disposition in the following manner:
(1) The apprehending team having initial custody and
control of the dangerous drugs, controlled precursors and
essential chemicals, instruments/paraphernalia and/or
laboratory equipment shall, immediately after seizure
and confiscation, conduct a physical inventory of the
seized items and photograph the same in the presence of
the accused or the persons from whom such items were
confiscated and/or seized, or his/her representative or
counsel, with an elected public official and a
representative of the National Prosecution Service or the
media who shall be required to sign the copies of the inventory
and be given a copy thereof: Provided, That the physical
inventory and photograph shall be conducted at the place
where the search warrant is served; or at the nearest police
station or at the nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless seizures:
Provided, finally, That noncompliance of these requirements
under justifiable grounds, as long as the integrity and the
evidentiary value of the seized items are properly preserved by
the apprehending officer/team, shall not render void and
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invalid such seizures and custody over said items;
REQUIREMENTS OF RA 9165
1. Right after the confiscation of the dangerous drugs or
equipment‘s or paraphernalia there should be inventory.
Inventory is the apprehending law enforcers must make a
list of the items confiscated.
2. Aside from making an inventory, there should be a picture
taken on the items confiscated in the presence of the
accused of his representative, elected public official (such
as barangay councilor or barangay captain), representative
from the National Prosecution Service (from the Fiscals
Office, or from the DOJ), or the representative media.
These people who are required to be present during the
conduct of the inventory as well as the photographing are
require to sign the copies of the inventory or of the list and
be given a copy thereof.
3. Aside from inventory there should also be markings or
distinguishing marks on the items confiscated for
identification purposes in order to avoid switching,
planting or contamination of evidence– not found in the
law but in jurisprudence. The person making the marking
will sign the same. The marking should be made in the
presence of the accused and immediately after
confiscation.
WHERE INVENTORY MADE
- Where should the inventory be made, as well as the
inventory and taking of pictures? It should be made at the
place where the dangerous drugs or the equipment‘s were
taken or recovered.
- If by virtue of a search warrant: at the place where the
items were taken
- If by virtue of a warrantless arrest, such as a checkpoint: at
the nearest police station or office of the apprehending
officer or team
CONFISCATION
- If these requirements are not complied with the weight of
the items will be questionable
- In the confiscation of drugs, the prosecution must be able
to prove the chain of custody
- Chain of custody: refers to the duly recorded authorized
movements of the custody of the confiscated items from
the accused to the court
- The requirements constitute the first link because the first
link constitutes the measure of the marking
- Chain of custody: From the accused to the apprehending
officer then turned over to the investigator then to the
crime laboratory who examines then brought to the court
as evidence
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The prosecution has to prove that the items presented in
court are the very same items which were confiscated from
the possession of the accused. To prove it, all persons who
have come in possession of those items brought to court
from the time they were confiscated from the accused up to
the time that the items were brought to court should be
required to testify so that the chain of custody can be
established.
- If there is no inventory, photographing, and marking – the
first link – then there could be doubt whether it is the same
items confiscated from the accused. It could still be
admitted but the court may not believe that these are items
from the possession of the accused.
EXCEPTION AS TO COMPLIANCE OF SECTION 21
1. There are justifiable grounds
2. If the integrity and the evidentiary value of the seized
items are properly preserved
JUSTIFIABLE GROUNDS
- One conducts a search warrant and was able to confiscate
dangerous drugs. Right after the search, the neighbors
started throwing rocks at the apprehending officers. Are
they still going to conduct the inventory at the crime
scene? The apprehending officers can leave to save their
lives. As to the marking of exhibits, even if it states that if it
is virtue of a search warrant the inventory, as well as the
marking should be made at the place where the search was
made, it is not anymore at the place of incident but it could
be at the police station.
- Justifiable grounds + there should be efforts to preserve the
integrity and evidentiary value of the seized items
- The non-compliance of Section 21 will not affect the
admissibility of the items but only the weight
- Conduct of inventory, photographing and marking is
important in order to prove the chain of custody
THE LINKS
1. Seizure and marking
2. Turnover of the items from the apprehending officer to the
investigating officer
3. Turnover of the drugs by the investigating officer to the
forensic chemist of the crime laboratory
4. Submission of the drugs by the chemist to the court
SOME CASES
- While the chain of custody should ideally be perfect, in
reality it is not, "as it is almost always impossible to obtain
an unbroken chain." The most important factor is the
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preservation of the integrity and the evidentiary value of
the seized items as they will be used to determine the guilt
or innocence of the accused. (Pp vs Osman, GR 201100,
February 4, 2015)
- The chain of custody requirement is essential to ensure that
doubts regarding the identity of the evidence are removed
through the monitoring and tracking of the movements of
the seized drugs from the accused, to the police, to the
forensic chemist, and finally to the court. The law requires
"substantial" and not necessarily "perfect adherence" as
long as it can be proven that the integrity and the
evidentiary value of the seized items were preserved.(Pp vs
Piad, GR 213607, January 25, 2016)
- Theissue of non-compliance with the said section is not of
admissibility, but of weight to be given on the evidence.
The non-compliance of Section 21 does not make the arrest
illegal or items confiscated from the accused inadmissible.
(Pp vs Dahil, GR 212196, January 12, 2015)
Section 21. Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of
Dangerous Drugs, Controlled Precursors and Essential
Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment.
(1) The apprehending team having initial custody and
control of the drugs shall, immediately after seizure
and confiscation, physically inventory and
photograph the same in the presence of the accused or
the person/s from whom such items were confiscated
and/or seized, or his/her representative or counsel, a
representative from the media and the Department of
Justice (DOJ), and any elected public official who
shall be required to sign the copies of the inventory
and be given a copy thereof;
Q: Is prior surveillance a prerequisite to the validity of a buy
bust or an entrapment operation?
A: NO. Prior surveillance is not a prerequisite to the
validity of a buy bust or an entrapment operation.
Pp. vs Lucio GR NO. 191391, June 19, 2013
MARKING
- Marking is important to avoid planting, switching
and contamination of evidence. Pp vs Lopez, January
29, 2014
- The marking should be done by the apprehending
officer.
In one case it was done by the accused himself.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
SC: It must be done by the officer himself and not by
the accused. Pp. vs Resurrection, 603 SCRA 510
(2) Within twenty-four (24) hours upon confiscation, the
items shall be submitted to the PDEA Forensic
Laboratory for a qualitative and quantitative
examination;
Section 22. Grant of Compensation, Reward and Award.
- to any person providing information and to law
enforcers participating in the operation, which results
in the successful confiscation, seizure or surrender of
dangerous drugs, plant sources of dangerous drugs,
and controlled precursors and essential chemicals.
Section 23. Plea-Bargaining Provision.
- This is absolutely prohibited for violations under RA
9165.
Section 24. Non-Applicability of the Probation Law for Drug
Traffickers and Pushers.
- The benefits of probation law are available to those
convicted for violations of RA 9165, EXCEPT for
selling.
- For example, section 12 Possession of drug
paraphernalias is probationable because its penalty is
less than 6 years, that is 6 months and 1 day to 4
years.
NOTE:
Section 70. Probation or Community Service for a
First-Time Minor Offender in Lieu of Imprisonment.
- A minor can apply for probation even if his penalty
exceeds 6 years. EXCEPT for selling.
- Remember also that when the violator is a minor, the
penalty that should be imposed on him is not life
sentence but reclusion perpetua.
Section 25. Qualifying Aggravating Circumstances in the
Commission of a Crime by an Offender Under the Influence of
Dangerous Drugs.
- Notwithstanding the provisions of any law to the
contrary, a positive finding for the use of dangerous
drugs shall be a qualifying aggravating circumstance
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in the commission of a crime by an offender, and the
application of the penalty provided for in the Revised
Penal Code shall be applicable.
- Example: If it is proven that before killing the victim,
the accused is positive of drugs, the crime committed
would be MURDER. Because the positive finding for
the use of dangerous drugs will be considered as
QUALIFYING AGGRAVATING CIRCUMSTANCE.
Section 26. ATTEMPT OR CONSPIRACY.
GR: For violations of SPLs, there is no attempted or
frustrated stage.
EXC: If a particular special law provides that an
attempted stage of a violation of a provision of that
law is punishable then there is attempted stage of a
violation of that law.
RA 9165 provides that any attempt or conspiracy to commit
the following unlawful acts shall be penalized by the same
penalty prescribed for the commission of the same.
Mere conspiracy to commit any of the following acts is
punishable:
(a) Importation of any dangerous drug and/or controlled
precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery,
distribution and transportation of any dangerous
drug and/or controlled precursor and essential
chemical;
(c) Maintenance of a den, dive or resort where any
dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of
dangerous drugs.
- Example: The policeman conducted a buybust
operation against a pusher. When the pusher was
about to give the shabu to the poseur buyer, he
realized that the person he was transacting with was a
law enforcer. So instead of giving the shabu to the law
enforcer, he ranaway. What is the crime committed?
ANS. He committed an attempted sale of dangerous
drugs. Attempted only because there was no delivery.
There was only an attempt to deliver. So long as the
accused had the intent to sell and has shown overt
acts- such as showing the dangerous drugs to the
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
buyer, he is already liable for attempted sale. Pp vs
Adam ♥ October 13, 2003
- Penalty: the same with selling.
Section 27. Criminal Liability of a Public Officer or Employee
for Misappropriation, Misapplication or Failure to Account
for the Confiscated, Seized and/or Surrendered Dangerous
Drugs
- This is the purpose of the requisites of inventory and
picture taking, to prevent Section 27.
- This shall be imposed upon any public officer or
employee who misappropriates, misapplies or fails to
account for confiscated, seized or surrendered
dangerous drugs.
- Penalty: Life imprisonment to death and a fine
ranging from 500K to 10M in addition to absolute
perpetual disqualification from any public office.
Any ELECTIVE LOCAL OR NATIONAL OFFICIAL found
a. TO HAVE BENEFITED FROM THE PROCEEDS of
the trafficking of dangerous drugs as prescribed in
this Act, or
b. HAVE RECEIVED ANY FINANCIAL OR
MATERIAL CONTRIBUTIONS or donations from
natural or juridical persons found guilty of trafficking
dangerous drugs as prescribed in this Act
SHALL BE REMOVED FROM OFFICE and perpetually
disqualified from holding any elective or appointive positions
in the government, its divisions, subdivisions, and
intermediaries, including government-owned or –controlled
corporations.
―Narco politics‖ – Where those people who are engaged
in illegal drug trade are giving financial contributions to
politicians, specially during elections, and in return they
expect protection.
Section 28. Criminal Liability of Government Officials and
Employees.
The maximum penalties of the unlawful acts
provided for in this Act shall be imposed, in addition
to absolute perpetual disqualification from any public
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office, if those found guilty of such unlawful acts are
government officials and employees.
Section 29. Criminal Liability for Planting of Evidence.
- This is the penalty for planting evidence.
- Any person who is found guilty of "planting" any
dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity,
shall suffer the penalty of death.
- Penalty: Life imprisonment.
- Judge D: It is easy to raise this as a defense but this is
hard to prove because of the presumption of
regularity. As between the word of the police officer
and the word of the accused, the judge is most likely
to believe the police officer. But of course the court
has to be vigilant.
Section 37. Workplace Drugfree
Section 51. LGU
- Should also help in the fight
Section 52. Abatement of Drug Related Public Nuisances -
Any place or premises which have been used on two or more
occasions as the site of the unlawful sale or delivery of
dangerous drugs may be declared to be a public nuisance,
and such nuisance may be abated
- Changi
- There may be a board created to conduct hearing
on complaints regarding nuisances.
- After hearing in which the Board may consider any
evidence, including evidence of the general
reputation of the place or premises, and at which
the owner of the premises shall have an
opportunity to present evidence in his/her defense,
the Board may declare the place or premises to be a
public nuisance.
- Once declared as a public nuisance, it can be
summarily abated
Section 54. Voluntary Drug Rehabilitation
- An addict is not the same as an ordinary sick
person
- Before a drug dependent can be admitted to a
center there must be a court order
- There must be a petition filed in court, and only
when the court is convinced that the petitioner is a
drug dependent that it will issue an order
admitting the petitioner in a rehabilitation center
- Not really voluntary
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- Once there is attempt to kill his parents there will
be an case, sometimes the case will be dismissed
but with the condition to subject to rehabilitation
- The person by himself or through his
parents/spouse, may apply to the board for the
rehabilitation of the drug dependent. Thereafter the
board shall file the appropriate petition in court.
- During the hearing the petition should present a
DOH accredited physical to testify that the
petitioner is a drug dependent
- If found to be a dependent, he shall undergo at
least 6 months of rehabilitation, but not more than
1 year in a DOH accredited center designated by
the board.
- May not be confined but there has to be a program,
if under 18 and a 1st time offender
- Once the court will approve the petition it means
that there is a violation of section 15.
o If rehabilitated, will not be punished
o If not, he will be punished under Section
15
o After second commitment - prosecution
under section 15
Section 58. Filing of Charges Against a Drug Dependent Who
is Not Rehabilitated Under the Voluntary Submission
Program. – shall be charged for violation of Section 15 of
this Act and prosecuted like any other offender. If convicted,
he/she shall be credited for the period of confinement and
rehabilitation in the Center in the service of his/her sentence.
Section 60
- The Records are a drug related case is confidential
Section 61. Compulsory Confinement in a Drug
Rehabilitation Center
- There should be at least 2 doctors accredited by the
board declaring the person to be a drug dependent
o If one states he is not a drug dependent,
the court will have to decide whether or
not to approve the petition
- If no court order then the confinement will be
illegal detention
Section 62. Compulsory Submission of a Drug Dependent
Charged with an Offense to Treatment and Rehabilitation.
- Offense charged is 6 years or less and found to be
drug dependent
- The proceedings shall be suspended and the
accused to be treated in a drug rehabilitation center
- Period in the center shall be deducted from the
crime charged
- Same as preventive suspension
Section 66. Suspended Sentence
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- The minor instead of serving sentence shall instead
be placed in a rehabilitation center
- If the minor is rehabilitated, the case shall be
dismissed
- Suspension is automatic, no application needed
- The last paragraph has been repealed RA 9344
- The last paragraph talks about minors who are
under 15.
- RA 9344 over section 66
Section 67. . Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender.
- Suspension of sentence only availed only once
- Not more than 18 but relate it to RA 9344
o It is available to 21 years below
Section 69. Promulgation of Sentence for First-Time Minor
Offender.
- If not corrected, the offender shall be required to
serve his sentence
Section 70. Probation or Community Service for a First-Time
Minor Offender in Lieu of Imprisonment.
- If there is no suspended sentence, can avail of
probation
o Even if the penalty is higher than 6 years
- Violation must not be for selling
o People vs. Padua July 13, 2008
- Section 24 prevails over section 70
Section 73.
- Liability of the parents or spouse who refuses to
cooperate with the board in treatment and
rehabilitation of a person who is a minor
Section 77. The Dangerous Drugs Board
- Creation of Dangerous Drugs Board and PDEA
- DDB - policy making body under the office of the
president
- PDEA - the implementing arm
Section 82. PDEA
- PDEA is the implementing arm of the board
- Headed by director general who shall have the
rank of an under secretary
Section 86. Transfer, Absorption, and Integration of All
Operating Units on Illegal Drugs into the PDEA and
Transitory Provisions.
- Last paragraph
- PDEA shall be the lead agency
- NBI, PNP should transfer to the PDEA
- Law enforcement agencies should coordinate
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
with PDEA in their operations in drug related
activities
- But failure to cooperate with PDEA will not
invalidate the operation
o People vs. Sta. Maria Feb. 23, 2007
o People vs. Balacute 206366 August 13 2014
 Coordination with the PDEA is not
an indispensable element of a
proper buy-bust operation
Section 91. Responsibility and Liability of Law Enforcement
Agencies and other Government Officials and Employees in
Testifying as Prosecution Witnesses in Dangerous Drugs
Cases.
- It is a criminal act if a member of the law
enforcement agency or any other government
official or employee after due notice, fails or
refuses intentionally or negligently, to appear as
a witness for the prosecution in any proceedings,
involving violations of this Act, without any
valid reason
- Penalty is 12 years and 1 day to 20 years and a
fine not less than 500,000
- The immediate superior of the member of the law
enforcement agency or any other government
employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less
than two (2) months and one (1) day but not
more than six (6) years and a fine of not less than
Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification
from public office if despite due notice to them
and to the witness concerned, the former does
not exert reasonable effort to present the latter to
the court.
o Command responsibility
- The member of the law enforcement agency or
any other government employee may be
transferred or re-assigned for compelling reasons
such as a form of disciplinary action or
promotion.
o Provided, That his/her immediate
superior shall notify the court where the
case is pending of the order to transfer or
re-assign, within twenty-four (24) hours
from its approval; Provided, further, That
his/her immediate superior shall be
penalized with imprisonment of not less
than two (2) months and one (1) day but
not more than six (6) years and a fine of
not less than Ten thousand pesos
(P10,000.00) but not more than Fifty
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thousand pesos (P50,000.00) and in
addition, perpetual absolute
disqualification from public office, should
he/she fail to notify the court of such
order to transfer or re-assign.
Section 92. Delay and Bungling in the Prosecution of Drug
Cases.
- Any government officer or employee tasked
with the prosecution of drug-related cases
under this act, who, through patent laxity,
inexcusable neglect, unreasonable delay or
deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug
cases, shall suffer the penalty of imprisonment
ranging from twelve (12) years and one (1) day
to twenty (20) years without prejudice to his/her
prosecution under the pertinent provisions of
the Revised Penal Code.
Sec. 93. Reclassification, Addition or Removal of Any Drug
from the List of Dangerous Drugs
Sec. 98.Limited Applicability of the Revised Penal Code
- General rule: Notwithstanding any law, rule or
regulation to the contrary, the provisions of the
Revised Penal Code (Act No. 3814), as amended,
shall not apply to the provisions of this Act.
- Exception: In the case of minor offenders. Where
the offender is a minor, the penalty for acts
punishable by life imprisonment to death
provided herein shall be reclusion perpetua to
death.
Important rulings from jurisprudence:
-there is no requirement that the police must apply
fluorescent powder to the buy-bust money to prove the
commission of the offense or taking of the fingerprints from
the money or shabu; PP vsSy 503 SCRA 772
-Is the forensic chemist required to examine the entire mass
of the confiscated dangerous drugs? No. It is enough that the
sample of the said substance besubjectto qualitative
examination.
-in prosecution for violation of RA 9165, the prosecution
need not prove the negative allegation (now take note that as
a requisite, the accused is not authorized by law to possess
the same), this is what we call the negative element of the
crime. According to SC, the prosecution is not required to
prove a certification from BFAD that the accused is really not
authorized; simply put, prosecution need not prove the
negative element of the crime. It is incumbent however by
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

the accused that he is authorized to possess said drugs; PP vs

Yang 423 SCRA 82 Elements:
1. The accused carried or moved the dangerous drug from 1
- Take note, in relation to PD 1866, in prosecution for place to another; and
violation under said law, there must a document to prove 2. He intended to transport it.
that the accused is not authorized by law to carry such
firearm. In RA 9165, however, it is the reverse. o If the accused is not convicted of transporting, he can
be convicted of possession. Transportation of illegal
-Presentation of the confidential agent in a buy-bust drugs does not involve transportation of possession.
operation is not always required, example in cases when his There is no recipient here.
testimony is merely corroborative; One reason is to protect o The place of origin in transporting is not important,
the identity of the agents for purposes of future buy-bust unlike in importation. Pp vs Alfonso June 18, 1990
operations. o In transporting, it is not necessary that the place of
destination is reached. (Pp vs Lo Ho Wing, Jan 1991)
-Presentation of the buy-bust money is not an indispensable o In a case, the accused was accused of attempt to
requirement in the prosecution of the case under RA 9165. transport illegal drugs. He was apprehended at a bus
station on board a bus which was about to depart, in
-Elements of possession, that the accused was in possession
possession of 2.2 kilos of marijuana. He was convicted
of dangerous drugs, he must be fully and consciously aware
of attempt to transport illegal drugs. The Penalty is
of being in possession of dangerous drugs, this is what we
same with consummated transportation.
call animus posedendi; That the accused had no legal
authority to possess the dangerous drugs; PP vsAbuan 505
2. DELIVERY
SCRA 799
o Delivery is absorbed in sale because sale can‘t be
-possession as a rule is absorbed in selling of dangerous
consummated without delivery of the dangerous
drugs. Remember also that possession of more drugs
drugs to the poseur-buyer. Delivery is any act of
intended for future transactions, aside from the sale, then the
knowingly passing dangerous drug to another
accused can also be charged with possession aside from
personally or otherwise and by any means with or
selling the same.
without consideration. (In sale there is consideration).
August 21, 2016 So if there is no consideration, one can still be
convicted of delivery.
More cases and notes under RA 9165
3. SALE
Pp vs Kimora 428 SCRA 51
o Sale is consummated by mere delivery of the drug.
 Considering the confiscated drug is the corpus delicti
o The fact that no money was actually delivered by the
of the crime, the dangerous drug itself must be
poseur-buyer to the pusher, the same would not
presented in court. The non-presentation of the
prevent the offense from being consummated.
dangerous drugs is fatal. It causes dismissal of the
o Payment may precede the sale or may be given after
case.
the sale. What‘s important is the delivery of the drug
to the poseur-buyer.
Pp vs Yang, February 16, 2004
 The consummation of the crime of illegal sale of
PD 1866 as amended by 10591
drugs may be sufficiently established even in the
Comprehensive Firearms and Ammunition Regulation Act
absence of the exchange of money. The payment
could precede or follow the delivery of the drug sold.
This is related to the justifying circumstance of self defense or
In a buy bust operation, what‘s important is that the
relatives or stranger because the 2nd element is the means
pusher buyer received the shabu from the offender
used must be necessary and reasonable and in putting up a
and the same was presented as evidence in court.
defense to prevent aggression, the person attacked could use a
 It's very hard to prove whether one is a drug lord. So,
firearm. Suppose the firearm used is unlicensed. What‘s the
to prove his guilt in court, you have to present the
liability? Let's familiarize ourselves first with the terms used.
drug itself.
SEC. 3.Definition of Terms. – As used in this Act:
Under Section 5, it is not only selling that is prohibited. It also
 Take note that we only placed the terms mentioned
includes:
by Judge. Pls read the law for the complete list of
definition of terms.
1. TRANSPORTATION - the moving or carrying the drug
from 1 place to another

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(a) Accessories refer to parts of a firearm which may enhance
or increase the operational efficiency or accuracy of a firearm
but will not constitute any of the major or minor internal parts
thereof such as, hut not limited to, laser scope, telescopic sight
and sound suppressor or silencer.
(b) Ammunition refers to a complete unfixed unit consisting of
a bullet, gunpowder, cartridge case and primer or loaded shell
for use in any firearm. Definition of terms
(k) Duty detail order refers to a document issued by the
juridical entity or employer wherein the details of the
disposition of firearm is spelled-out, thus indicating the name
of the employee, the firearm information, the specific duration
and location of posting or assignment and the authorized
bonded firearm custodian for the juridical entity to whom such
firearm is turned over after the lapse of the order.
 Our security guards don't have firearms license but
they only have duty detail order. What would be
stated here? Name of employee, information related
to the firearm to be carried, specific duration and
location of posting or assignment
(l) Firearm refers to any handheld or portable weapon,
whether a small arm or light weapon, that expels or is
designed to expel a bullet, shot, slug, missile or any projectile,
which is discharged by means of expansive force of gases from
burning gunpowder or other form of combustion or any
similar instrument or implement. For purposes of this Act, the
barrel, frame or receiver is considered a firearm.
2 Kinds:
1. Small arm - not small firearm. It's ARM. In small arm, you
have to pull the trigger if you want to fire.
2. Light weapon - further classified to Class A and Class B.
These are for the military only and can‘t be owned by civilians.
These are full automatic weapons which have the capability of
automatic firing with the continuous pulling of the trigger. If
you do not release the trigger, these firearms will continue to
expel bullets till the bullets are consumed. Ex: armalite
Take note: the Barrel, frame or handle, and receiver is
considered a firearm. So you can be convicted if what you will
bring is not a complete gun. Penalty: same as provided by this
act. Explosives are not firearms. This can be found in Sec 3 in
PD 1866.
(Under the old law: the 2 kinds are high powered or low
powered)
(q) Imitation firearm refers to a replica of a firearm, or other
device that is so substantially similar in coloration and overall
appearance to an existing firearm as to lead a reasonable
person to believe that such imitation firearm is a real firearm.
(t) Light weapons are:
Class-A Light weapons which refer to self-loading pistols,
rifles and carbines, submachine guns, assault rifles and light
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machine guns not exceeding caliber 7.62MM which have fully
automatic mode; and
Class-B Light weapons which refer to weapons designed for
use by two (2) or more persons serving as a crew, or rifles and
machine guns exceeding caliber 7.62MM such as heavy
machine guns, handheld underbarrel and mounted grenade
launchers, portable anti-aircraft guns, portable anti-tank guns,
recoilless rifles, portable launchers of anti-tank missile and
rocket systems, portable launchers of anti-aircraft missile
systems, and mortars of a caliber of less than 100MM.
(u) Long certificate of registration refers to licenses issued to
government agencies or offices or government-owned or -
controlled corporations for firearms to be used by their officials
and employees who are qualified to possess firearms as
provider in this Act, excluding security guards.
 given to the LGUs, GOCCs. Their personnel have
this so called short certificate of registration. Police
and military are given mission order and
memorandum receipt. If you receive property from
the government, you are given a memorandum
receipt to show you have in your possession such
property.
(v) Loose firearm refers to an unregistered firearm, an
obliterated or altered firearm, firearm which has been lost or
stolen, illegally manufactured firearms, registered firearms in
the possession of an individual other than the licensee and
those with revoked licenses in accordance with the rules and
regulations.
(w) Major part or components of a firearm refers to the barrel,
slide, frame, receiver, cylinder or the bolt assembly. The term
also includes any part or kit designed and intended for use in
converting a semi-automatic burst to a full automatic firearm.
(x) Minor parts of a firearm refers to the parts of the firearm
other than the major parts which are necessary to effect and
complete the action of expelling a projectile by way of
combustion, except those classified as accessories.
(y) Permit to carry firearm outside of residence refers to a
written authority issued to a licensed citizen by the Chief of the
PNP which entitles such person to carry his/her registered or
lawfully issued firearm outside of the residence for the
duration and purpose specified in the authority.
(z) Permit to transport firearm refers to a written authority
issued to a licensed citizen or entity by the Chief of the PNP or
by a PNP Regional Director which entitles such person or
entity to transport a particular firearm from and to a specific
location within the duration and purpose in the authority.
If you want to carry a firearm, you need two permits:
1. License to own and possess firearm (LTOP)-
o if you are granted, you cannot carry it
outside your residence unless you have a
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
permit to carry even if you just put it in your
car. It should remain in the residence.
o if you still bring without a permit to carry,
you violate this law although the penalty is
lesser
o expires in 2 years while the registration of
the firearm expires in 4 years
2. Permit to carry
(aa) Residence refers to the place or places of abode of the
licensed citizen as indicated in his/her license.
 is where one keeps his firearm. Anybody in the
family can use it even if without license if you are
attacked
(cc) Short certificate of registration refers to a certificate issued
by the FEO of the PNP for a government official or employee
who was issued by his/her employer department, agency or
government-owned or -controlled corporation a firearm
covered by the long certificate of registration.
(dd) Small arms refer to firearms intended to be or primarily
designed for individual use or that which is generally
considered to mean a weapon intended to be fired from the
hand or shoulder, which are not capable of fully automatic
bursts of discharge, such as:
(1) Handgun which is a firearm intended to be fired from
the hand, which includes:
(i) A pistol which is a hand-operated firearm having a
chamber integral with or permanently aligned with the
bore which may be self-loading; and
(ii) Revolver which is a hand-operated firearm with a
revolving cylinder containing chambers for individual
cartridges.
(2) Rifle which is a shoulder firearm or designed to be
fired from the shoulder that can discharge a bullet
through a rifled barrel by different actions of loading,
which may be classified as lever, bolt, or self-loading; and
(3) Shotgun which is a weapon designed, made and
intended to fire a number of ball shots or a single
projectile through a smooth bore by the action or energy
from burning gunpowder.
 so a civilian cannot own an armalite, only those
firearms which are not capable of fully automatic
bursts
Ex: handgun (pistols, revolvers, calibre .45), rifle, shot gun
(gg) Thermal weapon sight refers to a battery operated,
uncooled thermal imaging device which amplifies available
thermal signatures so that the viewed scene becomes clear to
the operator which is used to locate and engage targets during
daylight and from low light to total darkness and operates in
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adverse conditions such as light rain, light snow, and dry
smoke or in conjunction with other optical and red dot sights.
ARTICLE II
OWNERSHIP AND POSSESSION OF FIREARMS
SEC. 4.Standards and Requisites for Issuance of and Obtaining
a License to Own and Possess Firearms.
1. applicant must be a Filipino citizen,
2. at least twenty-one (21) years old and
3. has gainful work, occupation or business or has filed
an Income Tax Return (ITR) for the preceding year as
proof of income, profession, business or occupation.
In addition, the applicant shall submit the following
certification issued by appropriate authorities attesting the
following:
a. The applicant has not been convicted of any
crime involving moral turpitude:
b. The applicant has passed the psychiatric test
administered by a PNP-accredited
psychologist or psychiatrist;
c. The applicant has passed the drug test
conducted by an accredited and authorized
drug testing laboratory or clinic;
d. The applicant has passed a gun safety
seminar which is administered by the PNP
or a registered and authorized gun club;
e. The applicant has filed in writing the
application to possess a registered firearm
which shall state the personal circumstances
of the applicant;
f. The applicant must present a police
clearance from the city or municipality
police office; and
g. The applicant has not been convicted or is
currently an accused in a pending criminal
case before any court of law for a crime that
is punishable with a penalty of more than
two (2) years.
For purposes of this Act, an acquittal or permanent dismissal
of a criminal case before the courts of law shall qualify the
accused thereof to qualify and acquire a license.
The applicant shall pay the reasonable licensing fees as may be
provided in the implementing rules and regulations of this
Act.
An applicant who intends to possess a firearm owned by a
juridical entity shall submit his/her duty detail order to the
FEO of the PNP.
SEC. 5.Ownership of Firearms and Ammunition by a Juridical
Entity. – A juridical person maintaining its own security force
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
may be issued a regular license to own and possess firearms
and ammunition under the following conditions:
(a) It must be Filipino-owned and duly registered with the
Securities and Exchange Commission (SEC);
(b) It is current, operational and a continuing concern;
(c) It has completed and submitted all its reportorial
requirements to the SEC; and
(d) It has paid all its income taxes for the year, as duly certified
by the Bureau of Internal Revenue.
The application shall be made in the name of the juridical
person represented by its President or any of its officers
mentioned below as duly authorized in a board resolution to
that effect: Provided, That the officer applying for the juridical
entity, shall possess all the qualifications required of a citizen
applying for a license to possess firearms.
Other corporate officers eligible to represent the juridical
person are: the vice president, treasurer, and board secretary.
Security agencies and LGUs shall be included in this category
of licensed holders but shall be subject to additional
requirements as may be required by the Chief of the PNP.
SEC. 6.Ownership of Firearms by the National Government. –
All firearms owned by the National Government shall be
registered with the FEO of the PNP in the name of the
Republic of the Philippines. Such registration shall be exempt
from all duties and taxes that may otherwise be levied on other
authorized owners of firearms. For reason of national security,
firearms of the Armed Forces of the Philippines (AFP), Coast
Guard and other law enforcement agencies shall only be
reported to the FEO of the PNP.
SEC. 7.Carrying of Firearms Outside of Residence or Place of
Business. – A permit to carry firearms outside of residence
shall be issued by the Chief of the PNP or his/her duly
authorized representative to any qualified person whose life is
under actual threat or his/her life is in imminent danger due to
the nature of his/her profession, occupation or business.
 If you want to have a firearm, secure license to own
and possess firearm, and a permit to carry firearm
outside residence (PTCFOR)
It shall be the burden of the applicant to prove that his/her life
is under actual threat by submitting a threat assessment
certificate from the PNP.
For purposes of this Act, the following professionals are
considered to be in imminent danger due to the nature of their
profession, occupation or business: TAKE NOTE!
(a) Members of the Philippine Bar;
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(b) Certified Public Accountants;
(c) Accredited Media Practitioners;
(d) Cashiers, Bank Tellers;
(e) Priests, Ministers, Rabbi, Imams;
(f) Physicians and Nurses;
(g) Engineers; and
(h) Businessmen, who by the nature of their business or
undertaking, are exposed to high risk of being targets of
criminal elements
SEC. 8.Authority to Issue License. – The Chief of the PNP,
through the FEO of the PNP, shall issue licenses to qualified
individuals and to cause the registration of firearms.
SEC. 9. Licenses Issued to Individuals. – Subject to the
requirements set forth in this Act and payment of required fees
to be determined by the Chief of the PNP, a qualified
individual may be issued the appropriate license under the
following categories;
o Type 1 license – allows a citizen to own and possess a
maximum of two (2) registered firearms;
o Type 2 license – allows a citizen to own and possess a
maximum of five (5) registered firearms;
o Type 3 license – allows a citizen to own and possess a
maximum of ten (10) registered firearms;
o Type 4 license – allows a citizen to own and possess a
maximum of fifteen (15) registered firearms; and
o Type 5 license – allows a citizen, who is a certified
gun collector, to own and possess more than fifteen
(15) registered firearms.
For Types 1 to 5 licenses, a vault or a container secured by lock
and key or other security measures for the safekeeping of
firearms shall be required.
For Types 3 to 5 licenses, the citizen must comply with the
inspection and bond requirements.
Firearms That May Be Registered (Section 10)
 Only small arms may be registered by licensed
citizens or licensed juridical entities for ownership,
possession and concealed carry.
 A light weapon shall be lawfully acquired or
possessed exclusively by the AFP, the PNP and
other law enforcement agencies authorized by the
President in the performance of their duties.
 Provided, That private individuals who already
have licenses to possess Class-A light weapons
upon the effectivity of this Act shall not be
deprived of the privilege to continue possessing
the same and renewing the licenses therefor, for
the sole reason that these firearms are Class "A"
light weapons, and shall be required to comply
with other applicable provisions of this Act.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
– Because before, civilians can own light
weapons. But now, only small arms may
be registered
License to Possess Ammunition Necessarily Included (Section
12)
IMPORTANT PROVISIONS!
 So, if you have been issued a license to own and
possess firearms, necessarily, you can also possess
ammunitions
 Maximum of fifty (50) rounds for each registered
firearm
 Provided, that the FEO of the PNP may allow more
ammunition to be possessed by licensed sports
shooters.
Issuance of License to Manufacture or Deal In Firearms and
Ammunition (Section 13)
Just read.
Registration of Locally Manufactured and Imported Firearms
(Section 15)
Just read.
Renewal of Licenses and Registration (Section 19)
 All types of licenses to possess a firearm shall be
renewed every two (2) years.
 The registration of the firearm shall be renewed
every four (4) years.
 The failure to renew a license or registration within
the periods stated above on two (2) occasions shall
cause the holder of the firearm to be perpetually
disqualified from applying for any firearm license.
 The application for the renewal of the license or
registration may be submitted to the FEO of the
PNP, within six (6) months before the date of the
expiration of such license or registration.
Death or Disability of Licensee (Section 26)
 Upon the death or legal disability of the holder of a
firearm license, it shall be the duty of his/her next
of kin, nearest relative, legal representative, or
other person who shall knowingly come into
possession of such firearm or ammunition, to
deliver the same to the FEO of the PNP or Police
Regional Office
 Such firearm or ammunition shall be retained by
the police custodian pending the issuance of a
license and its registration in accordance, with this
Act.
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 The failure to deliver the firearm or ammunition
within six (6) months after the death or legal
disability of the licensee shall render the possessor
liable for illegal possession of the firearm.
Unlawful Acquisition, or Possession of Firearms and
Ammunition (Section 28)
The unlawful acquisition, possession of firearms and
ammunition shall be penalized as follows:
1) The penalty of prision mayor in its medium period
shall be imposed upon
– any person who shall unlawfully acquire or possess
a small arm
2) The penalty of reclusion temporal to reclusion perpetua
shall be imposed
– if three (3) or more small arms or Class-A light
weapons are unlawfully acquired or possessed by
any person
3) The penalty of prision mayor in its maximum period
shall be imposed upon
– any person who shall unlawfully acquire or possess
a Class-A light weapon
4) The penalty of reclusion perpetua shall be imposed
upon
– any person who shall, unlawfully acquire or possess
a Class-B light weapon
5) The penalty of one (1) degree higher than that provided
in paragraphs (a) to (c) in this section shall be imposed
upon any person who shall unlawfully possess any
firearm under any or combination of the following
conditions:
―AGGRAVATING‖
(a) Loaded with ammunition or inserted with a loaded
magazine
– If you have ammunition, together with your
unlicensed firearm, the possession of
ammunition is absorbed in the crime of
possession of unlicensed firearm
– If what you possess is only ammunition, you
can be charged with possession of ammunition
– If the ammunition is loaded to your firearm,
that is considered aggravating
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(b) Fitted or mounted with laser or any gadget used to
guide the shooter to hit the target such as thermal
weapon sight (TWS) and the like
(c) Fitted or mounted with sniper scopes, firearm
muffler or firearm silencer
(d) Accompanied with an extra barrel; and
(e) Converted to be capable of firing full automatic
bursts
(f) The penalty of prision mayor in its minimum period
shall be imposed upon
– any person who shall unlawfully acquire or
possess a major part of a small arm
(g) The penalty of prision mayor in its minimum period
shall be imposed upon
– any person who shall unlawfully acquire or
possess ammunition for a small arm or Class-A
light weapon
– If the violation of this paragraph is committed
by the same person charged with the unlawful
acquisition or possession of a small arm, the
former violation shall be absorbed by the latter
 TAKE NOTE: if it is inserted it is Aggravating.
(h) The penalty of prision mayor in its medium period shall
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-A light weapon.
 Take note of Letter G and I.
 In letter G it states, ammunition for a small
arm or Class-A. Actually that Class-A is in
letter I. So, the penalty of prision mayor in its
medium period shall be imposed upon any
person who shall unlawfully acquire or
possess ammunition for Class-A light
weapon.
 If the same person is charged with violation of
possession of Class A light weapon, a possession of
ammunition is absorbed.
(j) The penalty of prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire
or possess a major part of a Class-B light weapon; and
(k) The penalty of prision mayor in its maximum period shall
be imposed upon any person who shall unlawfully acquire
or possess ammunition for a Class-B light weapon. If the
violation of this paragraph is committed by the same person
charged with the unlawful acquisition or possession of a
Class-B light weapon, the former violation shall be absorbed
by the latter.
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MOST IMPORTANT PROVISION!!!
SEC. 29.Use of Loose Firearm in the Commission of a Crime.
– The use of a loose firearm, when inherent in the commission
of a crime punishable under the Revised Penal Code or other
special laws, shall be considered as an aggravating
circumstance:
 When at the time of the arrest, the firearm is used in
the commission of the crime such as homicide,
murder; the possession of the unlicensed firearm is
considered aggravating and not a separate offense.
 Example: Homicide, the use of unlicensed firearm is
aggravating.
 Suppose the crime committed using the unlicensed
firearm has a lower penalty, example, grave threats.
What is the penalty? The penalty for illegal
possession of firearm shall be imposed in lieu of the
penalty for the crime charged.
 ―Provided, that if the crime committed with the
use of a loose firearm is penalized by the law
with a maximum penalty which is lower than
that prescribed in the preceding section for illegal
possession of firearm, the penalty for illegal
possession of firearm shall be imposed in lieu of
the penalty for the crime charged.‖
 TAKE NOTE with this because this may affect
jurisdiction.
o Alarms and scandal per se, which is
punishable by arestomenor and a fine of 200,
the jurisdiction belongs to the first level
courts. With this new law, it could be that
the crime committed with the use of
unlicensed firearm is now cognizable of the
RTC because the jurisdiction of the courts in
criminal cases depends on the penalty
imposable.
o 6 years and below, as a rule, first level
courts. Over 6 years, RTC.
- What about if the penalty for the crime committed
and the penalty for the possession of the unlicensed
firearm are equal?
 You have to suffer 2 penalties.
 ―Provided, further, That if the crime committed
with the use of a loose firearm is penalized by
the law with a maximum penalty which is equal
to that imposed under the preceding section for
illegal possession of firearms, the penalty of
prision mayor in its minimum period shall be
imposed in addition to the penalty for the crime
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
punishable under the Revised Penal Code or
other special laws of which he/she is found
guilty‖
 So, it is as if you are convicted with 2 crimes.
- ―If the violation of this Act is in furtherance of, or
incident to, or in connection with the crime of
rebellion of insurrection, or attempted coup d’ etat,
such violation shall be absorbed as an element of the
crime of rebellion or insurrection, or attempted coup
d’ etat.‖
 So, absorbed.
 Remember that in rebellion, common crimes are
absorbed: murder, homicide, robbery, as long as
they are committed in furtherance of rebellion,
not for personal end. This is what we call the
POLITICAL DOCTRINE.
 If a person is killed, and it is in furtherance of
rebellion, the killing is not murder or homicide
but rebellion. But according to SC, if the accused
is charged by the prosecution with murder, that
is within the powers of the prosecution to charge
the accused with such crime.
 The fiscal, they have the right, the duty to impose
the appropriate crime. Once the case is filed in
court, the accused can raise that so called political
doctrine. He can question the charge in court by
raising the defense of political doctrine. Once the
accused will raise that defense, the court should
conduct a hearing to determine whether the
killing is indeed committed in furtherance of
rebellion. In other words, the court will not
immediately dismiss the case, the court will
determine first whether the killing is really
connected with rebellion. (SaturOcampo Case).
- Sedition is not included. Take note, it is attempted
coup ‗detat.
- TAKE NOTE: when aggravating, when absorbed
and when the possession of unlicensed firearm is
considered a separate crime.
- ―If the crime is committed by the person without
using the loose firearm, the violation of this Act shall
be considered as a distinct and separate offense.‖
 Example: The accused is found in possession of
drugs. He was subjected with a search warrant
and when his house was searched drugs were
confiscated. In plain view, the police found
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unlicensed firearms. What crime or crimes are
committed by the accused?
o Violation of Sec. 11 as regards
possession of dangerous drugs and
violation of the possession of unlicensed
firearm.
SEC. 30.Liability of Juridical Person. – The penalty of prision
mayor in its minimum to prision mayor in its medium period
shall be imposed upon the owner, president, manager, director
or other responsible officer of/any public or private firm,
company, corporation or entity who shall willfully or
knowingly allow any of the firearms owned by such firm,
company, corporation or entity to be used by any person or
persons found guilty of violating the provisions of the
preceding section, or willfully or knowingly allow any of them
to use unregistered firearm or firearms without any legal
authority to be carried outside of their residence in the course
of their employment.
SEC. 31.Absence of Permit to Carry Outside of Residence. –
The penalty of prisioncorreccional and a fine of Ten thousand
pesos (P10,000.00) shall be imposed upon any person who is
licensed to own a firearm but who shall carry the registered
firearm outside his/her residence without any legal authority
therefor.
- If you want to carry your unlicensed firearm outside
your residence, you have to have a Permit to Carry
Firearm Outside Residence.
- The penalty if you carry your firearm without permit
to carry is prisioncorreccional and a fine of Ten
thousand pesos (P10,000.00), MTC jurisdiction.
- If you commit a crime using that firearm, the same
penalty. That would be considered aggravating. Even
if you have licence, that is still considered unlicensed
because you do not have the permit to carry.
SEC. 32. Unlawful Manufacture, Importation, Sale or
Disposition of Firearms or Ammunition or Parts Thereof,
Machinery, Tool or Instrument Used or Intended to be Used
in the Manufacture of Firearms, Ammunition or Parts
Thereof. – The penalty of reclusion temporal to reclusion
perpetua shall be imposed upon any person who shall
unlawfully engage in the manufacture, importation, sale or
disposition of a firearm or ammunition, or a major part of a
firearm or ammunition, or machinery, tool or instrument used
or intended to be used by the same person in the manufacture
of a firearm, ammunition, or a major part thereof.
- Sale – gun runner
- Reclusion temporal to reclusion perpetua
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
The possession of any machinery, tool or instrument used
directly in the manufacture of firearms, ammunition, or
major parts thereof by any person whose business,
employment or activity does not lawfully deal with the
possession of such article, shall be prima facie evidence that
such article is intended to be used in the unlawful or illegal
manufacture of firearms, ammunition or parts thereof.
PD 1866 as Amended by 10591
SEC. 33. Arms Smuggling. – The penalty of reclusion
perpetua shall be imposed upon any person who shall
engage or participate in arms smuggling as defined in this
Act.
- Bringing through a Balik Bayan Box
SEC. 34. Tampering, Obliteration or Alteration of Firearms
Identification.
- imposed upon any person who shall tamper, obliterate
or alter without authority the barrel, slide, frame,
receiver, cylinder, or bolt assembly, including the
name of the maker, model, or serial number of any
firearm, or who shall replace without authority the
barrel, slide, frame, receiver, cylinder, or bolt
assembly, including its individual or peculiar
identifying characteristics essential in forensic
examination of a firearm or light weapon.
SEC. 35. Use of an Imitation Firearm. – An imitation firearm
used in the commission of a crime shall be considered a real
firearm as defined in this Act and the person who committed
the crime shall be punished in accordance with this Act:
Provided, That injuries caused on the occasion of the conduct
of competitions, sports, games, or any recreation activities
involving imitation firearms shall not be punishable under this
Act.
- Suppose the imitation firearm is used in the commission
of a crime, considered as a real fire arm
- Mere possession may not be considered as a crime, but
if used in the commission then it will be considered as
a real firearm
SEC. 36. In Custodia Legis. – During the pendency of any
case filed in violation of this Act, seized firearm,
ammunition, or parts thereof, machinery, tools or
instruments shall remain in the custody of the court. If the
court decides that it has no adequate means to safely keep
the same, the court shall issue an order to turn over to the
PNP Crime Laboratory such firearm, ammunition, or parts
thereof, machinery, tools or instruments in its custody during
the pendency of the case and to produce the same to the court
when so ordered. No bond shall be admitted for the release
of the firearm, ammunition or parts thereof, machinery, tool
or instrument.
- Under the custody of the court during the pendency of
the case
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- No bond is necessary for the release
- If the case involved PD 1866, the firearm should be
deposited to the court
SEC. 37. Confiscation and Forfeiture. – The imposition of
penalty for any violation of this Act shall carry with it the
accessory penalty of confiscation and forfeiture of the
firearm, ammunition, or parts thereof, machinery, tool or
instrument in favor of the government which shall be
disposed of in accordance with law.
- The firearm shall be confiscated in favor of the
government and disposed of in accordance with law
- Turn over to the FEO
SEC. 38. Liability for Planting Evidence. –imposed upon any
person who shall willfully and maliciously insert; place,
and/or attach, directly or indirectly, through any overt or
covert act, any firearm, or ammunition, or parts thereof in the
person, house, effects, or in the immediate vicinity of an
innocent individual for the purpose of implicating or
incriminating the person, or imputing the commission of any
violation of the provisions of this Act to said individual. If
the person found guilty under this paragraph is a public
officer or employee, such person shall suffer the penalty of
reclusion perpetua.
- Penalty of "laglag bala" PM
- If he is a public officer then RP (aggravating)
- Without prejudice to any other criminal liability
including robbery
o There is threat or intimidation, through
threat of filing a case. It is not bribery
- If drugs then under RA 9165 - life sentence
SEC. 39. Grounds for Revocation, Cancellation or Suspension
of License or Permit. – The Chief of the PNP or his/her
authorized representative may revoke, cancel or suspend a
license or permit on the following grounds:
a) Commission of a crime or offense involving the
firearm, ammunition, of major parts thereof;
b) Conviction of a crime involving moral turpitude or
any offense where the penalty carries an
imprisonment of more than six (6) years;
c) Loss of the firearm, ammunition, or any parts thereof
through negligence;
d) Carrying of the firearm, ammunition, or major parts
thereof outside of residence or workplace without,
the proper permit to carry the same;
- Aside from possible criminal liability, the license may
also be removed
e) Carrying of the firearm, ammunition, or major parts
thereof in prohibited places;
f) Dismissal for cause from the service in case of
government official and employee;
g) Commission of any of the acts penalized under
Republic Act No. 9165, otherwise known as the
―Comprehensive Dangerous Drugs Act of 2002″;
- if you have many difference licensed guns but you are a
drug lord, that is ground for revocation.
h) Submission of falsified documents or
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
misrepresentation in the application to obtain a
license or permit;
i) Noncompliance of reportorial requirements; and
j) By virtue of a court order.
SEC. 40. Failure to Notify Lost or Stolen Firearm or Light
Weapon.
- Fine P10,000 for failure to report for loss of firearm
within 30 days from date of discovery
- Fine 5000 for not notifying change in residence within
30 days from transfer
SEC. 41. Illegal Transfer/Registration of Firearms. – It shall
be unlawful to transfer possession of any firearm to any
person who has not yet obtained or secured the necessary
license or permit thereof.
Any public officer or employee or any person who shall
facilitate the registration of a firearm through fraud, deceit,
misrepresentation or submission of falsified documents shall
suffer the penalty of prision correccional.
- A license firearm can be sold, even in the newspaper.
But to sell it the buyer must be a license holder to own
and posses a firearm
- If you sell to a person without a license then the buyer
may be charged under this law. The license is not
transferrable.
- The penalty of prision correccional shall be imposed
upon any person who shall violate the provision of
the preceding paragraph. In addition, he/she shall be
disqualified to apply for a license to possess other
firearms and all his/her existing firearms licenses
whether for purposes of commerce or possession,
shall be revoked. If government-issued firearms,
ammunition or major parts of firearms or light
weapons are unlawfully disposed, sold or transferred
by any law enforcement agent or public officer to
private individuals, the penalty of reclusion temporal
shall be imposed.
- If the firearm sold is government issued, then the
penalty to private individuals will be RT but without
prejudice to other criminal liabilities
If you are a civilian asset of the military and then you are
issued with a mission order, is it valid?
- It is not valid, it will not replace the regular firearms
license
- People vs. Sayco March 3, 2008
o The mission order was ordered to him could
not replace the regular license
o Look at the answer of good faith
People vs. Evangelista G.R. No. 163267 May 5, 2010
Elements of Possession of Unlicensed Firearm
1. Existence of the Subject firearm
- The firearm must be presented and proved in court by
presenting it in court
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
2. The fact that the accused possessing the firearm
does not have the corresponding license
- In RA 9165 - negative element of the crime not required
to be proved
- In PD 1866 - the other way around, the prosecution
must be able to present a certification from the FEO
that the accused is indeed not licensed to own or
possess a firearm
- Failure on the part of the prosecution to present the
certification is fatal
- The prosecution however is not required to present the
signatory, the certification is a public document and is
in itself self-authenticating
- It is enough to present and mark the certificate as
evidence
3. The accused is fully and consciously aware of being
in possession of an unlicensed firearm
- Animus possidendi
- If you are cleaning your house and then when you are
sweeping the garbage, there is a gun or ammunition,
knowing that it is prohibited; you bring it to the
police station. On your way there is a check point.
o You are not liable because of the lack of the
3rd element. No animus possidendi
To convict an accused, the prosecution must clearly establish
the existence of the firearm. To establish the existence:
1. Presenting the firearm in court
- Just like presenting dangerous drugs, because it is the
corpus delicti of the crime
- There was a case where the presentation was not made;
the prosecution only presented testimonial evidence.
SC accepted the testimony:
o Testimony of a witness who saw the accused in
possession of the firearm is sufficient Pp. vs.
Del Rosario G.R. No. 142296 May. 21, 2001
o People vs. Narvasa G.R. No. 128618 Nov. 16, 1998
o Pp. vs Baleroso G.R. No. 164815 Feb. 22, 2008
People vs. Lion G.R. No. 115988 March 29, 1996
No animus possidendi if the possession or control is merely:
1. Temporary
2. Incidental
3. Casual
Altellero vs. Casimero April 25, 2012
- The police received a report that there are persons
armed in a place. When reaching the place the police
saw the baranggay captain who was walking wobbly
and used an armalite as a cane. The baranggay
captain was apprehended and required documents
for the firearm, the baranggay captain was only able
to present license to own and possess, no PTC. He
was charged,
- Under section 389 - b of the local government code, A
baranggay captain is authorized to possess and carry
firearm within his territorial jurisdiction. While
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
within the territory of his baranggay, he need not
secure a permit to carry outside his residence. As long
as he is within his jurisdiction (baranggay)
PD 1866 likewise penalize possession, manufacturing, etc
explosives. It was not completely repealed by RA 10591
because it pertains only to possession of firearms.
Section 3. Unlawful Manufacture, Sales, Acquisition,
Disposition, Importation or Possession of an Explosive or
Incendiary Device - The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or
possess any explosive.
- If you possess hand grenade (in your home), you will
be penalized with reclusion perpetua.
―or incendiary device, with knowledge of its existence and its
explosive or incendiary character‖
- Meaning, there is animus possidendi
―where the explosive or incendiary device is capable of
producing destructive effect on contiguous objects or causing
injury or death to any person, including but not limited to,
hand grenade(s), rifle grenade(s), 'pillbox bomb', 'molotov
cocktail bomb', 'fire bomb', and other similar explosive and
incendiary devices.‖
- Is firecracker included as explosive? NO if it is not
capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
"Provided, That mere possession of any explosive or
incendiary device shall be prima facie evidence that the person
had knowledge of the existence and the explosive or incendiary
character of the device.‖
- Animus possidendi is presumed.
"Provided, however, That a temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device, without the knowledge of its existence or
its explosive or incendiary character, shall not be a violation
of this Section.‖
- If there is no animus possidendi, or if the possession
is merely temporary, incidental or casual, it is
harmless.
- If you found a bomb and carried it in the police
station and you were caught, you are not liable.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
"Provided, Further, That the temporary, incidental, casual,
harmless, or transient possession or control of any explosive
or incendiary device for the sole purpose of surrendering it to
the proper authorities shall not be a violation of this Section.‖
SEC 3-A. Unlawful Manufacture, Sales, Acquisition,
Disposition, Importation or Possession of a Part, Ingredient,
Machinery, Tool or Instrument Used or Intended to be Used
for the Manufacture, Construction, Assembly, Delivery or
Detonation. - The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and unlawfully
manufacture, assemble, deal in, acquire, dispose, import or
possess any part, ingredient, machinery, tool or instrument of
any explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, used or
intended to be used by that person for its manufacture,
construction, assembly, delivery or detonation, where the
explosive or incendiary device is capable or is intended to be
made capable of producing destructive effect on contiguous
objects or causing injury or death to any person.
- This if it for unlawful manufacture or sale.
- If you only possess, it is under Section 3. Penalty is
reclusion perpetua.
"Provided, That the mere possession of any part, ingredient,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, by any person whose
business activity, or employment does not lawfully deal with
the possession of such article shall be prima facie evidence
that such article is intended to be used by that person in the
unlawful/illegal manufacture, construction, assembly, delivery
or detonation of an explosive or incendiary device.‖
"Provided, however, That a temporary incidental, casual,
harmless or transient possession or control of any part,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device, without the knowledge of
its existence or character as part, ingredient, machinery, tool
or instrument directly used in the manufacture, construction,
assembly, delivery or detonation of any explosive or
incendiary device, shall not be a violation of this Section.‖
"Provided, Further, That the temporary, incidental, casual,
harmless, or transient possession or control of any part,
ingredient, machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or detonation of
any explosive or incendiary device for the sole purpose of
surrendering it to the proper authorities shall not be a
violation of this Section.‖
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
"Provided, finally, That in addition to the instances provided
in the two (2) immediately preceeding paragraphs, the court
may determine the absence of the intent to possess, otherwise
referred to as 'animus possidendi', in accordance with the facts
and circumstances of each case and the application of other
pertinent laws, among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
SEC. 3-B. Penalty for the Owner, President, Manager,
Director or Other Responsible Officer of Any Public or
Private Firm, Company, Corporation or Entity. - The penalty
of reclusion perpetua shall be imposed upon the owner,
president, manager, director or other responsible officer of any
public or private firm, company, corporation or entity, who
shall willfully or knowingly allow any explosive or
incendiary device or parts thereof owned or controlled by such
firm, company, corporation or entity to be used by any person
or persons found guilty of violating the provisions of the
preceding paragraphs.
- This is the penalty for the owners and officers of the
corporation.
- Who shall willfully or knowingly allow any explosive
or incendiary device or parts thereof owned or
controlled by such firm, company, corporation or
entity to be used by any person or persons found
guilty of violating the provisions of the preceding
paragraphs.
SEC. 3-C. Relationship of Other Crimes with a Violation of
this Decree and the Penalty Therefor. - When a violation of
Section 3, 3-A or 3-B of this Decree is a necessary means for
committing any of the crimes defined in the Revised Penal
Code or special laws, or is in furtherance of, incident to, in
connection with, by reason of, or on occassion of any of the
crimes defined in the Revised Penal Code or special laws, the
penalty of reclusion perpetua and a fine ranging from One
hundred Thousand pesos (P100,000.00) to One million pesos
(P1,000,000.00) shall be imposed.
- Example, you have a grenade and you used it to
threaten someone, you can be held liable for grave
threats.
- Penalty is reclusion perpetua and if the same is used
in the commission of a crime, reclusion perpetua for
possession explosive as well as the penalty of the
crime committed.
- What about if the explosice was used to kill a person?
Crime committed is murder.
SEC. 3-D. Former Conviction or Acquittal; Double Jeopardy.
- Subject to the provisions of the Rules of Court on double
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
jeopardy, if the application thereof is more favorable to the
accused, the conviction or acquittal of the accused or the
dismissal of the case for violation of this Decree shall be a bar
to another prosecution of the same accused for any offense
where the violation of this Decree was a necessary means for
committing the offense or in furtherance of which, incident to
which, in connection with which, by reason of which, or on
occasion of which, the violation of this Decree was committed,
and vice versa.
SEC. 4.Responsibility and liability of Law Enforcement
Agencies and Other Government Officials and Employees in
Testifying as Prosecution Witnesses.
- This is about command responsibility. This is similar
to the provision of RA 9165 pertaining to the
witnesses who refuse to appear in court or wilfully
failed to appear in court.
―Any member of law enforcement agencies or any other
government official and employee who, after due notice, fails
or refuses, intentionally or negligently, to appear as a witness
for the prosecution of the defense in any proceeding, involving
violations of this Decree, without any valid reason, shall be
punished with reclusion temporal and a fine of Five hundred
Thousand pesos (P500,000.00) in addition to the administrative
liability he/she may be meted out by his/her immediate
superior and/or appropriate body.‖
―The immediate superior of the member of the law enforcement
agency or any other government employee mentioned in the
preceding paragraph shall be penalized with
prisioncorreccional and a fine of not less than Ten Thousand
pesos (P10,000.00) but not more than Fifty thousand pesos
(P50,000.00) and in addition, perpetual absolute
disqualification from public officeif despite due notice to
them and to the witness concerned, the former does not exert
reasonable effort to present the latter to the court.‖
―The member of the law enforcement agency or any other
government employee mentioned in the preceding paragraphs
shall not be transferred or reassigned to any other government
office located in another territorial jurisdiction during the
pendency of the case in court.― Except of course if there is a
compelling reason.
SEC 4-A. Criminal Liability for Planting of Evidence. - Any
person who is found guilty of 'planting' any explosive or
incendiary device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device, whether
chemical, mechanical, electronic, electrical or otherwise, shall
suffer the penalty of reclusion perpetua.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- If it is committed by law enforcers, it is hard to prove
because they are presumed to have performed their
duties.
- The court will weigh the testimony of the enforcing
officers or testimony of the accused.
(The rest of the sections/provisions are for reading purposes.)
R.A No. 9995
Anti-Photo and Video Voyeurism Act of 2009
- This law has something to do with our right to
privacy and dignity which is one of our human rights.
Broadcast
- means to make public, by any means, a visual image
with the intent that it be viewed by a person or
persons.
Capture
- with respect to an image, means to videotape,
photograph, film, record by any means, or broadcast.
Female breast
- means any portion of the female breast.
Photo or video voyeurism
- means the act of taking photo or video coverage of a
person or group of persons performing sexual act or
any similar activity or of capturing an image of the
private area of a person or persons without the
latter's consent, under circumstances in which such
person/s has/have a reasonable expectation of
privacy, or
 so it can be that it is with consent
 reasonable expectation of privacy
o meaning, you can remove your
clothes without being worried that
a picture is taken on you.
o believe that he/she could disrobe in
privacy, without being concerned
that an image or a private area of
the person was being captured; or
circumstances in which a It is hereby prohibited and declared unlawful for any person:
reasonable person would believe
that a private area of the person
would not be visible to the public,
regardless of whether that person is
in a public or private place.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- the act of selling, copying, reproducing, broadcasting,
sharing, showing or exhibiting the photo or video
coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones
and similar means or device without the written
consent of the person/s involved, notwithstanding
that consent to record or take photo or video
coverage of same was given by such person's.
 The case of Hayden Kho, taking the video
and uploaded it in the internet. Hayden Kho
would have been convicted under this
provision of law if this was enacted during
the time of their scandal. He was charged
under RA 9262 alleging that the video
coverage was taken without the consent of
Halili. But it was dismissed. But if this law
was enacted before, he would have been
liable because if a picture is shared or made
public, it does not require written consent.
"Private area of a person"
 means the naked or undergarment clad genitals,
public area, buttocks or female breast of an
individual
"Under circumstances in which a person has a reasonable
expectation of privacy"
 means believe that he/she could disrobe in
privacy, without being concerned that an image or
a private area of the person was being captured, or
 circumstances in which a reasonable person would
believe that a private area of the person would not
be visible to the public, regardless of whether that
person is in a public or private place
Q: How about in KTV bars where women dance naked
and someone took pictures or videos the same, is the one
taking the photo or the video liable?
A: No, because they are not under the circumstances
where a person has reasonable expectation of privacy.
Prohibited Acts (Section 4)
(a) To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person such
as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
the person involved and under circumstances in which
the person has a reasonable expectation of privacy
(b) To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without
consideration;
(c) To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
(d) To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or
show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity
through VCD/DVD, internet, cellular phones and other
similar means or device.
 The prohibition under paragraphs (b), (c) and (d) shall
apply notwithstanding that consent to record or take
photo or video coverage of the same was given by such
person/s. Any person who violates this provision shall
be liable for photo or video voyeurism as defined
herein.
Penalties (Section 5)
 The penalty of imprisonment of not less that three (3)
years but not more than seven (7) years and a fine of
not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand
pesos (P500,000.00), or both, at the discretion of the
court
 If the violator is a juridical person, its license or
franchise shall be automatically be deemed revoked
and the persons liable shall be the officers thereof
including the editor and reporter in the case of print
media, and the station manager, editor and broadcaster
in the case of a broadcast media.
Exemption (Section 6)
 Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is
authorized by a written order of the court, to use the
record or any copy thereof as evidence in any civil,
criminal investigation or trial of the crime of photo or
video voyeurism.
Inadmissibility of Evidence (Section 7)
 Any record, photo or video, or copy thereof, obtained
or secured by any person without court order shall not
be admissible in evidence in any judicial, quasi-judicial,
legislative or administrative hearing or investigation
 But it may be admissible in evidence against the person
who took such photo or video
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Q: What if the offender did not take any picture or video but
instead used his fertile memory, what was the crime
committed?
A: Unjust vexation or ―Rape ex parte‖ (JOKE! haha)
RA 4200
ANTI-WIRE TAPPING ACT
Acts Penalized (Very important!)
 It shall be unlawful for any person, not being
authorized by all the parties to any private
communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word by using a device
commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or
however otherwise described
– ―Any person‖, including the participant of s
conversation
 It shall also be unlawful for any person, be he a
participant or not in the act or acts penalized in the next
preceding sentence
i. to knowingly possess any tape record, wire
record, disc record, or any other such record,
or copies thereof, of any communication or
spoken word in the manner prohibited by this
law; or
ii. to replay the same for any other person or
persons; or
iii. to communicate the contents thereof, either
verbally or in writing, or
iv. to furnish transcriptions thereof, whether
complete or partial, to any other person
 Provided, that the use of such record or any copies
thereof as evidence in any civil, criminal investigation
or trial of offenses mentioned in section 3 hereof, shall
not be covered by this prohibition.
– The recording may be used as evidence against the
violator
Q: Is the telephone extension covered by the prohibition under
this law?
A: Gaanan vs IAC, GR. L-69809, Oct. 16, 1986
No, because a telephone extension line is not the device or
arrangement contemplated by the law and the use of an
extension line cannot be considered as wire-tapping. (No.
XX, MCQ, 2013 BAR)
Penalties (Sec. 2)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

 Imprisonment for not less than six (6) months or more

than six (6) years and with the accessory penalty of
perpetual absolute disqualification
Section 3

 Nothing contained in this Act, however, shall render it

unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of:
i. treason,
ii. espionage,
August 24, 2016
iii. provoking war and disloyalty in case of war,
piracy, Review
iv. mutiny in the high seas, rebellion, conspiracy
and proposal to commit rebellion, PD 1866
v. inciting to rebellion, sedition, conspiracy to
commit sedition, - Mentioned the crime of rebellion – common crimes are
vi. inciting to sedition, absorbed in rebellion include violation of PD 1866
vii. kidnapping as defined by the RPC, and - To be absorbed, the common crimes must have been
viii. violations of Commonwealth Act No. 616, committed in furtherance of rebellion
punishing espionage and EX: When a person who is a rebel kills another person in
ix. other offenses against national security furtherance of rebellion, then the crime committed is not
– IOW, the appropriate law enforcement agencies can murder or homicide but rebellion.
wiretap any private communication of persons who
committed the above-mentioned crimes, provided POLITICAL OFFENSE DOCTRINE
that there must be prior court order issued (by the
RTC) Under the political offense doctrine, "common crimes,
perpetrated in furtherance of a political offense, are divested of
 Provided, however, That in cases involving the offenses of
their character as "common" offenses and assume the political
rebellion, conspiracy and proposal to commit rebellion,
complexion of the main crime of which they are mere
inciting to rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority shall ingredients, and, consequently, cannot be punished separately
be granted only upon prior proof: from the principal offense, or complexed with the same, to
justify the imposition of a graver penalty."
(a) that a rebellion or acts of sedition, as the case
may be, have actually been or are being
committed;
(b) that there are reasonable grounds to believe
that evidence will be obtained essential to the THE POLITICAL OFFENSE DOCTRINE IS NOT A GROUND
conviction of any person for, or to the solution TO DISMISS THE CHARGE AGAINST PETITIONERS PRIOR
of, or to the prevention of, any of such crimes; TO A DETERMINATION BY THE TRIAL COURT THAT THE
and MURDERS WERE COMMITTED IN FURTHERANCE OF
(c) that there are no other means readily available REBELLION
for obtaining such evidence
Section 4 Any ordinary act assumes a different nature by being absorbed
in the crime of rebellion. Thus, when a killing is committed in
 Any communication or spoken word, or the existence, furtherance of rebellion, the killing is not homicide or murder.
contents, substance, purport, effect, or meaning of the Rather, the killing assumes the political complexion of
same or any part thereof, or any information therein rebellion as its mere ingredient and must be prosecuted and
contained obtained or secured by any person in punished as rebellion alone.
violation of the preceding sections of this Act shall not
be admissible in evidence in any judicial, quasi-judicial, However, this is not to say that public prosecutors are obliged
legislative or administrative hearing or investigation. to consistently charge respondents with simple rebellion
instead of common crimes. No one disputes the well-
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
entrenched principle in criminal procedure that the institution
of criminal charges, including whom and what to charge, is
addressed to the sound discretion of the public prosecutor.
But when the political offense doctrine is asserted as a defense
in the trial court, it becomes crucial for the court to determine
whether the act of killing was done in furtherance of a political
end, and for the political motive of the act to be conclusively
demonstrated.
IOW an accused charged with murder would raise the defense
of political offense doctrine the court should not automatically
dismiss the case. It should conduct trial to determination
whether the killings were actually committed in furtherance of
rebellion.
If it appears at any time before judgment that a mistake has
been made in charging the proper offense, the court shall
dismiss the original complaint or information upon the filing
of a new one charging the proper offense in accordance with
Section 19, Rule 119, provided the accused shall not be placed
in double jeopardy. (Ocampo v. Abando, GR 176830, 185587,
185636, 190005, February 11, 2014, 726 PHIL 441-497)
IOW the court will not immediately dismiss the case if the
accused would raise the political offense doctrine but further
the court should conduct trial or the prosecution to present
evidence to determine whether the killings were committed in
furtherance of rebellion. If the court finds that indeed the
killings were committed in furtherance of rebellion, it will
order the dismissal of the case upon only when the proper
information charging the appropriate offense is filed.
REPUBLIC ACT NO. 8049
AN ACT REGULATING HAZING AND OTHER FORMS
OF INITIATION RITES IN FRATERNITIES, SORORITIES,
AND ORGANIZATIONS AND PROVIDING PENALTIES
THEREFOR (Anti-Hazing Law, REPUBLIC ACT NO. 8049,
[June 7, 1995])
SECTION 1. Hazing as used in this Act is an initiation rite or
practice as a prerequisite for admission into membership in a
fraternity, sorority or organization by placing the recruit neophyte or
applicant in some embarrassing or humiliating situations such as
forcing him to do menial, silly, foolish and similar tasks or activities
or otherwise subjecting him to physical or psychological suffering or
injury.
The term organization shall include any club or the Armed Forces
of the Philippines, Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the Citizen's Military
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Training, or Citizen's Army Training. The physical, mental and
psychological testing and training procedure and practices to
determine and enhance the physical, mental and psychological fitness
of prospective regular members of the Armed Forces of the
Philippines and the Philippine National Police as approved by the
Secretary of National Defense and the National Police Commission
duly recommended by the Chief of Staff, Armed Forces of the
Philippines and the Director General of the Philippine National
Police shall not be considered as hazing for the purpose of this Act.
- Villareal v. People, GR 151258, December 1, 2014: case which
triggered the enactment of the law
- Hazing is not illegal per se. This law does not prohibit
hazing, what is prohibited is hazing which is done by
inflicting physical violence or injury but hazing which is
done without causing any injury or any physical injury to
the recruit neophyte or applicant is not prohibited.
EX: If military personnel would create on his own anything
which involves physical, mental or psychological testing to
a recruit then that is considered hazing.
SECTION 2. No hazing or initiation rites in any form or manner by
a fraternity, sorority or organization shall be allowed without prior
written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice
shall indicate the period of the initiation activities which shall not
exceed three (3) days, shall include the names of those to be subjected
to such activities, and shall further contain an undertaking that no
physical violence be employed by anybody during such initiation
rites.
- This law does not completely prohibit hazing. This law
merely regulates hazing. As a form of regulation, one way
to regulate hazing is that the group or the fraternity who is
going to conduct an initiation of rites is required to notify
the school or the head of the organization 7 days before the
conduct of such initiation and the school authorities must
see to it that no physical violence should be employed.
- Does not provide for a penalty for the non-compliance.
SECTION 3. The head of the school or organization or their
representatives must assign at least two (2) representatives of
the school or organization as the case may be, to be present during
the initiation. It is the duty of such representative to see to it that no
physical harm of any kind shall be inflicted upon a recruit, neophyte
or applicant.
- The head of the organization or school or representatives is
told to promise that no physical violence would occur.
Other than his promise, must assign at least 2
representatives present be during the initiation rite to see to
it that no physical harm shall be inflicted on the recruit or
applicant.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Section 4. PENALTIES
4. RECLUSION TEMPORAL IN ITS MINIMUM PERIOD
If the person subjected to hazing or other forms of initiation
rites suffers any physical injury or dies as a result thereof, the (12 years and one day to 14 years and 8 months)

 officers and  if in consequence of the hazing the victim shall

 members of the fraternity, sorority or organization become:

who ACTUALLY PARTICIPATED in the infliction of  deformed or

physical harm shall be liable as PRINCIPALS. The  shall have lost any other part of his body, or
person or persons who participated in the hazing  shall have lost the use thereof, or
shall suffer:  shall have been ill or incapacitated for the
performance on the activity or work in which he was
1. RECLUSION PERPETUA (LIFE IMPRISONMENT) if habitually engaged for a period of more than ninety
(90) days.
a. death,
b. rape, 5. PRISON MAYOR IN ITS MAXIMUM PERIOD
c. sodomy or
d. mutilation results there from. (10 years and one day to 12 years)

- They will not be charged anymore under the  if in consequence of the hazing the victim shall have
RPC, but here. been ill or incapacitated for the performance on the
activity or work in which he was habitually engaged
for a period of more than thirty (30) days.
- Those responsible for Villa were just convicted of
Reckless Imprudence resulting in Homicide
6. PRISON MAYOR IN ITS MEDIUM PERIOD
because this law wasn‘t enacted that time yet.
(8 years and one day to 10 years)
2. RECLUSION TEMPORAL IN ITS MAXIMUM PERIOD
 if the injury is less serious.
(17 years, 4 months and 1 day to 20 years) if in consequence of the
hazing the victim shall become
7. PENALTY OF PRISON MAYOR IN ITS MINIMUM
PERIOD
a. insane,
b. imbecile,
(6 years and one day to 8 years)
c. impotent or
d. blind.
 if the injury would require medical attendance of one
(1) to nine (9) days.
- Under the RPC, this is characterized as serious
physical injuries and the penalty is Prision
 This is 2 degrees higher than that in the RPC.
Mayor, but here it is reclusion temporal in its
maximum period. So the penalty here is higher. NOTE: The responsible officials of the school or of the police,
military or citizen's army training organization, may impose
3. RECLUSION TEMPORAL IN ITS MEDIUM PERIOD
the appropriate administrative sanctions on the person or the
persons charged under this provision even before their
(14 years, 8 months and one day to 17 years and 4 months)
conviction.
- if in consequence of the hazing the victim shall have
 They can thus be subjected to expulsion.
 lost the use of speech or
AGGRAVATING CIRCUMSTANCES:
 the power to hear or to smell, or
 shall have lost an eye, a hand, a foot, an arm or a leg
(a) when the recruitment is accompanied by force,
or
violence, threat, intimidation or deceit on the person
 shall have lost the use of any such member shall have
of the recruit who refuses to join;
become incapacitated for the activity or work in
which he was habitually engaged.
(b) when the recruit, neophyte or applicant initially
- Under the RPC this is also Serious Physical Injuries, consents to join but upon learning that hazing will be
but the penalty here is also higher. committed on his person, is prevented from quitting;

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“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(c) when the recruit, neophyte or applicant having
undergone hazing is prevented from reporting the
unlawful act to his parents or guardians, to the proper
school authorities, or to the police authorities,
through force, violence, threat or intimidation;
(d) when the hazing is committed outside of the school or
institution; or
(e) when the victim is below twelve (12) years of age at
the time of the hazing.
NOTE:
 The owner of the place where hazing is conducted shall be
liable as an ACCOMPLICE, provided that
1. he has actual knowledge of the hazing conducted
therein but
2. failed to take any action to prevent the same from
occurring.
 If you are the owner of the beach house which was
rented by the fraternity for example, you have to
immediately take action upon learning that hazing is
about to or is being conducted in the said beach
house.
 If the hazing is held in the home of one of the officers or
members of the fraternity, group, or organization, the
parents shall be held liable as PRINCIPALS
1. when they have actual knowledge of the hazing
conducted therein but
2. failed to take any action to prevent the same from
occurring.
 The school authorities including faculty members
1. who consent to the hazing or
2. who have actual knowledge thereof,
3. but failed to take any action to prevent the same from
occurring
- shall be punished as ACCOMPLICES for the acts of
hazing committed by the perpetrators.
Take Note: the mere fact that you have knowledge of
the commission of the crime does not make you liable,
much less as a principal, except only for misprision of
treason.
- The fact that you failed to prevent the commission of
a crime doesn‘t make you liable for any crime under
the RPC but it is different here, because mere
knowledge and failure to prevent hazing can make
you liable either as a principal or an accomplice.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 The officers, former officers, or alumni of the
organization, group, fraternity or sorority
- who actually planned the hazing although not
present when the acts constituting the hazing were
committed shall be liable as PRINCIPALS.
- If you joined in the planning but you weren‘t present
in the actual hazing because it‘s midterms, you are
still liable as a principal.
 A fraternity or sorority's adviser
- who is present when the acts constituting the hazing
were committed and failed to take action to prevent
the same from occurring shall be liable as
PRINCIPAL.
The presence of any person during the hazing is prima facie
evidence of participation therein as principal unless he
prevented the commission of the acts punishable herein.
- Note that under the RPC, mere presence in the crime
scene will not make you liable unless you perform
any act in furtherance of the commission of the crime.
- But here in hazing, mere presence is a prima facie
evidence of participation.
Any person charged under this provision shall NOT BE
ENTITLED TO THE MITIGATING CIRCUMSTANCE
THAT THERE WAS NO INTENTION TO COMMIT SO
GRAVE A WRONG.
Note: This section shall apply to the president, manager,
director or other responsible officer of a corporation engaged
in hazing as a requirement for employment in the manner
provided herein.
To summarize (Pp. vs Dungo GR No. 209464, July 1, 2015):
The following shall be liable as PRINCIPALS:
1. The actual participants in the hazing
- the presence of any person during the hazing is prima
facie evidence of actual participation, unless he
prevented the commission of the acts punishable
herein
2. The officers, former officers, or alumni of the
organization, group, fraternity or sorority who
actually planned the hazing
- Although these planners were not present during the
hazing.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
3. The officers or members of an organization group,
fraternity or sorority who induced the victim to be
present thereat
4. The fraternity or sorority's adviser who was present
when the acts constituting hazing were committed,
and failed to take action to prevent them from
occurring.
5. The parents of the officers or members of the
fraternity, group, or organization, who owns the
house where the hazing was conducted and failed to
take action to prevent the hazing.
The following shall be liable as ACCOMPLICE:
1. The school authorities, including faculty members,
who consented to the hazing or who have actual
knowledge thereof, but failed to take any action to
prevent the same;
2. The owner of the place where the hazing was
conducted can also be an accomplice to the crime,
when he has actual knowledge of the hazing
conducted therein and he failed to take any steps to
stop the same.
RA. 6539 AN ACT PREVENTING AND PENALIZING
CARNAPPING
- The anti- carnapping act was enacted in order to
remedy the discrepancy created by the RPC. Because
carnapping is actually theft or robbery of motor
vehicle.
Discrepancy in the RPC:
First scenario:
Let‘s say you stole a parked car. The car is worth
1Million, the crime there is qualified theft because it‘s
a motor vehicle and so the penalty is Reclusion
Perpetua.
Second scenario:
Suppose there‘s a driver inside playing pokemon.
You knocked and told him ―get out from the car this
is carnap!‖ What is the crime there? Ans. Simple
Robbery and the penalty is Prision mayor.
- Note that in the 1st scenario, the penalty is higher
than the robbery mentioned in the 2nd scenario,
notwithstanding the fact that in the 2nd scenario,
the victim was present.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
- This is the purpose of the anti- carnapping act- in
order to remedy the discrepancy in the penalties
under the RPC.
CARNAPPING" is the taking, with intent to gain, of a motor
vehicle belonging to another without the latter's consent, or by
means of violence against or intimidation of persons, or by
using force upon things.
"MOTOR VEHICLE" is any vehicle propelled by any power
other than muscular power using the public highways, but
excepting road rollers, trolley cars, street-sweepers, sprinklers,
lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways, vehicles, which run
only on rails or tracks, and tractors, trailers and traction
engines of all kinds used exclusively for agricultural purposes.
Trailers having any number of wheels, when propelled or
intended to be propelled by attachment to a motor vehicle,
shall be classified as separate motor vehicle with no power
rating.
- Bill dozers are equipments, not motor vehicles.
- Qualified theft and Robbery still applies.
- What can be covered by Carnapping are those not
falling within the exceptions.
Sec.7 - Refers to the duty of the collector of customs to report
the arrival of imported motor vehicle
Sec.8 -Refers to the duty of importers/sellers/distributors of
motor vehicles to keep record of stocks
Sec.10 - any person who shall undertake to assemble or rebuild
or cause the assembling or rebuilding a motor vehicle shall
first secure certificate of clearance from PNP
Sec. 11 – clearance for shipment of motor vehicles
Sec. 14 (To supply the discrepancy in the RPC as to provisions
under theft/robbery)
Simple Carnapping - Any person who is found guilty of
carnapping, irrespective of the value of motor vehicle taken, be
punished by imprisonment for not less than 14yrs and 8mo.
and not more than 17yrs and 4mo., when the carnapping is
committed without violence or intimidation of persons, or
force upon things;
Carnapping with violence - and by imprisonment for not less
than 17yrs and 4mo. and not more than 30yrs, when the
carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the
penalty of life imprisonment to death shall be imposed when
the owner, driver or occupant of the carnapped motor vehicle
is killed in the commission of the carnapping.
Qualified carnapping/ carnapping in its aggravated form -
When in the course of carnapping or in the occasion thereof,
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
the owner/driver/occupant of the carnapped vehicle is killed
or raped;
-as long as the main purpose is to carnap; if the main purpose
is to kill and thereafter the motor vehicle is taken away, 2
crimes are committed, either murder/homicide and
carnapping.
-supposed what was killed is not the driver/occupant, wherein
after taking the vehicle, the carnapper drove the car at a high
speed due to pursuit from policemen, and in the course of the
pursuit, the carnapper ran over a pedestrian, what
crime/crimes are committed? Carnapping and reckless
imprudence resulting in homicide, Why not qualified
carnapping? To be held liable for such, it is necessary that the
person being killed in the commission of carnapping should be
the owner/driver/occupant of the motor vehicle. (People
vsParamil GR. No. 128056 March 31 2000; People vsSirad GR.
no.130594)
-People vsNucom et.al Gr. No. 1791041 April 1 2013; accused
here took away a taxi together with the driver, but later on the
driver was just found dead and one of the carnappers turned
into a state witness and his co-accused was charged and
convicted of the crime of carnapping with homicide. Now take
note, it was mentioned by the SC that there‘s no such crime of
carnapping with homicide, but in this 2013 case, SC affirmed
such ruling of the trial court.
-In boundary system, which is the practice of operators of
public utilities, the crime committed of the driver if he fails to
return the vehicle he is driving is qualified theft, because
although the driver is required to pay a fixed amount for the
use of the car, but according to the SC there is no transfer of
juridical possession but merely physical possession; juridical
transfer is prohibited by law. Such possession of the driver is
an extension of the possession of the owner. It doesn‘t mean
that it is not estafa, because it would be different if the vehicle
is private, then in that case there is estafa, say for example
those in rent a car; what we are talking about here is the failure
to return of a public utility vehicle. (People vsBustenera GR.
No. 148233 June 8 2004)
-carnapping is committed even if the one driving the motor
vehicle is not the owner but an authorized driver. It is enough
that the motor vehicle belongs to another.
-it is necessary under this law that the original intent is
carnapping, otherwise there would be 2 crimes committed.
-what if the owner/driver/occupant is not killed? Then the
crime is carnapping with violence, not carnapping with
frustrated homicide.
R.A. 9745 ANTI-TORTURE ACT
Torture – elements
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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a.refers to an act by which severe pain or suffering, whether
physical/mental, is intentionally inflicted on a person;
b.for purposes of obtaining from him/her or 3rd persons
information or confession, or punishing him/her for an act
he/she has committed or is suspected of having committed; or
intimidating or coercing him/her or discrimination of any
kind.
c. when such pain/suffering is inflicted by or at the instigation
of or with the consent of acquiescence of a person in authority
or agent of a person in authority.
-this law could only be violated if the torture is done by a
PA/APA or upon his inducement
-purpose of this law is to value the dignity of a human person
and guarantee full respect for human rights
other cruel/inhuman degrading treatment or punishment -
now there refers to a deliberate or aggravating treatment or
punishment which are not covered under sec. 4 of this act;
inflicted by PA/APA
order of battle – refers to any document or determination
made by military/police/any law enforcement agency of the
govt. listing the names of persons/orgs that perceives to be
enemies of the state, and considered as targets as combatants
that it could deal with thru the use of means allowed by intl.
law.
August 26, 2016
Continuation on Anti-Torture Act
The people who sponsored this law were victims of torture,
and experienced these acts. Usually these happened during
Martial Law.
d) "Order of Battle" refers to any document or determination
made by the military, police or any law enforcement agency of
the government, listing the names of persons and
organizations that it perceives to be enemies of the State and
that it considers as legitimate targets as combatants that it
could deal with, through the use of means allowed by
domestic and international law.
 the list of enemies of the government - leaders of NPA
Section 4.Acts of Torture. - For purposes of this Act, torture
shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes severe
pain, exhaustion, disability or dysfunction of one or more parts
of the body, such as:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(1) Systematic beating, headbanging, punching, kicking,
striking with truncheon or rifle butt or other similar objects,
and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food,
animal or human excreta and other stuff or substances not
normally eaten;
(3) Electric shock; - to extract information, and to punish
(4) Cigarette burning; burning by electrically heated rods,
hot oil, acid; by the rubbing of pepper or other chemical
substances on mucous membranes, or acids or spices
directly on the wound(s);
(5) The submersion of the head in water or water polluted
with excrement, urine, vomit and/or blood until the brink of
suffocation;
(6) Being tied or forced to assume fixed and stressful bodily
position;
(7) Rape and sexual abuse, including the insertion of foreign
objects into the sex organ or rectum, or electrical torture of
the genitals;
(8) Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and
extreme cold;
(12) The use of plastic bag and other materials placed over
the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception,
memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession
and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and
(14) Other analogous acts of physical torture; and
 these could be combinations, not necessarily separate
acts.
(b) "Mental/Psychological Torture" refers to acts committed by
a person in authority or agent of a person in authority which
are calculated to affect or confuse the mind and/or undermine
a person's dignity and morale, such as:
(1) Blindfolding;
 this could be combined with physical torture. Like
covered eyes and then punching you so that you do
not know who's punching you
(2) Threatening a person(s) or his/her relative(s) with bodily
harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
 you will be investigated for a long time by different
people
(5) Preparing a prisoner for a "show trial", public display or
public humiliation of a detainee or prisoner;
 like what is going on somewhere in Batangas - they
make the criminals go on a parade where people can
see them. That can be mental torture
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
(6) Causing unscheduled transfer of a person deprived of
liberty from one place to another, creating the belief that
he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked,
parading him/her in public places, shaving the victim's head
or putting marks on his/her body against his/her will;
 same as the one in Batangas
(11) Deliberately prohibiting the victim to communicate with
any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5.Other Cruel, Inhuman and Degrading Treatment or
Punishment. - Other cruel, inhuman or degrading treatment or
punishment refers to a deliberate and aggravated treatment or
punishment not enumerated under Section 4 of this Act,
inflicted by a person in authority or agent of a person in
authority against another person in custody, which attains a
level of severity sufficient to cause suffering, gross humiliation
or debasement to the latter. The assessment of the level of
severity shall depend on all the circumstances of the case,
including the duration of the treatment or punishment, its
physical and mental effects and, in some cases, the sex,
religion, age and state of health of the victim.
Freedom from Torture and Other Cruel, Inhuman and Degrading
Treatment or Punishment
– Torture and other cruel, inhuman and degrading
treatment or punishment as criminal acts shall apply to
all circumstances. A state of war or a threat of war,
internal political instability, or any other public
emergency, or a document or any determination
comprising an "order of battle" shall not and can never
be invoked as a justification for torture and other cruel,
inhuman and degrading treatment or punishment.
– So, no infliction of torture – either mental of physical
Prohibited Detention
– Secret detention places, solitary confinement,
incommunicado or other similar forms of detention,
where torture may be carried out with impunity are
hereby prohibited.
– In which case, (PNP), (AFP) and other law enforcement.
agencies concerned shall make an updated list of all
detention centers and facilities under their respective
jurisdictions with the corresponding data on the
prisoners or detainees incarcerated or detained therein
such as, among others, names, date of arrest and
incarceration, and the crime or offense committed.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
– This list shall be made available to the public at all
times, with a copy of the complete list available at the
respective national headquarters of the PNP and AFP.
Exclusionary Rule; Exception
– Any confession, admission or statement obtained as a
result of torture shall be inadmissible in evidence in any
proceedings, EXCEPT if the same is used as evidence
against a person or persons accused of committing
torture.
– It is covered by the so-called exclusionary rule.
Who are Criminally Liable?
Principal
(a) Any person who actually participated Or induced
another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment
or who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading
treatment or punishment by previous or
simultaneous acts shall be liable as principal
(b) Any superior military, police or law enforcement
Penalties
officer or senior government official who issued an
order to any lower ranking personnel to commit
torture for whatever purpose shall be held equally
liable as principals.
(c) The immediate commanding officer of the unit
concerned of the AFP or the immediate senior
public official of the PNP and other law
enforcement agencies shall be held liable as a
principal to the crime of torture or other cruel or
inhuman and degrading treatment or punishment
for any act or omission, or negligence committed
by him/her that shall have led, assisted, abetted or
allowed, whether directly or indirectly, the
commission thereof by his/her subordinates. If
he/she has knowledge of or, owing to the
circumstances at the time, should have known that
acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be
committed, is being committed, or has been
committed by his/her subordinates or by others
within his/her area of responsibility and, despite
such knowledge, did not take preventive or
corrective action either before, during or
immediately after its commission, when he/she
has the authority to prevent or investigate
allegations of torture or other cruel, inhuman and
degrading treatment or punishment but failed to
prevent or investigate allegations of such act,
whether deliberately or due to negligence shall also
be liable as principals.
Accessory
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
– Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or
other cruel, inhuman and degrading treatment or
punishment is being committed and without
having participated therein, either as principal or
accomplice, takes part subsequent to its
commission in any of the following manner:
(a) By themselves profiting from or assisting the
offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
treatment or punishment;
(b) By concealing the act of torture or other cruel,
inhuman and degrading treatment or
punishment and/or destroying the effects or
instruments thereof in order to prevent its
discovery; or
(c) By harboring, concealing or assisting m the
escape of the principal/s in the act of torture
or other cruel, inhuman and degrading
treatment or punishment:
Provided, That the accessory acts are done with
the abuse of the official's public functions.
(A) The penalty of RECLUSION PERPETUA shall be
imposed upon the perpetrators of the following acts:
1. Torture resulting in the death of any person;
2. Torture resulting in mutilation;
3. Torture with rape;
4. Torture with other forms of sexual abuse and, in
consequence of torture, the victim shall have
become insane, imbecile, impotent, blind or
maimed for life; and
5. Torture committed against children.
(B) The penalty of RECLUSION TEMPORAL shall be
imposed on those who commit any act of
mental/psychological torture resulting in insanity,
complete or partial amnesia, fear of becoming insane or
suicidal tendencies of the victim due to guilt,
worthlessness or shame.
(C) The penalty of PRISION CORRECCIONAL shall be
imposed on those who commit any act of torture resulting
in psychological, mental and emotional harm other than
those described 1n paragraph (b) of this section. '
(D) The penalty of PRISION MAYOR IN ITS MEDIUM
AND MAXIMUM PERIODS shall be imposed if, in
consequence of torture, the victim shall have lost the power
of speech or the power to hear or to smell; or shall have lost
an eye, a hand, a foot, an arm or a leg; or shall have lost the
use of any such member; Or shall have become permanently
incapacitated for labor.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(E) The penalty of PRISION MAYOR IN ITS
MINIMUM AND MEDIUM PERIODS shall be imposed if,
in consequence of torture, the victim shall have become
deformed or shall have lost any part of his/her body other
than those aforecited, or shall have lost the use thereof, or
shall have been ill or incapacitated for labor for a period of
more than ninety (90) days.
(F) The penalty of PRISION CORRECCIONAL IN ITS
MAXIMUM PERIOD TO PRISION MAYOR IN ITS
MINIMUM PERIOD shall be imposed if, in consequence of
torture, the victim shall have been ill or incapacitated for
labor for mare than thirty (30) days but not more than
ninety (90) days.
(G) The penalty of PRISION CORRECCIONAL IN ITS
MINIMUM AND MEDIUM PERIOD shall be imposed if, in
consequence of torture, the victim shall have been ill or
incapacitated for labor for thirty (30) days or less.
(H) The penalty of ARRESTO MAYOR shall be imposed
for acts constituting cruel, inhuman or degrading treatment
or punishment as defined in Section 5 of this Act.
(I) The penalty of PRISION CORRECCIONAL shall be
imposed upon those who establish, operate and maintain
secret detention places and/or effect or cause to effect
solitary confinement, incommunicado or other similar forms
of prohibited detention as provided in Section 7 of this Act
where torture may be carried out with impunity.
(J) The penalty of ARRESTO MAYOR shall be imposed
upon the responsible officers or personnel of the AFP, the
PNP and other law enforcement agencies for failure to
perform his/her duty to maintain, submit or make available
to the public an updated list of detention centers and
facilities with the corresponding data on the prisoners or
detainees incarcerated or detained therein, pursuant to
Section 7 of this Act.
What is the basis of this law?
(d) To fully adhere to the principles and standards on the
absolute condemnation and prohibition of torture as
provided for in the 1987 Philippine Constitution; various
international instruments to which the Philippines is a
State party such as, but not limited to, the International
Covenant on Civil and Political Rights (ICCPR), the
Convention on the Rights of the Child (CRC), the
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDA W) and the
Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT); and all
other relevant international human rights instruments to
which the Philippines is a signatory.
Torture as a Separate and Independent Crime
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– Torture as a crime SHALL NOT ABSORB OR SHALL
NOT BE ABSORBED by any other crime or felony
committed as a consequence, or as a means in the
conduct or commission thereof. In which case, torture
shall be treated as a SEPARATE AND INDEPENDENT
CRIMINAL ACT whose penalties shall be imposable
without prejudice to any other criminal liability
provided for by domestic and international laws.
Exclusion from the Coverage of Special Amnesty Law
– In order not to depreciate the crime of torture, persons
who have committed any act of torture shall not benefit
from any special amnesty law or similar measures that
will have the effect of exempting them from any
criminal proceedings and sanctions.
Applicability of the RPC
– The provisions of the RPC insofar as they are applicable
shall be SUPPLETORY to this Act. Moreover, if the
commission of any crime punishable under Title Eight
(Crimes Against Persons) and Title Nine (Crimes Against
Personal Liberty and Security) of the RPC is attended by
any of the acts constituting torture and other cruel,
inhuman and degrading treatment or punishment as
defined herein, the penalty to be imposed shall be in its
MAXIMUM PERIOD..
– Ordinary Mitigating Circumstances cannot offset. Only
Privileged Mitigating Circumstances
Republic Act No. 9775 - Anti-Child Pornography Act of 2009
Child
- refers to a person below eighteen (18) years of age or
over, but is unable to fully take care of
himself/herself from abuse, neglect, cruelty,
exploitation or discrimination because of a physical or
mental disability or condition.
- Same definition in Child Abuse Act and RA 9262
- In RA 9344 – The definition of the child is limited to below
18 years old
- For the purpose of this Act, a child shall also refer
to:(expanded definition)
1. a person regardless of age who is
presented, depicted or portrayed as a child
as defined herein; and
- This is what we call portray child.
2. computer-generated, digitally or manually
crafted images or graphics of a person who
is represented or who is made to appear to
be a child as defined herein.
- This is what we call virtual child.
- Ex: ―Sweetie‖ the computer-generated
child.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Child pornography
- refers to any representation, whether visual, audio, or
written combination thereof, by electronic,
mechanical, digital, optical, magnetic or any other
means, of child engaged or involved in real or
simulated explicit sexual activities.
- This is a form of child abuse.
- The offender may be charged under this law or under
RA 7610.
- It may also constitute Anti-Trafficking of Persons Act.
- Example, if the one you used in pornography is a
victim of trafficking, the offender may be charged
under RA 9208, Qualified Trafficking if the victim if a
child.
- There is a new law called Cybercrime Law. The
penalty in child pornography, as long as it is done
through the internet, is higher. For instance, you pot a
naked child in facebook, that is a violation of
Cybercrime Law, RA 10175.
- However, the Anti-Cyber Crime Act provides for a
higher penalty, higher than RA 9775.
- Disini et al v DOJ, GR no. 203335, Feb 18, 2014
(TAKE NOTE!)
 According to the SC, when the accused is
charged with child pornography after RA
10175 (Anti-Cybercrime Law), he could no
longer be charged under RA 9775 (Anti-
Child Pornography). Only one crime. SC
said that Anti-Cybercrime Law merely
expands the coverage of the Anti-Child
Pornography Act of 2009 or RA 9775 so as to
include identical activities in cyberspace.
Charging the offender under both law
would constitute a violation of the right of
the accused against double jeopardy.
 In this case, SC said that the same rule will
apply in the crime of libel.
 Example, if libel is committed through the
internet, the penalty is higher, prision mayor. But
if the offender is charged for cyber libel or libel
under the Anti-Cybercrime Act, the offender
could no longer be charged under the RPC
because of the right of the accused against double
jeopardy. Because according to SC, the
cybercrime law merely establishes the computer
system as another means of publication.
 So if someone posts about you in facebook which
is defamatory, you want a higher penalty, charge
him under RA 10174, if done in the internet.
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 Remember: The penalty for cyberlibel is not
probationable.
Explicit Sexual Activity
- includes actual or simulated –
1. As to form:
 sexual intercourse or lascivious act
including, but not limited to, contact
involving genital to genital, oral to
genital, anal to genital, or oral to anal,
whether between persons of the same or
opposite sex;
2. bestiality;
 sexual contact between animal and
human being
3. masturbation;
4. sadistic or masochistic abuse;
5. lascivious exhibition of the genitals,
buttocks, breasts, pubic area and/or anus; or
6. use of any object or instrument for lascivious
acts
 example: sexual gadgets
- Take note: The victim must be a child, either boy or
girl. This law does not apply to adult pornography.
Adult pornography is punishable under the RPC. But
take not also that if one of the participants is a victim
of trafficking, RA 9208 will apply.
Grooming
- the act of preparing (or motivating) a child or
someone who the offender believes to be a child for
sexual activity or sexual relationship
- bycommunicating any form of child pornography.
- It includes online enticement or enticement through
any other means.
- You motivate the child that it is fine to do some acts
so that you can convince such child to perform such
pornographic acts.
Luring
- the act of communicating, by means of a computer
system, with a child or someone who the offender
believes to be a child for the purpose of facilitating the
commission of sexual activity or production of any
form of child pornography.
- Example: 50 year old adult, he pretended to be 15
year old boy and he entered into a relationship with a
15 year old girl. He deceived the child that he is 15
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

years old and induced her to perform pornographic when two (2) or more persons come to an
acts in front of the webcam or camera. agreement concerning the commission of any of
the said prohibited acts and decide to commit it;
Pandering and
o Mere conspiracy is punishable. It is a crime
- the act of offering, advertising, promoting, under this law
(l) To possess any form of child pornography.
representing or distributing through any means any
material or purported material that is intended to Sec. 5. Syndicated Child Pornography - The crime of child
cause another to believe that the material or pornography is deemed committed by a syndicate if carried
purported material contains any form of child out by a group of three (3) or more persons conspiring or
pornography, regardless of the actual content of the confederating with one another and shall be punished under
Sec. 15(a) of this Act.
material or purported material.
- Refers to the number of offenders
Sec. 4. Unlawful or Prohibited Acts. - It shall be unlawful for
any person: Sec. 6. Who May File a Complaint. - Complaints on cases of
any form of child pornography and other offenses
(a) To hire, employ, use, persuade, induce or coerce a
punishable under this Act may be filed by the following:
child to perform in the creation or production of
(a) Offended party;
any form of child pornography;
(b) To produce, direct, manufacture or create any form o If too young then the parents will file the
of child pornography; case then;
(c) To publish offer, transmit, sell, distribute, (b) Parents or guardians;
broadcast, advertise, promote, export or import any (c) Ascendant or collateral relative within the third
form of child pornography; degree of consanguinity;
o Selling of CDs and DVDs relating to child (d) Officer, social worker or representative of a licensed
child-caring institution;
pornography even if you were not the one
(f) Officer or social worker of the Department of Social
taping it
Welfare and Development (DSWD);
o Sharing through cellphone of child
(g) Local social welfare development officer;
pornography is included
(h) Barangay chairman;
(d) To possess any form of child pornography with the
(i) Any law enforcement officer;
intent to sell, distribute, publish, or broadcast:
(j) At least three (3) concerned responsible citizens
Provided. That possession of three (3) or more
residing in the place where the violation occurred;
articles of child pornography of the same form
(k) Any person who has personal knowledge of the
shall be prima facie evidence of the intent to sell,
circumstances of the commission of any offense
distribute, publish or broadcast;
under this Act.
o If it is for personal consumption, you are still
- If no other person will act
liable under letter (l)
(e) To knowingly, willfully and intentionally provide
Sec. 8. Jurisdiction.
a venue for the commission of prohibited acts as,
- Family Court has jurisdiction over Child
but not limited to, dens, private rooms, cubicles,
Pornography cases
cinemas, houses or in establishments purporting to
be a legitimate business;
Section 9. Duties of an Internet Service Provider (ISP). - All
(f) For film distributors, theatres and
internet service providers (ISPs) shall notify the Philippine
telecommunication companies, by themselves or in
National Police (PNP) or the National Bureau of
cooperation with other entities, to distribute any
form of child pornography; Investigation (NBI) within seven (7) days from obtaining
facts and circumstances that any form of child pornography
(g) For a parent, legal guardian or person having
is being committed using its server or facility. Nothing in
custody or control of a child to knowingly permit
this section may be construed to require an ISP to engage in
the child to engage, participate or assist in any
the monitoring of any user, subscriber or customer, or the
form of child pornography;
content of any communication of any such person.
o Similar in the case in Cordova
(h) To engage in the luring or grooming of a child;
Sec. 10. Responsibility of Mall Owners/Operators and
(i) To engage in pandering of any form of child
Owners or Lessors of Other Business Establishments. - All
pornography;
mall owners/operators and owners or lessors of other
(j) To wilfully access any form of child pornography;
business establishments shall notify the PNP or the NBI
(k) To conspire to commit any of the prohibited acts
within seven (7) days from obtaining facts and circumstances
stated in this section. Conspiracy to commit any
that child pornography is being committed in their premises.
form of child pornography shall be committed
Provided, That public display of any form of child
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

pornography within their premises is a conclusive employee.

presumption of the knowledge of the mall owners/operators
and owners or lessors of other business establishments of the Sec. 20. Inter - Agency Council against Child Pornography.
violation of this Act: Provided, further, That a disputable - The number one agency responsible to campaign
presumption of knowledge by mall owners/operators and against child pornography is the DSWD
owners or lessors of other business establishments should
know or reasonably know that a violation of this Act is being Sec. 22. Child Pornography as a Transnational Crime. -
committed in their premises. Pursuant to the Convention on transnational Organized Crime,
the DOJ may execute the request of a foreign state for
Photo developers, information technology professionals, assistance in the investigation or prosecution of any form of
credit card companies and banks and any person who has child pornography by:
direct knowledge of any form of child pornography activities (1) conducting a preliminary investigation against the
shall have the duty to report any suspected child offender and, if appropriate, to file the necessary
pornography materials or transactions to the proper charges in court;
authorities within seven (7) days from discovery thereof. (2) giving information needed by the foreign state; and
Any wilful and intentional violation of this provision shall (3) to apply for an order of forfeiture of any proceeds or
be subject to the penalty provided under Sec. 15(l) of this
monetary instrument or properly located in the
Act.
Philippines used in connection with child
- Mere knowledge/acquiescence/ approval of the
commission of Child Pornography will make you
- In the case of Cordova, it was discovered through the
liable if they fail to report the same to the PNP or NBI
help of InterPol/FBI
- If the Pornographic materials are publicly displayed
then the evidence of knowledge are conclusive.
- If there is no public display of the pornographic
materials then it is later on found out that it is sold,
there will be a disputable presumption of knowledge
- Failure to report will make you liable Section 15 (l)
- If you are repairing a laptop and find that there are
pornographic materials in the files, you have the duty
to report the same to the authorities. Failure to report
will make you liable under this law.

Sec. 13. Confidentiality. - The right to privacy of the child

shall be ensured at any stage of the investigation,
prosecution and trial of an offense under this Act. Towards
this end, the following rules shall be observed:
- The trial will not be open to the public. Closed door
trial.

Penalties are NOT included in the exam but is for knowledge

purposes. If interested refer to Section 15 of this law.

Sec. 16. Common Penal Provisions. -

(a) If the offender is a parent, ascendant, guardian, step-
parent or collateral relative within the third degree of
consanguinity or affinity or any person having control or
moral ascendancy over the child, the penalty provided herein
shall be in its maximum duration; Provided, That this
provision shall not apply to Sec. 4(g) of this Act;
(b) If the offender is a juridical person, the penalty shall be
imposed upon the owner, manager, partner, member of the
board of directors and/or any responsible officer who
participated in the commission of the crime or shall have
knowingly permitted or failed to prevent its commissions;
(c) If the offender is a foreigner, he/she shall be immediately
deported after the complete service of his/her sentence and
shall forever be barred from entering the country; and
(d) The penalty provided for in this Act shall be imposed in
its maximum duration if the offender is a public officer or
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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

exchange dealers, pawnshops, money changers,

remittance and transfer companies and other similar
entities and all other persons and their subsidiaries
and affiliates supervised or regulated by the Bangko
Sentral ng Pilipinas (BSP);
2. insurance companies, pre-need companies and all
other persons supervised or regulated by the
Insurance Commission (IC);
3. (i) securities dealers, brokers, salesmen, investment
houses and other similar persons managing securities
or rendering services as investment agent, advisor, or
consultant,
(ii) mutual funds, close-end investment companies,
common trust funds, and other similar persons, and
(iii) other entities administering or otherwise dealing
in currency, commodities or financial derivatives
based thereon, valuable objects, cash substitutes and
other similar monetary instruments or property
supervised or regulated by the Securities and
Exchange Commission (SEC);
4. jewelry dealers in precious metals, who, as a
business, trade in precious metals, for transactions in
excess of One million pesos (P1,000,000.00);
5. jewelry dealers in precious stones, who, as a
business, trade in precious stones, for transactions in
excess of One million pesos (P1,000,000.00);
6. company service providers which, as a business,
provide any of the following services to third parties:
(i) acting as a formation agent of juridical
persons;
(ii) acting as (or arranging for another
person to act as) a director or corporate
secretary of a company, a partner of a
partnership, or a similar position in
relation to other juridical persons;
(iii) providing a registered office, business
address or accommodation,
correspondence or administrative
address for a company, a partnership or
any other legal person or arrangement;
and
(iv) acting as (or arranging for another
person to act as) a nominee shareholder
for another person; and
7. persons who provide any of the following services:
(i) managing of client money, securities or
other assets;
(ii) management of bank, savings or
September 7, 2016 securities accounts;
(iii) organization of contributions for the
THE ANTI-MONEY LAUNDERING LAW creation, operation or management of
companies; and
Covered persons (iv) creation, operation or management of
juridical persons or arrangements, and
- natural or juridical, refer to: buying and selling business entities.
1. banks, non-banks, quasi-banks, trust entities, foreign Notwithstanding the foregoing, the term 'covered persons'

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 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
shall excludelawyers and accountants acting as independent
legal professionals in relation to information concerning their
clients or where disclosure of information would compromise
client confidences or the attorney-client relationship: Provided,
That these lawyers and accountants are authorized to practice
in the Philippines and shall continue to be subject to the
provisions of their respective codes of conduct and/or
professional responsibility or any of its amendments."
Essence of money laundering
- money or its representatives which are proceeds from
illegal activities are transacted in order that they would
appear to have come from a legitimate source
EX: You have money from drugs. You deposit it in the
bank so that later on when you withdraw it, it did not
anymore come from drugs but from the bank.
EX: You have money coming from illegal sources, you
either buy jewelry or stocks or buy properties. Later on you
deposit it in the bank or when you sell the bought property,
the people cannot anymore say that such money came from
an illegitimate source.
Purpose of money laundering
- to prevent any attempt to conceal or disguise the identity of
illegally obtained proceeds or money or its equivalent
Covered persons
- persons either natural or juridical, who are required to
submit report to the AMLC (Anti-Money Laundering
Council) on transactions which are considered as covered
transactions and suspicious transactions within 5 days
from occurrence thereof
- required to make a report with the AMLC any covered
transaction or suspicious transaction
Covered transaction
- is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five
hundred thousand pesos (P500,000.00) within one (1)
banking day
Suspicious transaction
- are transactions with covered institutions, regardless of the
amounts involved, where any of the following
circumstances exist:
1. there is no underlying legal or trade obligation,
purpose or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the
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business or financial capacity of the client;
4. taking into account all known circumstances, it may
be perceived that the client's transaction is structured
in order to avoid being the subject of reporting
requirements under the Act;
5. any circumstance relating to the transaction which is
observed to deviate from the profile of the client
and/or the client's past transactions with the covered
institution;
6. the transaction is in any way related to an unlawful
activity or offense under this Act that is about to be,
is being or has been committed; or
7. any transaction that is similar or analogous to any of
the foregoing."
Monetary instrument
- refers to:
1. coins or currency of legal tender of the Philippines, or
of any other country;
2. drafts, checks and notes;
3. securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust
certificates, custodial receipts or deposit substitute
instruments, trading orders, transaction tickets and
confirmations of sale or investments and money
market instruments; and
4. other similar instruments where title thereto passes to
another by endorsement, assignment or delivery.
Transaction
- refers to any act establishing any right or obligation or
giving rise to any contractual or legal relationship between
the parties thereto. It also includes any movement of funds
by any means with a covered institution.
Unlawful activity
- refers to any act or omission or series or combination
thereof involving or having direct relation to the following:
1. Kidnapping for ransom under Article 267 of Act No.
3815, otherwise known as the Revised Penal Code, as
amended;
2. Sections 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15 and 16 of
Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002;
3. Section 3 paragraphs B, C, E, G, H and I of Republic
Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act;
4. Plunder under Republic Act No. 7080, as amended;
5. Robbery and extortion under Articles 294, 295, 296,
299, 300, 301 and 302 of the Revised Penal Code, as
amended;
6. Jueteng and Masiao punished as illegal gambling
under Presidential Decree No. 1602;
7. Piracy on the high seas under the Revised Penal
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Code, as amended and Presidential Decree No. 532;
8. Qualified theft under Article 310 of the Revised Penal
Code, as amended;
9. Swindling under Article 315 and Other Forms of
Swindling under Article 316 of the Revised Penal
Code, as amended;
10. Smuggling under Republic Act Nos. 455 and 1937;
11. Violations of Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
12. Hijacking and other violations under Republic Act
No. 6235; destructive arson and murder, as defined
under the Revised Penal Code, as amended;
13. Terrorism and conspiracy to commit terrorism as
defined and penalized under Sections 3 and 4 of
Republic Act No. 9372;
14. Financing of terrorism under Section 4 and offenses
punishable under Sections 5, 6, 7 and 8 of Republic
Act No. 10168, otherwise known as the Terrorism
Financing Prevention and Suppression Act of 2012;
15. Bribery under Articles 210, 211 and 211-A of the
Revised Penal Code, as amended, and Corruption of
Public Officers under Article 212 of the Revised Penal
Code, as amended;
16. Frauds and Illegal Exactions and Transactions under
Articles 213, 214, 215 and 216 of the Revised Penal
Code, as amended;
17. Malversation of Public Funds and Property under
Articles 217 and 222 of the Revised Penal Code, as
amended;
18. Forgeries and Counterfeiting under Articles 163, 166,
l67, 168, 169 and 176 of the Revised Penal Code, as
amended;
19. Violations of Sections 4 to 6 of Republic Act No. 9208,
otherwise known as the Anti-Trafficking in Persons
Act of 2003;
20. Violations of Sections 78 to 79 of Chapter IV, of
Presidential Decree No. 705, otherwise known as the
Revised Forestry Code of the Philippines, as
amended;
21. Violations of Sections 86 to 106 of Chapter VI, of
Republic Act No. 8550, otherwise known as the
Philippine Fisheries Code of 1998;
22. Violations of Sections 101 to 107, and 110 of Republic
Act No. 7942, otherwise known as the Philippine
Mining Act of 1995;
23. Violations of Section 27(c), (e), (f), (g) and (i), of
Republic Act No. 9147, otherwise known as the
Wildlife Resources Conservation and Protection Act;
24. Violation of Section 7(b) of Republic Act No. 9072,
otherwise known as the National Caves and Cave
Resources Management Protection Act;
25. Violation of Republic Act No. 6539, otherwise known
as the Anti-Carnapping Act of 2002, as amended;
26. Violations of Sections 1, 3 and 5 of Presidential
Decree No. 1866, as amended, otherwise known as
the decree Codifying the Laws on Illegal/Unlawful
Possession, Manufacture, Dealing in, Acquisition or
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Disposition of Firearms, Ammunition or Explosives;
27. Violation of Presidential Decree No. 1612, otherwise
known as the Anti-Fencing Law;
28. Violation of Section 6 of Republic Act No. 8042,
otherwise known as the Migrant Workers and
Overseas Filipinos Act of 1995, as amended by
Republic Act No. 10022;
29. Violation of Republic Act No. 8293, otherwise known
as the Intellectual Property Code of the Philippines;
30. Violation of Section 4 of Republic Act No. 9995,
otherwise known as the Anti-Photo and Video
Voyeurism Act of 2009;
31. Violation of Section 4 of Republic Act No. 9775,
otherwise known as the Anti-Child Pornography Act
of 2009;
32. Violations of Sections 5, 7, 8, 9, 10(c), (d) and (e), 11,
12 and 14 of Republic Act No. 7610, otherwise known
as the Special Protection of Children Against Abuse,
Exploitation and Discrimination;
33. Fraudulent practices and other violations under
Republic Act No. 8799, otherwise known as the
Securities Regulation Code of 2000; and
34. Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries.
Qualified theft
- PP vs Cahili (July 30, 2014, GR 199208): When the amount
stolen is more than 12,000.00 the penalty is reclusion
perpetua. It is not bailable anymore. Bail is not anymore a
matter of right.
Money laundering
- is committed by any person who, knowing that any
monetary instrument or property represents, involves, or
relates to the proceeds of any unlawful activity:
A. transacts said monetary instrument or property;
B. converts, transfers, disposes of, moves, acquires,
possesses or uses said monetary instrument or
property;
C. conceals or disguises the true nature, source, location,
disposition, movement or ownership of or rights with
respect to said monetary instrument or property;
D. attempts or conspires to commit money laundering
offenses referred to in paragraphs (a), (b) or (c);
E. aids, abets, assists in or counsels the commission of
the money laundering offenses referred to in
paragraphs (a), (b) or (c) above; and
F. performs or fails to perform any act as a result of
which he facilitates the offense of money laundering
referred to in paragraphs (a), (b) or (c) above.
- is also committed by any covered person who, knowing
that a covered or suspicious transaction is required under
this Act to be reported to the Anti-Money Laundering
Council (AMLC), fails to do so.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

Jurisdiction of Money Laundering Cases
- The regional trial courts shall have jurisdiction to try all
cases on money laundering.
- Those committed by public officers and private persons
who are in conspiracy with such public officers shall be
under the jurisdiction of the Sandiganbayan.
Prosecution of Money Laundering
A. Any person may be charged with and convicted of
both the offense of money laundering and the
unlawful activity as herein defined.
- cannot be complexed, cannot be absorbed (same with
torture)
- any person who violates this law can also be punished for
the unlawful activity from which the money comes from
EX: One committed the crime of Anti-Graft. The money is
deposited in the bank. The person is liable for 2 crimes:
violation of the Anti-Graft Act and at the same time Money
Laundering. Why money laundering? The money was
deposited in the bank so that it would appear that it comes
from a lawful source or legitimate source.
B. The prosecution of any offense or violation under this
Act shall proceed independently of any proceeding
relating to the unlawful activity
- if one is acquitted for Anti Money laundering, it does not
follow that one would also be acquitted of the unlawful
activity from which the money comes from
Section 7. Creation of Anti-Money Laundering Council
(AMLC).
instrumentalities used in or intended for use in any
unlawful activity as defined in Section 3(i) hereof;
(12) to require the Land Registration Authority and all
its Registries of Deeds to submit to the AMLC, reports
on all real estate transactions involving an amount in
excess of Five hundred thousand pesos (P500,000.00)
within fifteen (15) days from the date of registration
of the transaction, in a form to be prescribed by the
AMLC. The AMLC may also require the Land
Registration Authority and all its Registries of Deeds
to submit copies of relevant documents of all real
estate transactions.‖
- This is one of the amendments.
- This is so because it is possible that some druglords (for
example) conceal their money by buying condominiums
and other real properties.
WHAT ARE THE WAYS OF PREVENTING MONEY
LAUNDERING?
Section 9. Prevention of Money Laundering; Customer
Identification Requirements and Record Keeping. –
(a) Customer Identification
- Anonymous accounts are strictly prohibited or
accounts under fictitious name. One is no longer
allowed to open ―Jose Velarde account‖.
(b) Record Keeping

- The functions of AMLC were emphasized during the

(c) Reporting of Covered Transactions.
impeachment of the late CJ Corona.
- This has been amended.
- The act of requiring the covered person to submit a
report before the AMLC over the covered transactions
The Anti-Money Laundering Council is hereby created and
is one way of preventing Money Laundering
shall be composed of the Governor of the Bangko Sentral ng
Pilipinas as chairman, the Commissioner of the Insurance
Commission and the Chairman of the Securities and Exchange Q: How many days are given to the covered person to
Commission as members. The AMLC shall act unanimously. make the report?

WHAT ARE THE FUNCTIONS OF THE AMLC? A: Covered persons shall report to the AMLC all
covered transactions and suspicious transactions
within FIVE (5) WORKING DAYS from occurrence
Among others are:
thereof, unless the AMLC prescribes a different
period not exceeding fifteen (15) working days.
(4) to cause the filing of complaints with the
Department of Justice or the Ombudsman for the
SEC. 10. Freezing of Monetary Instrument or Property.
prosecution of money laundering offenses;

- This provides for an extra ordinary provisional remedy.

(6) to apply before the Court of Appeals, ex parte, for
- NOTE that the provisional remedies provided for in
the freezing of any monetary instrument or property
the ROC are not exclusive, Sec 10 of AMLA is one of
alleged to be laundered, proceeds from, or
them.

QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT

“Together we leap, together we will succeed.”
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Upon a verified ex parte petition by the AMLC and after
determination that probable cause exists that any monetary
instrument or property is in any way related to an unlawful
activity, the Court of Appeals may issue a freeze order which
shall be effective immediately, and which shall not exceed six
(6) months depending upon the circumstances of the case.
Provided, That if there is no case filed against a person whose
account has been frozen within the period determined by the
court, the freeze order shall be deemed ipso facto lifted.
Judge D: Before the election (or I think it was in the middle
of the election period), sometime in March, the CA issued a
freeze order on the accounts of Binay. I’m not sure if it was
already lifted specially now that he’s no longer immune
from suit. That’s one example of Sec 10.
Q: Who files the petition for freeze order?
A: It is the AMLC.
Q: Where does it file the petition?
A: With the CA
Q: What is the name of the petition?
A: Petition for the issuance of a freeze order.
- Note that this freeze order is similar to a
preliminary attachment. It is similar in a
sense that it can be issued by the CA ex parte.
- Ratio: The possibility that the money or the
property would be disposed of by the
offender.
Q: What is the period of effectivity?
A: 6 months.
- Within that period the AMLC must be able
to file a case in court.
Q: What is a freeze order?
A: Freeze order means that the owner of the
account is prevented from using the account. The
owner is not allowed to withdraw the money in
such account.
- The AMLC will not look into the account but
will merely freeze it.
(Last paragraph of Sec 10)
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Provided, further, That this new rule shall not apply to pending
cases in the courts. In any case, the court should act on the
petition to freeze within twenty-four (24) hours from filing of
the petition. If the application is filed a day before a
nonworking day, the computation of the twenty-four (24)-hour
period shall exclude the nonworking days.
Q: Why is it that the court should act upon the
petition immediately (24hrs)?
A: So as not to defeat its purpose. Example:
During the time of the late CJ, what was said at
the beginning of the proceedings was that he had
millions in his account. When it was checked later
on, only P10k was found (was left).
―A person whose account has been frozen may file a motion to
lift the freeze order and the court must resolve this motion
before the expiration of the freeze order.
―No court shall issue a temporary restraining order or a writ of
injunction against any freeze order, except the Supreme
Court.‖
- There is a similar order that can be issued by
the Court, and that is the Bank Inquiry
Order (Sec 11).
Section 11. Authority to inquire into Bank Deposits.
Notwithstanding the provisions of Republic Act No. 1405, as
amended (The Bank Secrecy Law); Republic Act No. 6426, as
amended; Republic Act No. 8791, and other laws, (because as a
general rule ↓)
- GR: Under the Bank Secrecy Law, bank
accounts cannot be looked into.
EXC: When there is a violation of the AMLA.
So if your money is from a lawful act or
lawful activity, that can be looked into, but
there must be a court order.
the AMLC may inquire into or examine any particular deposit
or investment with any banking institution or non-bank
financial institution upon order of any competent court in
cases of violation of this Act when it has been established that
there is probable cause that the deposits or investments
involved are in any way related to a money laundering
offense.
- Note that under Sec 11, the order may be
issued by the RTC, not anymore by the CA
because it says any competent court.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- According to the SC, the filing of a case for a
violation of AMLA is not a condition
precedent for the issuance of a bank inquiry
order, so long as there is probable cause.
FREEZE ORDER vs. BANK INQUIRY ORDER (Republic vs
Eugenio GR No. 174629, February 14 ♥, 2008 )
FREEZE ORDER BANK INQUIRY
ORDER
The AMLC will not The AMLC will look
examine the bank into the transactions in
account. the account.
Does not require Requires notice and
notice and hearing. hearing.
Can only be issued by Can also be issued by
the CA. the RTC.
GR: The AMLC cannot examine a bank
account without an order from the court.
EXC: (instances when the AMLC can examine
even without a court order.) When the money
comes from any of the following:
 kidnapping,
 violations of RA 9165
 destructive arson
 murder
EXC to the EXC: DOLLAR ACCOUNTS are
strictly confidential. (Otherwise there will be
a violation of RA 6426 Foreign Currency
Deposit Act of the Philippines). GSIS vs. CA
et al., June 8, 2011
Section 12. Forfeiture Provisions. –
(a) Civil Forfeiture. – When there is a covered
transaction report made, and the court has, in a
petition filed for the purpose ordered seizure of any
monetary instrument or property, in whole or in part,
directly or indirectly, related to said report, the
Revised Rules of Court on civil forfeiture shall apply.
(b) Claim on Forfeited Assets.
- Where the court has issued an order of
forfeiture of the monetary instrument or
property in a criminal prosecution for any
money laundering offense defined under
Section 4 of this Act, the offender or any
other person claiming an interest therein
may apply, by verified petition, for a
declaration that the same legitimately
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
belongs to him and for segregation or
exclusion of the monetary instrument or
property corresponding thereto.
Q: Where should the verified petition be
filed?
A: The verified petition shall be filed with
the court which rendered the judgment of
conviction and order of forfeiture.
Q: When should it be filed?
A: within fifteen (15) days from the date of
the finality of the order or forfeiture.
- In default of which the said order
shall become final and executory.
This provision shall apply in both
civil and criminal forfeiture.
(c) Payment in Lieu of Forfeiture.
- Where the court has issued an order of
forfeiture of the monetary instrument or
property subject of a money laundering
offense defined under Section 4, and said
order cannot be enforced because any
particular monetary instrument or property
cannot, with due diligence, be located, or it
has been substantially altered, destroyed,
diminished in value or otherwise rendered
worthless by any act or omission,
-
- the court may, instead of enforcing the order
of forfeiture of the monetary instrument or
property or part thereof or interest therein,
accordingly order the convicted offender to
pay an amount equal to the value of said
monetary instrument or property. This
provision shall apply in both civil and
criminal forfeiture.
NOTE: The 34 unlawful activities enumerated here is what we
call the PREDICATE CRIMES.
September 9, 2016
PD. 1602 Illegal Gambling as amended by RA 9287
-violation of this is one of the predicate acts of AMLA
-the amended 9287 is only with regard to numbers game;
(jueteng, masiao, last 2)
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
-repealed the provisions of RPC on illegal gambling
Sec.1 par.(a)
Bub par.(1)
- any person who shall directly or indirectly take part in any
illegal or unauthorized activities or games (for a list of
prohibited games/activities please refer to the provision of the
law)
Elements:
1. Offenderdirectly or indirectly takes part in any illegal or
unauthorized game of chance or skill
2. Wagers consisting of money or articles of value are at stake
-gambling is not illegal per se (for example in casinos); only
considered as a crime if not authorized by law
Sub par. (2)
-Any person who shall knowingly permit any form of
gambling referred to in the preceding subparagraph to be
carried on in inhabited or uninhabited place or in any
building, vessel or other means of transportation owned or
controlled by him. If the place where gambling is carried on
has a reputation of a gambling place or that prohibited
gambling is frequently carried on therein, or the place is a
public or government building or barangay hall
Par. (b)
-Maintainer/Conductor - persons who sits up or
furnishes/manages the means in which to carry the gambling
game or scheme
Par. (c)
-The penalty of prision mayor in its medium period with
temporary absolute disqualification or a fine of six thousand
pesos shall be imposed if the maintainer, conductor or banker
of said gambling schemes is a government official,or where
such government official is the player, promoter, referee,
umpire, judge or coach in case of game fixing, point shaving
and machination.
Par. (d)
-The penalty of prisioncorreccional in its medium period or a
fine ranging from four hundred to two thousand pesos shall be
imposed upon any person who shall, knowingly and without
lawful purpose in any hour of any day, possess any lottery
list, paper or other matter containing letters, figures, signs or
symbols pertaining to or in any manner used in the games of
jueteng, jai-alai or horse racing bookies, and similar games of
lotteries and numbers which have taken place or about to take
place.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
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Par. (e)
-The penalty of temporary absolute disqualifications shall be
imposed upon any barangay official who, with knowledge of
the existence of a gambling house or place in his jurisdiction
fails to abate the same or take action in connection therewith.
Par. (f)
The penalty of prisioncorreccional in its maximum period or a
fine ranging from five hundred pesos to two thousand pesos
shall be imposed upon any security officer, security guard,
watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of
a gambling place or where gambling activities are being held.
Note:
-Violation of this law is a crime against moral turpitude
Section 2.Informer's reward. Any person who shall disclose
information that will lead to the arrest and final conviction of
the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of
the government.
Republic Act No. 9287 April 2, 2004
AN ACT INCREASING THE PENALTIES FOR ILLEGAL
NUMBERS GAMES, AMENDING CERTAIN PROVISIONS
OF PRESIDENTIAL DECREE NO. 1602, AND FOR OTHER
PURPOSES
- the amendment to PD 1602
Sec. 2.Definition of Terms. - As used in this Act, the following
terms shall mean:
a) Illegal Numbers Game. - Any form illegal gambling
activity which uses numbers or combinations thereof as
factors in giving out jackpots.
b) Jueteng. - An illegal numbers game that involves the
combination of thirty-seven (37) numbers against thirty-
seven (37) numbers from number one (1) to thirty seven (37)
or the combination of thirty-eight (38) numbers in some
areas, serving as a form of local lottery where bets are placed
and accepted per combination, and its variants.
c) Masiao. - An illegal numbers game where the winning
combination is derived from the results of the last game of
Jai Alai or the Special Llave portion or any result thereof
based on any fictitious Jai Alai game consisting of ten (10)
players pitted against one another, and its variants.
d) Last Two. - An illegal numbers game where the winning
combination is derived from the last two (2) numbers of the
first prize of the winning Sweepstakes ticket which comes
out during the weekly draw of the Philippine Charity
Sweepstakes Office (PCSO), and its variants.
e) Bettor ("Mananaya", "Tayador" or variants thereof). - Any
person who places bets for himself/herself or in behalf of
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
another person, or any person, other than the personnel or
staff of any illegal numbers game operation.
f) Personnel or Staff of Illegal Numbers Game Operation. -
Any person, who acts in the interest of the maintainer,
manager or operator, such as, but not limited to, an
accountant, cashier, checker, guard, runner, table manager,
usher, watcher, or any other personnel performing such
similar functions in a building structure, vessel, vehicle, or
any other place where an illegal numbers game is operated
or conducted.
g) Collector or Agent ("Cabo", "Cobrador", "Coriador" or
variants thereof). - Any person who collects, solicits or
produces bets in behalf of his/her principal for any illegal
numbers game who is usually in possession of gambling
paraphernalia.
h) Coordinator, Controller or Supervisor ("Encargado" or
variants thereof). - Any person who exercises control and
supervision over the collector or agent.
i) Maintainer, Manager or Operator. - Any person who
maintains, manages or operates any illegal number game in
a specific area from whom the coordinator, controller or
supervisor, and collector or agent take orders.
j) Financiers or Capitalist. - Any person who finances the
operations of any illegal numbers game.
k) Protector or Coddler. - Any person who lends or provides
protection, or receives benefits in any manner in the
operation of any illegal numbers game.
Sec. 3.Punishable Acts. - Any person who participates in any
illegal numbers game shall suffer the following penalties:
This is the most important part!
a) The penalty of imprisonment from thirty (30) days to
ninety (90) days, if such person acts as a bettor;
b) The penalty of imprisonment from six (6) years and one
(1) day to eight (8) years, if such person acts as a personnel
or staff of an illegal numbers game operation;
The same penalty shall likewise be imposed to any person who
allows his vehicle, house, building or land to be used in the
operation of the illegal numbers games.
c) The penalty of imprisonment from eight (8) years and one
(1) day to ten (10) years, if such person acts as a collector or
agent;
d) The penalty of imprisonment from ten (10) years and one
(1) day to twelve (12) years, if such person acts as a
coordinator, controller or supervisor;
e) The penalty of imprisonment from twelve (12) years and
one (1) day to ten (10) fourteen (14) years, if such person acts
as a maintainer, manager or operator; and
f) The penalty of imprisonment from fourteen (14) years and
one (1) day to sixteen (16) years, if such person acts as a
financier or capitalist;
 Financier or capitalist receives the money and gives
out the money
g) The penalty of imprisonment from sixteen (16) years and
one (1) day to twenty (20) years, if such person acts as
protector or coddler.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Sec. 4.Possession of Gambling Paraphernalia or Materials. -
The possession of any gambling paraphernalia and other
materials used in the illegal numbers game operation shall
be deemed prima facie evidence of any offense covered by
this Act.
 In PD 1602, possession of gambling paraphernalia
is a crime. But in jueteng and numbers game,
possession of gambling paraphernalia is only a
PRIMA FACIE EVIDENCE of any offense covered
by this act depending upon the circumstances.
Ex: you bought masiao and you are caught in
possession of a ―tip sheet‖ of masiao, that is a
gambling paraphernalia. You will be charged as a
BETTOR, and the tip sheet is prima facie evidence
of betting. You will not be liable for possession of
gambling paraphernalia.
Ex: If you are an usher and caught with tally sheets,
the tally sheet shall be used as prima facie evidence
of your being an usher. You will not be charged
with possession of gambling paraphernalia.
Ex: If you are a coordinator and you are holding
many tally sheets, that is prima facie evidence of
being a coordinator.
 So, in the examples above, that is not a crime but
PRIMA FACIE EVIDENCE OF THE OFFENSE.
 Thus possession of gambling paraphernalia could
either be a crime or prima facie evidence. If
numbers game, that is prima facie evidence. If
not, thats a crime by itself under Sec 1, par(d) of
RA 1602.
Sec. 5.Liability of Government Employees and/or Public
Officials.–
a) If the collector, agent, coordinator, controller, supervisor,
maintainer, manager, operator, financier or capitalist of any
illegal numbers game is a government employee and/or public
official, whether elected or appointed shall suffer the penalty
of twelve (12) years and one (1) day to twenty (20) years and a
fine ranging from Three million pesos (P3,000,000.00) to Five
million pesos (P5,000,000.00) and perpetual absolute
disqualification from public office.
In addition to the penalty provided in the immediately
preceding section, the accessory penalty of perpetual
disqualification from public office shall be imposed upon any
local government official who, having knowledge of the
existence of the operation of any illegal numbers game in
his/her jurisdiction, fails to abate or to take action, or tolerates
the same in connection therewith.
b) In the case of failure to apprehend perpetrators of any illegal
numbers game, any law enforcer shall suffer an administrative
penalty of suspension or dismissal, as the case may be, to be
imposed by the appropriate authority.
Sec. 6.Liability of Parents/Guardians. - The penalty of
imprisonment from six (6) months and one (1) day to one (1)
year or fine ranging from One hundred thousand pesos
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
(P100,000.00) to Four hundred thousand pesos (P400,000.00)
shall be imposed upon any parent, guardian or person
exercising moral authority or ascendancy over a minor, ward
or incapacitated person, and not otherwise falling under any of
the foregoing subsections, who induces or causes such minor,
ward or incapacitated person to commit any of the offenses
punishable in this Act. Upon conviction, the parent, guardian
or person exercising moral authority or ascendancy over the
minor, ward or incapacitated person shall be deprived of
his/her authority over such person in addition to the penalty
imposed.
Sec. 7.Recidivism. - The penalty next higher in degree as
provided for under Section 3 hereof shall be imposed upon a
recidivist who commits any of the offenses punishable in this
Act.
Sec. 8.Immunity from Prosecution. - Any person who serves as
a witness for the government or provides evidence in a
criminal case involving any violation of this Act, or who
voluntarily or by virtue of a subpoena testificandum or
ducestecum, produces, identifies, or gives testimony shall be
immune from any criminal prosecution, subject to the
compliance with the provisions of Presidential Decree No.
1732, otherwise known as Decree Providing Immunity from
Criminal Prosecution to Government Witnesses and the
pertinent provisions of the Rules of Court.
 So here, one is a "State witness"
Sec. 9.Prosecution, Judgment and Forfeiture of Property. - Any
person may be charged with or convicted of the offenses
covered by this Act without prejudice to the prosecution of any
act or acts penalized under the Revised Penal Code or existing
laws.
 So this law is a predicate crime of AMLA. If you are a
financier or capitalist of illegal gambling, and
deposited in bank to appear as if it was from a lawful
source, you can be charged with AMLA
During the pendency of the case, no property or income used
or derived therefrom which may be confiscated and forfeited
shall be disposed, alienated or transferred and the same shall
be in custodialegis and no bond shall be admitted for the
release of the same.
The trial prosecutors shall avail of provisional remedies
provided for under the Revised Rules on Criminal Procedure.
Upon conviction, all proceeds, gambling paraphernalia and
other instruments of the crime including any real or personal
property used in any illegal numbers game operation shall be
confiscated and forfeited in favor of the State. All assets and
properties of the accused either owned or held by him/her in
his/her name or in the name of another person found to be
manifestly out of proportion to his/her lawful income shall be
prima facie presumed to be proceeds of the offense and shall
likewise be confiscated and forfeited in favor of the State.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
 The proceeds shall be confiscated in favor of the
government.
Sec. 10. Witness Protection. - Any person who provides
material information, whether testimonial or documentary,
necessary for the investigation or prosecution of individuals
committing any of the offenses under Sections 3, 4, 5 and 6
herein shall be placed under the Witness Protection Program
pursuant to Republic Act. No. 6981.
Sec. 11.Informer's Reward. - Any person who, having
knowledge or information of any offense committed under this
Act and who shall disclose the same which may lead to the
arrest and final conviction of the offender, may be rewarded a
certain percentage of the cash money or articles of value
confiscated or forfeited in favor of the government, which shall
be determined through a policy guideline promulgated by the
Department of Justice (DOJ) in coordination with the
Department of Interior and Local Government (DILG) and the
National Police Commission (NAPOLCOM).
Republic Act No. 9372 March 6, 2007
AN ACT TO SECURE THE STATE AND PROTECT OUR
PEOPLE FROM TERRORISM aka THE HUMAN SECURITY
ACT OF 2007
 this law was enacted as a result of UN SECURITY
COUNCIL RESOLUTION NUMBER 1373. This
resolution enjoins members of the UN to enact an
Anti- Terrorism Act as an aftermath of the 9/11
bombing of the Twin Towers
SEC. 3. Terrorism.- Any person who commits an act
punishable under any of the following provisions of the
Revised Penal Code:
a. Article 122 (Piracy in General and Mutiny in the High Seas
or in the Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-a (Coup d' Etat), including acts committed by
private persons;
d. Article 248 (Murder);
e. Article 267 (Kidnapping and Serious Illegal Detention);
f. Article 324 (Crimes Involving Destruction), or under - this
has been repealed by Arson law.
1. Presidential Decree No. 1613 (The Law on Arson);
2. Republic Act No. 6969 (Toxic Substances and Hazardous
and Nuclear Waste Control Act of 1990);
3. Republic Act No. 5207, (Atomic Energy Regulatory and
Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway
Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying
the Laws on Illegal and Unlawful Possession, Manufacture,
Dealing in, Acquisition or Disposition of Firearms,
Ammunitions or Explosives) as amended by 10591 thereby
sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order to
coerce the government to give in to an unlawful demand
shall be guilty of the crime of terrorism and shall suffer the
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
penalty of forty (40) years of imprisonment, without the
benefit of parole as provided for under Act No. 4103,
otherwise known as the Indeterminate Sentence Law, as
amended.
Elements of terrorism
1. Offender commits any of the following crimes above!
2. Thereby sowing and creating a condition of
widespread and extraordinary fear and panic among
the populace
3. In order to coerce the government to give in to an
unlawful demand. (This is the purpose of the law)
A. First element: ―Committed by any person who committed
any of the predicate crimes‖
B. Second element: ―Widespread and extraordinary fear and
panic among the populace‖
– This requires an interpretation by the SC
– The SC sustained the constitutionality of this law
(Southern Hemisphere Engagement Network Inc. vs Anti-
Terrorism Council, et al., GR 178552, October 5, 2010)
C. Third element: ―In order to coerce the government to give
in to an unlawful demand‖
– Example: A man staged a hostage taking in a school
bus and demanded from the government to give the
children free education. Not unlawful demand. Not a
violation of this law.
Conspiracy to Commit Terrorism
– Persons who conspire to commit the crime of
terrorism
– Shall suffer the penalty of forty (40) years of
imprisonment.
– There is conspiracy when two or more persons come
to an agreement concerning the commission of the
crime of terrorism as defined under this law and
decide to commit the same.
Accomplice
– Any person who, not being a principal under Article
17 of the RPC or a conspirator, cooperates in the
execution of either the crime of terrorism or
conspiracy to commit terrorism by previous or
simultaneous acts
– Shall suffer the penalty of from seventeen (17) years,
four months one day to twenty (20) years of
imprisonment.
Accessory
– Any person who, having knowledge of the
commission of the crime of terrorism or conspiracy to
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
commit terrorism, and without having participated
therein, either as principal or accomplice under
Articles 17 and 18 of the RPC, takes part subsequent
to its commission in any of the following manner:
(a) by profiting himself or assisting the offender
to profit by the effects of the crime;
(b) by concealing or destroying the body of the
crime, or the effects, or instruments thereof,
in order to prevent its discovery;
(c) by harboring, concealing, or assisting in the
escape of the principal or conspirator of the
crime
– Shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
– The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to
their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives
by affinity within the same degrees, with the single
exception of accessories falling within the provisions
of subparagraph (a).
Surveillance of Suspects and Interception and Recording of
Communications
– A police or law enforcement official and the members
of his team may listen to, intercept and record any
communication, message, conversation, discussion, or
spoken or written words between members of a
judicially declared and outlawed terrorist
organization, association, or group of persons or of
any person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism,
notwithstanding the provisions of the Anti-Wire
Tapping Law to the contrary.
– Two consents necessary:
1. Authorized in writing by the Anti-Terrorism
Council to file such ex parte application.
2. Upon a written order of the Court of
Appeals (CA)
– Upon examination under oath or affirmation of the
applicant and the witnesses he may produce to
establish:
(a) that there is probable cause to believe based
on personal knowledge of facts or
circumstances that the said crime of
terrorism or conspiracy to commit terrorism
has been committed, or is being committed,
or is about to be committed;
(b) that there is probable cause to believe based
on personal knowledge of facts or
circumstances that evidence, which is
essential to the conviction of any charged or
suspected person for, or to the solution or
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
prevention of, any such crimes, will be
obtained; and,
(c) that there is no other effective means readily
available for acquiring such evidence
Classification and Contents of the Order of the Court
– The written order granted by the authorizing division
of the CA as well as its order and the written
authorizations of the Anti-Terrorism Council shall be
deemed and are hereby declared as classified
information
– The written order of the authorizing division of the
CA shall specify the following:
(a) the identity of the charged or suspected
person whose communication is being
tapped;
(b) the identity of the law enforce/s who is
going to wiretap
(c) the offense or offenses committed, or being
committed, or sought to be prevented; andn
(d) the length of time within which the
authorization shall be used or carried out
Effective Period of Judicial Authorization
– Shall not exceed thirty (30) days from the expiration
of the original period
– Can be extended for another non-extendible thirty
(30) days. The request for extension must be in
writing, filed by the same official who filed the
original request; next in rank if the former has died
– In other words, the entire period, including the
extension, should not exceed sixty (60) days
If no case is filed within the 30-day period
– If no case is filed within the thirty (30)-day period, the
applicant police or law enforcement official shall
immediately notify the person subject of the
surveillance, interception and recording of the
termination of the said surveillance, interception and
recording.
– The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the
applicant police or law enforcement official who fails
to notify the person subject of the surveillance,
monitoring, interception and recording as specified
above.
Custody of Intercepted and Recorded Communications
– All tapes, discs, and recordings made pursuant to the
authorization of the authorizing division of the Court
of Appeals shall be submitted to the issuing court, the
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Court of Appeals, within forty-eight (48) hours after
the expiration of period fixed in the order.
– Together submitted is the join affidavit of the law
enforcers who conducted the wire tapping.
Contents of Joint Affidavit
– The joint affidavit of the police or of the law
enforcement official and the individual members of
his team shall state:
(a) the number of tapes, discs, and recordings
that have been made;
(b) the dates and times covered by each of such
tapes, discs, and recordings;
(c) the number of tapes, discs, and recordings,
as well as the number of excerpts and
summaries thereof and the number of
written notes and memoranda made in
connection therewith; and
(d) the date of the original written authorization
granted by the Anti-Terrorism Council to the
applicant to file the ex parte
– The joint affidavit shall also certify under oath that no
duplicates or copies of the whole or any part of any of
such tapes, discs, and recordings, and that no
duplicates or copies of the whole or any part of any of
such excerpts, summaries, written notes, and
memoranda, have been made
– If made, that all such duplicates and copies shall be
deposited also with the authorizing division of the
CA.
Disposition of Deposited Material
– The sealed envelope or sealed package and the
contents thereof, which are deposited with the
authorizing division of the CA, shall be deemed and
are hereby declared classified information
– Meaning, they cannot be accessed by anybody unless
authorized by written order of the authorizing
division of the CA, upon a Motion to be filed by the
DOJ with prior permission from the Anti-Terrorism
Council.
Application to Open Deposited Sealed Envelope or Sealed
Package
– The application shall state the purpose of the opening
of the sealed envelope or package
Evidentiary Value of Deposited Materials
– If there is wiretapping without court order, such
wiretapped conversation shall be inadmissible in
evidence.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
Penalty for Unauthorized or Malicious Interceptions and/or
Recordings
– Shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
***Judicial Declaration for a Group to be a Terrorist Group
– The DOJ may file before the RTC for a Petition for the
judicial declaration of a certain group as a terrorist
group.
***Period of Detention Without Judicial Warrant of Arrest
– The provisions of Article 125 of the Revised Penal
Code to the contrary notwithstanding, any police or
law enforcement personnel, who, having been duly
authorized in writing by the Anti-Terrorism Council
has taken custody of a person charged with or
suspected of the crime of terrorism or the crime of
conspiracy to commit terrorism shall, without
incurring any criminal liability for delay in the
delivery of detained persons to the proper judicial
authorities, deliver said charged or suspected person
to the proper judicial authority within a period of
three days counted from the moment the said
charged or suspected person has been apprehended
or arrested, detained, and taken into custody by the
said police, or law enforcement personnel.
– Provided, That the arrest of those suspected of the
crime of terrorism or conspiracy to commit terrorism
must result from the surveillance under Section 7 and
examination of bank deposits under Section 27 of this
Act.
– The police or law enforcement personnel concerned
shall, before detaining the person suspected of the
crime of terrorism, present him or her before any
judge at the latter's residence or office nearest the
place where the arrest took place at any time of the
day or night.
– It shall be the duty of the judge, among other things,
to ascertain the identity of the police or law
enforcement personnel and the person or persons
they have arrested, to inquire of them the reasons
why they have arrested the person and determine by
questioning and personal observation whether or not
the suspect has been subjected to any physical, moral
or psychological torture by whom and why. The
judge shall then submit a written report of what
he/she had observed when the subject was brought
before him to the proper court that has jurisdiction
over the case of the person thus arrested.
– The judge shall forthwith submit his/her report
within three calendar days from the time the suspect
was brought to his/her residence or office.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
– Immediately after taking custody of a person charged
with or suspected of the crime of terrorism or
conspiracy to commit terrorism, the police or law
enforcement personnel shall notify in writing the
judge of the court nearest the place of apprehension
or arrest.
– Provided ,That where the arrest is made during
Saturdays, Sundays, holidays or after office hours, the
written notice shall be served at the residence of the
judge nearest the place where the accused was
arrested.
– The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon the
police or law enforcement personnel who fails to
notify and judge.
SEC. 19.Period of Detention in the Event of an Actual or
Imminent Terrorist Attack.
- In the event of an actual or imminent terrorist attack,
suspects may not be detained for more than three
days without the written approval of a municipal,
city, provincial or regional official of a Human Rights
Commission or judge of the municipal, regional trial
court, the Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest.
 The 3 day detention can beextended
provided there is a written approvalof a
municipal, city, provincial or regional official
of a Human Rights Commission or judge of
the municipal, regional trial court, the
Sandiganbayan or a justice of the Court of
Appeals nearest the place of the arrest.
- If the arrest is made during Saturdays, Sundays,
holidays or after office hours, the arresting police or
law enforcement personnel shall bring the person
thus arrested to the residence of any of the officials
mentioned above that is nearest the place where the
accused was arrested. The approval in writing of any
of the said officials shall be secured by the police or
law enforcement personnel concerned within five
days after the date of the detention of the persons
concerned: Provided, however, That within three
days after the detention the suspects, whose
connection with the terror attack or threat is not
established, shall be released immediately.
- Section 19 provides for the extension of the
reglementary period.
SEC. 20.Penalty for Failure to Deliver Suspect to the Proper
Judicial Authority within Three Days.
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon
any police or law enforcement personnel who has
apprehended or arrested, detained and taken custody
of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism and fails
to deliver such charged or suspected person to the
proper judicial authority within the period of three
days.
- He shall not be punished under the RPC but under
this law.
SEC. 21.Rights of a Person under Custodial Detention.
- Miranda Doctrine
SEC. 22.Penalty for Violation of the Rights of a Detainee.
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment.
- Unless the police or law enforcement personnel who
violated the rights of a detainee or detainees as stated
above is duly identified, the same penalty shall be
imposed on the police officer or hear or leader of the
law enforcement unit having custody of the detainee
at the time the violation was done.
Sec 23 and 24 – Read Only
SEC. 25.Penalty for Threat, Intimidation, Coercion, or
Torture in the Investigation and Interrogation of a Detained
Person.
- The penalty of twelve (12) years and one day to
twenty (20) years of imprisonment.
- When death or serious permanent disability of said
detained person occurs as a consequence of the use of
such threat, intimidation, or coercion, or as a
consequence of the infliction on him of such physical
pain or torment, or as a consequence of the infliction
on him of such mental, moral, or psychological
pressure, the penalty shall be twelve (12) years and
one day to twenty (20) years of imprisonment.
SEC. 26.Restriction on Travel.
- Penalty in terrorism – 40 years, equivalent to life
sentence, not entitled to bail.
- In cases where evidence of guilt is not strong
(meaning the person is allowed to put up bail)and
the person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
is granted the same, the court, upon application by
the prosecutor, shall limit the right of travel of the
accused to within the municipality or city where he
resides or where the case is pending, in the interest of
national security and public safety.
- Travel outside of said municipality or city, without
the authorization of the court, shall be deemed a
violation of the terms and conditions of his bail,
which shall then be forfeited .
- So he can be granted bail but with limitation on the
right to travel which can be limited to the city or
municipality where he resides.
- He/she may also be placed under house arrest by
order of the court at his or her usual place of
residence.
- While under house arrest, he or she may not use
telephones, cellphones, e-mails, computers, the
internet or other means of communications with
people outside the residence until otherwise ordered
by the court.
- The restrictions abovementioned shall be terminated
upon the acquittal of the accused or of the dismissal
of the case filed against him or earlier upon the
discretion of the court on motion of the prosecutor or
of the accused.
SEC. 27. Judicial Authorization Required to Examine Bank
Deposits, Accounts, and Records.
- The procedure here is similar to surveillance. There
must be a petition filed with the Court of Appeals
with prior permission from Anti-terrorism Council.
- The provisions of Republic Act No. 1405 as amended,
to the contrary notwithstanding, the justices of the
Court of Appeals designated as a special court to
handle anti-terrorism cases after satisfying themselves
of the existence of probable cause in a hearing called
for that purpose that:
 (1) a person charged with or suspected of the
crime of terrorism or, conspiracy to commit
terrorism,
 (2) of a judicially declared and outlawed
terrorist organization, association, or group
of persons; and
 (3) of a member of such judicially declared
and outlawed organization, association, or
group of persons, may authorize in writing
any police or law enforcement officer and
the members of his/her team duly
authorized in writing by the anti-terrorism
council to:
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
o (a) examine, or cause the
examination of, the deposits,
placements, trust accounts, assets
and records in a bank or financial
institution; and
o (b) gather or cause the gathering of
any relevant information about
such deposits, placements, trust
accounts, assets, and records from
a bank or financial institution.
- The bank or financial institution concerned, shall not
refuse to allow such examination or to provide the
desired information, when so, ordered by and served
with the written order of the Court of Appeals.
- Here, there should be a petition filed with the Court
of Appeals and there must be a prior authorization
from the Anti-Terrorism Council.
- Recall AMLA. The Anti-Money Laundering Council
can file the petition under the AMLA.
- NOTE, regarding the bank accounts of the terrorists,
the police enforcers can examine but with prior
authority from the Anti-Terrorism Council not from
the Anti-Money Laundering Council, filed with the
Court of Appeals.
- Another way of examining the bank accounts of
terrorist groups is for the AMLC to file petition
pursuant to provisions of AMLA.
SEC. 28.Application to Examine Bank Deposits, Accounts,
and Records.
- The written order of the Court of Appeals authorizing
the examination of bank deposits, placements, trust
accounts, assets, and records:
 (1) of a person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism;
 (2) of any judicially declared and outlawed
terrorist organization, association, or group
of persons, or
 (3) of any member of such organization,
association, or group of persons in a bank or
financial institution, and the gathering of
any relevant information about the same
from said bank or financial institution, shall
only be granted by the authorizing division
of the Court of Appeals upon an ex parte
application to that effect of a police or of a
law enforcement official who has been duly
authorized in writing to file such ex parte
application by the Anti-Terrorism Council
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
created in Section 53 of this Act to file such
ex parte application, and upon examination
under oath or affirmation of the applicant
and, the witnesses he may produce to
establish the facts that will justify the need
and urgency of examining and freezing the
bank deposits, placements, trust accounts,
assets, and records:
o (1) of the person charged with or
suspected of the crime of terrorism
or conspiracy to commit terrorism;
o (2) of a judicially declared and
outlawed terrorist organization,
association or group of persons; or
o (3) of any member of such
organization, association, or group
of persons.
- The authority to file the petition must be in writing
given by the Anti-Terrorism Council NOT AMLC.
SEC. 29.Classification and Contents of the Court Order
Authorizing the Examination of Bank Deposits, Accounts,
and Records.
- The order shall be classified as confidential.
- The written order granted by the authorizing division
of the Court of Appeals as well as its order, if any, to
extend or renew the same, the original ex parte
application of the applicant, including his ex parte
application to extend or renew, if any, and the written
authorizations of the Anti-Terrorism Council, shall be
deemed and are hereby declared as classified
information: Provided, That the person whose bank
deposits, placements, trust accounts, assets, and
records have been examined, frozen, sequestered and
seized by law enforcement authorities has the right to
be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she
intends to do so, the legality of the interference. The
written order of the authorizing division of the Court
of Appeals designated to handle cases involving
terrorism shall specify:
 the identify of the said:
o (1) person charged with or
suspected of the crime of terrorism
or conspiracy to commit terrorism;
o (2) judicially declared and outlawed
terrorist organization, association,
or group of persons; and
o (3) member of such judicially
declared and outlawed
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
organization, association, or group
of persons, as the case may be.
whose deposits, placements, trust
accounts, assets, and records are to
be examined or the information to
be gathered; (b) the identity of the
bank or financial Institution where
such deposits, placements, trust
accounts, assets, and records are
held and maintained;
o (c) the identity of the persons who
will conduct the said examination
and the gathering of the desired
information; and,
o (d) the length of time the
authorization shall be carried out.
SEC. 31. Custody of Bank Data and Information Obtained
after Examination of Deposits, Placements, Trust Accounts,
Assets and Records.
- All data gathered from examination shall be
submitted with the Court of Appeals with 48hrs
after expiration of the period. The same with the
surveillance, it shall be accompanied with joint
affidavit with the person making the examination.
- The one who will examine must have a background
in examining bank account.
- All information, data, excerpts, summaries, notes,
memoranda, working sheets, reports, and other
documents obtained from the examination of the
bank deposits, placements, trust accounts, assets and
records of: (1) a person charged with or suspected of
the crime of terrorism or the crime of conspiracy to
commit terrorism; (2) a judicially declared and
outlawed terrorist organization, association, or group
of persons; or (3) a member of any such organization,
association, or group of persons shall, within forty-
eight (48) hours after the expiration of the period
fixed in the written order of the authorizing division
of the Court of Appeals or within forty-eight (48)
hours after the expiration of the extension or renewal
granted by the authorizing division of the Court of
Appeals, be deposited with the authorizing division
of the Court of Appeals in a sealed envelope or sealed
package, as the case may be, and shall be
accompanied by a joint affidavit of the applicant
police or law enforcement official and the persons
who actually conducted the examination of said bank
deposits, placements, trust accounts, assets and
records.
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
Sec 32 – Read
SEC. 33.Disposition of Bank Materials.
- The sealed envelope or sealed package and the
contents thereof, which are deposited with the
authorizing division of the Court of Appeals, shall be
deemed and are hereby declared classified
information and the sealed envelope or sealed
package shall not be opened and its contents shall not
be divulged, revealed, read, or used as evidence
unless authorized in a written order of the
authorizing division of the Court of Appeals, which
written order shall be granted only upon a written
application of the Department of Justice filed before
the authorizing division of the Court of Appeals and
only upon a showing that the Department of Justice
has been duly authorized in writing by the Anti-
Terrorism Council to file the application, with notice
in writing to the party concerned not later than three
days before the scheduled opening, to open, reveal,
divulge, and use the contents of the sealed envelope
or sealed package as evidence.
- Any person, law enforcement official or judicial
authority who violates his duty to notify in writing as
defined above shall suffer the penalty of six years and
one day to eight years of imprisonment.
SEC. 34. Application to Open Deposited Bank Materials.
- The written application, with notice in writing to the
party concerned not later than three days of the
scheduled opening, to open the sealed envelope or
sealed package shall clearly state the purpose and
reason: (a) for opening the sealed envelope or sealed
package; (b) for revealing and disclosing its classified
contents; and, (c) for using the classified information,
data, excerpts, summaries, notes, memoranda,
working sheets, reports, and documents as evidence.
SEC. 35.Evidentiary Value of Deposited Bank Materials.
- Any information, data, excerpts, summaries, notes,
memoranda, work sheets, reports, or documents
acquired from the examination of the bank deposits,
placements, trust accounts, assets and records of: (1) a
person charged or suspected of the crime of terrorism
or the crime of conspiracy to commit terrorism; (2) a
judicially declared and outlawed terrorist
organization, association, or group of persons; or (3) a
member of such organization, association, or group of
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
persons, which have been secured in violation of the
provisions of this Act, shall absolutely not be
admissible and usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry, proceeding, or
hearing.
SEC. 36.Penalty for Unauthorized or Malicious Examination
of a Bank or a Financial Institution.
- The penalty is ten (10) years and one day to twelve
(12) years of imprisonment.
SEC. 37.Penalty of Bank Officials and Employees Defying a
Court Authorization.
- An employee, official, or a member of the board of
directors of a bank or financial institution, who
refuses to allow the examination of the deposits,
placements, trust accounts, assets, and records of: (1)
a person charged with or suspected of the crime of
terrorism or the crime of conspiracy to commit
terrorism; (2) a judicially declared and outlawed
organization, association, or group of persons; or (3) a
member of such judicially declared and outlawed
organization, association, or group of persons in said
bank or financial institution, when duly served with
the written order of the authorizing division of the
Court of Appeals, shall be guilty of an offense and
shall suffer the penalty of ten (10) years and one day
to twelve (12) years of imprisonment.
SEC. 38.Penalty for False or Untruthful Statement or
Misrepresentation of Material Fact in Joint Affidavits.
- Any false or untruthful statement or
misrepresentation of material fact in the joint
affidavits required shall constitute a criminal offense
and the affiants shall suffer individually the penalty
of ten (10) years and one day to twelve (12) years of
imprisonment.
SEC. 39.Seizure and Sequestration.
- The deposits and their outstanding balances,
placements, trust accounts, assets, and records in any
bank or financial institution, moneys, businesses,
transportation and communication equipment,
supplies and other implements, and property of
whatever kind and nature belonging:
 (1) to any person suspected of or charged
before a competent Regional Trial Court for
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
the crime of terrorism or the crime of
conspiracy to commit terrorism;
 (2) to a judicially declared and outlawed
organization, association, or group of
persons; or
 (3) to a member of such organization,
association, or group of persons shall be
seized, sequestered, and frozen in order to
prevent their use, transfer, or conveyance for
purposes that are inimical to the safety and
security of the people or injurious to the
interest of the State.
- The accused or a person suspected of may withdraw
such sums as may be reasonably needed by the
monthly needs of his family including the services of
his or her counsel and his or her family's medical
needs upon approval of the court. He or she may also
use any of his property that is under seizure or
sequestration or frozen because of his/her indictment
as a terrorist upon permission of the court for any
legitimate reason.
- Example, the bank accounts frozen, the person
suspected to be a terrorist, can file a motion in court
with withdraw certain amount for the needs of his
family including payment of the services of his
counsel.
SEC. 40. Nature of Seized. Sequestered and Frozen Bank
Deposits, Placements, Trust Accounts, Assets and Records.
- The seized, sequestered and frozen bank deposits,
placements, trust accounts, assets and records
belonging to a person suspected of or charged with
the crime of terrorism or conspiracy to commit
terrorism shall be deemed as property held in trust by
the bank or financial institution for such person and
the government during the pendency of the
investigation of the person suspected of or during the
pendency of the trial of the person charged with any
of the said crimes, as the case may be and their use or
disposition while the case is pending shall be subject
to the approval of the court before which the case or
cases are pending.
SEC. 41.Disposition of the Seized, Sequestered and Frozen
Bank Deposits, Placements, Trust Accounts, Assets and
Record. (important provision)
- If the person suspected of or charged with the crime
of terrorism or conspiracy to commit terrorism is
found, after his investigation, to be innocent by the
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
investigating body, or is acquitted, after his
arraignment or his case is dismissed before his
arraignment by a competent court, the seizure,
sequestration and freezing of his bank deposits,
placements, trust accounts, assets and records shall
forthwith be deemed lifted by the investigating
body or by the competent court, as the case may be,
and his bank deposits, placements, trust accounts,
assets and records shall be deemed released from
such seizure, sequestration and freezing, and shall
be restored to him without any delay by the bank or
financial institution concerned without any further
action on his part. The filing of any appeal on motion
for reconsideration shall not stay the release of said
funds from seizure, sequestration and freezing.
- If the person charged with the crime of terrorism or
conspiracy to commit terrorism is convicted by a
final judgment of a competent trial court, his seized,
sequestered and frozen bank deposits, placements,
trust accounts, assets and records shall be
automatically forfeited in favor of the government.
- Upon his or her acquittal or the dismissal of the
charges against him or her, the amount of Five
hundred thousand pesos (P500.000.00) a day for the
period in which his properties, assets or funds were
seized shall be paid to him on the concept of
liquidated damages.
- The amount shall be taken from the appropriations
of the police or law enforcement agency that caused
the filing of the enumerated charges against him/her.
SEC. 44.Infidelity in the Custody of Detained Persons.
- Any public officer who has direct custody of a
detained person or under the provisions of this Act
and who by his deliberate act, misconduct, or
inexcusable negligence causes or allows the escape of
such detained person shall be guilty of an offense and
shall suffer the penalty of: (a) twelve (12) years and
one day to twenty (20) years of imprisonment, if the
detained person has already been convicted and
sentenced in a final judgment of a competent court;
and (b) six years and one day to twelve (12) years of
imprisonment, if the detained person has not been
convicted and sentenced in a final judgment of a
competent court.
SEC. 45.Immunity and Protection of Government Witnesses.
- The provisions of Republic Act No. 6981 (Witness
Protection, Security and Benefits Act) to the contrary
notwithstanding, the immunity of government
QUANTUM LEAP (USJR School of Law Batch 2017) COQRSaSiT
“Together we leap, together we will succeed.”
witnesses testifying under this Act shall be governed
by Sections 17 and 18 of Rule 119 of the Rules of
Court: Provided, however, That said witnesses shall
be entitled to benefits granted to witnesses under said
Republic Act No.6981.
SEC. 46.Penalty for Unauthorized Revelation of Classified
Materials.
- The penalty of ten (10) years and one day to twelve
(12) years of imprisonment shall be imposed upon
any person, police or law enforcement agent, judicial
officer or civil servant who, not being authorized by
the Court of Appeals to do so, reveals in any manner
or form any classified information under this Act.
SEC. 48.Continuous Trial.
- in cases of terrorism or conspiracy to commit
terrorism, the judge shall set the continuous trial on a
daily basis from Monday to Friday or other short-
term trial calendar so as to ensure speedy trial.
SEC. 49. Prosecution Under This Act Shall be a Bar to
Another Prosecution under the Revised Penal Code or any
Special Penal Laws. (Important Provision)
- When a person has been prosecuted under a
provision of this Act, upon a valid complaint or
information or other formal charge sufficient in form
and substance to sustain a conviction and after the
accused had pleaded to the charge, the acquittal of the
accused or the dismissal of the case shall be a bar to
another prosecution for any offense or felony which is
necessarily included in the offense charged under this
Act.
SEC. 50.Damages for Unproven Charge of Terrorism.
(Important Provision)
- Upon acquittal, any person who is accused of
terrorism shall be entitled to the payment of
damages in the amount of Five hundred thousand
pesos (P500,000.00) for every day that he or she has
been detained or deprived of liberty or arrested
without a warrant as a result of such an
accusation.The amount of damages shall be
automatically charged against the appropriations of
the police agency or the Anti-Terrorism Council that
brought or sanctioned the filing of the charges against
the accused. It shall also be released within fifteen (15)
days from the date of the acquittal of the accused. The
 CRIMINAL LAW REVIEW (Book 1)
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award of damages mentioned above shall be without
prejudice to the right of the acquitted accused to file
criminal or administrative charges against those
responsible for charging him with the case of
terrorism.
- Any officer, employee, personnel, or person who
delays the release or refuses to release the amounts
awarded to the individual acquitted of the crime of
terrorism as directed in the paragraph immediately
precedingshall suffer the penalty of six months of
imprisonment.
- If the deductions are less than the amounts due to the
detained persons, the amount needed to complete the
compensation shall be taken from the current
appropriations for intelligence, emergency, social or
other funds of the Office of the President.
- In the event that the amount cannot be covered by the
current budget of the police or law enforcement
agency concerned, the amount shall be automatically
included in the appropriations of the said agency for
the coming year.
Sec. 51. Duty to Record and Report the Name and Address of
the Informant. - The police or law enforcement officers to
whom the name or a suspect in the crime of terrorism was first
revealed shall record the real name and the specific address of
the informant.
The police or law enforcement officials concerned shall report
the informant's name and address to their superior officer who
shall transmit the information to the Congressional Oversight
Committee or to the proper court within five days after the
suspect was placed under arrest or his properties were
sequestered, seized or frozen.
The name and address of the informant shall be considered
confidential and shall not be unnecessarily revealed until after
the proceedings against the suspect shall have been
terminated.
Sec. 52. Applicability of the Revised Penal Code. - The
provisions of Book I of the Revised Penal Code shall be
applicable to this Act.
- mitigating and aggravating circumstances apply
Sec. 53. Anti-Terrorism Council
The members of the Council are: (1) the Executive Secretary,
who shall be its Chairperson; (2) the Secretary of Justice, who
shall be its Vice Chairperson; and (3) the Secretary of Foreign
Affairs; (4) the Secretary of National Defense; (5) the Secretary
of the Interior and Local Government; (6) the Secretary of
Finance; and (7) the National Security Advisor, as its other
members.
Sec. 54. Functions of the Council. –
1. Formulate and adopt plans, programs and counter-measures
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against terrorists and acts of terrorism in the country;
2. Coordinate all national efforts to suppress and eradicate acts
of terrorism in the country and mobilize the entire nation
against terrorism prescribed in this Act;
3. Direct the speedy investigation and prosecution of all
persons accused or detained for the crime of terrorism or
conspiracy to commit terrorism and other offenses punishable
under this Act, and monitor the progress of their cases;
4. Establish and maintain comprehensive data-base
information system on terrorism, terrorist activities, and
counter-terrorism operations;
5. Freeze the funds property, bank deposits, placements, trust
accounts, assets and records belonging to a person suspected
of or charged with the crime of terrorism or conspiracy to
commit terrorism, pursuant to Republic Act No. 9160,
otherwise known as the Anti-Money Laundering Act of 2001,
as amended;
6. Grant monetary rewards and other incentives to informers
who give vital information leading to the apprehension, arrest,
detention, prosecution, and conviction of person or persons
who are liable for the crime of terrorism or conspiracy to
commit terrorism;
7. Establish and maintain coordination with and the
cooperation and assistance of other nations in the struggle
against international terrorism; and
8. Request the Supreme Court to designate specific divisions of
the Court of Appeals and Regional Trial Courts in Manila,
Cebu City and Cagayan de Oro City, as the case may be, to
handle all cases involving the crime of terrorism or conspiracy
to commit terrorism and all matters incident to said crimes.
The Secretary of Justice shall assign a team of prosecutors
from: (a) Luzon to handle terrorism cases filed in the Regional
Trial Court in Manila; (b) from the Visayas to handle cases
filed in Cebu City; and (c) from Mindanao to handle cases filed
in Cagayan de Oro City.
Sec. 55. Role of the Commission on Human Rights. - The
Commission on Human Rights shall give the highest priority
to the investigation and prosecution of violations of civil and
political rights of persons in relation to the implementation of
this Act; and for this purpose, the Commission shall have the
concurrent jurisdiction to prosecute public officials, law
enforcers, and other persons who may have violated the civil
and political rights of persons suspected of, or detained for the
crime of terrorism or conspiracy to commit terrorism.
Sec. 57. Ban on Extraordinary Rendition. - No person
suspected or convicted of the crime of terrorism shall be
subjected to extraordinary rendition to any country unless his
or her testimony is needed for terrorist related police
investigations or judicial trials in the said country and unless
his or her human rights, including the right against torture,
and right to counsel, are officially assured by the requesting
country and transmitted accordingly and approved by the
Department of Justice.
Sec. 58. Extra-Territorial Application of this Act. - Subject to
 CRIMINAL LAW REVIEW (Book 1)
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the provision of an existing treaty of which the Philippines is a
signatory and to any contrary provision of any law of
preferential application, the provisions of this Act shall apply:
(1) to individual persons who commit any of the
crimes defined and punished in this Act within the terrestrial
domain, interior waters, maritime zone, and airspace of the
Philippines;
(2) to individual persons who, although physically
outside the territorial limits of the Philippines, commit,
conspire or plot to commit any of the crimes defined and
punished in this Act inside the territorial limits of the
Philippines;
(3) to individual persons who, although physically
outside the territorial limits of the Philippines, commit any of
the said crimes on board Philippine ship or Philippine airship;
(4) to individual persons who commit any of said
crimes within any embassy, consulate, or diplomatic premises
belonging to or occupied by the Philippine government in an
official capacity;
(5) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said
crimes against Philippine citizens or persons of Philippines
descent, where their citizenship or ethnicity was a factor in the
commission of the crime; and
- The Filipino victims are outside the country but are
killed or committed with terrorism by reason of being
a Filipino
- Persons of Philippine descent - persons who are no
longer Filipino but who have the blood of a Filipino
and is attacked because of their dissent.
- If one was a Filipino and then is already an American
citizen but in America he is attacked because of his
Filipino descent, the law still applies.
(6) to individual persons who, although physically
outside the territorial limits of the Philippines, commit said
crimes directly against the Philippine government.
- we have learned that our penal laws are only effective
within our territory but if the acts are committed
outside our territory, this law has extra-territorial
application.
Sec. 62. Special Effectivity Clause. - After the bill shall have
been signed into law by the President, the Act shall be
published in three newspapers of national circulation; three
newspapers of local circulation, one each in llocos Norte,
Baguio City and Pampanga; three newspapers of local
circulation, one each in Cebu, lloilo and Tacloban; and three
newspapers of local circulation, one each in Cagayan de Oro,
Davao and General Santos city.
The title of the Act and its provisions defining the acts of
terrorism that are punished shall be aired everyday at
primetime for seven days, morning, noon and night over three
national television and radio networks; three radio and
television networks, one each in Cebu, Tacloban and lloilo; and
in five radio and television networks, one each in Lanao del
Sur, Cagayan de Oro, Davao City, Cotabato City and
Zamboanga City. The publication in the newspapers of local
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circulation and the announcements over local radio and
television networks shall be done in the dominant language of
the community. After the publication required above shall
have been done, the Act shall take effect two months after the
elections are held in May 2007. Thereafter, the provisions of
this Act shall be automatically suspended one month before
and two months as after the holding of any election.
- suspended before election
- no jurisprudence yet
- Usually they are charged with murder or homicide. It
is hard to prove terrorism.
- In Zambuanga, they were terrorists but not charged
with terrorism, they were charged with multiple
murder
o Not charged with rebellion as well, mere
participants are charged with a lower
penalty.
PRESIDENTIAL DECREE NO. 533
THE ANTI-CATTLE RUSTLING LAW OF 1974
SECTION 2. Definition of Terms. — The following terms shall mean
and be understood to be as herein defined:
a. Large cattle as herein used shall include the cow, carabao,
horse, mule, ass, or other domesticated member of the bovine
family.
- Cat does not belong to the bovine family. CRIME
COMMITTED: theft
b. Cattle rustling is the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any of the
above-mentioned animals whether or not for profit or gain, or
whether committed with or without violence against or
intimidation of any person or force upon things. It includes
the killing of large cattle, or taking its meat or hide without
the consent of the owner/raiser.
―above-mentioned animals‖
- Members of the bovine family
―whether or not for profit or gain‖
- The law is violated even if the offender took away or
killed the animal without any intent to gain
EX1:If the offender would kill your dog because of
revenge – MALICIOUS MISCHIEF
EX2: If the offender would take away dog because he has
intent to gain, he likes your dog – THEFT
 CRIMINAL LAW REVIEW (Book 1)
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EX3: If the offender would kill your cow because of hatred
or revenge – VIOLATION OF ANTI-CATTLE RUSLTING
SECTION 7. Presumption of Cattle Rustling. — Every person
having in his possession, control or custody of large cattle shall, upon
demand by competent authorities, exhibit the documents prescribed
in the preceding sections. Failure to exhibit the required documents
shall be prima facie evidence that the large cattle in his possession,
control or custody are the fruits of the crime of cattle rustling.
- Under this law, the owners are required to register the
cow or carabao with the municipal hall
SECTION 8. Penal Provisions. — Any person convicted of cattle
rustling as herein defined shall, irrespective of the value of the large
cattle involved, be punished by prision mayor in its maximum period
to reclusion temporal in its medium period if the offense is committed
without violence against or intimidation of persons or force upon
things. If the offense is committed with violence against or
intimidation of persons or force upon things, the penalty of
reclusion temporal in its maximum period to reclusion perpetua shall
be imposed. If a person is seriously injured or killed as a result or
on the occasion of the commission of cattle rustling, the penalty
of reclusion perpetua to death shall be imposed.
When the offender is a government official or employee, he
shall, in addition to the foregoing penalty, be disqualified from voting
or being voted upon in any election/referendum and from holding
any public office or employment.
When the offender is an alien, he shall be deported immediately upon
the completion of the service of his sentence without further
proceedings.
- In theft, the penalty depends upon the value of the
property taken
- Here the value is disregarded for the imposition of
penalty
REPUBLIC ACT NO. 10586
"Anti-Drunk and Drugged Driving Act of 2013"
SECTION 3. Definition of Terms. — For purposes of this Act:
(b) Breath analyzer refers to the equipment which can determine the
blood alcohol concentration level of a person through testing of his
breath.
- To determine whether one is intoxicated or not
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(d) Dangerous drugs and other similar substances refer to drugs listed
in the schedules annexed to the 1961 Single Convention on Narcotics
Drugs, as amended by the 1972 Protocol, and in the schedules
annexed to the 1971 Single Convention of Psychotropic Substances as
enumerated in its attachment which is an integral part of Republic
Act No. 9165, otherwise known as the "Comprehensive Dangerous
Drugs Act of 2002" and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of operating
a motor vehicle while the driver's blood alcohol concentration level
has, after being subjected to a breath analyzer test, reached the level of
intoxication, as established jointly by the Department of Health
(DOH), the National Police Commission (NAPOLCOM) and the
Department of Transportation and Communications (DOTC).
- One might be drunk but no intoxicated
- Determined through the breath analyzer
(f) Driving under the influence of dangerous drugs and other similar
substances refers to the act of operating a motor vehicle while the
driver, after being subjected to a confirmatory test as mandated under
Republic Act No. 9165, is found to be positive for use of any
dangerous drug.
- Use of the confirmatory and screening test
(g) Field sobriety tests refer to standardized tests to initially assess
and determine intoxication, such as the horizontal gaze nystagmus,
the walk-and-turn, the one-leg stand, and other similar tests as
determined jointly by the DOH, the NAPOLCOM and the DOTC.
- Screening test
- If one fails this test then he would be subjected to breath
analyzer
SECTION 4. Driver's Education. — Every applicant for a motor
vehicle driver's license shall complete a course of instruction that
provides information on safe driving including, but not limited to, the
effects of the consumption of alcoholic beverages on the ability of a
person to operate a motor vehicle, the hazards of driving under the
influence of alcohol, dangerous drugs and/or other similar substances,
and the penalties attached for violation thereof.
For professional drivers, every applicant for a driver's license or those
applying for renewal thereof shall undergo the driver's education
herein stated.
The driver's license written examination shall include questions
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D
concerning the effects of alcohol and drug intoxication on the ability of
a person to operate a motor vehicle and the legal and pecuniary
consequences resulting from violation of the provisions of this Act.
***SECTION 5. Punishable Act. — It shall be unlawful for any
person to drive a motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances.
SECTION 6. Conduct of Field Sobriety, Chemical and Confirmatory
Tests. — A law enforcement officer who has probable cause to believe
that a person is driving under the influence of alcohol, dangerous
drugs and/or other similar substances by apparent indications and
manifestations, including overspeeding, weaving, lane straddling,
sudden stops, swerving, poor coordination or the evident smell of
alcohol in a person's breath or signs of use of dangerous drugs and
other similar substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the law
enforcement officer to implement the mandatory determination of the
driver's blood alcohol concentration level through the use of a breath
analyzer or similar measuring instrument.
If the law enforcement officer has probable cause to believe that a
person is driving under the influence of dangerous drugs and/or other
similar substances, it shall be the duty of the law enforcement officer
to bring the driver to the nearest police station to be subjected to a
drug screening test and, if necessary, a drug confirmatory test as
mandated under Republic Act No. 9165.
Law enforcement officers and deputized local traffic enforcement
officers shall be responsible in implementing this section.
SECTION 7. Mandatory Alcohol and Chemical Testing of Drivers
Involved in Motor Vehicular Accidents. — A driver of a motor vehicle
involved in a vehicular accident resulting in the loss of human life or
physical injuries shall be subjected to chemical tests, including a drug
screening test and, if necessary, a drug confirmatory test as mandated
under Republic Act No. 9165, to determine the presence and/or
concentration of alcohol, dangerous drugs and/or similar substances
in the bloodstream or body.
Q: What about if the driver refuses to undergo the tests?
A: The driver of a motor vehicle who refuses to undergo
the mandatory the sobriety test shall be penalized by the
confiscation and automatic revocation of his driver‘s
license, in addition to the other penalties provided by law.
SEC. 10. Deputation.
The LTO may deputize traffic enforcement officers of
 the PNP,
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 the Metropolitan Manila Development Authority
(MMDA) and
 cities and municipalities, in order to enforce the
provisions of this Act.
SEC. 12. Penalties.
A driver found to have been driving a motor vehicle while
under the influence of alcohol, dangerous drugs and/or other
similar substances shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical
injuries or homicide, the penalty of 3 months imprisonment,
and a fine ranging from 20,000.00 to 80,000.00 shall be
imposed;
- meaning the mere fact that you are drunk or drugged while
driving is punishable.
(b) If the violation of Section 5 resulted in physical injuries, the
penalty provided in Article 263 of the Revised Penal Code or
the penalty provided in the next preceding subparagraph,
whichever is higher, and a fine ranging from Php100,000.00 to
Php200,000.00 shall be imposed;
- this is without prejudice to the filing of a charge for a criminal
case for a relative crime committed.
(c) If the violation of Section 5 resulted in homicide, the
penalty provided in Article 249 of the Revised Penal Code and
a fine ranging from Three hundred thousand pesos
(Php300,000.00) to Five hundred thousand pesos
(Php500,000.00) shall be imposed; and
(d) The NONPROFESSIONAL DRIVER’S LICENSE of any
person found to have violated Section 5 of this Act shall also be
confiscated and suspended for a period of twelve (12) months
for the first conviction and perpetually revoked for the second
conviction.
The PROFESSIONAL DRIVER’S LICENSE of any person
found to have violated Section 5 of this Act shall also be
confiscated and perpetually revoked for the first conviction.
The perpetual revocation of a driver‘s license shall disqualify
the person from being granted any kind of driver‘s license
thereafter.
The prosecution for any violation of this Act shall be without
prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.
SEC. 13. Direct Liability of Operator and/or Owner of the
Offending Vehicle.
 CRIMINAL LAW REVIEW (Book 1)
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- He is presumed to be liable.
GR: The owner and/or operator of the vehicle driven by the
offender shall be DIRECTLY AND PRINCIPALLY held liable
together with the offender for the fine and the award against
the offender for civil damages.
EXC: he or she is able to convincingly prove that he or she has
exercised extraordinary diligence in the selection and
supervision of his or her drivers in general and the offending
driver in particular.
This section shall principally apply to the owners and/or
operators of public utility vehicles and commercial vehicles
such as
- delivery vans,
- cargo trucks,
- container trucks,
- school and company buses,
- hotel transports,
- cars or vans for rent,
- taxi cabs, and the like.
SEC. 15. Nationwide Random Terminal Inspection and Quick
Random Drug Tests.
- The LTO shall conduct random terminal inspections
and quick random drug tests of public utility drivers.
The cost of such tests shall be defrayed by the LTO.
RA 10913 AN ACT DEFINING AND PENALIZING
DISTRACTED DRIVING
Passed on July 21, 2016
- This law (the bill) was left unsigned by President
Pinoy.
Definition of terms:
a) Diplomatic motor vehicle- any motor vehicle leased
or owned by a foreign mission and its staff for their
official use;
b) Electronic entertainment and computing device- any
handheld electronic device capable of digital
information processing, recording, capturing or
displaying and computing operations such as, but not
limited to laptop, computers, tablets, video game
consoles and calculators.
c) Mobile communications devices- electronic
communications equipment such as but not limited to
cellular phones, wireless telephones, two- way radio
transceivers pagers and other similar devices capable
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of transmitting, receiving, or both of encrypted data
and/ or signals through wireless electronic or any
other similar means.
DISTRACTED DRIVING
- Refers to the performance by a motorist of any of the
following acts in a motor vehicle in motion or
temporarily stopped at a red light, whether
diplomatic, public or private, which are hereby
declared unlawful:
a. Using a mobile communications device to
write, send or read a text- based
communication or to make or receive calls,
and other similar acts; and
b. Using an electronic entertainment or
computing device to play games, watch
movies, surf the internet, compose messages,
read e- books, perform calculations, and
other similar acts.
- This includes playing pokemon.
EXTENT OF COVERAGE
- Not considered distracted driving if done using the
aid of a hands- free function or similar device such as,
but not limited to a speaker phone, earphones and
microphones or other similar devices which alow a
person to make and receive calls without having to
hold the mobile phone.
- Provided that the placement of the phone does not
interfere with the line of sight of the driver.
- This shall also apply to agricultural machineries such
as tractors and construction equipment such as
graders, rollers, backhoes etc.
Note: GR: The provisions of this act shall not apply to
motorists of motor vehicles which are not in motion.
EXC: Those which are stopped momentarily at a red light, or
are pulled over to the side of the road in compliance with a
traffic regulation.
EXEMPTIONS TO THE PROVISIONS OF THIS ACT:
1. Using mobile phone for emergency purposes
including but not limited to an emergency call to a
law enforcement agency, health care provider, fire
 CRIMINAL LAW REVIEW (Book 1)
As discussed by Judge D

department, or other emergency services, agency or

entity; and

2. A motorist using a mobile phone while operating an

emergency vehicle such as an ambulance, firetruck
and other vehicles.

NOTE: The penalties imposed in this law shall be imposed

without prejudice to other liabilities under the RPC or any
special law, arising out or on occasion of the herein prohibited
acts.

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