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ATENEO CENTRAL BAR OPERATIONS 2019 JORGE ALFONSO C. MELO Bar Review Coordinator LEILA S. LIM Bar Review Secretaiat ATENEO CENTRAL BAR OPERATIONS PATRICK EDWARD BALISONG Chairman KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO ‘Adminstration Committee Heads Academies Committee Heads Hotel Operations Commitee Heads. JUDGE OSCAR PIMENTEL (RET.) ASSOCIATE DEAN GIOVANNI VALLENTE ATTY. RONALD C. CHUA, (CRIMINAL LAW Faculty Advisers ALELI JOYCE BUCU BERNADETTE ENCARNACION PATRICIA THERESE MIRADOR ‘CRIMINAL LAW Subject Heads. EUNICE A. MALAYO FRANCES CHRISTINE F. SAYSON Central Bar Operations Academics Understudies ELLAINE QUIZON PATRICIA SORIANO MIKA MONSALUD ANGELIE PAMIE LEE CRIMINAL LAW Volunteers KALI NAVEA-HUFF RICHELA PUNO DROTOTHY HELENA DULNOAN FRICELA KIM CARREON CHRISTINA BALTAZAR CARMINA LOISE ARAGON ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 1, REVISED PENAL CODE — BOOK A. GENERAL PRINCIPLES 4. MALA IN SE AND MALA PROHIBITA Q: Distinguish matum in se from malum prohibitum. a Temes ‘Acrime where the act done is inherently bad, evil and wrong in nature, such that it is generally condemned. The moral traits of the offender are taken into account in punishing the crime. Good faith or lack of criminal intent or malice is a defense. (Garcia v. CA, GR. No. 187171, 2006, citing Reyes, Book 1, p. 55 LE ‘Acrime where the act done isnot inherently bad, evil | or wrong | but prohibited by law for public good and welfare. Anyone who voluntarily commits the prohibited act | incurs criminal | liability. Good faith or lack of criminal intent or malice is not a defense. (U.S. v. Go Chico, GR. No. 4963, 1909) 2. APPLICABILITY AND EFFECTIVITY OF THE PENAL CODE a. GENERALITY :: What is the Generality principle of Criminal Law? A: Penal laws shall be obligatory upon all who live (r sojourn in the Philippine territory. (Art 14, CC) What are the exceptions to the Generality principle of Criminal Law? A 1) Treaty stipulations and agreements; 2) Law of preferential application; and 3) Principles of Public International Law. (Reyes, Book 1, p. 10) international b. TERRITORIALITY Q: What is the Territoriality principle of Criminal Law? A: Penal laws have the force and effect only within its territory. (Art 2, RPC) What are the exceptions to the Territoriality principle of Criminal Law? & 1) Treaties; and 2) Laws of preferential application. (Art. 2, RPC) Q: What are the exceptions to the rule that penal laws of the Philippines are enforceable ‘only within its territory? B 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 Goverment of the Philippine Istands; 3) Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the preceding 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. (Art. 2, RPC) Q: Must a ship be registered in the Philippines for the exception to territoriality under Art. 2 of the RPC apply? A: Yes. Registration of the vessel or aircraft makes it a Philippine ship/airship within the purview of Art. 2. (Sec. 1, RA 6235) Otherwise, the rule on territoriality applies, subject to the English Rule. Note: this exception only applies if the crime is committed outside the territorial jurisdiction of another country. (People v. Cheng, G.R. No. L- 18924, 1922) Q: What is the English Rule? Differentiate from the French Rule. A; The English Rule, which Philippine law follows, punishes a crime committed on board a foreign merchant vessel if within the territorial jurisdiction Page 1 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW of the Philippines; unless the offense affects or refers only to the internal management of the vessel ‘The French Rule punishes a crime committed on board a foreign merchant vessel only if it affects oF refers to the peace and security of the country where committed. (Reyes, Book 1, p. 29) Q: A and B, Filipino citizens, went to Hong Kong on a pleasure trip. When they returned to, and were already in, the Philippines, B discovered that A stole her diamond ring worth Php2,000 while they were in Hong Kong. May our Criminal Law be applied in this case? Explain your answer. ‘A: No, because the crime was committed in Hong Kong. This is not one of the cases where the provisions of the Revised Penal Code may be enforced outside the jurisdiction of the Philippines 4s provided in Art. 2 of the Revised Penal Code. (Art. 2, RPC; and Estrada, 2008) c. PROSPECTIVITY Q: What is the Prospectivity principle of Criminal Law? ‘A: Crimes are punished under the laws in force at the time of their commission. Thus, a penal law cannot punish an act done before its effectivity. (Art. 366, RPC) Q: What is the exception to the Prospectivity principle of Criminal Law? ‘A: When the new law is favorable to the accused (Art. 22, RPC) such as wh lighter penalty for the crime committed. What are the exceptions to the exception to. the Prospectivity principle of Criminal Law? A 1) The new law is expressly inapplicable to pending actions or existing causes of actions (Tavera v. Valdez, G.R. No. 1-922, 1902); and 2) The offender is 2 habitual criminal. (Art 22, RPC) Q: Distinguish between ex post facto law and bill of attainder. A EIRETTe ‘A law which inflicts punishment on a named individual or a group of individuals without judicial trial Sree ‘Any law which makes an innocent act a crime after the act was committed, Itis Latin. phrase which means “trom | (People v. Ferrer, something done | G.R. No, L-32613-14, afterwards.” It could | 1972) also be a law which aggravates a crime, or makes it greater than when it was committed, or which changes the punishment and inflicts greater penalty |than the law | governing the crime | when committed (US. v Conde, GR. No. L-18208, 1922) 3. PRO REO PRINCIPLE B. FELONIES 4. CRIMINAL LIABILITIES AND FELONIES a. GRAVE vs. LESS GRAVE vs. LIGHT FELONIES GRAVE FELONIES Punishable by reclusion perpetua, reclusion disqualification, perpetual or temporary special disqualification and prision mayor. LESS GRAVE FELONIES Punishable by prision correccional, arresto ‘mayor, suspension and destierro. LIGHT FELONIES are those infractions of law for the commission of which the penalty of arresto ‘menor or a fine not exceeding 40,000 pesos or both, is provided. Light felonies are punishable only when they have been consummated. They produce such light, such insignificant moral and material injuries Page 2 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW that public conscience is satisfied with providing alight penalty for their consummation. EXCEPTION: Light felonies committed against persons or property, are punishable even if attempted or frustrated. Rationale: The commission of felonies against persons or property presupposes in the offender moral depravity. b. ABERRATIO ICTUS, ERROR IN PERSONAE, AND PRAETER INTENTIONEM Era Aberratio _Praeter Pei orem a Mistake in| Mistake in| The injurious. Identity theBlow — [result is, greater than that intended ihe intended | it is a | Article 49 wall crime and | compound _| not apply. crime actually | crime when This is a committed are | the single | mitigating punished with | act results in | circumstance different two or more | . (Art. 13 par. penalties: The | crimes (Art | 3) lesser penalty | 48) for the crime | otherwise, intended or | the offenses committed is | shall be imposed. (Art. | separately 49) punished, @: The conduct of wife (W) aroused the ire of her husband (H). Incensed with anger almost beyond his control, H could not help but inflict physical injuries on W. Moments after H started hitting W with his fists, W suddenly complained of severe chest pains. H, realizing that W was indeed in serious trouble, immediately brought her to the hospital. Despite efforts to alleviate W's pains, she died of heart attack. It turned out that she had been. suffering from a lingering heart ailment. What crime, if any, could W be held guilty of? AH could be held liable for parricide because his act of hitting his wife with fist blows, and therewith inflicting physical injuries, is felonious. A person committing a felonious act incurs criminal liability although the wrongful consequence is different from what he intended. (Art. 4, par. 1, RPC) Although W died of heart attack, the said attack was generated by H's felonious act of hitting her with his fists. Such felonious act was the immediate cause of the heart attack, having materially contributed to and hastened W's death Even though H may have acted without intent to Kill his wife, lack of such intent is of no moment when the victim dies. However, H may be given the mitigating circumstance of having acted without intention to commit so grave a wrong as that committed. (Art. 13, par. 3, RPC; and People v. Reyes, GR. No. L-42117, 1935) Q: A and B were fighting on a sidewalk of a street. When A hit B on the face, the latter fell ‘on the street at the moment a passing automobile was just a meter from where B fell. As a result, B was run over and was killed. At the time he boxed B, A did not see the automobile. Is a liable for the death of B? ‘A: No, because the blow given by A on the face of B was not the proximate cause of B's death. Proximate cause is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred. In this case, there was an efficient intervening cause that broke the relation of cause and effect, and that is, the running over of B by the passing automobile. (People v. Villacorta, GR. No. 186412, 2011) c. IMPOSSIBLE CRIME What are the elements of an impossible crime? & 1) Act would have been an offense against persons or property; 2) There was criminal intent; 3) Accomplishment is inherently impossible (legal impossibility or physical impossibility), or inadequate or ineffectual means are employed; and 4) Act Is not an actual violation of another provision of the Code or of special law. (Art 4, RPC) Page 3 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What is the difference between legal impossibility and factual impossibility? A eres gy rrr tes Refers to. intended | Refers to Extraneous: acts even _ if circumstances Completed would not | unknown to the actor amountto a.crime. | or beyond his contol | prevent the consummation of the intended crime. such as a man who puts his hand in. another's | pocket with intent to Steal and finds. the | pocket empty. (Into |v ca, GR. No | 103119, 1992) @: Are there attempted or frustrated impossible crimes? ‘A; There is no attempted or frustrated impossible crime. The offender intending to commit an offense has already performed all the acts of execution but does not produce the crime by reason of the fact that it's nature is one of impossible accomplishment or that the means employed are essentially inadequate or ineffectual. Since all the acts of execution have already been performed, there could be no attempted impossible crime. The acts performed by the offender are considered as constituting a consummated offense. (Art. 4, RPC; Estrada, 2008; and Intod v. CA, G.R. No. 103119, 1992) 4d. STAGES OF EXECUTION @: Distinguish the three stages of committing a felony. A CT Offender Offender | Offender commences | performs all | performs all the the the acts of | acts of execution of | execution of | execution and the felony by | the felony | produces the overt acts | but does not | felony. but does not | produce it | perform all | by reason of | the acts of | causes | execution by | independent | reason of | of the will of | some cause | the offender. | [or accident other than his own spontaneous desistance. 4 (Art. 6, RPC) Q: What are overt acts? A: An overt act is some physical activity or deed, indicating the intention to commit a particular rime, more than a mere planning or preparation, which if carried to its complete termination following its natural course, without being frustrated by extemal obstacles nor by the voluntary desistance of the perpetrator, will logically and necessarily ripen into a concrete offense. Itis possible that an overt act may not be by physical activity but by mere communication or proposal. (People v. Lizada, G.R. No. 143468-71, citing Reyes, Book 1, p. 99) Q: When is spontaneous desistance exculpatory? a 1) When made during the attempted stage: AND 2) The acts already committed do not constitute any other offense. (People v. Vilacorte, GR. No. L-21860, 1974) Note: Cause for desistance is immaterial, (People v. Villacorte, G.R. No. L-21860, 1974) : Define preparatory acts and distinguish them from attempted stage of the acts of execution. Are preparatory acts pul & ences ‘Those initial acts of a| Acts which are person who has | directly connected conceived the idea of | to the intended committing a crime but| crime. They are which cannot by | overt acts with a themselves logically and | logical relation to a necessarily ripen into a | particular concrete | concrete offense. They | offense. are not overt acts and, hence, they do not constitute the attempted stage of the acts of execution (Estrada, 2008) Page 4 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Generally, preparatory acts are not punishable, because the law regards them as innocent or at least permissible, except in rare and exceptional cases. (Estrada, 2008) Preparatory acts consisting in conspiracy to commit a felony is punishable in treason, rebellion and sedition, and proposal to commit a felony is punishable in treason and rebellion. (Art 115, 136, RPC) Preparatory acts which are considered in themselves, by law, as independent crimes are punishable, like possession of picklocks which is preparatory to the commission of robbery with force upon things. (Arts. 229 and 302, RPC) Q: What are the manners of committing a crime? A 1) Formal crimes - these crimes are consummated in one instant. There are no attempted or frustrated stages. 2) Crimes consummated by mere attempt or proposal or overt act. 3) Felony by omission there is no attempted stage in these crimes since the offender does not execute act, but rather fails or omits to perform an act. 4) Crimes consummated by mere agreement (requires the intervention of two persons). 5) Material crimes — crimes which have three stages of execution (attempted, frustrated ‘and consummated). (Reyes, Book 1, page 121-123) Q: A picked the pocket of B and succeeded in extracting B’s wallet. Once in possession of the wallet, A opened it, but fi it empty he threw away the wallet. Is A guilty of an impossible crime? ‘A: No, because the wallet has some value and the crime of theft is consummated from the moment the offender has taken possession of the wallet with intent to gain. Hence, that person is guilty, not of an impossible crime, but of theft. In impossible crime, the act performed should not, constitute another offense, specifically punished by law. (Intod v. CA, G.R. No. 103119, 1992) Q: A went to a grocery store and bought two boxes of Magic Flakes worth P1,423.00. B, the manager, upon inspection, found that the contents of the two boxes were not Magic Flakes biscuits, but 14 smaller boxes of Ponds White Beauty Cream worth P28,627.20. ‘Awas caught and was charged with frustrated theft. Can A be held guilty of this crime? ‘A: No. There is no crime of Frustrated Theft. The Information can never be read to charge A of consummated Theft because the indictment itself stated that the crime was never produced Instead, the Information should be construed to mean that A was being charged with theft in its attempted stage only. Necessarily, A may only be Convicted of the lesser crime of Attempted Ther (Canceran v. People, G.R. No. 206442, 2015) Q Taking into account the nature and elements of the felonies of coup d’ etat and rape, may one be criminally liable for frustrated coup d'etat or frustrated rape? A: No, a person may not be held liable for frustrated coup d'etat or for frustrated rape because in a frustrated felony, itis required that all the acts of execution that could produce the felony as a consequence must have been performed by the offender but the felony was not produced by reason of causes independent ofthe will ofthe offender. Inthe said felonies, however, ‘one cannot perform all the acts of ‘execution without consummating the felony. In coup d’ etat the mere attack directed against the duly constituted authorities of the Republic of the Philippines, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power would consummate the crime. (Art. 134-A, RPC) ‘There is likewise no such thing a frustrated rape. Cleary, in the crime of rape, from the moment the offender has camal knowledge of his victim he actually attains his purpose and, from that moment also all the essential elements of the offense have been accomplished. Nothing more is left to be done by the offender, because he has performed the last act necessary to produce the ‘crime. Thus, the felony is consummated. (People Vv. Orta, G.R. No. 88724, 1990). ‘The said felonies, therefore, do not admit of the frustrated stage. (Art. 6, RPC) Page 5 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW e. CONTINUING CRIMES Q Define plurality of crimes. A: Pluralty of crimes consists in the successive execution by the same individual of different criminal acts upon any of which no conviction has yet been declared. It is either formal or ideal plurality (only one criminal liability) or real or ‘material plurality (each act is a separate crime). (Reyes, Book 1, page 701) Q: What is a continuing crime? A: Itis a single crime, consisting of a series of acts but all arising from one criminal resolution. Although there is a series of acts, there is only ‘one crime committed; thus, only one penalty shall be imposed. (Mallari v. People, G.R. No. L- 58886, 1988) {. COMPLEX CRIMES AND COMPOSITE CRIMES @: Distinguish between compound and complex crime proper. A Coen ey Results when the offender commits only | a single felonious act, | from which two or more grove oF iss | penalty forthe more grave felonies are i imposed. (Peopie v. Pineda, GR. No. L- 26222, 1967) Cems Results when the offender commits an offense which is a necessary means for commiting another offense. (Art. 48, RPC) Only one information shall be filed and if proven, the produced. : Distinguish the following from each other: 1) Complex crime under Article 48 of the Revised Penal Code; 2) Special complex crime; and 3) Delito continuado. Delito Corer) CIT Crime (Art ns is made up of Special Complex crime eis made up| Kis the term two or more | offwoor more | used to crimes being | crimes. which | denote as only punished in | ere distinct, considered | provisions of | only as the Revised | components Penal Code | of a single but alleged in | indivisible one offense being information | punished in either Because | one. provision they were | of the Revised brought about | Penal » Code; by 2. single | hence, only felonious. act | one penalty is or because | special’ | and. violating one offense is | reserbed. | one and. the a | same penal | series of felonious acts arising from a single criminal resolution, not susceptible of division, which are carried out in the same place and at about the same _ time, means for | component | provision. It Commiting the | crimes are not | involves a other offense | regarded as | concurrence or offenses; | distinct crimes | of felonious hence, only | and so the | acts violating ‘one "penalty | penelty forthe | 2 common shall be | most “serious | right, a imposed. As to | crime is not | common penalties in an | the penalty to | penal ordinary be imposed | provision, and complex nor in its | Impelled by @ crime, the | maximum | single criminal | Penalty for the impulse most (People v. Ledesma, GR. No. L- 41522 1976), period (People v. Laraaga, GR 138874- 75, 2004) crime shall be imposed and | No, inits maximum period. (Art 48, RPC) Page 6 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: A, a collector of a commercial firm, misappropriates for personal use, on different dates, several amounts collected from different persons. A was charged with multiple counts of estafa. A raises the defense that all the counts of estafa constituted only one crime and was impelled by a single criminal intention. Is A correct? A: It depends. The foreknowledge rule applies. ‘The rule states that when the accused, at the time he committed the first felonious act, already intended to commit the succeeding felonious acts, thereby showing that a single intention determined the commission of all the acts, there is a continuing crime. (People v. Cid, G.R. No. L- 45649-45652, 1938) Q: Is there a complex crime of estafa through. falsification of private document? A: No. Ifthe falsification of a private document is, committed as a means to commit estafa, the proper crime to be charged is falsification. If the estafa can be committed without the necessity of falsifying a document, the proper crime to be charged is estafa. (Batulanon v. People, G-R. No. 139857, 2006) Q: Does Article 48 (Complex Crimes) apply to acts penalized under Article 365 (Reckless Imprudence)? ‘A: No. Article 48 is incongruent to the notion of quasi-crimes under Article 365. Itis conceptually impossible for a quasi-ffense 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. (Iver v San Pedro, G.R. No. 172716. November 17, 2010) Q: How should “homicide” be understood in the special complex crime of rape with homicide? ‘A: Homicide is to be understood in its generic sense, and include murder and slight physical injuries by reason or on occasion of the rape. (People v. Nanas, G.R. No. 137299, Aug. 21, 2001) Q: X poked AAA, a house help, with a gun at her throat while the latter’ was buying pandesal and later forced her into the backseat of a parked car. X along with two other men, Y and Z, blindfolded her while in transit. When they reached their destination, X undressed her and began kissing her body from the neck downwards and thereafter raped her. Y and Z also took turns in raping her. X, Y and Z are charged for forcible abduction with rape. Is this correct? A: No, the rape absorbed the forcible abduction. The principal objective of X, Y and Zin abducting AAA was to rape and ravish her. This became evident when after reaching their destination; X immediately undressed her and kissed her body from the neck down. They cannot be held liable for the complex crime of forcible abduction with rape when the objective of the abduction was to commit the rape. (People v. Sabadlab, G.R. No. 175924, 2012) 2. CIRCUMSTANCES AFFECTING CRIMINAL, LIABILITY a. JUSTIFYING CIRCUMSTANCES Q: What is the difference between retaliation and self-defense? a Ee The aggression thal was begun by the injured party already ceased to exist when the accused attacked him, (Peopie v. Decena, GR. No. 107874, 1994) Senos The aggression stil existed when the ‘aggressor was injured by the person defending. : What is the effect of claiming self-defense? ‘A: By invoking self-defense, the accused, in fact, admitted that he inflicted injuries on the victim. The burden of proving with clear and convincing evidence the justifying circumstances to exculpate him from criminal liability was thereby shifted to him. (Tandoc v. People, G.R. No. 150648, 2007) X went to a taho factory looking for a certain person but failed to locate the latter. Frustrated, X stuck a knife into a taho pail. A who saw this, confronted X, and invited X toa fistfight on the condition that he put the knife down. X complied and they engaged in a fistfight. In the middle of the fight, X reached for the knife and stabbed A. A ran away and attempted to escape. B attempted to help A with a bamboo stick. Unfortunately, B slipped and fell face flat. X stabbed B, resulting to the death of B. X was charged for the murder of B Page 7 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW as attended by treachery, and the attempted homicide of A. X counters that with respect to 4, X only acted to defend himself. Did X act in self-defense? ‘A: [PERLAS-BERNABE] No. X did not act in self- defense. A did not exhibit unlawful aggression to justify X's actions as X was the aggressor. ‘Assuming arguendo that A exhibited unlawful aggression when he participated in the fistfight with X, the moment he ran away from the fight, the unlawful aggression ceased to exist. Thus, X did not actin self-defense, (People v. Casas, G.R. No. 212565, 2015) Q: A came from a meeting and was on his way home. X, who had issues to be settled with A, confronted the latter. A tried to walk away from the confrontation, but X punched him in the face. X then took out his gun and shot A. X was charged with the murder of A as attended by treachery. X claimed he was acting in defense of his person, as A supposedly attempted to take a gun out first. (1) Is treachery present? (2) Did X act in self- defense? A; [PERLAS-BERNABE] No. The existence of treachery negates the claim of self-defense. (People v. Matibag, G.R. No. 206381, 2015) Q: X was having a drinking spree with his friends in a carinderia. Sometime thereafter, the victim crossed the street going to the carinderia, where he encountered X who suddenly poked him with an iron pipe, which turned out to be a homemade firearm or sumpak. While the victim was on his way to the hospital, he died as a result of the gunshot wound and traumatic head injuries. X was then charged with Murder with qualifying circumstance of Treachery, among others. However, X claims that he did it out of self- defense, claiming that it was the victim who approached and threatened to kill him. Was self-defense present in this case? ‘A: No, the act of X was not out of self-defense. Unlawful aggression from the victim is patently absent. The life of X was not in danger during the encounter. (People of the Philippines v. Erie Inciong y Orense, G.R. No. 213383, 2015) Q: X stabbed Y. Y was able to grapple the knife away from X and Y ran away. X chased Y where they once again grappled over the weapon. In the middle of grappling for the weapon Y stabbed X which caused X's death. Y was charged with murder. Y claims self- defese. Will his defense prosper? ‘A: No, although X initiated the attack against Y, the unlawful aggression ceased when X was able to take possession of the weapon. The subsequent grappling over the weapon is not considered unlawful aggression on the part of X since Y still had possession of the weapon. Y's, next move of stabbing X is retaliation, not self- defense. (People v. Dulin, G.R. No. 171284, 2018). @: What are the two kinds of unlawful aggression? A or ey er rs frre) Jit is an attack with | It is an attack that is | physical force or with | impending or at the a weapon, an | point of happening; it offensive act that positively determines the intent of the aggressor to cause the injury. (People v. Dulin, GR. No. 771 must not consist in a mere threatening attitude, nor mustit be merely imaginary, but | must be offensive and | posively strong 14, 2075). Q: What is the battered woman syndrome? A Battered woman syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women ving in battering relationships as a result cumulative abuse. (R.A. 9262, Sec. 3(c)) ‘The three phases are: (1) tension-building phase, (2) acute battering incident, and the (3) tranquil, loving, or non-violent phase. (People v. Genosa, G.R. No. 135987, 2004) Q: Is the Battered Woman Syndrome a defense against criminal liability? A: Yes, Women suffering from BWS do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. (RA 9262, Sec. 26) Page 8 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: Can BWS be invoked during the tranquil stage? A: Yes, as long as it is proven that the three phases of the cycle of violence have occurred twice, and the syndrome is established (People v. Genosa, G.R. No, 135981), further evidence of actual physical assault (unlawful aggression) at the time of the killing is not required. (R.A. 9262, Sec. 26) Q: When is obedience to an order of a ‘superior a justifying circumstance? ‘A; When the order is lawful. Also, if the accused ‘complied with an unlawful order under a mistake of fact, he should not incur criminal liability However, where the act which accused was ordered to do was clearly unlawful even to an ordinary person, the justifying circumstance is unavailing. (People v. Beronilla, G.R. No. L-4445, 1955) Q: A was standing on the road near his house when B, who appeared to be drunk, boxed him. in the stomach. A tried to talk to B and calm him down but B continued to attack A, hitting him. A picked up a stone and hit the side of B's head several times. B fell to the ground. A then left the scene. Records show that A sustained no injury. A claims self-defense, will A's defense prosper? ‘A: No, the plea of self-defense was belied, by the weapons used by A and the location and number of wounds he inflicted on B revealed his intent to Kill, not merely an effort to prevent or repel an attack from B. Significant is the gravity of the wounds manifested which determines effort of the accused to kill his victim, not just to defend himself. (People v. Fontanilla, GR. No. 177743, 2012) Q: Is a barangay captain, who is also the caretaker of the vacant lot, exempted from criminal liability when he tore down the nipa hut of one who believed her grandparents ‘owned the lot when in fact they were not? ‘A: No, he is not. Such an acti not a fulfilment of duty when he took the law into his own hands and summarily demolished the hut for he had no authority. (Valeroso v. People, G.R. No. 149718, 2003) ): A patrolman, with his armalite, shot a drunk student who was rowdy, hence the latter died. Is the patrolman liable? A Yes. The kiling cannot be a necessary consequence of the performance of his duty. (People v. Belbes, G.R. No. 124670, 2000) Q: What if the order is illegal, yet it is patently legal and the subordinate is not aware of its illegality, is the subordinate liable? ‘A: No, the subordinate is not liable, for then there. ‘would only be a mistake of fact committed in good faith. (Tabuena v. Sandiganbayan, G.R. No. 103501-03, 1997) b. EXEMPTING CIRCUMSTANCES : What are the tests for exemption on the grounds of insanity? & 1) Cognition, where the accused acted with complete deprivation of intelligence in ‘committing said crime. OR 2) Volition, where the accused acted with total deprivation of freedom of will. (People v. Rafaman, Jr, G.R. No, L-54135, 1991); : What happens when the minor acts with discernment? ‘A; When the child is 15 years of age or under at the time of the commission of the crime, he shall be exempted from criminal liability. However, the child shall be subjected to an intervention program pursuant to Sec. 20 of the Juvinile Justice and Welfare Act (JJWA), When a child above 15 years but below 18 and he has acted with discernment, the child shall be subjected to the appropriate proceedings in accordance with the JJWA. (Sec. 6, JJWA) A girl 15 % years of age pushed her playmate into a deep place of the river, with intent to kill her. The intent to kill was proven by the prosecution. Is she criminally liable for causing the death of her playmate who died of drowning? Explain. A: Yes. A child above fifteen (15) years but below eighteen (18) years of age who acted with discernment is NOT exempt from criminal lability and will be subjected to a court-ordered diversion program (Sec. 6, JJWA). Page 9 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What is the scope of minority? (a) A child 15 years of age or under at the time of the commission of the offense shall be exempt from criminal ability (Sec. 6, R.A. 9344). NOTE: Shall be subject to an intervention progranr, ot (b)A child above 15 but below 18 years of age at the time of the commission of the offense shall likewise be exempt from criminal liability, provided he acted without discernment. NOTE: The child is subject to an (a) intervention 4 series of activities which are designed to address issues that caused the child to commit the offense, taking the form of an individualized treatment program i. counseling, skils training, education etc. to enhance psychological emotional and psycho-social well-being, or (b) diversion program, program that the child in conflict with the law is required to undergo after being found responsible for an offense without resorting to formal court proceedings. (R.A. 9344, Sec. 4) Q: Who is a child in conflict with the law (cicLy? A: Achild alleged as, accused of or adjudged as, having committed an offense under PH laws (Sec. 4(e), RA. 9344), BUT only if such child is 45 years old or below at the time of the ‘commission of the crime, This is conclusive presumption that CICL are incapable of performing the criminal act due to complete absence of intelligence, freedom of action, or intent. (Ortega v. People, G.R. No. 151085, 2008), Q: How do you determine the child's age? 1) Through the birth certificate, baptismal certificate, or any other _ pertinent documents; 2) Based on information from the child himseltiterseif, testimonies of other persons, physical appearance of the child and other relevant evidence; (Sec. 7, RA 9344) ANDIOR 3) Lack of any contrary evidence showing that the accused's or his relative's testimonies are untrue. (Sierra v. People, G.R. No. 182941, 2009) Q: What offenses are not applicable to children? re 41) Prostitution under Art, 202 of the RPC; 2) Mendicancy under P.D. No. 1563; and 3) Sniffing of rugby under P.D. 1619 (Sec. 58, RA 9344) : May a child apply for Probation? A: Yes. The court may, after it shall have convicted and sentenced a CICL, and upon application at any time, place the child on probation in lieu of service of histher sentence taking into account the best interest of the child (Sec. 42, RA. 9344) Q: X attacked Z, shooting several times. The bullets also hit Z's friend, Y, causing his instantaneous death. During trial, X claims that it was an accident because Z was his enemy, not Y. Will his defense prosper? A: X cannot use accident as a defense. An accident contemplates a situation where a person is in the act of doing something legal, with due care, then accidentally harms or injures another. Ithappens outside the will of the accused, with no intention to do wrong. Here, X initiated the attack, intentionally fred the bullets directed to Y, hitting both Y and Z. (Talampas vs. People, G'R. No. 180219, 2011) @: When a member of the PNP was instructed to fetch the victim in his cell for investigation, the latter tried to remove the former's weapon from its holster, to which a struggle ensued. in the course of said struggle, the gun fired, hitting and killing the victim. Is the PNP member exempted? A: Yes, all the requisites of accident concurred. The act of fetching the victim from his cell and the act of defending himself are lawful acts. Next, he exercised due care when he kept his weapon's safely locked when he left his house and kept it in his holster when in the premises of his work area. He had no intent to harm the victim. Also, the fatal shot occurred by mete accident in the course of the struggle against the victim. (Pomoy \. Philippines, G.R. No. 150647, 2004) Page 10 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW c. MITIGATING CIRCUMSTANCES Q: When is voluntary surrender appreciated? ‘A: In order for it to be appreciated, the same ‘must be spontaneous in such a manner that it shows the interest of the accused to surrender unconditionally to the authorities, either because he acknowledged his guilt or because he wishes to save them the trouble and expenses necessarily incurred in his search and capture. It is no longer mitigating if the accused had already been arrested. (People v. Lozano, G.R. No, 137370-71, 2003) Q: A,B, C and D attacked Z. Z died. A then went to the Barangay Chairman but he did so to seek protection from retaliation of Z's relatives. A claims that he is entitled to the mitigating circumstance of voluntary surrender for surrendering to the Barangay Chairman. Should the circumstance be considered? A: No, The third requisite of voluntary surrender, that the surrender is voluntary is absent inthis case. The third requisite requires the surrender to be ‘spontaneous, indicating the intent of the accused to unconditionally submit himself to the authorities, either because he acknowledges his guilt or he wishes to save them the trouble and ‘expenses necessary for his search and capture. In this case although A went to Barangay Chairman after the killing, he did so to seek protection against the retaliation of the victims! relatives, not to admit his participation in the killing of the viclims. Even then, A denied any involvement in the killings when the police went to take him from Chairman's house. As such, A didnot unconditionally submit himself to the authorities in order to acknowledge his participation in the kings or in order to save the authorties the trouble and expense for his arrest. (People v. Del Castillo, G.R. No. 169084, 2012) d. AGGRAVATING CIRCUMSTANCES a special aggravating ‘A: They arise under special conditions to increase the penalty for the offense to its maximum period but not increase the penalty to the next higher degree. Examples are quasirecidivism and complex crimes. It does not change the character of the offense charged and cannot be offset by an ordinary mitigating circumstance. (Palaganas v. People, G.R.No. 165483, 2006) Q: What is the effect of pardon on the appreciation of recidivism? ‘A pardon should not be an impediment to the consideration of recidivism as an aggravating circumstance for a pardon only produces the ‘extinction of the penalty, but not personal effects of the record of the conviction. (U.S. v. Sotelo, GR. No. L-9791, 1914) Q: How far apart must the two crimes be for recidivism to be considered? A: There is no limit. Recidivism must be taken into account a8 an aggravating circumstance no matter how many years have intervened between, the first and second felonies. (People v. Jaranilla, GR. No. L-28547, 1974) Q: When is evident premeditati aggravating? A: In the case of implied conspiracy, evident premeditation may not be appreciated in the absence of proof as to how and when the plan to kill the victim was hatched or what time elapsed before it-was carried out, so that it cannot be determined if the accused had “sufficient time between its inception and its fulfilment dispassionately to consider and accept the consequences. (People v. Manansala, G.R. No. 88752, 1992) in not Even if all the elements of evident premeditation ‘were present, it still cannot be appreciated if the actual victim is different from the intended one. (People v. Barros, G.R. Nos. 10107-08, 1995) Q: What differentiates cruelty from ignominy? A: [Ir ‘adds insult to the | ignominy refers to the injury, pertaining to| moral effects of a the physical suffering | crime, pertaining to of the victim. the "moral order, whether or not. the victim is dead or alive. (Reyes, Book T, p. 485) Q: Is dwelling aggravating in robbery? ‘A: It depends. It is aggravating in robbery committed through violence or intimidation of persons only (People v. Cabato, G.R. No. L- 37400, 1988); itis inherent in robbery through force upon things, even if committed inside an inhabited house. (U.S. v. Cas, 14 Phil 21) Page 11 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What is the difference between the aggravating circumstances of by a band and aid of armed men or persons who afford impunity? A Serr) En Peer) fs ‘Two or more armed: men. The armed men are accomplices who take part in minor capacity, directly or | indirect Four ‘armed | malefactors take part in its commission. They are principals by direct participation. (Reyes, Book f, p. 391) Q: A attacked X, 7 years old and Y, 14-month old baby. Is treachery present? A: Yes. When an adult illegally attacks a child, treachery exists even if the mode of attack is not proved by the prosecution because the child of tender years could not be expected to put up a defense. (People v. Malolot, G.R. No. 174063, 2008) : Is treachery aggravating in robbery with homicide, considering that the circumstance is applicable only in crimes against persons? ‘A: Yes, treachery is applied to the constituent crime of “homicide” and not to the constituent crime of “robbery.” (People v. Escote, G.R. No. 140756, 2003) Q: Is the aggravating circumstance of by a band applicable to crimes against persons? A: Yes. Despite what has been said in some cases io the effect that itis to be appiied only to crimes against property, itis equally applicable to crimes against persons, such as murder. (People vs. Alcaraz, et. al, G.R. No. L-9064-67, 1958) Q: A, B,C and D, all armed with pistols, forcibly abducted a woman. What aggravating circumstance, if any, do you find in this case? Explai A: The abuse of superior strength may be present in the commission of the crime of coercion or forcible abduction, if the strength availed of is clearly in excess of that required for the realization of the offense. (People vs. Femando, et.al, CA, 48 0.G. 1717) Q: When is “aid of armed men” absorbed in “by a band,” and when can it be taken separately ' as another aggravating circumstance? ‘A: When the offenders are more than three, all armed, and they actively cooperated in the commission ofthe crime, “The aid of armed men” is absorbed in “by the band.” (People vs. Piring 63 Phil 548) But when the offender secured the services of armed men to commit the crime, that offender ‘committed the crime with the aid of armed men, (People vs. llane, G.R. No. 45902, 1938) Q: A committed rape against B twice on occasion of robbery. A was charged of robbery with rape. The judge convicted A of robbery with rape and considered the second count of rape as an aggravating circumstance. A appealed the decision contending the appreciation of the aggravating circumstance. Who is correct? A A, because the law does not provide that ‘additional rape or homicide should be considered as aggravating circumstance. The enumeration of aggravating circumstances under the RPC is exclusive as opposed to mitigating circumstances which provide for analogous circumstances. (People v. Regala, G.R. No. 130508, 2000) Q: A went to B and encouraged the latter to Kill X in exchange for a reward. Later that night, B carried a gun and proceeded to the house of X. B, while on top of a tree, aimed at, and shot X through the window of X's house. X died. What crime/s, if any, did A and B commit? A: A committed homicide and B committed murder. While they are co-principals in the killing, of X, treachery will only serve to aggravate the liability of B because such circumstance consist in the material execution of the act, or in the means employed to accomplish the’ crime. As such, it shall only serve to aggravate the liability of B since A had no knowledge of it at the time of, the execution of the act. (Art. 62/4], RPC, U.S. v. Gamao, G.R. No. L-6942, 1912) Q: Against whom can the aggravating circumstance of price reward or promise appreciated? A: This circumstance aggravates not only the criminal liability of the receiver of the price, reward Page 12 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW or promise but also the criminal liability of the one giving the offer. As all the defendants contributed toward the attendance of this circumstance, it should affect each and all of them. (People v. Maharaja, G.R. No. 13312, 1918) Q: X was found guilty for Qualified Rape, considering: (1) the state of mental retardation of victim AAA was completely established on account of the testimony and psychiatric evaluation of a psychiatrist; and (2) X failed to dispute AAA’s mental retardation during trial. The psychiatrist revealed that AAA was suffering from a mild mental retardation with an 1Q equivalent to a S-year old child, Should the conviction be upheld? ‘A: [PERLAS-BERNABE] No. Knowledge of the offender of the mental disability of the victim during the commission of the crime of rape is a special qualifying circumstance. However, such must be sufficiently alleged in the indictment and proved during trial to be properly appreciated. Moreover, mere relationship by affinity between X and_AAA does not_suffciently_create_moral certainly that the former_knew of the latter's disablity. (People v. Rico Niebres y Reginaldo, G.R. No. 230975, 2017) Q: X suddenly pulled a knife from the right side of his back, held the victim's shirt with his left hand, and stabbed the victim with a knife using his right hand. X was able to stab the victim once before the latter managed to run away. X ran after the victim and thereafter hold the latter's shirt again, pulled him to the ground, and stabbed him repeatedly, resulting in the latter's death. Are the circumstances of treachery and evident premeditation attendant here to properly qualify the crime to murder? A: [PERLAS-BERNABE] Treachery is present in the commission of the crime. The essence of treachery is that the attack is deliberate and without waming, done in a swift and unexpected way, affording’ the hapless, unarmed, and unsuspecting viclim no chance to resist or escape. The attack of X was sudden, deliberate and unexpected. The victim was ‘completely unaware of any threat to his life as he was merely walking with X. However, evident premeditation cannot be appreciated because there is no evidence that X had previously planned the killing of the victim. (People v. Crisanto Giray, G.R. No. 231359, 2018) Q: X suddenly entered into the person’s house and began attacking the residents thereof, resulting to the death of one person ‘who is a minor. X then entered another house nearby, where his 15-year old nephew was sleeping, and delivered hacking blows towards ‘the latter, stopping only when the victim (who was pretending to be dead) was Ieaning on the wall, blood-stained. Was there treachery in this case? A: [PERLAS-BERNABE] (1) Yes. Treachery was attendant in the killing of the two minors, The essence of treachery is the sudden and unexpected attack on an unsuspecting victim without the slightest provocation on his part. This is even more true if the assailant is an adult and the victim is a minor. Minor children, who by reason of their tender years, cannot be expected to put up a defense. Thus, when an adult person illegally attacks a minor, treachery exists. (People v. Umawid, G.R. No, 208719, 2014) :: X went to a taho factory looking for a certain person but failed to locate the latter. Frustrated, X stuck a knife into a taho pail. A who saw this, confronted X, and invited X to a fistfight on the condition that he put the knife down. X complied and they engaged in a fistfight. In the middle of the fight, X reached for the knife and stabbed A. A ran away and attempted to escape. B attempted to help A a bamboo stick. Unfortunately, B slipped and fell face flat. X stabbed 8, resulting to the death of B. X was charged for the murder of B as attended by treachery, and the attempted homicide of A. Was the commission of the crime attended by treachery? ‘A: [PERLAS-BERNABE] No. To appreciate treachery, it must be shown that: (a) the means of execution employed gives the victim no opportunity to defend himself or retaliate; (b) the methods of execution were deliberately or consciously adopted. Applied in this case, there is no treachery. Before engaging X, B knew that A and X were ina fight. B was aware of the existence of danger, thereby negating the first element of giving the victim no opportunity to defend himself. Moreover, X lacked deliberation of kiling A, negating the second element. The act of kiling was immediate as X did not expect B to interfere. Absent these elements, treachery Page 13 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 cannot be appreciated. (People v. Casas, GR. No. 212565, 2015) Q: A came from a meeting and was on his way home. X, who had issues to be settled with A, confronted the latter. A tried to walk away from the confrontation, but X punched him in the face. X then took out his gun and shot A. X was charged with the murder of A as attended by treachery. X claimed he was acting in defense of his person, as A supposedly attempted to take a gun out first. Is treachery present? A; [PERLAS-BERNABE] Yes. 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 ensure its execution, without risk to himself arising from the defense Which the offended party might make. Here, treachery is present. X is shown to have deliberately adopted the means based from the fact that X had issues to be settled with A and X confronted A with a loaded gun. More so, X's act of punching and shooting A was sudden and unexpected, leaving A without recourse to defend himself. Thus, treachery is present. (People v. Matibag, G.R. No. 206381, March 25, 2015) @: X was having a drinking spree with his friends in a carinderia, Sometime thereafter, the victim crossed the street going to the carinderia, where he encountered X who suddenly poked him with an iron pipe, which turned out to be a homemade firearm or sumpak. While the victim was on his way to the hospital, he died as a result ofthe gunshot wound and traumatic head injuries. X was then charged with Murder with qualifying circumstance of Treachery, among others. However, X claims that he did it out of self- defense, claiming that it was the victim who approached and threatened to kill him. Was treachery correctly appreciated? A: [PERLAS-BERNABE] Yes, treachery is correctly appreciated. Treachery is present when the offender commits any of the crimes against persons, employing means, methods or forms in the execution, which tend directly and specially to insure its execution, without risk to the offender arising from the defense which the offended party might make. In this case, X suddenly fred 2 ‘sumpak against the victim, leaving him unable to CRIMINAL LAW defend himself or evade the attack. (People v. Emmi Inciong y Orense, G.R. No. 213383, 2015 ¢. ALTERNATIVE CIRCUMSTANCES @: What are the three circumstances? A 1). Relationship; 2), Intoxication; and 3) Degree of instruction and education of the offender. (Art 15, RPC) alternative @: When ai aggravating/mi A considered as ‘crimes agai property (Reyes, Book 1, p 489, Art 332, RPC by analogy) level. (Reyes, Book 1, In serious physical circumstance. (Art. physical injuries, relationship is mitigating. (Art. 265, | Note: Relationship is not considered if it is an element of the | | 266 RPC) | mH (1) the intonation is nothabivaor 2) | ie hatituelor2) ts intorcaton "is nat | mterttnal subsequent to the | (subsequent tothe | Page 14 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW a] plan to commit a felony). (People v. Camano, G.R. No. L- 3662-63, 1962) Note: There isa presumption that intoxication is accidental, re teers offender plan to commit felony. to High degree of instruction and | ‘education is aggravating when the offender avails himself of his learning in committing the crime. (Reyes, Book | 1, p. 503 degree of instruction and ‘education or lack of it is generally mitigating. (People v. Baltazar, G.R. No. L- 30557, 1980) {, ABSOLUTORY CAUSE What are absolutory causes? A: Absolutory Causes ~ those where the act committed is a crime but for reasons of public policy and sentiment, there is no. penalty imposed, These are: 1) Spontaneous desistance during attempted stage (Art.6) and no other crime is committed; 2) Light felony is only attempted or frustrated and is not against person or property (Anz); 3) Accessory is not liable in light felonies (An. 16) 4) Accessory is relative of the principal (Art.20) unless crime became a means to gain (Art. 19, par. 1) 5) Legal grounds for arbitrary detention (Art 124): 6) Slight oF less serious physical injuries inflicted by person who surprised his spouse of daughter in the act of sexual intercourse with another person (Art. 247); 7) Legal grounds for trespass (Art 260) 8) Mischief is committed against a relative (At. 332); 9) Marriage of the offender with offended parly when the crime commited is rape (Art. 266-C), abduction, seduction, or acts of lasciviousness (Art. 344); and 410) Instigation. (Reyes, Book 7, p. 254) 3. PERSONS LIABLE AND DEGREE OF PARTICIPATION a. PRINCIPALS, ACCOMPLICES AND ACCESSORIES Q: Differentiate a conspirator from an Caicos ree Both know and agree with the criminal design Know the criminal | Came to know about it intention because | after the principals they themselves | have reached the have decided upon | decision, and only then it; do they agree to cooperate in its execution; | Decide that a crime | Merely concurin it; and should be committed; and [Authors of a crime, | Merely instruments who perform previous | or simultaneous acts not essential to the perpetration of the offense, (People v. De Vera, G.R. No. 128966, 1999) @: When is an accused considered an accomplice? re 41) The accused knows the criminal design of the principal and he concurs with the purpose; 2) The accused cooperates in the execution by previous or simultaneous acts, with intent to supply material or moral aid in the execution; and 3) There is a relation between the acts done by the principal and those attributed to the person charged as accomplice. (People v. Yao, G.R. No. 208170, 2014) Q: A and B were policemen. B ordered C, a private individual, to enter the police car, driven by A. While inside the car, B intimidated C to give all his belongings to him. A did not do anything but continued to drive the car and kept silent. Is A liable for the robbery with intimidation? A: Yes. His silence during the crime did not negate his criminal liability. As a police officer, it is his primary duly to avert by all means the Page 15 of 130 ATENEO CENTRAL BAR OPERATIONS 204 CRIMINAL LAW commission of an offense. He should not have kept his silence but should have protected C from B. His silence can be viewed as a form of moral support to B. (Fortuna v. People, GR. No, 135784, 2000) Q: For the third means of becoming an accessory (harbors, conceals or assists in escape of principal), what is the distinction between a public officer and a private person who assists in the escape or concealment of the principal? A [SUEIN(CLO aCe eS SON ‘Acts with abuse of | Principal committed ublicfunctions (crime | treason, paride, committed by principal | murder, an attempt is immaterial). (Art. | against life of 19, par. 3, RPC) President, or is known as_ habitually guilty ‘of another crime. (Art. 19, par. 3 RPC) _ @: When is an accessory exempt from criminal liability? ‘A: When the principal is his spouse, or ascendant, or descendant, or legitimate, natural or adopted brother, sister or relative by affinity within the same degree. (Art. 20, RPC) An accessory is likewise exempt when the felony involved is a light felony. There is no penalty two degrees lower than that prescribed for light felonies. (Reyes, Book 1, p. 583) Q: When is an accessory not exempt from liability despite such relation with the principal? ‘A; If such accessory profited by the effects of the crime, or assisted the offender to profit by the effects of the crime. (Art. 20, RPC) Q: Can a person be tried as an accomplice or accessory while the principals of the crime remain at large? Az Yes. As long as the commission of the offense can be established, the determination of the liability of the accomplice or accessory can proceed independently of the principal. (People v. Rafael, G.R. No. 123176, 2000) b. CONSPIRACY AND PROPOSAL, Q: Can conspiracy be implied? A: Yes. Conspiracy is implied when 2 or more persons aimed by their acts towards the accomplishment of the same unlawful object each doing a part so that their combined acts, though apparently independent of each other, were, in fact, connected and cooperative, indicating a closeness of personal association and a concurrence of sentiment. It may be deduced from the acts of the malefactors before, during and after the commission of the crime. (People v. Alawan, G.R. No. 149867, 2004) Q: What is the effect of failing to prove ‘conspiracy among the alleged conspirators? A: The acquittal of a conspirator does not necessarily absolve a co-conspirator from ‘criminal liability. if the prosecution fails to prove conspiracy, the alleged conspirators should be held individually responsible for their own respective acts (People v. Figueroa, G.R. No. 186141, 2012) @: Can there be conspiracy in violating a special law, such as BP 22? ‘A. Yes. BP. 22 does not expressly proscribe the suppletory application of the RPC. Thus, RPC may apply. (Ladonga v. People, G.R. No. 141066, 2005) Q: A dropped his brother B in a gym. Minutes after, B was forcibly abducted by three persons. A received a text message, instructing A to pay a sum of money for B's safety. A complied, but the abductors did not release B. Later, through the help of the police, B’s dead body was found. An employee of the gym testified that he participated in the plan to abduct B and that he was the one who tipped the abductors on the condition that he will get.a share of the money. Was the commission of the crime attended by conspiracy? A: [PERLAS-BERNABE] Yes. To establish ‘conspiracy, direct proof is not essential as it can be presumed from and proven by the acts of the ‘accused pointing to a joint purpose, design, ‘concerted action, and community of interests. In this case, the gym employee testified that prior to abduction, he, together with the abductors, hatched a'plan to abduct B with the sole purpose of extorting money from B's brother. The gym employee and abductors committed the abduction with the joint purpose, design, concerted action, and community of interest to Page 16 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW obtain money from the vietim’s relative. Thus, the commission of the crime was attended by conspiracy. (People v. Dionaldo et al, G.R. No. 207949, July 23, 2014.) c. MULTIPLE OFFENDERS (DIFFERENCES, RULES, EFFECTS) Q: Distinguish Recidivists from Quasi- Recidivists, Habitual Delinquency and iteracion. © 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 Revised Penal Code (Art. 14, par. 9, RPC) * Quasi-recidivist — one who commits a felony after having been convicted by final judgment before beginning to serve such sentence or while serving the same shall be punished by the maximum period of the penalty prescribed by the law for the new felony (Art. 760, RPC) © Habitual Delinquent — one who, within a period of 10 years from the date of his release or last conviction of the crimes of serious or less serious physical injuries, robbery, theft, estafa or falsification, is found guilty of any of said crimes a third time or oftener. (Art. 62, RPC) d. OBSTRUCTION OF JUSTICE (P.D. NO. 1829) Q: Who can be held liable for obstruction of apprehension and prosecution of criminal offenders (PD 1829)? ‘A: Any person who knowingly or wilfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases. (Sec. 1, P.D. 1829) (C. PENALTIES 1, PENALTIES THAT MAY BE IMPOSED AND RETROACTIVE EFFECT OF PENAL LAWS General Rule: A felony shall be punishable only by the penalty prescribed by law at the time of its commission. Note: Art. 21 implements the constitutional prohibition against ex post facto laws. It reflects the maxim that there is no crime without a penalty and that there is no penalty without a law (nullum crimen sine poena; nulla poena sine lege). But as provided in Art. 22, ex post facto laws are allowed if favorable to the accused. General Rule: Penal laws are applied prospectively. Exception: When retrospective application will be favorable to the person guilty of a felony, provided that: 1) The offender is NOT a habitual criminal (delinquent) under Art. 62(5); and 2) The new or amendatory law does NOT provide against its retrospective application. Rationale for the exception in art. 22: Basis: Strict justice and not on political considerations. The sovereign, in enacting subsequent penal law more favorable to the accused, has recognized that the greater severity, Of the former law is unjust. ‘The sovereign would be inconsistent if it would siill enforce its right under the conditions of the former law, which has already been regarded by conscientious public opinion as. juridically burdensome. Note: No retroactive effect even when favorable to the accused ~ if the new law is expressly made inapplicable to pending actions or existing causes of action. (Tavera v. Valdez, 1 Phil 468, 1902) HABITUAL DELINQUENT person who within a petiod of 10 years from the date of his release or last conviction of the crimes of setious or less serious physical injuries, robbery, theft, estafa, or falsification, is found guilty of any said crimes a third time or oftener. Page 17 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 Notes: If retroactive effect of a new law is justified, it shall apply to the defendant even if he is: Presently on trial for the offense: Has already been sentenced but service of which has not begun; or Already serving sentence. The retroactive effect of criminal statutes does NOT apply to the culprits civil liability. Reason: The rights of offended persons or innocent third parties are not within the gift of arbitrary disposal of the State. ‘The provisions of Art, 22 are applicable even to special laws, which provide more favorable conditions to the accused. Criminal liability under the repealed law subsists: When the provisions of the former law are reenacted; The right to punish offenses committed under an old penal law_is not extinguished if the offenses are stil punishable in the repealing penal law; When the repeal is by implication; or when a penal law, which impliedly repealed an old law, is itself repealed, the repeal of the repealing law revives the prior penal law, Unless the language of the repealing statute provides otherwise. If the repeal is absolute criminal lability is obliterated; and When the repeal is absolute, the offense ceases to be criminal. (People v. Tamayo, GR. No. L-41423, 1938). When there is 2 saving clause. Notes: No retroactive effect of penal laws as regards jurisdiction of court Jurisdiction of the court to try a criminal action is to be determined by the law in force at the time of instituting the action, not at the time of the commission of the crime. © Jurisdiction of courts in criminal cases is determined by the allegations of the complaint or information, and not by the findings the court may make after trial. (People v. Romualdo, GR. No, L- 3686, 1952) CRIMINAL LAW According to L.B. Reyes, Art. 22 is NOT applicable to the provisions of the RPC. Its application to the RPC can only be invoked where some former or subsequent law is under consideration. BILL OF ATTAINDER - A legislative act ‘which inflicts punishment without a tral 2. CLASSIFICATION Q: How are penalties classified? A: They are classified into principal and accessory penalties Principal Penalties 4. Capital punishment: 2. ASflctive penalties © Reclusion perpetua; © Reclusion temporal: © Perpetual or absolute temporary disqualification; © Perpetual or temporary special disqualification; and © Prision mayor, 3. Correctional penalties: © Prision correccional: © Aresto mayor: © Suspension: and © Destierro: 4, Light penalties: © Arresto menor, and © Public censure; 5. Penalties common to the three preceding classes: Fine: and Bond to keep the peace. Accessory Penalties 1. Perpetual or disqualification; 2. Perpetual or disqualiication; 3. Suspension from public office, the right to vote and be voted for, the profession or calling; 4. Civil interdiction; 5. Indemnification; 6. Forfeiture or confiscation of instruments and proceeds of the offense; and 7. Payment of costs. (Art, 25, RPC) temporary absolute temporary special Page 18 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: When shall a fine be considered an afflictive penalty, a correctional, and a light penalty? ie ‘Afictive Ifit exceeds P6,000. Coreccional | Does not exceed 6,000 but is not less than P200 Tight ifitbe less than P200 | (Ait. 26, RPC) Note: This has been amended by R.A. 10951 (Aug. 2017) re corn Afflictive it exceeds P1.2M Coreccional Does not exceed P1.2M but is not less than P4OK Light Iitbe less than P40K (RA 10957, for easier reference) 3. DURATION AND EFFECT Q: What is the difference between life imprisonment and reclusion perpetua? aw Corer) Ithas no definite | It entails imprisonment for duration and at least 30 years and does not carry | carries with it accessory any accessory | penalties of perpetual penalty. absolute disqualification and civil interdiction. (People v. Dolar, G.R. No. 100805, 1994) 4, APPLICATION a. RPC PROVISIONS b. INDETERMINATE SENTENCE LAW (ACT NO. 4103 AS AMENDED) Q: When is the benefit of the Indeterminate Sentence Law not applicable? & 1) Persons convicted of offenses punishable with death penalty or life imprisonment, 2) Those convicted of treason, conspiracy or proposal to commit treason: 3) Those convicted of misprision of treason, rebellion, sedition or espionage 4) Those convicted of piracy: 5) Those who are habitual delinquents; 6) Those who shall have escaped from confinement or evaded sentence, 7) Those who violated the terms of conditional pardon granted to them by the Chief Executive; 8) Those whose maximum term of, imprisonment does not exceed one year; 9) Those who, upon the approval of the law (December 5, 1933), had been sentenced by final judgment; and 10) Those sentenced to the penalty of destierro or suspension. (Act. No. 4403, Sec. 2) c. THREE-FOLD RULE What is the three-fold rule? A: It provides that the convict shall not serve ‘more than three times the most severe of the penalties imposed on him, but in no case more than 40 years. Hence, there must at least be four sentences, which he is supposed to serve. The rule is applicable only to principal penalties and applies to all penalties imposed in all proceedings or on different dates. It is covered by the juridical accumulation system. (Art. 70, RPC) Q: What is successive service of sentence? ‘A: 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 order of their respective severity shall be followed. However, the maximum, duration of the convict’s sentence shall not be more than three times the length of the most severe penalty (three-fold rule) nor exceed 40 years. (Art. 70, RPC) ‘A was convicted of different crimes with the following penalties: arresto mayor, prision correccional and prision mayor, should the three-fold rule apply? ‘A; No, the three-fold rule applies only when convict has to serve at least four sentences. (Art. 70, RPC) Page 19 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 4d. SUBSIDIARY IMPRISONMENT Q: Distinguish preventive imprisonment from subsidiary imprisonment. A ‘+ Preventive Imprisonment ~ Accused is not allowed to enjoy provisional liberty while the case is undergoing trial when the offense charged is nonbailable, or even if bailable, accused cannot furnish the required bail. (Art 29, RPC) ‘+ Subsidiary Imprisonment — Imposed after final judgment when accused fails to pay the fine imposed upon the crime. (Art. 39, RPC) 5. GRADUATION OF PENALTIES Q: What are the rules for the graduation of penalties? Aw Penalty Bry Lower ‘A. Single and | That immediately indivisible following __the indivisible penalty D. Composed of | Period | several periods, | immediately | corresponding to | following the different divisible | minimum penalties prescribed and of the two next following, taken from the penalty | prescribed if | possible, | otherwise from the penalty immediately following ‘Consists in 3/3 periods down the Periods (of divisible | scale penatties) | 2 periods 2 periods down the L scale period Next period down the scale [reclusion perpetua reclusion temporal B. (1) Composed of | That immediately two indivisible | following the | penalties, lesser of the Or (2) 1 or more | penalties divisible penalties | prescribed in the imposed in full extent _| graduated scale 1. reclusion perpetua | reclusion temporal to death 2. reclusion temporal_| prision mayor 3. prision correccional | aresto mayor to prision mayor . Composed of one | Medium and or two indivisible | minimum periods penalties, and the | of the proper maximum period of | divisible penalty another divisible | and the maximum penalty period of that immediately following in the graduated scale ile, reclusion temporal| i.e. prision mayor maximum to death ‘maximum to reclusion temporal ‘minimum, to | ‘medium Lo Ont 67, RPG) Q: What penalty is 2 degrees higher than reclusion temporal? ‘A: Two degrees higher than rectusion temporal is death (Art. 25, RPC). But, Art. 74. prohibits imposition of ‘death penalty resulting from ‘raduation of penalty. Thus, the penalty shail be reclusion perpetua but with the accessory penalties of death under Art. 40. (People v. Caffales, G.R. No. 126319, 1998) Page 20 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are the rules when there are aggravating and/or mitigating circumstances present? &: oo hee ae cee AY ‘When ‘Apply it] Same as penalty is a | regardless _ of | imposable single any mitigating | penalty | indivisible | or aggravating | penalty | circumstance Penalty is | One Impose composed | aggravating | greater of 2 penalty indivisible [No aggravating | Impose lesser penalties | or mitigating | penalty ‘One mitigating | Impose lesser penalty ‘One mitigating | Offset one aggravating 2 or more | Impose lesser mitigating penalty (do not lower by | ___| one degree) | Privileged May lower by mitigating degree Penalty | No aggravating | Medium has three | or mitigating | period periods [ T mitigating | Minimum period T aggravating | Maximum _ period ‘Aggravating | Offset and mitigating present | 2 or more | Penalty next mitigating and | lower in the no aggravating | period applicable according to | no.nature of circumstance 2 or more | Maximum, aggravating | period (do not go higher) (Art. 62, RPC) 6, ACCESSORY PENALTIES Q: What are accessory penalties? ‘A: Those that are deemed included in the imposition of the principal penalties, namely: 1) Perpetual or temporary absolute disqualification; 2) Perpetual or disqualification; 3) Suspension from public office, the right to vote and be voted for, the profession or calling; 4) Civil interdiction; 5) Indemnification; and 6) Forfeiture or confiscation of instruments and proceeds of the offense. (Art. 25, RPC) temporary special 7. EXECUTION AND SERVICE Q: What are the penalties that may be served simultaneously? A The penalties that may be served simultaneously are imprisonmentidestierro AND: 1) Perpetual Absolute Disqualification; 2) Perpetual Special Disqualification; 3) Temporary Absolute Disqualification 4) Temporary Special Disqualification; 5) Suspension from public ofice, the right to vote and be voted for, and the right to follow a profession or calling; and 6) Fine; and any principal penalty with its accessory penalties. (Reyes, Book 1, p. 767) Q: Can probation be granted after perfecting an appeal? A: The GENERAL RULE is even if a person may be eligible for probation, the moment he perfects an appeal from the judgment of conviction, he cannot avail of probation anymore. EXCEPTIONS: 1) 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 sentence taking into account the best interest of the child. (Sec. 42, RA 9344) 2) 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 penally, the defendant shall be allowed to apply for probation based on the modified Page 21 of 130, ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW decision before such decision becomes final. (Colinares vs. People, G.R. No 182748, Dec. 13, 2011; and Sec. 4, PD 968 as amended) Q: Enumerate at least 5 instances or situations in criminal cases wherein the accused, either as an adult or as a minor, can apply for andior be granted a suspended sentence. A 1) Where the accused became insane before sentence could be promulgated (Art. 79, RPC); 2) Where the offender, upon conviction by the trial court, fled an application for probation Which has been granted (Baclayon v. Mutia, G.R. No. L-59298, 1984); 3) Where the crime was committed when the offender is under 18 years of age and he is. found guilty thereof in accordance with the Juvenile Justice and Welfare Act of 2006, but the trial court subjects him to appropriate disposition measures as prescribed by the ‘Supreme Court in the Rule on Juveniles in Conflict with the Law, 4) The death sentence shall be suspended upon a woman while she is pregnant or within 4 year after delivery (Art. 83, RPC); and 5) Section 66 of the Comprehensive Dangerous Drugs Act. Q: A was 2 months below 18 years of age when he committed the crime. He was charged with the crime 3 months later. He was 23 when he was finally convicted and sentenced. Instead of preparing to serve ajail term, he sought a suspension of the sentence ‘on the ground that he was a juvenile offender. Should he be entitled to a suspension of sentence? Reasons. A: No, A is not entitled to a suspension of the sentence because he was already 23 years old at the time of his conviction. The benefits of a suspended sentence can no longer apply to A. The suspension of sentence lasts only until the child in conflict with the law reaches the maximum age of twenty-one (21) years. (People v. Jacinto, G.R. No. 182239, 2011) Q: When A committed theft he was 14 years old. During his trial for the crime he was 19 years old. Is A criminally liable? If so, can he bbe given suspended sentence? Explain. ‘A: No, it appearing that at the time of the ‘commission of the crime A was under 15 years of age, A is therefore exempt from criminal liability. It is the age of the minor at the time of the ‘commission of the crime, not his age at the time of the trial, which determines whether or not he is exempt from criminal liability. Being exempt from criminal liability, A should be acquitted and the case against him dismissed. ‘The suspended sentence contemplated in Art 80, RPC, presupposes that the minor is not ‘exempt from criminal liability However, A can still be given a suspended sentence because Sec. 38 of the Juvenile Justice and Welfare Act provides that the child in conflict with the law is entitled to an automatic suspension of sentence even if he is already 18 years old or ‘more at the time of the pronouncement of his guilt (Sec. 38, JJWA) D. EXTINCTION OF CRIMINAL LIABILITY Q@: When is criminal liability totally extinguished? A: P?ADAMS 1) By Prescription of the crime; 2) By Prescription of the penalty: (Art. 89, RPC) 3) By Amnesty which completely extinguishes the penalty and aii its effects; 4) the Death of the convict (as to the personal Penalties; as to the pecuniary penalties, liability is extinguished only when the death of the offender occurs before final judgment) 5) By Absolute pardon; 6) By the Marriage of the offended woman (Ar. 344, RPC); and by 7) Service of the sentence. Q: What is the effect of offender's death to criminal and civil liabilities? * Before final judgment: His death extinguishes both his criminal and civil liabilities. (People v. Alison, No. L-20612, 1972) Page 22 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘+ While the case is on appeal: Death of the accused pending appeal of his. conviction extinguishes his criminal liability as well as the civil liability based solely thereon. (People v. Bayotas, GR No. 102007, 1994) + After final judgment: Criminal liability is totally extinguished, but pecuniary penalties are not extinguished. (Art. 89, RPC) Q: X was convicted of murder. Prior to the Court declaration of the finality of the Resolution affirming the conviction of X and issuance of an Entry of Judgment, X died. What is the effect of such death on the criminal action and civil action? A: [PERLAS-BERNABE] The criminal action, as ‘well as the civil action for the recovery of the civil liability ex delicto, is ipso facto extinguished. Article 89(1) of the RPC provides that the criminal liablity is totally extinguished by the death of the accused. X's civil liability based on sources other than the subject delict survives and the victim may file a separate civil action. (People v. Agapito dimaala y Arela, G.R. No. 225054, 2017) Q: One of the accused died pending appeal and before promulgation of the final judgment. Is the personal _ liability extinguished both as to criminal liability and civil liability? ‘A: [PERLAS-BERNABE] Yes, the personel liability both as criminal and civil liability are both extinguished since the death occurred before final judgment. The death of the accused pending appeal of his conviction extinguishes his criminal liability as well as his civil liability ex delicto. Accordingly, the criminal case against should be dismissed. (People v. Alvin Cenido y Picones and Remedios Contreras y Cruz, G.R. No. 210801, 2016) Q: What are the effects of death of an accused pending appeal on his liabilities? A: [PERLAS-BERNABE] The effects of the death of an accused pending appeal on his liabilities are as follows: 1) the death of the accused prior to final judgment terminates his criminal liability and only the civil liability directly arising from and based solely on the offense committed; 2) the claim for civil liability survives. notwithstanding the death of accused, if the same may also be predicated on a source of obligation other than delict (ie. laws, contracts, quasi-contracts, quasi-delicts); 3) where the civil liability survives, an action for recovery may be pursued but only by way of filing a separate civil action enforced either against the executorladministrator or the estate of the accused; and 4) the statute of limitations on the civil liability is deemed interrupted during the pendency of the criminal case, to avoid apprehension on a possible privation of right by prescription. (People v. Layag, G.R. No. 214875, 2016) Q: X and Y received jewelry and gold items from A under the obligation of selling the items. X and Y made partial payments but failed to pay the rest of the obligation, and they failed to return the jewelries. X and Y were charged with estafa. X claims that the partial payments to A novated the contract from agency to loan and converted his liability from criminal to civil. Is novation a mode of extinguishing criminal liability? A: No. Novation is not one of the grounds prescribed by the RPC for the extinguishment of Criminal liability. Art 89 (on total extinguishment) and Art 94 (on partial extinguishment) list down the various grounds for extinguishment of criminal liability. Not being included in the list, novation is limited in its effect only to the ci liability, hence, not an efficient defense in estafa The criminal liability for estafa already committed is not affected by the subsequent novation of the contract. Novation is relevant only to determine if the parties have altered the nature of the obligation prior to the commencement of the criminal prosecution in order to prevent the incipient criminal liability of the accused. (Degarios v. People, G.R. No. 162826, 2013) @: Mayor X served for two terms. On his second term he was charged with plunder for acts committed during his first term of office. Mayor X insists that due to his re-election, the offense has been condoned by the people and so he cannot be held criminally liable. Is Mayor X's contention correct? Mayor X has likewise been removed from office due to the acts committed during his first term. Mayor X alleges that under the doctrine of condonation, he cannot be removed from office based on acts committed during a previous term. Is Mayor X's contention correct? Page 23 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘A: No, condonation does not apply to a criminal case. (Insco v. Sanchez, et al, 1967) In any case, the doctrine ‘of condonation as a mode of extinguishment of administrative lability has been overtumed. (Carpio Morales vs. CA, G.R. Nos. 217126-27, 2015) @ When is cri extinguished? & 1) By conditional pardon; 2) By commutation of the sentence; and 3) For good conduct allowances which the culprit may eam while he is serving his sentence. (Art. 94, RPC) inal liability partially In what cases are criminal liability extinguished by marriage of the offended woman? ‘A: In Seduction, Abduction, Rape and Acts of lasciviousness (SARA). Such marriage benefits the co-principals, accomplices or accessories (Art. 344); except for rape since Art. 266-C does not have the same provision. (People v. De la Coma, G.R. No, 136899-904, 2002) : Under Presidential Proclamation No. 724, amending Presidential Proclamation No. 347, certain crimes are covered by the grant of amnesty. Name at least 5 of these crimes. A 41). Rebellion or insurrection; 2) Coup detat; 3) Conspiracy and proposal to commit rebellion, insurrection or coup deta, 4) Disloyalty of public officers or employees: 4 be 6) Sedition 7), Conspiracy to commit sedition; 8) Inciting to sedition; 9) legal assembly; 10) Illegal association; 411) Direct assault; 42) Indirect assault; 13) Resistance and disobedience to a person in authority or agents of such persons; 14) Tumults and other disturbances of public order; 15) Unlawful use of means of publication and unlawful utterances; 16) Alarms and scandals; 17) Iilegal possession of firearms, ammunitions, and explosives, committed in furtherance of, incident to, orn connection with the crimes of rebellion and insurrection; and 18) Violations of Articles of War ‘a. Desertion; b. Absence without leave; . Mutiny oF sedition; d. Failure to suppress mutiny or sedition; Various crimes; and Conduct unbecoming an officer and gentlemen, : Distinguish preset from prescription of the penalty. Forfeiture or loss of | Loss or forfeiture of | offender after the | execute the final lea nea | ge Q: When is constructive discovery sufficient for prescriptive period for crimes to commence to run? aw I is sufficient in the | Constructive rime of falsification of | discovery is not public document. | applicable to Thus, from | registration of registration of the | bigamous marriage in public document, the | the Office of the Civil | Period commences to | Registrar because it | run, This is favorable | is ordinarily entered fe the accused. | into in a place where (People v. Reyes, | the offender is not GR. No. 74226. | known tobe a 27,1989) married person. Thus, the period ‘commences to run on the date of actual _ discovery. (Sermonia v. CA, G.R. No. 109454, 1994) Page 24 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are the prescriptive periods of felonies? ‘A: According to Art. 90, crimes punished by the following penalties have a prescriptive period of: re ccc ‘Affictive penalties 15 years, Correctional | 10 years penalties (except arresto mayor) Arresto mayor | S years Libel and similar T year crimes. Oral defamation 6 months Slander by deed 6 months Light offenses ‘2 months (Art 90, RPC) Q: What are the prescriptive periods for violations of special laws? A: Ifthe offense is punishable by Penalty eee Fine or imprisonment year for not more than 1 month, or both Imprisonment for 4 years more than 1 month, butless than 2 years Imprisonment for 2 B years years or more, but jess than 6 years ‘Any other offense 12 years punished by imprisonment for 6 /ears or more Treason 20 years if violation of 2 months municipal ordinances | (Act. No. 3326, Sec. I 1) Q: What is the basis for prescription in a compound penalty? ‘A: When the penalty fixed by law is a compound one, the highest penalty shall, according to the last paragraph of Art. 90, be the basis of the application of prescription (Art. 90, RPC). For example, the penalty for perjury is compound, arresto mayor minimum to prision correccional minimum, the higher penalty which is. prision correccional shall be the basis for prescription Thus, the crime of perjury prescribes in 10 years. (People v. Cruz, G.R. No. L-15132, 1960) Q: What are the rules on the computation of prescription of offenses? (FTA) A: According to Article 90: 1) Petiod of prescription shall be interrupted by the Filing of the complaint or information. 2) It commences to run again when such proceedings Terminate wio the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him, 3) The term of prescription shall not run when the offender is Absent from the country. @: When is prescription of penalty interrupted? (FACS) A: According to Art. 93 of the RPC: 41) fhe should go to some Foreign country with which this Government has no extradition treaty; 2) If he should commit Another crime before the expiration of the period of prescription 3) Ifhe is Captured; and 4) If the defendant should give himself up (Surrender) aylor was convicted of a violation of the Election Code and was sentenced to suffer imprisonment of 1 year as minimum to 3 years. as maximum. The decision became final and executory. Taylor failed to appear when summoned for execution of judgment, prompting the judge to issue an order for his arrest. Taylor left for the US. 15 years later, Taylor returned to the Philippines and argues that the penalty imposed against him has already prescribed. Has the penalty prescribed? (2015 BAR) ‘A: No. The RPC provides that penalties of prescription commence to run from the date the felon evades the service of his sentence. Evasion of service of sentence can be committed only by those who have been convicted by final judgment by escaping during the term of his sentence. In this case, Taylor never served a single minute of his sentence. (Art. 93, RPC; and Del Castilo v. Torrecampo, G.R. No. 139033, 2002) Q: What is amnesty? A: It is an act of the sovereign power granting oblivion, or a general pardon for the past offense, and is rarely, if ever, exercised in favor of single individuals. It is usually exerted in behalf of certain classes of persons who are subject to trial Page 25 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW but have not yet been convicted. (Brown v. Walker, 161 U.S. 59) Q: What is the effect of amnesty? A: It completely extinguishes the penalty and all its effects. (Art. 89, par. 3, RPC) Q: What is absolute pardon? ‘A: Pardon is an act of grace, proceeding from the power entrusted with the execution of the laws, which exempts the individual from the punishment the law inflicts fora crime committed. (Monsato v. Factoran, G.R. No. 78239, 1989) Pardon is the total extinction of the criminal liability of the individual to whom it is granted without any condition. It restores to the individual his civil and political rights and remits the penalty imposed for the particular offense of which he was convicted, (Sec. 2 (g), Revised Rules and Regulations of Board of Pardons and Parole) Q: What is the effect of absolute pardon? ‘A: It does not ipso fact entitle the convict to reinstatement to the public office forfeited by reason of his conviction. It restores his eligibility for appointment to the office, but the pardoned convict must still reapply for a new appointment. (Monsato v. Factoran, G.R. No. 78239, 1989) : What is conditional pardon? ‘A: Itis the exemption of an individual, with certain limits or conditions, from the punishment which the law inflicts for the offense he had committed resulting in the partial extinction of his criminal liability. (Sec. 2, IRR Board of Pardons) contract between the sovereign power or the executive and the criminal that said criminal will be released upon compliance with the conditions. (In Re: Infante, G.R_ No. L-4164, 1952) Q: What are the constitutional limitations on pardon? B 1) No pardon may be granted in impeachment cases (Art. Vil, Sec. 19, PH Const): 2) May only be granted after conviction by final judgment (Sec. 19, Art. Vil); and 3) No pardon, amnesty, parole or suspension of sentence for violation of election laws, rules, and regulations. shall be granted by the resident without the favorable recommendation of the COMELEC. (Sec. 5, Art. IX-C) @: How is Allowance for Good Conduct computed (Art. 97, as amended by RA. 10592), What is the special time allowance for loyalty? A First TWO YEARS of | 20 DAYS for each imprisonment month of | good behavior During THIRD to | 23 days for each FIFTH YEAR | month of | good {inclusive of _ his | behavior imprisonment) During FOLLOWING | 25 days foreach YEARS until TENTH | month of | good YEAR (inclusive of his | behavior imprisonment) [During ELEVENTH |30 days foreach | and SUCCESSIVE | month of good | YEARS (inclusive of | behavior | his imprisonment SrCnmnree ene rae Under Art. 158 after] 1/5 the period of having evaded | sentence service of sentence, | prisoner gives himself | | up to the authorities | within 48 hours after | | proclamation | | announcing the | | passing of _— the | calamity | Prisoner chose say | TE ol pened of in place | sentence | contrerment | natwinstanding | existence of calamity Note: At any time during the period of imprisonment, he shall be allowed another deduction of fifteen days, in addition to the abovementioned, for each month of study, teaching or mentoring service time rendered (as amended by RA 10592), Page 26 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW D. CIVIL LIABILITY IN CRIMINAL CASES Q: Distinguish between pecuniary penalty from pecuniary liability. aw SMa [Refers to fine| Refers to the civil (money) liability (Art. 100, RPC). Includes Includes: 1. Fine 1.Restition | 2. Cost of 2.Reparation of the proceedings damage caused 3. Indemnification of the consequential damages [Failure to pay| Failure to pay pecuniary — penalty | pecuniary liability will subjects the accused | NOT subject the. to subsidiary | accused to subsidiary imprisonment if | imprisonment (No provided in the | imprisonment for non- sentence. (Art. 39, | payment of debt.) RPC) Q: Who are liable for the criminal acts of a child? rd fea MINOR | Civil Liability | Primanly Liable sriminal Act | None OF ivi Liability | Subsidiary LecaL | ExDelto | lable AGE | Criminal Act None The parents are primarily liable for the civil liability arising from the criminal offenses committed by their minor children under their legal authority or control or who live in their company UNLESS it is proven that they acted with diligence of a good father to a family. (Libi v. IAC, G.R. No. 70890, 1992) When a minor child was subject of an adoption proceeding but he was still in the custody of the natural parents and under their parental authority when said child committed a crime, retroactive effect may not be given to the decree of adoption to impose a liability upon the adopting parents. (Tamargo v. CA, G.R. No. 85044, 1992) Q: What damages are granted in a case of homicide? ‘A: Moral damages and civil indemnity are always granted in homicide, it being assumed by the law that the loss of human lfe absolutely brings moral and spiritual losses as well as a definite loss. Moral damages and civil indemnity require neither pleading nor evidence simply because death through crime always occasions. moral sufferings on the part of the victim's heirs. As explained in People v. Panad, a violent death invariably and necessarily brings about emotional pain and anguish on the parr ofthe victim's family Itis inherently human to suffer sorrow, torment, pain and anger when a loved one becomes the victim of a violent or brutal killing. The civil indemnity and moral damages are fixed at 75,000.00 each. (Ladines v People, G.R. No. 167333, 2016) Il. REVISED PENAL CODE — BOOK II ‘AND LAWS OF NATIONS. Q: What are the elements of treason? A; FRAP LAW (3) 4) Offender is’a Filipino citizen or an alien residing in Philippines 2) There is a war in which the Philippines is involved 3) Offender either levies war against the government or adheres to the enemies by giving them aid or comfort (Art. 114, RPC) : The Abu Sayyaf declared war. There was actual assembly of men. If the commanders were arrested, can they be prosecuted for treason by levying war against the government? ‘A: NO. Levying war must be in collaboration with, a foreign enemy. The first means of committing treason still requires adherence to enemies. If there is only civil uprising without intention of delivering the country in whole or in part to the enemy, the crime is rebellion and not treason. (REYES, p. 6, 2012) Because peace negotiations on the Spratlys situation had failed, the People's Republic of China declared war against the Philippines. Y, a Filipina who lives with her Italian expatriate boyfriend, discovered e-mail correspondence between him and a certain Page 27 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW General of China. Later on, Y discovered that her boyfriend had sent an e-mail to the General, in which he agreed to provide vital information on the military defense of the Philippines to the Chinese government i exchange for P1M and his safe return to Italy. ‘Two weeks later, Y decided to report the matter to the proper authorities. Did Y commit a crime? Explain. (2010 BAR) AYES. Y committed Misprision of Treason, since she did not inform the governor of provincial fiscal (or mayor of her city as soon as possible of the activities of her Italian boyfriend. Misprision is committed by not informing immediately about any conspiracy to commit treason which is known, to her, during a time of war. (Art. 116, RPC) Q: What are the modes of committing espionage? 1) By entering, without authority, a warshipffort/military or naval establishments/reservation to obtain any information, plans, or other data of confidential nature relative to the defense of the Philippines; 2) By disclosing to the representative of a foreign nation the contents of the articles data or information referred to in the first mode which he had in his possession by reason of the public office he holds. (Art. 117, RPC) Q: What are the punishable acts in piracy? 1) Attacking or seizing a vessel on high seas or in PH waters; and 2) Seizing the whole or part of its cargo, ‘complement or passengers while vessel is on high seas or PH waters (Ail. 122, RPC). Q: While a ship was still 300 miles from the shores of Aparri, its engines malfunctioned. The repairs took 15 hours. The crew fell asleep due to exhaustion. While the ship was anchored, a motorboat manned by renegade Ybanags cut the ship's engine and took away crates of equipment. There was no violence and they hurriedly left. The robbery was discovered by the crew. What crime was committed? (2006 BAR) A; Piracy in the high seas was committed. The elements of piracy are as follows: VON ASSE 1) That a Vessel is on the high seas or in Philippine waters: 2) That the Offenders are Not members of its. complement or passengers of the vessel; and 3) That the offenders {a) attack or seize that vessel, or (b) seize the whole or part of said vessel, its equipment or personal belongings of its complement or passengers. (Art. 122, RPC). Q: What are the circumstances which qualify piracy? A: BF A&A 1) Seizure of vessel by boarding or firing upon the same; 2) Abandonment of victims without any means of saving themselves; and 3) When crime is accompanied by murder, homicide, physical injuries or rape (Art 123, RPC). B. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE @ What are the elements of arbitrary detention? A: PWD 1) Offender is a public officer or employee; 2) He detains a person; and 3) Detention is without legal grounds. (Article 124, RPC) @: Is the detention in an enclosure necessary? ‘A: No. There is arbitrary detention even if the victim is not kept in an enclosure. Psychological Restraint is another form of detention. (Aslorga v. People, G.R. No 154130, October 1, 2003) Q: When is detention without legal grounds? Aw 1) When person detained has not committed any crime or at least, there is no reasonable {ground for suspicion that he has committed (Le. valid warrantless arrest). (US v. Gellada, GR No. §151, 1910) 2) Heis not suffering from violent insanity or any other ailment requiring compulsory confinement in any hospital. (REYES, p. 44, 2012) Page 28 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are the 3 ways of committing arbitrary detention? Explain each. (2006 BAR) A: The 3 ways of arbitrary detention are: 1) Arbitrary detention by detaining @ person without legal ground committed by any public officer or employee who, without legal grounds, detains a person. (Art. 124, RPC) 2). Delay in the delivery of detained persons to the proper judicial authorities which is committed by a public officer or employee who shall detain any person for some legal ground and shall fail to deliver such person to the proper judicial authorities within the period of: 12 hours, for crimes or offense punishable by light penalties, or their equivalent; 18 hours for crimes or offenses punishable by correctional facilities, or their equivalent; and 36 hours for crimes or offenses punishable by affictive or capital penalties, or their equivalent. (Art. 125, RPC). 3) Delaying release is committed by any public. officer or employee who delays the release for the period of time specified therein the performance of any judicial or executive order for the release of the prisoner, or unduly delays the service of the notice of such order to said prisoner or the proceedings upon any petition forthe liberation of such person. (Art 126, RPC) Q: What is the difference between violation of domicile and trespass to dwelling? (BAR 2002) A Io Piet neared Violation of domicile Offender is a private person or a public officer acting. in private capacity Committed only by entering the dwelling of, another against the express or implied will of the latter. (Offender in violation of domicile isa public officer acting under color of authority Violation of domicile is committed in 3 different ways: (1) entering dwelling of another against the will of the latter, (2) searching papers and other effects in a dwelling without of the owner; or (3) refusing to leave the premises which he entered surreptitiously, after being required to leave the . CRIMES AGAINST PUBLIC ORDER What are the elements of rebellion or A: PUTA RAG D There must be a) public uprising and b)_ taking arms against the government; For the purpose either to: a) To remove trom the allegiance to government or laws: (i) tertitory of Philippines (in whole or in par); (i) body of land, or armyinavaliother forces; b) Deprive Chief Executive or Congress wholly or partially of powers or prerogatives. (Art. 134, RPC) Q: Is there a complex crime of rebellion with murder and other common crimes? A: None. Hermandez remains binding doctrine operating to prohibit the complexing of rebellion with any other offense committed on the occasion thereof, either as a means necessary to its commission or as. an unintended effect of an activity that constitutes rebellion. (Enrile_v. Salazar, G.R. No. 92163, 92164, June 5, 1990) istinguish rebellion from treason A orig RPC) Requires taking up of | Does not require arms taking up of arms Giving of comfort and | Giving of comfort and moral aid alone isnot | moral aid is | punishable punishable No foreign enemy | Foreign ‘enemy required Committed during | Committed only time of peace only ‘time c during time of war (REYES, p. 87, 2012) What are the elements of coup d'etat? A: OMPP 1) Offender: member of the military, police force, or any public officer or employee; 2) Means: swift attack accompanied by violence, intimidation, threat, strategy, or stealth; 3) Possible targets: duly constituted authorities of the Philippines, any military campfinstallation, communication networks, public utlities, or other facilities needed fo: Page 29 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW the exercise and continued possession of ower; and, 4) Purpose: to seize or diminish state power (Art. 134-A, RPC) Q: Distinguish Rebel (BAR 2004) n from Coup d'etat. rrr RPC) Caried out by a | May be committed by multitude of people. —_| many or only one ‘No qualifications as to | Principal offenders offenders are members of the military, Philippine National Police, or public officer, acting a principal offenders Purpose is 10 | Purpose isto overthrow the | destabilize the government | government or diminish state power_| [There is public | There is a swift attack Uprising and taking up | thru strategy, stealth, of arms | threat, violence or | | intimidation against | duly constituted | authorities of the | Republic of _ the | Philippines, military camp or installation, communication | networks, public | facilities or utilities needed for the | exercise and | continued possession [of governmental | powers Q: What are the different acts of inciting to sedition? (BAR 2007, 2011) A 4) Inciting others through speeches, writings, banners and other media of representation to ‘commit acts which constitute sedition 2) Uttering seditious words, speeches or Circulating scurrilous. libels against the Government of the Philippines or any of its duly constituted authorities, which tend to disturb or obstruct the performance of official functions, or which tend to incite others to cabal and meet for unlawful purposes; 3) Inciting through the same media of representation rebellious conspiracies or riots 4) Stirring people to go against tawful authorities, or disturb the peace and public order of the community or the Goverment; 5) Knowingly concealing any of the aforestated evil practices (Art. 142, RPC). Q: What are the 2 rules relative to seditious words? A 4) Clear and present danger rule (Primicias v. Fugoso, G.R. No, L-1800, 1948); and 2) Dangerous tendency rule (REYES, p. 113- 114, 2012) Q: Who are deemed to be persons in authority and agents of persons in authority? (BAR 2000) ‘A: Persons in authority are persons directly vested with jurisdiction, whether as an individual or as a member of some court or government corporation, board, or commission. Barrio captains and barangay chairmen are also deemed persons in authority. Agents of persons in authority are persons who by direct provision of law or by election or by appointment by competent authority, are charged with maintenance of public order, the protection and security of life and property, such as barrio councilman, barrio policeman, barangay leader and any person who comes to the aid of persons in authority (Art. 152, RPC); In applying the provisions of Articles 148 and 151 of the RPC, teachers, professors and persons charged with the supervision of public or duly recognized private schools, colleges and universities, and lawyers in the actual, Performance of their professional duties or on the occasion of such performance, shall be deemed Persons in authority. (P.D. No. 299, and Batas Pambansa Big. 873). Q: What are the ways to commit direct assault? & 1) By employing force or intimidation, without a public uprising, with the aim of attaining any of the purposes enumerated in defining the crimes of rebellion or sedition; and Page 30 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 2) By attacking, employing force or seriously intimidating or resisting any person in authority or any of his agents while engaged in the performance of official duties or on occasion of such performance. (Art. 148, RPC) Q: When is direct assault qualified? A: WPP (3) 1) When the assault is committed with a weapon; 2) When the offender is a public officer or ‘employee; or 3) When the offender lays hand upon a person in authority. (Art. 148, RPC) Q: Can indirect assault exist assault? ‘A: No. Indirect assault can only be committed “on. ‘occasion of the commission of any of the crimes. defined in the next preceding article.” Hence, indirect assault can exist only when the offense of Direct Assault was being committed. (Art. 149, RPC, REYES, p. 147, 2012) jout direct : When is there resistance and disobedience to a person in authority or the agents of such person? ‘A: When the offended party, who is a person in authority orhis agent, isin the actual performance of his official functions, and when the offender, who may be a private person or a public officer, resists or seriously disobeys him. The act of resistance or serious disobedience must not constitute direct assault or indirect assault. (Art 151, RPC) X gate-crashed the 71* birthday party of Judge B. Armed with dos por dos, X hit Judge B on the back, causing the latter's hospitalization for 30 days. Upon investigation, it appeared that X had a grudge against Judge B who, two years earlier, had cited X in contempt and ordered’ his imprisonment for three (3) days. Is X guilty of Direct Assault? Why or why not? (BAR 2009) A: No. Judge B was no longer a person in authority when X hit him having retired from being ‘judge. Direct assault is committed against a person in authority. While B may have been considered a person in authority because of his position as a judge, he ceased to be so when he Feached 71 years old — past the age of retirement of judges. (Art. 152, RPC) Q: A, a detention prisoner, was taken to a hospital for emergency medical treatment. His followers, all of whom were armed, went to the hospital to take him away or help him escape. The prison guards, seeing that they were outnumbered and’ that resistance would endanger the lives of other patients, decided to allow the prisoner to be taken by his followers. What crime, if any, was committed by A's followers? Why? (BAR 2002) A: They committed the ctime of Delivery of Prisoner from Jail (Art. 156, RPC). The felony is committed not only by removing from any jail or penal establishment any person confined therein but also by helping in the escape of such person. outside of said establishments by means of violence, intimidation, bribery, or any other means. This applies even if the prisoner is in a hospital or an asylum. (REYES, p. 166, 2012) D. CRIMES AGAINST PUBLIC INTEREST : The baptism of A was solemnized by B, an ecclesiastical minister, in the absence of C, ‘one of the godparents. Upon request of the mother of A, B caused the inclusion of the name of C in the baptismal certificate of A as one of the godparents and allowed a proxy for C during the baptismal ceremony. What is the criminal liability, if any, of the ecclesiastical minister? A; The ecclesiastical minister is not criminally liable because the insertion of the name of C in the baptismal certificate will not affect the civil status of A, which is a pre-requisite before he can be charged with falsification under Art. 171. (Art. 171, RPC) Q: What is the difference between falsification of public or official documents and that of private documents? A; The essential difference between falsification of private documents and that of public or official documents les inthe fact that while in the former, the prejudice to a third party is primarily taken in to account so thatif such damage isnot apparent or there is at least no intention cause i, the falsification is not punishable; inthe latter, that is, in the falsification of public or oficial documents, the principal thing punished is the violation of public faith and the perversion of truth which the document solemnly proclaims, and for this reason itis immaterial whether or not some prejudice has Page 31 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW been caused to third persons. (REYES, p. 240, 2012, People v. Pacana, G.R. No. L-22642, 1924) Q: X, a Chinese national, filed a petition under ‘oath for naturalization, with RTC Manila. In his petition, he stated that he is married and living with Y in Manila; that he is of good moral character; and that he has conducted himself in an irreproachable manner during his stay in the Philippines. However, at the time of the filing of the petition, Y was already living in Cebu, while X was living with Z in Manila, with whom he has an amorous relationship. After his direct testimony, X withdrew his petition for naturalization. What crime or crimes, if any, did X commit? Explain. (2005 BAR) ‘A: X committed perjury. His declaration under cath for naturalization that he is of good moral character and residing with Y are false. This information is material to his petition for naturalization. He committed perjury for this willful and deliberate assertion of falsehood, which is contained in a verified petition made for a legal purpose. (Choa v. People, GR. No. 142011, March 14, 2003) Q: When can a Filipino citizen residing in this country use an alias legally? Give 3 instances. (2006 BAR) A: a) As a pseudonym in cinema and other entertainment field; b) As a pen name in literary composition or work; and ©) As @ pseudonym in television and radio broadcasting (R.A. No. 6085, Secs. 1 & 2) Q: X leased his apartment to Y for P10,000 a month. Y failed to pay the rent for 3 months. Z, the son of X, prepared a demand letter falsely alleging that his father had authorized him to collect the unpaid rentals. Y paid the unpaid rentals to Z who kept the payment. What crime/s did Z commit? Can Z invoke his relationship with X to avoid criminal liability? (2008 BAR) A: Z committed either the crime of falsification of a private document (if damage or atleast intent to cause damage could be proved) or the crime of, swindling only. It could not be both falsification and swindling or a complex crime of estafa through falsification since the document falsified was a private document. The two crimes cannot go together. Hf Z would be made criminally tiable for falsification of a private document, he cannot invoke his relationship with X, his father, to avoid criminal liability because Art. 332 of the RPC provides exemption from criminal liability in crimes against property only, specifically for theft, swindling or malicious mischief. If he would be criminally liable for swindling, the exemption in Art. 332 will obtain. (Art. 332; Art. 172, par. 2; Art 315, par. 2fa], RPC) Q: X submitted a photocopy of a Deed of Sale to the PNP Crime Laboratory for examination of the signatures found thereon. The Document Examiner confirmed that the subject deed was falsified. However, under the Document Report submitted, it was said that no definite conclusion can be rendered due to the fact the questioned signatures are Photocopies wherein minute details are not clearly manifested. Y is then charged with the crime of Falsification of Public Documents under Article 172(1) of the RPC. Can Y be convicted of the crime? A; (PERLAS-BERNABE) NO. In every criminal case, the accused is entitled to acquittal unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean absolute certainty: only moral certainty is, required, or that degree of proof which produces conviction in an unprejudiced mind. The prosecution must establish the fact of falsification or forgery by clear, positive, and convincing evidence, as the same is never presumed. In this case, the genuineness and due execution of a photocopy could not be competently established without @ copy of the original. The declaration of the Document Examiner is unreliable and inconsistent. Thus, it cannot support a finding of ‘uit beyond reasonable doubt against Lamsen. (Lamsen v. People, G.R. No. 227069. November 22, 2017) Q: X, a VP of a company, instructed Y to withdraw money from her account via ATM. As the ATMs were offline, Y got the amount through the petty cash custodian of the company instead. The company's finance manager Z informed X of the situation and the petty cash report and X immediately rectified the situation. Z instructed the petty cash Page 32 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW custodian to reverse the report but informed the president of the company of the situation. Z then instructed the petty cash custodian to retrieve the report, print it on a scratch paper, and make it look old. X was administratively charged for using office funds for personal use on the basis of such report. X sued Z and the petty cash custodian for Falsification of Private Documents. The petty cash custodian argued that she was just following Z's instructions. 1s the petty cash custodian guilty of Falsification of Private Documents? A: (PERLAS-BERNABE) YES. The elements of Falsification of Private Documents under Article 172 (2) of the RPC are: (a) that the offender committed any of the acts of falsification, except those in Article 171 (7) of the same Code; (b) that the falsification was committed in any private document; and (c) that the falsification caused ‘damage to a third party or at least the falsification ‘was committed with intent to cause such damage. On the other hand the elements of Falsification under Article 171 (4) of the RPC are as follows: (a) the offender makes in a public document Untruthful statements in a narration of facts; (b) he has a legal obligation to disclose the truth of the facts narrated by him; and (c) the facts narrated by him are absolutely false. In the instant case, the MeTC, RTC, and CA all correctly found Manansala quilty beyond reasonable doubt of the aforesaid crime, considering that: (a) as UMC’s Petty Cash Custodian, she is legally obligated to disclose only truthful statements in the documents she prepares in connection with her work, such as the subject report; (6) she knew all along that Siy never made any cash advance nor utlized the proceeds thereof for her personal use; (c) despite such knowledge, she stil proceeded in revising the subject report by inserting therein a statement that Siy made such a cash advance; and (d) she caused great prejudice to Siy as the latter was terminated from her job on account of the falsified report that she prepared. (Manansala v. People, G.R. No. 215424. December 9, 2015) Q: X filed a case against Y and others, accusing them, as public officers, of the crimes of Falsification of Public Documents, False Certification, and Slander by Deed. X alleged that their statements in 2 separate blotter entries were false, and made to dishonoridiscredit him. The Office of the Provincial Prosecutor (OPP) dismissed both the complaint and the MR, and the Office of the Regional State Prosecutor (ORSP) did the same. X later filed a petition for review before the CA, who dismissed it holding the ORSP is not the final authority in the hierarchy of the National Prosecution Service. Whether or not there was probable cause for the crimes of Slander by deed and False Certification? A: (PERLAS-BERNABE) There is no probable cause for crimes of Slander by Deed and False Certification. As apily found by the ORSP, there was no improper motive on the part of respondents in making the blotter entries as they were made in good faith; in the performance of their official duties as barangay officials; and without any intention to malign, dishonor, or defame Cariaga. Moreover, the statements contained in the blotter entries were confirmed by disinterested parties who likewise witnessed the incidents recorded therein. On the other hand, Cariaga's insistence that the blotter entries were completely false essentially rests on mere self serving assertions that deserve no weight in law. Thus, respondents cannot be said to have committed the crime of Slander by Deed. Furthermore, suffice it to say that the mere act of authenticating photocopies of the blotter entries cannot be equated to committing the crime of False Certification under the law. (Cariaga v. Sapigao, G.R. No. 223844, June 28, 2017) E. CRIMES AGAINST PUBLIC MORALS Q: A succeeded in having sexual intercourse with B in consideration of 3000 pesos given by A. That was the first time she had sexual intercourse. Is B considered a prostitute? ‘A. No. One sexual intercourse with a man for money or profit does not make a woman a prostitute. A woman is a prostitute when she 41) habitually indulges in a. sexval intercourse or . lascivious conduct 2) for money or profit. (Art. 202, RPC) Page 33 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 £. CRIMES COMMITTED BY PUBLIC OFFICERS Q: Define malfeasance, misfeasance and nonfeasance. (2016 BAR) ie DIE | Performance of some act which ought not to be CT Improper | Omission of performance | some act | Of some act | which ought | which might | to be | Tawully "be | performed | done (REYES, p. 374-375, 2013). Q: What are the elements of direct bribery? A: PARE 1) The offender is public office 2). The offender accepts an offer or promise or receives a gift or present by himself or through another, 3) Such offer or promise be accepted and the gift or present be received by the public officer with a view of committing some crime, or consideration of the execution of an act which does not constitute a crime, but the act must be unjust, or to refrain from doing something which is his official duty to do; and 4) The act which the offender agrees to perform or which he executes is connected with the performance of his official duties. (Art. 210, RPC) : Distinguish direct bribery from indirect bribery 7s Agreement between | No such agreement | the public officer and | exists the giver of the gift — Offender agrees to| Not necessary that perform or performs | the officer should do an act, or refrains | any particular act or from doing something | even promise to do an | because of the gift or | act, as it is enough | promise that he accepts gits | offered to him by reason of his office (Art. 210, 211, RPC) CRIMINAL LAW Q: What are the elements of Qualified Bribery? ACERI 1) Offender is @ public officer entrusted with law enforcement; 2) He refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua andior death; and 3) He refrains from arresting or persecuting the offender in consideration of any promise, Gift, or present, (Art. 211-A, RPC) Q: May a judge, public prosecutor and police officer be charged and prosecuted for qualified bribery? Explain. (2010 BAR) ‘A: A judge cannot be prosecuted. A judge's duly is neither to arrest nor prosecute, but to hear cases involving accused persons. A public prosecutor may be charged with this crime, since itis his duty to prosecute such offenders. A police officer may be charged with the crime, since itis his duty to arrest offenders, as he is a person entrusted with law enforcement. (Art. 211-A, RPC) Q: A, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending before the court that she would convince the Presiding Judge to decide the case in plaintiff's favor. In consideration therefor, the plaintiff gave A, P20,000.00. A was charged with violation of Section 3 (b) of Republic Act. No, 3019. While the case was being tried, the ‘Ombudsman filed another _ information against A for Indirect Bribery under the Revised Penal Code. A demurred to the second information, claiming that she can no longer be charged under the Revised Penal Code-having-been charged for the same act under R.A. 3019. Is A correct? (2009 BAR) A: No, Ais not correct. Although the charges for violation of Sec. 3, RA 3019 and indirect bribery arose from the same act, the elements constituting the two are different. The crimes charged are separate and distinct from each other with different penalties. Hence, the second charge cannot be the subject of motion to dismiss ‘or motion to quash, as there is no double jeopardy against the accused. Moreover, Sec. 3, RA 3019 provides for punishable acts “In addition to acts ‘oF omissions of public officers already penalized by existing law.’ (Art. 211, RPC; Sec. 3[b], RA Page 34 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 3019, Mejia v. Pamaran, G.R. No. L-86741-42, 1986).) Q: What is the consequence if the public officer does not accept the gift? A: Only the person making the offer or promise will be held liable for attempted corruption of public officer. (Art. 212 in relation to Art. 6, RPC) @: What are the punishable acts in malversation of public funds or property? 1) By appropriating public funds or property; 2) By taking or misappropriating the same; 3) By consenting or through abandonment or negligence, permitting any other person to take such public funds or property; or 4) By being otherwise guilty’ of the misappropriation or malversation of such funds or property. (Art. 217, RPC) Q: May a private individual be charged with malversation? A: Yes, a private individual may be liable for malversation if 1) he is charged with public funds ‘of the government or 2) acts in conspiracy with a public officer. (People v. Sendaydiego, G.R. No. 1-33254 & G-R. No. L-33253, 1978) But see Azarcon v. Sandiganbayan [G.R. No. 116033, Feb. 26, 1997] where the Sandiganayan ruled it had no jurisdiction over a person who was given custody of distrained property. The Court Said, “tis evident that the petitioner did not cease to be a private individual when he agreed to act as a depositary of the gamished dump truck. When the information charged Azarcon and Ancla were charged before the Sandiganbayan for malversation of public funds, or property, the prosecution was in fact charging two private individuals without any public officer being similarly charged as a co-conspirator. Q: Petitioner X is a Local Treasurer Officer assigned to collect and remit the “Patubig” (local water system) collection. His supervisor, Ms. Y, received a call that the Patubig was collected but was not remitted. X denied having collected the Patubig. Upon investigation, cash money was found inside X's vault. X'then denied misappropriating, misapplying, and embezzling the patubig collection, and explained that he deliberately kept the collection in his vault upon learning that his wife had suffered a heart attack, and that he did not yet need to remit the amount to the OIC of the Cash Receipt Division because it was still to be re-counted. Is misappropriation, as one of the elements of malversation, present in this case? ‘A: (BERSAMIN) Yes. Conformably with Article 217 of the Revised Penal Code, the failure of the petitioner to have the Patubig collection duly forthcoming upon demand by the duly authorized, officer was prima facie evidence that he had put such missing fund to personal use. Although the showing was merely prima facie, and, therefore, rebuttable, he did not rebut it, considering that he not only did not account for the collection upon. demand but even steadfastly denied having received it up to the time of the inspection of the sealed vault. Under the circumstances, he was guilty of the misappropriation of the collection, (Mesina v. People, G.R. No. 162489, 2015) Q: What evidence is necessary for a conviction of malversation? ‘A: (BERSAMIN) Malversation is committed either intentionally or by negligence. All that is necessary for a conviction is sufficient proof that the accused accountable officer had received public funds or property, and did not have them in, his possession when demand therefor was made without any satisfactory explanation of his failure to have them upon demand. For this purpose, direct evidence of the personal misappropriation by the accused is unnecessary as long as he cannot satisfactorily explain the inability to produce or any shortage in his accounts. (Mesina v. People, G.R. No. 162489, 2015) Q: What are the requisites of technical malversation or illegal use of public funds or property? A: PP-AA (4) 1) That the offender is a public officer; 2) That there is public fund or property under his administration 3) That such public fund or property has been. appropriated by law or ordinance; and 4) That he applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance. (Art. 220, RPC) Page 35 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are the principal distinctions of malversation and estafa? A Ca Estafa. with ao) pony of Cee usvally | Fundsiproperty are always | rivate ‘Offender is usually a public | Ofender isa officer who is accountable | private individual forthe public | or even a public | | Fundsiproperty | public fundsiproperty officer who is not accountable for public funds/property Crime is committed by | Crime is appropriating, taking, or | committed by misappropriating/consentin | misappropriatin g or through abandonment | g, converting or or negligence, permitting | denying having any other person to take | received money, public funds/property goods or other Personal property Q: What is the difference between illegal use of public funds or property and malversation? A TST mec mea) rt, 220, RPC) Offender does not | Offender in certain derive any personal | cases profits from the ain oF profit roceeds of the crime Public fund _or| Public fund or property | property is applied to | is applied to the | another public use | personal use and benefit of the offender or of anather person typhoon destroyed the house of many of the inhabitants of X Municipality. The municipality operated a shelter assistance program but the beneficiaries stopped helping with the construction for the reason that they needed to earn income to provide food for their families. Mayor Maawain approved the withdrawal of ten boxes of food from X Municipality's feeding program, which were given to the families of the beneficiaries of the shelter assistance program. The appropriations for the funds pertaining to the shelter assistance program and those for the feeding program were separate items on X Municipality's annual budget. May Mayor Maawain invoke the defense of good faith and that he had no evil intent when he approved the transfer of the boxes of food? Explain. (2015 BAR) A: No. Criminal intent is not an element in technical malversation. The law punishes the act, of diverting public property earmarked by law or ordinance for a particular public purpose to another public purpose. Itis the commission of an. act as defined by the law, and not the character or effect thereof that determines whether or not, the provision has been violated. (Ysidoro v. People, G.R. No. 192330, 2012) Q: X filed in the Department of Agrarian Reform Adjudication Board (DARAB) a complaint for ejectment and collection of rents against tenants. The petitioner Y, as Provincial Adjudicator, dismissed "X's complaint for ejectment and collection of rents, and affirming the respective TCTs of the tenants, thereby ignoring and disregarding the earlier final and executory decision of the CA. Is Y guilty of usurpation of judicial functions under Art 241 of the RPC? A: (BERSAMIN) No. To be liable under Art 244 the accused, who is not a judge, attempts to perform an act for which the law has vested only in a judge. Y's task as Provincial Adjudicator in the DARAB Case relates only to quasi-judicial functions. Thus, he could not be held liable under Art 241 of the RPC, considering that the acts constitutive of usurpation of judicial function were lacking therein. (Reyes v. People, G.R. Nos. 177105-06, 2010} Q: Six separate Informations have been filed against X, a government employee entrusted with the collection of parking fees from various establishments and its remittance of such with receipt to the City Treasurer of Manila, for forging Official Receipts with intent to defraud and gravely abuse the trust and confidence granted to him. Is he guilty of the crime of Malversation of Public Funds through Falsification of Public Documents? A: The Court was able to prove all the elements of the crime charged, given that: (a) X, being Clerk i! and then Special Collecting Officer, was a public officer; (b) the funds involved are public. funds for which he was accountable as they were Page 36 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW due to and paid to the City of Manila; (c) he has custody and control over the said funds by reason, of his office, since he was officially designated to collect the monthly parking fees from various establishments; and (d) he has appropriated, taken, or misappropriated the said public funds when he failed to discharge his duty of remitting the same in full. (Dizon v. People, G.R. No. 227577. January 24, 2018) : What are the elements of Malversation? A Ariicle 217: Malversation of public funds or property — presumption of malversation, states that the elements are: 41) Offender is a public officer; 2) He had the custody or control of funds or property by reason of the duties of his office; 3). Those funds or property were public funds for wiich he was accountable; and 4) He appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them: Q: What are the elements of Falsification by a Public Officer? ‘A: Under Article 171: Falsification by public officer, employee or notary or ecclesiastical minister, the elements are’ 1) That the offender is a public officer, employee, or notary public; 2) That he takes advantage of his official position; 3) That he falsifies a document by committing any of the following acts: a. Counterfeiting or imitating any handwriting, signature or rubric; b. Causing it to appear that persons have Participated in any act or proceeding ‘when they did not in fact so participate; c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them; d. Making | untruthful statements in a narration of facts; e. Altering true dates; ‘Making any alteration or intercalation in a genuine document which changes its meaning g._ Issuing in authenticated form a document purporting to be a copy of an original document when no such original exists, or including such copy a statement contrary to, or different from that of the original; or bh. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official book; and 4) In case the offender is an ecclesiastical minister, the act of falsification is committed with respect to any record or document of such character that its falsification may affect the civil status of persons G. CRIMES AGAINST PERSONS : Is the killing of an eleven-year old boy murder? A: Yes. Itis murder qualified by treachery under ‘Art, 248, It is not so much as to put emphasis on the age of the victim rather it is more of a description of the young victim's state of helplessness. Minor children, by reason of their tender years, cannot be expected to put a defense. When an adult person illegally attacks a child, treachery exists. (People v Fallorina, GR No. 137347, 2004) If the main objective of the offender is to l_a particular person who may be in a building or edifice and when fire is resorted to as a means to accomplish such goal, what crime is committed? (2012 BAR) A: The crime committed is murder only. Murder qualified by means of fire absorbs the crime of arson since the latter is an inherent means to commit the former. (People v Baluntong GR No. 182061, 2010; People v. Cedenio Gr No. 93485, 1994) Is intent to kill presumed in cases where the victim dies because of a deliberate act of the malefactors? A: Yes. Intent to kil is conclusively presumed. In such case, even if there is no intent to kil, the crime is homicide because with respect to crimes of personal violence, the penal law books particularly to the material results following the Unlawful act and holds the aggressor responsible for all the consequences thereof. (Yapyuco v Sandiganbayan GR No, 120744-46 2012) Q: What are the instances embraced in “death or physical injuries inflicted under exceptional circumstances”? A Page 37 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 1) Any legally married person who having surprised his spouse in the act of committing sexual intercourse with another person, shall ill any or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury; and 2) a parent who having surprised his daughter Under eighteen (18) years of age and living with him, in the act of committing sexual intercourse with her seducer, shall kill any or both of them in the act of immediately thereafter, or shall inflict upon them any serious physical injury (Art. 247, RPC). He should not have promoted or facilitated the prostitution of his wife (or daughter) or that he or she has not consented to the infidelity of the other spouse. (People v Puedan, GR No, 139576, 2002) Q: When does Art. 247 operate as a mitigating circumstance? When does it operate as an absolutory cause? A Art. 247 does not define a crime but grants a mitigating circumstance for parricide, homicide and serious physical injuries committed under the exceptional situation. Ifonly less or slight physical injuries were inflicted, Art. 247 shall operate as an absolutory cause. (People v. Abarca, G.R. No. 74433, 1987). Q: Wkicked A’s stomach twice, after which, W picked up a rock to throw at A but was restrained from doing so. As A stood up, Q punched him on the stomach, causing him to collapse and cry in pain. Thereafter, A was, taken to the hospital. A was diagnosed to bt suffering from "blunt abdominal trauma with injury to the jejunum" and was set for operation. A suffered cardiac arrest during the operation, and while he was revived through cardiopulmonary resuscitation, he lapsed into a coma after the operation. Due to financial constraints, A was taken out of the hospital against the doctor's orders and eventually, died the next day. While A’s death certificate indicated that the cause of his death was “cardiopulmonary —_ arrest. antecedent to a perforated ileum and generalized peritonitis secondary to mauling,” an autopsy performed on his remains revealed that the cause of his death was "rupture of the aorta secondary to blunt traumatic injuries. The RTC found W and Q ty beyond reasonable doubt of the crime of Death Caused in a Tumultuous Affray. The CA modified W and Q's conviction to that of Homicide under Article 249 of the RPC with the mitigating circumstance of lack of intent to commit so grave a wrong. With the attending facts, are Q and C guilty of Homicide or Tumultuous Affray? A: (PERLAS-BERNABE) The SC agreed with the modification of the CA. The elements of Death Caused in a Tumultuous Affray are as follows: (a) that there be several persons; (b) that they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; (c) that these several persons quarrelled and assaulted one another in a confused and tumultuous manner; (d) that someone was killed in the course of the affray; (e) that it cannot be ascertained who actually Killed the deceased; and () that the person or persons \Who inflicted serious physical injuries or who used violence can be identified. Based on case law, a tumultuous affray takes place when a quarrel ‘occurs between several persons and they engage in a confused and tumultuous affray, in the course of which some person is killed or wounded and the author thereof cannot be ascertained In the instant case, there was no tumultuous affray between groups of persons in the course of which A died. On the contrary, the evidence clearly established that there were only two (2) persons, W and Q, who picked on one defenseless individual, A, and attacked him repeatedly, taking tums in inflicting punches and kicks on the poor victim. There was no confusion and tumultuous quarrel or affray, nor was there a reciprocal aggression in that fateful incident. Since W and Q were even identified as the ones. who assaulted, the latter's death cannot be said to have been caused in a tumultuous affray. ‘Therefore, W and Q’'s act of mauling A was the proximate cause of the latter's death; and as such, they must be held criminally liable therefore, specifically for the crime of Homicide. (Wacoy y Bitol v. People, G.R. No. 213792, June 22, 2018) Q: X, who was seated beside a vendor, suddenly shot Y at the back of his head as the latter was helping his daughter disembark from a motorcycle. X fled but was chased by Z, a security guard of the nearby school. X ‘was caught by the police the next day and was Page 38 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW subjected to a paraffin test, where X was positive for gun residue. X denied the allegations and said that he was sleeping in his house all morning and that a police officer offered him to test his gun, and after firing the gun, he was invited to the police station as suspect. RTC convicted X with murder, saying that X failed to present his wife or his brother to corroborate his testimony and to show that it was physically impossible for him to be at the place of the incident. In fact, the short distance of 100 meters between the crime scene and X's house, where he said he was, did not foreclose the possibility of his presence at the crime scene since it would only take around 20 minutes to get to the place. Is X correctly convicted for Murder? A: (PERLAS-BERNABE) YES. In order to convict a person charged with the crime of Murder, the prosecution must establish the following elements beyond reasonable doubt:(a) that a person was killed; (b) the accused Killed him or her, (c) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the RPC; and (d) the killing does not constitute Parricide or Infanticide, One of the circumstances which qualifies the kiling to Murder is the existence of treachery. There is treachery when the offender commits any of the crimes against persons, 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. In this case. the prosecution was able to prove that X's attack on Y was so sudden and executed in such a manner that Y was caught off-guard on what X intended to do. (People v. Parba y Solon, G.R. No. 214506 (Resolution). October 19, 2015) ‘An eyewitness testified that X fired four (4) gunshots towards Y, resulting to the latter's death. To ensure Y's demise, X approached Y and shot him again. Thereafter, accused: appellants fled the scene. The next day, Y's body was found near the duhat tree, prompting police officers to conduct an investigation from which were gathered the following evidence and information: (a) a plece of bamboo was recovered three (3) meters away from Y's corpse; (b) Y purportedly had a previous misunderstanding with X sometime in 1997, yet the same was settled before the barangay; and (c) Y allegedly had a drinking spree with his friends at the time of the incident. An autopsy was likewise conducted on Y's body, revealing that there were four (4) incised wounds on his left hand, a stab wound on his left chest, and five (5) gunshot wounds on his body; that based on the nature and sizes of his wounds, it was possible that the firearm used was of the same caliber; and that his injuries could not have been inflicted by a single person. RTC and CA convicted the accused with the ‘crime of Murder with the Use of an Unlicensed Firearm. Are the lower courts correct? A. (PERLAS-BERNABE) No. The accused should only be held liable for simple Murder, and not Murder with the Use of an Unlicensed Firearm. To successfully prosecute the crime of Murder, the following elements must be established: (1) that a person was killed; (2) the accused killed him or her; (3) the killing was attended by any of the qualifying circumstances mentioned in Article 248 of the Revised Penal Code; and (4) the killing is not parricide or infanticide. The prosecution, through the testimony of an eyewitness had established beyond reasonable doubt that: X chased, ganged up, and eventually, killed Y, and likewise, it was shown that they deliberately used weapons (i.e. gun and bamboo stick), which rendered Y defenseless from their fatal attacks. Kiling was attended with the qualifying circumstance of abuse of superior strength, which perforce warrants Y's conviction for Murder. It is undisputed that Y sustained five (5) gunshot wounds which led to his demise, itis unclear from the records: (a) whether or not the police officers were able to recover the firearm used as a murder Weapon; and (b) assuming arguendo that such firearm was recovered, whether or not such firearm was licensed. The Court notes that the disquisitions of the courts a quo were silent regarding this matter. Having falled in this respect, the Court cannot simply appreciate the use of an unlicensed firearm as an aggravating circumstance. (Manny Ramos, Roberto Salonga and Servilano Nacional v. People of the Philippines; G.R. No. 218466. January 23, 2017) @: One evening, several other people were sitting outside F's house when R arrived and looking for a certain N. When A replied that N wasn't there, R approached A and cocked a gun at him. At that point, accused-appellant S Page 39 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW arrived and, without any warning, shot G in the chest. G was able to run away, and as S was chasing him, F heard another gunshot. Moments later, S returned alone and left together with R. F tried to contact G and when the latter did not respond, F went to look for him. Eventually, G was found dead in a kangkong swamp. RTC found $ guilty and appreciated treachery as a qualifying circumstance. The CA affirmed the ruling and agreed with the findings of the RTC that the killing of G was attended with treachery. The accused-appellant S claimed that such were acts of self-defense. With the foregoing facts, was treachery present? A: (PERLAS-BERNABE ) YES. Among the qualifying circumstances found in Article 248 of the RPC is treachery. Under Article 14 of the same Code, 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. In People v. Tan, the Court held that the essence of treachery is the sudden and unexpected attack, without the slightest provocation on the part of the person attacked. In this case, the prosecution was able to prove that S attack on Gabriel was so swift and sudden, and without any waming. Eyewitnesses. testified that immediately upon his arrival and without any exchange of words, $ pulled out his ‘gun and shot G. As the RTC and CA aptly pointed ‘ut, although the attack was frontal, it was so sudden and unexpected which made it impossible for G to defend himself. The gunshot chest caused massive bleeding Which led to his death not long after. Thus, in view of the long-standing principle that factual findings of the trial court, especially when affirmed by the CA, deserve great weight and respect, the Court concludes that treachery was "correctly appreciated. (People v. Samuya, GR. No. 213214, April 20, 2015) Q: Z who slept at at B's residence heard 4 successive gunshots. Z looked through the ‘open door of B’s house and saw two (2) men. armed with .38 caliber revolvers standing a meter away from B. He saw P deliver the fourth shot to B, but he could not identify the other shooter. Thereafter, the two (2) assailants fled on a motorcycle. Z brought B to a Hospital. On the way to the hospital, 8 told Z that it was P who shot him. At around 11 o'clock in the morning of even date, B died due to gunshot wounds on his head and trunk. RTC convicted P of the crime of murder and opined that it was attended with treachery. The RTC, however did not appreciate evident premeditation. The CA affirmed the ruling of the RTC. Was the murder attended with treachery? A: (PERLAS-BERNABE ) There is treachery when the offender commits any of the crimes against a 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. There are two (2) conditions therefore that must be met for treachery to be appreciated: (a) the employment ‘of means of execution that gives the person attacked no opportunity to defend himself or to retaliate; and (b) the means of execution was deliberately or consciously adopted. The essence of treachery is that the altack comes without warning in a swif, deliberate, and unexpected manner, granting the victim no chance to resist or escape. The attack must be sudden and unexpected rendering the victim unable and unprepared to put up a defense. The Court agreed with the findings of the RTC and the CA that P killed B, and that the qualifying circumstance of treachery attended the same. ‘The records show that B was outside when two (2) assailants shot him. During the attack, B had ‘no opportunity to raise any meaningful defense against his assailants; and consequently, he suffered multiple gunshot wounds on his head ausing his death. (People v. Palanas, GR. No. 214453, June 17, 2015) Q: X was walking with Y towards the mall, when suddenly X stabbed Y repeatedly until the latter died. X tried to flee but was caught by the police and was charged with the crime of Murder. Z, a witness, testified against X. X denied the allegations by saying that he di not know Y and that he was assisting a car parked in the area where he was arrested. RTC. convicted him of Murder with qualifying circumstance of evident premeditation, which it inferred from the act of X in bringing with a knife and waiting for the perfect moment to consummate the plan to kill Y. CA sustained the findings along with the Page 40 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW qualifying circumstance of treachery, as Y was caught off-guard and had no way of defending himself, and thus, the mode of attack was deliberately and consciously adopted by X to insure the execution of the crime without risk to himself. Is CA correct to affirm the conviction of Murder? A: (PERLAS-BERNABE ) NO. To successfully prosecute the crime of Murder, the following elements must be established: (1) that a person ‘was killed; (2) that the accused killed him or her; () that the killing was attended by any of the Qualifying circumstances mentioned in Article 248, of the RPC; and (4) that the killing is not parricide or infanticide. In this case, and as correctly found by the courts a quo, the prosecution was able to establish a confluence of the foregoing elements, considering the following: (1) Y was killed; (2) X was positively identified as the one who killed him: (3) Y's killing was attended by treachery, a uaiifying circumstance; and (4) the killing’ is neither parricide nor infanticide. However, there is no evident premeditation as there has been nothing offered to establish when and how he planned and prepared for the same, nor was there a showing that sufficient time had lapsed between his determination and execution. (People v. Cirbeto y Giray, GR. No, 231358. February 7, 2018) Q: What is treachery? ‘A: (PERLAS-BERNABE) Treachery is the direct ‘employment of means, methods, or forms in the execution of the crime against persons which tends directly and specially to insure its ‘execution, without risk tothe offender arising from the defense which the offended party might make. The essence of treachery is that the attack is deliberate and without warning, done in a swift ‘and unexpected way, affording the hapless, Unarmed, and unsuspecting victim no chance to resist or escape. In order for treachery to be properly appreciated, two elements must be present: (1) at the time of the attack, the victim ‘was not in a position to defend himself; and (2) the accused consciously and deliberately adopted the particular means, methods, or forms of attack employed by him. (People v. Cirbeto y Giray, G.R. No. 231359, February 7, 2018) @: What are the elements of evident premeditation? A: (PERLAS-BERNABE) For _ evident premeditation to be considered as a qualifying or an aggravating circumstance, the prosecution must prove: (a) the time when the offender determined to commit the crime; (b) an act ‘manifestly indicating that the culprit has clung to his determination; and (c) 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 avercome the resolution of his will. (People v. Cirbeto y Giray, G.R. No. 231359. February 7, 2018) Q: At 3am, the witness saw: A killing V by hitting the latter with a rolling pin while he was asleep. As to, W, X, who were both women, and Y (baby), they were stabbed by A and B with the use of knives, while they were sleeping. As to Z, he was stabbed by B. What crimels is/are A guilty of? A; (PERLAS-BERNABE) 4 counts of Murder and 1 count of Homicide. The elements of Murder are a) a person was Killed; (b) the accused killed him or her, (c) the killing is not Parricide or Infanticide; and (4) the killing was accompanied with any of the qualifying circumstances mentioned in Art. 248 of the RPC. If the accused killed the victim without the attendance of any of the qualifying circumstances of Murder, or by that of Parricide or Infanticide, a conviction for the crime of Homicide will be sustained, It was established that the killings of V, W, X, Y, and Z were attended with treachery. The circumstances that they were sleeping, at the middle of the night, left the victims with no ‘opportunity to defend themselves or retaliate and thus, ensuring the execution of the criminal act. Although, A and B used deadly weapons against, defenseless women, abuse of superior strength cannot be considered as the qualifying Gircumstance since it does not appear that A and B specifically sought the use of weapons as to take advantage of their superior strength against the victims. Their criminal design to raid the house and use deadly weapons in killing whomever they encounter. was applied indiscriminately, regardless of whether their victims were male or female. Thus, since the killings were attended with treachery A, is liable for 4 counts of Murder. The killing of Z, was not qualified with any circumstance, thus it was appropriate that A should be guilty of 1 count of Homicide. (People v. Cortez, G.R. No. 239137. December 5, 2018.) Page 41 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW What cr committed in firing a gun? A Alarms ‘and | Tf the gun was fired in Scandals (Art. 155, | a public place and not | RPC) | aimed at anybody | Megal Discharge of | If the firearm was | Firearm (Art. 254, | directed at somebody | RPC) else, fired, without | intent to kill and not hit Frustrated illegal |if directed at, Discharge (Art. 254, | somebody without RPC) intent to Kill and bullet | jams | Impossible Crime | If accused fired the (Art. 4, RPC) gun without knowing that there were no __| bullets Grave Threats (Art| If gun was pointed to 282, RPC) victim and discharged, but the victim was not hit and the offender desisted | ‘Attempted Murder | if gun is directed at or Homicide (Art| somebody else with 248, 249, RPC). intent to kill but was not hit or the wound was not mortal — Frustrated Murder [If gun was aimed at or Homicide (Art | somebody with intent 248, 249, RPC) to il, fired and hit the target and the wound | was mortal = Q: Will the subsequent marriage of the offender and the offended party extinguish the criminal action or the penalty imposed in crimes of rape? Explain, (2002 BAR) A Yes. By express provision of law, subsequent valid marriage between the offender and offended party shall extinguish the criminal action or the penalty imposed, although rape has been reclassified from a crime against chastity, to that of a crime against persons. (Art. 266-C, RPC) Q; Y, a 5-year old minor, was found dead in a sack and after the autopsy conducted by the PNP, it was found out that the child was raped. After two witnesses made corroborated statements pointing to X as the perpetrator of the crime, the latter was charged with the crime of rape with homicide. Was the State able to discharge its burden to prove beyond reasonable doubt every fact. and circumstance charged? A: (BERSAMIN) Yes, When the crime is rape with homicide, there may usually be no. living witnesses ifthe rape victim is herselkiled. Yet. the Rules of Court allows circumstantial evidence to establish the commission of the crime as well as the identity of the culprit. Circumstantial evidence may be resorted to when to insist on direct testimony would utimately lead to setting a felon free. (People v.Vilaflores y Olano, G.R. No. 184926, 2012) constituting the crime @ What are the necessary elements of statutory rape? A: (BERSAMIN) The elements of statutory rape are that: a) the victim is a female under 12 years or is demented: and b) the offender has camal knowledge of the victim: Considering that the essence of statutory rape is camal knowledge of a female without her consent, neither the use of force, threat or intimidation on the female, nor the female's deprivation of reason or being otherwise unconscious, nor the employment on the female of fraudulent machinations or grave abuse of authority is necessary to commit statutory rape Full penile penetration of the female's genitalia is not likewise required, because carnal knowledge is simply the act of a man having sexual bodily connections with a woman. (People v. Teodoro, GR. No. 175876, 2013), Q: X was convicted of statutory rape by the RTC. While the qualifying circumstance of relationship was not proven, the victim's testimony showed that her age was only 11 years at the time of the rape. X failed to object to the said testimony regarding the victim's age. Should X be held guilty only of simple rape given that during the trial, the victim's th certificate was not submitted as evidence? A: Yes. The Pruna guidelines provides that in proving the victim's age, the complainant's testimony will suffice provided that itis expressly and clearly admitted by the accused and that the failure of the accused to object to the testimonial evidence regarding age shall nt be taken against him. Since the only evidence offered to prove the victim’s age was her own testimony, it was Page 42 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW necessary for X to clearly admit to the victim's alleged age for the testimony to be admitted. X's mere failure to object to the testimony regarding the victim’s age cannot be taken against him. (People v. Lupac, G.R. 182230, 2012). What is the rule on sweet heart defense as an affirmative defense in the crime of rape? ‘A: The "sweetheart defense" is a much abused defense that rashly derides the intelligence of the Court and sorely tests its patience. Being an affirmative defense, it must be established with convincing evidence by some documentary andlor other evidence like mementos, love letters, notes, pictures and the lke Likewise, the “sweetheart theory’ is effectively an admission of carnal knowledge of the victim and consequently places on him the burden of proving the supposed relationship by substantial evidence. To be worthy of judicial acceptance, such a defense should be supported by documentary, testimonial or other evidence. (People vs. Grande, G.R. No. 170476, 2009) Q: Ais a 29-year-old woman with a mental age of a six to seven-year-old. One evening, B, her neighbor, lured A to his house and succeeded to have carnal knowledge with her. Can B be found guilty of rape? A; (BERSAMIN) Yes. B can be found guilty of rape. Camal knowledge with a mental retardate is rape under paragraph 1 of Article 266-A of the RPC because a mental retardate is not capable of giving her consent to a sexual act. It is sufficient for the State to establish, one, the sexual congress between the accused and the victim, and, two, the mental retardation of the victim. The Court has consistently held that carnal knowledge of a female mental retardate with a mental age below 12 years of age, as rape of a woman deprived of reason. (People v. Butiong, GR. No. 168932, 2011) Q: Awas sleeping when she was awakened by someone who was touching her feet. She saw that it was B, who was poking her neck with a knife. She resisted but B threatened to hurt A. B dragged A outside the house and brought A to a nearby tree, where he injected an unknown substance into A’s stomach. A fell unconscious. Upon regaining consciousness, she found herself naked, and her vagina was aching and soaked with white and red substance. A alleges that B raped her but B interposes that there is no proof that it was him due to the fact that A was said to be unconscious and therefore could not be sure that she was in fact raped or that it was B who did such. Was B sufficiently proven guilty of raping A? ‘A; (BERSAMIN) Yes. The commission of the rape was competently established although A. had been unconscious during the commission of the act. Conviction for rape may be based on circumstantial evidence when the victim cannot, testify on the actual commission of the rape as she was rendered unconscious when the act was, committed, provided that more than one circumstance is duly proved and that the totality, or the unbroken chain of the circumstances, proven lead to no other logical conclusion than the appellant's guilt of the crime charged. (People v, Belgar, G.R. No. 182794, 2014) KKK executed a Complaint-Affidavit, alleging that her husband raped her at their residence and then boxed her shoulder days after the rape incident for refusing to have sex him. The accused posits that consent to copulation is presumed between cohabiting husband and wife unless the contrary is proved and that the standards for determining the presence of consent or lack thereof must be adjusted on the ground that sexual community is a mutual right and ol between husband and wife. Can rape exist within a marriage? A: Yes. R.A. No 8353 is one of the measures that eradicated the archaic notion that marital rape cannot exist because a husband has absolute proprietary rights over his wife's body and thus her consent to every act of sexual intimacy with him is always obligatory or at least, presumed. Rape, as a form of sexual violence, exists within marriage. A man who penetrates her wife without her consent or against her will commits sexual violence upon her. He cannot be permitted to violate this dignity by coercing her to engage in a sexual act without her full and free consent CEDAW and its accompanying Declaration, defines and penalizes the act as rape under R.A. No. 8353. (People v. Jumawan, G.R. No, 187495, 2014) Q: X was on her way home when Y arrived and. offered to take her home. However, Y took X Page 43 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW to a motel and allegedly raped her. Y then dropped her off at a public market where X proceeded to buy groceries before going home. Y was then charged with Rape. In hi defense, Y claimed that they were sweethearts and that the sexual act was consensual. Witnesses, including two of X's friends, supported the claim that the two were in arelationship. Can Y be convicted of Rape? A. (PERLAS-BERNABE) NO. To be convicted of Rape under Article 266-A of the RPC, the prosecution must prove the following elements beyond reasonable doubt: (a) offender had carnal knowledge of the victim; and (b) such act was accomplished through force, threat, or intimidation. In rape cases, the victim's sole testimony must still stand the test of credibility. In this case, Y's allegation of relationship with X was, overwhelmingly corroborated by his other witnesses. The finding of a then subsisting relationship between the parties _raises suspicions on the truthfulness of X's testimony, wherein she vehemently denied having a relationship with the accused. Furthermore, the conduct of X immediately following the alleged sexual assault is significant in establishing the truth or falsity of the charge of rape. The value of a witness's testimony should be compatible with human knowledge, observation, and common experience, such that whatever is repugnant to these standards becomes incredible and must lic outside judicial cognizance. Considering the totality of the evidence presented in this case, there is doubt whether Y employed force or intimidation upon X during their sexual encounter. Thus, Y should be acquitted for failure of proving ‘guilt’ beyond reasonable doubt. (People v. Rubillar Je. y Gaberon, G.R. No, 224631. August 23, 2017) Q: X pointed a gun at Y, a 15-year-old girl, and threatened to kill her and her parents. X then dragged Y to a bam and raped her. ¥ told the incident to Z but wished for the latter to remain silent, Z obliged. Y was unable to focus on her studies so she moved to the city to continue her studies. X was able to track her down and made Y his sex slave by forcing her to take shabu and then sexually abusing her. Eventually, Y got hooked on drugs and Portrayed herself as X's paramour and decided to live together. The _ illicit relationship was reported to the barangay by X's wife and Y's parents. Y eventually underwent rehabilitation and, along with her parents, filed Rape against X. RTC charged him with the crime of rape, which the CA affirmed saying that assuming arguendo that he indeed eventually had a relationship with Y, their first sexual encounter was without the latter's consent and was attended with force and intimidation as he pointed a gun at her while satisfying his lustful desires. Shall the conviction for the crime of Rape be upheld? A: (PERLAS-BERNABE) YES. For a charge of Rape by sexual intercourse under Article 266-A (1) of the RPC, as amended by RA 8353, to prosper, the prosecution must prove that: (a) the offender had carnal knowledge of a woman; and () he accomplished this act under the circumstances mentioned in the provision, ¢.g., through force, threat or intimidation.” The gravamen of Rape is sexual intercourse with a woman against her wil. In this case, the prosecution was able to prove beyond reasonable doubt the presence of all the elements of Rape by sexual intercourse under Article 266-A (1) of the RPC, as amended by RA 8353. Through Y's positive testimony, it was indeed established that on their first sexual encounter, X threatened Y, removed her lower garments, covered her mouth, and proceeded to have camal knowledge of her without her consent. The RTC, as affirmed by the CA, found Y's testimony to be credible, noting further that X failed to establish any ill motive on her part which could have compelled her to falsely accuse him of the aforesaid act. In this relation, case law states that the trial court isin the best position to assess and determine the credibility of the witnesses presented by both parties, and hence, due deference should be accorded to the same. (People v. Ejercito, G.R. No. 229861. July 2 2018) Q: What are the elements of Rape? A: (PERLAS-BERNABE) Article 266-A of the RPC states that Rape is committed 1) By a man who shall have camal knowledge of a woman under any of the following circumstances: a) Through force, threat, or intimidation; b) When the offended party is deprived of reason or otherwise unconscious; ©) By means of fraudulent machination or grave abuse of authority: and d) When the offended party is under twelve (12) years of age or is demented, even Page 44 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW though none of the circumstances mentioned above be present. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of ‘another person. (People v. Ejercito, G.R. No. 229861. July 2, 2018) Q. What should be the charge when both the elements of Rape under Article 266-A and Section 5(b) of RA 7610 are present? A; (PERLAS-BERNABE) Between Article 266-A of the RPC, as amended by RA 8353 and Section 5 (b) of RA 7610, the Court deems it apt to clarity that Y should be convicted under the Article 266- A. Verily, penal laws are crafted by legislature to punish certain acts, and when two (2) penal laws may both theoretically apply to the same case, then the law which is more special in nature, regardless of the time of enactment, should prevail. RA 8353 is not only the more recent statutory enactment but more importantly, the more comprehensive law on rape; therefore, the Court herein clarifies that in cases where a minor is raped through sexual intercourse, the provisions of RA 8353 amending the RPC ought to prevail over Section 5 (b) of RA 7610 although the latter also penalizes the act of sexual intercourse against a minor. (People v. Ejercito, G.R. No. 229861. July 2, 2018) Q: One evening, AAA, who was sleeping beside her brother BBB, suddenly woke up with X, her father, already on top of her, and the latter's penis’ already inside her vagina. Startled by the pain she feltin her vagina, AAA pushed X and scampered away from hi order to move closer to BBB. This left X with no choice but to leave the room. The incident was repeated twice. After the 3rd incident, ‘AAA finally had the courage to report the foregoing incidents to the police. AAA was then examined by a physician who found her to have sustained lacerations in her hymen which could have been caused by the penetration of a hard object, such as an erect penis. X interposed the defenses of denial and alibi. What is the criminal liability of X? A: (PERLAS-BERNABE) X is guilty beyond reasonable doubt of two (2) counts of Qualified Rape and one (1) count of Attempted Qualified Rape. The elements of Rape under Article 266-A (1) (a) are: (1) The offender had camal knowledge of a woman; and (2) aid camal knowledge was accomplished through force, threat or intimidation. The gravamen of Rape is sexual intercourse with a woman against her will Statutory Rape under Article 266-A (1) (d) is committed by having sexual intercourse with a woman below twelve (12) years of age regardless of her consent, or lack of it, to the sexual act. Proof of force, threat, or intimidation, or consent of the offended party is unnecessary as these are ‘not elements of statutory rape, considering that the absence of free consent is conclusively resumed when the victim is below the age of twelve (12). The law presumes that the offended party does not possess discernment and is incapable of giving intelligent consent to the sexual act. Thus, to sustain a conviction for statutory rape, the prosecution must establish the following: (1) the age of the complainant; (2) the identity of the accused; and (3) the’ sexual intercourse between the accused and the complainant. The foregoing acts of Rape shall be qualified pursuant to Article 266-8 (1) of the RPC if (1) the Victim is under eighteen (18) years of age; and (2) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law ‘spouse of the parent of the victim. In the case at bar, the Court agrees with the finding of the courts a quo that the prosecution was able to prove that X: (a) had camal knowledge of her without her consent on two (2) ‘separate occasions, the first occurring sometime. in 2006 and the second in February 2008; and (b) attempted to have camal knowledge of her on May 17, 2009, but was stopped by a reason other than his own desistance, i.e, BBB's intervention. Suffice it to say that X's flimsy defense of denial ‘and alibi cannot prevail over the positive and categorical testimony of AAA identifying him as the perpetrator of the crimes. (People of the Philippines v. Godofredo Comboy Y Cronico: GR. No, 218399. March 2, 2016) @: AAA, her mother and sister, and her sister's common-law spouse, X, lived at the same house. One afternoon, AAA was in the house of a neighbor, when suddenly, X, who was drunk at the time, pulled her into their Page 45 of 130 ATENEO CENTRAL BAR OPERATIONS 20 CRIMINAL LAW house while AAA's mother and sister were not around. Once inside, X ordered AAA to take off her clothes, covered her mouth, and then proceeded to have carnal knowledge of her. Later that day, AAA's mother noticed that ‘AAA was pale, bruised, limping, and her dress. soiled, making her ‘suspect that X had something to do with AAA's disheveled appearance. Such suspicion was later confirmed when AAA admitted to her sister that X raped her, prompting AAA's mother and sister to bring her to the hospital for medical examination. They also went to the police station to report the matter. During the trial, a psychiatric consultant testified that: (a) while AAA is already 20 years old, she has a mild to moderate mental retardation, with a mental age of 6-7 years old; (b) children of this mental age can recall and narrate events if coupled with subtle prodding; and (c) AAA has difficulty in answering questions and can only respond in phrases; (d) AAA had no overtures. or distortions in her perceptions or memory; and (e) AAA was not suffering from psychosis, which meant that she was in touch with reality and not hallucinating strangely. What is the criminal liability of X? A: (PERLAS-BERNABE) X is quilty beyond reasonable doubt of the crime of Rape as defined and penalized under Art. 266-A (1) of the RPC. Fora charge of Rape by sexual intercourse under Article 266-A (1) of the RPC to prosper, the prosecution must prove that: (1) the offender had camal knowledge of a woman; and (2) he accomplished this act through force, threat or intimidation, when the victim was deprived of reason or otherwise unconscious, by means of authority, or when the victim is under 12 years of age or is demented. The gravamen of Rape is sexual intercourse with a woman against her wil. The Court agrees with the findings of both the RTC and the CA that the prosecution established, ‘among others, that: (a) on May 1, 2006, AAA was in her neighbor's house when X pulled her into their own house; (b) once inside, X covered her mouth then had carnal knowledge of her; (c) AAA confessed to her sister that X took advantage of her; and (4) a medical examination confirmed that AAA was indeed raped. ion of grave abuse of ‘AAA's mental retardation cannot be taken into. account. It must be stressed that in all criminal prosecutions, the accused shall be informed of the nature and cause of the accusation against him to ensure that his due process rights are observed. Thus, every indictment must embody the essential elements of the crime charged with reasonable particularity as to the name of the accused, the time and place of commission of the offense, and the circumstances thereof. In this, case, suffice it to say that AAA's mental retardation, while proven during trial, cannot be considered in view of the fact that it was not specifically alleged in the Information charging X of Rape. (People of the Philippines v. Mario Galia Bagamano; G.R. No. 222658. August 17, 2016) Q: Respondent X is charged with the crime of Statutory Rape. It is alleged that, on two separate instances, he forced himself upon his 9-year-old niece. Should the conviction be upheld? A: (PERLAS-BERNABE) Yes. There is no plausible reason for X's niece to testify against her own relative. Additionally, itis noted that, for Statutory Rape, proof of threat or force are not necessary elements of the crime, considering that the absence of consent is presumed when the victim is below 12 years. Furthermore, the Court found that the acts must be upgraded to Qualified Statutory Rape, because Xis a relative by affinity within the third civil degree. (People v. De Guzman y Buhay, G.R. No. 234190, October 1, 2018) Q: Accused-appellants A and C intercepted AAA, threatened her with a bladed weapon, dragged her to a cottage at a nearby beach resort, and bound her hands and feet. Thereafter, they removed her clothes and placed her on the floor. A then mounted AAA and inserted his penis into her vagina. After A satisfied his lust, C took over and raped her. Thereafter, accused-appellants left AAA at the cottage. An hour later, C returned and dragged AAA to a store owned by a certain Lino Ostero (Ostero). There C undressed her again, mounted her, and inserted his penis into ‘her vagina. ‘Afterwards, AAA was returned to the cottage. The next day, AAA'S father found her crying at the cottage. The RTC found accused appellants guilty beyond reasonable doubt of the crime of rape which was affirmed by the CA. Accused-appellants, appealed. Whether or not the presence of either circumstance - “use of a deadly Page 46 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW weapon” or "by two or more persons” - qualifies the crime. A: (PERLAS-BERNABE) Given that the rape occurred during the effectivity of the old rape provision, it shall be controlling in the case. Under Art 335, “Rape is committed by having camal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; 2. When the woman is deprived of reason or otherwise unconscious; and 3. When the woman. is under twelve years of age or is demented. Either circumstance is qualifying’. When the two circumstances are present, there is no legal basis to consider the remaining circumstance as a generic aggravating circumstance for either is not considered as such under Article 14 of the Revised Penal Code enumerating what are aggravating circumstances. (People of the Philippines v. Arugta, G.R. No. 213216, April 20, 2015) Q: Whether or not force employed in the commission of the crime of rape must be irresistible? A: (PERLAS-BERNABE) In this case, records reveal that accused-appellants threatened AAA with a bladed instrument and tied her up before having camal knowledge of her without her consent. Jurisprudence holds that force or intimidation, as an element of Rape, need not be itresistible; as long as the assailant’s objective is accomplished, any question of whether the force employed was irresistible or not becomes irrelevant. Intimidation must be viewed from the lens of the victim's perception and judgment and itis enough that the victim fears that something will happen to her should she resist her assallant’s advances. In this regard, case law provides that the act of holding a bladed instrument, by itself, is strongly suggestive of force or, at least, intimidation, and threatening the victim with the same is sufficient to bring her into submission. (People of the Philippines v. Arugta, GR. No. 213216, April 20, 2015) @: C, by means of force, violence and intimidation, did then and’ there willfully, unlawfully ‘and feloniously have sexual intercourse with his common-lawewife’s daughter, [AAA], a minor who was then about 8 years and 5 months old and with whom accused has moral ascendancy as she considered him as her father and carries his surname although she is not his daughter but a daughter of another man having previous relationship with his common-law-wife, which sexual act was against the will and consent of said [AAA]. The first two (2) rape incidents ‘occurred prior to the passage of Republic Act No. (RA) 8353, otherwise known as the "Anti- Rape Law of 1997," hence, C was charged under the old rape provi , Article 335 of the Revised Penal Code (RPC). On the other hand, the third rape incident occurred in June 2000, or after the passage of RA 8353, hence, the accused was charged under the amended rape provision, i.e, Article 266-A of the RPC, as amended. The RTC convicted C of three (3) counts of statutory rape and noted the qualifying circumstance of relationship. The CA affirmed the RTC’s ruling. Were all the elements of statutory rape present? A: (PERLAS-BERNABE) Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of i, to the sexual act. Proof of force, inlimidation or consent is unnecessary as they are not elements of statutory rape, considering that the absence of free consent is conclusively presumed when the victim is below the age of 12. At that age, the law presumes that the victim does not possess discernment and is incapable of giving inteligent consent to the sexual act. Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden of proving: (a) the age of the complainant; (b) the identity of the accused; and (c) the sexual intercourse between the accused and the complainant. The elements of statutory rape were present. First, the presentation of AAA's Cerificate of Live Birth showing that she was born Con July 25, 1998 has proven that she was below 412 years of age when the three (3) rape incidents happened on December 26 and 27, 1996, and in June 2000, respectively. Second ,the prosecution proved that C indeed had camal knowledge of ‘AAA on three (3) separate occasions through the latter's positive, categorical, and spontaneous testimony, as corroborated by the medico-legal report. (People v. Cadano, G.R. No. 207819, March 12, 2014) : One evening, AAA joined her co-worker for a vacation in the province of Nueva Ecija as they were both laid off from work, and they stayed at the one-storey house of the latter's 62-year old mother, BBB. Thereat, AAA would sleep at the papag while BBB slept on a Page 47 of 130 ATENEO CENTRAL, BAR OPERATIONS 2019 CRIMINAL LAW mattress on the floor. At around 2:30 in the morning of January 5, 1996, AAA awoke to the ‘sound of BBB's pleas for mercy. Aided by the kerosene lamp placed on the floor, AAA saw BBB being mauled and stabbed to death by X and Y. Thereafter, X approached AAA and restrained her arms, while Y pulled AAA's pants and underwear down and started having carnal knowledge of her. After Y was done, he switched places with X and the latter took his tun ravishing AAA. As AAA was able to fight back by scratching X's back, X punched her on the left side of her face while Y hit her left jaw with a piece of wood. AAA then lost consciousness and woke up in a hospital, while BBB succumbed to her injuries. What is the criminal liability of X and Y? A, (PERLAS-BERNABE) X should be convicted of one (1) count of Qualified Rape and one (1) count of Homicide. This wil no longer affect Y as he had already withdrawn his appeal prior to the promulgation of this decision. To successfully prosecute the crime of homicide, the following elements must be proved beyond reasonable doubt: (1) that a person was killed; (2) that the accused killed that person without any justifying circumstance; (3) that the accused had the intention to kill, which is presumed; and (4) that the kiling was not attended by any of the ualifying circumstances of murder, or by that of parricide or infanticide. Moreover, the offender is said to have performed all the acts of execution if the wound inflicted on the victim is mortal and could cause the death of the victim without ‘medical intervention or attendance. On the other hand, under Art. 395 of the RPG, the elements of Rape are:(1) the offender had camal knowledge. of the_ victim: and_(2) said_camal, knowledge was accomplished through the use of force or intimidation; or the victim was deprived of reason or otherwise unconscious; or when the victim was under twelve (12) years of age or demented. The provision also states that ifthe act i's committed either with the use of a deadly weapon or by two (2) or more persons, the crime will be Qualified Rape, necessitating the imposition of a higher penalty The Court deems it proper to upgrade the conviction in said case from Simple Rape to Qualified Rape. Article 335 of the RPC states that if the rape is committed under certain circumstances, such as when it was committed by two (2) or more persons, the crime will be Qualified Rape, asin this instance. (People of the Philippines v. Alberto Alejandro Y Rigor And Joe! Angeles Y De Jesus; G.R. No. 225608 March 13, 2017.) : AAA was playing with C, her cousin and the daughter of her uncle, herein appellant, at the second floor of the latter's house. At the time, appellant, M, happened to also be at the second floor of the house. When C went to the ground floor to urinate, M approached AAA and began to remove his shorts. Thereafter, he laid AAA, raised her skirt and pulled down her underwear. Then, appellant inserted his penis into her vagina, causing AAA to feel pain and to shout for help from C. When appellant realized that his daughter C might be returning anytime, he let AAA go. AAA did not recount her ordeal to anyone until she complained to her mother, CCC, of the pain in her vagina. AAA then confessed that her uncle, appellant herein, inserted his penis into her vagina. While M's other niece, BBB, was with him in his house, he inserted his penis into her mouth and threatened her not to tell anyone what he had done. BBB did not report the incident immediately because she feared M. M was convicted for Simple Rape and for Rape by Sexual Assault. RTC gave full weight and credence to the testimonies of the private complainants, which it found to be straightforward, candid, and bearing the earmarks of truth and sincerity. It considered as inconsequential the finding of the doctor that there was “[no laceration nor discharge” ‘on AAA's hymen, explaining that the slightest penetration of the woman's private organ is considered as rape. Should the testimonies of AAA and BBB be given weight? A: (PERLAS-BERNABE) Testimonies of child- Victims are normally given full weight and crecit, since when a girl, particularly if she is a minor, says that she has been raped, she says in effect all that is necessary to show that rape has in fact been committed. When the offended party is of tender age and immature, courts are inclined to give credit to her account of what transpired, considering not only her relative vulnerability but also the shame to which she would be exposed if the matter to which she testified is not true. Youth and immaturity are generally badges of truth and sincerity. A young gir’s revelation that she had Page 48 of 130, ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW been raped, coupled with her voluntary submission to medical examination and willingness to undergo public trial where she could be compelled to give out the details of an assault on her dignity, cannot be so easily dismissed as mere concoction.” In proving the age of victims, there must be independent evidence proving the age of the victim, other than the testimonies of prosecution witnesses and the absence of denial by the accused." Documents such as her original or duly certified birth certificate, baptismal certificate or school records would suffice as competent evidence of her age. (Here, there was nothing on record to prove the minority of "AAA" other than her testimony, appellant's absence of denial, and their pre-trial stipulation. The prosecution also failed to establish that the documents referred to above were lost, destroyed, unavailable or otherwise totally absent.) (People v. Mendoza, GR. No. 205382, April 2, 2014) 4: X, the husband of Y's sister, raped Y (a 16- year-old girl) on two occasions. After ‘complaining to her mother about abdominal pains, Y was brought to the doctor who discovered that she was 5 to 6 months pregnant. The doctor also declared that she was suffering from a mild mental retardation with an intelligence quotient equivalent to a nine-year-old child. RTC ruled that X is guilty of Simple Rape as the qualifying circumstance of relationship by affinity was not alleged in the information. CA ruled that X should be convicted for Qualified Rape as (a) the state of mental retardation of Y was completely established on the account of the testimony and psychiatric evaluation of the doctor and (b) X failed to dispute the mental retardation of Y during trial. Should the qualifying circumstance be considered? A, (PERLAS-BERNABE) NO, X shall only be convicted for Simple Rape. The CA erred in appreciating the qualifying circumstance of X knowledge of Y's mental disability at the time of the commission of the crime, there being no sufficient and competent evidence to substantiate the same. Such qualifying circumstance, however, must be sufficiently alleged in the indictment and proved during trial to be properly, appreciated by the trial court. It must be proved with equal certainty and cleamess as the crime itself, otherwise, there can be no conviction of the crime in its qualified form. The fact that X did not dispute Y's mental retardation during trial is insufficient to qualify the crime of rape, since it does not necessarily create moral certainty that he knew of her disability at the time of its commission. Its settled that the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. ‘Additionally, mere relationship by affinity between X and Y does not sufficiently create moral certainty that the former knew of the latters disability. (People v. Niebres, G.R. No. 230975. December 4, 2017) Q: What are the elements of the crime of Qualified Rape? A; (PERLAS-BERNABE) Article 266-A (1) of the RPC states that, ape is committed by aman who shall have camal knowledge of a woman under any of the following circumstances: A Through force, threat, or intimidation; B. When the offended party is deprived of reason or is otherwise unconscious; . By means of fraudulent machination or grave abuse of authority; D. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present (People v. Niobres, G.R. No. 230975. December 4, 2017) Q: What are the requisites to be proven beyond reasonable doubt to convict one with the crime of Qualified Rape? ‘A. (PERLAS-BERNABE) For a successful prosecution of the crime of Rape by sexual intercourse under Article 266-A (1) of the RPC, it is necessary that the elements thereof are proven beyond reasonable doubt, to wit: (a) the offender had camal knowledge of a woman; and (b) he accomplished this act through force, threat or intimidation, when the victim was deprived of reason or otherwise unconscious, by means of fraudulent machination or grave abuse of authority, or when the victim is under 12 years of age or is demented. Moreover, case law states that sexual intercourse with a woman who is. a mental retardate, with a mental age below 12 ‘years old, constitutes statutory rape. In People v. Deniega, the Court clarified that if a mentally- retarded or intellectually-disabled person whose mental age is less than 12 years is raped, the Page 49 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW rape is considered committed under paragraph 1 (d) and not paragraph 1 (b), Article 266-A of the RPC. (People v. Niebres, G.R. No. 230975. December 4, 2017) : AAA (14 ylo) had just returned home from school and since B (AAA's father) did not want her to leave the house, she decided to Just take an afternoon nap. At that time, B asked AAA's siblings to leave the house and thereafter, approached AAA who was lying in bed, removed her shorts and underwear, and threatened to spank her if she told anybody about this incident. B then removed his shorts and underwear, mounted AAA, restrained her hands, and inserted his penis into her vagina. AAA resisted and even told B that she was having her menstruation, but 8 simply told her to keep quiet and that it was better as she will not get pregnant. While B was ravishing AAA, the latter's sister sought the help of their neighbor, who then peeped through a hole, interrupting B in his dastardly act. Thereafter, AAA's sister and their neighbor reported the incident to the barangay hall, which led to B's apprehension. The RTC found B to be guilty of Qualified Rape. The CA affirmed the ruling of the RTC. Should B’s conviction be upheld? A: (PERLAS-BERNABE) The elements of Qualified Rape under the foregoing provisions are as follows: (a) the victim is a female over 12 ‘years but under 18 years of age; (b) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the arent of the victim; and (c) the offender has carnal knowledge of the victim either through force, threat or intimidation; or when she is deprived of reason or is otherwise unconscious; or by means of fraudulent machinations or grave abuse of authority. A young gi would not concoct a sordid tale of a crime as serious as rape at the hands of her very own father, allow the examination of her private part, ‘and subject herself to the stigma and embarrassment of a public tral, if her motive was other than a fervent desire to seek justice. (People v. Balcueva GR. No, 214466 July 1, 2015) H. CRIMES AGAINST PERSONAL LIBERTY ‘AND SECURITY Q: Y worked as a housemaid and yaya of the ‘one-week old son of the spouses A and B. When Y learned that her 70 year-old mother was seriously ill, she asked B for a cash advance of P1K but B refused. One morning, Y gagged the mouth of B's son with stockings; placed the child in a box; sealed it with masking tape and placed the box in the attic. Later in the afternoon, she demanded PSK as ransom for the release of his son. B did not pay the ransom. Subsequently, Y disappeared. After a couple of days, B discovered the box in the attic with his child already dead. According to the autopsy report, the child died of asphyxiation barely three minutes after the box was. sealed. What crime or crimes did Y commit? Explain. (BAR 2005) ‘A: Murder was committed. There is no kidnapping. with murder but only murder where a 3-year old child was gagged and hidden in a box where the child died and accused asked for ransom. The demand did not convert the offense. into kidnapping with murder because the accused was aware that the victim would suffocate to death within minutes after. The demand is only a part of the diabolic scheme to conceal the body and demand money before discovery of the body. (People v. Lora, G.R. No. L-49430, 1982) @: A, a private individual, kidnapped B, a minor. On the second day, A released B before any criminal information was filed. At the trial of his case, A raised the defense that he did not incur any criminal liability since he released the child before the lapse of the 3- day period and before criminal proceedings for kidnapping were instituted. Will A's defense prosper? (2004 BAR) A: No, A's defense will not prosper. Voluntary release by the offender of the offended party in kidnapping is not absolutory. Restraint need not be permanent to be punished for kidnapping and serious illegal detention. (Art. 267, RPC, US v. Peralta, G.R. No, L-3273, 1907) Q: X, a private person, entered Y's house by pushing her when she answered the door and shouting at her to let him in or else he would hurt her. This was in order to get away from a gang who was chasing after him with bolos. What is X's criminal liability? A: He incurs no criminal lability. The provisione of Art. 280 on qualified trespass to dwelling shall not be applicable to any person who shall enter Page 50 of 130, ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW another's dwelling for the purpose of preventing some serious harm to himself. In this case, he entered Y's house in order to avoid some serious. harm on himself and so he incurs no criminal liability. (Art. 280, par. 3, RPC) Q: X was forcibly taken from her house by a group of men. For several days, X was kept in a house where she was guarded by several men. The kidnappers demanded ransom money from X's family. On the day of the pay- off, the kidnappers were able to take the bag containing the ransom but were subsequently arrested. Can they be convicted with Kidnapping for Ransom under Article 267 of the RPC? A: (PERLAS-BERNABE) YES, The elements of the crime are as follows: (a) the offender is a private individual; (b) he kidnaps or detains another, or in any manner deprives the latter of his liberty; (c) the act of detention or kidnapping must be illegal; and (d) in the commission of the offense any of the following circumstances is present: i) the kidnapping or detention lasts for more than three days; ii) it is committed by simulating public authority; ii) any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or iv) the person kidnapped or detained is ‘a minor, female, or a public officer. Notably, the duration of detention is immaterial ifthe victim is ‘a minor, or if the purpose of the kidnapping is to extort ransom. There must be a purposeful or knowing action by the accused to forcibly restrain the victim coupled with intent. In this case, the kidnappers illegally detained the X against her will for the purpose of extorting ransom from her family. Thus, they are guilty of Kidnapping for ransom. (People v. Lidasan, G.R. No. 227425. September 4, 2017) L.cRII sT PROPERTY @: X, armed with a long bladed weapon, entered Y's house. Y's wife shouted “magnanakaw!” and X stabbed Y's wife, and stole from Y's wallet. X was charged with robbery with homicide. X maintains that the Prosecution did not prove that violence or intimidation was employed in the course of the robbery. X argues that he could not be held liable for robbery by using force upon things considering that the culprit had neither broken any wall, roof, floor, door or window to gain entry in the house nor entered the house through an opening not intended for entrance. fatall, he could be liable only for the separate crimes of theft and homicide, not of the composite crime of robbery with homicide. Prosecution counters that the evidence showed that the X’s principal intent had been to rob the victim’s house, with the homicide being perpetrated as a mere incident of the robbery. Could X be held liable for robbery with homicide, instead of the separate crimes of theft and homicide? A: (BERSAMIN) Yes. The fact that X was armed with the long-bladed weapon, which was undoubtedly a deadly weapon, competently proved the presence of violence or intimidation against persons that qualified the offense as robbery instead of theft. For sure, too, the patent intent of the appellant was originally to commit robbery, with the homicide being committed only in the course or on the occasion of the perpetration of the robbery. As the records show, Y was awakened by someone shouting "Magnanakaw!" The shout was most probably made by the victim, whom X then stabbed in order to facilitate his escape. (People v. Esugon y Avila, GR. No, 195244, 2015). Q: How is Robbery with Rape committed? ‘A: The offender must have the intent to take the personal property of | another___under, circumstances that makes the taking one of robbery, and such intent must precede the rape. If the original plan was to commit rape, but the accused after committing the rape also committed robbery when the opportunity. presented itself, the robbery should be viewed as a separate and distinct crime. (People v. Moreno, GR No. 140033, Jan. 25, 2002) Q: A and his family were inside their car, stuck in traffic. B suddenly appeared at the side of the car, poking a gun at him, asking for his phone. B then shot him after getting the phone. Despite medical intervention, A died. Is the RTC and the CA correct in finding B guilty of Robbery with Homicide? A: (PERLAS-BERNABE) YES. The special complex crime of robbery with homicide takes place when a homicide is committed either by reason, or on the occasion, of the robbery. To sustain a conviction for robbery with homicide, it must be proven that there was: (1) the taking of personal property belonging to another; (2) with Page 51 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW intent to gain; (3) with the use of violence or intimidation against a person; and (4) on the occasion or by reason of the robbery, the crime of homicide, as used in its generic ‘sense, was committed. Furthermore, Homicide is said to have been committed by reason or on occasion of robbery if it was committed: (a) to facilitate the robbery or the escape of the culprit; (b) to preserve the possession by the culprit ofthe loot; (c) to prevent discovery of the commission of the robbery; or (d) to eliminate witnesses in the commission of the crime. Thus, the intent to rob must precede the taking of human life but the killing may occur before, during or after the robbery. Iwas established that B poked his gun at A, took the latter’s phone, and thereafter, shot’ him, resulting his death. (People v. Balute y Villanueva, G.R. No. 212932. January 21, 2015) : Respondents planned to rob the house of A. They used a knife to got through the fence, destroyed the knob of the kitchen door and gained entry, where they took valuable items of A. When A woke up, he was assaulted and stabbed by one of the respondents, which led to his death. Are the respondents guilty of the crime of Robbery with Homicide? A: (PERLAS-BERNABE) YES. The elements for the crime of robbery with homicide are: (a) the taking of personal property is committed with violence or intimidation against persons; (b) the property belongs to another; (c) the taking is animo lucrandi or with intent to gain; and (d) on the occasion or by reason of the robbery, homicide was committed. A conviction requires that the robbery is the main purpose and the kiling is merely incidental to the robbery. The intent to rob must precede the taking of human life, but the kiling may occur before, during or after the robbery. {It was established that the respondents were all ‘armed with knives when they broke into the house of A, took personal properties, and in the course thereof, stabbed A, resulting to his death. (People v. Palma y Varcas, G.R. No. 212151. February 18, 2015) Q: While A, B, C and D were robbing a bank, policemen arrived. A crossfire ensued between the bank robbers and the responding policemen, and X, one of the policemen, was killed. What crime or crimes, if any, had been ‘committed? Explain. (2009 BAR) ‘A: The crimes committed are Robbery with Homicide, a single indivisible offense, and Direct Assault with Multiple Attempted Homicide, a complex crime, Robbery with Homicide was committed because one of the responding policemen was killed by reason or on occasion of the robbery being committed. The complex crime. of Direct Assault with Multiple Attempted Homicide was committed in respect of the offender's firing guns at the responding policemen who are agents of person in authority performing their duty when fired at to frustrate such performance. (Art. 294(1), RPC, People v. Ladjaalam, G.R. Nos. 136149-51, 2000) @: Suppose in the course of the robbery, before the policemen arrived, B shot and killed A following a heated disagreement on who should carry the money bags, what would be the criminal liability of B, C and D? Explain. A: B would be liable for Robbery with Homicide since killing A is considered to be by reason of robbery. C and D would be liable for robbery only since they conspired upon committing robbery only — unless they were present with A and B and could have prevented the killing, in which case they shall also be liable for Robbery with homicide even if they did not actually kil B. (Art. 294(1), RPC) Q: On her way home, X saw an injured puppy. Since the puppy did not have a collar, she brought it home so she could have it as a pet. Her son in fact begged X to keep the puppy. The following day, X bought a collar for the puppy and brought it to a veterinarian for treatment. Did X incur criminal liability in bringing the puppy home as a pet? Did she incur civil liability? (2010 BAR) A: Yes, X incurred criminal liability for the crime of simple’ theft. Since Article 308 of the Revised Penal Code used the words personal property without qualification, it follows that all personal properties as understood in the context of the Civil Code, may be the subject of theft. The puppy is personal property which Is susceptible of taking and has pecuniary value. She took it with intent to own it, hence, with intent to gain. She also may incur civil ability f the owner of the puppy would incur loss due to non-restitution or return thereof to the owner. Finding any property of value, Page 52 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW legally regarded as lost property, would constitute thett ifthe finder failed to deliver the same to local, authorities or to its owner. Once she is found liable of theft criminally, she will also be civilly liable. (Laurel v. Abrogar, G.R. No. 155076, 2009, RPC) Q: Can international telephone calls be an object of theft? A: Yes. Any property which is not included in the enumeration of real properties under the Civil Code and capable of appropriation are considered personal properties and can be the subject of theft under the RPC. (Laure! v. Abrogar, G.R. No. 155076, 2009) @: What determines the consummation of theft? ‘A: It is consummated upon the voluntary and ‘malicious taking of the property, which is realized by the material occupation of the thing whereby the thief places it under his control and in such a situation that he could dispose of it once. There is no crime of frustrated theft. (Valenzuela v. People, GR No. 160188, 2007) Q: How is Qualified Theft committed? A: DAME 1) If theft is committed by a domestic servant; 2) If theft is committed with grave abuse of confidence; 3). Ifthe property stolen is a motor vehicle, mai matter, large cattle, coconuts taken from the premises of a plantation, or fish taken from a fishpond or fishery ; or 4) If property is taken on the occasion of fire, earthquake, typhoon, volcanic eruption, or and other calamity, vehicular accident, or civil disturbance. (Art. 310, RPC as amended by RA 120 and BP 71, 1980) Q: X lives with his long-time girlfriend Y in a condominium in Makati. He has been secretly saving money in an envelope under their bed to buy her an engagement ring. One day, while Y was cleaning their room, she found the envelope, took the money, and left X. As prosecutor, what crime, if’ any, would you charge Y? Explain. (2010 BAR) A: Y can be prosecuted for qualified theft. She took away personal property belonging to another, without consent. The fact that this property was money supports a theory that she had intent to gain. Furthermore, she committed this with grave abuse of confidence, as she was trusted by X and they shared a house together. However, Y can invoke Art. 332, which says that theft between spouses only gives rise to civil liability. As held in the case of People v. Constantino, common-law spouses are included inthe term spouses, as used in Art. 332. (Art. 310, 332, RPC) Q: Forest Ranger A was patrolling a Watershed when he noticed a big pile of cut, logs outside the gate. He then saw X & Y coming out of the gate with some more newly- cut logs. He apprehended X & Y charged them with the proper offense. What is that offense? (2004 BAR) A: The offense is qualified theft. Sec. 68 of PD 705 penalizes any person who directly or indirectly cuts, gathers, removes, or smuggles timber, or other forest products from any of the public forest. The watershed is protected under the said law. (Sec. 68, P.D. 705) Q: X was the President and Chairman of the Board of Trustees of Company A. X allowed his son Y to tap into the electricity and water supply of Company A. When X died, Z succeeded him as President and filed a criminal complaint against Y for qualified theft, attended by the qualifying circumstance of grave abuse of confidence. Y argues that he was explicitly allowed by X to use such electricity and water supply and no ‘opposition was aired by anyone. Can Y be convicted with qualified theft? A: (PERLAS-BERNABE) NO. The elements of lack of owner's consent and intent to gain are evidently absent in this case. First, Y was permitted by X to tap into the electricity and water supply. As such, Y had no criminal intent to appropriate the personal property as he acted on the faith of his father’s authority, on behalf of Company A. There is no theft where the taker honestly and in good faith believes the property is his own or that of another, and that he has a right to take possession of it for himself or for another’. His bona fide belief that he had authority from the real owner of the electricity and water supply will not make him culpable of the crime of qualified theft because he was acting with a color of authority or a semblance of right to do such act. Second, The Board of Trustees clothed X with such apparent authority to act on behalf of Company A. By giving X apparent authority, the Page 53 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Board of Trustees cannot now deny and repudiate the legal effect of X's consent to use the electricity and water supply. The element of lack of owner's consent is thus absent in this case. ‘Thus, the case should be dismissed. (People v. Delos Santos, G.R. No. 220685. November 29, 2017) @: While working as a housemaid, Respondent X took her employer's jewelry amounting to more than P1 million. X claimed that she was tricked into doing so via a phone call that her employer had gotten into an accident and needed to be delivered to a third party. After delivering the jewelry, she returned to her employer. Both the RTC and the CA convicted X of the crime of Qualified Theft. X claims that her low educational attainment must be a basis to presume that she was not fully aware of her actions. Furthermore, she maintains that her non- flight manifests her lack of intent to gain. Decide. ‘A: (PERLAS-BERNABE) No, her excuse that she was tricked cannot be given credence, especially in view of the fact that her employer had explicitly wamed her against scammers and to not entertain such calls. Jurisprudence provides that intent to gain can be established through the overt acts of the offender, and is resumed from the proven unlawful taking. Actual gain is irrelevant. (People v. Mantao y Laquila, GR. No, 234023, September 3, 2018) @ Company V ordered diesel fuel from ‘Company U, owned by L. C is a truck driver ‘employed by L and was dispatched to deliver such diesel fuel to Company V. Later that day, it was found that Company V never received their_order. The NBI_agents— found. the abandoned lorry truck emptied of the diesel fuel. Under the foregoing premises, L filed a complaint against C for Qualified Theft. is C guilty of the crime Qualified Theft? A; (PERLAS-BERNAB) YES. There is a confluence of all the following elements of Qualified Theft: a) taking of personal property; b) said property belongs to another; c) the said taking be done with intent to gain; d) it be done without the owner's consent; e) it be accomplished without the use of violence or intimidation against persons, nor of force upon things; and f) it be done under any of the circumstances enumerated in Art. 310 of the PRC, i.e. with grave abuse of confidence. It was sufficiently established that the diesel fuel loaded into the truck driven by C for delivery to Company V was taken by him, without the authority and consent of L, the owner of the diesel fuel, and that C abused the confidence reposed ‘upon him by L, as his employer. (Candelaria v. People, G.R. No. 209386. December 8, 2014) Q: What are the elements of estafa with unfaithfulness? A:DAD 1) Offender has an onerous obligation to deliver ‘something of value; 2) He alters its substance, quantity, or quality; and 3) Damage or prejudice capable of pecuniary ‘estimation is caused to the offended party or third person/s. (Art. 315(1)(a), RPC) Q: What are the elements of estafa with abuse of confidence? ‘A: OMPD 1) Money, goods, or other personal property is 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; 2) Offender misappropriates or converts such money or property, or denies receipt of the ‘same; 3) Such misappropriation, conversion, or denial is to the prejudice of another ; and 4) There is demand made by the offended Party to the offender. (Art. 315 (1)(b), RPC) Intent to defraud is not a necessary ingredient of ‘embezzlement under Art. 316(1)(b) of the RPC. It is the breach of confidence or infidelity in the conversion or diversion of trust funds that takes the place of the usual element of fraud or deceit. (Dayawon v. Judge Bautista, AM No, MTJ-00- 1309, 2000) Q: What are the elements of estafa by taking undue advantage of the signature in blank? A: BOWD 1). The paper with the offended party's signature is in blank; 2) The offended party det the offender ered the same to Page 54 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 3) The offender wrote a document above the offended party's signature without authority to do so; and 4) The document so written creates a liability of, or causes damage to the offended party or to third personis. (Art. 315 (1)(c), RPC) Q: What are the ways of committing Estafa by means of deceit? B: 1) Byusing fictitious name, or falsely pretending to possess power, influence, qualification, property, credit, " agency, business or imaginary transactions, or by means of other similar deceits; 2). By altering the quality, fineness, or weight of anything pertaining to his art or business; 3) By pretending to have bribed any Government employee; 4) By postdating a check, or issuing a check in payment of an obligation when the offender had no funds in the bank or the funds were insufficient to cover the amount of the check. Failure to deposit the necessary amount within 3 days from receipt of notice of dishonor from the bank andior payee or holder shall be prima facie evidence of the deceit; or 5) By obtaining any food, refreshment, or accommodation at a hotel, inn, restaurant, boarding house, lodging house, or apartment house and the like without paying therefor, with intent to defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by the Use of any false pretense, or by abandoning or surreptitiously removing any party of his baggage from a hotel, inn, restaurant, boarding house, lodging house, or apartment house after oblaining credit, food, refreshment, or accommodation therein without paying for his food, refreshment, or accommodation. (Art. 315(2), RPC) : Petitioner X alleged that he had a telephone conversation with Accused Y wherein Y agreed to issue a BPI check as payment for the goods Y bought, but the check was dishonored due to insufficiency of funds. On the contrary, Y claimed that he issued the check to Z, his brother-in-law, that he did not have a telephone conversation with X, and that it was Z who transacted with X proven by documents showing that Z received the goods from X. Is proof beyond reasonable doubt established to convict Y of the crime of estafa? A; (BERSAMIN) No. In order to constitute estafa, the act of postdating or issuing a check in payment of an obligation must be the efficient cause of the defraudation. This means that the offender must be able to obtain money or property from the offended party by reason of the issuance of the check, whether dated or postdated. The accused, to be guilty of estafa as charged, must have used the check in order to defraud the ‘complainant. What the law punishes is the fraud or deceit, not the mere issuance of the worthless. check. Moreover, the allegation of X that it was Y who transacted with him on the phone is not reliable for lack of authentication. (People v. Wagas, G.R. No. 157943, 2013) Q: What are the ways of committing Estafa by fraudulent means? & 41) By inducing another to sign any document; 2) By resorting to some fraudulent practice to insure success in a gambling game; or 3) By removing, concealing or destroying documents. (Art. 315(3), RPC) : Can there be estafa through negligence? ‘A No. There is no such crime as estafa through negligence. In estafa, the profit or gain must be obtained by the accused personally, through his own acts, and his mere negligence in allowing another to take advantage of or benefit from the entrusted chattel cannot constitute _estafa. (People v. Nepomuceno, CA, 46 OG 6135) What are other forms of swindling? 1) Any person who, pretending to be owner of any real property, shall convey, sell, ‘encumber or mortgage the same. 2) Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 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. 4) Any person who, to the prejudice of another, shall execute any fictitious contract, 5) Any person who shall accept any ‘compensation given him under the belief that it was in payment of services rendered or Page 56 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW labor performed by him, when in fact he did not actually perform such services or labor. 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 fulfilment of such obligation. (Art. 316, RPC) : X draws a check upon request of Y, the payee, who told X that he would merely show the check to his creditor to gain more time to pay his account. The check bounced upon presentation by the creditor. Under the circumstances, who can be prosecuted for estafa based on the dishonored check? (2011 BAR) A: can be prosecuted for estafa as the one who. negotiated the check contrary to the agreement which resulted to the prejudice of the offended party. The purpose of the issuance of the check was only to show the check to the creditors and not to be used as payment. (REYES, p. 797, 2012, Art. 315 (1)(b), RPC) Q: Is the principal liable for estafa for appropriation of the proceeds of the sale thru an agent without paying the agent's commission? How is this case distinguished from failure of a lessee to return leased chattel at the termination of the lease? A No, because there is no juridical transfer of possession from the agent to the principal who is entitled to receive the full proceeds with the duty to pay the agent for services rendered. The ‘obligation to pay does not arise from any duty to deliver or return the money to its supposed ‘owner, but rather from the duty of a principal to give just compensation to its agent for the services rendered by the latter. On the other hand, even in the absence of fiduciary relationship, the lessee is obliged to retum the chattel under lease to the lessor who originally had juridical possession which was transferred to the lessee by virtue of the lease. Breach of the duty to return constitutes Estafa. (Murao, et. al vs. People, G.R. No, 141485, 2005) Q: What can the accused raise as a defense when he is charged with estafa? A: (BERSAMIN) Estafa will not lie when the parties waive the negotiable character of a check, and instead treat the same as proof of, an obligation. For instance, when there is an agreement between the parties at the time of the issuance and postdating of the checks that the obligee shall not encash or present the same to the bank, the obligor cannot be prosecuted for estafa because the element of deceit is lacking When the payee was informed that the checks are not covered by adequate funds, bad faith or estafa shall not arise. (People v Villanueva, G.R. No. 163662, 2015). : X was neither licensed nor authorized to recruit workers for employment abroad. X then offered an employment opportunity abroad to Y. X asked Y to provide documents and pay placement fees to process the visa. However, Y never received the visa, and when he went to look for X, could no longer find the latter. Is X guilty of Estafa? A: (PERLAS-BERNABE) YES. Estafa by means of deceit is committed when these elements concur: (a) the accused used fictitious name or false pretense that he possesses power, influence, qualifications, property, credit, agency, business or imaginary transactions, or other similar deceits; (b) he used such deceitful means prior to or simultaneous with the commission of the fraud; (c) the offended party relied on such deceitful means to part with his money or property; and (d) the offended party suffered damage. In this case, X defrauded Y by representing that he can provide them with jobs abroad even though he had no license to recruit workers. He even collected irrelevant documents and placement fees. Furthermore, Y could no longer locate X to recover the amounts paid. Thus, X is guilty of Estafa. (People v. Racho y ‘Somera, G.R. No. 227505. October 2, 2017) Q: X received several pieces of jewelry for sale on consignment from Y under the obligation that X will remit the proceeds of the sale or if not sold, to return them to Y after seven (7) days from receipt of the same, However, X willfully and unlawfully misappropriated the benefits to her own personal use. When X failed to return the proceeds and the jewelry, Y demanded for the same. X failed to do so and further argued that Page 56 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW her liability only civil and not criminal. RTC found X guilty beyond reasonable doubt of the crime of estafa defined and penalized under Article 315 (1)(b) of RPC. Should X be convicted of Estafa? A: (PERLAS-BERNABE) YES, X is guilty of Estafa. The facts clearly show the existence of al the elements of the crime charged, considering that: (a) X received various pieces of jewelry from Y ona sale-on-consignment basis, as evidenced by the consignment document; (b) X was under the obligation to either remit the proceeds of the sale or retum the jewelry after the period of seven (7) days from receipt of the same; (c) X failed to perform her obligation, prompting Y to demand compliance therewith; ‘and (d) X failed to heed such demand, thereby causing prejudice to Y. (Rivac v. People, G.R. No. 224673. January 22, 2018) Q: What are the elements of Estafa? A: (PERLAS-BERNABE) The elements of Estafa under Article 315 (1) (b) of the RPC are as follows: 1) the offender's receipt of money, goods, or other personal property in trust or on commission, or for administration, or under any other obligation involving the duty to deliver or to return the same; 2) misappropriation or conversion by the offender of the money or property received, or denial of receipt of the money or property: 3) the misappropriation, conversion or denial is to the prejudice of another, and 4) demand by the offended party that the offender. (Rivac v. People, G.R. No. 224673. January 22, 2018) Q: X and ¥ entered into an agreement whereby X shall deliver pieces of jewelry to Y for the latter to sell on commission basis. After one month, Y is obliged to either: (a) remit the proceeds of the sold jewelry; or (b) return the unsold jewelry to the former. On different dates, X delivered various sets of jewelry to Y. Upon ‘the delivery of last batch of jewelry, Y issued a check as full security for the first two deliveries and as partial security for the last. When Y failed to remit the proceeds or to return the unsold jewelry on due date, X presented the check to the bank for encashment, but was dishonored due to insufficient funds. Upon assurance of Y, X re- deposited the check, but again, the same was dishonored because the drawee account had been closed. X then decided to confront Y, who then uttered “Akala mo, babayaran pa kita?” Thus, X was constrained to file three (3) separate Informations charging Y of the crime of Estafa defined and penalized under Art. 315(1)(b) of the RPC. Is Y guilty of three counts of Estafa? A: (PERLAS-BERNABE) Yes. The elements of Estafa are: (1) The offender's receipt of money, ‘goods, or other personal property in trust, or on ‘commission, or for administration, or under any ‘other obligation involving the duty to deliver, or to return, the same; (2) Misappropriation or conversion by the offender of the money or property received, or denial of receipt of the money or property; (3) The misappropriation, conversion or denials to the prejudice of another; and (4) Demand by the offended party that the offender return the money or property received. The essence of this kind of estafa is the appropriation or conversion of money or property received to the prejudice of the entity to whom a return should be made. The words “conver” and “misappropriate™ connote the act of using or disposing of anothers property as ft were one’s own, or of devoting it toa purpose or use different from that agreed upon. In proving the element of conversion or misappropriation, a legal presumption of misappropriation arises when the Accused fails to deiver the proceeds of the sale orto return the items to be sold and fails to give an account of their whereabouts. Hence, is auilly of Eslafa defined and penalized under Art 315(1)(b). (PAZ CHENG y CHU v. PEOPLE OF THE PHILIPPINES; G.R. No. 174113. January 13, 2016) : X contracted the services of Y, a broker, for the sale of a share of stock. ¥ later introduced Z and they entered into a Deed of Absolute Sale. However, such sale was later annulled by the court. Thus, X returned to Z the sum of money which the latter paid for the share, plus interest, and applied with the Bureau of Internal’ Revenue (BIR) for the refund of the taxes paid for the annulled sale. Meanwhile, X requested Y for an accounting of the sum she received on behalf of X. In response, Y faxed documents. Examining the documents, X noticed a discrepancy in the faxed Capital Gains Tax Return: while the typewritten portion of the Return indicated P1,480,000.00 Page 57 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW as the capital gains tax paid, the machine validation imprint reflected only P80,000.00 as the amount paid. To clarify the discrepancy, X secured a certified true copy of the Capital Gains Tax Return from the BIR that reflected ‘only P80,000.00 as the capital gains tax paid for the sale of the share, As a result, X demanded Y to properly account for the 2,800,000.00 allegedly given to her for the payment of taxes and broker's fees, but to no avail. This led to the filing of an Information for the crime of Estafa under Article 315, paragraph (1) (b) of the Revised Penal Code (RPC) against Y before the RTC. The RTC and CA ruled that the prosecution failed to establish that the elements of Estafa are present. The question is whether Y can still be held liable for civil liability ex delicto? A. (PERLAS-BERNABE) No, Y cannot be held liable for civil iability ex deticto. When the element cof misappropriation or conversion is absent, there can be no Estafa and concomitantly, the civil lability ex delicto does not exist. In estafa under Art. 315 (1)(b), the fraud which the law considers as criminal is the act of misappropriation or conversion. When the element of misappropriation or conversion is missing, there can be no estafa. In such case, applying the foregoing discussions on civil liability ex delicto, there can be no civil liability as there is no act or omission from which any civil liability may be sourced, However, when an accused is acquitted because a reasonable doubt exists as to the existence of misappropriation or conversion, then civil liability may still be awarded. This means that, while there is evidence to prove fraud, such evidence does not suffice to convince the court to the point of moral certainty that the act of fraud amounts to estafa. As the act was nevertheless proven, albeit without sufficient proof justifying the imposition of any criminal penalty, civil liability exists, (Estate of Honorto Poblador, Jr. Represented By Rafael A. Poblador V. Rosario L Manzano; G.R. No, 192391. June 19, 2017) Q: Private complainants allege _ that Respondent X, and other members of his company, convinced them to invest large sums of money into his company. The RTC found that X fraudulently induced complainants to invest their money, despite knowing that he is prohibited from soliciting investments from the general public. Furthermore, it was discovered that X issued checks representing the investment of the complainants plus interest, only for the checks to be dishonored upon presentment for being drawn against closed accounts. Is X guilty of the crime of Syndicated Estafa? A: (PERLAS-BERNABE) Yes. X, along with other members of his company, repeatedly induced the public to invest in his company on the Undertaking that they would yield a huge percentage of retums. However, the accused knew from the start that the company had no clear trade by which it can pay the assured profits to its investors. Though not all proposals to invest in certain business ventures constitute fraud; actionable fraud arouse when X had knowledge that the venture proposed would not reasonably yield the promised results but, despite such knowledge, deliberately continues with the mmisrepresentation. It became Syndicated Estafa because X was accused alongside 5 or more people. (People v. Aquino, G.R. No. 234818, November 5, 2018) : A was the Loans Bookkeeper of the Bank and she was authorized to collect andior accept loan payments of the Bank’s clients and issue receipts therefor, and remit Payments to her supervisor. The Bank discovered that fraud and certain irregularities attended the same since there Was non-remittance of some loan payments. The Bank demanded an explanation and to return the unremitted money involved. Is A gullty of Estafa through misappropriation? A; (PERLAS-BERNABE) NO. The elements of Estafa through misappropriation (Art 315 par. 1) are: a) the offenders receipt of money, goods, or other personal property in or on commission, or for administration, or under any other obligation involving the duty to deliver, or to return, the same; (b) misappropriation or conversion by the offender of the money or property received, or denial of receipt of the money or property; (c) the misappropriation, conversion or denial is to the prejudice of another. and (d) demand by the offended party that the offender return the money or property received, Under the first element, there must also be juridical possession, which means a possession ‘which gives the transferee a right over the thing ‘which the transferee may set up even against the Page 58 of 130, ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW In this case, A was merely a collector of loan payments from the Bank's clients. The money merely passes into her hands and she takes custody thereof only for the duration of the banking day. The sum of money received by A, is ‘considered to be only in her material possession, not juridical possession. Hence, conversion of personal property in the case of an employee having mere material possession of the said property constitutes theft, whereas in the case of ‘an agent to whom both material and juridical possession have been _ transferred, misappropriation of the same property constitutes Estafa. Lacking the first element of the crime, A cannot be convicted of the crime Estafa (Benabaye v. People, G.R. No. 203466. February 25, 2015) Q: What are the elements of carnapping? A: The elements of carapping as defined and penalized under the law are as follows’ a) That there is an actual taking of the vehicle; b) That the vehicle belongs to a person other than the offender himself; ©) That the taking is without the consent of the owner thereof; or that the taking was committed by means of violence against or intimidation of persons, or by using force Upon things; and d) that the offender intends to gain from the taking of the vehicle. (People v. Renato Lagat y Gawan, G.R. No. 187044, 2011) @: What are the special aggravating circumstances in Arson? AcIBSS (4) 41) If committed with intent to gain; 2) If committed for the benefit of another; 3) the offender is motivated by spite or hatred towards the owner or occupant of the property burned: 4) Mf committed by a syndicate (planned or carried out by a group of 3 or more persons). (Sec. 4, PD 1613) Q. What are the guidelines when death occurs on the occasion of arson? A; Look at the offender’s main intent. Intent was to burn the building * But death results by reason or on occasion of ‘arson Homicide is absorbed. Fire is used to | Murder killthe person (becomes a | Intent was to killa | qualifying person | circ Fire is used to | Arson cover up the | and killin. Murder. if homicide, murder, arson is | Arson is committed for the purpose of | only a obtaining widespread panic for the | predicate purpose of giving in to an unlawful | crime demand, under the HUMAN SECURITY ACT (People v. Maingan, GR No. 170470, 2006) What are the special cases of malicious mischief? A: PPIP 1) Causing Damage to obstruct performance of public functions; 2) Using any poisonous or corrosive ‘substance; 3) Spreading ' any infection or contagion among cattle; 4) Causing damage to the property of the National Museum or National Library or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public. (Art. 328, RPC) @: What are the exemptions from criminal liability in crimes against property? ‘A: 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 the following persons: 41) 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 the same shall have passed to the possession of another; and 3) Brothers and sisters and brothers-indaw and sisters-in-law living together. (Art. 332, RPC) Q: What is the effect on the relationship after death of one spouse? A: Relationship by affinity between the surviving spouse and the kindred of the deceased spouse continues even after the death of the deceased spouse, regardless of whether the marriage produced children or not Page 59 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW (Carungcong v People and Sato GR. No. 181409, 2010) J. CRIMES AGAINST CHASTITY Q: Should there be a marriage for adultery to exist? A: Yes. Even if the marriage of a guilty woman with the offended party be subsequently declared void, there is stil adultery because until the martiage is declared to be null and void by competent authority in a final judgment, the offense to the vows taken and the attack to the family exist. (Art. 333, RPC, Pilapil v. Ibay- Somera, G.R. No, 80116, 1989) Q: When is adultery consummated? ‘A: Adultery is an instantaneous crime which is consummated and exhausted or completed at the moment of the camal union. Each sexual intercourse constitutes a crime of adultery. (People v. Zapata, G.R. No. L-3047, 1951) @: Suspecting that her husband was having an affair, Z hired a private investigator to spy fon him. After two weeks, the private investigator showed Z a video of her husband having sexual intercourse with another woman in a room ina five star hotel. Based on what she saw in the video, Z accused her husband of concubinage. Will the case prosper? Explain. (2010 BAR) ‘A: No, there are only 3 ways to commit concubinage! 1) by keeping a mistress in the conjugal dwelling, 2) cohabiting with a woman not one’s wife in any other place, and 3) having sexual intercourse with a woman not one's wife under scandalous circumstances. ‘The husband committed none of these three acts by having one instance of sexual intercourse with ‘a woman not his wife in the privacy of a hotel room. Therefore, he cannot be charged with concubinage. (Art. 334, RPC) Q: What is the difference between acts of lasciviousness and attempted rape? Ca [Lascivious acts are | Lascivious acts are | finat objective sought | but preparatory acts by the offender | to the commission of | rape Offender's lascivious | Acts performed by acts do not indicate | offender clearly intent to have sexual | indicate that his intercourse. | purpose was to lie ea onan [Manner of eommi sam The performance of lascivious character is common to both | Offended party is a person of either sex (REYES, p. 920, 2012) Q: In cases of acts of lasciviousness, is it necessary that intimidation be irresistible? A No. In cases of acts of lasciviousness, itis not necessary that intimidation be irresistible. It being sufficient that some compulsion equivalent to intimidation annuls or subdues the free exercise of the will of the offended party. (Simbolon, Jr. vs. People, G.R. No. 175888, 2009) Q: A was roused from sleep by B, her father, touching her body. Noticing that her shorts were already unzipped and unbuttoned, A zipped and buttoned them up and covered herself with a blanket. When B was trying to unzip the shorts again, A was able to go under the bed to evade him. Upon hearing A say that she would not get out from under the bed because of what B was doing to her, B stopped and withdrew. Was there attempted rape? A; (BERSAMIN) No, only acts of lasciviousness, Aitempied rape is committed when the “touching of the vagina by the penis is coupled with the intent to penetrate; otherwise, there: can only be acts of lasciviousness. In this case, B's act of opening the zipper and buttons of A's shorts, touching her, and trying to pull her from under the bed manifested lewd designs, not intent to lie with her. The evidence to prove that a definite intent to lie with A motivated B was plainly wanting, therefore, rendering him guilty only of acts of lasciviousness. (People v. Dadulla, G.R. No. 172321, 2011) Page 60 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are the acts constituting qualified seduction? A 1) Seduction of a virgin over 12 years and under, 18 by other person such as a person in authority, priest, teacher, etc.; and 2) Seduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation. (Article 337, RPC) What are the elements of forcible abduction? ‘A: WAL (3) 1) Person abducted is any woman regardless of, her age, status, or reputation: 2) Abduction is against her will; and 3) Abduction is with lewd designs. (Art. 242, RPC) Q: Is sexual intercourse necessary? A: No. In order to demonstrate the presence of lewd designs, actual illicit criminal retations with the person abducted need not be shown. The intent to seduce the girl is sufficient. (U.S. v. Ramirez, G.R. No. 13997, 1919) In two occasions, X, a 35-year-old man, ordered Y, who was then 11 years old, to hold his penis and masturbate him. Was CA correct in convicting X for violation of Section 5(b), Article Ill, of RA 7610, otherwise known as the "Special Protection of Children Against ‘Abuse, Exploitation and Discrimination Act"? A: (PERLAS-BERNABE) NO. In instances where the child subjected to sexual abuse through lascivious conduct is below twelve years of age, the offender should be prosecuted under Acts of Lasciviousness under Article 336 of the RPC, but suffer the higher penalty of reclusion temporal in its medium period in accordance with Section 5 (0), Article Il of RA 7610. Before an accused can be ‘convicted of child abuse through lascivious ‘conduct on a minor below 12 years of age, the requisites for Acts of Lasciviousness under Article 336 of the RPC must be met in addition to the requisites for sexual abuse. (Fianza v. People, GR. No, 218592. August 2, 2017) @: What are the elements of Acts of Lasciviousness under Article 336 of the RPC? A: (PERLAS-BERNABE) The elements are: 1) the offender commits any act of lasciviousness or lewdness; 2) the lascivious act is done under any of the following circumstances: a). by using force or intimidation; b) when the offended party is deprived of reason or otherwise unconscious; or ©) when the offended party is under twelve (12) years of age; and 3). the offended party is another person of either sex. (Fianza v. People, G.R. No. 218592. ‘August 2, 2017) Q: What are the elements of Sexual Abuse as defined under Section 5 (b), Article Ill of RA 7610? A; (PERLAS-BERNABE) The elements are: 1) the accused commits an act of sexual intercourse or lascivious conduct; 2) the said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and 3) the child is below eighteen (18) years old. (Fianza v. People, G.R. No. 218592. August 2, 2017) : In two occasions, X, a 36-year-old man, ‘ordered Y, who was then 11 years old, to hold his penis and masturbate him. is Y considered ‘a “child exploited in prostitution or subjected to other sexual abuse”? A (PERLAS-BERNABE) YES. A child is deemed subjected to other sexual abuse when the child indulges in lascivious conduct under the coercion or intimidation, or influence of any adult Lascivious conduct under the coercion or influence of any adult exists when there is some form of compulsion equivalent to intimidation which subdues the free exercise of the offended party's free will. Case law states that a child is presumed to be incapable of giving rational consent to any lascivious act. In this case, the age cisparity between the parties clearly placed Xin a stronger position over ¥ which enabled him to wield his will on the latter. (Fianza v. People, G.R. ‘No. 218592. August 2, 2017) is alleged that Respondent X is guilty of “Acts of Lasciviousness” for squeezing the genitalia of private complainant. The RTC ruled that the prosecution failed to establish Page 61 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW the element of lewdness, and that the overt act of squeezing does not show that X intended to gratify his sexual desires. The RTC held that X was guilty of Unjust Vexation, Is this ruling correct? A; (PERLAS-BERNABE) No, The SC overturned, this ruling, holding that he should instead be charged with Acts of Lasciviousness. The Court found that the mere fact of “squeezing” the private art of a child only 12 years of age could have signified only an indecent intention. "Lewd" is defined as obscene and lustful, signifying the form of immorality that has relation to moral impurity. (People v. Ladra, G.R. No. 221443, July 17, 2017) Q: Y was charged with the crimes of Acts of Lasciviousness for touching the private organ of AAA, a fourteen (14) year-old girl, in three separate instances and Qualified Rape when he forced his penis inside the private organ of, BBB, a sixteen (16) year-old girl, while she was sleeping. RTC convicted Y for 3 counts of Acts of Lasciviousness and Rape. Two minors gave their testimony to Y's alleged crimes, which the RTC gave full faith and credence to. The CA affirmed the rulings of the RTC. Is the conviction of the RTC as affirmed by the CA correct? A: (PERLAS-BERNABE) Recital of the facts in the information constitute violations of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of RA 7610.The elements for Acts of Lasciviousness under Article 336 are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that itis done (a) by using force or intimidation, or (b) when the offended party is deprived of reason or otherwise tunconscious, or (c) when the offended party is, under twelve (12) years of age; and (3) that the offended party is another person of either sex. The elements under Section 5 (b) of RA 7610 are: (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the said act, is performed with a child exploited in prostitution oF subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. Common to both legal provisions is the element of lascivious conduct or lewdness. The term "lewd" is commonly defined as something indecent or obscene. It is characterized by or intended to excite crude sexual desire, That on accused is entertaining a lewd or unchasie design is a mental process that can be inferred by overt acts carrying out such intention, ie., by conduct that can only be interpreted as lewd or Lascivious, ‘The crime should be qualified rape. The elements of Qualified Rape under these provisions are: (a) the victim is a female over twelve (12) years but under eighteen (18) years of age; (b the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the thd civil degree, or the common-law spouse of the parent of the victim; and (c) the offender has camal knowledge of the victim either through force, threat, or intimidation. A perusal of the records reveals that all these elements are present, Both the RTC and the CA found credible BBB's categorical testimony that on November 18, 2003, Y had camal knowledge of her without her consent; that she was sixteen (16) years old at that time; and that Monroyo is her uncle, being the husband of her mother's half-sister. (People v. Monroyo y Mahaguay, G.R. No. 223708, June 28, 2017) Q: Distinguish forcible abduction from other crimes. A Forcible Abduction Cr ae Reins ec) Prone Presence of lewd | Deprivation of liberty design makes it | withno lewd design | forcible abduction | (Art. 342, 267, RPC, REYES, p. 943-944, 2072) ery eer) a rine | Purpose is to commit | Purpose isto lend her | | lascivious acts to ilicit intercourse with others L (Art 342, 340, RPC, REVES, p. 943, 2012) CLL Purpose is to commit | Main objective Is. to lascivious acts | have camal (abduction with lewd | knowledge (to rape design) victim) so may absorb _ | forcible abduction. (Art. 342, 266, RPC, REYES, p. 945, 2012) Page 62 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW K. CRIMES AGAINST CIVIL STATUS OF ‘PERSONS @: A and B were scheduled to marry each other but on the day of the wedding, the supposed officiating priest refused to solemnize the marriage upon learning that the couple failed to secure a marriage license. A and B went to a different church and requested C to perform the ceremony. C agreed despite having been informed that the couple had no marriage license. C was charged with violation of Article 352, Performing an illegal Ceremony. Will the case prosper? A: Yes. Article 352 of the RPC, as amended, penalizes an authorized solermnizing officer who shall perform or authorize any illegal marriage ‘ceremony. The elements of this crime are as follows: (1) authority of the solemnizing officer; and (2) his performance of an illegal marriage ‘ceremony. Undoubtedly, the petitioner conducted the marriage ceremony despite knowledge that the essential and formal requirements of marriage set by law were lacking. The marriage ceremony, therefore, was illegal. (Ronulo v. People, G.R. No. 182438, 2014) Q: What are the elements of bigamy? A: (BERSAMIN) The elements of the crime of bigamy are as follows: 41) thatthe offender has been legally married, 2) that the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the Civil Code; 3) that he or she contracts a second or subsequent marriage; and 4) that the second or subsequent marriage has all the essential requisites for validity (Lasanas v. People, G.R. No. 159031,2014) X and Y were married in the Philippines. X went to New York and met his former girlfriend Z. They renewed their friendship and finally decided to get married. The first , Y, heard about the marriage and secures a copy of the marriage contract in New York. Y filed a case of Bigamy against X in the PI es. Will the case prosper? If Y gave her consent to the second marriage, what will, your answer be? (2008 BAR) ‘A: The case will not prosper. The venue where the action should be instituted is jurisdictional. If this is not complied with, it would render the prosecution invalid. The answer would be the ‘same if Y gave her consent. Bigamy is a public. crime and is thus not subject to agreement between the victim and accused. Also, this is in consonance with the principle of territoriality in Criminal Law. (Art. 2, RPC, REYES, p. 979, 2012) Q: Is the nullity of the second marriage a defense in bigamy? A: (BERSAMIN) No. The crime of bigamy is consummated from the moment a second marriage is contracted without the first marriage being first judicially declared null and void, because at the time of the celebration of the second marriage, the first marriage to is stil deemed valid and subsisting due to such marriage not being yet declared null and void by a court of competent jurisdiction. Art. 349 of the RPC penalizes the mere act of contracting a second or subsequent marriage during the subsistence of a valid marriage. (Lasanas v. People, G.R. No, 159031, 2014) : X decided to wed Z, her suitor, who had no inkling that she was previously married to Y. X and Z accomplished an application for marriage license which they subscribed and swore to before the Local Civil Registrar. X declared, in the application, that she is single. ‘The marriage licensed was issued. In due time, the couple were married by the mayor. X and Z had their first sexual intercourse later in the evening. What crime or crimes, if any, did X commit? A: X committed the crime of bigamy. The crime of bigamy is consummated from the moment a second marriage is contracted without the first marriage being first judicially declared null and void, because at the time of the celebration of the second marriage, the first marriage to is stil deemed valid and subsisting due to such marriage not being yet declared null and void by a court of competent jurisdiction. X also ‘committed adultery by having sexual intercourse with Z, who is not her husband. The intercourse cannot be absorbed in the bigamous marriage because the crime of bigamy was already consummated when adultery was committed. (Arts. 349 and 333, RPC, Lasanas v. People, GR. No, 159031, 2014) Page 63 of 130 ATENEO CENTRAL BAR OPERATIONS 204 CRIMINAL LAW L. CRIMES AGAINST HONOR Q: A and B were convicted of libel for their participation in a libelous article against C. A posits that it is mandatory that the publisher knowingly participated in or consented to the preparation and publication of the libelous article. Correct? ‘A No. To sustain a conviction for libel, proof of knowledge of and participation in the publication of the offending article is not required, if the accused has been specifically identified as ‘author, editor, or proprietor’ or ‘printer/publisher” of the publication. (Fermin v. People, G.R. No. 157643, 2008) Q: What are the cases where defamatory imputations are not presumed malicious? A 1) Private communication in performance of legal, moral or social duty. 2) Fair and true report made in good faith, without any comments and remarks, of judicial, legislative or other official proceedings which are not of confidential ature, 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; (Art. 354, RPC) Q: Explain the doctrine of fair comment as a defense in actions for libel or slander. A: The doctrine of fair comment means that while in general every discreditable imputation publicly made is deemed false, and every false imputation is deemed malicious, nevertheless, when the discreditable imputation is directed against a public person in his public capacity. it is not necessarily actionable. In order that such discreditable imputation to a public official may be actionable, it must either be a false allegation of fact or a comment based on a false supposition. Ifthe commentis an expression of opinion, based on established facts, then itis immaterial that the opinion happens to be mistaken, as long as it might reasonably be inferred from the facts. (Borjal v. Court of Appeals, G.R. No. 126466, 1999) {: What are the guidelines in the imposition of penalties in libel cases? A: The Judges concerned may, in the exercise of sound discretion, and taking into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of justice or whether forbearing to impose imprisonment ‘would depreciate the seriousness of the offense, ‘work violence on the social order, or otherwise be contrary to the imperative of justice. Should only a fine be imposed and the accused be unable to pay the fine, there is no legal obstacle to the application of the Revised Penal Code provision. on subsidiary imprisonment (Administrative Circular No. 08-2008) @: A police officer surreptitiously placed a marijuana stick in a student's pocket and then, arrested him for possession of marijuana igarette. What crime can the police officer be charged with? (2011 BAR) ‘A: The police can be charged with the complex crime of incriminating an innocent person through unlawful arrest. The two acts that were committed had closely followed each other, and that the act of planting the incriminatory evidence was a necessary means to commit the unlawful arrest. (Art. 363, RPC, People v. Alagao, et al, G.R. No. 1.20721, 1996) Q: S wrote a letter to his friends stating that Judge O loves obscene magazines and keeps these in his desk. Charged with libel, can S present proof that Judge O indeed loves ‘obscene magazines and keeps these in his desk for the case not to prosper? A: No, even if S proves the truth of such activities, S may still be charged with libel. Defamatory remarks and comments on the conduct or acts of public officers which are not related to the discharge of their official duties will not constitute libel if the defendant proves the truth of the imputation. But any attack upon the private character of the public officer on matters which are not related to the discharge of their official functions may constitute libel. (People v. Dei Fierro and Padilla, C.A. GR No. 3599-R, 1950). Q: X and Y got into a quarrel i house, which led to X uttering, mother, prostitute, illiterate, you built a very big house, it overshadows my house”. However, no evidence was presented to show that X started the fight, as Y is alleging. Is X guilty of Grave Oral Defamation? A; (PERLAS-BERNABE) NO, X is quilty only of Simple Oral Defamation. Oral Defamation or Slander is libel committed by spoken means. Itis Page 64 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW defined as "the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood." An’ allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead. Whether the offense committed is serious or slight oral defamation, depends not only upon the sense and grammatical meaning of the utterances but also upon the special circumstances, like the social standing or the advanced age of he offended party. In particular, itis a rule that uttering defamatory words in the heat of anger, with some provocation on the part of the offended party constitutes only a light felony. (Ramos v. People, G.R. No. 226454. November 20, 2017) ‘Q: What are the elements of Oral Defamation? A: (PERLAS-BERNABE) The elements of oral defamation are: 1) there must be an imputation of a crime, or of a vice or defect, real orimaginary, or any act, omission, status or circumstances; 2)_-made orally; 3) publicly, 4) and maliciously; 5) directed to a natural or juridical person, o cone who is dead; 6) which iscredit or ‘contempt of the person defamed. (Ramos v. People, G.R. No. 226454. November 20, 2017) M. QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE) Q: What are the punishable acts for criminal negligence? A 1) Committing through reckless imprudence any act which (had it been intentional) would constitute a grave or less grave felony or light felony; 2) Committing through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony; 3) Causing damage to the property of another through reckless imprudence or simple imprudence or negligence; and 4) Causing through simple imprudence or negligence some wrong which (if done maliciously) would have constituted a light felony. (Article 365, RPC) Q: Distinguish imprudence from negligence. Tees TEE Deficiency of Deficiency of Perception; Action; Failure in Failure in Advertence; and _| Precaution; and Avoided by paying | Avoided by taking (REYES, p.1053-1054, 2012) X brought his son Y to a local faithhealer. He was diagnosed by the faithhealer as being possessed by an evil spirit. X thereupoi authorized the conduct of a “treatment calculated to drive the spirit from the boy's body. Unfortunately, the procedure conducted resulted in the boy's death. The faithhealer and 3 others was charged with murder and convicted by the lower court. If you are appellate court Justice, would you sustain the conviction upon appeal? Explain your answer. (2007 BAR) ‘A: Ina similar case, the SC held that the liability arises from their reckless imprudence because they ought to know that their actions would not bring about the cure. They are, therefore, guilty of reckless imprudence resulting in homicide and not of murder. 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 latter's death. (People v. Carmen; G.R. No. 137268, 2001). : S, a councilor of the City of Malabon, made a false narration in his Personal Data Sheet. S denied the existence of a criminal case against him for assault upon the agent of a person in authority before the MTC. S denied the falsification charged and claimed that it was M, his staff, who prepared the PDS. The Sandiganbayan found S guilty of falsification of public documents through reckless prudence. Was the designation of the offense correct? A: No. "Falsification of public document through reckless imprudence" implies that reckless imprudence is not a crime in itself but simply a Page 65 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW modality of committing it. In intentional crimes, the act itself is punished; in negligence or imprudence, what is principally penalized is the mental attitude or condition behind the act, the dangerous recklessness, lack of care or foresight, the imprudencia punible. Much of the confusion has arisen from the common use of such descriptive phrase as ‘homicide through reckless imprudence’, and the like; when the strict technical sense is, more accurately, ‘reckless imprudence resuiting in homicide’ or ‘simple imprudence causing damages to property (Sevila v. People, G.R. No, 194390, 2004) Q: A was driving a motorcycle, with children, on an ascending curving road, on their proper lane. B was driving a car, swiftly descending on the same lane from the ‘opposite direction. A blew the horn to signal B to return to its proper lane but he remained in the same lane. In order to avoid collision, A tried to swerve but B suddenly swerved towards the same direction and collided head- ‘on with the motorcycle. As a result, they were thrown off the motorcycle. A was pinned beneath the car and his children’s legs were injured. The victims were brought to the hospital, A died and his children were confined. Is B guilty of the crime Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property? ‘A; (PERLAS-BERNABE) YES. Reckless imprudence, as defined in Art. 365 of the RPC, 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 or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Reckless Imprudence Resulting to Homicide with Double Serious Physical Injuries and Damage to Property is a complex crime. Art 48 of the RPC provides that when a single act constitutes two or more grave or less grave felonies, or when an offense is a necessary means for commiting the other, the penalty for the most serious crime (Reckless Imprudence Resulting to Homicide) must be imposed. In order to establish B's liability for the negligent operation of a vehicle, it must be shown that there was a direct causal connection between such negligence and the injuries or damages complained of. Its B's act of driving very fast on the wrong side of the road that was the proximate cause of the collision, resulting to the death of A and serious physical injuries to his children. Excessive speed, combined with other circumstances such as the occurrence of the accident on or near a curve, as in this case, constitutes negligence. B acted recklessly and imprudently in driving at a fast speed on the wrong side of the road while approaching the curve where the incident happened, thereby rendering him criminally liable. it is the inexcusable lack of precaution or conscious indifference to the consequences of the conduct, which supplies the criminal intent and brings an act of mere negligence and imprudence under the operation of the penal law, without regard to whether the private offended party may himself be considered likewise at fault. (Gonzaga V. People, G.R. No. 195671. January 21, 2015.) Page 66 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW TABLE OF PENALTIES AND CORRESPONDING CRIMES fms Piet Tn if applicability The Reclusion Perpetua to Death applicability Reclusion Perpetua ‘See Article 63 of Book | for |» Indeterminate Sentence Law is not applicable ‘See Article 63 of Book | for | + The Indeterminate Sentence | Law is not applicable . “Treason (for citizens)! ? Qualified piracy Parricide Murder Infanticide Rape under paragraph 1 of Art. 266-A (i committed with the use of deadly ‘weapon, or by two or more persons, oF the vicim has become insane, or rape is attempted and a homicide is committed by reason or on the occasion thereof) Kidnapping or detention that lasted for more than 5 days; or committed simulating public authority; If any serious physical injuries shall have been inflicted Upon the person kidnapped or detained; oF if threats to kill him shall have been made; or if any person kidnapped or detained shall be a minor, female, or public officer. The penalty shall be death where the kidnapping or detention was committed for the purpose of extorting ransom from the vicim or any other person, even ifnone of the circumstances above-mentioned were present in the Commission of the offense. Kidnapping and failure to return a minor Robbery with violence against _ or intimidation of persons (if by reason or on ‘occasion of the robbery, the crime of homicide have been committed; or if the robbery shall have been accompanied by rape or intentional mutilation or arson) Piracy in general and mutiny on the high seas or in Philippine waters? Person who promotes, maintains, or heads a rebellion or insurrection Person who leads or in any manner directs or commands others to undertake coup detat Rape under par. 2 of Art. 266-A (it by reason or on the occasion of the rape, homicide is committed) Reclusion Temporal Maximum to Death ‘Minimum: 47 years, 4 months |e and 1 day to 20 years Treason (for aliens)* "ISL not applicable 2 Misprision of treason — accessory to treason “ISL not applicable * ISL not applicable Page 67 of 130, ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Medium: Reclusion Perpetua Maximum: Death . One degree lower is prision mayor maximum to reclusion temporal medium. Two degrees lower is prision correctional maximum — to prision mayor medium, Correspondence with hostile country (if offender intended to aid the enemy by giving such notice or information) Murder Reclusion Temporal Maximum to Reclusion Perpetua Minimum: 17 years, 4 months | + and 1 day to 18 years and 8 months . Medium: 18 years, 8 months and 1 day to 20 years Maximum: Reclusion Perpetua One degree lower is prision mayor maximum to reclusion temporal medium. ‘Two degrees lower is prision correctional maximum — to prision mayor medium. Attempted and frustrated _ robbery committed under certain circumstances Destructive Arson Reclusion Temporal Medium to Reclusion Perpetua ‘Minimum: 12 years and 7 day | « to 16 years ‘Medium: 16 years and 1 day to | « 20 years, Maximum: Reclusion Perpetua | Malversation of public funds or property {if amount exceeds Php20,000) Mutilation Rape under par. 2 of Art. 266-A (if rape is attempted and a homicide is committed by reason or on the occasion thereof) Robbery with violence against or intimidation of persons (ifby reason or on ‘occasion of the robbery, any of the physical injuries penalized in subdivision of 1 of Article 263 shall have been inflicted) Reclusion Temporal Medium and Maximum Minimum: 14 years, 8 months | « and 1 day to 16 years, 5 ‘months and 10 days . Medium: 16 years, 5 months and 11 days to 18 years, 2 months and 20 days Maximum: 18 years, 2 months Malversation of public funds or property (if amount does not exceed Php20,000) Serious physical injuries (if injured person become insane, imbecile, impotent, or blind) if committed to persons enumerated under Art. 246 or ‘with attending circumstance of Art. 248, Page 68 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘One degree lower is prision mayor maximum to reclusion temporal minimum. ‘Two degrees lower is prision mayor minimum & medium, Minimum: 14 years, 8 months and 1 day to 15 years, 6 months and 19 days Medium: 15 years, 6 months and 20 days to 16 years, § months and 9 days Reclusion Temporal | jaximum: 16 years, § months ledium land 10 days to 17 years and 4 months. One degree lower is reclusion temporal minimum. Two degrees lower is prision mayor maximum, Minimum: 12 years and 7 day |* Forging treasury or bank notes or other to 12 years, 10 months and 20 | documents payable to bearer, importing, days and uttering such false or forged notes ‘and documents (if the document is an Medium: 12 years, 10 months | obligation or security of the US or the and 21 days to 13 years, 9| Philippines) months and 10 days Reclusion Temporal | Maximum: 13 years, 9 months nae and 11 days to 14 years and 8 months One degree lower is prision mayor maximum, Two degress lower is prision mayor medium. Minimum: 12 years and 7 day |* Inciting to war or giving motives for to 14 years and 8 months reprisals (for public officer or employee) ‘= Correspondence with hostile country (if Medium: 14 years, 8 months | notice or information be given thereby and 1 day to 17 years and 4| which might be useful to the enemy) months ‘= Arbitrary detention (if detention exceeded Reclusion Temporal ssix months) Maximum: 17 years, 4 months |» Person merely participating or executing and 1 day to 20 years the commands of others in a rebellion or insurrection One degree lower is prision |* Person in the government service who mayor. Participates or executes directions or Page 69 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Two degrees lower is prision correccional commands of others in undertaking a coup detat Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature or stamp of the Chief Executive False testimony against a defendant (if defendant have been sentenced to death) Homicide Giving assistance to suicide (if such person did the killing himself) Infanticide (if commited by the matemal grandparents for the purpose of concealing the mother's dishonor) Intentional abortion (if used violence Upon the person of the pregnant woman) Responsibility of participants in a duel (if the adversary is killed) Rape under par. 2 of Art. 266-A (if victim become insane) Slight llegal Detention, or anyone who furnished the place for the perpetration of the crime Robbery with violence against _or intimidation of persons (if by reason or on occasion of the robbery, any of the physical injuries penalized in subdivision 2 of Article 263 shall have been inflcted)* Robbery in an inhabited house or public building or edifice devoted to worship (if value exceed Php250)° Crimes involving destruction (if the commission has endangered the safety of any person, otherwise, the penalty of prision mayor shall be imposed) Forcible abduction Prision Mayor Maximum To Reclusion Temporal Medium Minimum: 10 years 1 dayto 12 | « years, § months and 10 days Medium: 12 years, 5 months and 11 days to 14 years, 10 months and 20 days Maximum: 14 years, 10 months and 21 days to 17 years and 4 months Robbery with violence against _or | intimidation of persons (if the violence or intimidation employed in the commission of the robbery shail have been carried to a degree clearly unnecessary for the commission of the crime, or when in 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 subdivisions Sand 4 of Article 263)" 5 Maximum period if committed in an uninhabited place or by a band or with the use of firearm on a street. road, or alley ® If committed in one of the dependencies of an inhabited house, public building, or building dedicated to religious ‘worship — penalty next lower in degree ” Maximum period if committed in an uninhabited place or by a band or with the use of firearm on a street, road, or alley Page 70 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘One degree lower is prision correctional maximum — to prision mayor medium. Two degrees lower is prision correctional maximum — to prision correctional medium. Prision Mayor Maximum To Reclusion Temporal Minimum Minimum: 10 years and 1 day to 11 years, 6 months and 20 days Medium: 11 years, 6 months and 21 days to 13 years, 1 ‘month and 10 days Maximum: 13 years, 1 month and 11 days to 14 years and 8 months. ‘One degree lower is prision ‘mayor minimum & medium. Two degrees lower is prision correctional medium & ‘maximum. Prision Mayor Maximum To Reclusion Temporal Minimum ‘Minimum: 8 years and 1 day to 10 years, 2 months and 20 days Medium: 10 years, 2 months and 21 days to 12 years, 5 months and 10 days Maximum: 12 years, 5 months and 11 days to 14 years and & months ‘One degree lower is prision correctional medium to prision mayor minimum, Two degrees lower is arresto mayor medium to prision correctional minimum. Malversation of public funds or property (if amount does not exceed Php 12,000) Rape under paragraph 2 of Art. 266-A (if with deadly weapon, or by two or more persons) Prision Mayor Medium ‘And Maximum Minimum: 8 years 1 day to 9 years and 4 months Medium: 9 years, 4 months and 1 day to 10 years and 8 months Direct bribery Infanticide (if committed by the mother for the purpose of concealing her dishonor) Brigandage? ® Penalty of prision mayor in its medium period to reclusion temporal in its minimum period ifthe act or acts committed by them are not punishable by higher penalties, in which case, they shall suffer such high penalties, Page 71 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Maximum: 10 years, 8 months and 1 day to 12 years One degree lower is prision correctional maximum — to prision mayor minimum, ‘Two degrees lower is prision correctional minimum & medium. ‘Minimum: 6 years and 7 day to | « 7 years and 4 months Medium: 7 years, 4 months and 1 day to 8 years and 8 months Maximum: 8 years, 8 months and 1 day to 10 years . Prision Mayor Minimum And Medium | One degree lower is. prision correctional medium = & maximum, Two degrees lower is arresto mayor maximum to prision correctional minimum, Making and importing and ultering false coins (if the counterfeited coin be silver coin of the Philippines or coin of the Central Bank of 10 centavo denomination or above) Malversation of public funds or property {if amount does not exceed Php6000) Slight Illegal Detention if offender shall voluntarily release the person so kidnapped or detained within three days from the commencement of the detention, without having attained the purpose "intended, and before the institution of criminal proceedings against him Theft (if the value of the thing stolen is ‘more than 12,000 pesos but does not exceed 22,000 pesos)? Qualified Thest™® Minimum: 10 years and 1 day [+ to 10 years and 8 months Medium: 10 years, 8 months and 1 day to 11 years and 4 |» months Prision Mayor Maximum Maximum: 11 years, 4 months and 1 day to 12 years One degree lower is prision mayor medium. . Two degrees lower is prision mayor minimum, Person not in the government service who participates, or in any manner supports, finances, abets or aids in undertaking a coup d'etat Forging treasury or bank notes or other documents payable to bearer: importing, and uttering such false or forged notes and documents (if the document is a circulating note issued by any banking association duly authorized by law to issue the same) Slavery for the purpose of immoral traffic. ® But ifthe value of the thing stolen exceeds the latter amount the penalty shall be the maximum period of the one prescribed in this paragraph, and one year for each additional ten thousand pesos, but the total of the penalty which may be imposed shall not exceed twenty years. *® Higher by two degrees Page 72 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Prision Mayor Medium Minimum 8 years and 7 day > B years and 8 months Medium: 8 years, 8 months 1 day to 9 years and 4 months Maximum: 9 years, 4 months and 1 day to 10 years One degree lower is prision mayor minimum. Two degrees lower is prision correctional maximum. Forging treasury or bank notes or other documents payable to bearer; importing, and uttering such false or forged notes and documents (if document was issued by a foreign government) Prision Mayor Minimum, Medium: 6 years, 8 months and 1 day to 7 years and 4 months Maximum: 7 years, 4 months and 1 day to 8 years, ‘One degree lower is prision correctional maximum, . Two degrees lower is prision correctional medium. Minimum: 6 years and 1 day to |» 6 years and 8 months Conspiracy and proposal to commit coup detat Inciting to rebellion or insurrection Sedition (if leader) Forging treasury or bank notes or other documents payable to bearer; importing, and uttering such false or forged notes and documents (if document is a circulating note or bill issued by a foreign bank duly authorized therefor) Maltreatment of prisoners (if purpose of maltreatment is to extort a confession) 8 years 410 years to 12 years correctional Prision Mayor mayor, ISL not applicable + Same condition for arbitrary detention +9 Same condition for arbitrary detention ‘Minimum: 6 years and 1 day to ‘Two degrees lower is arresto Medium: 8 years and 1 day to | « Maximum: 10 years and 1 day | « ‘One degree lower is prision | Page 73 of 130 ‘Conspiracy to commit treason’ Inciting to war or giving motives for reprisals (for private individual) Correspondence with hostile country (if the correspondence be carried on in ciphers or conventional signs) Arbitrary detention (if detention has continued more than fifteen but not more: than six months) Delay in the delivery of detained persons to the proper judicial authorities'® Delaying release’? Violation of parliamentary immunity Using forged signature or counterfeit seal or stamp Falsification by public officer, employee, or notary or ecclesiastical minister False testimony against a defendant (if defendant have been sentenced to reclusion temporal or perpetua) Immoral doctrines, obscene publications and exhibitions, and indecent shows ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Knowingly rendering unjust judgment Removal, concealment, or destruction of documents (if serious damage shall have been caused thereby to a third party or to the public interest) Death caused in a tumultuous aftray Giving assistance to suicide Intentional abortion (if without violence but without consent of the pregnant woman) + Serious physical injuries (if injured | person become insane, imbecile, | impotent, or blind) Rape under paragraph 2 of Art. 266-A + Slavery (plus a fine not exceeding 410,000) + Robbery in an inhabited house or public building or edifice devoted to worship (if value does not exceed Php250)"*"® + Fraudulent insolvency (if he be a merchant) Corruption of minors"® Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child. Usurpation of civil status. Bigamy __ Minimum: 4 years, 2 months [+ Illegal assemblies (if organizers or and 1 day to 6 years, 1 month | leaders) and 10 days * Robbery with violence against or intimidation of persons (in other cases)'” Medium: 6, years, 1 month and |* Fraudulent insolvency (if he be not a 11 days to 8 years and 20)” merchant) days + Swindling_(f the amount ofthe fraud is | over 12,000 pesos but does not exceed | Maximum: 8 years and 21 days | 22,000 pesos)"* j jt 10 years Prision Correctional Maximum To Prision ‘Mayor Medium One degree lower is arresto mayor maximum to prision correctional medium. If do not camry arms — penalty in its minimum period "If committed in one of the dependencies of an inhabited house, public building, or building dedicated to religious worship ~ penalty next lower in degree "ifthe culpritis a pubic officer or employee, including those in government-owned or controlled corporations, he shell also suffer the penalty of temporary absolute disqualification, Maximum period if committed in an uninhabited place or by a band or with the use of frearm on a street, road, oF alley *® If such amount exceeds the latter sum, the penalty provided inthis paragraph shall be imposed in its maximum period Page 74 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW “Two degrees lower is destierro maximum or arresto. mayor minimum and medium. Prision Correctional Maximum To Prision Mayor Minimum Minimum: 4 years, 2. months | « and 1 day to § years, 5 months and 10 days ‘Medium: § years, 5 months and 11 days to 6 years, 8 months and 20 days Maximum: 6 years, 8 months and 21 days to 8 years ‘One degree lower is prision correctional minimum = & medium, ‘Two degrees lower is arresto mayor medium & maximum, Direct bribery (if public officer was refrained from doing something which it was his official duty) Serious physical injuries (if injured person lost the use 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 incapacitated for the work in which he was habitually engaged) if committed to persons enumerated under Art. 246 or with attending circumstance of Ar. 248 | Prision Correctional Medium To Prision Mayor Minimum Minimum: 2 years, 4 months | « and 1 day to 4 years, 2 months and 20 days Medium: 4 years, 2months and 21 days to 6 years, 1 month | « and 10 days 5 Maximum: 6 years, 1. month and 11 days to 8 years One degree lower is arresto mayor medium to prision correctional minimum, ‘Two degrees lower is destierro medium and maximum or arresto mayor minimum, ‘Tumults and other disturbances of public officer (if disturbance or interruption is of ‘a tumultuous character) Frauds against the public treasury and similar offenses Maltreatment of prisoners Aiding and abetting a band of brigands Prison Correctional Medium And Maximum Minimum: 2 years, 4 months |» and 1 day to 3 years, 6 months and 20 days Medium: 3 years, 6 months and 21 days to 4 years, 9 months | « and 10 days s Maximum: 4 years, 9 months and 11 days to 6 years ‘Arbitrary detention (if detention has continued more than three but not more than fifteen days) Delay in the delivery of detained persons to the proper judicial authorities" Delaying release” Violation of domicile (if 1) offense committed at nightime; 2)any papers or effects not constituting evidence of a | crime are not returned immediately | Interruption of religious. worship (if with violence and threats) +8 Same condition for arbitrary detention 20 Same condition for arbitrary detention Page 75 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW [ ‘One degree lower is arresto | « mayor maximum to prision correctional minimum, Two degrees lower is arresto | « mayor minimum & medium, Direct assaults (if 1) assault is committed with @ weapon, 2) offender is a public officer or employee, 3) offender lays hands upon person in authority) Evasion of service of sentence Counterfeiting, importing, and _ uttering instruments not payable to bearer?" Falsification by private individuals and Use of falsified documents Falsification of wireless, cable, telegraph, and telephone messages, and use of said falsified messages Manufacturing and possession of, instruments or implements for falsifications Malversation of public funds or property (if amount does not exceed Php200) Conniving with or consenting to evasion (ifthe fugitive shall have been sentenced by final judgment) Revelation of secrets by an officer (if the revelation of such secrets or the delivery of such papers shall have caused serious damage to the public interest) Abuses against chastity Death caused in a tumultuous affray (if it cannot be determined who inflicted the serious physical injuries on the deceased = to all those who have used violence Upon the person of the victim) Intentional abortion (if with consent of the pregnant woman) ‘Abortion practiced by the woman herself or by her parents Serious physical injuries (if injured person lost the use of speech or the power to hear or to smelt, 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 incapacitated for the work in which he was habitually engaged) ‘Serious physical injuries (if injured person shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than 90 days) if committed to persons enumerated under Art. 246 or with attending circumstance of Art, 248 * Next lower in degree if legal possession and use of false treasury of bank notes and other instruments of credit Page 76 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘Abandoning of a minor that lead to death. Qualified trespass to dwelling (if the offense be committed by means. of Violence or intimidation) Theft (if the value of the thing stolen is more than 6,000 pesos but does not exceed 12,000 pesos.) Qualified Theft! Damage and obstruction to means of communication Adultery Consented abduction Marriage contracted against provisions of laws. Minimum: 6 months and 1 day | = to 1 year, 8 months and 20 days Medium: 1 year, 8 months and 21 days to 2 years, 11 months and 10 days Maximum: 2 years, 11 months | « and 11 days to 4 years and 2 months One degree lower is arresto mayor medium & maximum. Two degrees lower is arresto | « mayor minimum or destierro Prision Correctional | MAYO" In Minimum And Medium Mlegal associations (if founders, directors, or presidents) Indirect assaults Making and importing and uttering false coins (if the counterfeited coin be any of the minor coinage of the Philippines or coin of the Central Bank below 10 centavo denomination) Usurpation of authority or official functions Indirect bribery Officer breaking seal Disobedience to order of superior officers, when said order was suspended by inferior officer Abandonment of office or position (if office shall have been abandoned in order to evade the discharge of duties of preventing, prosecuting, or punishing any of the crimes falling within Title One and Chapter One of Title Three of Book Two of RPC) Abuses against chastity (if the person solicited be the wife, daughter, sister, or relative within the same degree by affinity of any person in custody) Discharge of firearms Unintentional abortion Abortion practiced by the woman herself or by her parents (if to conceal dishonor) Serious physical injuries (if injured person shall have become deformed, or shall have lost any other part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the workin which he was % Higher by two degrees Page 77 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW habitually engaged for a period of more than 90 days) © Serious physical injuries if committed to persons enumerated under Art. 246 or ‘with attending circumstance of Art, 248 (if injured person have illness or incapacity for labor for more than 30 days) ‘© Less serious physical injuries (if inflicted upon the offender's parents, ascendants, guardians, curators, teachers, or persons | of rank, or persons in authority Exploitation of child labor Abandoning of a minor that lead to endangerment of the life of the minor. Exploitation of minors Discovering secrets through seizure of correspondence Revelation of industrial secrets Theft (if the value of the property stolen is more than 200 pesos but does not exceed 6,000 pesos.) Qualified Thett?* ‘Swindling (if the amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos) ‘* Malicious mischief (if the value of the * damage caused exceeds 1,000 pesos) + Concubinage + Qualified seduction ‘+ _Libe! means by writings or similar means. Minimum: 4 years, 2 months |* Conspiracy to commit rebellion or and 1 day to 4 years, 9 months | insurrection and 10 days. ‘= Sedition (if other persons participating) ‘© Inciting to sedition Medium: 4 years, 9months and |. Evasion of service of sentence (if by 11 days to 5 years, 4 months means of unlawful entry, by breaking Prision Correctional | 2°420¢a¥s doors, windows, gates, walls, roots, of eee floors, or by using pickiocks, false keys, Maximum: § years, 4 months disguise, deceit, violence or intimidation, and 21 days to 6 years or through connivance with other convicts or employees of the penal institution) One degree lower is prision | Falsifcation of legislative documents correctional medium. + Gambling (if maintainer, conductors, or banker) Two degrees lower is prision correctional minimum. Prision Correctional Minimum: 2 years, 4 months |* Proposal to commit rebellion or Medium and 1 day to 2 years, 11|” insurrection months and 10 days ‘+_Conspiracy to commit sedition = Higher by two degrees 2 Penalty next higher in degree if committed by any person who shall seduce his sister or descendant, whether or not she be a virgin or aver eighteen years of age Page 78 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW months Medium: 2 years, 11 months and 11 days to 3 years, 6 ‘months and 20 days Maximum: 3 years, 6 months | « and 21 days to 4 years and 2 One degree lower is prision correctional minimum. Two degrees lower is arresto mayor maximum. Gambling (if knowingly and without lawful purpose have in possession any lottery list, paper, or other matter containing letters, figures, signs or symbols used in jueteng) Direct bribery (if officer shall not have accomplished the act) days months Prision Correctional Minimum, Minimum: 6 months and 1 day to 1 year, 1 month and 10 Medium: 1 year, 1 month and 11 days to 1 year, 8 months and 20 days Maximum: 1 year, 8 months and 21 days to 2 years and 4 | , One degree lower is arresto | mayor maximum, Two degress lower is arresto mayor medium, Violation of domicile Prohibition, interruption, and dissolution of peaceful meetings Interruption of religious worship Disloyalty of public officers or employees | Direct assault (if without the circumstances in Art 148, 1* par) Other cases of evasion of service of sentence” Making and importing and uttering false coins (if the counterfeited coin be currency of a foreign country) Mutilation of coins’ False testimony in civil cases (if the amount in controversy shall exceed Php5,000) Machinations in public auctions. Monopolies and combinations in restraint of trade Substituting and altering trademarks, trade names, or service marks Unfair competition, fraudulent registration of trade name , trademark, or service mark, fraudulent designation of origin, and false description Malicious delay in the administration of justice Prosecution of offenses; negligence and tolerance. Betrayal of trust by an attomey or solicitor. Prohibited transactions Failure of accountable officer to render accounts Illegal use of public lands or property ® However ifthe penalty remitted by the granting of such pardon be higher than six years, the convict shal suffer the ‘unexpired portion of his original sentence 2 One degree lower if selling of false or mutilated coin without connivance Page 79 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Conniving with or consenting to evasion (ifthe fugitive shall not have been finally convicted) Removal, concealment, or destruction of documents (if no serious damage shall have been caused thereby to a third party or to the public interest) Revelation of secrets by an officer (if did not cause serious damage to the public interest) Prolonging performance of duties and powers Usurpation of legislative powers Challenging to a duel Minimum: 6 months and 1 day to 2 years and 4 months Medium: 2 years, 4 months and 1 day to 4 years and 2 months Maximum: 4 years, 2 months | . and 1 day to 6 years 5 ‘One degree lower than prision | . correctional is arresto mayor ‘Two degree lower than prision correctional is destierro. . Prision Correctional nd Deserta) One degree tower than |, destierro is arresto menor. Two degrees lower than |. destierro is fine. Proposal to commit treason®” Espionage Violation of neutrality Correspondence with hostile country (if the correspondence has been prohibited by the Government) Expulsion ‘Acts tending to prevent the meeting of the Assembly Violation of parliamentary immunity (if public officer or employee arrestor search any member of the Assembly while in regular or special session) legal assemblies (if persons merely present but armed) False testimony against a defendant (it defendant have been sentenced to any other afflictive penalty) Importation and disposition of falsely marked articles or merchandise made of gold, silver, or other precious metals or their alloys. importation and disposition of falsely marked articles or merchandise made of fold, silver, or other precious metals or their alloys Death or physical injuries inflicted under exceptional circumstances” Inducing a minor to abandon his home Failure to give bond for good behavior" | 2" ISL not applicable 20181 not applicable 2 Penalty next higher in degree if offender is a public officer ® Destiero Destino Page 80 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Grave coercion Robbery in an uninhabited place or in a private building”? * Concubinage (if the concubine) _ + _ Acts of lasciviousness Minimum: 4 months and 1 day |+ Reckless imprudence (if the act would to 1 year, 7 months and 10| constitute a grave felony) days Medium: 1 year, 7 months and 11 days to 2 years, 10 months and 20 days Arresto Mayor Maximum To Prision Correctional Medium Maximum: 2 years, 10 months and 21 days to 4 years and 2 months One degree lower is destierro maximum or arresto mayor minimum and medium, Two degrees lower is destierro minimum and medium or arresto menor maximum. _| Minimum: 4 months and 7 day |» Search warrants maliciously obtained to 1 year and abuse in the service of those legally obtained Medium: 1 year and 1 day to 1|« Offending the religious feelings year, 8 months * Delivering persons from jail (if with violence, intimidation, or bribery) Maximum: 1 year, 8 months |« Person who use falsified dispatch to the and 1 day to 2 years and 4| prejudice of a third party or with intent to Arresto Mayor ‘months ‘cause such prejudice Maximum To Prison + False medical certificates, false Correctional Minimum | One degree lower is arresto| certificates of merit or service (if mayor minimum & medium. physician, surgeon, or public officer) Person who with intention of using them ‘Two degrees lower is destierro | shall have in his possession any of the medium and maximum, instruments or implements intended to be Used in the commission of the offenses of counterfeiting or falsification + False testimony favorable tothe defendant (for a felony punishable by an afflctive penalty) % If committed in violation of the exercise ofthe right of suffrage, or for the purpose of compelling another to perform ‘any religious act or to prevent him from exercising such right or from doing such act ~ penalty next higher in degree 88 when the robbery consists in the taking of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower In degree than that prescribed in said articles. 5 Destierro Page 81 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW T ]> False testimony in dl cases (Wf the | amount in controversy shall not exceed Php§,000) + False testimony in other cases and perjury in solemn affirmation * Importation and sale of lottery tickets or advertisements + Evasion through negligence + Serious physical injuries (ifinjured person have illness or incapacity for labor for ‘more than 30 days) Services rendered under compulsion in payment of debt. Possession of picklocks or similar tools. Swindling (if such amount is over 200 pesos but does not exceed 6,000 pesos) Slander _ Slander by deed Minimum: 2 months and 1 day |» Arbitrary detention (if detention has not to 4 months exceeded three days) ‘* Delay in the delivery of detained persons | | Medium: 4 months and 1 dayto | to the proper judicial authorities" 6 months + Delaying release* + Tumults and other disturbances of public Maximum: 6 months and 1 day| officer to 2 years and 4 months + Possession of prohibited interest by a Arresto Mayor public ofteer Medium To Prision Correctional Minimum, Open disobedience Refusal of assistance Usurpation of executive functions + Usurpation of judicial functions + Theft (if the value of the property stolen is ‘over 50 pesos but does not exceed 200 pesos) * Qualified Then” * Destroying or damaging statues, public ‘monuments or paintings. Minimum: 2 months and 1 day | * Searching domicile without witnesses: 0.3 months and 10 days + Giving assistance to suicide (if not suicide not consummated) Medium: 3 months and 11 days | * Other mischiefs (if the value of the ‘Arresto Mayor Madman to months and 20 days damage caused exceeds 1,000 pesos) * Simple imprudence (if act would Maximum: 4 months and 21 |” constute a grave felony) days to 6 months, Same condition for arbivary detention Same condition for arbitrary detention Higher by two degrees Page 82 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘One degree lower is either destierro maximum or arresto mayor minimum. ‘Two degrees lower is destierro minimum and medium. Arresto Mayor Minimum And Medium Minimum: 1 month and t day to 2 months Medium: 2 months and 1 day to 3months Maximum: 3 months and 1 day to 4 months One degree lower is desierro medium & maximum. Two degrees lower is arresto menor maximum. or destierro ‘minimum, » Theft (if the value does not exceed 5 pesos) * Qualified Theft®* Other forms of swindling Other mischiefs (if such value is over 200 pesos but does not exceed 1,000 pesos) » Reckless imprudence (if the act would constitute a less grave felony) Arresto Mayor Maximum Minimum: 4 months and 1 day to.4 months and 20 days, Medium: 4 months and 21 days to 5 months and 10 days Maximum: 5 months and 11 days to 6 months One degree lower is arresto mayor medium Two degrees lower is arresto ‘mayor minimum ‘© Swindling (if such amount does not exceed 200 and fraud committed in the means provided) Arresto Mayor Medium, Minimum: 2 months and 1 day to 2 months and 20 days Medium: 2 months and 21 days to 3 months and 10 days Maximum: 3 months and 11 days to 4 months One degree lower is arresto ‘mayor minimum Two degrees lower is arresto mayor minimum ‘Arresto Mayor Minimum Minimum: 1 month and 1 day to ‘’month and 10 days = Unjust interlocutory order | «Light coercion 2% Higher by two degrees Page 83 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Medium: 1 month and 11 days to 1 month and 20 days Maximum: 1 month and 21 days to 2 months Simple imprudence ("act would constitute a less grave felony) Arresto Mayor ‘Minimum: 1 month and 1 day to 2 months Medium: 2 months and 1 day to 4 months Maximum: 4 months and 1 day to 6 months Flight to enemy's country Disturbance of proceedings Megal assemblies (if persons merely present, unarmed) legal associations (if members) Disobedience to summons issued by the National Assembly, its committees or subcommittees or divisions Resistance and disobedience to a person in authority or the agents of such person ‘Tumults and other disturbances of public officer (if person in any meeting, association, or public place shall make an outcry tending to incite rebellion or sedition or in such place display placards ‘or emblems which provoke a disturbance of the public order Unlawful use of means of publication and unlawful utterances Delivering persons from jail (if without Violence, intimidation, or bribery) False medical certificates, false certificates of merit or service (if private person) Using fictitious name legal use of uniforms or insignia False testimony against a defendant (if defendant have been sentenced to a correctional penalty, or a fine, or shail have been acquitted) False testimony favorable to the defendant (if for a felony punishable not by an affictive penalty) liegal betting on horse races (if employs a totalizer or other device or scheme for betting) Grave scandal. Judgment rendered through negligence Failure of a responsible public officer to render accounts before leaving the ‘country Failure to make delivery of public funds ‘or property. Opening of closed documents Public officer revealing secrets of private individual Refusal t discharge elective offices | Page 84 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘Abandonment of office or position Disobeying request for disqualification Order or requests by executive officers to any judicial authority Unlawful appointments Responsibility of participants in a duel Less serious physical injuries Unlawful arrest (plus payment of fine) Abandonment of person in danger and abandonment of one's own victim Abandoning a minor. + Abandonment of minor by person entrusted with his custody; indifference of parents. + Neglect of children by not giving them education which their financial conditions permit. # Inducing a minor to abandon his home (if the father or mother committed the crime) Qualified trespass to dwelling Grave threats™ (if not have been made subject to a condition) ‘= Other similar coercions ~ Compulsory purchase of merchandise and payment ‘of wages by means of tokens ‘+ Formation, maintenance, and prohibition ‘of combination of capital o labor through violence or threats + Discovering secrets through seizure of correspondence (if offender shall not reveal such secrets) ‘+ Theft (if such value is over 5 pesos but does not exceed 50 pesos.) Qualified Theft” ‘Swindling a minor Other deceits Removal, sale or pledge of mortgaged Property. ‘+ Malicious mischief (if such value does not exceed the abovementioned amount '* but itis over 200 pesos) + Simple seduction * Acts of lasciviousness with the consent of the offended party * Premature marriages. + Threatening to publish and offer to present such publication for a compensation. 2 if offender made a threat, penalty next lower in degree than that prescribed by law for the crime he threatened to commit “9 Higher by two degrees. Page 85 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Prohibited publication of acts referred to in the course of official proceedings | | | Arresto Menor Minimum: 1 day to 10 days Medium: 11 days to 20 days Maximum: 21 days to 30 days Resistance and disobedience to a person in authority or the agents of such person (ifnot of a serious nature) Person who bury with pomp the body of a person who has been legally executed in relation to last clause of Article 85 ‘Alarms and scandals Using false certificates Concealing true name Gambling Possession of adverlisements legal betting on horse races Illegal cockfighting ‘Sight physical injuries and maltreatment Other forms of trespass Other light threats Other coercion or unjust vexation Theft (if committed under the circumstances enumerated in paragraph 3 of the next preceding article and the value of the thing stolen does not exceed 5 pesos) Theft (when the value of the thing stolen is not over 5 pesos, and the offender shall have acted under the impulse of hunger, poverty, or the difficulty of eaming a livelihood for the support of himself or his family. Altering boundaries or landmarks, Malicious mischief (if such value does not exceed 200 pesos) Other mischiefs (if the amount involved does not exceed 200 pesos or cannot be estimated) Slander (if not of serious nature) Slander by deed (it not of serious nature) Incriminating innocent person, Intriguing against honor. Reckless imprudence (if the act would constitute a light felony)? lottery tickets or ‘Temporary Disqualification Maximum Period To Perpetual Disqualification Minimunn: 10 years and 7 day to'11 years cisqualitation Medium: 11 years and 1 day to 12 years disqualification * Arresto menor in its minimum period © ayresto menor in its maxi imum period Page 86 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Maximum: Perpetual disqualification Temporary Disqualification Maximum Period Minimum: 10 years and 1 day to 10 years and 8 months Medium: 10 years, 8 months and 1-day to 11 years and 4 months Maximum: 11 years, 4 months and 1 day to 12 years ‘Minimum: 6 years and 1 day to 6 years and 8 months Disqualification Hsien Medium: 6 years, 8 months and uel 4 day to 7 years and 4 months ‘Minimum Period eh Maximum: 7 years, 4 months and 1 day to 8 years Minimum: 6 months and 1 day toB years Temporary Medium: 6 years, 8 months and 1 day to 7 years and 4 months. Maximum: 7 years, 4 months and 1 day to 8 years Suspension Minimum ‘And Medium Minimum: 6 months and 1 day to 8 years, Medium: 1 year, 8 months and 21 days to 2 years, 11 months and 10 days Maximum: 2 years, 11 months and 11 days to 4 years and 2 months Suspension Minimum: 6 months and 1 day to 1 year, 8 months and 20 days Medium: 1 year, 8 years and 21 days to 2 years, 1months and 10 days Maximum: 2 years, 14 months and 11 days to 4 years and 2 months Unjust interlocutory order. Prosecution of offenses; negligence and tolerance. Anticipation of duties of a public office Page 87 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Wi. SPECIAL LAWS. A. ANTLARSON LAW (PD 1613); (RA 7659) Q: How is Simple Arson committed? ‘A: Simple arson is committed when fire is inflicted: 41) to the property of another; OR 2) to his own property under circumstances ‘which expose to danger the life or property of another (Sec. 1). Q: How is Destructive Arson committed? A: Destructive Arson is committed if the property burned is any of the following [PUTEMI 1) Anybuilding, devoted to the Public in general, regardless of whether the offender had knowledge that there are persons in said building and whether the building is actually inhabited or not; 2) Any building, and any appurtenances thereto, for public Utiity service; 3) Any train or locomotive, ship or vessel, airship or airplane, devoted to Transportation ‘or conveyance, or for public use, ‘entertainment or leisure; 4) Any building the buming of which is for ‘concealing or destroying Evidence of another violation of faw, or for concealing bankruptcy or defrauding ‘creditors or to collect from insurance (RA 7659, Sec. 10); 5) Any arsenal, shipyard, storehouse or Military powder or’ fireworks factory, ordinance storehouse, archives or general museum of the government; 6) Any inhabited ‘place, any storehouse or factory of Inflammable or explosive materials (Sec. 1, PD 1744). Q: What are other cases of arsons? A Other cases of arsons are the burning of: [G- PRIME] 4) Any government building: 2) Any plantation, farm, grain field, forest, etc; 3) Any railway or bus station, airport, wharf or warehouse’ 4) Any inhabited house or dwelling 5) Any rice mill, sugar mill, cane mill or mill central: 6) Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel (Sec. 3) Q: What are the Prima Facie evidence of Arson? A NP-SWIFT] 4) If a demand for Valuable consideration was made before the fire in exchange for the desistance ofthe offender or for the safety of the person or property of the victim, 2) If during the lifetime of the fire insurance Policy mote than two fires have occurred in the premises owned or under the control of the offender andior insured, 3) Fire started Simultaneously in more than one part of the building 4) If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been Withdrawn from the premises except in the ordinary course of business. 5) If the building or property is Insured for substantially more than its actual value at the time of the issuance of the policy 6) If substantial amount of Flammable materials, is stored within the building not necessary in the business of the offender nor for household use. 7) Wany contrivance designed to start a fire, or ashes or Traces of any of the foregoing are found in the ruins or premises of the bured building or property (Sec. 5, PD 1613). ANTI-CHILD PORNOGRAPHY ACT OF 2009 {RA 9775) Q: Who is a Child? A: Achild is 1) a person below eighteen (18) years of age OR over, but is unable to fully take care of himselffhersetf from abuse, neglect, cruelty, ‘exploitation or discrimination because of & physical or mental disability or condition; 2) a person regardless of age who is presented, depicted or portrayed as a child ‘a8 defined herein; and 3) a 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 (Sec. 3 (a)) Q: What is Child Pornography? A’ It refers to any representation, by whatever ‘means, of a child engaged in real or simulated explicit sexual activities (Sec. 3 (h)) Page 88 of 130 ATENEO CENTRAL BAR OPERATIONS 2018 CRIMINAL LAW Q: What is explicit sexual activity? A: Explicit sexual activity includes actual or simulated: 1) 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; 3) Masturbation; 4) Sadistic or masochistic abuse; 5) Lascivious exhibition of the genitals, buttocks, breast, pubic area and/or anus; 6) Use of any object or instrument for lascivious acts (Sec. 3(¢)) What are the punishable acts? [VP“FLEx-C*PA] 1) To provide a Venue for the commission of prohibited acts such as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business; 2) Tohire, Persuade, induce or coerce a child to perform in the creation or production of any form of child pomography; 3) To Produce or create any form of child pomography; 4) To Possess any form of child pornography: 5) To Possess any form of child pomography with the intent to sell, distribute, publish, or broadcast: Provided, that possession of three (3) or more articles of child pomography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; 6) For Film distributors, theaters and telecommunication companies to distribute any form of child pornography; 7) To engage in the Luring or grooming of a child; 8) To publish, sel, distribute, broadcast, Export cr import any form of child pornography; 9) Fora parent, legal guardian or person having Custody or control of a child to knowingly permit the child to engage in any form of child pornography; 10) To Gonspire to commit any of the prohibited acts stated in this section; 411) To engage in Pandering of any form of child pornography, 12)To wilfuly Access any form of child pornography (Sec. 4). Q: How is syndicated child pornography committed? A: Syndicated child pornography is committed when carried out by a group of 3 or more persons conspiring or confederating with one another (Sec. 5). C. ANTI-FENCING LAW (PD 1612); AND ITS IMPLEMENTING RULES AND REGULATIONS : What is Fencing? A: Itis an 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 (Sec. 2(a)) Q: What are the Elements of Fencing? A The elements are: [KRIB] 1) The accused Knows or should know that the article has been derived from the proceeds of the crime; 2) Robbery or theft has been committed; 3). The accused has Intent to gain for himself or for another; and 4) The accused, who is neither a principal or accomplice in the theft or robbery, Buys, receives or possesses, conceals, acquires, keeps, sells or disposes or in any manner deals with the proceeds of the crime (Ong v. People, G.R. 190475, 2013). What is the presumption on fencing? ‘A: 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 (Sec. 5). D. ANTI-GRAFT AND CORRUPT PRACTICES ‘ACT (RA 3019) Who are Persons Liable and what are the punishable acts under the law? [PAFICS] A 1) Public officer who shall perform any of the following acts: (Sec. 3) a. Persuading, or influencing another public officer’ to perform an act constituting a violation of rules and regulations duly promulgated by competent Page 89 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded or influenced to commit such violation or offense. b. Directly or indirectly requesting or receiving any gift, percentage, or benefit for himself or for any other person in connection with any contractor transaction between the government and any other party wherein the public officer in his official capacity has to intervene under the law. ©. Directly, or indirectly requesting or receiving any gift, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given. 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, fe. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, or preference in the discharge of his official function through manifest partiality, evident bad faith or gross inexcusable negligence. 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 g. Entering, on behalf of the Government, into any contract or transaction "manifestly and grossly disadvantageous to the samo, whether or not the public officer profited or will profit thereby. h. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. 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. 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 0 qualified or entitled. 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. 2) Spouse or any relative, by consanguinity or Affinity, within the 3rd civit degree, of th President of the Philippines, the Vice- President, the President of the Senate, or Speaker of the House of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract | or application with the government (Sec. 5). 3) Any person having Family or close personal relation with any public official who shall take advantage of such personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, request, or contract with the government in which such public official has toiintervene (Ibid). Page 90 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 4) Any person who shall knowingly Induce or cause any public official to commit any of the offenses under Sec. 3 of RA 3019 (Sec. 4(b)). 5) Any member of Congress, during the term for which he has been elected, who shall any personal pecuniary interest in any specific. business enterprise which shall be directly benefited by any law or resolution authored or recommended by him previously or adopted by Congress during his term; (Sec. 6) AND 6) Any public officer who shall fal to file a true, detailed and swom statement of assets and liabilities (SALN) within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7). Q: X, as mayor, heard rumors that all the port handlers in Port A such as Y were engaged in illegal smuggling and drug trading. Because of this, he refused to renew the business license of Y thus halting her operations for a year and causing the loss of her perishables. But, Y's other businesses were given permits and she had complied with all the requisites to renew her business license. Eventually, X renewed the license but Y filed a case against him for the violation of Sec 3(e) of the Anti- Graft and Corrupt Practices. Will the case prosper? A: Yes, the requisites of 3(e) of RA 3019 are (a) that the accused must be a Public Officer discharging administrative, judicial, or official functions (or a private individual acting in conspiracy with such public officers); (b) that he acted with manifest partiality, evident bad faith, or inexcusable negligence: and (c) that his action caused any undue injury to any party, including the goverment, or giving any private party unwarranted benefits, advantage, or preference in the discharge of his functions. For the 1st element, X is a Mayor so he is @ Public Officer. For the 2nd element, X had both manifest partiality and bad faith. There is "manifest partiality” when there is a clear, notorious, or plain inclination or predilection to favor one side or person rather than another. Meanwhile, there is "evident bad faith" if there is bad judgment, and palpably and patently fraudulent and dishonest purpose to do moral obliquity or conscious ‘wrongdoing for some perverse motive or ill wil Manifest partiality is shown by the fact that only Y's license was not renewed despite the rumors saying all the ship handlers of Port A were engaged in illegal activities, and that Y's other businesses were given permits. There was also bad faith since Y had already done the requirements to renew her license. X denied her the permit based on rumors without giving Y the chance to rebut them, thus denying her due process. For the 3rd element, the act of X caused the loss of Y's perishables and her opportunity to do business. (Fuentes v. People, G.R. No. 186421, April 17, 2017) E.ANTI-HAZING ACT OF 2018 (RA 8049, AS ‘AMENDED BY RA 11053 What is Hazing? A: Hazing is: 1) Any act that results in physical or psychological suffering, harm, or injury; 2) Inflicted on a recruit, neophyte, applicant, or member as part of an practice made as a prereqi admission or a requirement for continuing membership in a fratemity, sorority, or organization: 3) Including, but not limited to, paddling, whipping, beating, branding, forced calisthenics, exposure to the weather, forced consumption of any food, liquor, beverage, drug or other substance, or any other brutal treatment or forced’ physical activity which is likely to adversely affect the physical and psychological health of such recruit, neophyte, applicant, or member. 4) Additionally, hazing includes any activity, itentionally made or otherwise, by one person alone or acting with others, that tends to humiliate or embarrass, degrade, abuse, or endanger, by requiring a recruit, neophyte, applicant, or member to do menial, silly, or foolish tasks. (Sec. 2) What the law? A: It is an organized body of people which includes, but is not limited to, any club, association, group, fratemity, and sorority. This, term shall include the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP), the Philippine Miltary Academy (PMA), an Organization as defined under Page 91 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW the Philippine National Police Academy (PNPA), and other similar uniformed service-learning institutions. (Sec. 2) Q: What forms of hazing are prohibited? ‘A: All forms of hazing shall be prohibited in fraternities, sororities, and organizations in schools, including citizens’ military training and citizens’ army training, including not school- based such as community-based and other similar organizations. (Sec. 3) HOWEVER, the following shall not be considered hazing: 1) Tests, trainings, practices and procedures employed for prospective regular members of the Armed Forces of the Philippines (AFP) and Philippine National Police (PNP), as approved by the Secretary ‘of National Defense and the National Police Commission duly recommended by the Chief of Staff of AFP and the Director General of PNP: 2). Similar procedures and practices approved by the respective heads of other uniformed learning institutions as to their prospective members; and, 3) Any customary athletic events or other similar contests and competitions, or any activity or conduct that furthers a legal and legitimate objective, subject to prior submission of @ medical clearance or certificate. No hazing shall be made a requirement for ‘employment in any business or corporation. Q: What initiation rites or practices do not constitute hazing? ‘A: School-based initiation rites do not constitute hazing provided that — 1) A written application to conduct initiation Fites shall be made to the proper authorities of the schoo! not later than seven (7) days prior to the conduct of initiation; 2). The written application must indicate: a) Place and date of the initiation rites; b) Names of the recruits, neophytes or applicants to be initiated; ©) Manner by which they will conduct the initiation rites; and, 4d) Names of the incumbent officers of the fratemity, sorority, or organization and any person or persons who will take charge in the conduct of the initiation rites: 3) The application shall be under oath with a declaration that it has been posted in the official school bulletin board, the bulletin board of the office of the fratemity, sorority, or ‘organization, AND two (2) other conspicuous places in the school or in the premises of the organization 4) The application shall be posted from the time of submission of the written notice to the school authorities or head of organization and shall only be removed from its posting three (3) days after the conduct of the initiation rite: 5) The initiation rites shall not last more than three (3) days; and, 6) There are at least two (2) representatives of the school present during the initiation. ‘School officials shall have the authority to impose after due notice and summary hearing, disciplinary sanctions, in accordance with the school's guidelines and regulations on the matter. ‘All members of the fratemity, sorority, or organization, who participated in the Unauthorized initiation rites, even if no hazing was conducted, shall also be punished accordinaly, Q: Who are the persons liable under the law? ‘A: The following persons are liable as under the law as principals ~ 1) All persons who actually planned OR participated in the conduct of the hazing; 2) All incumbent and former officers, nonresident members, or alumni of the fratemity, sorority or organization who are actually present during the hazing 3) The adviser of the fratemity, sorority or organization who is ~ a) Present when the acts constituting the hazing were committed; and b) Failed to take action to prevent the ‘same; or, ©) Failed to promptly report the same to the law enforcement authorities, if such adviser or adviser or advisers can do so without peril to their person or their family 4) Officers or members who knowingly cooperated in camying out the hazing by inducing the victim to be present thereat: Page 92 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 5) Members who are present during the hazing when they are intoxicated or under the influence of alcohol or illegal drugs; 6) Any person who shall intimidate, threaten, force, or employ, or administer any form of vexation against another person for the purpose of recruitment in joining or promoting a particular fraternity, sorority, or organization. The persistent and repeated proposal or invitation made to a person who had twice refused to participate or join the proposed fraternity, sorority, or organization, shall be prima facie evidence of vexation. 7) Owner or lessee of the place where hazing is conducted, when he has actual knowledge of the hazing but falled to take action to prevent the same, OR failed to promptly Fepor the same if they can do so without peri to their person or their family; 8) Parents if held in the home of one of the officers or members of the fraternity, group, or organization, when they have’ actual knowledge the hazing conducted but failed to take any action to prevent the same OR failed to promptly report the same if they can do so without peril to their person or their family The presence of any person, even if such person is not a member of the fraternity, sorority, or organization, during the hazing is prima facie evidence of participation therein as a principal, unless such person or persons prevented the commission of the acts punishable, or promptly reported the same to the law enforcement authorities if they can do so without peril, to their person or their family. The following persons are liable as under the law as accomplices — 1) School authorities, barangay, municipal or City officials who consented to the hazing or who have actual knowledge, but failed to take any action to prevent the same, OR failed to promptly report the same if they can do so without perl to their person or their family; E. PROHIBITING CERTAIN ACTS INIMICAL TO CIVIL AVIATION, ALSO KNOWN AS THE ANTI- Hd WW (RA 6235) Q: What are the prohibited acts under the law? [CLE] A 1) Compelling a change in the course or destination of an aircraft of Philippine reaistry. or seizing or usurping the control thereof while it is In flight; 2) Compelling an aircraft of foreign reaistry to and in the Philippine territory or to seize or usurp the control thereof while itis in the said territory; and, 3) Shipping, loading, or carrying in any passenger aircraft operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance or material (Secs. 1 and 3). Q: When is an aircraft considered in flight? A: 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 (Sec. 1) G. ANTI-PHOTO AND VIDEO VOYEURISM ACT ‘OF 2009 (RA 9995) Under this Act, the following terms shall be defined as follows: 1) Broadcast — to make public, by any means, a visual image with the intent that itbe viewed by a person or persons; 2) Capture — with respect to an image, means to videotape, photograph, film, record by any ‘means, or broadcast; 3) Private area of a person — the naked or undergarment clad genitals, pubic area, buttocks or female breast of an individual (Sec. 3). What are the prohibited acts under this law? & 1) 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/s such as the naked or undergarment clad genitals, pubic area, buttocks or female breast without the consent of the person/s involved and under circumstances in which Page 93 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW the person/s has/have a reasonable expectation of privacy, 2) 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; 3) 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 4) 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 VCDIDVD, internet, cellular phones and other similar means or device. ‘+ The prohibition under nos. (2) to (4) shall apply notwithstanding that consent to record or take photo or video ‘coverage of the same was given by such personis (Sec. 4). Q: When does a person have a reasonable expectation of privacy? ‘A: A person has a reasonable expectation of privacy under circumstances in which a reasonable person would 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 (Sec. 3). H.ANTL-PLUNDER ACT (RA 7080, AS AMENDED BY RA 7659) : What is Ill-Gotten Wealth? ‘A; It covers any assel, properly, business enterprise or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, andlor business associates by any combination or series of the following means or similar schemes: [FU-DAMP] (Sec. 1(d)) 1) By oblaining, receiving or accepting, directly or indirectly, any form of interest or Participation, including the promise of future employment in any business enterprise or undertaking; 2) 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; 3) By the illegal or fraudulent conveyance or disposition of government assets; 4) 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; 5) Through misappropriation, conversion, misuse or malversation of public funds; and, 6) By receiving, directly or indirectly, any form of pecuniary benefit from any person and/or entity in connection with any government ‘contract or project or by reason of the office. Q: What is “combination”? A: It refers to at least two (2) acts falling under different categories of enumeration (Sec. 1(4)). Q: Whatis “series”? ‘A: Itrefers to two (2) or more overt or criminal acts. falling under the same category of enumeration found in sec. 1, par. (d), say, misappropriation, malversation and raids on the public treasury, all of which falls under sec. 1, par. (d), subpar. (1) “Verily, had the legislature intended a technical or distinctive meaning for “combination” and “series’, it would have taken greater pains in specially providing for it in the law’ (Estrada v. Sandiganbayan, G.R. No. 148560, 2001). ‘Any person who participated with the said public officer in the commission of plunder is also liable under this law. Q: What are the elements of Plunder? A: [PAC-50] 1) Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates and subordinates or other persons; 2) Amasses, accumulates, or acquires ill gotten wealth; 3) through a combination or series of overt or criminal acts as described under above; and 4) in the aggregate amount or total value of at least 50 MILLION PESOS, shall be guilty of the ctime of plunder (as amended by RA Page 94 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 7659) (Estrada v. Sandiganbayan, G.R. No, 148560, 2001) Q: What is the Rule of Evidence? A: For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall Unlawful scheme or conspiracy (Sec. 4). | ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) Q: Who are the persons liable? A: They are the employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having [AIM] authority, influence or moral ascendancy over another in a work or training or education environment (Sec. 3), Q: What are the punishable acts under the law? ‘A: [WE] 1) Work-Related or Employment Environment: a) Sexual favor is made as a condition: i. For hiring or employment; Re-employment or continued ‘employment; ii, Granting promotions, favorable compensation, or privileges; or, iv, Refusal to grant the sexual favor results in classifying the employee which would discriminate or deprive employment opportunities or otherwise adversely afect said employee b) Acts would impair the employee's rights or privileges under existing labor laws; and, ©) Acts would result in an intimidating, hostile, or offensive environment for the employee 2). Education or Training Environment a) Against one who is under the care, custody or supervision ofthe offender; b) Against one whose education, training apprenticeship or tutorship is entrusted to the offender, ©) Sexual favor is made a condition: iL giving of a passing grade or ii, granting of honors and scholarships or ii, payment of | a_ stipend, allowance or other benefits, privileges, or consideration 4) The sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice (Sec. 3). Q: What is the liability of the Employer, Head of Office, Educational or Training Institution? ‘A: He shall be solidarily liable for damages if informed of such acts by the offended party and 1no immediate action is taken (Sec. 6). J. ANTL-TORTURE ACT 7a Q: What are the elements of Torture? A [SIP2-PIDI] 1) Any act by which severe physical or mental pain or suffering: 2) Is inflicted by oF at the instigation of or with the consent or acquiescence of a person in authority or his agent; 3) Intentionally inflicted on a person; 4) For the purpose of a) Punishment for an act he or a third Person has committed, or is suspected of having committed; b) Intimidation or coercion: ©) Any reason based on discrimination of any kind: and 4) Obtaining information or a confession (See. 3(2)). What acts are considered as other cruel, inhuman and degrading treatment or punishment? ‘A: Acts which are deliberate and aggravated treatment or punishment not enumerated under Section 4 of RA 9745 inflicted by a person in authority or agent of a person in authority against ‘a person under his/her custody, which attains a level of severity causing suffering, gross humiliation or debasement to the latter. (Sec. 3 [b) Q: What are acts of Torture? A: [PMO] 1) Physical Torture — Form of Treatment or Punishment inflicted by a Person in Authority Upon Another in His Custody that causes Page 95 of 130 ATENEO CENTRAL BAR OPERATIONS 2018 CRIMINAL LAW severe Pain, Exhaustion, Disability or Dysfunction in one or more Parts of the Body. 2) MentalPsychological Torture - Acts Committed by a Person in Authority or His Agent which are Calculated to Affect or Confuse the Mind and/or Undermine a Person's Dignity and Morale. 3) Other Cruel, Inhuman and Degrading Treatment or Punishment (Sec. 4) Q: Can the crime of Torture absorb or be absorbed by any other crime or felony? A: No. Torture is a separate and independent crime whose penalties shall be imposable without prejudice to any other criminal liability provided Tor by domestic and international laws (Sec. 15). K. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED BY RA 10364) Q: What are the punishable acts? A: To recht, obtain, offer, maintain, or transfer: [PORSE-A*T? FMO] 1) A person, by any means, for Prostitution, pomography or sexual exploitation; 2) Apperson, by means of threat, force, fraud, deceit, violence, coercion or intimidation for the removal or sale of his Organs; 3) Achild, to engage him in aRmed activities in the Philippines or abroad; 4) A person, for forced labor, slavery, debt bondage, and involuntary servitude; 5) A child, for Exploitation or trading them; 6) To adopt persons by any form of consideration or to facilitate the same; 7). To adopt or facilitate the adoption of persons; 8) Forthe purpose of acquiring, buying, offering, selling or Trading to engage in prostitution Pomography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 9) To undertake or organize Tours and trav plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; 10) To introduce or match for money, profit, or other consideration, any person or any Filipino woman to @ Foreign national, for marriage; and 11) To offer or contract Marriage, real or simulated; 12)To Organize or direct other persons to commit the offenses defined as acts of trafficking under this Act (Sec. 4) Q: Should trafficked persons be penalized under the law? ‘A: No. Trafficked persons shall not be penalized for unlawful acts committed as a direct result or incident, or in relation to being trafficked enumerated in this act. In this regard, the consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant (Sec. 17). : Is there any relevance to past sexual behavior? ‘A: No. 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. ‘The consent of a victim of trafficking to the intended exploitation shall be irrelevant where any of the means of trafficking has been used (Sec. 17-8). Q: When shall trafficking in persons be qualified? ‘A When itis committed by the following [CAS*MPAPE] 41) The vietim is a Child; 2) An Adoption is made under the Inter-Country ‘Adoption Act of 1995 (RA8043) for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude, or debt bondage; 3) Itis committed by a Syndicate (committed by 3 of more people in conspiracy) or in large scale (committed against 3 or more persons); 4) The offender is a Spouse, ascendant, parent, sibling, guardian, or person with authority over the victim, or is 2 public officer or employee; 5) Victim is recruited to engage in prostitution with a member of the Miltary or law enforcement agency; 6) Offender is a member of the Miltary or law enforcement agency; 7) Because of the trafficking, victim dies, becomes insane, mutilated, or afficted with HIV or AIDS; Page 96 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 8) Offender commits one or more acts punished by this law for a Period of over 60 or more days; 9) Offender directs or tu another manages the Vietim in carrying out the Exploitive purpose of trafficking. (Sec. 6) Q: X and Y are the parents of A, B, and C. X and Y were charged with 4 counts of qualified trafficking in persons. The information alleged that the parents would make their 14, 10, and 9 year old children perform sexual activities on camera for online clients, and that once, Y brought A to an ‘American client in Makati for prostitution. X and Y were convicted on 3 and counts of qualified trafficking, respectively. Is the conviction correct? A: Yes. The act of trafficking in persons is committed when one. ‘recruits, transports, transfers, harbors, provides or receives a person by any means [...] for the purpose of prostitution, pornography, sexual exploitation [1 and when one maintains or hires a person to engage in prostitution or pomography. The crime of trafficking in persons becomes qualified under the circumstances where the trafficked person is a child, and when the offender is an ascendant, parent, sibling, guardian or other person exercising authority over the trafficked person. Here, qualified trafficking in persons was established since prosecution showed beyond reasonable doubt that X and Y were the parents of A, B, and C, who are all their minor children; that they made their children perform cybersex acts for foreign clients, thereby engaging them in prostitution and pomography; they received money in exchange for the sexual exploitation of their children; and they achieved their criminal design by taking advantage of their children’s, vulnerability by deceiving them that the money the children make from they lewd shows is needed for the family’s daily sustenance. (People v. XXX, G.R. No. 235652, Jul. 9, 2018) @: Members of the Regional Anti-Human Trafficking Task Force (RAHTTF) conducted surveillance on establishment X since its customers would come in and pay for sexual intercourse with X’s Guest Relations Officers (GROs). They conduct an entrapment operation which results in multiple arrests and the rescue of women and minors. Later on, 6 of these women execute affidavits identifying A and B as the owner of X Thereafter, A and B were charged with violating the Anti-Trafficking in Persons law. The RTC, however, dismissed the case against A’and B for lack of probable cause. They said the affidavits of the women together ‘those of the RAHTTF members falled to show that A and B knew of the illegal operations of X, and that the Deed of ‘Assignment by A and B showed that X was no longer owned by them. Was the RTC correct in dismissing the case? ‘A: No, a judge may only dismiss a case for lack of probable cause if records readily show luncontroverted and established facts which unmistakably negate the existence of the elements of the crime charged. Here, the prosecution was able to establish a prima facie case for the violation of the Anti-Trafficking in Persons law (RA 9208). Also, the defense of A ‘and B that they are no longer the owner of X is ‘evidentiary in nature, so itis best threshed out in a full-blown trial. Thus, the proper course of action fn the part of the RTC was not to dismiss the case but to proceed to trial. (Young v. People, G.R. No, 213910, February 03, 2016) ANTI-VIOLENCE AGAINST WOMEN AND ‘CHILDREN ACT OF 2004 (RA 9262] Q: What is the Battered Woman Syndrome? A: It refers to a scientifically defined pattern of psychologically and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Victim-survivors suffering from battered woman syndrome do not incur any criminal and civil ity notwithstanding the absence of any of the elements for justifying circumstances of self- defense under the RPC (Secs. 3 & 26) Cycle of Violence 1) Tension building phase; 2) Acute battering incident; AND 3) Tranquil, loving phase (non-violent phase) (People v. Genosa, G.R. No. 1395981, 2004), NOTE: In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists and psychologists. (Sec. 26) Page 97 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW : What are the different types of violence that can be committed against women and children? A: [PEPS] 41) Bhysical Violence- Refers to acts that include bodily or physical harm 2) Sexual Violence - Refers to an act which is sexual in nature, committed against a woman or her child 3) 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 pomography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody andlor visitation of common children. 4) Economic Abuse - Refers to acts that make oF attempt to make a woman financially dependent (Sec. 3(4)). Q: What are the acts of violence against women and their children? A: [CTAACO-SRA] 1) Causing physical harm to the woman or child: 2) Threatening to cause physical harm to woman or child 3) Attempting to cause physical harm to woman, or child ; 4) Placing woman or child in fear of Imminent physical harm: 5) Attempting to Compe! woman or child from engaging in conduct they have a right to desist from, or restrict them from conduct they have a right to engage in; 6). Infilcting or threatening to infict physical harm to Oneself to control their actions or decisions; 7) Causing or Attempting to cause them to engage in Sexual activity, not rape, thru force, physical harm, or intimidation; 8) Engaging in purposely Reckless conduct that cause them substantial emotional or psychological distress; 9) Causing them mental or emotional Anguish, public ridicule. or humiliation. (Sec. 5) @: Against whom are the said violent acts committed? A: Said violent acts are committed against 1) Awoman: a) who is his wife, b) who is his former wife, or ©) with whom the person has or had a sexual or dating relationship, or ) with whom he has a common child 2) The woman's child: a. whether legitimate or illegitimate, within or without the family abode (Sec. 3). Q: What are the different protection orders granted under the law? ‘A: The different protection orders are: 1) Barangay Protection Order (BPO) ~ Issued by punong barangay, after ex parte determination of the basis of the application, Which orders perpetrator to desist from ‘committing acts under Section 5 (1) and (2) of this Act. Effective for fifteen (15) days. 2) Temporary Protection Order (TPO) Issued by the court on the date of filing of the application after ex parte determination that such order should be issued. Effective for at least a period of thirty (30) days and may be extended by order of the court. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. 3) Permanent Protection Order (PPO) — Issued by the court after notice and hearing Effective until revoked by a court upon application of the person in whose favor the order was issued (Sec. 14-16), @: KKK executed a Complaint-Affidavi alleging that her husband raped her at their residence and then boxed her shoulder days after the rape incident for refusing to have sex with him. There were also several incidents when he would force KKK into having sex with him by destroying her clothes and underwear, ‘sometimes even in front of their children. The accused however posits that consent to copulation is presumed between cohabiting husband and wife unless the contrary Page 98 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW proved and that the standards for determining the presence of consent or lack thereof must be adjusted on the ground that sexual community is a mutual right and obligation between husband and wife. Can rape exist within a marriage? A Yes. R.A. No 8353 is one of the measures that eradicated the archaic notion that marital rape cannot exist because a husband has absolute proprietary rights over his wife's body and thus her consent to every act of sexual intimacy with him is always obligatory or at least, presumed. Rape, as a form of sexual violence, exists within marriage. A man who penetrates her wife without her consent or against her will commits sexual violence upon her. He cannot be permitted to violate this dignity by coercing her to engage in a sexual act without her full and free consent CEDAW and its accompanying Dectaration, defines and penalizes the act as rape under R.A. No. 8353. (People v. Jumawan, G.R. No. 187495, 2014) : X and Y have a common child together but are not married. X cheated on Y, so they broke up. X was charged and convicted of a violation of the VAWC law on economic abuse, Sec.5(e) of RA 9262, since he was not complying with the order of the court to give support to his illegitimate son with Y. X says that since the information alleged that the acts complained of caused mental or emotional anguish, public ridicule, or humiliation to Y and the son, the conviction is improper since those are elements to be alleged in relation to Sec. 5(i) instead. Is the conviction correct? A: Yes, the conviction under Sec. 5(e) of the VAWC' Law is proper. Economic abuse may include the deprivation of support of a common child of the man-accused and woman-victim, whether the common child is legitimate or not The deprivation of financial support is considered the act of violence against women and children The act of denying support to a child is a continuing offense. Under Sec. 5(i), a form of psychological violence, punishes the act of causing mental or emotional anguish, public ridicule, or humiliation to the woman and her child including emotional and verbal abuse as well as the denial of financial support. The prosecution showed that X deprived Y and the child of support, no evidence was adduced to show the deprivation caused either of them any mental or emotional anguish. Conviction under Sec. 5(e) is proper since the deprivation or denial of support by itself, without the element of psychological violence, is already specifically penalized therein. (Melgar v. People, GR. No. 223477, Feb. 14, 2018) M. BOUNCING CHECKS LAW (BP 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR VIOLATION OF BP 22 AND ADMINISTRATIVE CIRCULAR NO. 13-2001 RE: ‘CLARIFICATION OF ADMIN. GIR. NO. 12-2000: ‘AND PD 1689 (INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA) Q: What are the elements of Sec. 1, par. 1 (Act ? A: [MKIW5] 1) Any person Makes or draws and issues a check to apply on account or for value 2) Atwhich time, he had Knowledge that he does not have sufficient funds in the drawee bank for the payment of such check in full upon its presentment 3) The (a) drawee bank dishonors the check for Insufficiency of funds, lack of funds, or account closed; or (b) would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment, 4) The payee or holder of the dishonored check gives a Written notice of dishonor and demand for payment 5) After receipt of the written notice and demand, refuses or fails to pay the value of the check within 5 banking days, Q: Whatare the elements of Sec. 1, Par. 2 (Act 22 A: [M-S-F-D-W5] 1) Any person Makes or draws and issues a check 2) He had Sufficient funds in or credit with the drawee bank 3) He Failed to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within 90 days from the date appearing thereon 4) The drawee bank Dishonors the check for such reason 5) The payee or holder of the dishonored check gives a Written notice of dishonor and demand for payment Page 99 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 6) After receipt of the written notice and demand, refuses or fails to pay the value of the check within § banking days Q: What is the evidence of knowledge of “Insufficient Funds”? ‘A: The making, drawing and issuance of a check payment of which is refused by the drawee because of insufficient funds in or credit with such bank, when presented within 90 days from the date of check, shall be prima facie evidence of knowledge unless such maker or drawer pays the holder the amount due, or makes arrangement, within 5 banking days after receiving the notice of dishonor. (Sec. 2) Q: What is the Rule on Notice of Dishonor? A: It states that the drawer should give him the ‘opportunity to make good the value of the check within § banking days by sending a notice of dishonor. Q: X issued to Y a check in the amount of 50,000 to apply on account or for value, despite knowledge of insufficiency of funds in the drawee bank; which check when presented for encashment was dishonored by the drawee bank for the reason "ACCT. CLOSED"; and despite notice of dishonor and demands for payment, X failed pay the holder thereof or to make arrangements for payment in full by the drawee of such check within five (5) banking days after receiving the notice of dishonor. The said notice was given through registered mail to which X denies having receipt of. Is X liable for BP 22? (BERSAMIN) ‘A: No. For a violation of BP 22, the following elements must be present: (1) The making, drawing, and issuance of any check to apply for account or for value; (2) The knowledge of the maker, drawer, or issuer that at the time of issue there were no sufficient funds in or credit with the drawee bank for the payment of such check in full ‘upon its presentment; and (3) The dishonor of the check by the drawee bank for insufficiency of funds or credit or the dishonor for the same reason had not the drawer, without any valid cause, ordered the drawee bank to stop payment. Here, the third element is missing ‘The notice of dishonor to be given to the drawer, maker or issuer of a check should be written. If the service of the written notice of dishonor is by registered mail, the proof of service consists not only in the presentation as evidence of the registry return receipt but also of the registry receipt together with the authenticating affidavit of the person mailing the notice of dishonor. Without the authenticating affidavit (lacking in this case), the proof of giving the notice of dishonor is, insufficient unless the mailer personally testifies in court on the sending by registered. mail Therefore, X is not liable (Resterio v. People, GR 177438, 2012) N, COMPREHENSIVE DANGEROUS DRUGS AGT OF 2002 (RA 9165, AS AMENDED BY RA 10640) Q: What are the punishable acts under the law? A: [MISDEA-FUC-CA-PAGI-WY] 1) Manufacture of Dangerous Drugs andior Controlled Precursors and Essential Chemicals; 2) Importation of dangerous drugs andlor controlled precursors and essential chemicals, regardless of quantity or purity involved; 3) Sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or_—_controlled precursors and essential chemicals; 4) Maintenance of a Den, Dive or Resort 5) Being an Employee of a den, dive or resort, who is aware of the nature of the place as such; 6) Any person who is Aware of the nature of the place as a den, dive, or resort, and knowingly Visits the same; 7), Eallure to maintain or keep original records of transactions on Dangerous Drugs and/or controlled precursors and essential chemicals; 8) Use of Dangerous Drugs, afler being found Positive via a confirmatory test; 9) Cuttvation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof; 10) legal Chemical Diversion of Controlled Precursors and Essential Chemicals; 11) Manufacture or Delivery of Equipment, Instrument, Apparatus, and = Other Paraphemalia for Dangerous Drugs andior Controlled Precursors and Essential Chemicals; 412) Possession of Dangerous Drugs, regardless Of purity of the quantities laid down in the Act; Page 100 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 13) Possession of equipment, instrument, Apparatus and other paraphernalia for fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; 14) Possession of dangerous drugs during parties, social Gatherings or meetings, or in the proximate company of at least two (2) persons, regardless of quantity and purity, shall suffer maximum penalty; 15) Possession of equipment, _ instrument, apparatus and other paraphemalia for fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body, during parties, social gatherings or ‘meetings, or in the proximate company of at least two (2) persons, shall suffer maximum. penalty; 16) UnlaWful prescription of drugs; and 17) UnnecessarY prescription of dangerous drugs (Art. Il). Q: What Is the Chain of Custody Rule? A: The chain of custody rule is a procedure that ‘must be followed by enforcement agencies and officers to establish the integrity of the drugs confiscated [IFO-ODS-BOP-N] 1) At the place where the search warrant is served, or nearest police station, or nearest office of the apprehending officerlteam, there must be the Inventory and photographs done in the presence of the accused, or his/her representative or counsel with: a) An elected public official; and b) Representative of ‘the _National Prosecution Service or the media, 2) Within 24 hours from seizure, items must be submitted to the PDEA Forensic laboratory for examination. 3) Immediately upon receipt of the subject item/s, @ certification under oath of the forensic laboratory examiner shall be made. 4) Within 72 hours from filing of criminal case, an ‘cular inspection shall be made 5) Within 24 hours from fling of ocular, the drugs seized must be destroyed by the PDEA 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 DOJ, civil society groups and any elected public official, 6) Arepresentative sample in min. quantity shall be retained. Those that belong to lawful commerce shall be donated or recycled for legitimate purposes. 7) Sworn certification of destruction shall be issued by the Board and submitted to the court with jurisdiction of the case, along with the sample, 8) Accused or representative are allowed to ‘gbserve proceedings. If accused has no ‘counsel within 72hrs from written notice prior to destruction, court shall appoint a counsel from PAO. 9) Within 24 hours from receipt of judgment — trial prosecutor shall inform the Board and request for leave to tum over the samples to PDEA for destruction. Provided, that non-compliance with 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 invalid such seizures and custody over said items (Sec. 21). Q: What are the instances when the Chain of Custody Rule is violated? & 1) Accused was not present during the photography of the seized items (People v. Cordova, 231130, 2018): 2) A representative of either the National Prosecution Service or the media was absent during the photography and inventory of the seized items (People v. Cordova, 231130, 2018); 3) Three days had passed since the items were seized from the accused (People v. Cordova, GR. No. 231130, 2018): 4) Two separate inventories were conducted which were attended by different witnesses (People v. Cabrellos, G.R. No. 229826, 2018); 5) The drugs were tured over to the crime laboratory 10 days after seizure (People v. Ching, G.R. No. 223556, 2017): 6) The drugs were turned over immediately to the crime laboratory, without it being first delivered to an investigating officer (People v. Calibod, G.R. No. 230230, 2017): 7) The drugs were not directly tured over to the forensic chemist. Instead, it was only left Page 101 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW within the premises of the crime laboratory (People v. Calibod, G.R. No. 230230, 2017): 8) There were discrepancies in the labels of the seized items (People v. Alvaro, G.R. No. 225596, 2018): 9) There was a discrepancy in the weight of the seized items (People v. Ramos, G.R. No. 233744, 2018): 10) There was a discrepancy in the number of the sachets shown in the photographs and the number of sachets for which the accused is being charged of illegally possessing (People v. Lumaya, G.R. No. 231983, 2018); 11) No physical inventory was conducted for the items taken (People v. Mercader, G.R. No. 233480, 2018); 12) No photographs of the seized items were taken (People v. Mercader, G.R. No, 233480, 2018). Q: What are links that the prosecution must endeavor to establish with respect to the Chain Of Custody in a buy-bust operation: A: The following links must be established: 4) Seizure and marking of the illegal drug recovered from the accused by the apprehending officer 2) Turnover of the illegal drug seized by the apprehending officer to the investigating officer 3) Tum over by the investigating officer of the illegal drug to the forensic chemist for laboratory examination 4) Tumover and submission of the marked illegal drug seized by the forensic chemist to the court (People v. Watamama, G.R. No. 18871, 2014), Q: X was charged with a violation of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Several personal non-drug effects were taken from him by the PDEA, including a 2004 Honda Accord car. X filed a motion to demand for the car's return, alleging that the car did not belong to him but to his wife, who did not participate in the crime. The lower court released the car. CA affirmed. The PDEA objected, Whether the car should be released? ‘A: No. A proper court may order the retum of property solely held as evidence should the government unreasonably delay in bringing a ‘criminal prosecution. Pursuant to Section 20 of RA 9165, proceeds and instruments or tools shall be confiscated in favor of the government, unless they be the property of a third person not liable for the offense. However, in this case, the release of the car was made prematurely. The determination of whether any article confiscated in relation to the unlawful act would be subject of forfeiture could be made only when the judgment was to be rendered in the proceedings. Hence, lower courts should comply strictly with Section 20 and should not release articles, whether drugs or non-drugs, for the duration of the trial and before the rendition of the judgment, even if owned by a third person who is not liable for the unlawful act (PDEA v. Brodett, G.R. No. 196390, 2011) Q: An informant went to the authority to report the illegal drug dealings of the accused on Reparo Street, Bagong Barrio, Caloocan City. The authority immediately acted on the report through a buy bust operation. The buy-bust team designated X as the poseur buyer. It was, agreed that the informant would drop a cigarette butt in front of the suspect to identify him to X; and that X would scratch his head to signal to the buy-bust team that the transactions with the suspect had been consummated. The plan was. successfully initiated by the authority thereafter the accused was charged with illegally selling shabu in violation of Section 5, Article Il of RA 9165. Was the operation an entrapment or an instigation? A: Entrapment. A buy-bust operation, considered as a form of entrapment, is a valid means of arresting violators of RA 9165. In a buy-bust operation, the idea to commit a crime originates from the offender, without anybody inducing or prodding him to commit the offense. Moreover, prior surveillance is not necessary to render a buy-bust operation legitimate, especially when the informant accompanies the operation to the target area. A police officers act of soliciting drugs from the accused during a buy-bust operation, or what is known as a “decoy solicitation,” is not prohibited by law and does not render invalid the buy-bust operations (People v Bajo, GR 191726, 2013). Q: A buy bust operation was conducted in McDonald's where Respondents A and B sold 200 pills of ecstasy to the poseur buyer. A and B were seated beside each other when the Page 102 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW poseur buyer arrived. A waved at him. Upon approaching their table, A handed a cough syrup box containing the pills to B, who in turn handed it to the poseur buyer. The latter handed the two stacks of marked boodle money to B. They were thereafter arrested and convicted. Only B appealed arguing that he was only implicated because he was in the company of A during the buy-bust, and that a real drug pusher would not just approach anyone in order to sell drugs. Was it sufficiently established that B acted in conspiracy with A? A: Yes, because a conviction for illegal sale of dangerous drugs like ecstasy is proven by: a) the identity of the buyer and seller, b) the delivery of the thing sold and the payment thereof. The decisive proof is that the sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. In this case, the poseur buyer testified that respondents sold ecstasy to him during the buy-bust operation; and that he recovered the buy-bust money from A after the sale. The certification of the forensic chemist of the presence of a dangerous drug, the 200 ecstasy pills, and marked money were all presented in court. Records also show that B acted in conspiracy with A based on the testimony of the poseur buyer to the effect that they were of cone mind in selling ecstasy to him. The respondents acted with a common purpose and community of interest during the transaction (People v. Medenceles, G.R. No. 181250, 2012). Q: A team was formed to conduct a buy-bust operation against X. The officer-poseur-buyer was given a bill as buy-bust money, on which he placed his initials. Said officer and an informant then approached X as the rest of team took up positions nearby. The informant left, and an exchange of shabu was made between the officer and X. The officer signaled the back-up members, who rushed forward and arrested X. Was’ the illegal sale and possession of shabu established beyond reasonable doubt? A: Yes, What is material in prosecutions for illegal sale of shabu is the proof that the transaction or sale actually took place, coupled with the presentation in court of the corpus delicti as evidence. (People v. Santos, GR. No. 177320, 2010) @: Accused X was caught carrying a box containing several kilograms of shabu. X claims that, while he indeed had possession of the box, he had merely been asked by a certain Y to deliver the box to a 3" party and that X had no knowledge of the content of the box. When apprehend by the NBl, X tried to escape their custody. He was eventually caught with even more drugs and thus the appropriate information was filed against him. These defenses were not accepted by the RTC and CA, grounding their rulings on the fact that mere possession of a prohibited drug is enough for conviction unless there is convincing testimony that the accused had no actual knowledge of the possession. As such, is the mere denial of knowledge of possession sufficient enough basis to acquit X? A: No, The Court ruled that there must be animus possidendi on the part of the accused, such being indispensable. The same, however, is a state of mind and must be proven by facts and actions, not the mere denial of possession. X's own admission of possession is enough cause to convict him as there is a presumption of intent that can only be overturned by the credible action and testimony of the defense. The actions of X (evading custody and the hardly believable story of being asked to serve a courier of the drugs) showed the intent to possess and thus could not, overturn the evidence against him (People v. De Los Santos, G.R. No. 170839, 2012). Accused-appellants are charged with violations of Sections 5 and 11 of RA 9165. According to the prosecution, a police team planned a buy-bust operation in a motel after an informant notified them that accused Z was engaged in the sale of shabu. Acting as a poseur-buyer, the informant called Z and ordered shabu for delivery to the former's room. When Z arrived, Z handed over the shabu to the informant. The informant executed the pre-arranged signal, prompting the police to arrest Z. When the police searched Z, they found more sachets containing shabu. These were seized and properly marked by the Special Investigator (SI). When SI was about to prepare the inventory of the items, Z voluntarily informed the policemen that accused Y was his source of contraband, and agreed to cooperate for Y's arrest. The police then arranged another operation to arrest Y. Due to these Page 103 of 130 ATENEO CENTRAL BAR OPERATIONS 20 CRIMINAL LAW developments, the conduct of inventory by SI was suspended, and he retained custody of the seized items from Z. After the successful operation to arrest Y, SI conducted a formal inventory of the items seized from Z and Y, in the presence of representatives from the media, DOJ and barangay. Another Special Investigator took photographs of the seized items. Seized items were personally delivered by the SI to the custody of the Crime Laboratory. The examination revealed that the sachets indeed contained shabu. Are the accused-appellants guilty of violations of Sections 5 and 11 of RA 9165? A: YES, all the elements of illegal Delivery and Possession Drugs are proven in this case. For legal Delivery of Dangerous Drugs, it must be proven that the accused passed on possession of a dangerous drug to another, personally or otherwise, and by any means; that such delivery is not authorized by law; and that the accused knowingly made the delivery. On the other hand, in the crime of illegal Possession of Dangerous Drugs, the prosecution must prove that the accused is in possession of an item or object, which is identified as a prohibited drug; that such possession is not authorized by law; and that the accused freely and consciously possessed the drug. In this case, the lower courts correctly found that all the elements of the above-mentioned crimes, were clearly established: (a) Z himself delivered the plastic sachet of shabu to the informant during a legitimate buy-bust operation; and (b) upon his arrest, the arresting officers searched Z and found more sachets of shabu. Both courts also properly found that there was no break in the chain of custody of the sachets from Z as SI had sole possession of the sachets from Z's arrest until the SI turned them over to the laboratory for examination. (People v. Jao y Calonia, GR. 225634, June 7, 2017) Q: If you are a law enforcer who is about to file a criminal complaint against a defendant but could not decide whether to charge him under Sec. 11 (Possession of Dangerous Drugs) or under Sec. 15 (Use of Dangerous Drugs), and with the only evidence being the presence of dangerous drugs in the form of residue on the drug paraphernalia and drug test, which charge would you apply? ‘A: The Court stated that although no mistake can be ascribed to filing charges against a person under Sec. 11 (having a greater penalty), it would be more in keeping with the intent of the law to file charges against such person under Sec. 15 in order to rehabilitate first time offenders of drug use (Cruz v. People, GR 200748, 2014), Page 104 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ©. COMPREHENSIVE FIREARMS AND AMMUNITION REGULATION ACT (RA 10591 Q: What are the punishable acts under the law? A 1) 2) Unlawful Manufacture, Sale, Acquisition, Disposition or Possession of: [EFEFAIE] a) Firearms- any handheld weapon, small fr light weapon, that expels a bullet or any projectile; this includes a barrel, frame, or receiver. ) Light ‘weapons (Class-A)- sel-loading pistols, rifles, etc. not exceeding caliber 762MM. which have fully automatic mode. ©) Light weapons (Class 8)-designed for Use of 2 of more persons, which has a caliber exceeding 7.62MM. ) Small Arms- intended for individual use, to be fired from hand or shoulder, not capable of fully automatic burst. e) Ammunition f) Instruments used or intended to be used in the manufacture of firearms or ammunition; or 9) Explosives Other Punishable Acts (PLORANS]: a) Planting of evidence b) Failure to notify the Firearms and Explosive Office of the PNP of any lost or stolen firearm within 30 days ©) Carrying registered firearms outside his! her residence without any legal authority 4) Failure to notify the FEO of change of residence or office address as indicated in the license card e) Tampering, obliteration, or alteration of firearms identification 1) Unlawful transfer to any person who has not yet obtained or secured the necessary license or permit thereof; and 9) Arms smuggling Q: What are the instances when the law on legal Possession of Firearms apply? A: They are only applicable for loose firearms Which means: unregistered firearm an obliterated or altered firearm firearm which has been lost or stolen illegally manufactured firearms 5) 6) illegal possession of registered firearms in the possession of an individual other than the licensee those with revoked licenses What are the rules concerning the crime of Firearms if committed with other crimes? Aw P+ inherentin the crime P+ used in crime with a lower penalty Oa Data eee | Ponly Prision Mayor (the penalty for illegal possession of firearms) Penalty for the crime + aggravating | circumstance Prision Mayor (the | penalty for illegal possession of firearms) P+ used in crime with Penalty for crime same penalty + Prision Mayor minimum P + not used in the Penalty for the crime crime + Prision Mayor (the penally would be separate and distinct) P+ furtherance of, incident to, or in | absorbed connection with the crime of rebellion, or | insurrection, sedition, attempted coup detat The crime of Pis a: What are the Rules on Dealing with Explosives concerning the knowledge of the offender? 1) 2) 3) Knowledge of explosive character, where the explosive device is capable of producing destructive effect on contiguous objects or causing injury or death to any person is an element of the crime. Conversely, a transient or temporary possession of such explosives without knowledge ofits explosive character is not a violation of this law nor is surrender of such items to the authorities. But, such possession is prima facie (rebuttable) evidence that the person had knowledge of its explosive character, Page 105 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: Accused Z was charged with illegal possession of firearms under PD 1866. Police officers were informed that there was a man firing a gun at the back of the PLOT Building in Dagupan City. Upon arrival, the police saw two (2) men, one of whom is Z, holding a gun and a knife. Upon seeing the police officers, the men became uneasy, prompting the police to swoop in. The police recovered from the men a caliber .45 pistol and a knife. Paraffin and gun powder residue test were later done in the precinct. Z denied having a firearm with him, much less illegally discharging the same, when he was flagged down by police officers. He claimed that they were merely framed up and questioned the validity of the warrantless arrest. The lower courts found Z guilty of the crime charged. Did the lower courts err in finding Z guilty of the illegal possession of firearms? A: NO, because the prosecution successfully proved the existence of the firearm which was seized from the accused which was properly admitted as evidence at trial, and thal Z possessed the same when he does not have the license or permit to possess it The Court finds no reason to deviate from the factual findings of the trial court, as affirmed by the CA, as there is no indication that it overlooked, misunderstood or misapplied the ‘surrounding facts and circumstances of the case. Also, the Court held that the warrantless arrest done by the police was valid. Clearly, the police conducted a valid in flagrante delicto warrantless arrest on Z, thus, making the consequent search incidental thereto valid as well. It should be noted that the offense of illegal possession of firearms is malum prohibitum punished by special law and, in order that one may be found guilty of a violation of the decree, itis sufficient that the accused had no authority or license to possess a firearm, and that he intended to possess the same, even if such possession was made in good faith and without criminal intent. (Peralta v. People, GR. 221991, August 30, 2017) P. CYBERCRIME PREVENTION ACT OF 2012 {RA 10175) Q: What are the punishable acts under the law? 1) Offenses Against the Confidentiality, Integrity and Availability of Computer Data and Systems: a) Mlegal Access — the access to the whole or any part of a computer system without right. b) Illegal Interception — the interception made by technical means without right of any non- public transmission of computer data to, from, or within a computer system | including electromagnetic emissions from a computer system carrying such computer data. ©) Data Interference — the intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses. 4) System Interference — the intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic. data message, without right or authority, including the introduction or transmission of viruses. €) Misuse of Devices i The use, production, sale, procuremer importation, distribution, or otherwise making available, without right, of: aa. A device, including a computer program, designed or adapted primarily’ for the purpose of ‘committing any of the offenses under this Act; or bb. A computer password, access code, or similar data by which the whole or any part of a computer system is capable of being accessed with intent that it be used for the purpose of ‘committing any of the offenses under this Act li, The possession of an iter referred Page 106 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 to in paragraphs 5(i)(aa) or (bb) above with intent to use said devices for the purpose of committing any of the offenses Under this section. f) Cyber-squatting — the acquisition of a domain name over the intemet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same, if such a domain name is: Similar, identical, or confusingly similar to an existing trademark registered with the appropriate government agency at the time of the domain name registration: ji, Identical or in any way similar with the name of a person other than the registrant, in case of a personal name; and ili, Acquired without right or with intellectual property interests init. 2) Computer-Related Offenses: 8) Computerelated Forgery — The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it’ were authentic, regardless whether or not the data is directly readable and intelligible; or i, The act of knowingly using computer data which is the product of computer-related forgery as denied herein, for the purpose of perpetuating a fraudulent or dishonest design. b) Computer-related Fraud — the unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent: Provided, That if no damage has yet been caused, the penalty imposable shall be one (1) degree lower. ©) Computer-related Identity Theft — the intentional acquisition, use, misuse, transfer, possession, alteration _ or deletion of identifying information belonging to another, whether natural or juridical, without right: CRIMINAL LAW Content-Related Offenses: a) Cybersex — the willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious, exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. b) Child Pornography — the unlawful or prohibited acts denied and punishable by Republic Act No. 9775 or the Anti-Child Pomography Act of 2009, committed through a computer system. ©) Unsolicited ‘Commercial Communications — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited unless: i. There is prior affirmative consent from the recipient; or The primary ‘intent of the communication is for service andlor administrative announcements from the sender to its existing users, subscribers or customers; or ii, The following conditions are present: ‘aa. The commercial electronic communication contains a simple, valid, and reliable way for the recipient to reject. receipt of further commercial electronic messages (opt-out) from the same source: bb. The commercial electronic communication does not purposely disguise the source of the electronic message; and ec, The commercial electronic communication does not purposely include misleading information in any part of the message in order to induce the recipients to read the message. NOTE: Declared unconstitutional by Disini Jr. vs. Secretary of Justice. Libel — the unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other Page 107 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 similar means which may be devised in the future. NOTE: It only penalizes online libel as valid and constitutional with respect to the original author of the post; but void and unconstitutional with respect to others who simply receive the post and react to it Other Offenses: a) Aiding or Abetting in the Commission of Cybercrime — any person who wilfully abets or aids in the commission of any of CRIMINAL LAW ©) Coup état, including acts committed by private persons; 4) Murder; Kidnapping and Serious tlegal Detention: e) Crimes Involving Destruction or under The Law on Arson; ) Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990; 9) Atomic Energy Regulatory and Liability Act of 1968; hy. Anti-Hijacking Law; 1) Antepiracy and Anti-highway Robbery Law of 1974; and |) Decree Coditying the Laws on legal and the offenses enumerated in this Act shall Unlawful Possession, Manufacture, be held liable. Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives; NOTE: As amended by Disini Jr. vs. Secretary of 2) Thereby Sowing and Creating Widespread Justice, it only penalizes aiding or abetting and attempt in the commission of cybercrime as valid. and constitutional only in relation to: i. Illegal Access ii. Illegal interception ii, Data Interference iv. System Interference v. Misuse of Devices vi. Cyber Squatting vi. Computer- related Forgery vii Computer- related Fraud ix. Computer-related Identity Theft x. Cybersex But void and unconstitutional in relation to: i. Child Pomography ii Online Libet b) Attempt in the Commission of and Extraordinary Fear and Panic among the Populace; And 3) To Goerce the Government to Give in to an Unlawful Demand NOTE: Anyone found guilty of terrorism or conspiring to commit terrorism shall suffer the penalty of 40 years imprisonment, without the benefit of parole as provided for under Act No. 4103 (the Indeterminate Sentence Law) (Sec. 3), @: Is conspiracy to commit terrorism punishable? ‘A: Yes. There is conspiracy when two or more persons come to an agreement concerning the ‘commission of the crime of terrorism as defined in Section 3 hereof and decide to commit the Cybercrime — any person who wilfully attempts to commit any of the offenses same. (Sec. 4) enumerated in this Act shall be held Q: When is a person considered an liable. accomplice? ‘A: Apersonis an accomplice when he cooperates Q. HUMAN SECURITY ACT OF 2007 (RA 9372) in the execution of either the crime of terrorism or Q: What are the punishable acts under the law? ‘A: The punishable acts are: Elements ~ Terrorism: [CFC] conspiracy to commit terrorism by previous or simultaneous acts PROVIDED he is not a principal under Art. 17 of the RPC or a conspirator, in Sec. 4 hereof, 1) Any person who commits an act punishable under any of the following: a). Piracy in general and Munity in the High Seas or in the Philippine Waters; b) Rebellion or Insurrection; Page 108 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW @: When is a person considered an accessory? ‘A: A person is an accessory when: 1) He has knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism 2) Without having participated, as principal or accomplice, takes part subsequent to its commission in any of the following manner: [PCH] 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; ©) by harboring, concealing, or assisting in the escape of the principal or conspirator of the crime. NOTE: The penalties prescribed for accessories shall NOT be imposed upon those who are such with respect to thei spouses, ascendants, descendants, legitimate, natural, "and adopted brothers and sisters, or relatives by affinity within the same degrees, EXCEPT those who profit or assist the offender to prof Q: What is the Territorial Application of The Law? ‘A: The law applies to any person who commits an act covered by the law if committed: [WIBECG] 1). Within the terrestrial domain, interior waters, maritime zone and airspace of the Philippines 2) Inside the territorial limits of the Philippines 3) On board a Philippine ship or airship 4) Within any embassy, consulate, diplomatic premises belonging to or occupied by the Philippine government in an official capacity 5) Against Philippine clizens or persons of Philippine descent where their citizenship or ethnicity was a factor in the commission of the crime including those committed outside the territorial limits, 6) Directly against the Philippine government including those committed outside the territorial limits (Sec. 58). R. NEW ANTI-CARNAPPING ACT OF 2016 (RA 10883) Q: What are the Elements of Carnapping? A: [A-WUY] 1). Taking, with Intent to gain; 2) Amotor vehicle belonging to Another; a. Without the latter’s consent; b. by Using force upon things; or c. by means of Violence’ against or intimidation of persons. What are the punishable acts under Carnapping? & 1) Gamapping; (See. 3) 2) Concealment of Carapping: (Sec. 4) When should bail be denied? ‘A: Bail shall be denied when the evidence of guilt is strong against any person charged with ‘camapping and when the crime of carapping is committed: [6VF -KR] 4). by criminal groups, gangs or syndicates; 2). by means of violence or intimidation of any person or persons; 3) by means of forced upon things; 4) when the owner, driver, passenger, or ‘occupant of the carnapped vehicle is killed or raped in the course of the camapping. (Sec. 3 NOTE: To prove the special complex crime of carapping with homicide, there must be proof ‘not only of the essential elements of carnapping, but also that it was the original criminal design of the culprit and the killing was perpetrated in the course of camapping or on the occasion thereof. The killing of the victim cannot qualify the carnapping into a special complex crime because the camapping was an afterthought when the victim's death was already fait accompli (People v. Aquino, G.R. No. 201092, 2014). Page 109 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘S. OBSTRUCTION OF JUSTICE LAW (PD 1829) Q: What are the punishable acts? ‘A: The law penalizes any person who knowingly ‘or willfully obstructs or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing any of the following acts: (BAWS-DIE-FiFa) 4) Preventing Witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offender's by means of bribery, misrepresentation, deceit, intimidation, force or threats; 2) Altering, "destroying or concealing any Document, or object, with intent to impairit as evidence in any investigation of oF official proceedings in, criminal cases; 3) Harboring or concealing, or facilitating the Escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws; 4) Publicly using a Fictitious name for the purpose of concealing a crime, evading prosecution or the execution of a judgment, or concealing his true name and other personal circumstances for the same Purpose; 5) Delaying the prosecution of criminal cases by obstructing the Service of process or court orders or disturbing proceedings in the fiscal’ offices; 6) Using any document, or object with knowledge of its EAlsity and with intent to affect the course or outcome of the investigation or official proceedings in, criminal cases; 7). Soliciting or agreeing to accept any Benefit in consideration of abstaining from or impeding the prosecution of a criminal offender, 8) Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member of his family in order to prevent such person from Appearing in the investigation of, or official proceedings in, criminal cases, and 9) Giving of false or fabricated Information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life or property of the Victim; or fabricating information from the data gathered by investigating authorities (Sec. 1) Q: What is the difference between Obstruction of Justice and Accessory to a Crime? A CES oa) JUSTICE reas Punished as a separate | Part of the onginal crime crime Offender hereis | Offender is an PRINCIPAL, ACCESSORY _ Fi Focuses on the ects ore M ang | provonion ofthe PROSECUTION oI ne SiscovERY fhe TL. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT (RA 7610 Q: Who are considered children covered under this law? A: Children refers to: 41) Person below 18 years of age or 2) Those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of physical or mental disability or condition. (Sec. 3 fal) Q: What is the punishable act of child prostitution and other sexual abuse? ‘A: When children, whether male or female, who for money, profit, other consideration or due to coercion by an adult, is made to indulge in sexual intercourse or lascivious conduct. Itis punishable when: [PSA] 1) Any adult who engages in, promotes, facilitates, or induces child Prostitution by a) acting as procurer, b) inducing a client; €) taking advantage or influence or relation to procure a child as prostitute; @) threatening or using violence to engage a child as a prostitute @) giving pecuniary benefit or goods to a Child with intent to engage in prostitution. 2) Any adult who commits Sexual intercourse or lascivious conduct with a child exploited; and 3) Any person who derives profit or Advantage, such as the manager or owner of establishment. (See, 5) Page 110 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: What are considered as other acts of abuse? A: When any person: [DCDMB) 1) Commit any acts of child abuse, cruelty or exploitation or be responsible for conditions prejudicial to the child's development; 2) Keep in his company a minor twelve (12) ‘years or under, or who is ten (10) years his junior, unless related within the 4* degree; 3) Induce, deliver, or offer a minor to anyone prohibited by this Act; 4) Managers, owners of establishments or any person who allows a person to take along vith him any minor herein described to places of accommodations, residence, etc.; and 5) Use, coerce, force or intimidate a child to beg for ‘a living, act as middleman in drug trafficking, or conduct any illegal activities. (Sec. 10) Q: AAA is a 14 year old female third year high school student. BBB, her ROTC Commandant told her if she wanted to become an ROTC officer, he would have to initiate her. BBB told her to follow him to is house, where he confessed he has a crush on her, pulled her onto his lap, told her to kiss him on the cheek and lips, lifted her shirt and underwear and suckled her breast for 2 minutes. She was frightened and couldn't complain, until a year later when other students also complained that BBB molested them as well. Later, AAA filed a case against him for lascivious conduct in relation to RA 7610 Sec. 5(b), and BBB was convicted by the RTC. BBB raised in his appeal that force and intimidation were not established by the prosecution, Was BBB properly convicted of lascivious conduct under RA 7610? A: Yes, the conviction was proper. At the time, ‘AAA was a minor, thus the provisions of RA 7610 come into play. The requisites for sexual abuse under RA 7610 Sec. 5(b) are (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the actiis performed with a Child exploited in prostitution or subjected to other sexual abuse: and (3) the child, whether male or female, is below 18 years of age. The IRR of RA 7610 provides that lascivious conduct includes the intentional touching, either directly or through clothing, the breast of any person whether of the same or opposite sex, with an intent to humiliate, abuse, harass, degrade, arouse, or gratify the sexual desire of any person. Force and intimidation were proven. BBB was ‘AAA's ROTC commander and teacher, thus BBB had moral ascendancy and influence over her when he did the acts in question. Force and intimidation are subsumed by coercion and influence, and that lascivious conduct under the coercion or influence of any adult exists when there is some form of compulsion equivalent to intimidation which subdues the exercise of free will by the other party. Influence means the improper use of power or trust in any way that deprives a person of free will and substitutes, another's objective. Coercion is the improper use of power to compel another to submit to the wishes of one who wields it. Clearly, in this case, BBB used his influence over AAA by telling her that only by acceding to his lewd requests would she gain rank in the ROTC. (Orsos v. People, GR. No, 214673, Nov. 20, 2017) Q: X, a 17 year old high school student, met Y, a 23 year old college student, and they became sweethearts. Y convinced X to have sexual intercourse several times by saying she wouldn't get pregnant since he would use the withdrawal method, and that he would marry X. Later, X became pregnant and they were forced to break up. Y was charged with violation of Sec. 5(b) of RA 7610, and convicted by the court. On appeal, he argued that his promise to marry or to use the withdrawal method are not equivalent to the elements of persuasion or inducement that would lead to his conviction of the offense, since the sex was consensual. Were the elements of the crime of lascivious conduct properly established? A: Yes. The elements of Sec. 5(b) of RA 7610 are (1) the accused commits the act of sexual intercourse or lascivious conduct; (2) the act is performed with a child exploited in prostitution or subjected to other sexual abuse; and (3) the child, whether male or female, is below 18 years of age. The first and third elements are clearly present, since X and Y repeatedly had sexual relations while X was a minor. The second element is also present, since a child is deemed subjected to other sexual abuse when the child indulges in lascivious conduct under the coercion or influence of any adult, which exists when there is some form of compulsion equivalent to intimidation which subdues the free exercise of the party's free will. The court considered the fact, Page 111 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW that X was a minor, Y was 6 years older, Y gave all sorts of assurances like marriage and the withdrawal method, and Y pressured X several times until she gave in to his requests. (Caballo v. People, G.R. No.198732, Jun. 10, 2013) Q: 13-year-old A was raped by B. Because of this, B was convicted of rape under RA 7610 (Anti-Child Abuse Law). However, B is saying that he should be convicted of rape under the RPC. Should he be convicted of rape under the RPC? ‘A: No, if the victim of sexual abuse is below 12 years of age, the offender should be prosecuted {or statutory rape under Article 266-A(1)(4) of the RPC. On the other hand, if the victim is 12 years, or older, the offender should be charged with either sexual abuse under Section 5(b) of RA 7610 or rape under Article 266-A (except paragraph ‘[d}) of the RPC. Here, since A was 13 years old, B can be prosecuted either under Art 3 Sec. 5(b) of RA 7610 for sexual abuse, or under Article 266-A of the RPC, except for rape under paragraph 1(d). So, his conviction under RA 7610 is. proper. (People v. Matias y Dela Fuente, G.R. No. 186469, June 13, 2012) U. INDETERMINATE SENTENCE LAW (ISI (ACT NO. 4103, AS AMENDED BY RA 4203) Q: Hows the ISL Applied? A: The ISL provides for a maximum and minimum, instead of a single fixed penalty. The prisoner must be sentenced to imprisonment for a period which is not more than the maximum and not less than the minimum. The period between the minimum and maximum is indeterminate in the sense that the prisoner may be exempted from serving said indeterminate period in whole or in part. ‘The prisoner must serve the minimum before he is eligible for parole. ‘The law does not impair the powers of the Chief Executive under the Administrative Code (Sec. 1). Q: How is the ISL applied in Special Laws? x PRESS Case: Ais convicted of ilegal possession of firearms punishable by 1 year and 1 day to 8 ears of imprisonment Maximum term — | Shall not exceed 8 | | years as fixed by law | | Minimum term — | Shall not be less than the minimum period of 1 year and 1 day as prescribed by law. | Q: What is the coverage of the ISL? A The Indeterminate Sentence Law shall not apply to the following persons: [D°TM-PHEG] 1) Sentenced to death penalty or life imprisonment: 2) Maximum term of imprisonment does not exceed 1 year, 3) Sentenced to the penalty of desticrro or suspension only 4) Treason, or conspiracy or proposal to commit treason; 5) Misprison of treason, rebellion, sedition or espionage; 8) Piracy; 7) Habitual delinquents; 8) Escaped. from confinement, or evaded sentence; 9) Granted with conditional pardon by the president, but violated the terms thereof (Sec. 2) @: X was charged and convicted for a violation of the Dangerous Drugs Act (RA 7659) for the sale of four (4) tea bags of marijuana under a buy-bust operation. Does the Indeterminate Sentence Law (ISL) apply in drug cases, such as the case at bar? A: Yes. Drug offenses are not included in, nor has, appellant committed any act which would put him within the exceptions to ISL. R.A. No. 7659, has unqualifiedly adopted the penalties under the Revised Penal Code in their technical terms, hence with their technical signification and effects. Such offense, although provided for in a special law, is now in effect punished by and under the Revised Penal Code. It states that “if the offense is punished by any other law, the court shall sentence the accused to an indeterminaie senience, the maximum term of Which shall not exceed the maximum fixed by said aw and he minimum shall not be less than the Page 112 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW minimum term prescribed by the same”. The Court imposed an indeterminate penalty of six (6) months of arresto mayor, as the minimum, to four (4) years and two (2) months of prision correccional, as the maximum thereof. (People v. Simon, G.R. No. 93028, July 29, 1994). V. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA 9344 AS AMENDED BY RA 10360) READ IN RELATION WITH THE CHILD AND ‘YOUTH WELFARE CODE (PD 603 AS AMENDED) Q: What are the classifications of children under the law? A 1). Children at Risk ~ those who are vulnerable to and at the risk of committing criminal offenses because of personal, family, and social circumstances. 2) Children In Conflict with the Law (CICL) those who are alleged as, accused of of adjudged as having committed an offense under Philippine laws (Sec. 4) @: Who are Exempted from Criminal Responsibility? A: Achild 15 years of age or under at the time of the commission; and a child above 15 but under 18 years at the time of the commission, unless he acted with discernment (Sec. 6) Q: What is Automatic Suspension of Sentence? A: When the child is convicted of a crime, 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. The child must have been eighteen years of age at the time of the commission of the offense. ‘The benefit of automatic suspension of sentence shall stil be applied even ifthe juvenile is already eighteen years of age or more at the time of the pronouncement of his/her guilt (Sec. 38) Q: When is intervention applicable? A; Intervention is applicable when the child in conflict with the law is either fifteen years of age or under or above fifteen years but below eighteen years of age and acted without discernment (Sec. 6) : When is diversion applicable? ‘A: Diversion is applicable when the child in conflict with the law is above fifteen years old but below eighteen and who acted with discernment (Sec. 22) W. PROBATION LAW (PD 968; PD 1257; R.A. 10707) When should one apply for Probation? A: After conviction and sentencing of a defendant, for a probationable penalty and upon application within the period of perfecting an appeal and if the defendant has perfected the appeal from the judgment of conviction, no application for probation shall be entertained or granted (Sec. 4). Q: What is the Colinares Doctrine? A: In Colinares v. People, petitioner Amel was found guilt of frustrated homicide and imposed a penalty beyond six (6) years, disqualifying him then for probation. After his appeal, the court found that he was only liable for attempted homicide with a penalty less than six (6) years. The court held that Amel is not disqualified from applying for probation despite an appeal. The court ruled that the finding of attempted homicide is an original conviction that for the first time imposes on Amel a probationable penalty. Had the RTC done Amel right from the start, it would have found him quity of the correct offense and imposed on him the right penalty of two years and four months maximum. This would have afforded ‘Amel the right to apply for probation (Colinares v. People, G.R. No. 182748, 2011). Note: Colinares doctrine is already embodied in R.A. 10707 which amends Sec. 4 of P.D. 968. Q: When is the application for Probation denied? A [DUCT] 1) Probation will Depreciate the seriousness of the offense committed 2) There is Undue risk of committing another time during the probation period. 3) The offender is in need of Correctional Treatment that can be provided effectively by his commitment to an institution. Page 113 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW Q: Who are Disqualified from Availing the Probation Law? A: The benefits of the decree shall not be extended to those: [M-SPPADE] 1) Sentenced to serve a Maximum term of imprisonment of more than 6 years; 2). Convicted of Subversion or any crime against the national security; 3) Previously convicted by final judgment of an offense punished by imprisonment of more than 6 months and 1 day andlor a fine more than P1,000; 4) Once placed on Probation; 5) Already serving sentence at the time the Decree became applicable (Sec. 9) 6) Those who have appealed or were convicted of Drug trafficking oF drug pushing; and 7) Convicted of Election offenses under the ‘Omnibus Election Code. Page 114 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘Special Penal Laws ‘ANTI-ARSON LAW | | Cases of Simple arson PO Burning: 41) the property of another; or 2), his own property under circumstances which expose to danger the life or property of another. Cases of Destructive arson PUTEMI ] Burning 1) Any building, devoted to the public in general, regardless of whether the offender had knowledge that there are persons in said building and whether the building is actualy inhabited or not; 2) Any building, and any appurtenances thereto, for public utility service; 3) Any train or locomotive, ship or vessel, airship or | airplane, devoted to transportation or conveyance, or | ‘or public use, entertainment or leisure; 4) Any building the burning of whichis for concealing or destroying evidence of another violation of law, or for concealing bankruptcy or defrauding creditors or to collect from insurance (RA 7659, Sec. 10); 5) Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance storehouse, archives or general museum of the government; or 6) Any inhabited place, any storehouse or factory of {inflammable or explosive materials (Sec. 1, PD 1744 Other cases of arsons PRIME, Other cases of arsons are t ing of: [G-PRIME] 7) Any government building; 8) Any plantation, farm, grain field, forest, etc; 9) Any railway or bus station, airport, wharf or warehouse’ 10) Any inhabited house or dwelling: 11) Any rice mill, sugar mill, cane mill or mill central; 12) Any industrial establishment, shipyard, oil well or mine shaff, platform or tunnel (Sec. 3). Prima facie evidence of arson VP-SWIFT 7) If a demand for valuable consideration was made before the fire in exchange for the desistance of the offender or for the safety of the person or property of the victim, 2). If during the lifetime of the fire insurance policy more than two fires have occurred in the premises owned or under the control ofthe offender and/or insured. 3). Fire started simultaneously in more than one part of the building. 4) If shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises except in the ordinary course of business. 5) Ifthe building or property is insured for substantially ‘more than its actual value af the time of the issuance of the policy. 6) If substantial amount of flammable materials is, stored within the building not necessary in the _business of the offender nor for household use. Page 115 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 7) any contrivance designed to sara fire, or ashes or traces of any of the foregoing are found in the ruins or premises ofthe bumed bulding or proper ‘ANTI-CHILD PORNOGRAPHY ACT OF 2009 Punishable Acts [VP*FLEx-C’PA] | 1) To provide a Venue for the commission of prohibited acts such as, but not limited to, dens, private rooms, ‘cubicles, cinemas, houses or in establishments purporting to be a legitimate business; 2) Tohire, Persuade, induce or coerce a child to perform in the creation or production of any form of | child pomography: 3) To Produce or create any form of child pomography; 4). To Possess any form of child pomography; 5) To Possess any form of child pomography with the intent to sell, distribute, publish, or broadcast Provided, that possession of three (3) or more articles of child pomography of the same form shall | bee prima facie evidence ofthe intent to sel, distribute, publish or broadcast; 6). For Film distributors, theaters and telecommunication companies to distribute any form of child pomography; 7) To engage in the Luring or grooming of a child; 8) To publish, sel, distribute, broadcast, Export or import any form of child pornography: 9) Fora parent, legal guardian or person having ‘Custody or control of a child to knowingly permit the child to engage in any form of child pomography; 10) To Conspire to commit any of the prohibited acts stated in this section; 11) To engage in Pandering of any form of child pomography; 412) To wilfully Access any form of child pornography (Sec. 4). ANTI-FENCING LAW [Elements of Fencing IKRIB] ‘The elements are: | 1) The accused Knows or should know that the article has been derived from the proceeds of the crime; 2) Robbery or theft has been committed; 3) The accused has Intent to gain for himself or for another; and 4), The accused, who is neither a principal or accomplice in the theft or robbery, Buys, receives or possesses, conceals, acquires, keeps, sells or disposes or in any manner deals with the proceeds of the crime (Ong v. People, GR. 190475, 2013). ‘ANTI-GRAFT AND CORRUPT PRACTICES ACT Punishable acts PAFICS 1) Any public officer who shall perfonm any of the following acts: + Persuading, 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 Page 116 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW official duties of the latter, or allowing himself to be persuaded or influenced to commit such violation or offense. Directly or indirectly requesting or receiving any Git, percentage, or benefit for himsetf or for any ‘other person in connection with any contract or transaction between the goverment and any ‘ther party wherein the public officer in his oficial capacity has to intervene under the law. Directly, or indirectly requesting or receiving any gift, or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, 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. Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, or preference in the discharge of his official function through manifest partiality, evident bad faith or gross inexcusable negligence. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before hhim 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. 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. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest. Page 117 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 2) 3) 4) 5) 6) + Direclly 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, land 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. + Knowingly approving or granting any license, permit, privilege, or benefit in favor of any person ot 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 's0 qualified or entitled ‘© 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. Spouse or any relative, by consanguinity or affinity, | within the 3rd civil degree, of the President of the | Philippines, the Vice-President, the President of the | Senate, or Speaker of the House of Representatives, | who shall intervene, directly or indirectly, in any | business transaction, contract or application with the | government; | Any person having family or close personal relation with any public official who shall take advantage of ‘such personal relation by directly or indirectly requesting or receiving any present, gift, or material, ‘or pecuniary advantage from any person having some business, request, or contract with the government in which such public official has to intervene; j ‘Any person who shall knowingly induce or cause any public official to commit any of the offenses under Sec. 3 of RA 3019; ‘Any member of Gongress, during the term for which he has been elected, who shall any personal pecuniary interest in any specific business enterprise which shall be directly benefited by any law or resolution authored or recommended by him previously or adopted by Congress during his term; Any public officer who shall fal to file a true, detailed and sworn statement of assets and liabilities (GALN) within 30 days after assuming office and thereafter on of before the 15th day of April following the close of Page 118 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW avery calendar year, as wel as upon the expiration of his tom of offee, oF upon his resignation or separation from office ANTI-HAZING LAW Procedure for Allowing | APOT Hazing ‘School-based initiation rites do not constitute hazing provided that ~ 1) Awritten application to conduct initiation rites shall be made to the proper authorities of the school not later than seven (7) days prior to the conduct of initiation; 2) The written application must indicate a. Place and date of the initiation rites; b. Names of the recruits, neophytes or applicants to be initiated; c. Manner by'which they will conduct the initiation rites; and, d. Names of the incumbent officers ofthe fraternity, sorority, or organization and any person or persons who will take charge in the conduct of the initiation rites; 3) The application shall _be under oath with a declaration that it has been posted in the official school bulletin board, the bulletin board of the office of the fraternity, sorority, or organization, AND two (2) other conspicuous places in the school or in the premises of the organization, 4) The application shall be posted from the time of submission of the written notice to the school authorities or head of organization and shall only be removed from its posting three (3) days after the conduct of the initiation rites; 5) The initiation rites shall not last more than three (3) days; and, there are at least two (2) representatives __of the school present during the initiation Persons liable As principals. "| 4) All persons who actually planned OR participated in the conduct of the hazing; 2) All incumbent and former officers, nonresident members, or alumni of the fratemity, sorority or organization who are actually present during the hazing; 3) The adviser of the fratemity, sorority or organization who is ~ a. Present when the acts constituting the hazing ‘were committed; and b. Failed to take action to prevent the same; or, c. Failed to promptly report the same to the law enforcement authorities, if such adviser or adviser or advisers can do so without perilto their person or their family. 4) Officers or members who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat; Page 119 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW '5) Members who are present during the hazing when they are intoxicated or under the influence of alcohol or illegal drugs: 6) Any person who shall intimidate, threaten, force, or employ, or administer any form of vexation against another person for the purpose of recruitment in joining or promoting a particular fraternity, sorority, or ‘organization 7) Owner or lessee of the place where hazing is conducted, when he has actual knowledge of the hazing but failed to take action to prevent the same, OR failed to promptly report the same if they can do 80 without peril to their person or their family; 8) Parents if held in the home of one of the officers or members of the fraternity, group, or organization, when they have actual knowledge the hazing conducted but failed to take any action to prevent the same OR failed to promptly report the same if they can do so without peril to their person or their family. Persons liable | As accomplices ‘School authorities, barangay, municipal or city officials who consented to the hazing or who have actual knowledge, but failed to take any action to prevent the same, OR failed to promptly report the same if they can do so without peril to their person or their family; ‘AN ACT PROHIBITING CERTAIN ACTS INII IMICAL TO CIVIL AVIATION OR THE ANTI-HIJACKING LAW. Punishable acts Cle 1) by compelling a ghange in the course or destination of an aircraft of Philippine registry, or seizing or usurping the control thereof while its in fight; 2) by compelling an aircraft of foreign registry to Jand in Philippine territory or seizing or usurping the control thereof while itis in the said territory; and 3) by shipping, loading, or carrying in any passenger aircraft operating as a public utlity within the Philippines, any explosive, flammable, corrosive or poisonous substance or material "ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 Punishabie Acts | RDB 1) 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/s such as the naked or undergarment clad genitals, pubic area, buttocks or female breast without the consent of the person/s involved and under circumstances in which the personis has/have a reasonable expectation of privacy, 2) 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; | 3) 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 Page 120 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 4) 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 VCDIDVD, internet, cellular phones and other similar means or device. ANTI-PLUNDER ACT. TirGotten Wealth FU-DAMP Tt covers any asset, property, business enterprise or material possession of any person 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: (Sec. 1(d)) 1) By obtaining, receiving or accepting, directly or indirectly, any form of interest or participation, including the promise of future employment in any | business enterprise or undertaking: 2) By taking undue advantage of official position, authority, relationship, connection ot 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; 3) By the illegal or fraudulent conveyance or disposition of government assets; 4) By establishing agricultural, industrial or commercial monopolies or other combinations, andlor, implementation of decrees and orders intended to benefit particular persons or special interests; 5) Through misappropriation, conversion, misuse or malversation of public funds; and, 6) By receiving, directly or indirectly, any form of pecuniary benefit from any person andior entity in connection with any government contract or project or by reason of the office. Elements of Plunder PAC-50 7) Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business’ associates. and subordinates or other persons; 2) Amasses, accumulates, or acquires ill-gotten wealth; 3) through a combination or series of overt or criminai acts as described under above; and 4) in the aggregate amount or total value of at least 50 | MILLION PESOS, shall be guilty of the crime of | plunder (as amended by RA 7659) (Estrada v. Sandiganbayan, G.R. No. 148560, 2001). ‘ANTI-SEXUAL HARASSMENT ACT “Punishable Act WE 1), Work-Related or Employment Environment 3. "Sexual favors made as a condition: i For hiring or employment ji, Re-employment or continued employment | ii. Granting. promotions, favorable compensation, of privileges: or. | Page 121 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 2) Ww. Refusal to grant the sexual favor results in classifying the employee which would discriminate or deprive employment opportunities or otherwise adversely affect said ‘employee b. Acts would impair the employee's rights or privileges under existing labor laws; and, ©. Acts would result in an intimidating, hostile, or offensive environment for the employee Education or Training Environment . Against one who is under the care, custody or supervision of the offender; b. Against one whose education, training, apprenticeship or tutorship is entrusted to the offender, ©. Sexual favor is made a condition: i. giving of a passing grade or ii. granting of honors and scholarships or il, payment of a stipend, allowance or other benefits, privileges, or consideration 4. The sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice (Sec. 3) ANTI-TORTURE ACT Elements of Torture | SIP-PIDI [aes orTerure | PO | 1) 2) 9 4) 2) 3) [1 ‘Any act by which Severe physical or mental pain or suffering; Is inflicted by or at the instigation of or with the ‘consent or acquiescence of a person in authority or his agent; Intentionally inflicted on a person; For the purpose of ‘a. Punishment for an act he or a third person has Committed, or is suspected of having committed: b. Intimidation or coercion; c. Any reason based on discrimination of any kind; and d. Obtaining information or a confession (Sec. 3(a)). Physical Torture — Form of Treatment or Punishment inflicted by a Person in Authority Upon Another in His Custody thal causes severe Pain, Exhaustion, Disability or Dysfunction in one or more Parts of the Body. ‘Mental/Psychological Torture ~ Acts Committed by a Person in Authority or His Agent which are Calculated to Affect or Confuse the Mind and/or Undermine a Person's Dignity and Morale. Other Cruel, Inhuman and Degrading Treatment or Page 122 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘ANTI-TRAFFICKING IN PERSONS ACT Punishable Acts TPORSE-A'T? | To recruit, obtain, offer, maintain, or transfer: FMO] 1) A person, ‘by any means, for Prostitution, pomography or sexval exploitation; 2) A person, by means of threat, force, fraud, deceit, violence, coercion or intimidation for the removal or sale of his Organs; 3) A child, to engage him in aRmed activities in the Philippines or abroad; 4) A person, for forced labor, slavery, debt bondage, | and involuntary servitude; 5) A child, for Exploitation or trading them; 6) To adopt persons by any form of consideration or to facilitate the same; | 7) To adopt or facilitate the adoption of persons; 8) For the purpose of acquiring, buying, offering, selling or Trading to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 9) To undertake or organize Tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons. for prostitution, pomography or sexual exploitation; 10) To introduce or match for money, profit, or other consideration, any person or any Filipino woman to a Foreign national, for marriage; and 11) To offer or contract Marriage, real or simulated; 12) To Organize or direct other persons to commit the offenses defined as acts of trafficking under this Act (Sec. 4). ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN ACT “Types of violence PEPS 1), Physical Violence 2) Sexual Violence 3) Bsychological Violence 4) Economic Abuse Cycle of Violence TAT 1) Tension building phase, 2). Acute battering incident; and 3) Tranquil, loving phase (non-violent phase). (People v. Genosa, G.R. No. 1395981, 2004) ‘Rais of violence against | CTAICO-SRA | 1) Causing physical harm to the woman or child; women and their 2) Threatening to cause physical harm to woman or children child 3) Attempting to cause physical harm to woman or child 4) Placing woman or child in fear of Imminent physical harm; 5) Attempting to Compel woman or child from engaging in conduct they have a right to desist from, or restrict them from conduct they have a right to engage in; 6) Inflicting or threatening to inflict physical harm to ‘Qneself to control their actions or decisions; 7) Causing or Attempting to cause them to engage in ‘Sexual activity, not rape, thru force, physical harm, or intimidation: Page 123 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW '8) Engaging in purposely Reckless conduct that cause them substantial emotional or psychological distress; 9) Causing them mental or emotional Anguish, public, ridicule, or humiliation. (Sec. 5) BOUNCING CHECKS LAW Elements of Sec. Par. 1 7, | MKIWS 1) Any person makes or draws and issues a check 10 apply on account or for value 2) At which time, he had knowledge that he does not have sufficient funds in the drawee bank for the Payment of such check in full upon its presentment 3) The (a) drawee bank dishonors the check for insufficiency of funds, lack of funds, or account closed; or (b) would have been dishonored for the same reason had not the drawer, without any valid reason, ordered the bank to stop payment. 4) The payee or holder of the dishonored check gives a written notice of dishonor and demand for payment 5) After receipt of the written notice and demand, refuses or fails to pay the value of the check within 5 banking days Elements of Sec Par. 2 7, | MSED WS 7) Any person makes or draws and issues a check 2) He had sufficient funds in or credit with the drawee | bank | 3) He failed to keep sufficient funds or to maintain a ctedit to cover the full amount of the check if presented within 90 days from the date appearing thereon 4) The drawee bank dishonors the check for such reason 5) The payee or holder of the dishonored check gives a written notice of dishonor and demand for payment 6) After receipt of the written notice and demand, refuses or fails to pay the value of the check within banking days. COMPREHENSIVE DANGEROUS DRUGS ACT _ Punishable acts MISDEA-FUC- CA-PAGLWY 1), Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 2) Importation of dangerous drugs and/or controlled precursors and essential chemicals, regardless of ‘quantity or purity involved; 3) Sale, trading, administration, dispensation, delivery distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals; 4) Maintenance of a Den, Dive or Resort 5) Being an employee of a den, dive or resort, who is aware of the nature of the place as such; 6) 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; Eailure io nainiain or keep original records of transactions on Dangerous Drugs andor controlled _precursors and essential chemicals; J Page 124 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW 8) Use of Dangerous Drugs, after being found positive | Via a confirmatory test; 9) Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources thereof; 10) Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals; 11) Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals; 12) Possession of Dangerous Drugs, regardless of Purity of the quantities laid down in the Act 13) Possession of equipment, instrument, apparatus and other paraphernalia for fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into the body; 14) Possession of dangerous drugs during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons, regardless of quantity and purity, shall suffer maximum penalty; 15) Possession of equipment, instrument, apparatus and other paraphernalia for fit or intended for smoking, consuming, administering, injecting, ingesting, or introducing any dangerous drug into, the body, during parties, social gatherings or meetings, or in the proximate company of at least two (2) persons, shall suffer maximum penalty; 16) Unlawful prescription of drugs; and 17) Unnecessary prescription of dangerous drugs. ‘Chain of custody rule TFO-ODS-BOP-N 1) At the place where the search warrant is served, or nearest police station, or nearest office of the apprehending officerteam, there must be the inventory and photographs done in the presence of the accused, or his/her representative or counsel with a. An elected public oficial b. Representative of the National Prosecution Service; or c._ The media 2) Within 24 hours from seizure, items must be submitted to the PDEA forensic laboratory for examination, 3) Immediately upon receipt of the subject item/s, a certification under gath of the forensic laboratory examiner shall be made. 4). Within 72 hours from filing of criminal case, an ocular inspection shall be made 5). Within 24 hours from filing of ocular, the drugs seized must be destroyed by the PDEA in the presence of the accused or the personis from whom such items were confiscated and/or seized, or his/her representative or counsel, a representative from the Page 125 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW es 8) 7) 8) 9) 10) Provided, that non-compliance with these | media and the DOJ, Gi socely Groups and ary | elected public official. A representative sample in min. quantity shall be retained. Those that belong to lawful commerce shall be donated or recycled for legitimate purposes. ‘Swom certification of destruction shall be issued by the Board and submitted to the court with jurisdiction of the case, along with the sample. ‘Accused of representative are allowed to observe proceedings. If accused has no counsel within 72hrs, from written notice prior to destruction, court shall appoint a counsel from PAO. Within 24 hours from receipt of judgment — trial prosecutor shall inform the Board and request for | leave to tum over the samples to PDEA for | destruction requirements under justifiable grounds, as long as the integrity and the evidentiary value of the seized items are properly preserved by the apprehending officeriteam, shall not render void and invalid such seizures and custody over said items. ILLEGAL POSSESSION OF FIREARMS AND EXPLOSIVES Punishable acts EFEFAIE “Unlawful Manufacture, Sale, Acquisition, Disposition Or Possession Of: 4) 2) 3) Firearms- any handheld weapon, small or light weapon, that expels a bullet or any projectile; this includes a barrel, frame, or receiver. Light weapons (Class-A)- self-loading pistols, rifles, etc. not exceeding caliber 7.62MM which have fully automatic mode, Light weapons (Class B)-designed for use of 2 or mre persons, which has a caliber exceeding 7.62MM. ‘Small Arms- intended for individual use, to be fired from hand or shoulder, not capable of fully automatic, burst Ammunition Instruments used or intended to be used in the manufacture of firearms or ammunition; or Explosives ‘Other punishable acts | PLORANS 7 Banting of evidence Failure to notiy the Firearms and Explosive Office of the PNP of any lost or stolen firearm within 30 days Carrying registered firearms outside his! her residence without any legal authority Failure to notify the FEO of change of residence or office address as indicated in the license card Tampering, obliteration, or alteration of firearms identification Unlawful transfer to any person who has not yet obtained or secured the necessary license or permit Arms smuggling Page 126 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW CYBERCRIME PREVENTION ACT Punishable Acts CO 1) Offenses against the confidentiality, integrity and availability of computer data and systems 2) Computer-related Offenses 3) Content-related Offenses 4) Other Offenses HUMAN SECURITY ACT Elements of Terrorism | CFC 1) Any person who commits an act punishable under any of the following: a. Piracy in general and Munity in the High Seas or in the Philippine Waters; b. Rebellion or Insurrection; c. Coup d'état, including acts committed by private persons; d. Murder; Kidnapping and Serious _ legal Detention; e. Crimes Involving Destruction or under The Law on Arson; f. Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990; 9g. Atomic Energy Regulatory and Liability Act of 1968; jacking Law, i Antipiracy and Ant-highway Robbery Law of 1974 and j. Decree "Codifying the Laws on legal and Unlawful Possession, Manufacture, Dealing in, Acquistion or. Disposition of Firearms, ‘Ammunitions or Explosives: 2) ‘Thereby Sowing and’ Creating Widespread and | Extraordinary Fear and Panic among the Populace; And 3) To goerce the government to give in to an unlawful demand Territorial Application | WIBECG 1) Within the terrestrial domain, interior waters, maritime Zone and airspace of the Philippines 2) Inside the territorial limits of the Philippines. 3) On board a Philippine ship or airship 4) Within any embassy, consulate, diplomatic premises belonging to or occupied ‘by the Philippine | government in an official capacity 5) Against Philippine eitizens or persons of Philippine descent where their citizenship or ethnicity was factor in the commission of the crime including those. ‘committed outside the territorial limits 6) Directly against the Philippine government including those committed outside the territorial mits (Sec. 58) NEW ANTI-CARNAPPING ACT OF 2016 Elements of | WA-WUV Carnapping 1) Taking, with Intent to gain: 2) A motor vehicle belonging to Another; a. Without the latter's consent; b._ by Using force upon things: or ©. by means of Violence against or intimidation of persons. Page 127 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW [When bail should be | denied ‘GVF-KR Bail shall be denied when the evidence of gull is song against any person charged with camapping and when the crime of eamapping is committed 1) by erminal groups, gangs or syndicates; 2}, by means of volence of intimidation of any person or persons; 3) by means of forced upon things; 4) when the owner, driver, passenger, or occupant of the carnapped vehicle is killed or raped in the course of the carnapping, (Sec. 3) OBSTRUCTION OF JUSTICE LAW Punishable Acts BAWS-DIE-FiFa 1) Preventing Witnesses from testifying in any criminal proceeding or from reporting the commission of any offense or the identity of any offenderis by means of bribery, misrepresentation, deceit, intimidation, force or threats; 2) Altering, destroying or concealing any Document, or object, with intent to impair it as evidence in any investigation of or official proceedings in, criminal cases; 3). Harboring or concealing, or facilitating the Escape of, any person he knows, or has reasonable ground to believe or suspect, has committed any offense under existing penal laws; 4) Publicly using a Fictitious name for the purpose of concealing a crime, evading prosecution or the ‘execution of a judgment, or concealing his true name and other personal circumstances for the same purpose; 5) Delaying the prosecution of criminal cases by obstructing the Service of process or court orders or disturbing proceedings in the fisca's offices; 6) Using any document, or object with knowledge of its EAlsity and with intent to affect the course or outcome of the investigation or official proceedings in, criminal 7) Solicting or agreeing to accept any Benefit in Consideration of abstaining from or impeding the prosecution of a criminal offender 8) Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate member of his family in order to prevent such person from Appearing in the investigation of, or official proceedings in, criminal cases, and 9) Giving of false or fabricated Information to mislead or prevent the law enforcement agencies from apprehending the offender or from protecting the life oF property of the victim; or fabricating information from the data gathered by investigating authorities, (Sec. 1) Page 128 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ‘SPECIAL PROTECTI N OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT Child Prostitution and Sexual Abuse PSA 1) 2) 3) ‘Any adult who engages in, promotes, facilitates, or induces child Prostitution by: a. acting as procurer; b._ inducing a client; c. taking advantage or influence or relation to procure a child as prostitute; 4d. threatening or using violence to engage a child a a prostitute; @. giving pecuniary benefit or goods to a child with intent to engage in prostitution. | ‘Any adult who commits Sexual intercourse or lascivious conduct with a child exploited; and Any person who derives profit or Advantage, such as the manager or owner of establishment. (Sec. 5) ‘Other Acts of Abuse DCDMB- 1 2) 3) 4) 5) ‘Commit any acts of child abuse, cruelty or exploitation or be responsible for conditions prejudicial to the child's development; Keep in his company a minor twelve (12) years or under, or who is ten (10) years his junior, unless related within the 4" degree; Induce, deliver, or offer a minor to anyone prohibited by this Act; Managers, owners of establishments or any person who allows a person to take along with him any minor herein described to places of accommodations, residence, etc.; and Use, coerce, force or intimidate a child to beg for a living, act as middleman in drug trafficking, or conduct any iliegal activities. (Sec. 10) INDETERMI NATE SENTENCE LAW Coverage oFISL D®TMPHEG: 1) 2) 3) 4) 5) TThe Indeterminate Sentence Law shall not apply o the following persons Sentenced to death penalty or life imprisonment; Maximum term of imprisonment does not exceed 1 year; Sentenced to the penalty of destierro or suspension only. Treason, or conspiracy or proposal to commit reason; Misprision of treason, rebellion, sedition or espionage; Piracy; Habitual delinquents; Escaped from confinement, or evaded sentence; ‘Granted with conditional pardon by the president, but violated the terms thereof; Page 129 of 130 ATENEO CENTRAL BAR OPERATIONS 2019 CRIMINAL LAW ___ JUVENILE JUSTICE AND WELFARE ACT _ availing the probation law Classifications of PRL 1) Children at risk children 2) Children in conflict with the law Exempted from criminal | UD 7) A child 15 years of age or under at the time of the responsibilty ‘commission: 2) Achild above 15 but under 18 years at the time of the commission, unless he acted with discemment. PROBATION LAW. Disqualified from] MS PAPED 4) Sentenced to sere a Maximum term of imprisonment of more than 6 years; 2) Convicted of Subversion or any crime against the national security; 3) Previously convicted by final judgment of an offense Punished by imprisonment of more than 6 months and 1 day and/or a fine more than P'1,000; 4) Already serving sentence at the time the Decree became applicable; 5) Once placed on Probation; 8) Convicted of Election offenses under the Omnibus Election Code; 7) Those who have appealed or were convicted of Drug trafficking or drug pushing, Page 130 of 130