UNIVERSITY OF THE PHILIPPINES
CRIMES AGAINST PROPERTY 94
COLLEGE OF LAW
Bar Operations 2008
CRIMINAL LAW II
Bar Operations Head # Arianne Reyes
Academics Head # Henry Aguda
Ryan Balisacan
Subject Head # Sam Poblacion (C2010)
Subject Committee # Aragones, Rusell
(B2011) * Burkley, Fifi (C2010) *
Catedral, Ralph (C2010) * Cunanan,
Therese
(B2011) *
Dy, Michelle (D2011) * Geronimo, Luis
(B2011) *
TITLE X.
TITLE XI: CRIMES AGAINST CHASTITY
116
TITLE XII: CRIMES AGAINST THE CIVIL
STATUS OF PERSONS 126
TITLE XIII: CRIMES AGAINST HONOR 128
TITLE XIV: QUASI-OFFENSES 133
APPENDIX1: RA 9327 (The Human
Security Act of 2007) 135
APPENDIX II: CASE UDPATES 138
APPENDIX III: SUGGESTED ANSWERS TO
THE 07 BAR QUESTIONS 140
APPENDIX IV: Q&A 144
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Habacon, George (B2011) * Lecchio, I. CRIMES AGAINST NATIONAL SECURITY
Patrich AND THE LAW OF NATIONS CRIMINAL
(B2011) * Lorenzo, Johanna (B2011) * LAW II
Peña, TITLE I: CRIMES AGAINST NATIONAL
Charisse (B2011) * Sabitsana, Mims SECURITY AND THE LAW OF NATIONS
(C2011) * IMPORTANT POINTS TO REMEMBER:
Zamora, Kring (B2011) Ø The crimes under this title can be
Information Management # prosecuted even if the criminal act
Committee or acts were committed outside the
Chino Baybay [Head] * Simoun Salinas Philippine territorial jurisdiction.
[Deputy] * Ø However, prosecution can proceed
Rania Joya [Design & Lay-out] * Ludee only if the offender is within
Pulido Philippine territory or brought to
[Documentations] * Linus Madamba * Des the Philippines pursuant to an
Mayoralgo * Jillian De Dumo * Mike extradition treaty.
Ocampo * Abel Ø Crimes against national security
Maglanque * Edan Marri R. Cañete can be tried only in the Philippines,
Criminal Law 2 as there is a need to bring the
TITLE I: CRIMES AGAINST NATIONAL offender here before he can be
SECURITY AND THE LAW OF made to suffer the consequences of
NATIONS the law.
1 Ø In the case of crimes against the
TITLE II: CRIMES AGAINST law of nations, the offender can be
FUNDAMENTAL LAWS OF THE STATE 6 prosecuted whenever he may be
TITLE III: CRIMES AGAINST PUBLIC found because the crimes are
ORDER 13 regarded as committed against
TITLE IV: CRIMES AGAINST PUBLIC humanity in general.
INTEREST 27 Ø When we say national security, it
TITLE V: COMPREHENSIVE DANGEROUS should be interpreted as including
DRUGS ACT 38 rebellion, sedition and subversion.
TITLE VI: CRIMES AGAINST PUBLIC Ø The acts against national security
MORALS 41 may be committed abroad and still
TITLE VII: CRIMES COMMITTED BY be punishable under our law, but it
PUBLIC OFFICERS 46 can not be tried under foreign law.
TITLE VIII: CRIMES AGAINST PERSONS Almost all of these are crimes committed
66 in times of war, except the following,
TITLE IX: CRIMES AGAINST PESONAL which can be committed in times of
LIBERTY AND SECURITY 79 peace:
(1) Espionage, under Article 114 ±
This is also covered by
Commonwealth Act No. 616
which punishes conspiracy to
commit espionage.
(2) Inciting to War or Giving Motives
for Reprisals, under Article 118 ±
This can be committed even if the
Philippines is not a participant.
i Relevant cases:
§ Flor Contemplacion
(1995)
§ Abner Afuang
(3)Violation of Neutrality, under
1. ARTICLE 114
TREASON
Elements
1. Offender is a Filipino or resident
alien;
2. There is a war in which the
Philippines is involved;
3. Offender either ±
a. LEVIES WAR AGAINST THE
GOVERNMENT; OR
b. adheres to the enemies, giving
them aid or comfort within the
Philippines or elsewhere
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Article 119 ± The Philippines is not
a party to a war but there is a war
going on.
A. Treason and Espionage
IMPORTANT POINTS TO REMEMBER
IN THIS ARTICLE
Requirements of levying war
1. Actual assembling of men;
2. To execute a treasonable design by
force;
3. Intent is to deliver the country in
whole or in part to the enemy; and
4. Collaboration with foreign enemy or
some foreign sovereign
Two ways of proving treason
1. Testimony of at least two witnesses to
the same overt act; or
2. Confession of accused in open court.
Crimes against national security:
1. Treason (Art. 114)
2. Conspiracy and proposal to
commit treason (Art. 115)
3. Misprision of treason (Art.
116); and
4. Espionage (Art. 117)
Crimes against the law of
nations:
1. Inciting to war or giving
motives for reprisals (Art.
118)
2. Violation of neutrality
(Art. 119)
3. Corresponding with
hostile country (Art. 220)
4. Flight to enemy¶s country
(Art. 121)
5. Piracy in general and
mutiny on the high seas
(Art. 122)
I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS CRIMINAL
LAW II
IMPORTANT POINT TO REMEMBER:
Ø Misprision of treason is a crime that
may be committed only by citizens of
the Philippines.
Ø The essence of the crime is that there
are persons who conspire to commit
treason and the offender knew this
and failed to make the necessary
report to the government within the
earliest possible time.
Ø What is required is to report it as soon
as possible.
Ø The criminal liability arises if the
treasonous activity was still at the
conspiratorial stage.
Ø Any person in authority having the
equivalent jurisdiction (of a mayor,
fiscal or governor), like a provincial
commander, will already negate
criminal liability.
Ø Blood relationship is always
subservient to national security.
Article 20 does not apply here.
Ø Under the Revised Penal Code, there
is no crime of misprision of rebellion.
a. COMMONWEALTH ACT 616 (ESPIONAGE
LAW): AN ACT TO PUNISH ESPIONAGE AND
OTHER OFFENSES AGAINST NATIONAL
SECURITY
Acts punished
Elements of proposal to commit
treason
1. There is a war in which the
Philippines is involved;
2. At least one person decides to ±
a. levy war against the
government; or
b. adhere to the enemies, giving
them aid or comfort;
c. He proposes its execution to
some other persons.
2. ARTICLE 115
CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
Elements of conspiracy to commit
treason
1. There is a war in which the
Philippines is involved;
2. At least two persons come to an
agreement to ±
a. levy war against the
government; or
b. adhere to the enemies,
giving them aid or comfort;
c. He discloses their contents to a
representative of a foreign
nation.
3. ARTICLE 116
MISPRISION OF TREASON
Elements
1. Offender owes allegiance to the
government, and not a foreigner;
2. He has knowledge of conspiracy
to commit treason against the
government;
3. He conceals or does not disclose
and make known the same as
soon as possible to the governor
or fiscal of the province in which
he resides, or the mayor or fiscal
of the city in which he resides.
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c. They decide to commit it.
4. ARTICLE 117
ESPIONAGE
ACTS PUNISHED
1. By entering, without authority
therefore, a warship, fort or naval
or military establishment or
reservation to obtain any
information, plans, photograph or
other data of a confidential nature
relative to the defense of the
Philippines;
Elements
a. Offender enters any of the
places mentioned;
b. He has no authority therefore;
c. His purpose is to obtain
information, plans, photographs
or other data of a 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 paragraph 1 of
Article 117, which he had in his
possession by reason of the public
office he holds.
Elements
a. Offender is a public officer;
b. He has in his possession the
articles, data or information
referred to in paragraph 1 of
Article 117, by reason of the
public office he holds;
I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS CRIMINAL
LAW II
1. Unlawfully obtaining or permitting
to be obtained information
affecting national defense;
2. Unlawful disclosing of information
affecting national defense;
3. Disloyal acts or words in times of
peace;
4. Disloyal acts or words in times of
war;
5. Conspiracy to violate preceding
sections; and
6. Harboring or concealing violators
of law.
b. BP 39 (FOREIGN AGENTS ACT OF 1979)
Purpose: For reasons of national
security and interest, this act shall
regulate the activities of foreign
agents and require them to register
and disclose their political activities in
the Republic of the Philippines, so that
the government and the people of the
Philippines may be informed of their
identity and may appraise their
statements and actions.
Exemptions.
This Act shall not apply to any
person engaging or agreeing to
engage only ²
1. In private and non-political
activities in furtherance of the
bona fide trade or commerce of a
foreign principal;
2. In activities in furtherance of
bona fide charitable, religious,
scholastic, academic, artistic or
scientific pursuits;
3. In the legal representation of a
foreign principal before any court
or government agency: Provided,
That for purposes of this
subsection, legal representation
does not include attempts to
influence or persuade
government personnel or officials
other than in the course of their
ordinary official business.
Unlawful Acts:
1. It shall be unlawful for any
person within the Philippines
who is a foreign agent:
a. to transmit, convey, or
otherwise furnish to any agency
or official of the government for
or in the interest of a foreign
principal any political
propaganda, or to request from
any agency or official for or in
the interest of such foreign
principal any information or
advice pertaining to any
political or public interests,
policies or relations of foreign
country or of a political party or
pertaining to the foreign or
domestic policies of the
Philippines,
i. unless the propaganda
being issued or the request
being made is prefaced or
accompanied by a true and
accurate statement to the
effect that such person is
c. to make, directly or indirectly,
any contribution of money or
other thing or value, or promise
expressly or impliedly to make
any such contribution, in
connection with any
convention, caucus or other
process to select candidates for
any political office.
2. It shall be unlawful for any
person in the Philippines to
solicit, accept, or receive, directly
or indirectly, from any foreign
agent or from a foreign principal,
any of the contributions, or
promises to make such
contributions, referred to in
subsection (c) of this Section.
3. It shall be unlawful for any public
officer or employee or his spouse
to act as a foreign agent.
However, the government may
employ any foreign agent:
Provided, That the head of the
employing agency certifies that
such employment is required in
the national interest. A
certification issued under this
paragraph shall be forwarded by
the head of such agency to the
Minister who shall cause the
same to be filed along with the
registration statement and other
documents filed by such agent.
c. PD 1069 (THE PHILIPPINE EXTRADITION
LAW)
Aims of Extradition: Extradition may
be granted only pursuant to a treaty
or convention, and with a view to:
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registered as a foreign
agent under this Act.
b. to be a party to any contract,
agreement, or understanding,
either express or implied, with
a foreign principal pursuant to
which the amount or payment
of the compensation, fee or
other remuneration of such
agent is contingent in whole or
in part upon the success of any
political activity carried out by
such agent.
I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS CRIMINAL
LAW II
1. A criminal investigation
instituted by authorities of the
requesting state or government
charging the accused with an
offense punishable under the
laws both of the requesting state
or government and the Republic
of the Philippines by
imprisonment or other form
relevant extradition treaty or
convention; or
2. The execution of a prison
sentence imposed by a court of
the requesting state or
government, with such duration
as that stipulated in the relevant
extradition treaty or convention,
to be served in the jurisdiction of
and as a punishment for an
offense committed by the
accused within the territorial
jurisdiction of the requesting
state or government.
Request; By whom made;
Requirements.
š The request shall be made by the
Foreign Diplomat of the requesting
state or government, addressed to
the Secretary of Foreign Affairs.
š Any foreign state or government
with which the Republic of the
Philippines has entered into
extradition treaty or convention
that remains in force, may request
for the extradition of any accused
who is or suspected of being in the
territorial jurisdiction of the
Philippines.
Issuance of Summons; Temporary
Arrest; Hearing, Service of Notices.
1. Immediately upon receipt of the
petition, the presiding judge of the
court shall, as soon as practicable,
summon the accused to appear
and to answer the petition on the
day and hour fixed in the order.
2. The order and notice as well as a
copy of the warrant of arrest, if
issued, shall be promptly served
each upon the accused and the
at a time and place to be determined
by the Secretary of Foreign Affairs,
after consultation with the foreign
diplomat of the requesting state or
government.
Provisional Arrest.
A request for provisional arrest shall
be sent to the Director of the National
Bureau of Investigation, Manila, either
through the diplomatic channels or
direct by post or telegraph.
CONST. ART. IV, SECTION 5.
Dual allegiance of citizens is inimical
to the national interest and shall be
dealt with by law.
B. Provoking War and disloyalty in case
of war
2. ARTICLE 119
VIOLATION OF NEUTRALITY
Elements
1. There is a war in which the
Philippines is not involved;
2. There is a regulation issued by a
competent authority to enforce
neutrality;
3. Offender violates the regulation.
1. ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements
1. Offender performs unlawful or
unauthorized acts;
2. The acts provoke or give occasion
for ±
a. a war involving or liable to
involve the Philippines; or
b. exposure of Filipino citizens to
reprisals on their persons or
property.
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attorney having charge of the case.
Nature and Conduct of Proceedings.
In the hearing, the provisions of the
Rules of Court insofar as practicable
and not inconsistent with the
summary nature of the proceedings,
shall apply to extradition cases.
Surrender of Accused.
After the decision of the court in an
extradition case has become final and
executory, the accused shall be placed
at the disposal of the authorities of
the requesting state or government,
I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS CRIMINAL
LAW II
C. Piracy and Mutiny on the High Seas or
in Philippine Waters and Qualified
Piracy
IMPORTANT POINT TO REMEMBER
Acts punished as piracy
1. Attacking or seizing a vessel on the
high seas or in Philippine waters;
2. Seizing in the vessel while on the high
seas or in Philippine waters the whole
or part of its cargo, its equipment or
personal belongings of its
complement or passengers.
Presidential Decree No. 532 (The Anti-
Piracy and Anti-Highway Robbery Law
of 1974)
š Was issued in August 1974,
punishing piracy, but not mutiny,
in Philippine territorial waters.
š Thus came about two kinds of
piracy:
(1) that which is punished
under the Revised Penal Code if
committed in the high seas; and
(2) that which is punished
under Presidential Decree No. 532
if committed in Philippine
territorial waters.
Republic Act No. 7659 (AN ACT TO
IMPOSE THE DEATH PENALTY ON
CERTAIN HEINOUS CRIMES,
AMENDING FOR THAT PURPOSE THE
REVISED PENAL CODE, AS AMENDED,
OTHER SPECIAL PENAL LAWS, AND
FOR OTHER PURPOSES)
š amended Presidential Decree No.
532 and now punishes piracy, as
well as mutiny, whether committed
in the high seas or in Philippine
territorial waters, and the penalty
has been increased to reclusion
perpetua from reclusion temporal.
š There is still the crime of abetting
piracy in Philippine waters under
Presidential Decree No. 532.
š Piracy cannot co-exist with the
crime of robbery. Robbery,
therefore, cannot be committed on
board a vessel. But if the taking is
without violence or intimidation on
persons of force upon things, the
crime of piracy cannot be
committed, but only theft.
3. Offender attempts to flee or go
to enemy country;
4. Going to the enemy country is
prohibited by competent
authority.
3. ARTICLE 120
CORRESPONDENCE WITH HOSTILE
COUNTRY
Elements
1. It is in time of war in which the
Philippines is involved;
2. Offender makes correspondence
with an enemy country or territory
occupied by enemy troops;
3. The correspondence is either ±
a. prohibited by the government;
b. carried on in ciphers or
conventional signs; or
c. containing notice or
information which might be
useful to the enemy.
1. ARTICLE 122.
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN
PHILIPPINE WATERS
Elements of piracy
1. The vessel is on the high seas or
Philippine waters;
2. Offenders are neither members of
its complement nor passengers of
the vessel;
3. Offenders either ±
a. attack or seize a vessel on the
high seas or in Philippine
waters; or
b. seize in the vessel while on the
high seas or in Philippine
waters the whole or part of its
cargo, its equipment or
personal belongings of its
complement or passengers;
c. There is intent to gain.
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š PIRACY is a crime against
humanity (hostes humanes
generis)
4. ARTICLE 121
LIGHT TO ENEMY'S COUNTRY
Elements
1. There is a war in which the
Philippines is involved;
2. Offender must be owing
allegiance to the government;
I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS CRIMINAL
LAW II
IMPORTANT POINTS TO REMEMBER IN
THIS ARTICLE
Ø If any of the circumstances in Article
123 is present, piracy is qualified.
Ø Murder, rape, homicide, physical
injuries are mere circumstances
qualifying piracy and cannot be
punished as separate crimes, nor can
they be complexed with piracy.
Ø Although in Article 123 merely refers
to qualified piracy, there is also the
crime of qualified mutiny. Mutiny is
qualified under the following
circumstances:
(1)When the offenders
abandoned the victims
without means of saving
themselves; or
(2)When the mutiny is
accompanied by rape,
murder, homicide, or
physical injuries.
Ø Note that the first circumstance
which qualifies piracy does not
apply to mutiny.
1. REPUBLIC ACT NO. 6235 (THE ANTI
HI-JACKING LAW)
Anti hi-jacking is another kind of piracy
which is committed in an aircraft. In
other countries, this crime is known as
aircraft piracy.
Four situations governed by anti hijacking
law:
(1)usurping or seizing control of an
aircraft of Philippine registry while it
is in flight, compelling the pilots
thereof to change the course or
destination of the aircraft;
(2)usurping or seizing control of an
not in flight, whatever crimes
committed shall be governed by
the Revised Penal Code.
2. ARTICLE 123.
QUALIFIED PIRACY
Elements
1. The vessel is on the high seas or
Philippine waters;
2. Offenders may or may not be
members of its complement, or
passengers of the vessel;
3. Offenders either ±
a. attack or seize the vessel; or
b. seize the whole or part of the
cargo, its equipment., or
personal belongings of the
crew or passengers;
4. The preceding were committed
under any of the following
circumstances:
a. whenever they have seized a
vessel by boarding or firing
upon the same;
b. whenever the pirates have
abandoned their victims
without means of saving
themselves; or
c. whenever the crime is
accompanied by murder,
homicide, physical injuries or
rape.
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aircraft of foreign registry while
within Philippine territory, compelling
the pilots thereof to land in any part
of Philippine territory;
(3)carrying or loading on board an
aircraft operating as a public utility
passenger aircraft in the Philippines,
any flammable, corrosive, explosive,
or poisonous substance; and
(4)loading, shipping, or transporting on
board a cargo aircraft operating as a
public utility in the Philippines, any
flammable, corrosive, explosive, or
poisonous substance if this was done
not in accordance with the rules and
regulations set and promulgated by
the Air Transportation Office on this
matter.
š The important thing is that before
the anti hi-jacking law can apply,
the aircraft must be in flight. If
II. CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE CRIMINAL LAW
II
TITLE II: CRIMES AGAINST
FUNDAMENTAL LAWS OF THE STATE
1. Arbitrary detention (Art. 124);
2. Delay in the delivery of detained
persons to the proper judicial
authorities (Art. 125);
3. Delaying release (Art. 126);
4. Expulsion (Art. 127);
5. Violation of domicile (Art. 128);
6. Search warrants maliciously
obtained and abuse in the service of
those legally obtained (Art. 129);
7. Searching domicile without
witnesses (Art. 130);
8. Prohibition, interruption, and
dissolution of peaceful meetings
(Art. 131);
9. Interruption of religious worship
(Art. 132); Criminal Law).
10. Offending the religious feelings (Art. È In a case decided by the Supreme
133) Court a Barangay Chairman who
IMPORTANT POINTS TO REMEMBER unlawfully detains another was held to
ABOUT THIS TITLE: be guilty of the crime of arbitrary
È Crimes under this title are those that detention.
violate certain provisions in the Bill of š This is because he is a person in
Rights. authority vested with jurisdiction
È The primary offender in ARTICLES 124- to maintain peace and order within
132 is a public officer acting under his barangay (Milo v. Salanga,
supposed exercise of official functions, 1987).
albeit illegally. È There must be an actual restraint of
š A private person may be liable liberty of the offended party.
under these articles ONLY WHEN š The crime committed is only grave
he: or light threat if the offended party
i Conspires with a public may still go to the place where he
officer; OR wants to go, even though there
i Becomes an accomplice or have been warnings.
accessory to said crimes È If the offender falsely imputes a crime
È If these crimes are committed by against a person to be able to arrest him
private persons alone, they would be and appear not determined to file a
liable under TITLE IX (Crimes Against charge against him, the crime is arbitrary
Personal Liberty and Security). detention through unlawful arrest
È ARTICLE 133 can be committed by (Boado, Comprehensive Reviewer in
EITHER a public officer OR a private Criminal Law).
person. ARBITRAR
A. Arbitrary Detention and Expulsion Y
The crime of arbitrary detention assumes DETENTIO
several forms: N
1. Detaining a person without legal ILLEGAL
grounds; DETENTI
2. Having arrested the offended party ON
for legal grounds but without UNLAWFUL
warrant of arrest, and the public ARREST
officer does not deliver the arrested Offend
person to the proper judicial er
authority within the period of 12, Public
18, or 36 hours, as the case may be; officer
or who has
3. Delaying release by competent authority
authority with the same period to make
mentioned in number 2. 1)Privat
IMPORTANT POINTS TO REMEMBER e
ABOUT THIS ARTICLE: person;
È A public officer is deemed such when OR
he is acting within the bounds of his 2)Public
official authority or function. Any
š A police officer who employs force person
in excess of what is necessary is 1. ARTICLE 124. ARBITRARY DETENTION
acting outside the bounds of his Elements:
duties and is considered acting in 1) Offender is a public officer or
employee;
his private capacity (Boado,
2) He detains a person;
Comprehensive Reviewer in
3) The detention is without legal file the
grounds, meaning ± necessar
i. No crime was committed by the y
detained;
charges
ii. Detainee is not violently insane;
iii. The person detained has no
to
ailment which requires incrimin
compulsory confinement in a ate him
hospital. IMPORTANT POINTS TO REMEMBER
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II. CRIMES AGAINST FUNDAMENTAL È This is applicable ONLY WHEN the
LAWS OF THE STATE CRIMINAL LAW arrest is without a warrant.
II È At the beginning, the detention is legal
arrests since it is in the pursuance of a lawful
and detain arrest.
persons š Detention becomes arbitrary when
officer the
who is i applicable period lapses
acting in i without the arresting officer
a private filing a formal charge with
capacity the proper court.
or È The periods stated are counted only
beyond when the prosecutor¶s office is ready to
the receive the complaint or information.
scope of š Nighttime is NOT included in the
his period.
official CASES:
duty 1. Sayo v. Chief of Police (1948)
Crimin š ³Deliver´ means the filing of
al correct information with the
intent proper court (or constructive
Deny the delivery --- turning over the person
offended arrested to the jurisdiction of the
party of court).
his liberty i Purpose is to determine
Deny the whether the offense is
offended bailable or not.
party of 2. People v. Tan (1998)
his š The elements of custodial
liberty investigation are:
Accuse i The suspect is deprived of
the liberty in any significant
offended manner;
party of i The interrogation is initiated
a crime by law enforcement
he did authorities;
not i The interrogation is
commit, inculpatory in character.
deliver 3. Sanchez v. Demetriou (1993)
him to š Where the invitation comes from a
the powerful group composed
proper predominantly of ranking military
authorit officers and the designated
y, and
interrogation site is a military i fiancé or fiancée,
camp, the same can be easily i parent or child,
taken, NOT as a strictly voluntary i brother or sister,
invitation. i grandparent or grandchild,
i It is an authoritative i uncle or aunt,
command that one can only i nephew or niece, AND
defy at his peril. i guardian or ward
RA 7438: RIGHTS OF PERSONS š Any medical doctor OR priest OR
ARRESTED, DETAINED, OR UNDER religious minister
CUSTODIAL INVESTIGATION; DUTIES OF i Chosen by him, or by any
PUBLIC OFFICERS member of his immediate
È Be informed, in a language known to family, or by his counsel
and understood by him, of his rights to š Any national non-governmental
remain silent and to have competent and organization duly accredited by the
independent counsel Commission on Human Rights or
È Be assisted by counsel at all times the Office of the President.
š Preferably of his own choice È The custodial investigation report shall
i If the person arrested, be reduced to writing by the
detained, or under custodial investigating officer.
investigation cannot afford š Its contents shall be read and
the services of counsel, the adequately explained by the
investigating officer must counsel to the person arrested or
provide him with one. detained BEFORE he signs or puts
2. ARTICLE 125. DELAY IN THE his thumbmark thereto.
DELIVERY OF DETAINED š Otherwise, such investigation
PERSONS TO THE PROPER report shall be null and void and of
JUDICIAL AUTHORITIES no effect whatsoever.
Elements: È Any extrajudicial confession made by a
1) Offender is a public officer or person arrested, detained or under
employee; custodial investigation shall be in
2) He detains a person for some writing.
legal ground; š It shall be signed by the person in
3) He fails to deliver such person the presence of his counsel.
to the proper judicial i In the absence of counsel
authorities within ± AND upon a valid waiver, in
i. 12 hours for light the presence of any of the
penalties; following:
ii. 18 hours for correctional § Parents;
penalties; and § Elder brothers and
iii. 36 hours for afflictive or sisters;
capital penalties § Spouse;
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§ Municipal mayor,
II. CRIMES AGAINST FUNDAMENTAL municipal judge,
LAWS OF THE STATE CRIMINAL LAW district school
II supervisor; OR
š Counsel shall at all times be § Priest or minister of
allowed to confer privately with the gospel as chosen
the person by the person
È Be visited by or have conferences with: š Otherwise, such extrajudicial
š Any member of his immediate confession shall be inadmissible as
family, which INCLUDES ± evidence in any proceeding.
i spouse, È Any waiver by a person arrested or
detained under the provisions of Article 3) Offender is not authorized to do
125 of the Revised Penal Code, or under so by law.
custodial investigation, shall be in h

         
  


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writing and signed by such person in the
presence of his counsel.
CASES:
1. Villavicencio v. Lukban (1919)
š The city mayor of Manila
committed the crime of expulsion
when he ordered certain
prostitutes to be transferred to
Davao WITHOUT observing due
processes since they have not been
charged with any crime.
2. Marcos v. Manglapus (1989)
š The request or demand of the
Marcoses to be allowed to return
to the Philippines cannot be
considered in light solely of the
constitutional provisions
guaranteeing liberty of abode and
3. ARTICLE 126. DELAYING
RELEASE
Elements:
1) Offender is a public officer or
employee;
2) There is a judicial or executive
order for the release of a
prisoner or detention prisoner,
OR
A proceeding upon a petition
for the liberation of such
person;
3) Offender without good reason
delays ±
i. the service of the notice of
such order to the prisoner;
ii. the performance of such
judicial or executive order for
the release of the prisoner;
OR
iii. the proceedings upon a
petition for the release of
such person.
4. ARTICLE 127. EXPULSION
Elements:
1) Offender is a public officer or
employee;
2) He either ±
i. expels any person from the
Philippines; or
ii. compels a person to change
residence;
II. CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE CRIMINAL LAW
II
the right to travel which are
neither absolute nor inflexible.
š Considering the unusual
circumstances and the attendant
national security issues, the matter
can be appropriately addressed by
the residual powers of the
president which are implicit in and
correlative to the paramount duty
residing in that office to safeguard
and protect general welfare.
B. Violation of Domicile
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
È Under RULE 113 OF THE REVISED
RULES OF COURT a public officer, who
breaks into the premise, incurs no
liability WHEN a person to be arrested
enters said premise and closes it
thereafter.
š The public officer should have first
given notice of an arrest.
È According to People vs. Doria (1999)
and People vs. Elamparo (2000)1, the
following are the accepted exceptions to
the warrant requirement:
š Search incidental to an arrest;
š Search of moving vehicles;
š Evidence in plain view;
š Customs searches; AND
š Consented warrantless search.
1 Compare these two to the earlier case:
Malacat v.
CA, December 1997.
È Stop and frisk is no longer included.
È ³Against the will´ means that the
offender ignored the prohibition of the
owner which may be express or implied
as when the door is closed even though
not locked (Boado, Comprehensive
Reviewer in Criminal Law).
2. UNLAWFUL USE OF SEARCH
WARRANTS (Arts. 129-130)
RULE 116: SEARCH AND SEIZURE
È A search warrant is an order in writing
-
š Signed by a judge
š Directed to a peace officer,
commanding him to search for
personal property described
therein and bring it before the
court
È Requisites for issuing a search
warrant:
1. ARTICLE 128. VIOLATION OF
DOMICILE
WITHOUT WITNESSES
Elements:
1) Offender is a public officer or
employee;
2) He is armed with search warrant
legally procured;
3) He searches the domicile, papers or
other belongings of any person;
4) The owner, or any members of his
family, or two witnesses residing in
the same locality are not present.
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Elements:
1) Offender is a public officer or
employee;
2) He is not authorized by
judicial order ±
i. To enter the dwelling, or
ii. To make a search therein
for papers or other effects;
OR
iii. He refuses to leave, after
having surreptitiously
entered such dwelling and
been required to leave the
same
Qualifying Circumstances:
1) If committed at nighttime; or
2) If any papers or effects not
constituting evidence of a
crime are not returned
immediately after the search
made by offender
ARTICLE 129. SEARCH WARRANTS
MALICIOUSLY OBTAINED, AND ABUSE
OF SERVICE OF THOSE LEGALLY
OBTAINED
Acts punished
1. Procuring a search warrant
without just cause;
Elements:
i. Offender is a public officer or
employee;
ii. He procures a search warrant;
iii. There is no just cause.
2. Exceeding his authority or using
unnecessary severity in executing a
search warrant legally procured.
Elements:
i. Offender is a public officer or
employee;
ii. He has legally procured a search
warrant;
iii. He exceeds his authority or uses
unnecessary severity in executing
the same.
ARTICLE 130. SEARCHING DOMICILE
II. CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE CRIMINAL LAW
II
š Probable cause, in connection with
one specific offense, to be
determined personally by the
judge
i AFTER examination under
oath or affirmation of the
complainant and the witness
he may produce
š Particular description of ±
i Place to be searched; AND
i Things to be seized which
may be anywhere in the
Philippines
È EVEN IF the search warrant is valid
there is violation of domicile in the
following situations where:
š The officer exceeded his authority
under the search warrant;
š He employed excessive severity or
destruction in the house;
š The search was made when the
occupants were absent and the
search is conducted without at
least 2 witnesses residing in the
locality where the search was
made (Boado, Comprehensive
Reviewer in Criminal Law).
È An officer may break open any outer or
inner door or window of a house or any
part of a house or anything therein WHEN
these circumstances concur:
š He is refused admittance to the
place of directed search;
š His purpose is to execute the
warrant to liberate himself or any
person lawfully aiding him when
unlawfully detained therein;
š He has given notice of his purpose
and authority.
È The warrant must direct that it be
served in the day time.
š HOWEVER, it can be served at any
time of the day or night WHEN the
affidavit asserts that the property
is on the person or in the place
ordered to be searched.
È A search warrant shall be valid for ten
(10) days from its date.
È The officer seizing the property under
the warrant must give a detailed receipt
for the same to the lawful occupant of
the premises in whose presence the
search and seizure were made.
š In the absence of such occupant,
the officer must leave a receipt in
the place in which he found the
seized property in the presence of
at least two witnesses of sufficient
age and discretion residing in the
D. Crimes against Religious Worship
C. ARTICLE 131. PROHIBITION,
INTERRUPTION AND DISSOLUTION OF
PEACEFUL MEETINGS
Elements:
1) Offender is a public officer or
employee;
2) He performs any of the following
acts:
i. prohibiting or by interrupting,
without legal ground, the
holding of a peaceful meeting,
or by dissolving the same;
ii. hindering any person from
joining any lawful association,
or attending any of its
meetings;
iii. prohibiting or hindering any
person from addressing, either
alone or together with others,
any petition to the authorities
for the correction of abuses or
redress of grievances.
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same locality.
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
È The government has a right to require
a permit before any gathering could be
made.
š HOWEVER, the government only
has regulatory, NOT
PROHIBITORY, powers with regard
to such requirement.
È The permit should state the day, time,
and place of the gathering.
È If the permit is denied arbitrarily, OR
the officer dictates the place where the
meeting is to be held, this article is
VIOLATED.
È If in the course of the assembly, which
started out peacefully, the participants
commited illegal acts like oral defamation
or inciting to sedition, a public officer or
law enforcer can stop or dissolve the
meeting.
È Two criteria to determine whether this
article would be violated:
š Dangerous tendency rule ±
applicable in times of national
unrest such as to prevent coup
d¶etat.
š Clear and present danger rule ±
applied in times of peace. Stricter
rule.
II. CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE CRIMINAL LAW
II
È Qualified if committed by violence or
threat.
CASES:
1. People v. Baes (1939)
š An act is NOTORIOUSLY
OFFENSIVE to the religious
feelings when a person:
i ridicules or makes light of
anything constituting a
religious dogma
i works or scoffs at anything
devoted to religious
ceremonies
i plays with or damages or
destroys any object or
veneration by the faithful
š WON an act is offensive to the
religious feelings, is a question of
fact which must be adjudged only
according to the feelings of the
Catholics and not those of other
faithful ones.
i What happened in this case
was that a Catholic priest
complained against a group
that passed by the
churchyard as they were
holding the funeral rites of a
Church of Christ member. 141);
š Laurel Dissent: The determination 7. Inciting to sedition (Art. 142);
should NOT be made to depend 8. Acts tending to prevent the meeting of
upon more or less broad or narrow Congress and similar bodies (Art.
conception of any given religion. 143);
Facts and circumstances should be 9. Disturbance of proceedings of
viewed through an unbiased Congress or similar bodies (Art. 144);
judicial criterion. 10. Violation of parliamentary immunity
i This later became the (Art. 145);
majority decision in People 11. Illegal assemblies (Art. 146);
v. Tengson. 12. Illegal associations (Art. 147);
2. People v. Nanoy 13. Direct assaults (Art. 148);
š The crime is only UNJUST 14. Indirect assaults (Art. 149);
VEXATION when the act is NOT 15. Disobedience to summons issued by
directed to the religious belief Congress, its committees, etc., by the
itself and there is no intention of constitutional commissions, its
causing so serious a disturbance as committees, etc. (Art. 150);
to interrupt a religious ceremony. 16. Resistance and disobedience to a
1. ARTICLE 132. INTERRUPTION OF person in authority or the agents of
RELIGIOUS WORSHIP such person (Art. 151);
Elements: 17. Tumults and other disturbances of
1) Offender is a public officer or public order (Art. 153);
employee; 18. Unlawful use of means of publication
2) Religious ceremonies or and unlawful utterances (Art. 154);
manifestations of any religious 19. Alarms and scandals (Art. 155);
are about to take place or are 20. Delivering prisoners from jails (Art.
going on; 156);
3) Offender prevents or disturbs 21. Evasion of service of sentence (Art.
the same. 157);
2. ARTICLE 133. OFFENDING THE 22. Evasion on occasion of disorders (Art.
RELIGIOUS FEELINGS 158);
Elements: 23. Violation of conditional pardon (Art.
1) Acts complained of were 159);
performed in a place devoted to 24. Commission of another crime during
religious worship, OR during the service of penalty imposed for another
celebration of any religious previous offense (Art. 160).
ceremony; A. Rebellion, Coup d¶ Etat, Sedition and
2) The acts must be notoriously Disloyalty
offensive to the feelings of the 1. Rebellion or Insurrection
faithful. Art. 134: Rebellion/Insurrection
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III. CRIMES AGAINST PUBLIC ORDER 1. There is a public uprising and taking
CRIMINAL LAW II arms against the government;
TITLE III: CRIMES AGAINST PUBLIC 2. The purpose of the uprising or
ORDER movement is ±
1. Rebellion or insurrection (Art. 134); a. to remove from the allegiance to
2. Conspiracy and proposal to commit the government or its laws
rebellion (Art. 136); Philippine territory or any part
3. Disloyalty to public officers or thereof, or any body of land, naval,
employees (Art. 137); or other armed forces; or
4. Inciting to rebellion (Art. 138); b. to deprive the Chief Executive or
5. Sedition (Art. 139); Congress, wholly or partially, of
6. Conspiracy to commit sedition (Art. any of their powers or
prerogatives. Crime against
IMPORTANT POINTS TO REMEMBER national security
ABOUT THIS ARTICLE: There must be
Ø Rebellion²more frequently used public uprising to
where the object of the movement is overthrow the
completely to overthrow and government
supersede the existing government Being officers and
(Reyes, citing 30 Am. Jr. 1) ranking members
Ø Insurrection²more commonly of subversive
employed in reference to a movement groups constitute
which seeks merely to effect some subversion
change of minor importance, or to Difference between Rebellion and
prevent the exercise of governmental Sedition
authority with respect to particular Rebellion Sedition
matters or subjects (Reyes, citing 30 There must be
Am. Jr. 1) taking up or arms
Ø There is no crime of misprision of against the
rebellion. It is sufficient that
Ø Rebellion cannot be complexed with, the public uprising
but absorbs other crimes committed be tumultuous.
in furtherance of rebellion. There is no h

         
  


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complex crime of rebellion with III. CRIMES AGAINST PUBLIC ORDER
murder and other common crimes. CRIMINAL LAW II
Ø Rebellion is not covered by Art. 2 on government.
extraterritorial jurisdiction. The purpose is
Difference Between Rebellion and always political.
Treason The purpose may
Rebellion Treason be political or
The levying of war social.
against the 1. Enrile v Salazar (1990)
government during Ø The doctrine laid down in People v
peace time for any Hernandez remains good law. (In
purpose mentioned Hernandez, the Court ruled that
in Art. 134 rebellion cannot be complexed with
The levying of war common crimes.) Why?
against the š There are no new challenges
government would presented to the Court that are
constitute treason persuasive enough to merit the
when performed to reversal of Hernandez.
aid the enemy š President Aquino repealed PD 942
Always involves which sought to nullify Hernandez.
taking up arms By enacting a new provision in the
against the RPC which states that, ³when
government. reason, or on the occasion, of an of
Mere adherence to the crimes penalized in this
the enemy giving Chapter, acts which constitute
him aid and offenses upon which graver
comfort penalties are imposed by law are
Difference between Rebellion and committed, the penalty for the
Subversion more serious offense in its
Rebellion Subversion maximum period shall be
Crime against imposed,´ she has reinstated
pubic order Hernandez as binding.
2. Ponce Enrile v Amin (1990)
Ø All crimes, whether punishable under
special a or general law, which are
mere components or ingredients, or
committed in furtherance thereof,
become absorbed in the crime or
rebellion and cannot be isolated and
charged as separate crimes
themselves.
3. People v. Lovedioro (1995)
Ø The political motive of the act should
for the exercise and continued
possession of power;
4. The purpose of the attack is to
seize or diminish state power.
Persons liable for rebellion,
insurrection or coup d' etat
The leaders ±
a. Any person who
promotes, maintains or heads a
rebellion or insurrection; or
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be clearly demonstrated.
Ø If this could not be done, the accused
should be convicted of the common
crime not of rebellion.
2. Coup d¶ etat
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
È Essence of the crime: Swift attack
against the government, its military
camps an installations, etc.
È It may be committed singly or
collectively
È Requires as a principal offender a
member of the AFP, PNP, or a public
officer with or without civilian support
È Objective: To destabilize, immobilize,
or paralyze the existing government by
taking over such facilities essential to the
continued exercise of governmental
powers.
È Committed through force, violation,
intimidation, threat, strategy or stealth
(Boado, Comprehensive Reviewer in
Criminal Law).
Penalty for Rebellion, Insurrection or
Coup d¶ etat (Art. 135)
Article 134-A: Coup d¶ Etat
Elements
1. Offender is a person or persons
belonging to the military or police
or holding any public office or
employment;
2. It is committed by means of a
swift attack accompanied by
violence, intimidation, threat,
strategy or stealth;
3. The attack is 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
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Mere silence or omission is not
punishable.
Ø If under the command of unknown
leaders, any person who spoke for,
signed receipts and other documents
issued in their name on behalf of the
rebels shall be deemed a leader.
Ø Not a defense: The accused did not take
the oath of allegiance to, or that thy
never recognized the government.
Question: What is a political crime?
Answer: Those directly aimed against the
political order; includes common crimes
committed to achieve a political purpose.
Decisive factor: Intent.
3. Conspiracy and Proposal to Commit
Rebellion, Insurrection, or Coup d¶Etat
(Art. 136)
There are two crimes punished here:
Ø Conspiracy to commit rebellion;
and
Ø Proposal to commit rebellion.
§ Conspiracy²when two or more
persons come to an agreement to rise
publicly and take arms against
government for any of the purposes of
rebellion and decide to commit it.
§ Proposal²when the person who has
decided to rise publicly and take arms
against the government for any of the
purposes of rebellion proposes its
execution to some other person or
persons.
4. Disloyalty of Public Officers or
Employees
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø The crime presupposes rebellion
committed by other persons.
Ø Offender must not be in conspiracy with
the rebels.
Ø Effect of conspiracy: Public officer is
himself guilty of rebellion.
5. Inciting to Rebellion or Insurrection
IMPORTANT POINT TO REMEMBER ABOUT
THIS ARTICLE:
Ø Can only be committed by civilians who
do not take part therein.
Difference Between Inciting to Rebellion
and Proposal to Commit Rebellion
Inciting to
Rebellion
b. Any person who leads,
directs or commands others to
undertake a coup d' etat;
The participants ±
a. Any person who participates or
executes the commands of
others in rebellion, insurrection
or coup d' etat;
ð
Any person not in the
government service who
participates, supports, finances,
abets or aids in undertaking a
coup d' etat.
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Proposal to Commit III. CRIMES AGAINST PUBLIC ORDER
Rebellion CRIMINAL LAW II
The offender induces another to commit means.
rebellion. NOTE: In both, the crime of rebellion
The person who should not be actually committed by the
proposes has persons to whom it is proposed or who
decided to commit are incited; otherwise, they become
rebellion. principals by inducement in the crime of
There is no need rebellion.
that the offender 6. Sedition
has decided to IMPORTANT POINTS TO REMEMBER
commit rebellion. ABOUT THIS ARTICLE:
The person who Ø Definition of Tumultuous: If caused by
proposes the more than three persons who are
execution of the armed or provided with the mans of
crime uses secret violence
The act of inciting Ø The purpose of this crime is not the
is done publicly. overthrow of the government but the
Punishable acts: violation of public peace.
1. Failing to resist a rebellion by all Ø Under R.A. 8294, sedition absorbs the
means in their power use of unlicensed firearm as an
2. Continuing to discharge the duties element thereof; hence, not
of their office under the control of the aggravating, and the offender can no
rebels longer be prosecuted for illegal
3. Accepting appointment to office possession of firearm. (Boado,
under the rebels. Comprehensive Reviewer in Criminal
Article 138. Inciting to Rebellion Law).
or Insurrection Difference Between Sedition and Treason
Elements Sedition Treason
1. Offender does not take arms or It is the raising of
is not in open hostility against commotions or
the government; disturbances in the
2. He incites others to the State.
execution of any of the acts of It is the violation
rebellion; by a subject of his
3. The inciting is done by means allegiance to his
of speeches, proclamations, sovereign.
writings, emblems, banners or Note: For differences between Sedition
other representations tending and Rebellion, please GO to page 15.
1. People v Cabrera 1. The leader of the sedition;
š Definition of Sedition: The raising 2. Other person participating in
of commotions or disturbance in the sedition.
the State h

         
  


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š No distinction! It is not necessary
that the offender be a private
citizen and the offended party a
public functionary.
Persons Liable for Sedition (Art. 140)
7. Conspiracy to Commit Sedition (Art.
141)
Ø In this crime, there must be an
agreement and a decision to rise
publicly and tumultuously to attain
any of the objects of sedition.
Ø There is no proposal to commit
sedition.
Article 139: Sedition
Elements:
1. Offenders rise publicly and
tumultuously;
2. Offenders employ force,
intimidation, or other means
outside of legal methods;
3. Purpose is to attain any of the
following objects:
a. To prevent the
promulgation or execution of
any law or the holding of any
popular election;
b. To prevent the national
government or any provincial
or municipal government, or
any public officer from
exercising its or his functions
or prevent the execution of an
administrative order;
c. To inflict any act of hate or
revenge upon the person or
property of any public officer
or employee;
d. To commit, for any political
or social end, any act of hate
or revenge against private
persons or any social classes;
e. To despoil for any political
or social end, any person,
municipality or province, or
the national government of all
its property or any part
thereof.
Persons liable for sedition under
Article 140
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
8. Inciting to Sedition
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Only non-participant in sedition may
be liable.
Ø Considering that the objective of
sedition is to express protest against
the government and in the process
creating hate against public officers,
any act that will generate hatred
against the government or a public
officer concerned or a social class may
amount to Inciting to Sedition. Article
142 is, therefore, quite broad.
Ø Tests relative to seditious words:
Clear and Present Danger, and
Dangerous Tendency
1. US v Tolentino
š The manifest, unmistakable
tendency of the play, in view of the
time, place, and manner of its
presentation, was to inculcate a
spirit of hatred and enmity against
the American people and the
Government of the US in the
Philippines.
B. Crimes Against Popular Representation
1. Acts Tending to Prevent the Meeting of
the Assembly and Similar Bodies
2. Disturbance of Proceedings
Article 143. Acts Tending to
Prevent the Meeting of the
Congress of the Philippines
and Similar Bodies
Elements
1. There is a projected or actual
meeting of Congress or any of
its committees or
subcommittees, constitutional
committees or divisions
thereof, or of any provincial
board or city or municipal
council or board;
2. Offender, who may be any
person, prevents such
meetings by force or fraud.
Article 144. Disturbance of
Proceedings
Elements
1. There is a meeting of Congress or
any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or of any
provincial board or city or
municipal council or board;
2. Offender does any of the following
acts:
cabal and meet together for
unlawful purposes
3. They suggest or incite
rebellious conspiracies or riots
4. They lead or tend to stir up the
people against the lawful
authorities or disturb the peace
of the community, and the
safety and order of the
government.
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a. He disturbs any of such
meetings;
b. He behaves while in the
presence of any such bodies in
such a manner as to interrupt its
proceedings or to impair the
respect due it.
Article 142: Inciting to Sedition
Acts punished
1. Inciting others to the
accomplishment of any of the
acts which constitute sedition
by means of speeches,
proclamations, writings,
emblems, etc.;
2. Uttering seditious words or
speeches which tend to disturb
the public peace;
3. Writing, publishing, or
circulating scurrilous libels
against the government or any
of the duly constituted
authorities thereof, which tend
to disturb the public peace.
Elements of Act No. 1:
1. Offender does not take direct
part in the crime of sedition;
2. He incites others to the
accomplishment of any of the
acts which constitute sedition;
Inciting is done by means of
speeches, proclamations,
writings, emblems, cartoons,
banners, or other
representations tending
towards the same end.
Acts No. 2 and No.3 Punishable
when:
1. They tend to disturb or
obstruct any lawful officer in
executing the functions of his
office
2. They tend to instigate others to
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Complaint may be filed by a member of
the legislative body.
Ø One who disturbs may also be punished
for contempt by Congress.
3. Violation of Parliamentary Immunity
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Parliamentary immunity does not
protect members of Congress from
responsibility before Congress itself
Ø 1987 Consti: Members of Congress not
liable for offenses punishable by a
penalty less than prision mayor (6 yrs
and 1 day to 12 yrs), while Congress
is in session.
C. Illegal Assemblies and Associations
1. Illegal Assemblies
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Persons liable for illegal assembly
1. The organizer or leaders of the
meeting;
2. Persons merely present at the
meeting, who must have a common
intent to commit the felony of illegal
assembly.
Ø Presumptions if a person carried an
unlicensed firearm:
ARTICLE 146. ILLEGAL
ASSEMBLIES
Acts punished
1. Any meeting attended by
armed persons for the purpose
of committing any of the crimes
punishable under the Code;
Elements
a. There is a meeting, a gathering
or group of persons, whether in
fixed place or moving;
b. The meeting is attended by
armed persons;
c. The purpose of the meeting is
to commit any of the crimes
punishable under the Code.
2. Any meeting in which the
audience, whether armed or
not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition, or
assault upon person in
authority or his agents.
Elements
a. There is a meeting, a gathering
or group of persons, whether in
a fixed place or moving;
except in case such member has
committed a crime punishable
under the Code by a penalty
higher than prision mayor.
Elements
a. Offender is a public officer of
employee;
b. He arrests or searches any
member of Congress;
c. Congress, at the time of arrest
or search, is in regular or
special session;
d. The member arrested or
searched has not committed a
crime punishable under the Code
by a penalty higher than prision
mayor.
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b. The audience, whether armed
or not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or direct
assault.
Article 145. Violation of
Parliamentary Immunity
Acts punished
1. Using force, intimidation,
threats, or frauds to prevent
any member of Congress from
attending the meetings of
Congress or of any of its
committees or subcommittees,
constitutional commissions or
committees or divisions
thereof, or from expressing his
opinion or casting his vote;
Elements
a) Offender uses force,
intimidation, threats or fraud;
b)The purpose of the offender is to
prevent any member of Congress
from:
i. attending the meetings of
the Congress or of any of its
committees or
constitutional commissions,
etc.;
ii. expressing his opinion; or
iii. casting his vote.
2. Arresting or searching any
member thereof while Congress is
in regular or special session,
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
š The purpose of the meeting insofar
as he is concerned is to commit
acts punishable under the RPC
š He is considered a leader or
organizer of the meeting. (Note:
Not all persons present at the
meeting of the first form of illegal
assembly must be armed.)
2. Illegal Associations
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Persons liable
1. Founders, directors and president
of the association;
2. Mere members of the association.
Ø Public Morals- matters which affect
the interest of society and public
convenience and is not limited to good
customs
Difference Between Illegal Association
and Illegal Assembly
Illegal Assembly Illegal Association
There must be an
actual meeting or
assembly
Actual meeting not
necessary
What is punished
are the meeting and
the attendance
therein
What is punished
is the act of
forming or by seriously intimidating or by
organizing the seriously resisting any person in
association authority or any of his agents,
Persons liable: while engaged in the
1. Organizers or performance of official duties,
leaders of the or on occasion of such
meeting performance.
2. Persons Elements
present at a. Offender makes an attack,
the meeting employs force, makes a serious
Persons liable: intimidation, or makes a serious
1. Founders, resistance;
directors, b. The person assaulted is a
president person in authority or his agent;
2. The c. At the time of the assault, the
members person in authority or his agent
D. Assault Upon, and Resistance and is engaged in the actual
Disobedience to, Persons in Authority performance of official duties,
and their Agents or that he is assaulted by reason
1. Direct Assault of the past performance of
IMPORTANT POINTS TO REMEMBER official duties;
ABOUT THIS ARTICLE: d. Offender knows that the one he
Ø The first form of direct assault is is assaulting is a person in
tantamount to rebellion or sedition, authority or his agent in the
except that there is no pubic uprising. exercise of his duties.
Ø Classifications of direct assault: e. There is no public uprising.
simple and qualified. h

         
  


 
 h
ILLEGAL ASSOCIATIONS
1. Associations totally or partially
organized for the purpose of
committing any of the crimes
punishable under the Code;
2. Associations totally or partially
organized for some purpose
contrary to public morals.
ARTICLE 148. DIRECT ASSAULT
ACTS PUNISHED
1. Without public uprising, by
employing force or intimidation
for the attainment of any of the
purposes enumerated in
defining the crimes of rebellion
and sedition;
Elements
a. Offender employs force or
intimidation;
b. The aim of the offender is to
attain any of the purposes of the
crime of rebellion or any of the
objects of the crime of sedition;
c. There is no public uprising.
2. Without public uprising, by
attacking, by employing force or
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
Ø When qualified:
š There is a weapon employed in the
attack
š The offender is a public officer
š The offender lays hands on a public
authority
Ø When the assault results in the killing
of that agent or of a person in
authority, there arises a complex
crime of direct assault with murder or
homicide.
Ø The only time when it is not
complexed is when material
consequence is a light felony, that is,
slight physical injury. Direct assault
absorbs the lighter felony.
Ø Resistance or disobedience to an
agent of a person in authority is
always serious, but to an agent of a
person in authority, it may or may not
be serious.
Ø If the public officer is not a person in
authority, the assault on him is an
aggravating circumstance in Art. 14,
no. 3 (rank). (Boado, Comprehensive and
Reviewer in Criminal Law) security of
Persons in Authority and Agents of life and
Persons in Authority (Art. 152) property.
Public Ø Teachers, lawyers and heads of
Officer schools recognized by government are
Persons in persons in authority only for purposes
Authority of Art. 152 in relation to Arts. 148 and
Agents of a 151, and in connection with their
Person in duties.
Authority Ø A person in authority includes a
Any person barangay chairman and members of
who takes the Lupong Tagapagkasundo as
part in the provided under the Local Government
performanc Code. (Boado, Comprehensive
e of public Reviewer in Criminal Law)
functions in 2. Indirect Assault
the IMPORTANT POINTS TO REMEMBER
governmen ABOUT THIS ARTICLE:
t. Can only be committed when a direct
Any person assault is also committed.
directly Art. 152 clothes any person who comes
vested with to the aid of a person in authority with
jurisdiction, the fiction of an agent of a person in
whether as authority. Any assault on him on the
an individual occasion of his aiding a person in
or as a authority or his agent in indirect
member of assault.
some court 3. Disobedience to Summons Issued by
or Congress, Its Committees or
government Subcommittees, by the Constitutional
al Commissions, Its Committees,
corporation, Subcommit-tees or Divisions
board or ARTICLE 149. INDIRECT ASSAULT
commission. Elements
Any person 1. A person in authority or his agent
who, by is the victim of any of the forms of
direct direct assault defined in Article
provision of 148;
law or by 2. A person comes to the aid of such
election or authority or his agent;
by 3. Offender makes use of force or
appointmen intimidation upon such person
t by coming to the aid of the authority
competent or his agent.
authority, h

         
  


 h  h
is charged III. CRIMES AGAINST PUBLIC ORDER
with the CRIMINAL LAW II
maintenanc IMPORTANT POINT TO REMEMBER ABOUT
e of public THIS ARTICLE:
order and The testimony of a person summoned
he must be upon matters into which the
protection legislature has jurisdiction to inquire.
4. Article 151. Resistance and serious nature.
Disobedience to A Person in Authority or 4. By restraining another from
the Agents of Such Person attending as a witness in such
IMPORTANT POINT TO REMEMBER ABOUT legislative or constitutional body;
THIS ARTICLE: 5. By inducing disobedience to a
The accused must have knowledge that summons or refusal to be sworn
the person giving the order is a peace by any such body or official.
officer. ARTICLE 150. DISOBEDIENCE TO
Difference Between Serious Disobedience SUMMONS ISSUED BY CONGRESS,
and Direct Assault ITS COMMITTEES OR
Serious SUBCOMMITTEES, BY THE
Disobedience CONSTITUTIONAL COMMISSIONS,
Direct Assault ITS COMMITTEES, SUBCOMMITTEES
Only in the OR DIVISIONS
actual Acts punished
performance of 1. By refusing, without legal
duties excuse, to obey summons of
The Pub Authority or Congress, its special or
the Agent of the Pub standing committees and
Authority must be subcommittees, the
engaged in the Constitutional Commissions and
performance of its committees, subcommittees
official duties or that or divisions, or by any
he is assaulted by commission or committee
reason thereof. chairman or member authorized
Use of force is to summon witnesses;
not so serious. 2. By refusing to be sworn or
There is force placed under affirmation while
employed. being before such legislative or
ARTICLE 151. RESISTANCE AND constitutional body or official;
DISOBEDIENCE TO A PERSON IN 3. By refusing to answer any legal
AUTHORITY OR THE AGENTS OF SUCH inquiry or to produce any
PERSON books, papers, documents, or
Elements of resistance and serious records in his possession, when
disobedience: required by them to do so in the
1. A person in authority or his agent exercise of their functions;
is engaged in the performance of h

         
  


   h
official duty or gives a lawful order
to the offender;
2. Offender resists or seriously
disobeys such person in authority
or his agent;
3. The act of the offender is not
included in the provision of
Articles 148, 149 and 150.
Elements of simple disobedience:
1. An agent of a person in authority
is engaged in the performance of
official duty or gives a lawful order
to the offender;
2. Offender disobeys such agent of a
person in authority;
3. Such disobedience is not of a
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
E. Public Disorders
1. Tumults and Other Disturbances
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Serious disturbance must be planned
or intended.
Ø This article applies if the disturbance
is not caused by a public officer; or, if
it is committed by a public officer, he
is a participant therein.
Ø Definition of outcry: to shout
subversive or provocative words
tending to stir up the people to obtain
by means of force or violence any of
the objects of rebellion or sedition.
Ø If done unconsciously: This article
applies.
Ø If done with intent to commit
rebellion or sedition: The crime is
inciting to rebellion or sedition.
Ø Definition of tumultuous: If caused by
more than 3 persons who are armed
or provided with the means of
violence
Ø Definition of ³burying with pomp the
body of a person´: ostentatious
display of a burial
2. Unlawful Use of Means of Publication
and Unlawful Utterances
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø To be liable, the offender must know
that the news is false
Ø Actual public disorder or actual
damage to the credit of the State is
not necessary.
ARTICLE 155. ALARMS AND
SCANDALS
Acts Punished
h
 


public order in such place;
5. Burying with pomp the body of a
person who has been legally
executed.
Article 154: Unlawful Use of Means
of Publication and Unlawful
Utterances
Acts Punished:
1. Publishing or causing to be
published as news any false
news which may endanger the
public order, or cause damage
to the interest or credit of the
State
2. Encouraging disobedience to the
law or the constituted
authorities or by praising,
justifying or extolling any act
punished law, by the same
means or by words, utterances
or speeches
3. Maliciously publishing or
causing to be published any
official resolution or document
without authority, or before





they have been published











officially










4. Printing, publishing or








distributing (or causing the



same) books, pamphlets,
2. Instigating or taking an active periodicals, or leaflets which do
part in any charivari or other no bear the real printer¶s name,
disorderly meeting offensive to or which are classified as
another or prejudicial to public anonymous.
tranquility; h

         
  


   h
ARTICLE 153. TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER
Acts Punished:
1. Causing any serious disturbance
in a public place, office or
establishment;
2. Interrupting or disturbing
performances, functions or
gatherings, or peaceful
meetings, if the act is not
included in articles 131 and
132;
3. Making any outcry tending to
incite rebellion or sedition in
any meeting, association or
public place;
4. Displaying placards or emblems
which provoke a disturbance of
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
3. Alarms and Scandals
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø The crime alarms and scandal is only
one crime.
Ø Scandal here does not refer to moral
scandal; that one is grave scandal in
Article 200.
Ø The essence of the crime is
disturbance of public tranquility and
public peace. Any kind of disturbance
of public order where the
circumstance at the time renders the
act offensive to the tranquility
prevailing, the crime is committed.
Ø Definition of charivari: includes a
medley of discordant voices, a mock
serenade of discordant noises made
on kettles, tin, horns, etc. designed to
annoy or insult
4. Delivery of Prisoners from Jail
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
judgment;
2. He is serving sentence which
consists in the deprivation of
liberty;
3. He evades service of his sentence
by escaping during the term of his
imprisonment.











Ø In relation to infidelity in the custody














of prisoners, correlate the crime of




delivering person from jail with h












infidelity in the custody of prisoners 




!
"
#



punished under Articles 223, 224 and $










225 of the Revised Penal Code. 




Ø In both acts, the offender may be a %








 


public officer or a private citizen. Do 












not think that infidelity in the custody &
' 









of prisoners can only be committed by 












a public officer and delivering persons



from jail can only be committed by
private person. Both crimes may be
committed by public officers as well
as private persons.
Ø The only point of distinction between
the two crimes lies on whether the
offender is the custodian of the
prisoner or not at the time the
prisoner was made to escape.
Ø If the prisoner who escapes is only a
detention prisoner, he does not incur
liability from escaping if he does not
know of the plan to remove him from
jail.
Ø But if such prisoner knows of the plot
to remove him from jail and
cooperates therein by escaping, he
himself becomes liable for delivering

ARTICLE 156. DELIVERY OF
PRISONERS FROM JAIL
Elements
1. There is a person confined in a jail
or penal establishment;
2. Offender removes therefrom such
person, or helps the escape of
such person.
3. Disturbing the public peace while
wandering about at night or
while engaged in any other
nocturnal amusements;
4. Causing any disturbance or
scandal in public places while
intoxicated or otherwise,
provided Article 153 in not
applicable.
h

         
  


   h
prisoners from jail as a principal by
indispensable cooperation.
Ø If three persons are involved ± a
stranger, the custodian and the
prisoner ± three crimes are
committed:
(1)Infidelity in the custody of
prisoners;
(2)Delivery of the prisoner from jail;
and
(3)Evasion of service of sentence.
F. Evasion of Service of Sentence
1. Evasion of Service of Sentence
ARTICLE 157. EVASION OF SERVICE
OF SENTENCE
Elements
1. Offender is a convict by final
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Evasion of service of sentence has
three forms:
(1)By simply leaving or escaping from
the penal establishment under
Article 157;
(2)Failure to return within 48 hours
after having left the penal
establishment because of a
calamity, conflagration or mutiny
and such calamity, conflagration or
mutiny has been announced as
already passed under Article 158;
(3) Violating the condition of
conditional pardon under Article
159.
Ø In leaving or escaping from jail or
prison, that the prisoner immediately
returned is immaterial. It may be
mitigating, but it will not absolve his
criminal liability.
2. Evasion of Service of Sentence on the
Occasion of Disorders, Conflagrations,
Earthquakes, or Other Calamities
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø The leaving from the penal
establishment is not the basis of
criminal liability. It is the failure to




return within 48 hours after the
passing of the calamity, conflagration
or mutiny had been announced.
Ø Under Article 158, those who return
within 48 hours are given credit or
deduction from the remaining period
of their sentence equivalent to 1/5 of
the original term of the sentence.
Ø If the prisoner fails to return within
said 48 hours, an added penalty, also
1/5, shall be imposed but the 1/5
penalty is based on the remaining
period of the sentence, not on the
original sentence. In no case shall
that penalty exceed six months.
Ø Mutiny is one of the causes which may
authorize a convict serving sentence
in the penitentiary to leave the jail
provided he has not taken part in the
mutiny.
3. Other Cases of Evasion of Service of
Sentence
sentence, that is, continue serving
original penalty.
ARTICLE 158. EVASION OF SERVICE
OF SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER
CALAMITIES
Elements
1. Offender is a convict by final
judgment, who is confined in a
penal institution;
2. There is disorder, resulting from ±
a. conflagration;
b. earthquake;


d. similar catastrophe; or
e. mutiny in which he has not
participated;
3. He evades the service of his
sentence by leaving the penal
institution where he is confined,
on the occasion of such disorder
or during the mutiny;
4. He fails to give himself up to the
authorities within 48 hours
following the issuance of a
proclamation by the Chief
Executive announcing the passing
away of such calamity.
ARTICLE 159. OTHER CASES OF EVASION
OF SERVICE OF SENTENCE
Elements
1. Offender was a convict;
2. He was granted pardon by the Chief
Executive;
3. He violated any of the conditions of
such pardon.
h

         
  


   h
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Violation of conditional pardon is a
distinct crime.
Ø In violation of conditional pardon, as
a rule, the violation will amount to
this crime only if the condition is
violated during the remaining period
of the sentence.
Ø If the condition of the pardon is
violated when the remaining unserved
portion of the sentence has already
lapsed, there will be no more criminal
liability for the violation.
Ø However, the convict maybe required
to serve the unserved portion of the
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
G. Quasi-Recidivism
Commission of Another Crime During
Service of Penalty Imposed for Another
Previous Offense
IMPORTANT POINT TO REMEMBER ABOUT
THIS ARTICLE:
Do not confuse the following:
REPUBLIC ACT NO. 8294: AMENDING PD
1866 ON ILLEGAL POSSESSION OF
FIREARMS
Acts punished:
1. Unlawful manufacture, sale,
acquisition, disposition or possession
of firearms or ammunition or
instruments used or intended to be 1. Offender was already convicted
used in the manufacture of firearms by final judgment of one
or ammunition. offense;
Note: If homicide or murder is 2. He committed a new felony
committed with the use of an unlicensed before beginning to serve such
firearm, sentence or while serving the
such use of an unlicensed firearm shall same.
be considered as Habitual
Delinquency
an aggravating circumstance. Art. 62 (5)
Note: If the violation of this Sec. Recidivism
is in furtherance of, or incident to, Art. 14 (9)
Habituality/
or in connection with the crime of Reiteracion
rebellion, insurrection, sedition or / Repetition
attempted coup d'etat, Art. 14 (10)
Crimes Specified:
such violation shall be absorbed as an a. less
element of the crimes of rebellion, serious or
insurrection, sedition or attempted serious
physical
coup d'etat. injuries
The same penalty shall be imposed upon b. robbery
the owner, president, manager, director c. theft
d. estafa
or other responsible officer of any public e.falsification
or private firm, company, corporation or Sufficient
entity, who shall willfully or knowingly that the
offender
allow any of the firearms owned by such have been
firm, company, corporation or entity to previously
be used by any person or persons found convicted by
final
guilty of violating the provisions of the judgment for
preceding paragraphs or willfully or another
knowingly allow any of them to use crime
embraced in
unlicensed firearms or firearms without the same
any legal authority to be carried outside title of the
of their residence in the course of their Code on the
date of his
employment. trial
The penalty of arresto mayor shall be Necessary
imposed upon any person who shall carry that the
offender
any licensed firearm outside his shall have
residence without legal authority served out
therefor. his
sentence
2. Unlawful manufacture, sale, for the first
acquisition, disposition or possession of offense
explosives. Period
of time
Note: When a person commits any of the Within 10
crimes defined in the Revised Penal Code years from
or special laws with the use of the his last
release or
aforementioned explosives, detonation conviction
agents or incendiary devices, which No period of
results in the death of any person or time
Number
persons, the use of such explosives, of
ARTICLE 160. COMMISSION OF crimes
ANOTHER CRIME DURING SERVICE Guilty the
third time or
OF PENALTY IMPOSED FOR oftener
ANOTHER PREVIOUS OFFENSE The second
Elements of Quasi-Recidivism conviction
for an provisions of the preceding paragraphs.
offense
embraced in 3. Tampering of firearm's serial number.
the same 4. Repacking or altering the composition
title of this of lawfully manufactured explosives.
Code
The Coverage of the Term Unlicensed
previous Firearm. ²
and The term unlicensed firearm shall
subsequent
offenses include:
must NOT in the firearms with expired
be license; or
embraced in
the same unauthorized use of licensed
title of the firearm
Code the commission of the crime.
Their
effects 1. Advincula v CA (2000)
An additional Two things must be shown to exist:
penalty shall š The existence of the firearm
be imposed
If not offset š The fact that it is not licensed
by any However, it should also be shown that
mitigating
circumstance
even of he has a license, he cannot
, increase carry the firearm outside his
the penalty residence without legal authority
only to the
maximum
therefore.
Not always 2. People v Tiozon (1991)
an Ø It may be loosely said that homicide
aggravating
circumstanc
or murder qualifies the offense. It
e does not follow however that the
h

         
  


   h homicide or murder is absorbed in the
III. CRIMES AGAINST PUBLIC ORDER
CRIMINAL LAW II
detonation agents or incendiary devices
shall be considered as an aggravating
circumstance.
If the violation of this Sec.
is in furtherance of, or incident to,
or in
connection with the crime of
rebellion, insurrection, sedition or
attempted coup d'etat,
such violation shall be absorbed as
an
element of the crimes of rebellion,
insurrection, sedition or attempted
coup
d'etat.
The same penalty shall be imposed upon
the owner, president, manager, director
or other responsible officer of any public
or private firm, company, corporation or
entity, who shall willfully or knowingly
allow any of the explosives owned by
such firm, company, corporation or
entity, to be used by any person or
persons found guilty of violating the
offense.
Ø It would be anomalous: a more
serious crime is absorbed by a
statutory offense which is just malum
prohibitum.
Ø In fine then the killing of a person
with the use of an unlicensed firearm
may give rise to separate
prosecutions for (a) violation of
section 1 of PD 1866, or (b) murder or
homicide. The accused cannot plead
one as a bar to another.
3. People v Nepomuceno (1999)
Ø Accused can no longer be separately
charged with parricide and illegal
possession of firearms. The
amendment says that the latter is
only to be treated as an aggravating
circumstance.
4. People v De Gracia (1994)
Rule: Ownership is not an essential
element of illegal possession of
firearms and ammunition. What the
law requires is merely possession
which includes not only actual
physical possession but also
constructive possession. (Art. 180);
h

         
  


   h 20. False testimony favorable to the
IV. CRIMES AGAINST
INTEREST CRIMINAL LAW II
TITLE IV: CRIMES AGAINST PUBLIC
INTEREST
1. Counterfeiting the great seal of the
Government of the Philippines (Art.
161);
2. Using forged signature or
counterfeiting seal or stamp (Art.
162);
3. Making and importing and uttering
false coins (Art. 163)
4. Mutilation of coins, importation and
uttering of mutilated coins (Art. 164);
5. Selling of false or mutilated coins,
without connivance (Art. 165);
6. Forging treasury or bank notes or
other documents payable to bearer,
importing and uttering of such false or
forged notes and documents (Art.
166);
7. Counterfeiting, importing and uttering
instruments not payable to bearer
(Art. 167);
8. Illegal possession and use of forged
treasury or bank notes and other
instruments of credit (art. 168);
9. Falsification of legislative documents
(Art. 170);
10. Falsification by public officer,
employee or notary (Art. 171);
11. Falsification by private individuals and
use of falsified documents (Art. 172);
12. Falsification of wireless, cable,
telegraph and telephone messages
and use of said falsified messages
(Art. 173);
13. False medical certificates, false
certificates of merit or service (Art.
174);
14. Using false certificates (Art. 175);
15. Manufacturing and possession of
instruments or implements for
falsification (Art. 176);
16. Usurpation of authority or official
functions (Art. 177);
17. Using fictitious name and concealing
true name (Art. 178)
18. Illegal use of uniforms or insignia
(Art. 179);
19. False testimony against a defendant
PUBLIC defendant (Art. 181);
21. False testimony in civil cases (Art.
182);
22. False testimony in other cases and
perjury (Art. 183);
23. Offering false testimony in evidence
(Art. 184);
24. Machinations in public auction (Art.
185);
25. Monopolies and combinations in
restraint of trade (Art. 186);
26. Importation and disposition of falsely
marked articles or merchandise made
of gold, silver, or other precious
metals or their alloys (Art. 187);
27. Substituting and altering trademarks
and trade names or service marks
(Art. 188);
28. Unfair competition and fraudulent
registration of trademark or trade
name, or service mark; fraudulent
designation of origin, and false
description (Art. 189).
IMPORTANT POINT TO REMEMBER
IN THIS TITLE:
Ø The crimes in this title are in the
nature of fraud or falsity to the public.
Deceit perpetrated upon the public is
the act being punished.
A. Forgeries
1. ACTS OF COUNTERFEITING (161-167)
IMPORTANT POINT TO REMEMBER
IN THIS ARTICLE:
Ø When the signature of the president is
forged, the crime committed is
covered by this provision and not
falsification of public document.
1. ARTICLE 161: COUNTERFEITING THE
GREAT SEAL OF THE GOVERNMENT OF
THE PHILIPPINE ISLANDS, FORGING
THE SIGNATURE OR STAMP OF THE
CHIEF EXECUTIVE
Acts punished
1. Forging the great seal of the
Government of the Philippines;
2. Forging the signature of the
President;
3. Forging the stamp of the
President.
2. ARTICLE 162. USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
Elements Revised Penal Code
1. The great seal of the Republic was (1)Coin mutilated is of legal tender;
counterfeited or the signature or (2)Offender gains from the precious
stamp of the Chief Executive was metal dust abstracted from the
forged by another person; coin;
2. Offender knew of the (3)It has to be a coin.
counterfeiting or forgery; Ø The coin mutilated should be of legal
3. He used the counterfeit seal or tender and only of the Philippines.
forged signature or stamp. Ø There is no expertise involved here.
h

         
  


 
 h Ø The offender must deliberately reduce
IV. CRIMES AGAINST PUBLIC the precious metal in the coin.
INTEREST CRIMINAL LAW II Ø Deliberate intent arises only when the
IMPORTANT POINTS TO offender collects the precious metal
REMEMBER IN THIS ARTICLE: dust from the mutilated coin.
Ø Offender under this article should not Ø If the offender does not collect such
be the forger. dust, intent to mutilate is absent, but
Ø The participation of the offender is in Presidential Decree No. 247 will
effect that of an accessory. apply.
Ø Although the general rule is that he Presidential Decree No. 247
should be punished by a penalty of (Defacement, Mutilation, Tearing,
two degrees lower, under Art. 162 he Burning or Destroying Central Bank
is punished by a penalty only one Notes and Coins)
degree lower. It shall be unlawful for any person to
Kinds of coins the counterfeiting of which willfully deface, mutilate, tear, burn, or
is punished destroy in any manner whatsoever,
Ø Silver coins of the Philippines or currency notes and coins issued by the
coins of the Central Bank of the Central Bank.
Philippines; Ø Mutilation under the Revised Penal
Ø Coins of the minor coinage of the Code is true only to coins.
Philippines or of the Central Bank Ø It cannot be a crime under the
of the Philippines; Revised Penal Code to mutilate paper
Ø Coin of the currency of a foreign bills because the idea of mutilation
country. under the code is collecting the
People vs. Kong Leon, 48 OG 664 precious metal dust. However, under
Ø Former coins withdrawn from Presidential Decree No. 247,
circulation may be counterfeited mutilation is not limited to coins.
under Art 163 because of the harm Note that persons making bracelets out
that may be caused to the public in of some coins violate Presidential Decree
case it goes into circulation again. No. 247.
IMPORTANT POINTS TO So, if the act of mutilating coins does not
REMEMBER IN THIS ARTICLE: involve gathering dust like playing cara y
Ø The first acts of falsification or falsity cruz, that is not mutilation under the
are 3. ARTICLE 163: MAKING AND IMPORTING
š Counterfeiting AND UTTERING FALSE COINS
š Forgery Elements
š Falsification 1. There be false or counterfeited
Ø In so far as coins in circulation are coins;
concerned, there are two crimes that $
(















may be committed: 



š Counterfeiting coins 3. In case of uttering such false or
š Mutilation of coins counterfeited coins, he connived
Ø Requisites of mutilation under the with the counterfeiters or
importers.
4. ARTICLE 164: MUTILATION OF COINS 1. Any treasury or bank note or
Acts punished certificate or other obligation
1. Mutilating coins of the legal and security payable to bearer,
currency, with the further or any instrument payable to
requirements that there be intent order or other document of
to damage or to defraud another; credit not payable to bearer is
2. Importing or uttering such forged or falsified by another
mutilated coins, with the further person;
requirement that there must be 2. Offender knows that any of
connivances with the mutilator or those instruments is forged or
importer in case of uttering. falsified;
h

         
  


   h 3.He either ±
IV. CRIMES AGAINST PUBLIC a. uses any of such forged or
INTEREST CRIMINAL LAW II falsified instruments; or
Revised Penal Code because the offender b. possesses with intent to use
does not collect the metal dust. But by 7. ARTICLE 167
rubbing the coins on the sidewalk, he COUNTERFEITING, IMPORTING, AND
also defaces and destroys the coin and UTTERING INSTRUMENTS NOT PAYABLE TO
that is punishable under Presidential BEARER
Decree No. 247. Elements
IMPORTANT POINTS TO REMEMBER IN 1. There is an instrument payable to
THIS ARTICLE order or other documents of credit
Ø The possession prohibited in this not payable to bearer;
article pertains not only to physical 2. Offender either forged, imported
possession but also to constructive or uttered such instrument;
possession or subjection of the thing 3. In case of uttering, he connived
to one¶s control. with the forger or importer.
Ø The possessor should not be the 5. ARTICLE 165 SELLING OF FALSE OR
counterfeiter, mutilator, or importer MUTILATED COIN, WITHOUT CONNIVANCE
of the coins Acts punished
Ø The offender need not connive with 1. Possession of coin, counterfeited
the counterfeiter or mutilator as long or mutilated by another person, with
as he has knowledge that the coin is intent to utter the same, knowing
false or mutilated. that it is false or mutilated;
IMPORTANT POINT TO REMEMBER IN Elements
THIS ARTICLE a. Possession;
Ø This covers instruments or other b. With intent to utter; and
documents of credit issued by a c. Knowledge.
foreign government or bank. $
)








2. ACTS OF FORGERY 














People vs. Sendaydiego, 82 SCRA 120 





(1978) Elements
Ø The rule is that if a person had in his a. Actually uttering; and
possession a falsified document and b. Knowledge.
he made use of it, taking advantage of 6. ARTICLE 166: FORGING TREASURY OR
it and profiting thereby, the BANK NOTES OR OTHER DOCUMENTS
presumption is that he is the material PAYABLE TO BEARER; IMPORTING AND
author of the falsification. UTTERING SUCH FALSE OR FORGED NOTES
8. ARTICLE 168: ILLEGAL POSSESSION AND DOCUMENTS
AND USE OF FALSE TREASURY OR BANK Acts punished
NOTES AND OTHER INSTRUMENTS OF 1. Forging or falsification of
CREDIT treasury or bank notes or other
Elements documents payable to bearer;
2. Importation of such false or employee, or notary public;
forged obligations or notes; 2. He takes advantage of his official
3. Uttering of such false or forged position;
obligations or notes in 3. He falsifies a document by
connivance with the forgers or committing any of the following
importers. acts:
h

         
  


 
 h a. Counterfeiting or imitating any
IV. CRIMES AGAINST
INTEREST CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER IN
THIS ARTICLE
Ø For possession of false treasury or
bank note to constitute a criminal
offense, it must be with intent to use.
Ø The essence of forgery is giving a
document the appearance of a true
and genuine document. Not any
alteration of a letter, number, figure
or design would amount to forgery.
At most, it would only be frustrated
forgery.
People vs. Galano, 3 SCRA 650
Ø It was held that forgery can be
committed through the use of
genuine paper bills that have been
withdrawn from circulation, by giving
them the appearance of some other
true and genuine document.
Ø However, the dissenting opinion
stated that the provision only
embraces situations in which
spurious, false or fake documents are
given the appearance of a true and
genuine document.
3. ACTS OF FALSIFICATION
A. FALSIFICATION BY PUBLIC OFFICER,
EMPLOYEE OR ECCLESIASTICAL MINISTER
9. Article 169 How forgery is
committed under
1. By giving to a treasury or bank
note or any instrument payable
to bearer or to order mentioned
therein, the appearance of a true
PUBLIC handwriting, signature or rubric
± intent or attempt to imitate is
inferred when there is sufficient
resemblance or when it is likely
to deceive an ordinary person
receiving or dealing with the doc.
Feigning is covered by this
paragraph, which includes the
case of forging signatures of
people who do not know how to
write.
b. Causing it to appear that persons
have participated in any act or
proceeding when they did not in
fact so participate ± as opposed
to the former paragraph,
imitation of signature is not
necessary.
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 ± there
should be a legal obligation to
disclose the truth (Beradio vs.
CA). There should also be malice
or deliberate intent unless the
document falsified is a public one
(Syquian vs. People).
e. Altering true dates ± the date
must be essential and could
change the effects of the
document (such as dates of birth,
marriage, or death)
h

         
  


 h  h
and genuine document; IV. CRIMES AGAINST PUBLIC
2. By erasing, substituting, INTEREST CRIMINAL LAW II
counterfeiting, or altering by any A check is not yet a document when it is
means the figures, letters, not completed yet. If somebody writes
words, or sign contained therein. on it, he makes a document out of it.
11. ARTICLE 171: FALSIFICATION BY IMPORTANT POINTS TO REMEMBER IN
PUBLIC OFFICER, EMPLOYEE OR NOTARY OR THIS ARTICLE
ECCLESIASTICAL MINISTER There are four kinds of documents:
Elements (1)Public document in the execution
1. Offender is a public officer, of which, a person in authority or
notary public has taken part;
(2)Official document in the execution
of which a public official takes
part;
(3)Commercial document or any
document recognized by the Code
of Commerce or any commercial
law; and
(4)Private document in the execution
of which only private individuals
take part.
Ø To become an official document, there
must be a law which requires a public
officer to issue or to render such
document.
Ø The element of damage is not
necessary because it is the interest of
the community which is intended to
be guaranteed. The character of the
offender and his faithfulness to his
duty is the mainly taken into
consideration.
a. FALSIFICATION BY PRIVATE INDIVIDUALS
AND USE OF FALSIFIED DOCUMENTS;
USING FALSE CERTIFICATES
12. ARTICLE 172 FALSIFICATION BY
PRIVATE INDIVIDUAL AND USE OF FALSIFIED
DOCUMENTS
Acts punished
1. Falsification of public, official or
commercial document by a private
individual;
a. Offender is a private individual or
public officer or employee who did
not take advantage of his official
position;
b. He committed any act of
falsification;
c. The falsification was committed in a
public, official, or commercial
document or letter of exchange.
2. Falsification of private document
by any person;
a. Offender committed any of the acts of
falsification except Article 171(7),
that is,
š issuing in an authenticated form a
document purporting to be a
copy of an original document
original;
b. Falsification was committed in any
private document;
c. Falsification causes damage to a third
party or at least the falsification was
committed with intent to cause such
damage.
3. Use of falsified document.
In introducing in a judicial
proceeding
1. Offender knew that the document
was falsified by another person;
2. The false document is in Articles
171 or 172 (1 or 2);
3. He introduced said document in
evidence in any judicial proceeding.
In use in any other transaction ±
1. Offender knew that a document was
falsified by another person;
2. The false document is embraced in
Articles 171 or 172 (1 or 2);
3. He used such document;
4. The use caused damage to another
or at least used with intent to cause
damage.
f. Making any alteration or
intercalation in a genuine
document which changes its
meaning ± change or insertion
must affect the integrity or
effects of the document.
Furthermore, the alteration
should make the document
speak something false,
otherwise it would merely be a
correction.
g. Issuing in an authenticated
form a document purporting
to be a copy of an original
document when no such
original exists, or including in
such a copy a statement
contrary to, or different from,
that of the genuine original
h. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry,
or official book.
h

         
  


   h
when no such original exists, or IV. CRIMES AGAINST PUBLIC
š including in such a copy a INTEREST CRIMINAL LAW II
statement contrary to, or IMPORTANT POINTS TO REMEMBER IN
different from, that of the genuine THIS ARTICLE
Ø Presumption:
People vs. Manansala, 105 Phil 1253
Ø The possessor of a falsified document
is presumed to be the author of the
falsification
People vs. Sendaydiego, 82 SCRA 120
Ø The presumption also holds if the use
was so closely connected in time with
the falsification and the user had the
capacity of falsifying the document
Ø There is no crime of estafa through
falsification of a private document.
š Both crimes require the element of
damage which each of the two
should have its own.
š The fraudulent gain obtained
through deceit should not be the
very same damage caused by the
falsification of the private
document.
Ø Since damage is not an element of
falsification of a public document, it
could be complexed with estafa as a
necessary means to commit the latter.
Ø There can be falsification of public
document through reckless
imprudence but there is no crime of
falsification of private document
through negligence or imprudence.
Ø If the document is intended by law to
be part of the public or official record,
the falsification, although it was
private at the time of falsification, is
regarded as falsification of a public or
official document.
C. FALSIFICATION OF WIRELESS, CABLE,
TELEGRAPH AND TELEPHONE MESSAGES AND USE
OF FALSIFIED MESSAGE, OF LEGISLATIVE
DOCUMENTS, OF MEDICAL CERTIFICATES AND
telephone message;
13. ARTICLE 173: FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH AND
TELEPHONE MESSAGES, AND USE OF SAID
FALSIFIED MESSAGES
Acts punished
1. Uttering fictitious wireless,
telegraph or telephone message;
2. Falsifying wireless, telegraph or
telephone message;
3. Using such falsified message.
15. ARTICLE 175: USING FALSE
CERTIFICATES
Elements
1. The following issues a false
certificate:
a. Physician or surgeon, in
connection with the practice of
his profession, issues a false
certificate;
b. Public officer issues a false
certificate of merit of service,
good conduct or similar
circumstances;
c. Physician or surgeon, in
connection with the practice of
his profession, issues a false
certificate;
d. Public officer issues a false
certificate of merit of service,
good conduct or similar
circumstances;
e. Private person falsifies a
certificate falling within the
classes mentioned in the two
preceding subdivisions.
2. Offender knows that the
certificate was false;
3. He uses the same.
h

         
  


   h
CERTIFICATE OF MERIT; SEE ALSO RA 4200
Acts punished
1. Uttering fictitious wireless, telegraph
or telephone message;
Elements
a. Offender is an officer or employee
of the government or an officer or
employee of a private corporation,
engaged in the service of sending
or receiving wireless, cable or
telephone message;
b. He utters fictitious wireless, cable,
telegraph or telephone message.
2. Falsifying wireless, telegraph or
IV. CRIMES AGAINST PUBLIC
INTEREST CRIMINAL LAW II
Elements
a. Offender is an officer or employee
of the government or an officer or
employee of a private corporation,
engaged in the service of sending
or receiving wireless, cable or
telephone message;
b. He falsifies wireless, cable,
telegraph or telephone message.
3. Using such falsified message.
Elements
a. Offender knew that wireless, cable,
telegraph, or telephone message crimes under Forgeries.
was falsified by an officer or RA 4200: ANTI-WIRETAPPING LAW
employee of the government or an Ø It shall be unlawful for any person,
officer or employee of a private š not being authorized by all the
corporation, engaged in the service parties to any private
of sending or receiving wireless, communication or spoken word,
cable or telephone message; Ń to tap any wire or cable, or
b. He used such falsified dispatch; Ń by using any other device or
c. The use resulted in the prejudice of arrangement, to secretly
a third party or at least there was overhear, intercept, or record
intent to cause such prejudice. such communication or spoken
Ø The writing must be: word by
š complete in itself; and ŀ using a device commonly
š capable of extinguishing an known as a dictaphone or
obligation or creating rights; or dictagraph or dictaphone or
š capable of becoming evidence of walkie-talkie or tape
the facts stated therein. recorder, or however
Five classes of falsification: otherwise described
(1)Falsification of legislative documents; 10. ARTICLE 170
(2)Falsification of a document by a public FALSIFICATION OF LEGISLATIVE
officer, employee or notary public; DOCUMENTS
(3)Falsification of a public or official, or Elements
commercial documents by a private 1. There is a bill, resolution or
individual; ordinance enacted or approved or
(4)Falsification of a private document by pending approval by either House
any person; of the Legislature or any
(5)Falsification of wireless, telegraph provincial board or municipal
and telephone messages. council;
Distinction between falsification and 2. Offender alters the same;
forgery: 3. He has no proper authority
FALSIFICATION FORGERY therefor;
the commission of 4. The alteration has changed the
any of the eight meaning of the documents.
acts mentioned in 14. ARTICLE 174: FALSE MEDICAL
Article 171 on CERTIFICATES, FALSE CERTIFICATES OF
legislative (only the MERITS OR SERVICE, ETC.
act of making Persons liable
alteration), public 1. Physician or surgeon who, in
or official, connection with the practice of
commercial, or his profession, issues a false
private documents, certificate (it must refer to the
or wireless, or illness or injury of a person);
telegraph [The crime here is false medical
messages. certificate by a physician.]
as used in Article 2. Public officer who issues a false
169 refers to the certificate of merit of service,
falsification and good conduct or similar
counterfeiting of circumstances;
treasury or bank [The crime here is false
notes or any certificate of merit or service by
instruments a public officer.]
payable to bearer 3. Private person who falsifies a
or to order. certificate falling within the
classes mentioned in the two Ø As in Art. 165, the possession
preceding subdivisions. contemplated here is constructive
h

         
  


   h possession. The implements
IV. CRIMES AGAINST PUBLIC confiscated need not form a complete
INTEREST CRIMINAL LAW II set.
Ø It shall also be unlawful for any B. Other Falsities
person, Acts punished
š be he a participant or not in the act 1. Usurpation of authority. (no
or acts penalized in the next connection with the office represented)
preceding sentence, Elements
Ń to knowingly possess any tape a. Offender knowingly and falsely
record, wire record, disc record, represents himself;
or any other such record, or b. As an officer, agent or
copies thereof, of any representative of any department
communication or spoken word or agency of the Philippine
ŀ secured either before or government or of any foreign
after the effective date of government.
this Act in the manner 2. Usurpation of official functions.
prohibited by this law; (excess of authority)
Ń or to replay the same for any Elements
other person or persons; or to a. Offender performs any act;
communicate the contents b. Pertaining to any person in
thereof, either verbally or in authority or public officer of the
writing, or Philippine government or any
Ń to furnish transcriptions 16. ARTICLE 176: MANUFACTURING AND
thereof, whether complete or POSSESSION OF INSTRUMENTS OR
partial, to any other person: IMPLEMENTS FOR FALSIFICATION
š Provided, That the use of such Acts punished
record or any copies thereof as 1. Making or introducing into the
evidence in any civil, criminal Philippines any stamps, dies,
investigation or trial of offenses marks, or other instruments or
shall not be covered by this implements for counterfeiting or
prohibition. falsification;
Ø Any person who willfully or knowingly 2. Possession with intent to use the
does or who shall aid, permit, or instruments or implements for
cause to be done any of the acts counterfeiting or falsification
declared to be unlawful in the made in or introduced into the
preceding section or who violates the Philippines by another person.
provisions of the following section or 17. ARTICLE 177: USURPATION OF
of any order issued thereunder, or AUTHORITY OR OFFICIAL
aids, permits, or causes such violation FUNCTIONS
shall, upon conviction thereof, be Acts punished
punished by imprisonment for not less h
*






than six months or more than six 









years and with the accessory penalty 






of perpetual absolute disqualification $
*







from public office if the offender be a 





public official at the time of the h

         
  


   h
commission of the offense, and, if the IV. CRIMES AGAINST PUBLIC
offender is an alien he shall be subject INTEREST CRIMINAL LAW II
to deportation proceedings. foreign government, or any agency
IMPORTANT POINT TO REMEMBER IN thereof;
THIS ARTICLE c. Under pretense of official position;
d. Without being lawfully entitled to testimony was not considered by
do so. the court.
Commonwealth Act No. 142 (Regulating 18. ARTICLE 178: USING FICTITIOUS
the Use of Aliases) AND CONCEALING TRUE NAME
Ø No person shall use any name Acts punished
different from the one with which he h
*






was
š registered at birth in the office of
the local civil registry, or
š with which he was registered in
the bureau of immigration upon
entry; or
š such substitute name as may have
been authorized by a competent
court.









Ø Exception:
š Pseudonym solely for literary,
cinema, television, radio, or other
entertainment and in athletic
events where the use of
pseudonym is a normally accepted
practice.
Ø CC Art. 379
š The employment of pen names or
stage names is permitted,
provided it is done in good faith
and there is no injury to third
persons. Pen names and stage
names cannot be usurped.
Ø CC Art. 380.
š Except as provided in the
preceding article, no person shall
use different names and
surnames.
IMPORTANT POINTS TO REMEMBER IN
THIS ARTICLE
Ø Exact imitation of a uniform or dress
is unnecessary; a colorable
resemblance calculated to deceive the
common run of people is sufficient.
Ø RA 75 also punishes using the use of
uniform, decoration or regalia of a
foreign state by people not entitled to
do so.
Ø RA 493 punishes wearing an insignia,
a. Offender uses a name other than
his real name;
b. He uses the fictitious name
publicly;
c. Purpose of use is to conceal a
crime, to evade the execution of a
judgment or to cause damage [to
public interest ± Reyes].
$
+
a. Offender conceals his true name
and other personal circumstances;
b. Purpose is only to conceal his
identity.
19. ARTCLE 179: ILLEGAL USE OF
UNIFORMS AND INSIGNIA
Elements
1. Offender makes use of
insignia, uniforms or dress;
2. The insignia, uniforms or dress
pertains to an office not held
by such person or a class of
persons of which he is not a
member;
3. Said insignia, uniform or dress
is used publicly and
improperly.
20. ARTICLE 180: FALSE TESTIMONY
AGAINST A DEFENDANT
Elements
1. There is a criminal proceeding;
2. Offender testifies falsely under
oath against the defendant
therein;
3. Offender who gives false
testimony knows that it is false.
4. Defendant against whom the
false testimony is given is either
acquitted or convicted in a final
judgment.
h

         
  


   h
badge, or emblem of rank of the
members of the AFP or constabulary.
1. FALSE TESTIMONY
IMPORTANT POINT TO REMEMBER IN
THIS ARTICLE
Ø The witness who gave the false
testimony is liable even if his
IV. CRIMES AGAINST PUBLIC
INTEREST CRIMINAL LAW II
Three forms of false testimony
1. False testimony in criminal cases
under Article 180 and 181;
2. False testimony in civil case under
Article 182;
3. False testimony in other cases under case.
Article 183. C. Frauds
Ø Articles 180 ± 184 punish the acts of ARTICLE 183: FALSE TESTIMONY IN OTHER CASES
making false testimonies since AND PERJURY IN SOLEMN AFFIRMATION
because such acts seriously expose Acts punished
the court to miscarriage of justice. h











$








IMPORTANT POINTS TO REMEMBER IN
THIS ARTICLE
Ø The testimony need not be beneficial
to the defendant.
Ø Conviction or acquittal of defendant in
the principal case is not necessary.
Ø Rectification made spontaneously
after realizing the mistake is not false
testimony.
IMPORTANT POINT TO REMEMBER IN
THIS ARTICLE
Ø 182 does not apply in special
proceedings. These are covered by
183 under ³other cases´.
IMPORTANT POINT TO REMEMBER IN
THIS ARTICLE
Diaz vs. People, 191 SCRA 86
Elements of perjury
1. Offender makes a statement under
oath or executes an affidavit upon a
material matter;
2. The statement or affidavit is made
before a competent officer, authorized
to receive and administer oaths;
3. Offender makes a willful and
deliberate assertion of a falsehood in
the statement or affidavit;
4. The sworn statement or affidavit
containing the falsity is required by
law, that is, it is made for a legal
21. ARTICLE 181: FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
Elements
1. A person gives false
testimony;
2. In favor of the defendant;
3. In a criminal case.
22. ARTICLE 182: FALSE TESTIMONY IN
CIVIL CASES
Elements
1. Testimony given in a civil case;
2. Testimony relates to the issues
presented in said case;
3. Testimony is false;
4. Offender knows that testimony
is false;
5. Testimony is malicious and
given with an intent to affect
the issues presented in said
case.
ARTICLE 184: OFFERING FALSE
TESTIMONY IN EVIDENCE
Elements
1. Offender offers in evidence a
false witness or testimony;
2. He knows that the witness or the
testimony was false;
3. The offer is made in any judicial
or official proceeding.
h

         
  


   h
purpose.
IV. CRIMES AGAINST PUBLIC
Ø The statement should be outside the
coverage of art 180-181.
INTEREST CRIMINAL LAW II
Ø Because of the requirement that the IMPORTANT POINT TO REMEMBER IN
assertion of a falsehood be made THIS ARTICLE
willfully and deliberately, there could Ø The crime is consummated by:
be no perjury through negligence or š mere solicitation of gift or
imprudence. promise as consideration for
Ø Furthermore, good faith or lack of not bidding, or
malice is a defense in perjury. š by mere attempt to cause
Ø It is not necessary that there be a law prospective bidders to stay
requiring the statement to be made away from an auction
under oath, as long as it is made for a ARTICLE 185: MACHINATIONS IN
legal purpose. PUBLIC AUCTIONS
IMPORTANT POINT TO REMEMBER IN Acts punished
THIS ARTICLE h
,










Ø The counsel is the one liable in this 




















Controlled Precursors and
Elements Essential Chemicals (Section 5)
a. There is a public auction; š Maintenance of a Den, Dive or
b. Offender solicits any gift or a Resort. (Section 6)
promise from any of the bidders; š Employees and Visitors of a Den,
c. Such gift or promise is the Dive or Resort (Section 7)
consideration for his refraining š Manufacture of Dangerous Drugs
from taking part in that public and/or Controlled Precursors and
auction; Essential Chemicals (Section 8)
d. Offender has the intent to cause š Illegal Chemical Diversion of
the reduction of the price of the Controlled Precursors and
thing auctioned. Essential Chemicals. (Section 9)
$
)








š Manufacture or Delivery of










Equipment, Instrument, Apparatus,










and Other Paraphernalia for
Elements Dangerous Drugs and/or
a. There is a public auction; Controlled Precursors and
b. Offender attempts to cause the Essential Chemicals. (Section 10)
bidders to stay away from that š Possession of Dangerous Drugs
public auction;
(Section 11)
c. It is done by threats, gifts,
š Possession of Equipment,
promises or any other artifice;
Instrument, Apparatus and Other
d. Offender has the intent to cause
Paraphernalia for Dangerous Drugs
the reduction of the price of the
(Section 12)
thing auctioned.
h

         
  


 
 h š Possession of Dangerous Drugs
V. COMPREHENSIVE DANGEROUS
DRUGS ACT CRIMINAL LAW II
Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002)
Ø What is the definition of ³Dangerous
Drugs´?
š Dangerous Drugs include those
listed in the Schedules annexed to
the 1961 Single Convention on
Narcotic Drugs, as amended by the
1972 Protocol, and in the
Schedules annexed to the 1971
Single Convention on Psychotropic
Substances as enumerated in the
attached annex which is an
integral part of this Act. [Section 3
(j), RA 9165]
Ø What are the unlawful acts defined
and punished in Republic Act No.
9165?
š Importation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemical (Section 4)
š Sale, Trading, Administration,
Dispensation, Delivery,
Distribution and Transportation of
Dangerous Drugs and/or
During Parties, Social Gatherings
or Meetings (Section 13)
š Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs
During Parties, Social Gatherings
or Meetings (Section 14)
š Use of Dangerous Drugs (Section
15)
š Cultivation or Culture of Plants
Classified as Dangerous Drugs or
are Sources Thereof. (Section 16)
š Maintenance and Keeping of
Original Records of Transactions
on Dangerous Drugs and/or
Controlled Precursors and
Essential Chemicals (Section 17)
š Unnecessary Prescription of
Dangerous Drugs (Section 18)
š Unlawful Prescription of
Dangerous Drugs (Section 19)
Ø What common penalties and fines are
applied to those unlawful acts?
š The penalty of life imprisonment to
death and a fine ranging from Five
hundred thousand pesos
(P500,000.00) to Ten million pesos
(P10,000,000.00) applicable.
Ń Those acts which include or Ń Section 25, Article II, RA 9165
involve any dangerous drugs Ø The maximum penalties of the
(Sections 4, 5, 6, 8, 11, 16 and unlawful acts provided for in this Act
19) shall be imposed, in addition to
š The penalty of twelve (12) years absolute perpetual disqualification
and one (1) day to twenty (20) from any public office, if those found
years of imprisonment and a fine guilty of such unlawful acts are
ranging from One hundred government officials and employees.
thousand pesos (P100,000.00) to Ń Section 28, Article II, RA 9165
Five hundred thousand pesos Ø Any person who is found guilty of
(P500,000.00) "planting" any dangerous drug and/or
Ń Those acts which involve any controlled precursor and essential
controlled precursor and chemical, regardless of quantity and
essential chemical (Sections 4, purity, shall suffer the penalty of
5, 6, 8, 9 and 10) death. (Section 29)
Ń Anyone who acts as a Ń Section 29, Article II, RA 9165
"protector/coddler" of any Ø In case any violation of this Act is
violator of the provisions under committed by a partnership,
sections 4, 5, 6, 8 and 16 corporation, association or any
Ń Sections 7, 10, 16, 17. juridical entity, the partner, president,
š The maximum penalty provided for director, manager, trustee, estate
under sections 4, 5, 6, 8 and 16 administrator, or officer who consents
shall be imposed upon any person, to or knowingly tolerates such
who organizes, manages or acts as violation shall be held criminally liable
a "financier" of any of the illegal as a co-principal. (Section 30)
h

         
  


   h Ń Section 30, Article II, RA 9165
V. COMPREHENSIVE DANGEROUS
DRUGS ACT CRIMINAL LAW II
activities prescribed in those
sections.
š Any person charged under any
provision of this Act regardless of
the imposable penalty shall not be
allowed to avail of the provision on
plea-bargaining.
Ń Section 23, Article II, RA 9165
Ø Any person convicted for drug
trafficking or pushing under this Act,
regardless of the penalty imposed by
the Court, cannot avail of the privilege
granted by the Probation Law or
Presidential Decree No. 968, as
amended.
Ń Section 24, Article II, RA 9165
Ø Notwithstanding the provisions of any
law to the contrary, a positive finding
for the use of dangerous drugs shall
be a qualifying aggravating
circumstance in the commission of a
crime by an offender, and the
application of the penalty provided for
in the Revised Penal Code shall be
Ø In addition to the penalties prescribed
in the unlawful act committed, any
alien who violates such provisions of
this Act shall, after service of
sentence, be deported immediately
without further proceedings, unless
the penalty is death. (Section 31)
Ń Section 31, Article II, RA 9165
Ø Accessory Penalties (section 35)
š A person convicted under this Act
shall be disqualified to exercise
his/her civil rights such as but not
limited to,
Ń the rights of parental authority
or guardianship,
ŀ either as to the person or
property of any ward
Ń the rights to dispose of such
property by any act or any
conveyance inter vivos,
Ń and political rights such as but
not limited to,
Ń the right to vote and be voted
for.
Ń Such rights shall also be
suspended during the pendency
of an appeal from such
conviction.
š Section 35, Article II, RA 9165
Ø May a drug dependent who is found
guilty of the use of dangerous drugs
voluntarily submit himself for
treatment and rehabilitation?
š Yes. The drug dependent may, by
himself/herself or through his/her
parent, spouse, guardian or
relative within the fourth degree of
consanguinity or affinity, apply to
the Board or its duly recognized
representative, for treatment and
rehabilitation of the drug
dependency. Upon such
application, the Board shall bring
forth the matter to the Court which
shall order that the applicant be
examined for drug dependency.
š Section 54, Article VIII, RA 9165
h

         
head of the treatment and
rehabilitation center of the status
of said drug dependent and
determine whether further
confinement will be for the welfare
of the drug dependent and his/her
family or the community.
š Section 54, Article VIII, RA 9165
Ø How will a drug dependent who is
under the voluntary submission
program and is finally discharged
from confinement in the Center be
exempt from criminal liability?
1. He/she has complied with the
rules and regulations of the
center, the applicable rules and
regulations of the Board,
including the after-care and
follow-up program for at least
eighteen (18) months following
temporary discharge from
  


 
 h confinement in the Center
V. COMPREHENSIVE DANGEROUS 2. He/she has never been charged
DRUGS ACT CRIMINAL LAW II or convicted of any offense
Ø Is there also compulsory punishable under this Act, the
confinement? Dangerous Drugs Act of 1972 or
š Yes. Notwithstanding any law, rule Republic Act No. 6425, as
and regulation to the contrary, any amended; the Revised Penal
person determined and found to be Code, as amended; or any
dependent on dangerous drugs special penal laws
shall, upon petition by the Board or 3. He/she has no record of escape
any of its authorized from a Center
representative, be confined for 4. He/she poses no serious
treatment and rehabilitation in any danger to himself/herself,
Center duly designated or his/her family or the
accredited for the purpose. community by his/her
š A petition for the confinement of a exemption from criminal
person alleged to be dependent on liability.
dangerous drugs to a Center may Ø Section 55, Article VIII, RA 9165
be filed by any person authorized Ø What are the functions of the
by the Board with the Regional Dangerous Drugs Board?
Trial Court of the province or city š The Board shall:
where such person is found. Ń Be the policy-making and
š Section 61, Article VIII, RA 9165 strategy-formulating body in
Ø How long will the drug dependent be the planning and formulation of
confined for treatment and policies and programs on drug
rehabilitation? prevention and control.
š Confinement in a Center for Ń develop and adopt a
treatment and rehabilitation shall comprehensive, integrated,
not exceed one (1) year, after unified and balanced national
which time the Court, as well as drug abuse prevention and
the Board, shall be apprised by the control strategy.
Ń be under the Office of the
President. gambling or not. But under the new
š Section 77, Article IX, RA 9165 gambling law, the skill of the players
Ø What is the PDEA? is immaterial.
š The PDEA is the Philippine Drug Ø Even sports contents like boxing,
Enforcement Agency would be gambling insofar as those
š It serves as the implementing arm who are betting therein are
of the Dangerous Drugs Board concerned.
š It shall be responsible for the Ø There is no lottery when the person
efficient and effective law gets the full value for his money.
enforcement of all the provisions š Example: A package of cigarette
on any dangerous drug and/or sold at P0.30 each includes a
controlled precursor and essential coupon which may allow the buyer
chemical as provided in this Act. to win a gold watch. This is not
š Section 82, Article IX, RA 9165 lottery. Winning the watch is only
h

         
  


 h  h a bonus.
VI. CRIMES AGAINST PUBLIC Ø Criteria to determine if lottery is
MORALS CRIMINAL LAW II already gambling:
TITLE VI: CRIMES AGAINST PUBLIC 1. If the public is made to pay not
MORALS only for the merchandise that he is
1. Gambling (Art. 195); buying, but also for the chance to
2. Importation, sale and possession of win a prize out of the lottery.
lottery tickets or advertisements Public is made to pay a higher
(Art. 196); price.
3. Betting in sport contests (Art. 197); 2. If the merchandise is not saleable
4. Illegal betting on horse races because of its inferior quality, so
(Art. 198); that the public actually does not
5. Illegal cockfighting (Art. 199); buy them, but with the lottery the
6. Grave scandal (Art. 200); public starts patronizing such
7. Immoral doctrines, obscene merchandise. In effect, the public
Elements of Lottery:
publications and exhibitions (Art. 201);
1. Consideration
8. Vagrancy and prostitution (Art. 202) 2. Chance
A. Gambling and Betting 3. Prize or some advantage or
1. Gambling inequality I amount or value
IMPORTANT POINTS TO REMEMBER which is in the nature of a prize.
ABOUT THIS ARTICLE: ARTICLE 195. WHAT ACTS ARE
Ø Arts. 195-199 and provisions of PD PUNISHABLE IN GAMBLING
483 and 9 are repealed insofar as they Acts punished
are inconsistent with PD 1602, which 1. Taking part directly or indirectly
provides for stiffer penalties for in ±
violation of the Gambling Laws. a. any game of monte, jueteng, or
Ø Definition of Gambling: any game of any other form of lottery, policy,
chance or scheme, whether upon banking, or percentage game,
chance or skill, wherein wagers dog races, or any other game or
consisting of money, articles or value scheme the results of which
or representative or value are at stake depend wholly or chiefly upon
or made. chance or hazard; or wherein
Ø Spectators are not liable in gambling, wagers consisting of money,
because they do not take part directly articles of value, or
or indirectly. representative of value are
Ø Before, the Revised Penal Code made; or
considered the skill of the player in b. the exploitation or use of any
classifying whether a game is other mechanical invention or
contrivance to determine by Section 2. Betting, game-fixing,
chance the loser or winner of pointshaving
money or any object or or game machination unlawful. ±
representative of value; Game-fixing, point-shaving, game
2. Knowingly permitting any form machination, as defined in the preceding
of gambling to be carried on in section, in connection with the games of
any place owned or controlled basketball, volleyball, softball, baseball;
by the offender; chess, boxing bouts, jai-alia, sipa, pelota
3. Being maintainer, conductor, or and all other sports contests, games or
banker in a game of jueteng or races; as well as betting therein except
similar game; as may be authorized by law, is hereby
4. Knowingly and without lawful declared unlawful.
purpose possessing lottery list, BETTING
paper, or other matter È betting money or any object or article
containing letters, figures, signs of value or representative of value upon
or symbol which pertain to or the result of any game, races and other
are in any manner used in the sport contests.
game of jueteng or any similar GAME-FIXING
game. È any arrangement, combinations,
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   h scheme or agreement by which the result
VI. CRIMES AGAINST
MORALS CRIMINAL LAW II
is paying for the lottery and not for
the merchandise, and therefore the
lottery is a gambling game. Public
is not made to pay a higher price.
Ø The maintainer or conductor in a
gambling game is likewise punished.
Ø Who is a maintainer?: A person who
sets up and furnishes the means with
which to carry on the gambling game
or scheme.
Ø Who is a conductor?: A person who
manages or carries on the gambling
game or scheme.
Ø To be prosecuted for possessing a
jueteng list, proof that the game took
place or is about to take place is not
necessary.
2. Importation, Sale and Possession of
Lottery Tickets or Advertisements
IMPORTANT POINT TO REMEMBER ABOUT
THIS ARTICLE:
Ø The possession of any lottery ticket or
advertisement is prima facie evidence
of an intent to sell, distribute or use
the same in the Philippines.
2. Article 197. Betting in Sports Contests
This article has been repealed by
Presidential Decree No. 483 (Betting,
Game-fixing or Point-shaving and
Machinations in Sport Contests):
PUBLIC of any game, races or sport contests shall
be predicated and/or known other than
on the basis of the honest playing skill or
ability of the players or participants.
POINT-SHAVING
È any such arrangement, combination,
scheme or agreement by which the skill
of ability of any player or participant in a
game, races or sports contests to make
points or scores shall be limited
deliberately in order to influence the
result thereof in favor one or the other
team, player or participant therein.
GAME MACHINATION
È any other fraudulent, deceitful, unfair
or dishonest means, methods, manner or
practice employed for the purpose of
influencing the result of any game, races
or sports contest.
3. Illegal Betting on Horse Race
Elements of ³Knowingly Permitting
Gambling to be Carried on in a
Place Owned or Controlled by the
Offender´:
1. That a gambling game was
carried on in an inhabited or
uninhabited place or in any
building, vessel, or other means
of transportation
2. That the place, building, vessel
or other means of
transportation is owned or
controlled by the offender
3. That the offender permitted the more than three days;
carrying on of such games š Cockfighting not allowed on December
knowing that it is a gambling 30, June 12, November 30, Holy
game. Thursday, Good Friday, Election or
ARTICLE 196. IMPORTATION, SALE Referendum Day, and registration
AND POSSESSION OF LOTTERY days for referendums and elections;
TICKETS OR ADVERTISEMENTS š Only municipal and city mayors are
Acts punished allowed to issue licenses for such.
1. Importing into the Philippines IMPORTANT POINT TO REMEMBER ABOUT
from any foreign place or port THIS ARTICLE:
any lottery ticket or Ø This decree does not punish a person
advertisement; or attending as a spectator in a
2. Selling or distributing the same cockfight. To be liable, he must
in connivance with the importer; participate as a bettor.
3. Possessing, knowingly and with B. Offenses Against Decency and Good
intent to use them, lottery Customs
tickets or advertisements; or 1. Grave Scandal
4. Selling or distributing the same IMPORTANT POINTS TO REMEMBER
without connivance with the ABOUT THIS ARTICLE:
importer of the same. Ø DECENCY: means proprietary of
h

         
  


   h conduct; proper observance of the
VI. CRIMES AGAINST
MORALS CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø When horse races are not allowed:
š July 4 (Republic Act No. 137);
š December 30 (Republic Act No.
229);
š Any registration or voting days
(Republic Act No. 180, Revised
Election Code); and
š Holy Thursday and Good Friday
(Republic Act No. 946).
Ø Any race held on the same day and at
the same place shall be held
punishable as a separate offense.
4. Article 199. Illegal Cockfighting
This article has been modified or
repealed by Presidential Decree No. 449
(The Cockfighting Law of 1974):
š Only allows one cockpit per
municipality, unless the population
exceeds 100,000 in which case two
cockpits may be established;
š Cockfights can only be held in licensed
cockpits on Sundays and legal
holidays and local fiestas for not more
than three days;
š Also allowed during provincial,
municipal, city, industrial, agricultural
fairs, carnivals, or exposition not
PUBLIC requirements of modesty, good taste,
etc.
Ø CUSTOMS: established usage, social
conventions carried on by tradition
and enforced by social disapproval of
any violation thereof.
Ø GRAVE SCANDAL: consists of acts
which are offensive to decency and
good customs which, having
committed publicly, have given rise to
public scandal to persons who have
accidentally witnessed the same.
Ø The acts must be performed in a
public place or within the public
knowledge or view.
Ø If it is committed in a private place,
the crime of grave scandal is not
committed.
Ø In conducts involving lasciviousness,
it is grave scandal only where there is
mutual consent. (Boado,
Comprehensive Reviewer in Criminal
Law)
Ø Any act which is notoriously offensive
to decency may bring about criminal
liability for the crime of grave scandal
provided such act does not constitute
some other crime under the Revised
Penal Code. Grave scandal is a crime
of last resort.
ARTICLE 198. ILLEGAL BETTING
ON HORSE RACE
Acts punished is made publicly, criminal liability
1. Betting on horse races during arises.
periods not allowed by law; š As long as the pornographic matter
2. Maintaining or employing a or exhibition is made privately,
totalizer or other device or there is no crime committed under
scheme for betting on races or the Revised Penal Code because
realizing profit therefrom what is protected is the morality of
during the periods not allowed the public in general.
by law. 1. People v Kottinger (1923)
ARTICLE 200. GRAVE SCANDAL š The SC said that the
Elements postcards were not obscene
1. Offender performs an act or because the aggregate
acts; judgment of the community,
2. Such act or acts be highly and the moral sense of the
scandalous as offending people were not shocked by
against decency or good those pictures. They were
customs; not offensive to chastity but
3. The highly scandalous conduct merely depicted persons as
is not expressly falling within they actually lived.
any other article of this Code; 2. People v Aparici
and š The reaction of the public
4. The act or acts complained of during the performance of a
be committed in a public place dance by one who had nothing
or within the public knowledge to cover herself with, except
or view. nylon patches over her breasts
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   h and too abbreviated pair of
VI. CRIMES AGAINST PUBLIC nylon panties to interrupt her
MORALS CRIMINAL LAW II stark nakedness should be
Illustration: made the gauge in the
1. A man and a woman went to Luneta determination of whether the
and slept there. They covered dance or exhibition was
themselves their blanket and made indecent or immoral.
the grass their conjugal bed. This is 3. People v Padan (1957)
grave scandal. š An actual exhibition of the
2. Immoral Doctrines, Obscene sexual act can have no
Publications and Exhibitions and redeeming feature²no room for
Indecent Shows art. Therefore, it is a clear and
IMPORTANT POINT TO REMEMBER ABOUT unmitigated obscenity.
THIS ARTICLE: ARTICLE 201. IMMORAL DOCTRINES,
Ø MORALS: imply conformity with the OBSCENE PUBLICATIONS AND
generally accepted standards of EXHIBITIONS AND INDECENT
goodness or rightness in conduct or SHOWS
character, sometimes, specifically, to Acts punished
sexual conduct. 1. Those who shall publicly expound
Ø THE TEST OF OBSCENITY: or proclaim doctrines openly
š The test is objective. It is more on contrary to public morals;
the effect upon the viewer and not 2. a. The authors of obscene
alone on the conduct of the literature, published with their
performer. knowledge in any form, the
š If the material has the tendency to editors publishing such literature;
deprave and corrupt the mind of and the owners/operators of the
the viewer then the same is establishment selling the same;
obscene and where such obscenity b. Those who, in theaters, fairs,
cinematographs, or any other Ø The purpose of the law is not simply
place, exhibit indecent or immoral to punish a person because he has no
plays, scenes, acts, or shows, it means of livelihood; it is to prevent
being understood that the further criminality.
obscene literature or indecent or Ø Any person found wandering in an
immoral plays, scenes, acts or estate belonging to another
shows, whether live or in film, whether public or private without
which are proscribed by virtue any lawful purpose also commits
hereof, shall include those which: vagrancy, unless his acts
1. glorify criminals or condone constitutes some other crime in
crimes; the Revised Penal Code.
2. serve no other purpose but to PD 1563
satisfy the market for violence, MENDICANCY LAW OF 1978
lust or pornography; What is a Mendicant?
A mendicant refers to any person (except
3. offend any race, or religion; (
those
4. tend to abet traffic in and use of enumerated in section 4 of the law) who has
prohibited drugs; and no
•
are contrary to law, public order, visible and legal means of support, or lawful
morals, good customs, established employment and who is physically able to work
policies, lawful orders, decrees but
and edicts; and neglects to apply himself to some lawful calling
and
3. Those who shall sell, give away,
instead uses begging as a means of living.
or exhibit films, prints, Those enumerated in section 4, who are not
engravings, sculptures, or considered mendicants are the following:
literature which are offensive to 1. Any infant or child 8 years old and below
morals. who is
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   h found begging or is being utilized by a
VI. CRIMES AGAINST PUBLIC mendicant for purposes of begging
MORALS CRIMINAL LAW II 2. Any minor over 9 years of age and under 15
3. Vagrancy and Prostitution found begging or is being utilized for purposes
of begging, and who acted with or without
IMPORTANT POINT TO REMEMBER ABOUT
discernment
THIS ARTICLE: 3. Any person who is found begging and who is
Ø PROSTITUTES: women who, for physically or mentally incapable of gainful
money or profit habitually indulge in occupation
sexual intercourse or lascivious Who are punishable?
conduct 1. A mendicant shall, upon conviction, be
Ø VAGRANTS: punished by a fine not exceeding P500.00 or
1. An idle or dissolute person who by
imprisonment for a period not exceeding 2
lodges in houses of ill-fame
years or both at the discretion of the court.
2. Ruffian or pimp; or
2. A habitual mendicant (one who has been
3. One who habitually associates with convicted of mendicancy under this law 2 or
prostitutes. more times) shall be punished by a fine not
Ø The common concept of a vagrant is a exceeding P1000.00 or by imprisonment for a
person who loiters in public places period not exceeding years, or both at the
without any visible means of discretion of the court.
livelihood and without any lawful ARTICLE 202. VAGRANCY AND
purpose. PROSTITUTION
Ø Even millionaires or one who has Persons Liable:
more that enough for his livelihood 1. Any person having no apparent
can commit vagrancy by habitually means of subsistence, who has
associating with prostitutes, pimps, the physical ability to work and
ruffians, or by habitually lodging in who neglects to apply himself or
houses of ill-repute. herself to some lawful calling;
2. Any person found loitering about 18. Failure of a responsible public officer
public or semi-public buildings to render accounts before leaving the
or places or trampling or country (Art. 219);
wandering about the country or 19. Illegal use of public funds or property
the streets without visible (Art. 220);
means of support; 20. Failure to make delivery of public
3. Any idle or dissolute person who funds or property (Art. 221);
ledges in houses of ill fame; 21. Officers included in the preceding
4. Ruffians or pimps and those who provisions (Art. 222);
habitually associate with 22. Conniving with or consenting to
prostitutes; evasion (Art. 223);
5. Any person who, not being 23. Evasion through negligence (Art.
included in the provisions of 224);
other articles of this Code, shall 24. Escape of prisoner under the custody
be found loitering in any of a person not a public officer (Art.
inhabited or uninhabited place 225);
belonging to another without 25. Removal, concealment or destruction
any lawful or justifiable of documents (Art. 226);
purpose; 26. Officer breaking seal (Art. 227);
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   h 27. Opening of closed documents (Art.
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
TITLE VII: CRIMES COMMITTED BY
PUBLIC OFFICERS
1. Who are public officers (Art. 203);
2. Knowingly rendering unjust judgment
(Art. 204);
3. Judgment rendered through
negligence (Art. 205);
4. Unjust interlocutory order (Art. 206);
5. Malicious delay in the administration
of justice (Art. 207);
6. Prosecution of offenses; negligence
and tolerance (Art. 208);
7. Betrayal of trust by an attorney or
solicitor. ² Revelation of secrets (Art.
209);
8. Direct bribery (Art. 210);
9. Indirect bribery (Art. 211);
10. Qualified bribery (Art. 211-A);
11. Corruption of public officials (Art.
212);
12. Frauds against the public treasury and
similar offenses (Art. 213);
13. Other frauds (Art. 214);
14. Prohibited transactions (Art. 215);
15. Possession of prohibited interest by a
public officer (Art. 216);
16. Malversation of public funds or
property; Presumption of
malversation (Art. 217);
17. Failure of accountable officer to
render accounts (Art. 218);
228);
28. Revelation of secrets by an officer
(Art. 229);
29. Public officer revealing secrets of
private individual (Art. 230);
30. Open disobedience (Art. 231);
31. Disobedience to order of superior
officers, when said order was
suspended by inferior officer (Art.
232);
32. Refusal of assistance (Art. 233);
33. Refusal to discharge elective office
(Art. 234);
34. Maltreatment of prisoners (Art. 235);
35. Anticipation of duties of a public office
(Art. 236);
36. Prolonging performance of duties and
powers (Art. 237);
37. Abandonment of office or position
(Art. 238);
38. Usurpation of legislative powers (Art.
239);
39. Usurpation of executive functions
(Art. 240);
40. Usurpation of judicial functions (Art.
241);
41. Disobeying request for disqualification
(Art. 242);
42. Orders or requests by executive
officers to any judicial authority (Art.
243);
43. Unlawful appointments (Art. 244);
44. Abuses against chastity; Penalties
(Art. 245); person might
IMPORTANT POINTS TO REMEMBER lawfully do
ABOUT THIS TITLE: Nonfeasance Failure of an agent
Ø This is one of the instances where the to perform his
Revised Penal Code may be given undertaking for the
extra-territorial application under principal
Article 2 (5) thereof. Ø No liability if mere error in good faith.
Ø Crimes under this title can be Ø There must be evidence that the
committed by public officers or a judgment is unjust for it cannot be
nonpublic presumed.
officer, when the latter become Ø A manifestly unjust judgment is one
a conspirator with a public officer, or which is so manifestly contrary to law
an accomplice, or accessory to the that even a person having a few
crime. The public officer has to be the knowledge of the law cannot doubt
principal. the injustice.
Ø The term ³public officers´ Louis Vuitton SA v. Judge Villanueva
embraces every public servant The Supreme Court held that a judgment
from the highest to lowest. is said to be unjust when it is contrary to
Ø Officers and employees of the standards of conduct prescribed by
government owned and controlled law. The test to determine whether an
1. ARTICLE 203. WHO ARE order or judgment is unjust maybe
PUBLIC OFFICERS inferred from the circumstances that it is
Requisites: contrary to law or is not supported by
1) Taking part in the evidence.
performance of public Ø The crime may be committed only by a
functions in the government; judge of a trial court and never of an
2) Performing in said appellate court. The reason for this is
government or in any of its that in appellate court, not only one
branches public duties as an magistrate renders or issues the
employee, agent or interlocutory order.
subordinate official, or any Ø If the order leaves something to be
rank or class; done in the trial court with respect to
3) His authority to take part in the merits of the case, it is
the performance of public interlocutory. If it does not, it is final.
functions or to perform public Ø Malice must be proven. Malice is
duties must be ± present where the delay is sought to
a. By direct provision of the law; favor one party to the prejudice of the
b. By popular election; or other.
c. By appointment by competent 5. ARTICLE 207. MALICIOUS DELAY
authority. IN THE ADMINISTRATION OF
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   h JUSTICE
VII. CRIMES COMMITTED BY PUBLIC Elements:
OFFICERS CRIMINAL LAW II 1. Offender is a judge;
corporations included but not 2. There is a proceeding in his court;
3. He delays in the administration of
those of a sequestered
justice;
corporation. 4. The delay is malicious, that is, with
A. Malfeasance and Misfeasance in Office deliberate intent to inflict damage
Malfeasance Doing of an act on either party in the case.
which a public 4. ARTICLE 206. UNJUST
officer should not INTERLOCUTORY ORDER
have done Elements:
Misfeasance Improper doing of 1. Offender is a judge;
an act which a 2. He performs any of the
following acts: administratively as a lawyer, e.g.,
a. Knowingly rendering an suspension or disbarment under the
unjust interlocutory order or Code of Professional Responsibility.
decree; or Ø Several acts which would make a
b. Rendering a manifestly lawyer criminally liable:
unjust interlocutory order or (1)Maliciously causing damage to his
decree through inexcusable client through a breach of his
negligence or ignorance. professional duty. The breach of
3. ARTICLE 205. JUDGMENT professional duty must be
RENDERED THROUGH NEGLIGENCE malicious. If it is just incidental, it
Elements: would not give rise to criminal
1. Offender is a judge; liability, although it may be the
2. He renders a judgment in a case subject of administrative
submitted to him for decision; discipline;
3. The judgment is manifestly (2)Through gross ignorance, causing
unjust; damage to the client;
4. It is due to his inexcusable (3)Inexcusable negligence;
negligence or ignorance. (4)Revelation of secrets learned in his
2. ARTICLE 204. KNOWINGLY professional capacity;
RENDERING UNJUST JUDGMENT 6. ARTICLE 208. PROSECUTION OF
Elements: OFFENSES; NEGLIGENCE AND
1. Offender is a judge; TOLERANCE
2. He renders a judgment in a case Acts Punished:
submitted to him for decision;
1. Maliciously refraining from
3. Judgment is unjust;
instituting prosecution against
4. The judge knows that his
judgment is unjust. violators of the law;
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 h 2. Maliciously tolerating the
VII. CRIMES COMMITTED BY PUBLIC commission of offenses.
OFFICERS CRIMINAL LAW II Elements:
Ø This crime can only be committed by a 1. Offender is a public officer or
public officer whose official duty is to officer of the law who has a
prosecute offenders. duty to cause the prosecution
Ø While in Article 208, dereliction of of, or to prosecute, offenses;
duty refers only to prosecuting 2. There is a dereliction of the
officers, the term PREVARICACION duties of his office, that is,
applies to public officers in general knowing the commission of the
who is remiss or who is maliciously crime, he does not cause the
refraining from exercising the duties prosecution of the criminal, or
of his office. knowing that a crime is about
Ø Communications made with to be committed, he tolerates
prospective clients to a lawyer with a its commission;
view to engaging his professional 3. Offender acts with malice and
services are already privileged even deliberate intent to favor the
though the client-lawyer relationship violator of the law.
did not eventually materialize. 7. ARTICLE 209. BETRAYAL OF
Ø The confidential matters or TRUST BY AN ATTORNEY OR
information must be confided to the SOLICITOR. ² REVELATION OF
lawyer in the latter¶s professional SECRETS
capacity. Acts Punished:
Ø Mere malicious breach without 1. Causing damage to his client,
damage is not violative of Article 209; either²
at most he will be liable a. By any malicious breach of
professional duty;
b. By inexcusable negligence or the public officer perform his
ignorance. functions (here the crime by giver
Note: When the attorney acts is not corruption of public officials
with malicious abuse of his due to involuntariness)
employment or inexcusable Ø Under the first type of bribery, actual
negligence or ignorance, there receipt of the gift is not necessary. An
must be damage to his client. accepted offer or promise of a gift is
2. Revealing any of the secrets of sufficient. However, if the offer is not
his client learned by him in his accepted, only the person offering the
professional capacity (damage gift is liable for attempted corruption
is not necessary); of a public officer.
3. Undertaking the defense of the Ø Under the second type of bribery, the
opposing party in the same gift must be accepted by the public
case, without the consent of his officer.
first client, after having Ø The gift must have a value or capable
undertaken the defense of said of pecuniary estimation. It could be in
first client of after having the form of money, property or
received confidential services.
information from said client. Ø If the act required of the public officer
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   h amounts to a crime and he commits it,
VII. CRIMES COMMITTED BY PUBLIC he shall be liable for the penalty
OFFICERS CRIMINAL LAW II corresponding to the crime.
(5)Undertaking the defense of the Ø The third type of bribery and
opposite party in a case without prevaricacion (art 208) are similar
the consent of the first client offenses, both consisting of omissions
whose defense has already been to do an act required to be performed.
undertaken. In direct bribery however, a gift or
People v. Sandiganbayan promise is given in consideration of
The Supreme Court held that not all the omission. This is not necessary in
information received by counsel from prevaricacion.
client is classified as privileged. A Ø Direct bribery does not absorb Art.
distinction must be made between 208 (dereliction of duty).
confidential communications relating to 9. ARTICLE 211. INDIRECT BRIBERY
past crimes already committed, and Elements:
future crimes intended to be committed 1. Offender is a public officer;
by the client. 2. He accepts gifts;
Ø The crime of bribery has no frustrated 3. The gifts are offered to him by
stage. If one party does not concur, reason of his office.
then there is no agreement and not all 8. ARTICLE 210. DIRECT BRIBERY
the acts necessary to commit the Acts punished
crime were present. 1. Agreeing to perform, or
Ø Temporary performance of public performing, in consideration of
functions is sufficient to constitute a any offer, promise, gift or
person a public officer. present ± an act constituting a
Ø Bribery exists when the gift is: crime, in connection with the
a. voluntarily offered by a private performance of his official
person duties;
b. solicited by the public officer and 2. Accepting a gift in
voluntarily delivered by the private consideration of the execution
person of an act which does not
c. solicited by the public officer but constitute a crime, in
the private person delivers it out of connection with the
fear of the consequences should performance of his official
duty; Ø Mere physical receipt unaccompanied
3. Agreeing to refrain, or by by any other sign, circumstance or act
refraining, from doing to show such acceptance is not
something which it is his sufficient to convict the officer.
official duty to do, in Ø Public officers receiving gifts and
consideration of gift or private persons giving gifts on any
promise. occasion, including Christmas are
Elements liable under PD 46.
1. Offender is a public officer Ø The crime of qualified bribery may be
within the scope of Article 203; committed only by public officers
2. Offender accepts an offer or a ³entrusted with enforcement´ whose
promise or receives a gift or official duties authorize then to arrest
present by himself or through or prosecute offenders.
another; Ø The penalty is qualified if the public
3. Such offer or promise be officer is the one who asks or
accepted, or gift or present demands such present.
received by the public officer ± Ø If penalty is lower than reclusion
a. With a view to committing perpetua and/or death, the crime is
some crime; or direct bribery
b. In consideration of the Ø The dereliction of the duty punished
execution of an act which under Article 208 of the Revised Penal
does not constitute a crime, Code is absorbed.
but the act must be unjust; Ø The offender is the giver of the gift or
or the offeror of the promise. The act
c. To refrain from doing may or may not be accomplished.
something which it is his Ø The following are the SPECIAL LAWS
official duty to do. related to the prosecution and
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 h punishment of GRAFT and
VII. CRIMES COMMITTED BY PUBLIC CORRUPTION:
OFFICERS CRIMINAL LAW II 1. PRESIDENTIAL DECREE NO. 749
Ø The principal distinction between 2. RA NO. 3019 (ANTI-GRAFT AND
direct and indirect bribery is that in CORRUPT PRACTICES ACT)
the former, the officer agrees to 3. RA NO. 7080 (ANTI-PLUNDER ACT)
perform or refrain from doing an act in 4. RA NO. 1379 (FORFEITURE OF
consideration of the gift or promise. ILLGOTTEN
In the latter case, it is not necessary WEALTH)
that the officer do any act. It is 5. PRESIDENTIAL DECREE NO. 46
sufficient that he accepts the gift 6. RA 6713: CODE OF CONDUCT AND
offered by reason of his office. ETHICAL STANDARDS FOR PUBLIC
Ø If after receiving the gift, the officer OFFICIALS AND EMPLOYEES
does any act in favor of the giver PRESIDENTIAL DECREE NO. 749
which is unfair to the others, it ceases Ø Givers of bribes and other gifts as well
to be indirect but becomes direct as accomplices in bribery and
bribery. violations of the Anti-graft and
Ø This is always in the consummated Corrupt Practices Act are immune
stage. There is no attempted much from prosecution under the following
less frustrated stage in indirect circumstances:
bribery. a. information refers to
Ø There must be clear intention on the consummated violations
part of the public officer b. necessity of the information or
i to take the gift offered and testimony
i consider the property as his c. the information and testimony
own for that moment. are not yet in the possession of
the State PRACTICES ACT)
d. information and testimony can Acts Punished (Sec. 3):
be corroborated on its material A. Persuading, inducing or influencing
points another public officer to perform
11. ARTICLE 212. CORRUPTION OF an act constituting a violation of
PUBLIC OFFICIALS rules and regulations duly
Elements: promulgated by competent
1. Offender makes offers or authority or an offense in
promises or gives gifts or connection with the official duties
presents to a public officer; of the latter, or allowing himself to
2. The offers or promises are be persuaded, induced, or
made or the gifts or presents influenced to commit such
given to a public officer, under violation or offense.
circumstances that will make B. Directly or indirectly requesting or
the public officer liable for receiving any gift, present, share,
direct bribery or indirect percentage, or benefit for himself
bribery. or for any other person in
10. ARTICLE 211-A. QUALIFIED connection with any contract or
BRIBERY transaction between the
Elements: government and any other party
1. Offender is a public officer wherein the public officer in his
entrusted with law official capacity has to intervene
enforcement; under the law.
2. He refrains from arresting or C. Directly, or indirectly requesting or
prosecuting an offender who receiving any gift, present, or
has committed a crime other pecuniary or material
punishable by reclusion benefit, for himself or for another,
perpetua and/or death; from any person for whom the
3. Offender refrains from public officer, in any manner of
arresting or prosecuting in capacity, has secured or obtained,
consideration of any offer, or will secure or obtain, any
promise, gift, or present. Government permit or license, in
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 h  h consideration for the held given or
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
e. informant has been previously
convicted of a crime involving
moral turpitude
Ø Before the bribe-giver may be
dropped from the information, he has
to be charged first with the receiver.
Ø The immunity granted the bribe-giver
is limited only to the illegal
transaction where the informant gave
voluntarily the testimony.
Ø The immunity shall not attach when it
turns out that the information given is
false and malicious, for the purposes
of harassing the officer. The public
officer in this even is entitled to the
appropriate action against the
informant.
RA NO. 3019 (ANTI-GRAFT AND CORRUPT
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.
E. Causing any undue injury to any
party, including the Government,
or giving any private party any
unwarranted benefits, advantage,
or preference in the discharge of
his official, administrative or
judicial function through manifest
partiality, evident bad faith or
gross inexcusable negligence. This
provision shall apply to officers
and employees of offices or
government corporations charged
with the grant of licenses or
permits or other concessions.
F. Neglecting or refusing, after due
demand or request, without
sufficient justification, to act
his official position to unauthorized
persons, or releasing such
information in advance of its
authorized release date.
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   h
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 of 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 same,
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 so qualified or entitled.
K. Divulging valuable information of a
confidential character, acquired by
his office or by him on account of
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Persons Liable:
A. Any public officer who shall
perform any of the following acts
enumerated in Sec. 3
B. Any person having family or close
personal relation with any public
official who shall capitalize or
exploit or take advantage of such
family or close personal relation by
directly or indirectly requesting or
receiving any present, gift, or
material, or pecuniary advantage
from any person having some
business, transaction, application,
request, or contact with the
government in which such public
official has to intervene (Sec. 4)
C. Any person who shall knowingly
induce or cause any public official
to commit any of the offenses
under (A). (Sec. 4)
D. 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 gov¶t (Sec.
5).
This prohibition shall not apply to:
1. Any person who, prior to the
assumption of office of any of
the above officials to whom he
is related, has been already
dealing with the gov¶t along the
same line of business;
2. Any transaction, contract or
application already existing or
pending at the time of such
assumption of public office;
3. Any application filed by him, the
approval of which is not
discretionary on the part of the
official(s) concerned but
depends upon compliance with
requisites provided by law, or
rules or regulations issued
pursuant to law;
4. Any act lawfully performed an
official capacity or in the
exercise of a profession.
E. Any member of congress, during
the term for which he has been
elected, who shall acquire or
receive any personal pecuniary
interest in any specific business
enterprise which shall be directly
and particularly favored or
benefited by any law or resolution
authored by him previously
approved or adopted by Congress
during his term (Sec. 6).
F. Any public officer who
recommended the initiation in
Congress of the enactment or
adoption of any law or resolution
or acquires or receives any such
interest during his incumbency
(Sec. 6).
G. The member of Congress or other
Ø Properties in the name of the spouse
and dependents of such public official
may be taken into consideration,
when their acquisition through
legitimate means cannot be
satisfactorily shown.
Ø Bank deposits in the name of or
manifestly excessive expenditures
incurred by the public official, his
spouse or any of their dependents
including but not limited to activities
in any club or association or any
ostentatious display of wealth
including frequent travel abroad of a
non-official character by any public
official when such activities entail
expenses evidently out of proportion
to legitimate income.
Competent court:
! All prosecutions under this Act shall
be within the original jurisdiction of
the Sandiganbayan (Sec. 10).
Prescription of offenses:
! All offenses punishable under this Act
shall prescribe in 15 years (Sec. 11).
Exceptions:
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   h
public officer who, having such
interest prior to the approval of a
law or resolution authored or
recommended by him, continues
for thirty days after such approval
to retain his interest (Sec. 6).
H. Any public officer who shall fail to
file a true, detailed and sworn
statement of assets and liabilities
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).
Prima Facie Evidence of and Dismissal
due to unexplained Wealth (Sec. 8):
Ø If a public official has been found to
have acquired during his incumbency,
whether in his name or in the name of
other persons, an amount of property
and/or money manifestly out of
proportion to his salary and to his
other lawful income.
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
! Unsolicited gifts or presents of small
or insignificant value offered or given
as a mere ordinary token of gratitude
of friendship according to local
customs or usage, shall be excepted
from the provisions of this act (Sec.
14).
RA NO. 7080 (ANTI-PLUNDER ACT)
Definition of Ill-gotten wealth:
Ø 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:
A. Through misappropriation,
conversion, misuse or
malversation of public funds or
raids on the public treasury.
B. By receiving, directly or indirectly,
any commission, gift, share,
percentage, kickbacks or any other
form of pecuniary benefit from any
person and/or entity in connection
with any government contract or
project or by reason of the office
or position of the public officer
concerned;
C. By the illegal or fraudulent
conveyance or disposition of assets
belonging to the National
Government or any of its
subdivisions, agencies or
instrumentalities or governmentowned
or controlled corporations
and their subsidiaries;
D. By obtaining, receiving or
accepting, directly or indirectly,
any shares of stock, equity or any
other form of interest or
participation, including the
promise of future employment in
any business enterprise or
undertaking.
E. 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;
F. 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 or prejudice of the
Filipino people and the Republic of
the Philippines.
Estrada v. Sandiganbayan
Ø The Supreme Court held that the
means and schemes to acquire illgotten
wealth should be committed by
a combination or through a series of
acts. There should be at least two acts
otherwise the accused should be
charged with the particular crime
committed and not with plunder. A
combination means at least two acts
of a different category while a series
means at least two acts of the same
family, relatives by affinity or
consanguinity, business associates
and subordinates or other persons,
amasses, accumulates, or acquires
illgotten
wealth through a combination
or series of overt or criminal acts as
described under (I) 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).
B. Any person who participated with the
said public officer in the commission
of plunder.
Jurisdiction:
Ø All prosecutions under this Act shall
be within the original jurisdiction of
the Sandiganbayan.
Rule of Evidence:
Ø For purposes of establishing the crime
of plunder, it shall not be necessary to
prove each and every criminal act
done by the accused in furtherance of
the scheme and conspiracy to amass,
accumulate or acquire ill-gotten
wealth, it being sufficient to establish
beyond reasonable doubt a pattern of
overt or criminal acts indicative of the
overall unlawful scheme or
conspiracy.
Prescription of Crime:
Ø The crime of plunder shall prescribe in
20 years. However, the right of the
State to recover properties unlawfully
acquired by public officers from them
or from their nominees or transferees
shall not be barred by prescription,
laches or estoppel.
RA NO. 1379 (FORFEITURE OF ILLGOTTEN
WEALTH)
Ø The proceedings are civil and not
criminal in nature.
Ø If the public officer is found to have
amassed wealth out of proportion to
his legitimate income, the said wealth
will be forfeited in favor of the
government.
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   h
category. VII. CRIMES COMMITTED BY PUBLIC
Persons Liable: OFFICERS CRIMINAL LAW II
A. Any public officer who, by himself or Ø No criminal charges can be filed
in connivance with members of his against the public officer under this
law; however the said public officer
may be held criminally and/or
administratively liable under other
laws.
PRESIDENTIAL DECREE NO. 46
Ø Prohibits giving and acceptance of
gifts by a public officer or to a public
officer, even during anniversary, or
when there is an occasion like
Christmas, New Year, or any giftgiving
anniversary.
Ø Both giver and receiver are punished.
Ø The giving of a party is also
punishable and is not limited to the
public officer only but also to any
member of his family.
RA 6713: CODE OF CONDUCT AND
ETHICAL STANDARDS FOR PUBLIC
OFFICIALS AND EMPLOYEES
Definition of terms:
A. "Conflict of interest" arises when a
public official or employee is a
member of a board, an officer, or a
substantial stockholder of a private
corporation or owner or has a
substantial interest in a business, and
the interest of such corporation or
business, or his rights or duties
therein, may be opposed to or
affected by the faithful performance
of official duty.
B. "Divestment" is the transfer of title or
disposal of interest in property by
voluntarily, completely and actually
depriving or dispossessing oneself of
his right or title to it in favor of a
person or persons other than his
spouse and relatives as defined in this
Act.
C. "Relatives" refers to any and all
persons related to a public official or
employee within the fourth civil
degree of consanguinity or affinity,
including bilas, inso and balae.
Prohibited Acts and Transactions (sec.
7):
A. Public officials and employees shall
not have any financial or material
interest in any transaction requiring
the approval of their office.
B. Public officials and employees during
their incumbency shall not:
1. Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker,
agent, trustee or nominee in any
private enterprise regulated,
supervised or licensed by their
office unless expressly allowed
by law;
2. Engage in the private practice of
their profession unless
authorized by the Constitution or
law, provided, that such practice
will not conflict or tend to conflict
with their official functions; or
3. Recommend any person to any
position in a private enterprise
which has a regular or pending
official transaction with their
office.
C. Public officials and employees shall
not use or divulge, confidential or
classified information officially known
to them by reason of their office and
not made available to the public,
either:
1. To further their private
interests, or give undue
advantage to anyone; or
2. to prejudice the public
interest.
D. Public officials and employees shall
not solicit or accept, directly or
indirectly, any gift, gratuity, favor,
entertainment, loan or anything of
monetary value from any person in
the course of their official duties or
in connection with any operation
being regulated by, or any
transaction which may be affected
by the functions of their office.
Gifts or grants from foreign
governments:
A. The acceptance and retention by a
public official or employee of a gift
of nominal value tendered and
received as a souvenir or mark of
courtesy;
B. The acceptance by a public official
or employee of a gift in the nature
of a scholarship or fellowship grant
or medical treatment; or
C. The acceptance by a public official
or employee of travel grants or
expenses for travel taking place
entirely outside the Philippine
(such as allowances,
transportation, food, and lodging)
of more than nominal value if such
acceptance is appropriate or
consistent with the interests of the
Philippines, and permitted by the
head of office, branch or agency to
which he belongs.
Ø These prohibitions shall continue to
apply for a period of one (1) year after
resignation, retirement, or separation
from public office, except in the case
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Ø The essence of this crime is making
the government pay for something not
received or making it pay more than
what is due. It is also committed by
refunding more than the amount
which should properly be refunded.
Ø It is not necessary that the
government is actually defrauded by
reason of the transaction. It is
sufficient that the public officer who
acted in his official capacity had the
intent to defraud the government.
Ø The offender must have the duty as
  


   h public officer to deal with any person
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
of subparagraph (b) (2) above, but
the professional concerned cannot
practice his profession in connection
with any matter before the office he
used to be with, in which case the
one-year prohibition shall likewise
apply.
Divestment (sec 9):
Ø When a conflict of interest arises, he
shall resign from his position in any
private business enterprise within
thirty (30) days from his assumption
of office and/or divest himself of his
shareholdings or interest within sixty
(60) days from such assumption.
Ø The same rule shall apply where the
public official or employee is a partner
in a partnership.
B. Frauds and Illegal Exactions and
Transactions
Elements of frauds against public
treasury under paragraph 1
1. Offender is a public officer;
2. He has taken advantage of his office,
that is, he intervened in the transaction
in his official capacity;
3. He entered into an agreement with
any interested party or speculator or
made use of any other scheme with
regard to:
a. furnishing supplies
b. the making of contracts, or
c. the adjustment or settlement of
accounts relating to public
property or funds;
4. He had intent to defraud the
government
with regard to furnishing supplies,
making of contracts, or the
adjustments or settlement of accounts
relating to public property or funds.
Ø The felony is consummated by merely
entering into an agreement with any
interested party or speculator or by
merely making use of any scheme to
defraud the Government.
Elements of illegal exactions under par. 2
1. Offender is a public officer entrusted
with the collection of taxes, licenses,
fees and other imposts;
2. He is guilty of any of the following
acts or omissions:
a. Demanding, directly or indirectly,
the payment of sums different
from or larger than those
authorized by law; or
b. Failing voluntarily to issue a
receipt, as provided by law, for any
sum of money collected by him
officially; or
c. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that provided
by law.
12. ARTICLE 213. FRAUDS AGAINST
THE PUBLIC TREASURY AND SIMILAR
OFFENSES
Acts Punished:
1. Entering into an agreement with
any interested party or speculator
or making use of any other
scheme, to defraud the
government, in dealing with any
person with regard to furnishing
supplies, the making of contracts,
or the adjustment or settlement of
accounts relating to public
property or funds;
2. Demanding, directly or indirectly,
the payment of sums different
from or larger than those
authorized by law, in collection of
taxes, licenses, fees, and other
imposts;
3. Failing voluntarily to issue a
receipt, as provided by law, for
any sum of money collected by
him officially, in the collection of
taxes, licenses, fees and other
imposts;
4. Collecting or receiving, directly or
indirectly, by way of payment or
otherwise, things or objects of a
nature different from that
provided by law, in the collection
of taxes, licenses, fees and other
imposts.
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malversation
Ø Officers and employees of the BIR
or Customs are not covered by the
article. The Revised Administrative
Code is the applicable law.
Ø Examples of transactions of exchange
or speculation are: buying and selling
stocks, commodities, land etc wherein
one hopes to take advantage of an
expected rise or fall in price
Ø Purchasing of stocks or shares in a
company is simple investment and not
a violation of the article. However,
regularly buying securities for resale
is speculation
Ø The offender may also be held liable
under RA 3019 Sec 3(i)
Ø Fraud is not necessary. Intervention
must be by virtue of the public office
held.
Ø The basis here is the possibility that
fraud may be committed or that the
  


   h officer may place his own interest
VII. CRIMES COMMITTED BY PUBLIC 15. ARTICLE 216. POSSESSION OF
OFFICERS CRIMINAL LAW II PROHIBITED INTEREST BY A
Ø This can only be committed principally PUBLIC OFFICER
by a public officer whose official duty Persons liable:
is to collect taxes, license fees, import 1. Public officer who, directly or
duties and other dues payable to the indirectly, became interested in
government. any contracts or business in
Ø Mere demand of a larger or different which it was his official duty to
amount is sufficient to consummate intervene;
the crime. The essence is the improper 2. Experts, arbitrators, and private
collection (damage to government is accountants who, in like manner,
not required) took part in any contract or
Ø The act of receiving payment due the transaction connected with the
government without issuing a receipt estate or property in the
will give rise to illegal exaction even appraisal, distribution or
though a provisional receipt has been adjudication of which they had
issued. What the law requires is a acted;
receipt in the form prescribed by law, 3. Guardians and executors with
which means official receipt. respect to the property
Ø If sums are received without belonging to their wards or the
demanding the same, a felony under estate
this article is not committed. 14. ARTICLE 215. PROHIBITED
However, if the sum is given as a sort TRANSACTIONS
of gift or gratification, the crime is Elements:
indirect bribery. 1. Offender is an appointive public
Ø When there is deceit in demanding officer;
a greater fee than those prescribed by 2. He becomes interested, directly
law, the crime committed is estafa and or indirectly, in any transaction
not illegal exaction. of exchange or speculation;
Ø May be complexed with 3. The transaction takes place
within the territory subject to Ø Returning the embezzled funds is not
his jurisdiction; exempting, it is only mitigating
4. He becomes interested in the Ø A person whose negligence made
transaction during his possible the commission of
incumbency. malversation by another can be held
13. ARTICLE 214. OTHER FRAUDS liable as a principal by indispensable
Elements: cooperation
1. Offender is a public officer; Ø Demand as well as damage to the
2. He takes advantage of his government are not necessary
official position; elements
3. He commits any of the frauds or Ø A private person may also commit
deceits enumerated in Article malversation under the following
315 to 318 (estafa, other forms situations:
of swindling, swindling a minor, (1)Conspiracy with a public officer in
other deceits). committing malversation;
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   h (2)When he has become an
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
above that of the government or party
he represents.
C. Malversation of Public Funds or
Property
Ø Malversation is otherwise called
embezzlement
Ø The public officer must have official
custody or the duty to collect or
receive funds due the government, or
the obligation to account for them.
Ø It is not necessary that the offender
profited for as long as the accountable
officer was remiss in his duty of
safekeeping public funds or property.
He is liable for malversation if such
funds were lost or otherwise
misappropriated by another.
Ø It can be committed either with
malice or through negligence or
imprudence. This is one crime in the
Revised Penal Code where the penalty
is the same whether committed with
dolo or culpa.
Ø The nature of the duties of the public
officer, not the name of the office, is
controlling.
Ø The funds or property must be
received in an official capacity.
Otherwise, the crime committed is
estafa.
Ø If the public officer is not accountable
for the funds or property but someone
else, the crime committed is theft or
qualified theft if there is an abuse of
confidence.
accomplice or accessory to a public
officer who commits malversation;
(3)When the private person is made
the custodian in whatever capacity
of public funds or property,
whether belonging to national or
local government, and he
misappropriates the same;
(4)When he is constituted as the
depositary or administrator of
funds or property seized or
attached by public authority even
though said funds or property
belong to a private individual.
Ø Technical malversation is not included
in the crime of malversation.
Presumption of misappropriation:
Ø When a demand is made upon an
accountable officer and he cannot
produce the fund or property involved,
there is a prima facie presumption
that he had converted the same to his
own use.
Ø There must be indubitable proof that
thing unaccounted for exists. Audit
should be made to determine if there
was shortage. Audit must be
complete and trustworthy. If there is
doubt, presumption does not arise.
Quizo v. Sandiganbayan
The accused incurred shortage (P1.74)
mainly because the auditor disallowed
certain cash advances the accused
16. ARTICLE 217. MALVERSATION OF
PUBLIC FUNDS OR PROPERTY;
PRESUMPTION OF MALVERSATION
Acts punished:
1. Appropriating public funds or funds/property
property; Offender is a
2. Taking or misappropriating the private individual
same; or even a public
3. Consenting, or through officer who is not
abandonment or negligence, accountable for
permitting any other person to public
take such public funds or funds/property
property; and
Crime is
4. Being otherwise guilty of the
committed by
misappropriation or malversation
approaching,
of such funds or property.
Elements common to all acts: taking, or
1. Offender is a public officer; misappropriating/
2. He had the custody or control of consenting, or
funds or property by reason of the through
duties of his office; abandonment or
3. Those funds or property were negligence,
public funds or property for which permitting any
he was accountable; other person to
4. He appropriated, took, take the public
misappropriated or consented or, funds/property
through abandonment or Crime is
negligence, permitted another committed by
person to take them. misappropriating,
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 h converting, or
VII. CRIMES COMMITTED BY PUBLIC denying having
OFFICERS CRIMINAL LAW II received money,
granted to employees. But on the same goods or other
date that the audit was made, he partly personal property
reimbursed the amount and paid it in full No element of
three days later. The Supreme Court damage.
considered the circumstances as negative There is damage.
of criminal intent. The cash advances Demand not
were made in good faith and out of good necessary.
will to co-employees which was a There is a need
practice tolerated in the office. There for prior demand.
was no negligence, malice, nor intent to Ø Demand for accounting is not
defraud. necessary. It is also not essential that
Malversation (Art. there be misappropriation because if
217) present, the crime would be
Estafa with Abuse malversation.
of Confidence Ø The purpose of the law is to
(Art. 315) discourage responsible or accountable
Funds or property officers from leaving without first
usually public liquidating their accountability. It is
Funds/property not necessary that they really
are always misappropriated public funds.
private Ø Illegal use of public funds or property
Offender is usually is also known as technical
a public officer malversation.
who is Ø The term technical malversation is
accountable for used because in this crime, the fund
the public or property involved is already
appropriated or earmarked for a RESPONSIBLE PUBLIC OFFICER TO
certain public purpose. RENDER ACCOUNTS BEFORE
Malversation (Art. LEAVING THE COUNTRY
217) Elements:
Technical 1. Offender is a public officer;
malversation (Art. 2. He is an accountable officer for
220) public funds or property;
The offender 3. He unlawfully leaves or
misappropriates attempts to leave the
public funds or Philippine Islands without
property for his securing a certificate from the
own personal use, Commission on Audit showing
or allows any other that his accounts have been
person to take such finally settled.
The public officer h

         
  


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applies the public
funds or property
under his
administration to
another public use
different from that
17. ARTICLE 218. FAILURE OF
ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS
Elements:
1. Offender is public officer,
whether in the service or
separated therefrom by
resignation or any other cause;
2. He is an accountable officer for
public funds or property;
3. He is required by law or
regulation to render account to
the Commission on Audit, or to
a provincial auditor;
4. He fails to do so for a period of
two months after such
accounts should be rendered.
19. ARTICLE 220. ILLEGAL USE OF
PUBLIC FUNDS OR PROPERTY
Elements:
1. Offender is a public officer;
2. There are public funds or
property under his
administration;
3. Such fund or property were
appropriated by law or
ordinance;
4. He applies such public fund or
property to any public use
other than for which it was
appropriated for.
18. ARTICLE 219. FAILURE OF A
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
funds or property
for the latter¶s own
personal use.
for which the
public fund was
appropriated by
law or ordinance.
Ø Sheriffs and receivers fall under the
term ³administrator´
Ø A judicial administrator in charge of
settling the estate of the deceased is
not covered by the article
D.. Infidelity of Public Officers
Ø Classes of prisoners involved
1. Those who have been sentenced by
final judgment to any penalty;
2. Detention prisoners who are
temporarily held in custody for any
crime or violation of law or
municipal ordinance.
Ø This includes allowing prisoners to
sleep and eat in the officer¶s house or
utilizes the prisoner¶s services for
domestic chores.
Ø The release of a detention prisoner
who could not be delivered to judicial
authorities within the time fixed by
law is not infidelity in the custody of a
prisoner.
Ø This covers only positive carelessness
and definite laxity which amounts to
deliberate non-performance of duties.
Ø The fact that the public officer
recaptured the prisoner who had
escaped from his custody does not
afford complete exculpation.
Ø The liability of an escaping prisoner:
a. If he is a prisoner by final
judgment, he is liable for
evasion of service (Art. 157)
23. ARTICLE 224. EVASION
THROUGH NEGLIGENCE
Elements:
1. Offender is a public officer;
2. He is charged with the
conveyance or custody of a
prisoner or prisoner by final
judgment;
3. Such prisoner escapes through
negligence.
22. ARTICLE 223. CONNIVING
WITH OR CONSENTING TO
EVASION
Elements:
1. Offender is a public officer;
2. He had in his custody or charge
or refuses to make delivery
maliciously.
3. He fails to make the payment
maliciously.
21. ARTICLE 222. OFFICERS
INCLUDED IN THE PRECEDING
PROVISIONS
Persons Who May Be Held Liable
Under Arts 217 To 221:
1. Private individual who, in any
capacity, have charge of any
national, provincial or
municipal funds, revenue, or
property
2. Administrator or depositary of
funds or property that has been
attached, seized or deposited
by public authority, even if
owned by a private individual
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 h
a prisoner, either detention
prisoner or prisoner by final
judgment;
3. Such prisoner escaped from his
custody;
4. He was in connivance with the
prisoner in the latter¶s escape.
20. ARTICLE 221. FAILURE TO
MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY
Acts punished:
1. Failing to make payment by a
public officer who is under
obligation to make such
payment from government
funds in his possession;
2. Refusing to make delivery by a
public officer who has been
ordered by competent
authority to deliver any
property in his custody or
under his administration.
Elements:
1. Public officer has government
funds in his possession;
2. He is under obligation to
either:
a. make payment from such
funds;
b. to deliver any property in
his custody or under his
administration
3. He fails to make the payment
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
b. If he is a detention prisoner, he
does not incur criminal liability
(unless cooperating with the
offender).
Ø If the offender who aided or
consented to the prisoner¶s escaping
from confinement, whether the
prisoner is a convict or a detention
prisoner, is not the custodian, the
crime is delivering prisoners from jail
under Article 156.
Ø The party who is not the custodian
who conspired with the custodian in
allowing the prisoner to escape does
not commit infidelity in the custody of
the prisoner. He commits the crime of
delivering prisoners from jail.
Ø Art. 225 not applicable if a private
person was the one who made the
arrest and he consented to the escape
of the person he arrested.
Ø Can only be committed by the public
officer who is made the custodian of
the document in his official capacity.
If the officer was placed in possession
of the document but it is not his duty
to be the custodian thereof, this crime
is not committed.
Ø The document must be complete and
one by which a right could be
established or an obligation could be
extinguished. If the writings are mere
forms, there is no crime.
Ø Damage to public interest is
necessary. However, material
damage is not necessary.
Ø Removal is consummated upon
removal or secreting away of the
document from its usual place. It is
immaterial whether or not the illicit
purpose of the offender has been
accomplished
Ø This could cover failure on the part of
the post office to forward the letters
to their destination.
Ø Damage in this article may consist in
mere alarm to the public or in the
alienation of its confidence in any
branch of the government service.
Ø In "breaking of seal", the word
3. Said document or papers should
have been entrusted to such public
officer by reason of his office;
4. Damage, whether serious or not, to
a third party or to the public
interest has been caused.
24. ARTICLE 225. ESCAPE OF
PRISONER UNDER THE CUSTODY
OF A PERSON NOT A PUBLIC
OFFICER
Elements:
1. Offender is a private person;
2. The conveyance or custody of a
prisoner or person under arrest is
confided to him;
3. The prisoner or person under
arrest escapes;
4. Offender consents to the escape, or
that the escape takes place
through his negligence.
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"breaking" should not be given a
literal meaning. Even if actually, the
seal was not broken, because the
custodian managed to open the parcel
without breaking the seal.
Ø The element of damage is not
required.
Ø The act should not fall under 227.
Ø Damage also not necessary
27. ARTICLE 228. OPENING OF
CLOSED DOCUMENTS
Elements:
1. Offender is a public officer;
2. Any closed papers, documents, or
objects are entrusted to his custody;
3. He opens or permits to be opened
said closed papers, documents or
objects;
4. He does not have proper authority.
26. ARTICLE 227. OFFICER
BREAKING SEAL
Elements:
1. Offender is a public officer;
2. He is charged with the custody of
papers or property;
3. These papers or property are sealed
by proper authority;
4. He breaks the seal or permits them
to be broken.
25. ARTICLE 226. REMOVAL,
CONCEALMENT OR DESTRUCTION
OF DOCUMENTS
Elements:
1. Offender is a public officer;
2. He abstracts, destroys or conceals a
document or papers;
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Ø Espionage is not contemplated in this
article since revelation of secrets of
the State to a belligerent nation is
already defined in Art 117 and CA 616.
Ø Secrets must affect public interest.
Secrets of private persons are not
included.
Ø Charge´: means custody or control. If
he is merely entrusted with the
papers and not with the custody
thereof, he is not liable under this
article.
Ø If the papers contain secrets which
should not be published, and the
public officer having charge thereof
removes and delivers them wrongfully
to a third person, the crime is
revelation of secrets. On the other
hand, if the papers do not contain
secrets, their removal for an illicit
purpose is infidelity in the custody of
documents.
Ø Damage is essential to the act
committed.
Revelation Of
Secrets By An
Officer (Art.
229)
Removal,
Concealment or
Destruction of
Documents (Art. 29. ARTICLE 230. PUBLIC OFFICER
226) REVEALING SECRETS OF PRIVATE
The papers INDIVIDUAL
contain secrets Elements:
and therefore 1. Offender is a public officer;
should not be 2. He knows of the secrets of a
published, and private individual by reason of
The papers do not his office;
contain secrets but 3. He reveals such secrets without
their removal is for authority or justifiable reason.
an illicit purpose. 30. ARTICLE 231. OPEN
the public officer DISOBEDIENCE
having charge Elements:
thereof removes 1. Officer is a judicial or executive
and delivers officer;
them wrongfully 2. There is a judgment, decision or
to a third order of a superior authority;
person. 3. Such judgment, decision or
Ø Revelation to one person is sufficient order was made within the
Ø When the offender is a public attorney scope of the jurisdiction of the
or a solicitor, the act of revealing the superior authority and issued
secret should not be covered by Art with all the legal formalities;
209. 4. He, without any legal
Ø Damage to private individual is not justification, openly refuses to
necessary. The reason for this execute the said judgment,
provision is to uphold faith and trust decision or order, which he is
in public service. duty bound to obey.
D. Other Offenses or Irregularities by h

         
  


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Public Officers
28. ARTICLE 229. REVELATION OF
SECRETS BY AN OFFICER
Acts punished:
1. Revealing any secrets known to
the offending public officer by
reason of his official capacity;
Elements:
a. Offender is a public officer;
b. He knows of a secret by reason
of his official capacity;
c. He reveals such secret without
authority or justifiable reasons;
d. Damage, great or small, is
caused to the public interest.
2. Delivering wrongfully papers or
copies of papers of which he may
have charge and which should not
be published.
Elements:
a. Offender is a public officer;
b. He has charge of papers;
c. Those papers should not be
published;
d. He delivers those papers or
copies thereof to a third
person;
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Ø This does not apply if the order of the
superior is illegal.
Ø The request must come from one
public officer to another.
Ø If he receives consideration therefore,
bribery is committed. But mere
demand will fall under the prohibition
under the provision of Republic Act
No. 3019 (Anti-Graft and Corrupt
Practices Act).
Ø Once an individual is elected to an
office by the will of the people,
discharge of duties becomes a matter
of duty, not only a right.
Ø This only applies for elective, not
appointive officers.
Ø This is committed only by such public
officer charged with direct custody of
the prisoner.
Ø Offender may also be held liable for
physical injuries or damage caused.
Ø If the public officer is not the
custodian of the prisoner, and he
manhandles the latter, the crime is
physical injuries.
Ø The offended party can either be a
convict by final judgment or a
detention prisoner.
Ø To be considered a detention prisoner,
the person arrested must be placed in
jail even for just a short while.
Ø The maltreatment does not really
require physical injuries. Any kind of
punishment not authorized or though
authorized if executed in excess of the
prescribed degree.
31. ARTICLE 232. DISOBEDIENCE
TO ORDER OF SUPERIOR
OFFICERS, WHEN SAID ORDER
WAS SUSPENDED BY INFERIOR
OFFICER
Elements:
1. Offender is a public officer;
2. An order is issued by his
superior for execution;
3. He has for any reason
suspended the execution of
such order;
4. His superior disapproves the
suspension of the execution of
the order;
a. By overdoing himself in the
correction or handling of a
prisoner or detention prisoner
under his charge either ±
i. By the imposition of
punishment not
authorized by the
regulations;
ii. By inflicting such
punishments (those
authorized) in a cruel and
humiliating manner;
b. By maltreating such prisoners
to extort a confession or to
obtain some information from
the prisoner.
32. ARTICLE 233. REFUSAL OF
ASSISTANCE
Elements:
1. Offender is a public officer;
2. A competent authority demands
from the offender that he lend
his cooperation towards the
administration of justice or
other public service;
3. Offender fails to do so
maliciously.
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5. Offender disobeys his superior
despite the disapproval of the
suspension.
33. ARTICLE 234. REFUSAL TO
DISCHARGE ELECTIVE OFFICE
Elements:
1. Offender is elected by popular
election to a public office;
2. He refuses to be sworn in or to
discharge the duties of said
office;
3. There is no legal motive for
such refusal to be sworn in or to
discharge the duties of said
office.
34. ARTICLE 235. MALTREATMENT
OF PRISONERS
Elements:
1. Offender is a public officer or
employee;
2. He has under his charge a
prisoner or detention prisoner;
3. He maltreats such prisoner in
either of the following
manners:
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Ø If the maltreatment was done in order
to extort confession, the penalty is
qualified to the next higher degree.
Ø The offenders here can be those
suspended, separated, declared overaged,
or dismissed.
Ø For the resignation to be formal, it has
to be in written form.
Ø The offense is qualified when the
purpose of the abandonment is to
evade the discharge of duties of
preventing, prosecuting, punishing
any of the crimes falling within Title
One and Chapter One of Title Three of
book two of the RPC.
Abandonment of
Office or Position
(Art. 238)
Dereliction of
Duty (Art. 208)
Committed by any
public officer
Committed only
by public officers POWERS
who have the Elements:
duty to institute 1. Offender is holding a public
prosecution for office;
the punishment 2. The period provided by law,
of violations of regulations or special provision
the law for holding such office, has
There is actual already expired;
abandonment 3. He continues to exercise the
through duties and powers of such
resignation to office.
evade the 35. ARTICLE 236. ANTICIPATION
discharge of OF DUTIES OF A PUBLIC OFFICE
duties. Elements:
Public officer 1. Offender is entitled to hold a
does not abandon public office or employment,
his office but either by election or
merely fails to appointment;
prosecute a 2. The law requires that he should
violation of the first be sworn in and/or should
law. first give a bond;
Ø Arts 239-241 punish interference by 3. He assumes the performance of
public officers of the executive or the duties and powers of such
judiciary with the functions of another office;
department of government to keep 4. He has not taken his oath of
them within legitimate confines of office and/or given the bond
their respective jurisdictions. required by law.
Ø Legislative officers are not liable for h

         
  


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usurpation of powers.
38. ARTICLE 239. USURPATION OF
LEGISLATIVE POWERS
Elements:
1. Offender is an executive or
judicial officer;
2. That he:
a. makes general rules or
regulations beyond the
scope of his authority; or
b. attempts to repeal a law; or
c. suspends the execution
thereof.
37. ARTICLE 238. ABANDONMENT
OF OFFICE OR POSITION
Elements:
1. Offender is a public officer;
2. He formally resigns from his
position;
3. His resignation has not yet been
accepted;
4. He abandons his office to the
detriment of the public service.
36. ARTICLE 237. PROLONGING
PERFORMANCE OF DUTIES AND
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Ø The disobedient officer is liable even if
the jurisdictional question is resolved
in his favor.
Ø The purpose is to maintain the
independence of the judiciary from
executive dictations.
Ø This can also be covered by RA 3019.
Ø Recommending, knowing that the
person recommended is not qualified
is not a crime.
Ø There must be a law providing for the
qualifications of a person to be
nominated or appointed to a public
office.
43. ART 244. UNLAWFUL
APPOINTMENTS
Elements:
1. Offender is a public officer;
2. He nominates or appoints a
person to a public office;
3. Such person lacks the legal
qualifications therefore;
4. Offender knows that his nominee
or appointee lacks the h

         
  


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qualification at the time he made
the nomination or appointment.
42. ARTICLE 243. ORDERS OR
REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL
AUTHORITY
Elements:
1. Offender is an executive officer;
2. He addresses any order or
suggestion to any judicial
authority;
3. The order or suggestion relates
to any case or business coming
within the exclusive jurisdiction
of the courts of justice.
41. ARTICLE 242. DISOBEYING
REQUEST FOR DISQUALIFICATION
Elements:
1. Offender is a public officer;
2. A proceeding is pending before
such public officer;
3. There is a question brought
before the proper authority
regarding his jurisdiction,
which is not yet decided;
4. He has been lawfully required
to refrain form continuing the
proceeding;
5. He continues the proceeding.
40. ARTICLE 241. USURPATION OF
JUDICIAL FUNCTIONS
Elements:
1. Offender is an officer of the
executive branch of the
government;
2. That he:
a. assumes judicial powers, or
b. obstructs the execution of
any order or decision
rendered by any judge
within his jurisdiction.
39. ARTICLE 240. USURPATION OF
EXECUTIVE FUNCTIONS
Elements:
1. Offender is a judge;
2. That he:
a. assumes a power pertaining
to the executive authorities,
or
b. obstructs the executive
authorities in the lawful
exercise of their powers.
VII. CRIMES COMMITTED BY PUBLIC
OFFICERS CRIMINAL LAW II
Ø The crime is consummated by mere
proposal.
Ø The mother of the person in the
custody of the public officer is not
included but the offender may be
prosecuted under the Section 28 of
Republic Act No. 3019 (Anti-graft and
Corrupt Practices Act).
Ø If the offender were not the
custodian, then crime would fall under
Republic Act No. 3019 (The Anti-Graft
and Corrupt Practices Act).
Ø Solicit: means to propose earnestly
and persistently something unchaste
and immoral to a woman. The
advances must be immoral or
indecent.
Ø Proof of solicitation is not necessary
when there is sexual intercourse.
Ø Abuse against chastity is not absorbed
in rape because the basis of
penalizing the acts is different from
each other.
Elements:
1. Offender is a public officer;
2. He solicits or makes immoral or
indecent advances to a woman;
3. Such woman is ±
a. interested in matters
pending before the offender
for decision, or with respect
to which he is required to
submit a report to or consult
with a superior officer; or
b. under the custody of the
offender who is a warden or
other public officer directly
charged with the care and
custody of prisoners or
persons under arrest; or
c. the wife, daughter, sister or
relative within the same
degree by affinity of the
person in the custody of the
offender.
44. ART. 245. ABUSES AGAINST
CHASTITY
Acts punished:
1. Soliciting or making immoral or
indecent advances to a woman
interested in matters pending taking of human life, destruction of
before the offending officer for the fetus, or inflicting injuries.
decision, or with respect to which Ø Parricide is premised on the
he is required to submit a report to relationship between the offender
or consult with a superior officer; and the offended. A stranger who
2. Soliciting or making immoral or conspires with the parent is guilty
indecent advances to a woman of murder.
under the offender¶s custody; Ø In infanticide, the victim is
3. Soliciting or making immoral or younger than three days or 72
indecent advances to the wife, hours old; can be committed by a
daughter, sister or relative within stranger. If a stranger who
the same degree by affinity of any conspires with parent, both
person in the custody of the commit the crime of infanticide.
offending warden or officer. A. Destruction of Life
h

         
  


   h IMPORTANT POINTS TO REMEMBER
VIII. CRIMES AGAINST PERSONS REGARDING THIS ARTICLE:
CRIMINAL LAW II Ø Essential element: relationship of
TITLE VIII: CRIMES AGAINST PERSONS offender with the victim; except for
1. Parricide (Art. 246); spouses, only relatives by blood and
2. Death or physical injuries inflicted in direct line (adopted are not
under exceptional circumstances (Art. included)
247); Ø Supreme Court ruled that Muslim
3. Murder (Art. 248); husbands with several wives can be
4. Homicide (Art. 249); convicted of parricide only in case the
5. Death caused in a tumultuous affray first wife is killed.
(Art. 251); Ø Relationship must be alleged. If not,
6. Physical injuries inflicted in a relationship would only be considered
tumultuous affray (Art. 252); as aggravating circumstance.
7. Giving assistance to suicide (Art. Ø Cases of parricide when the penalty
253); shall not be reclusion perpetua to
8. Discharge of firearms (Art. 254); death:
9. Infanticide (Art. 255); 1. parricide through negligence (Art
10. Intentional abortion (Art. 256); .365)
11. Unintentional abortion (Art. 257); 2. parricide by mistake (Art. 49)
12. Abortion practiced by the woman 3. parricide under exceptional
herself or by her parents (Art. 258); circumstances (Art. 247)
13. Abortion practiced by a physician or 1. People vs. Dalag
midwife and dispensing of abortives A stranger who cooperates and
(Art. 259); takes part in the commission of the crime
14. Duel (Art. 260); of parricide, is not guilty of parricide but
15. Challenging to a duel (Art. 261); only homicide or murder, as the case may
16. Mutilation (Art. 262); be. The key element in parricide is the
17. Serious physical injuries (Art. 263); relationship of the offender with the
18. Administering injurious substances or victim.
beverages (Art. 264); 1. ARTICLE 246. PARRICIDE
19. Less serious physical injuries (Art. Elements:
265); 1. Person is killed;
20. Slight physical injuries and 2. Deceased is killed by the accused;
maltreatment (Art. 266); and 3. Deceased is the
21. Rape (Art. 266-A) a. legitimate/illegitimate father
IMPORTANT POINTS TO REMEMBER b. legitimate/illegitimate mother
ABOUT THIS TITLE: c. legitimate/illegitimate child
Ø The essence of crimes involves the i should not be less than 3
days old because if so, crime Inflicting death under exceptional
is infanticide circumstances is not murder. Two
d. legitimate other ascendant other persons suffered physical
e. legitimate other descendant injuries as they were caught in the
i legitimate spouse crossfire when the accused shot the
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   h victim. A complex crime of double
VIII. CRIMES AGAINST PERSONS frustrated murder was not committed
CRIMINAL LAW II as the accused did not have the intent
IMPORTANT POINTS TO REMEMBER to kill the two victims. Here, the
REGARDING THIS ARTICLE: accused did not commit murder when
Ø Requisites must be established by he fired at the paramour of his wife.
evidence of the defense No aberratio ictus because he was
Ø ³living with parent´ is understood acting lawfully.
to be in their own dwelling 2. ARTICLE 247. DEATH OR
because of the embarrassment and PHYSICAL INJURIES UNDER
humiliation done to the parent and EXCEPTIONAL CIRCUMSTANCES
parental abode Requisites for Application:
i If done in a motel, article 1. The accused is:
does not apply. a. legally married person or
Ø µsurprise¶ means ³to come upon b. parent (legitimate/illegitimate)
suddenly and unexpectedly´ of single daughter under 18 years
Ø Article does not apply: If the old and living with him
surprising took place before any Ø who surprises his spouse (in
actual sexual intercourse could be flagrant adultery) or daughter
done or after the actual sexual in the act of committing
intercourse was finished sexual intercourse with
Ø Penalty of destierro for killer another person
spouse is meant to protect him 2. In the act or immediately after,
from acts of reprisal by relatives of the accused:
dead spouse. Ø kills any or both or
Ø No criminal liability when less Ø inflicts any serious physical
serious or slight physical injuries injuries
are inflicted. 3. Accused did not promote or
1. People v. Puedan facilitate the prostitution of his wife
Evidence of the victim¶s or daughter, or that he has not
promiscuity is inconsequential to the consented to the infidelity of
killing. The offender must prove that spouse.
he actually surprised his wife and [her 3. ARTICLE 248. MURDER
paramour] in flagrante delicto, and Elements:
that he killed the man during or 1. Person was killed;
immediately thereafter. 2. Accused killed him;
2. People v. Abarca 3. Killing attended by any of the
The killing must be the direct following qualifying circumstances ±
result of the outrage suffered by the a. With treachery, taking
cuckolded husband. Although about advantage of superior
one hour had passed between the strength, with the aid or
time the accused discovered his wife armed men, or employing
having sexual intercourse with the means to waken the defense,
victim and the time the latter was or of means or persons to
actually killed, it was held that Article insure or afford impunity;
247 was applicable, as the shooting b. In consideration of a price, reward
was a continuation of the pursuit of or promise;
the victim by the accused. c. By means of inundation, fire,
poison, explosion, shipwreck, deliberately adopted by the
stranding of a vessel, derailment offender and were not
or assault upon a railroad, fall of merely incidental to the
an airship, by means of motor killing.
vehicles, or with the use of any i Killing of a child of tender
other means involving great age is murder qualified by
waste and ruin; treachery.
d. On occasion of any of the i Abuse of superior strength is
calamities enumerated in the inherent in and
preceding paragraph, or of an comprehended by the
earthquake, eruption of a volcano, circumstance of treachery or
destructive cyclone, epidemic, or forms part of treachery.
any other public calamity; Ø FIRE
e. With evident premeditation; i When a person is killed by
f. With cruelty, by deliberately and fire, the primordial criminal
inhumanly augmenting the intent of the offender is
suffering of the victim, or considered. If the
outraging or scoffing at his person primordial criminal intent of
or corpse. the offender is to kill and
h

         
  


 
 h fire was only used as a
VIII. CRIMES AGAINST PERSONS means to do so, the crime is
CRIMINAL LAW II only murder. If the
IMPORTANT POINTS TO REMEMBER primordial criminal intent of
REGARDING THIS ARTICLE: the offender is to destroy
Ø One attendant qualifying property with the use of
circumstance is enough. If there pyrotechnics and
are more than one alleged in the incidentally, somebody
information for murder, only one within the premises is killed,
will qualify the killing to murder the crime is arson with
and the other circumstances will homicide, a single indivisible
be taken as generic. crime penalized under
Ø Any of the qualifying Article 326, which is death
circumstances enumerated in Art. as a consequence of arson.
248 must be alleged in the 1. People v. Pugay and Samson
information. Intent to kill must be present for the use
Ø When the other circumstances are of fire to be appreciated as a qualifying
absorbed or included in one circumstance. Intending to make fun of a
qualifying circumstance, they retard, Pugay poured gasoline on the
cannot be considered as generic latter while Samson set him on fire. The
aggravating. retard died. There was no animosity
Ø When the victim is already dead, between the two accused and the victim
intent to kill becomes irrelevant. such that it cannot be said that they
It is important only if the victim resort to fire to kill him. It was merely a
did not die to determine if the part of their fun making but because
felony is physical injury or their acts were felonious, they are
attempted or frustrated homicide. criminally liable.
Ø TREACHERY Ø POISON
i The essence of treachery is i Treachery and evident
that the offended party was premeditation are inherent
denied the chance to defend in murder by poison only if
himself because of the the offender has the intent
means, methods, form in to kill the victim by use of
executing the crime poison.
Ø EVIDENT PREMEDITATION the result, and not the intent of the
i act of the offender act.
manifestly indicating that he Ø Physical injuries are one of the
clung to his determination to essential elements of frustrated
kill his victim homicide.
i Evident premeditation is Ø When several assailants not acting
absorbed in price, reward or in conspiracy inflicted wounds on a
promise, if without the victim but it cannot be determined
premeditation the inductor who inflicted which would which
would not have induced the caused the death of the victim, all
other to commit the act but are liable for the victim¶s death.
not as regards the one Ø In accidental homicide wherein
induced. death of a person is brought about
Ø CRUELTY by a lawful act performed with
i Under Article 14, the generic proper care and skill and without
aggravating circumstance of homicidal intent, there is no
cruelty requires that the liability.
victim be alive, when the 1. People v. Castillo
cruel wounds were inflicted There is no offense of frustrated
and, therefore, must be homicide through imprudence.
evidence to that effect. Yet, Accused pharmacist prepared the
in murder, aside from medicine on prescription but
cruelty, any act that would erroneously used a highly poisonous
amount to scoffing or substance. When taken by the patient,
decrying the corpse of the the latter nearly died. Accused is
victim will qualify the killing guilty only of physical injuries through
to murder. reckless imprudence. The element of
4. ARTICLE 249. HOMICIDE intent to kill in frustrated homicide is
Elements: incompatible with negligence or
1. Person was killed; imprudence.
2. Offender killed him without any IMPORTANT POINTS TO REMEMBER
justifying circumstances; REGARDING THIS ARTICLE:
3. Offender had the intention to kill, Ø Tumultuous affray is a commotion
which is presumed; in a confused manner to an extent
4. Killing was not attended by any of that it would not be possible to
the qualifying circumstances of identify who the killer is if death
murder, or by that of parricide or results, or who inflicted the serious
infanticide physical injury, but the person or
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   h persons who used violence are
VIII. CRIMES AGAINST PERSONS known.
CRIMINAL LAW II Ø If there is conspiracy, this crime is
IMPORTANT POINTS TO REMEMBER not committed.
REGARDING THIS ARTICLE: Ø If nobody could still be traced to
Ø Use of unlicensed firearm is an have employed violence upon the
aggravating circumstance in victim, nobody will answer. The
homicide. crimes committed might be
Ø In attempted or frustrated disturbance of public order, or if
homicide, there is intent to kill. In participants are armed, it could be
physical injuries, there is none. tumultuous disturbance, or if
However, if as a result of the property was destroyed, it could be
physical injuries inflicted, the malicious mischief.
victim died, the crime will be ARTICLE 250. PENALTY FOR FRUSTRATED
homicide because the law punishes PARRICIDE, MURDER OR HOMICIDE.
Courts may impose a penalty: Ø Giving assistance to suicide means
a. 2 degrees lower for frustrated giving means (arms, poison, etc.)
parricide, murder, or homicide or whatever manner of positive
b. 3 degrees lower for attempted and direct cooperation (intellectual
parricide, murder, or homicide aid, suggestions regarding the
5. ARTICLE 251. DEATH CAUSED IN mode of committing suicide, etc.).
TUMULTUOUS AFFRAY Ø If the person does the killing
Elements: himself, the penalty is similar to
1. There are several persons; that of homicide, which is reclusion
2. They do not compose groups temporal. There can be no
organized for the common qualifying circumstance because
purpose of assaulting and the determination to die must
attacking each other come from the victim. This does
reciprocally; not contemplate euthanasia or
3. These several persons quarreled mercy killing where the crime is
and assaulted one another in a homicide (if without consent; with
confused and tumultuous consent, covered by Article 253).
manner; Ø The person attempting to commit
4. Someone was killed in the suicide is not liable if he survives.
course of the affray; Ø Euthanasia is not lending
5. It can not be ascertained who assistance to suicide. In
actually killed the deceased; euthanasia, the victim is not in a
6. The person or persons who position to commit suicide. A
inflicted serious physical injuries doctor who resorts to euthanasia
or who used violence can be of his patient may be liable for
identified. murder.
6. PHYSICAL INJURIES CAUSED IN IMPORTANT POINTS TO REMEMBER
TUMULTUOUS AFFRAY (252) REGARDING THIS ARTICLE:
Elements Ø No crime if firearm is not
1. There is a tumultuous affray; discharged.
2. A participant or some participants Ø It is essential for prosecution to
thereof suffered serious physical prove that the discharge of firearm
injuries or physical injuries of a was directed precisely against the
less serious nature only; offended party.
3. The person responsible thereof can Ø If there is intention to kill, it may
not be identified; be classified as frustrated or
4. All those who appear to have used attempted parricide, murder, or
violence upon the person of the homicide.
offended party are known. Ø No intent to kill if the distance is
h

         
  


 
 h 200 meters.
VIII. CRIMES AGAINST PERSONS Ø There is a special complex crime of
CRIMINAL LAW II illegal discharge of firearm with
IMPORTANT POINTS TO REMEMBER serious or less serious physical
REGARDING THIS ARTICLE: injuries.
Ø Physical injury should be serious IMPORTANT POINTS TO REMEMBER
or less serious REGARDING THIS ARTICLE:
Ø No crime of physical injuries Ø If the offender is the parent and
resulting from a tumultuous affray the victim is less than three days
if the physical injury is only slight. old, the crime is infanticide and not
Slight physical injury is considered parricide. The fact that the killing
as inherent in a tumultuous affray. was done to conceal her dishonor
IMPORTANT POINTS TO REMEMBER will not mitigate the criminal
REGARDING THIS ARTICLE: liability anymore because
concealment of dishonor in killing person of the pregnant woman;
the child is not mitigating in 2. Acting, but without using violence,
parricide. without the consent of the woman.
Ø Only the mother and maternal (By administering drugs or
grandparents of the child are beverages upon such pregnant
entitled to the mitigating woman without her consent.)
circumstance of concealing the 3. Acting (by administering drugs or
dishonor. beverages), with the consent of
Ø A stranger who cooperates in the the pregnant woman.
perpetration of infanticide ABORTION v INFANTICIDE
committed by the mother or ABORTION INFANTICIDE
grandparent on the mother¶s side, Fetus could not
is liable for infanticide, but he sustain
must suffer the penalty prescribed independent life.
for murder. No legal viability.
Ø Concealment of dishonor is not an Fetus could sustain
element of infanticide. It merely an independent life
8. ARTICLE 254. DISCHARGE OF after separation
FIREARMS from the mother¶s
Elements: womb.
1. Offender discharges a Ø If the mother as a consequence of
firearm against or at abortion suffers death or physical
another person. injuries, you have a complex crime
2. Offender has no intention to of murder or physical injuries and
kill that person. abortion.
9. ARTICLE 255. INFANTICIDE Ø In intentional abortion, the
Elements: offender must know of the
1. A child was killed by the pregnancy because the particular
accused; criminal intention is to cause an
2. The deceased child was less than abortion.
3 days old. Ø If the woman turns out not to be
7. ARTICLE 253. GIVING ASSISTANCE pregnant and someone performs
TO SUICIDE an abortion upon her, he is liable
Acts punished : for an impossible crime if the
1. Assisting another to commit suicide, woman suffers no physical injury.
whether the suicide is consummated If she does, the crime will be
or not; homicide, serious physical injuries,
2. Lending his assistance to another to etc.
commit suicide to the extent of doing Ø Frustrated abortion is committed if
the killing himself. the fetus that is expelled is viable
h

         
  


 h  h and, therefore, not dead as
VIII. CRIMES AGAINST PERSONS abortion did not result despite the
CRIMINAL LAW II employment of adequate and
lowers the penalty. If the child is sufficient means to make the
abandoned without any intent to pregnant woman abort.
kill and death results as a IMPORTANT POINTS TO REMEMBER
consequence, the crime committed REGARDING THIS ARTICLE:
is not infanticide but abandonment Ø Unintentional abortion requires
under Article 276. physical violence inflicted deliberately
IMPORTANT POINTS TO REMEMBER and voluntarily by a third person upon
REGARDING THIS ARTICLE: the pregnant woman.
Ways of committing intentional abortion Ø If the pregnant woman aborted
1. Using any violence upon the because of intimidation, the crime
committed is not unintentional
abortion because there is no violence;
the crime committed is light threats.
Ø If the pregnant woman was killed by
violence by her husband, the crime
committed is the complex crime of
any other act of the accused, the
fetus dies, either in the womb or
after having been expelled
therefrom;
4. The abortion is intended.
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   h
parricide with unlawful abortion.
Ø Unintentional abortion may be
committed through negligence as it is
enough that the use of violence be
voluntary.
Ø If the act of violence is not felonious,
that is, act of self-defense, and there
is no knowledge of the woman¶s
pregnancy, there is no liability. If the
act of violence is not felonious, but
there is knowledge of the woman¶s
pregnancy, the offender is liable for
unintentional abortion.
1. People v. Jose
Jose is declared guilty of the crime of
unintentional abortion through reckless
imprudence for having bumped a calesa
which resulted a pregnant woman to
bump her abdomen against the wall of
the calesa and eventually led to an
abortion.
2. People v. Salufrania
Mere boxing of the stomach taken
together with the immediate strangling
of the victim in a fight, is not sufficient
proof to show an intent to cause
abortion. The accused must have merely
intended to kill the victim but not
necessarily to cause abortion. The
accused is liable for complex crime of
parricide with unintentional abortion for
it was merely incidental to the killing.
3. People v. Carnaso
For the crime of abortion, even
unintentional, to be held committed, the
accused must have known of the
pregnancy.
10. ARTICLE 256. INTENTIONAL
ABORTION
Elements:
1. There is a pregnant woman;
2. Violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
3. As a result of the use of violence or
drugs or beverages upon her, or
VIII. CRIMES AGAINST PERSONS
CRIMINAL LAW II
11. ARTICLE 257. UNINTENTIONAL
ABORTION
Elements:
1. There is a pregnant woman;
2. Violence is used upon such
pregnant woman without intending
an abortion;
3. The violence is intentionally
exerted;
4. Result of violence ± fetus dies,
either in the womb or expelled
therefrom
IMPORTANT POINTS TO REMEMBER
REGARDING THIS ARTICLE:
Ø If the purpose of abortion is to
conceal dishonor, mitigation
applies only to pregnant woman
and not to parents of pregnant
woman, unlike in infanticide.
Ø If the purpose of parents is not to
conceal dishonor, the crime is
intentional abortion.
IMPORTANT POINTS TO REMEMBER
REGARDING THIS ARTICLE:
Ø If the abortion is produced by a
physician to save the life of the
mother, there is no liability.
Ø Article punishes a pharmacist who
merely dispenses with an abortive
without the proper prescription of
a physician. If pharmacist knew
that the abortive would be use for
abortion, her would be liable as an
accomplice in the crime of
abortion.
Persons liable
1. The person who killed or inflicted
physical injuries upon his adversary,
or both combatants in any other case,
as principals.
2. The seconds, as accomplices.
IMPORTANT POINTS TO REMEMBER
REGARDING THIS ARTICLE:
Ø Duel is a formal or regular combat
previously consented to by two
parties in the presence of two or
more seconds of lawful age on
each side, who make the selection
of arms and fix all the other
conditions of the fight to settle
some antecedent quarrel.
Ø There is no such crime nowadays
because people hit each other even
without entering into any preconceived
agreement. This is an
obsolete provision.
Ø If these are not the conditions of
the fight, it is not a duel in the
sense contemplated in the Revised
Penal Code. It will be a quarrel
3. Scoffing at or decrying another
publicly for having refused to accept
a challenge to fight a duel.
12. ARTICLE 258. ABORTION PRACTICED
BY THE WOMAN HERSELF OR BY PARENTS
Elements:
1. There is a pregnant woman who has
suffered an abortion;
2. Abortion is intended;
3. Abortion is caused by ±
a. The pregnant woman herself;
b. Any other person, with her consent;
or
c. Any of her parents, with her
consent for the purpose of
concealing her dishonor.
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   h
and anyone who killed the other
will be liable for homicide or
VIII. CRIMES AGAINST PERSONS
murder, as the case may be. CRIMINAL LAW II
Persons responsible under Art. 261 are: coward if you do not come down´, the
1. Challenger crime of challenging to a duel is not
2. Instigators committed. What is committed is the
1. People v. Tacomoy crime of light threats under Article 285,
If one challenges another to a duel by paragraph 1 of the Revised Penal Code.
shouting ³Come down, Olympia, let us B. Physical Injuries
measure your prowess. We will see Ø Intent to mutilate must be
whose intestines will come out. You are a established. If there is no intent,
13. ARTICLE 259. ABORTION BY A the crime is only serious physical
PHYSICIAN OR MIDWIFE AND DISPENSING injury.
OF ABORTIVES Physical Injuries vs. Attempted or
Elements Frustrated homicide
1. There is a pregnant woman who Physical
has suffered an abortion; Injuries
2. The abortion is intended; Attempted or
3. Offender, who must be a Frustrated homicide
physician or midwife, caused or The offender
assisted in causing the abortion; inflicts physical
4. Said physician or midwife took injuries.
advantage of his or her scientific Attempted homicide
knowledge or skill. may be committed,
14. ARTICLE 260. RESPONSIBILITY even if no physical
OF PARTICIPANTS IN A DUEL 17. ARTICLE 263. SERIOUS PHYSICAL
Acts punished INJURIES
1. Killing one¶s adversary in a duel; How committed:
2. Inflicting upon such adversary 1. By wounding;
physical injuries; 2. By beating;
3. Making a combat although no 3. By assaulting; or
physical injuries have been 4. By administering injurious
inflicted. substance. ( Art. 264 )
15. ARTICLE 261. CHALLENGING TO A DUEL ÷



-

.

When the injured person, in
Acts punished:
consequence of the physical injuries
1. Challenging another to a duel; inflicted, «
2. Inciting another to give or accept a 1. « becomes insane, imbecile,
challenge to a duel; impotent or blind
2. a. «loses the use of speech VIII. CRIMES AGAINST PERSONS
or the power to hear or to smell,
CRIMINAL LAW II
or loses an eye, a hand, afoot,
an arm, or a leg; injuries are inflicted.
b. «loses the use of any such Offender has
member; or no intent to kill
c. «becomes incapacitated for the the offended
work in which he was theretofore party
habitually engaged, in The offender has an
consequence of the physical intent to kill the
injuries inflicted; offended party.
3. a. «becomes deformed; or
Ø The reason why there is no attempted
b. «loses any other member of his
body; or
c. «loses the use thereof; or frustrated physical injuries is because
d. «becomes ill or incapacitated for the crime of physical injuries is
the performance of the work in determined on the gravity of the injury.
which he was habitually engaged It is a crime of result. As long as the
for more than 90 days in injury is not there, there can be no
consequence of the physical attempted or frustrated stage thereof.
injuries inflicted;
Classification of physical injuries:
4. «becomes ill or incapacitated for labor
(1)Between less serious physical injuries
for more than 30 days (but must not
be more than 90 days), as a result of and serious physical injuries, you do
the physical injuries inflicted. not consider the period of medical
18. ARTICLE 264. ADMINISTERING treatment. You only consider the
INJURIOUS SUBSTANCES OR period when the offended party is
BEVERAGES rendered incapacitated for labor.
Elements: (2)When the injury created a deformity
1. Offender inflicted upon another upon the offended party, you
any serious physical injury; disregard the healing duration or the
2. It was done by knowingly period of medical treatment
administering to him any injurious involved. At once, it is considered
substance or beverages or by serious physical injuries.
taking advantage of his weakness Deformity requires the concurrence
of mind or credulity; of the following conditions:
3. He had no intent to kill. (1)The injury must produce
16. ARTICLE 262. MUTILATION ugliness;
Acts punished: (2)It must be visible;
1. Intentionally mutilating another (3)The ugliness will not disappear
by depriving him, either totally or through natural healing
partially, of some essential organ process.
for reproduction; Illustration:
Elements:
Loss of molar tooth ± This is not
a. There be a castration, that is,
mutilation of organs necessary deformity as it is not visible.
for generation, such as the Loss of permanent front tooth ±
penis or ovarium; This is deformity as it is visible and
b. The mutilation is caused permanent.
purposely and deliberately Loss of milk front tooth ± This is
2. Intentionally making other not deformity as it is visible but
mutilation, that is, by lopping or will be naturally replaced.
clipping off any part of the body of Ø Serious physical injuries is punished
the offended party, other than the
with higher penalties in the following
essential organ for reproduction,
to deprive him of that part of his cases:
body. (1) If it is
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   h committed against any of the
persons referred to in the crime of guilt for such.
parricide under Article 246; REPUBLIC ACT NO. 8049
(2) If any of the THE ANTI-HAZING LAW
circumstances qualifying murder h

         
  


   h
attended its commission.
Ø Hazing -- This is any initiation rite or
practice which is a prerequisite for
admission into membership in a
fraternity or sorority or any
organization which places the neophyte
or applicant in some embarrassing or
humiliating situations or otherwise
subjecting him to physical or
psychological suffering of injury. These
do not include any physical, mental,
psychological testing and training
procedure and practice to determine
and enhance the physical and
psychological fitness of the prospective
regular members of the below.
Ø Organizations include any club or AFP,
PNP, PMA or officer or cadet corps of
the CMT or CAT.
Ø Section 2 requires a written notice to
school authorities from the head of the
organization seven days prior to the
rites and should not exceed three days
in duration.
Ø Section 3 requires supervision by head
of the school or the organization of the
rites.
Ø Section 4 qualifies the crime if rape,
sodomy or mutilation results therefrom,
if the person becomes insane, an
imbecile, or impotent or blind because
of such, if the person loses the use of
speech or the power to hear or smell or
an eye, a foot, an arm or a leg, or the
use of any such member or any of the
serious physical injuries or the less
serious physical injuries. Also if the
victim is below 12, or becomes
incapacitated for the work he habitually
engages in for 30, 10, 1-9 days.
Ø It holds the parents, school authorities
who consented or who had actual
knowledge if they did nothing to
prevent it, officers and members who
planned, knowingly cooperated or were
present, present alumni of the
organization, owner of the place where
such occurred liable. This makes
presence a prima facie presumption of
VIII. CRIMES AGAINST PERSONS
CRIMINAL LAW II
Ø This involves even ill-treatment where
there is no sign of injury requiring
medical treatment.
Ø Slapping the offended party is a form
of ill-treatment which is a form of
slight physical injuries.
Ø But if the slapping is done to cast
dishonor upon the person slapped, or
to humiliate or embarrass the
offended party out of a quarrel or
anger, the crime is slander by deed.
Ø Between slight physical injuries and
less serious physical injuries, not only
the healing duration of the injury will
be considered but also the medical
attendance required to treat the
injury. So the healing duration may
be one to nine days, but if the medical
treatment continues beyond nine
days, the physical injuries would
already qualify as less serious
physical injuries. The medical
treatment may have lasted for nine
days, but if the offended party is still
incapacitated for labor beyond nine
days, the physical injuries are already
considered less serious physical
injuries.
Ø Where there is no evidence of actual
injury, it is only slight physical
injuries. In the absence of proof as to
the period of the offended party¶s
incapacity for labor or of the required
medical attendance, the crime
committed is slight physical injuries.
Ø The last paragraph of Article VI of
Republic Act No. 7610, provides:
³For purposes of this Act, the penalty
for the commission of acts punishable
under Articles 248, 249, 262 (2) and
263 (1) of Act No 3815, as amended
of the Revised Penal Code for the
crimes of murder, homicide, other
intentional mutilation, and serious
physical injuries, respectively, shall
be reclusion perpetua when the victim
is under twelve years of age.´
Ø The reference to Article 249 of the
Code which defines and penalizes the
crime of homicide were the victim is
under 12 years old is an error. Killing
a child under 12 is murder, not
homicide, because the victim is under
no position to defend himself as held
in the case of People v. Ganohon, 196
SCRA 431.
For murder, the penalty provided by
the Code, as amended by Republic Act
No. 7659, is reclusion perpetua to
death ± higher than what Republic Act
20. ARTICLE 266. SLIGHT PHYSICAL
INJURIES AND MALTREATMENT
Acts punished
1. Physical injuries incapacitated the
offended party for labor from one to
nine days, or required medical
attendance during the same period;
2. PHYSICAL INJURIES WHICH DID NOT
PREVENT THE OFFENDED PARTY FROM
ENGAGING IN HIS HABITUAL WORK OR
WHICH DID NOT REQUIRE MEDICAL
ATTENDANCE;
3. Ill-treatment of another by deed
without causing any injury.
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no. 7610 provides. Accordingly,
VIII. CRIMES AGAINST PERSONS
insofar as the crime is murder, Article
248 of the Code, as amended, shall CRIMINAL LAW II
govern even if the victim was under Rape
12 years of age. It is only in respect RA 8353
of the crimes of intentional mutilation AN ACT EXPANDING THE DEFINITION OF
in paragraph 2 of Article 262 and of THE CRIME OF RAPE, RECLASSIFYING
serious physical injuries in paragraph THE SAME AS A CRIME AGAINST
1 of Article 263 of the Code that the PERSONS
quoted provision of Republic Act No. IMPORTANT POINTS TO REMEMBER
7160 may be applied for the higher REGARDING THIS ARTICLE:
penalty when the victim is under 12 Classification of rape
years old. 1) Traditional Rape
19. ARTICLE 265. LESS SERIOUS PHYSICAL Ø Offended party is always a woman
INJURIES Ø Offender is always a man.
Elements: 2) Sexual assault
1. Offended party is incapacitated for Ø Rape can now be committed by a
labor for 10 days or more (but not man or a woman, that is, if a
more than 30 days), or needs medical woman or a man uses an
attendance for the same period of time;
instrument on anal orifice of male,
2. The physical injuries must not be those
she or he can be liable for rape.
described in the preceding articles.
Qualified as to penalty Ø Inserting a finger inside the
1. A fine not exceeding P 500.00, in genital of a woman is rape through
addition to arresto mayor, when sexual assault within the context
a. There is a manifest intent to insult of µobject¶.
or offend the injured person; or Penalties
b. There are circumstances adding Traditional Rape Sexual Assault
ignominy to the offense. In general:
2. A higher penalty is imposed when the Reclusion perpetua
victim is either ±
In general: Prision
a. The offender¶s parents, ascendants,
guardians, curators or teachers; or mayor
b. Persons of rank or person in A. Committed: 1) with the use of a deadly
authority, provided the crime is not weapon; or 2) by 2 or more persons
direct assault. Reclusion perpetua
REPUBLIC ACT NO. 7610 to death
SPECIAL PROTECTION OF CHILDREN Prision mayor to
AGAINST CHILD ABUSE, EXPLOITATION reclusion temporal
AND DISCRIMINATION ACT B. Victim becomes insane by reason or on
(IN RELATION TO MURDER, the occasion of rape
MUTILATION OR INJURIES TO A CHILD) Reclusion perpetua
to death
Reclusion temporal
C. Rape is attempted & homicide is
committed by reason or on the occasion
thereof
Reclusion perpetua
to death
Reclusion temporal
to reclusion
perpetua
D. Rape is consummated & homicide is
committed by reason or on the occasion
thereof (a special complex crime)
Death Reclusion perpetua
E. Committed with any of the ff.
aggravating circumstances:
1) On the VICTIM:
i. victim is under 18 yrs. old, & the
offender is a parent, ascendant,
step-parent, guardian, relative by
consanguinity or affinity w/in the
3rd civil degree, or the common law
spouse of the parent of the victim
ii. victim is under the custody of the
police / military authorities / law
enforcement agency
iii. victim is a religious and such
legitimate vocation is known by the
offender before or at the time of
rape
iv. victim is a child below 7 yrs. old
v. victim suffered permanent or
physical mutilation or disability by
reason or on the occasion of rape
2) On the OFFENDER:
vi. Offender is afflicted with a sexually
transmissible disease & the virus /
5) Offender had carnal knowledge of a
woman;
6) Such act is accomplished under any
of the following circumstances:
iv. By using force, threat or
intimidation;
v. When the woman is deprived of
reason or is otherwise
unconscious;
vi. By means of fraudulent
machination or grave abuse of
authority;
vii. When the woman is under 12
years of age (Statutory Rape) or
is demented.
Elements of rape through Sexual
Assault:
1) Offender commits an act of sexual
assault;
2) The act of sexual assault is
committed by any of the following
means:
i. By inserting his penis into
another person's mouth or anal
orifice; or
ii. By inserting any instrument or
object into the genital or anal
orifice of another person;
3) The act of sexual assault is
accomplished under any of the
following circumstances:
i. By using force or intimidation; or
ii. When the woman is deprived of
reason or otherwise
unconscious; or
iii. By means of fraudulent
machination or grave abuse of
authority; or
ix. When the woman is under 12
years of age or demented.
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disease is transmitted to the victim VIII. CRIMES AGAINST PERSONS
vii. Offender is a member of the AFP / CRIMINAL LAW II
PNP / any law enforcement agency or physical handicap of the offended
/ penal institution, & took party at the time of the commission
advantage of his position of rape
viii. Offender knew 3) On 3RD PERSONS:
of the pregnancy of the offended x. Rape is committed in full view of the of
party at the time of the commission the spouse, parent, any of the children,
of rape or other relatives w/in the 3rd civil
ix. Offender knew of the mental degree of consanguinity
disability, emotional disorder, & / Death Reclusion
ARTICLE 266-A. Rape Temporal
Elements of rape through sexual Old rape law distinguished from RA 8353
intercourse without consent of the Old Rape Law New Rape Law
woman: (Traditional Rape)
Crime against
4) Offender is a man;
chastity
Crime against until she was able to escape. The accused
persons was convicted of frustrated rape.
May be committed HELD: There is NO crime of FRUSTRATED
by a man against a RAPE because in rape, from the moment
woman only the offender has carnal knowledge of the
Under the 2nd type, victim, he actually attains his purpose, all
sexual assault may the essential elements of the offense
be committed by have been accomplished.
ANY PERSON 2. People v. Campuhan
PRIVATE CRIME ± The accused had his pants down and was
Complaint must be on top of the 4-year old child when the
filed by the woman child¶s mother arrived. Medical findings
or her parents, showed no signs of genital injury and the
grandparents or victim¶s hymen was intact.
guardian if the HELD: For rape to be consummated, a
woman was a slight brush or scrape of the penis on the
minor or external layer of the vagina will not
incapacitated suffice. Mere touching of the external
May be prosecuted layer of the vagina is not the same as
even if the woman µslightest penetration¶. Accused is only
does not file a liable for ATTEMPTED RAPE.
complaint Ø Conviction does not require a
Marriage of the medicolegal
victim w/ one of finding of any penetration on the
the offenders part of the woman.
benefits not only Ø Force employed against the victim of
the principal but the rape need not be of such character
also the as could be resisted.
accomplices and Ø When the offender has an ascendancy
accessories or influence over the girl, it is not
Marriage necessary that she put up a
extinguishes the determined resistance.
penal action only as Ø A rape victim does not have the
to the principal burden of proving resistance.
(the person who Ø Rape by means of fraudulent
married the machinations and grave abuse of
victim), and cannot authority absorbs the crime of
be extended to coprincipals qualified and simple seduction.
in case of Ø Statutory rape is consummated when
MULTIPLE RAPE the victim is below 12 yrs. old.
Marital rape NOT Victim¶s consent is immaterial.
recognized Ø Offender¶s knowledge of the victim¶s
Marital rape age is immaterial in statutory rape.
recognized Ø Carnal knowledge of a child below 12
Ø Complete penetration is NOT yrs. old even if she is engaged in
necessary. The slightest penetration² prostitution is still considered
contact with the labia²will statutory rape.
consummate the rape. 3. People v. Atento
1. People v. Orita A 16-year old mental retardate, who has
A soldier raped a 19-year old student by the intellectual capacity of a 9 and 12
poking a knife on her neck. Only a year old, was repeatedly raped by the
portion of his penis entered her vagina accused.
because the victim kept on struggling HELD: The accused was found guilty of
raping a woman deprived of reason or resistance against the act of rape in
otherwise unconscious, and was also any degree from the offended party;
held liable for rape under the Par. that or
pertains to a victim under 12 2) Where the offended party is so
notwithstanding the victim¶s actual age. situated as to render him/her
Age requirement was amended to refer incapable of giving his consent
to mental age. Ø Rape shield rule: Character of the
Ø Incestuous rape refers to rape offended woman is immaterial in rape.
committed by an ascendant of the Ø An accused may be convicted of rape
offended woman. on the sole testimony of the offended
i If the offender is NOT known woman.
to the woman, it is necessary Ø When several persons conspired to
that there be evidence of rape a single victim, each shall be
affirmative resistance put up liable for the rape committed
by the offended woman. A personally by him, as well as those
mere ³no, no´ is not enough if committed by the others.
the offender is a stranger. Ø An accused may be considered a
i If the rape is incestuous, principal by direct participation, by
uttering a mere ³no, no´ is inducement, or by indispensable
enough. cooperation. This is true in a charge of
4. People v. Gallo rape against a woman, provided, a
Gallo was found guilty of the crime of man is charged together with her.
qualified rape with the penalty of death. Effect of Pardon
The information filed against him does Ø Subsequent valid marriage
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 h between the offender and the
VIII. CRIMES AGAINST
CRIMINAL LAW II
not allege his relationship with the
victim, his daughter, thus, it CANNOT be
considered as a qualifying circumstance.
HELD: Special qualifying circumstances
have to be alleged in the information for
it to be appreciated. The case was
reopened and the judgment is modified
from death to reclusion perpetua.
5. People v. Berana
PERSONS offended party shall extinguish the
criminal action or the penalty
imposed.
Ø When the legal husband is the
offender, the subsequent
forgiveness by the wife as the
offended party shall extinguish the
criminal action or the penalty,
provided that their marriage is
NOT VOID ab initio.
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   h
A 14-year old was raped by her brotherin- IX. CRIMES AGAINST PERSONAL
law. LIBERTY AND SECURITY CRIMINAL
HELD: To effectively prosecute the LAW II
accused for the crime of rape committed TITLE IX: CRIMES AGAINST PERSONAL
by a relative by affinity w/in the 3rd civil LIBERTY AND SECURITY
degree, it must be established that: CRIMES AGAINST LIBERTY
1) the accused is legally married to 1. Kidnapping and serious illegal
the victim¶s sister; and detention (Art. 267);
2) the victim and the accused¶s wife 2. Slight illegal detention (Art. 268);
are full or half-blood siblings. 3. Unlawful arrest (Art. 269);
Since relationship qualifies the crime of 4. Kidnapping and failure to return a
rape, there must be clearer proof of minor (Art. 270);
relationship and in this case, it was not 5. Inducing a minor to abandon his
adequately substantiated. home (Art. 271);
EVIDENCE WHICH MAY BE ACCEPTED IN 6. Slavery (Art. 272);
THE PROSECUTION OF RAPE: 7. Exploitation of child labor (Art. 273);
1) Any physical overt act manifesting 8. Services rendered under compulsion
in payment of debts (Art. 274).
CRIMES AGAINST SECURITY
1. Abandonment of persons in danger
and abandonment of one's own victim
(Art. 275);
2. Abandoning a minor (Art. 276);
3. Abandonment of minor by person
entrusted with his custody;
indifference of parents (Art. 277);
4. Exploitation of minors (Art. 278);
5. Trespass to dwelling (Art. 280);
6. Other forms of trespass (Art. 281);
7. Grave threats (Art. 282);
8. Light threats (Art. 283);
9. Other light threats (Art. 285);
10. Grave coercions (Art. 286);
11. Light coercions (Art. 287);
12. Other similar coercions (Art. 288);
13. Formation, maintenance and
prohibition of combination of capital
or labor through violence or threats
(Art. 289);
14. Discovering secrets through seizure of
correspondence (Art. 290);
15. Revealing secrets with abuse of office
(Art. 291);
16. Revealing of industrial secrets (Art.
292).
A. Crimes Against Liberty
1. Kidnapping and Serious Illegal
Ø The purpose is immaterial when any
of the circumstances in the first
paragraph of Art. 267 is present.
Ø Essential element: deprivation of
liberty.
Elements
1. Offender is a private
individual;
2. He kidnaps or detains
another, or in any other
manner deprives the latter
of his liberty;
3. The act of detention or
kidnapping must be illegal;
4. In the commission of the
offense, any of the following
circumstances is present:
a. The kidnapping lasts for
more than 3 days;
b. it is committed simulating
public authority;
c. Any serious physical injuries
are inflicted upon the person
kidnapped or detained or
threats to kill him are made;
or
d. The person kidnapped or
detained is a minor, female,
or a public officer.
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 h
Detention
ARTICLE 267. KIDNAPPING AND
SERIOUS ILLEGAL DETENTION
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Qualifying Circumstances:
1. Purpose is to extort ransom.
2. When the victim is killed or dies
as a consequence of the
detention.
3. When the victim is raped.
4. When victim is subjected to
torture of dehumanizing acts.
Ø The offenders here are private
individuals or public officers acting in
their private capacity. If they are
public officers, they are covered by
the crimes under Title 2.
Ø When a public officer conspires with a
private person in the commission of
any of the crimes under Title IX, the
crime is also one committed under
this title and not under Title II.
IX. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY CRIMINAL
LAW II
Ø Definition of ransom: It is the money,
price or consideration paid or
demanded for redemption of a
captured person or persons, a
payment that releases a person from
captivity.
Ø When the kidnapping was done to
extort ransom, it is not necessary that
one or any of circumstances
enumerated be present.
Ø Actual demand for ransom not
necessary, as long as it can be proven
that the kidnapping was done for the
purpose of extorting money.
Ø Essential: There be actual
confinement or restriction of the
person of the offended party. It is not
necessary that the victim be placed in
an enclosure, as long as he is
deprived, in any manner, of his
liberty.
Ø When detention is illegal: It is not
ordered by competent authority nor
permitted by law.
Ø Special complex crime of Kidnapping
with Murder: When the victim dies or
is killed as a consequence of the
detention.
Ø Forcible abduction: If a woman is
transported from one place to another
by virtue of restraining her of her
liberty, and that act is coupled with
lewd designs.
Ø Serious illegal detention: If a woman
is transported just to restrain her of
her liberty. There is no lewd design or
lewd intent.
Ø Grave coercion: If a woman is carried
away just to break her will, to compel
her to agree to the demand or request
by the offender.
Difference Between Illegal Detention and
Arbitrary Detention
Illegal Detention Arbitrary Detention
Committed by a
private individual
who unlawfully
deprives a person
of his liberty
Committed by
public officer or
employee who
detains a person
without legal
ground
Crime against
personal liberty
Crime against the
fundamental laws
of the State
1. People v Padica (1993)
š Where the evident purpose of
taking the victim was to kill him,
and from the acts of the accused it
cannot be inferred that the latter¶s
purpose was to actually detain or
deprive the victim of his liberty,
the subsequent killing of the victim
did not constitute the crime of
kidnapping.
involved.
2. People v Luartes (1999)
š The essence of kidnapping is the
actual deprivation of the victim¶s
liberty coupled with the intent of
the accused to effect it.
3. People v Pavillare (2000)
š The duration of the detention even
if only for a few hours does not
alter the nature of the crime
committed.
4. People v. Tomio
š Physical detention is not
necessary. It is enough that the
victim is under the complete
control of the perpetrators as in
this case when the Japanese victim
had to rely on his abductors for
survival after he was tricked into
believing that the police was after
him.
š It was also held in this case that
keeping a person as a collateral for
payment of an obligation is
kidnapping.
Article 267 has been modified by
Republic Act No. 7659 in the following
respects:
(1) Illegal detention becomes serious
when it shall have lasted for more
than three days, instead of five
days as originally provided;
(2) In paragraph 4, if the person
kidnapped or detained was a minor
and the offender was anyone of
the parents, the latter has been
expressly excluded from the
provision. The liability of the
parent is provided for in the last
paragraph of Article 271;
(3) A paragraph was added to Article
267, which states:
When the victim is killed or
dies as a consequence of
the detention or is raped,
or is subjected to torture,
or dehumanizing acts, the
maximum penalty shall be
imposed.
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h  h
š The demand for ransom did not
convert the crime into kidnapping,
since no deprivation of liberty was
IX. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY CRIMINAL
LAW II
Ø The amendment introduced in our
criminal statutes the concept of
"special complex crime" of kidnapping
with murder or homicide.
Ø It eliminated the distinction drawn by
the courts between those cases where
the killing of the kidnapped victim
was purposely sought by the accused,
and those where the killing of the
victim was not deliberately resorted
to but was merely an afterthought.
2. Slight Illegal Detention
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø This felony is committed if any of the
five circumstances in the commission
of kidnapping or detention
enumerated in Article 267 is not
present.
Ø The penalty is lowered if:
(1)The offended party is voluntarily
released within three days from the
start of illegal detention;
(2)Without attaining the purpose;
(3)Before the institution of the
criminal action.
Ø The prevailing rule now is Asistio v.
Judge, which provides that voluntary
release will only mitigate criminal
liability if crime was slight illegal
detention. If serious, it has no effect.
Ø The liability of one who furnishes the
place where the offended party is
being held captive is that of a
principal and not of an accomplice.
3. Unlawful Arrest
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø This felony consists in making an
arrest or detention without legal or
reasonable ground for the purpose of
delivering the offended party to the
proper authorities.
Ø Generally, this crime is committed by
incriminating innocent persons by the
offender¶s planting evidence to justify
the arrest ± a complex crime results,
that is, unlawful arrest through
incriminatory machinations under
Article 363.
Ø If the arrest is made without a
warrant and under circumstances not
allowing a warrantless arrest, the
crime would be unlawful arrest.
Ø If the person arrested is not delivered
to the authorities, the private
individual making the arrest incurs
criminal liability for illegal detention
under Article 267 or 268.
Ø If the offender is a public officer, the
crime is arbitrary detention under
Article 124.
Ø If the detention or arrest is for a legal
ground, but the public officer delays
delivery of the person arrested to the
proper judicial authorities, then
Article 125 will apply.
Ø Note: This felony may also be
committed by public officers.
Difference Between Unlawful Arrest and
Delay in the Delivery of Detained Persons
DELAY IN THE
DELIVERY OF
DETAINED
PERSONS (Art. 125)
UNLAWFUL
ARREST (Art.
269)
Detention is for
some legal ground
Detention is
not
authorized by
law
ARTICLE 268. SLIGHT ILLEGAL
DETENTION
Elements
1. Offender is a private individual;
2. He kidnaps or detains another,
or in any other manner
deprives him of his liberty.
3. The act of kidnapping or
detention is illegal;
4. The crime is committed
without the attendance of any
of the circumstances
enumerated in Article 267.
ARTICLE 269. UNLAWFUL ARREST
Elements
1. Offender arrests or detains
another person;
2. The purpose of the offender is
to deliver him to the proper and serious illegal detention under
authorities; Article 267, not kidnapping and
3. The arrest or detention is not failure to return a minor under
authorized by law or there is no Article 270.
reasonable ground therefor. 5. Inducing a Minor to Abandon his Home
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  h IMPORTANT POINTS TO REMEMBER:
IX. CRIMES AGAINST PERSONAL Ø Inducement must be (a) actual, and
LIBERTY AND SECURITY CRIMINAL (b) committed with criminal intent
LAW II Ø The minor should not leave his home
Crime is committed of his own free will. What constitutes
by failing to deliver the crime is the act of inducing a
such person to the minor to abandon his home of his
proper judicial guardian, and it is not necessary that
authority within a the minor actually abandons the
certain period home.
Committed by Ø Father or mother may commit the
making an crimes in Art. 170 and 171 where they
arrest not are living separately and the custody
authorized by of the minor children is given to one
law of them.
4. Kidnapping and Failure to Return a 6. Slavery
Minor IMPORTANT POINTS TO REMEMBER
IMPORTANT POINTS TO REMEMBER ABOUT THIS ARTICLE:
ABOUT THIS ARTICLE: Ø This is committed if anyone shall
Ø If any of the foregoing elements is purchase, kidnap, or detain a human
absent, the kidnapping of the minor being for the purpose of enslaving
will then fall under Article 267. him.
Ø The essential element which qualifies Ø The penalty is increased if the
the crime of kidnapping a minor under purpose of the offender is to assign
Art. 270 is that the offender is the offended party to some immoral
entrusted with the custody of the traffic.
minor. Ø If the purpose of the kidnapping or
Ø If the accused is any of the parents, detention is to enslave the offended
Article 267 does not apply; Articles party, slavery is committed.
270 and 271 apply. Ø The crime is slavery if the offender is
Ø If the taking is with the consent of the not engaged in the business of
parents, the crime in Article 270 is prostitution. If he is, the crime is
committed. white slave trade under Article 341.
1. People v. Generosa KIDNAPPING AND FAILURE TO
š The deliberate failure to return a RETURN A MINOR (270)
minor under one¶s custody Elements
constitutes deprivation of liberty. 1. Offender is entrusted with the
š Kidnapping and failure to return a custody of a minor person
minor is necessarily included in (whether over or under seven
kidnapping and serious illegal years but less than 18 years of
detention of a minor under Article age);
267(4). 2. He deliberately fails to restore
2. People v. Mendoza the said minor to his parents or
š Where a minor child was taken by guardians.
the accused without the ARTICLE 271. INDUCING A MINOR
knowledge and consent of his TO ABANDON HIS HOME
parents, the crime is kidnapping Elements
1. A minor (whether over or under
seven years of age) is living in servitude and debt bondage;
the home of his parents or 4. organizing ³sex´ tours and similar
guardians or the person travel packages;
entrusted with his custody; 5. hiring persons for purposes of
2. Offender induces said minor to prostitution or pornography;
abandon such home. 6. adopting children for purposes of
ARTICLE 272. SLAVERY prostitution, pornography, sexual
Elements exploitation, forced labor, slavery,
1. Offender purchases, sells, involuntary servitude and debt
kidnaps or detains a human bondage;
being; 7. engaging in illegal trade of body
2. The purpose of the offender is organs, incl. Abducting and forcing
to enslave such human being. persons to sell/donate
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  h organs/tissues.
IX. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY CRIMINAL
LAW II
Ø The employment or custody of a minor
with the consent of the parent or
guardian although against the child¶s
own will cannot be considered
involuntary servitude.
Ø But where is proven that the
defendant was obliged to render
service in plaintiff¶s house as a
servant without remuneration
whatever and to remain there so long
as she has not paid her debt, there is
slavery.
RA 9208: ANTI-TRAFFICKING OF
PERSONS ACT OF 2003
Ø Sec. 4 enumerates the following as
unlawful:
1. recruiting, transporting, harboring,
transferring, providing or receiving
persons, even under the pretext of
overseas employment, for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude and debt
bondage;
2. facilitating, for profit or consideration,
introductions or mail-order bride
schemes between Filipinas and
foreigners for purposes of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude and debt
bondage;
3. offering and contracting marriages for
purposes of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
8. adopting/recruiting child soldiers for
armed conflict
Ø Sec. 5 also penalizes
acts that promote, facilitate or
otherwise assist in the commission
of the acts enumerated in Sec. 4.
Ø Under Sec. 6, trafficking is qualified
when:
1. the trafficked person is a child;
2. the inter-country adoption is effected
for purposes of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude and debt bondage;
3. trafficking is committed by a
syndicate (large-scale);
4. offender is an ascendant, parent,
sibling, guardian or otherwise
exercises authority over the trafficked
person or a public officer or employee;
5. trafficking is made for purposes of
engaging in prostitution with law
enforcement/military agencies;
6. offender is a member of law
enforcement/military agencies;
7. by reason of trafficking, the victim
dies, becomes insane, suffers
mutilation or is infected with HIV
virus/ AIDS.
8. Exploitation of Child Labor
IMPORTANT POINT TO REMEMBER ABOUT
THIS ARTICLE:
Ø The existence of an indebtedness
constitutes no legal justification for
holding a person and depriving him of
his freedom to live where he wills.
8. Services Rendered Under Compulsion
in Payment of Debt
ARTICLE 273. EXPLOITATION OF
CHILD LABOR debt
Elements 1. Using, procuring or offering the child
1. Offender retains a minor in his for purposes of prostitution or
services; pornographic activities;
2. It is against the will of the 2. Using, procuring or offering the child
minor; for illicit activities, such as trafficking
3. It is under the pretext of of drugs and other illegal substances;
reimbursing himself of a debt 3. Making the child work in hazardous
incurred by an ascendant, working conditions;
guardian or person entrusted 4. Subjecting the child to various forms
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  h of slavery as defined in RA 9208, incl.
IX. CRIMES AGAINST PERSONAL Trafficking of children, recruitment of
LIBERTY AND SECURITY CRIMINAL child soldiers, etc.
LAW II ARTICLE 275. ABANDONMENT OF
B. Crimes Against Security PERSONS IN DANGER AND
1. Abandonment Of Persons In Danger ABANDONMENT OF OWN VICTIM
And Abandonment Of Own Victim Acts punished
IMPORTANT POINTS TO REMEMBER 1. Failing to render assistance to
ABOUT THIS ARTICLE: any person whom the offender
Ø Does not apply: When a person finds in an uninhabited place,
intentionally wounds another and wounded or in danger of dying
leaves him in an uninhabited place when he can render such
Ø Immaterial: That the offender did not assistance without detriment to
know that the child is under seven himself, unless such omission
years. shall constitute a more serious
2. Abandoning a Minor offense.
RA 9231: ANTI-CHILD LABOR ACT Elements
OF 2003 a. The place is not inhabited;
RA 9231 amended RA 7160 by imposing b. Accused found there a person
heavier penalties on parents, wounded or in danger of
guardians and employers of children dying;
18 yrs. and below who commit any of c. Accused can render
the following acts: assistance without detriment
5. Making the child work beyond the to himself;
maximum no. of working hours d. Accused fails to render
provided by said law; assistance.
6. Misappropriating the earnings of the 2. Failing to help or render
child and/or failure to set up a trust assistance to another whom the
fund for the latter and render a offender has accidentally
semiannual wounded or injured;
accounting of such; 3. By failing to deliver a child,
ARTICLE 274. SERVICES under seven years of age,
RENDERED UNDER COMPULSION whom the offender has found
IN PAYMENT OF DEBT abandoned, to the authorities
Elements: or to his family, or by failing to
1. Offender compels a debtor take him to a safe place.
to work for him, either as a h

         
  



  h
household servant or farm IX. CRIMES AGAINST PERSONAL
laborer; LIBERTY AND SECURITY CRIMINAL
2. It is against the debtor¶s LAW II
will; IMPORTANT POINTS TO REMEMBER
3. The purpose is to require or ABOUT THIS ARTICLE:
enforce the payment of a Ø Circumstances qualifying the offense:
1. When the death of the minor deprive him of the
resulted from such abandonment; or care and
2. If the life of the minor was in protection that his
danger because of the abandonment. tender years need
Ø The purpose in abandoning the minor ARTICLE 277. ABANDONMENT OF
under his custody is to avoid the MINOR BY PERSON ENTRUSTED
obligation of taking care of said WITH CUSTODY; INDIFFERENCE
minor. OF PARENTS
Ø Intent to kill cannot be presumed Acts punished
from the death of the child. The ruling 1. Delivering a minor to a public
that the intent to kill is presumed institution or other persons
from the death of the victim of the without the consent of the one
crime is applicable only to crimes who entrusted such minor to
against persons, and not to crimes the care of the offender or, in
against security, particularly the the absence of that one,
crime of abandoning a minor under without the consent of the
Art. 276. proper authorities;
3. Abandonment Of Minor By Person ARTICLE 276. ABANDONING A
Entrusted With Custody; Indifference Of MINOR
Parents Elements
Difference Between Abandonment of 1. Offender has the custody of a
Minor and Abandonment of Minor by child;
Persons Entrusted with Custody 2. The child is under seven years
ABANDONMENT of age;
OF MINOR BY 3. He abandons such child;
PERSONS 4. He has no intent to kill the
ENTRUSTED WITH child when the latter is
CUSTODY (ART. abandoned.
277) Elements
ABANDONMENT a. Offender has charge of the
OF MINOR (ART. rearing or education of a
276) minor;
The custody of the b. He delivers said minor to a
offender is public institution or other
specific, that is , persons;
the custody for c. The one who entrusted
the rearing or such child to the offender
education of the has not consented to such
minor act; or if the one who
The custody of the entrusted such child to the
offender is stated offender is absent, the
in general proper authorities have not
Minor is under 18 consented to it.
yrs. of age 2. Neglecting his (offender¶s)
Minor is under 7 children by not giving them the
years of age education which their station
Minor is delivered in life requires and financial
to a public condition permits.
institution or Elements:
other person a. Offender is a parent;
Minor is b. He neglects his children by
abandoned in not giving them education;
such a way as to c. His station in life requires
such education and his ABOUT THIS ARTICLE:
financial condition permits Ø DWELLING: This is the place that a
it. person inhabits. It includes the
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  h dependencies which have interior
IX. CRIMES AGAINST PERSONAL communication with the house. It is
LIBERTY AND SECURITY CRIMINAL not necessary that it be the
LAW II permanent dwelling of the person;
4. Exploitation of Minors hence, a person¶s room in a hotel may
IMPORTANT POINTS TO REMEMBER be considered a dwelling. It also
ABOUT THIS ARTICLE: includes a room where one resides as
Ø Circumstance qualifying the offense: a boarder.
If the delivery of the child to any Ø If the purpose in entering the
person following any of the calling of dwelling is not shown, trespass is
acrobat, gymnast, rope-walker, diver, committed.
wild-animal tamer or circus manager Ø If the purpose is shown, it may be
or to any habitual vagrant or beggar is absorbed in the crime as in robbery
made in consideration of any price, with force upon things, the trespass
compensation or promise, the penalty yielding to the more serious crime.
is higher. ARTICLE 278. EXPLOITATION OF
Ø The offender is engaged in a kind of MINORS
business that would place the life or Acts punished
limb of the minor in danger, even 1. Causing any boy or girl under
though working for him is not against 16 years of age to perform any
the will of the minor. dangerous feat of balancing,
Ø Nature of the Business: this involves physical strength or
circuses which generally attract contortion, the offender being
children so they themselves may any person;
enjoy working there unaware of the 2. Employing children under 16
danger to their own lives and limbs. years of age who are not the
Ø Age: Must be below 16 years. children or descendants of the
Ø Article 278 has no application if minor offender in exhibitions of
is 16 years old and above. But the acrobat, gymnast, ropewalker,
exploitation will be dealt with by diver, or wild-animal
Republic Act No. 7610. tamer, the offender being an
Ø If the employer is an ascendant, the acrobat, etc., or circus
crime is not committed, unless the manager or engaged in a
minor is less than 12 years old. similar calling;
Ø If the minor so employed would suffer 3. Employing any descendant
some injuries as a result of a violation under 12 years of age in
of Article 278, Article 279 provides dangerous exhibitions
that there would be additional enumerated in the next
criminal liability for the resulting preceding paragraph, the
felony. offender being engaged in any
Article 279. Additional penalties for other of the said callings;
offenses. 4. Delivering a child under 16
The imposition of the penalties years of age gratuitously to
prescribed in the preceding articles, shall any person following any of
not prevent the imposition upon the the callings enumerated in
same person of the penalty provided for paragraph 2, or to any
any other felonies defined and punished habitual vagrant or beggar,
by this Code. the offender being an
5. Qualified Trespass to Dwelling ascendant, guardian, teacher
IMPORTANT POINTS TO REMEMBER ARTICLE 280. QUALIFIED TRESPASS
TO DWELLING which the door latch of a closed room
Elements was fastened. The cutting of the
1. Offender is a private person; fastenings of the door was an act of
2. He enters the dwelling of another; violence.
3. Such entrance is against the latter¶s 3. Wounding by means of a bolo, the
will. owner of the house immediately after
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  h entrance
IX. CRIMES AGAINST PERSONAL Ø Examples of trespass by means of
LIBERTY AND SECURITY CRIMINAL intimidation:
LAW II 1. Firing a revolver in the air by persons
Ø If the purpose is not shown and while attempting to force their way into a
inside the dwelling he was found by house.
the occupants, one of whom was 2. The flourishing of a bolo against
injured by him, the crime committed inmates of the house upon gaining an
will be trespass to dwelling and entrance
frustrated homicide, physical injuries, 5. Other Forms of Trespass
or if there was no injury, unjust IMPORTANT POINT TO REMEMBER ABOUT
vexation. THIS ARTICLE:
Ø If the entry is made by a way not Ø Premises: signifies distinct and
intended for entry, that is presumed definite locality. It may mean a room,
to be against the will of the occupant shop, building or definite area, but in
(example, entry through a window). either case, locality is fixed.
It is not necessary that there be a Difference Between Qualified Trespass
breaking. and Other Forms of Trespass
Ø ³Against the will´: This means that QUALIFIED
the entrance is, either expressly or TRESPASS TO
impliedly, prohibited or the DWELLING (ART.
prohibition is presumed. Fraudulent 280)
entrance may constitute trespass. OTHER FORMS OF
The prohibition to enter may be made TRESPASS (ART.
at any time and not necessarily at the 281)
time of the entrance. Offender is a
Ø To prove that an entry is against the private person
will of the occupant, it is not The offender is
necessary that the entry should be any person
preceded by an express prohibition, Offender enters a
provided that the opposition of the dwelling
occupant is clearly established by the Offender enters
circumstances under which the entry closed premises
is made, such as the existence of or fenced estate
enmity or strained relations between Place entered is
the accused and the occupant. inhabited
Ø Offender is public officer: Crime is Place entered is
violation of domicile uninhabited
Ø No overt act of the crime intended to Act constituting
be committed: Crime is trespass to the crime is
dwelling. entering the
Ø Examples of trespass by means of dwelling against
violence: the will of the
1. Pushing the door violently and owner
maltreating the occupants after It is the entering
entering. the closed
2. Cutting of a ribbon or string with premises or the
fenced estate Article 284. Bond for Good Behavior
without securing Elements of Grave Threat Not
the permission of Subject to a Condition
the owner or 1. That the offender threatens
caretaker thereof another person with the
Prohibition to infliction upon the latter¶s
enter is express person, honor or property,
or implied or upon that of the latter¶s
Prohibition to family, of any wrong.
enter must be 2. That such wrong amounts
manifest to a crime.
ARTICLE 281. OTHER FORMS OF 3. That the threat is not
TRESPASS subject to a condition.
Elements ARTICLE 283. LIGHT THREATS
1. Offender enters the closed
Elements
premises or the fenced estate of
another;
1. Offender makes a threat to
2. The entrance is made while either commit a wrong;
of them is uninhabited; 2. The wrong does not constitute
3. The prohibition to enter is a crime;
manifest; 3. There is a demand for money
4. The trespasser has not secured the or that other condition is
permission of the owner or the imposed, even though not
caretaker thereof. unlawful;
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 h
4. Offender has attained his
IX. CRIMES AGAINST PERSONAL purpose or, that he has not
LIBERTY AND SECURITY CRIMINAL attained his purpose.
LAW II ARTICLE 282. GRAVE THREATS
7. Article 282. Grave Threats Acts punished:
IMPORTANT POINTS TO REMEMBER 1. Threatening another with the
ABOUT THIS ARTICLE: infliction upon his person,
Ø Qualifying Circumstance: If threat was honor or property or that of
made in writing or through a this family of any wrong
middleman. amounting to a crime and
Ø It is essential that there be demanding money or imposing
intimidation. any other condition, even
Ø It is not necessary that the offended though not unlawful, and the
party was present at the time the offender attained his purpose;
threats were made. It is sufficient 2. Making such threat without the
that the threats came to his offender attaining his purpose;
knowledge. 3. Threatening another with the
Ø When consummated: As soon as the infliction upon his person,
threats came to the knowledge of the honor or property or that of his
offended party. family of any wrong amounting
8. Light Threats to a crime, the threat not being
IMPORTANT POINTS TO REMEMBER subject to a condition.
ABOUT THIS ARTICLE: Elements of Grave Threats Where
Ø The harm threatened must not be in the Offender Attained His
the nature of crime and there is a Purpose:
demand for money or any other 1. That the offender threatens
condition is imposed, even though another person with the
lawful. infliction upon the latter¶s
Ø Blackmailing may be punished under person, honor or property,
this article. or upon that of the latter¶s
family, of any wrong. Ø In case of grave coercion where the
2. That such wrong amounts offended party is being compelled to
to a crime. do something against his will,
3. That there is a demand for whether it be wrong or not, the crime
money or that any other of grave coercion is committed if
condition is imposed, even violence or intimidation is employed
though not unlawful. in order to compel him to do the act.
4. That the offender attains Ø A public officer who shall prevent by
his purpose. means of violence or threats the
WHEN A PERSON IS REQUIRED TO ceremonies or manifestations of any
GIVE BAIL BOND religion is guilty of interruption of
1. When he threatens another religious worship (Art. 132).
under the circumstances Ø Any person who, by force, prevents
mentioned in Art. 282. the meeting of a legislative body is
2. When he threatens another liable under Art. 143.
under the circumstances Ø Any person who shall use force or
mentioned in Art. 283. intimidation to prevent any member
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  h of Congress from attending the
IX. CRIMES AGAINST PERSONAL meetings thereof, expressing his
LIBERTY AND SECURITY CRIMINAL ARTICLE 286. GRAVE COERCIONS
LAW II Acts punished
9. Other Light Threats 1. Preventing another, by means
IMPORTANT POINTS TO REMEMBER of violence, threats or
ABOUT THIS ARTICLE: intimidation, from doing
Ø Under the first type, the subsequent something not prohibited by
acts of the offender must show that law;
he did not persist in the idea involved 2. Compelling another, by means
in the threat. of violence, threats or
Ø Threats which are ordinarily grave intimidation, to do something
threats, if made in the heat of anger, against his will, whether it be
may be other light threats. right or wrong.
Ø If the threats are directed to a person ARTICLE 285. OTHER LIGHT
who is absent and uttered in a THREATS
temporary fit of anger, the offense is Acts punished
only other light threats. 1. Threatening another with a
10. Grave Coercions weapon, or by drawing such
IMPORTANT POINTS TO REMEMBER weapon in a quarrel, unless it
ABOUT THIS ARTICLE: be in lawful self-defense;
Ø Purpose Of The Law: To enforce the 2. Orally threatening another, in
principle that no person may take the the heat of anger, with some
law into his hands, and that our harm constituting a crime,
government is one of law, not of men. without persisting in the idea
Ø Arises only if the act which the involved in his threat;
offender prevented another to do is 3. Orally threatening to do
not prohibited by law or ordinance. another any harm not
Ø If a person prohibits another to do an constituting a felony.
act because the act is a crime, even Elements
though some sort of violence or 1. A person prevented another
intimidation is employed, it would not from doing something not
give rise to grave coercion. prohibited by law, or that
š It may only give rise to threat or he compelled him to do
physical injuries, if some injuries something against his will;
are inflicted. be it right or wrong;
2. belonging to his debtor for the
2. The prevention or compulsion purpose of applying the same to the
be effected by violence, payment of the debt.
threats or intimidation; and Ø Unjust Vexation:
3. The person that restrained the š any act committed without
will and liberty of another had violence, but which unjustifiably
not the authority of law or the annoys or vexes an innocent
right to do so, or in other person amounts to light coercion.
words, that the restraint shall š should include any human conduct
not be made under authority of which, although not productive of
law or in the exercise of any some physical or material harm
lawful right. would, however, unjustifiably
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 h annoy or vex an innocent person.
IX. CRIMES AGAINST PERSONAL Ø Unjust Vexation is distinguished from
LIBERTY AND SECURITY CRIMINAL grave coercion by the absence of
LAW II violence.
opinions, or casting his vote is liable 12. Other Similar Coercions
under Art. 145. IMPORTANT POINTS TO REMEMBER
Ø The crime is not grave coercion when ABOUT THIS ARTICLE:
the violence is employed to seize ARTICLE 287. LIGHT COERCIONS
anything belonging to the debtor of Elements
the offender. It is light coercion under 1. Offender must be a creditor;
2. He seizes anything belonging to his
Art. 287.
debtor:
Ø The owner of a thing has no right to 3. The seizure of the thing be
prohibit the interference of another accomplished by means of violence
with the same, if the interference is or a display of material force
necessary to avert an imminent producing intimidation;
danger and the threatened damage, 4. The purpose of the offender is to
compared to the damage arising to apply the same to the payment of
the owner from the interference, is the debt.
much greater. (Art. 432, Civil Code) ART. 288. OTHER SIMILAR
1. Lee v. CA, 201 SCAR 405 COERCIONS
š Neither the crime of threats nor Acts punished:
coercion is committed although the 1. Forcing or compelling,
accused, a branch manager of a directly or indirectly, or knowingly
bank made the complainant sign a permitting the forcing or
withdrawal slip for the amount compelling of the laborer or
needed to pay the spurious dollar employee of the offender to
check she had encashed, and also purchase merchandise of
made her execute an affidavit commodities of any kind from
regarding the return of the amount him;
against her better sense and Elements:
judgment. a. Offender is any person, agent
š The complainant may have acted or officer of any association or
reluctantly and with hesitation, but corporation;
still, it was voluntary. b. He or such firm or corporation
11. Light Coercions has employed laborers or
IMPORTANT POINTS TO REMEMBER employees;
c. He forces or compels, directly
ABOUT THIS ARTICLE:
Ø Deals with light coercions wherein or indirectly, or knowingly
violence is employed by the offender permits to be forced or
compelled, any of his or its
who is a creditor in seizing anything
laborers or employees to
purchase merchandise or effort to curtail the exercise of the
commodities of any kind from rights of the laborers and employers,
him or from said firm or the act should be punished in
corporation. accordance with the other provisions
2. Paying the wages due his of the Code.
laborer or employee by means Ø Peaceful picketing is not prohibited.
of tokens or object other than Ø Threats made or violence employed by
the legal tender currency of picketers may make them liable for
the Philippines, unless coercion.
expressly requested by such C. Discovery and Revelation of Secrets
laborer or employee. 1. Discovering Secrets through Seizure of
Elements: Correspondence
b. Offender pays the wages due a IMPORTANT POINTS TO REMEMBER
laborer or employee employed ABOUT THIS ARTICLE:
by him by means of tokens or Ø This is a crime against the security of
object; one¶s papers and effects. The purpose
c. Those tokens or objects are must be to discover its effects. The
other than the legal tender act violates the privacy of
currency of the Philippines; communication.
c. Such employee or laborer does Ø According to Ortega, it is not
not expressly request that he necessary that the offender should
be paid by means of tokens or actually discover the contents of the
objects. letter. Reyes, citing People v. Singh,
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 h  h CA, 40 OG, Suppl. 5, 35, believes
IX. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY CRIMINAL
LAW II
Ø General rule: wages shall be paid in
legal tender and the use of tokens,
promissory notes, vouchers, coupons
or any other forms alleged to
represent legal tender is absolutely
prohibited even when expressly
requested by the employee. (Section
1, Rule VIII, Book III, Omnibus Rules
Implementing the Labor Code)
Ø No employer shall limit or otherwise
interfere with the freedom of any
employee to dispose of his wages. He
shall not in any manner force, compel,
oblige his employees to purchase
merchandise, commodities or other
property from the employer or from
any other person. (Art. 112, Labor
Code.)
13. Formation, Maintenance, and
Prohibition of Combination of Capital or
Labor through Violence or Threats
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø The act should not be a more serious
offense. If death or some serious
physical injuries are caused in an
otherwise.
Ø The last paragraph of Article 290
expressly makes the provision of the
first and second paragraph thereof
inapplicable to parents, guardians, or
persons entrusted with the custody of
minors placed under their care or
custody, and to the spouses with
respect to the papers or letters of
either of them. The teachers or other
persons entrusted with the care and
education of minors are included in
the exceptions.
Ø Distinction from estafa, damage to
property, and unjust vexation:
š If the act had been executed with
intent of gain, it would be estafa;
š If, on the other hand, the purpose
was not to defraud, but only to
cause damage to another¶s, it
would merit the qualification of
damage to property;
š If the intention was merely to
cause vexation preventing another
to do something which the law
does not prohibit or compel him to
execute what he does not want,
the act should be considered as
unjust vexation.
REPUBLIC ACT NO. 4200
AN ACT TO PROHIBIT AND PENALIZE
WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF
ARTICLE 289. FORMATION,
MAINTENANCE, AND PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS
Elements
1. Offender employs violence or
threats, in such a degree as to
compel or force the laborers or
employers in the free and legal
exercise of their industry or work;
2. The purpose is to organize,
maintain or prevent coalitions of
capital or labor, strike of laborers
or lockout of employers.
ARTICLE 290. DISCOVERING
SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS
1. Offender is a private individual
or even a public officer not in
the exercise of his official
function;
2. He seizes the papers or letters
of another;
3. The purpose is to discover the
secrets of such another person;
4. Offender is informed of the
contents of the papers or
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persons
5. To communicate the contents thereof,
verbally or in writing
6. To furnish transcriptions thereof,
whether complete or partial
EXCEPTION:
1) When a peace officer is authorized
by written order from the court.
2) Any recording, communication or
spoken word obtained in violation
of the provisions of this Act ±
INADMISSIBLE IN EVIDENCE IN
ANY JUDICIAL, QUASI-JUDICIAL
OR ADMINISTRATIVE HEARING OR
INVESTIGATION.
3. Revealing Secrets With Abuse Of
Office
IMPORTANT POINTS TO REMEMBER:
Ø An employee, manager, or servant
who came to know of the secret of his
master or principal in such capacity
and reveals the same shall also be
liable regardless of whether or not the
principal or master suffered damages.
Ø Essence of this crime is that the
offender learned of the secret in the
course of his employment. He is
enjoying a confidential relation with
the employer or master so he should
respect the privacy of matters
personal to the latter.
  


   h
IX. CRIMES AGAINST PERSONAL
LIBERTY AND SECURITY CRIMINAL
LAW II
COMMUNICATION, AND FOR OTHER
PURPOSES.
SECTION 1.Unlawful acts by any person
or participant, not authorized by all the
parties to any private communication or
spoken word.
1. To tap any wire or cable
2. To use any other device or
arrangement to secretly overhear,
intercept or record such
communication by using a device
known as dictaphone, dictagraph,
detectaphone, walkie-talkie
taperecorder.
3. To knowingly possess any tape/wire
or disc record, or copies of any
communication or spoken word
4. To replay the same for any person or
Ø If the matter pertains to the business
of the employer or master, damage is
necessary and the agent, employee or
servant shall always be liable.
Reason: no one has a right to the
personal privacy of another.
4. Revelation of Industrial Secrets
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
È Secrets must relate to manufacturing
processes.
È The act constituting the crime is
revealing the secret of the industry which
the offender has learned.
È The revelation of the secret might be
made after the employee or workman
or had ceased to be connected with the
establishment.
È Prejudice is an element of the offense.
ARTICLE 291. REVEALING SECRETS
WITH ABUSE OF OFFICE
Elements
1. Offender is a manager, 8. Robbery in an uninhabited place and
employee or servant; by a band (Art 300)
2. He learns the secrets of his 9. What is a inhabited house, public
principal or master in such building or building dedicated to
capacity; religious worship and their
3. He reveals such secrets. dependencies (Art 301)
ARTICLE 292. REVELATION OF 10. Robbery in an uninhabited place or in
INDUSTRIAL SECRETS a private building (Art 302)
11. Robbery of cereal, fruits, or firewood
Elements
in an uninhabited place or private
1. Offender is a person in charge,
building (Art 303)
employee or workman of a
12. Possession of picklocks or similar
manufacturing or industrial tools (Art 304)
establishment; 13. Who are liable of theft (Art 308)
2. The manufacturing or 14. Penalties (Art 309)
industrial establishment has a 15. Qualified theft (Art 310)
secret of the industry which 16. Theft the property of the National
the offender has learned; Library and National Museum (Art
3. Offender reveals such secrets; 311)
4. Prejudice is caused to the 17. Occupation of real property or
owner. usurpation of real rights in property
Elements (Art312)
1. Offender is a person in charge, 18. Altering boundaries or landmarks (Art
employee or workman of a 313)
manufacturing or industrial 19. False keys (Art 305)
establishment; 20. Who are brigands (Art 306)
2. The manufacturing or 21. Aiding and abetting a band of brigands
industrial establishment has a (Art 307)
22. Fraudulent insolvency (Art 314)
secret of the industry which
23. Swindling (ESTAFA) (Art 315)
the offender has learned;
24. Other forms of swindling (Art 316)
3. Offender reveals such secrets; 25. Swindling a minor (Art 317)
4. Prejudice is caused to the 26. Other deceits (Art 318)
owner. 27. Removal, sale pledge of mortgaged
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   h
X. CRIMES AGAINST
CRIMINAL LAW II
TITLE X. CRIMES AGAINST PROPERTY
1. Who are guilty of robbery (Art 293)
2. Robbery with violence against or
intimidation of persons (Art 294)
3. Robbery with physical injuries,
committed in an inhabited place and
by band, or with the use of firearm on
a street, road or alley (Art 295)
4. Definition of a band and penalty
incurred by the members thereof (Art
296)
5. Attempted and frustrated robbery
committed under certain
circumstances (Art 297).
6. Execution of deeds by means of
violence or intimidation (Art 298)
7. Robbery in an inhabited house or
public building or edifice devoted to
worship (Art 299)
property (Art 319)
PROPERTY 28. ARSON & OTHER CRIMES INVOLVING
DESTRUCTION (REPEALED BY PD1613
& RA7659)
29. Who are liable for malicious mischief
(Art 327)
30. Special cases of malicious mischief
(Art 328)
31. Other mischiefs (Art 329)
32. Damage and obstruction to means of
communication (Art 330)
33. Destroying or damaging statues,
public monuments or paintings (Art
331)
34. Persons exempt from criminal liability
(Art 332)
Robbery (293)
Ø The property taken must be personal,
if real property/right is usurped the
crime is usurpation (Art. 312).
Ø Prohibitive articles may be the subject
of robbery, e.g., opium If committed in
Ø ³Taking´: depriving the offended an inhabited
party of ownership of the thing taken house, public
with the character of permanency. building, or
Ø Intent to gain is presumed from the edifice devoted
unlawful taking. It cannot be to religious
established by direct evidence, except worship, the
in case of confession. penalty is based
VIOLENCE on: (a) the value
AGAINST OR 1. ARTICLE 293. WHO ARE GUILTY OF
INTIMIDATION OF ROBBERY
PERSON Elements of Robbery in General:
USE OF FORCE a. That there be (1) personal
UPON THINGS property; (2) belonging to another;
The taking is b. That there is (3) unlawful taking of
always robbery that property;
VALUE OF THE c. That the taking must be (4) with
PROPERTY TAKEN intent to gain; and
IS IMMATERIAL. d. That there is (5) violence against or
The penalty intimidation of any person, or force
depends on: (a) upon anything.
the result of the h

         
  


   h
violence used X. CRIMES AGAINST PROPERTY
(homicide, rape, CRIMINAL LAW II
intentional of the thing
mutilation, serious taken and (b)
physical injuries, whether or not
less serious or the offenders
slight physical carry arms;
injuries resulted) 1. WITH VIOLENCE AGAINST OR
and (b) the INTIMIDATION OF PERSONS
existence of Ø The crime defined in this article is a
intimidation only special complex crime.
The taking is Ø The violence must be against the
robbery only if person of the offended party, not
used force to: upon the thing taken. It must be
1enter the present before the taking of personal
building or property is complete.
2) to break Ø Exception: When the violence results
doors, in:
wardrobes, š (1) homicide,
chests, or any š (2) rape,
other kind of š (3) intentional mutilation, or
locked or sealed š (4) any of the serious physical
furniture or injuries penalized in paragraphs 1
receptacle inside & 2 of Art. 263,
the building or Ń the taking of personal property
to force them is robbery complexed with any
open outside of those crimes under Art. 294,
after taking the Ń even if the taking was already
same from the complete when the violence
building (Art. was used by the offender.
299 & 302)
Ø There is no crime as robbery with
murder.
Ø The crime is still robbery with
homicide if, in the course of the
robbery, a person was killed even if it
was another robber or a bystander.
Ø Even if the rape was committed in
another place, it is still robbery with
rape.
Ø When the taking of personal property
of a woman is an independent act
following defendant¶s failure to
consummate the rape, there are two
distinct crimes committed: attempted
rape and theft.
Ø Additional rapes committed on the
same occasion of robbery will not
increase the penalty.
Ø When rape and homicide co-exist in
the commission of robbery, the crime
is robbery with homicide, the rape to
be considered as an aggravating
circumstance only.
Ø Absence of intent to gain will make
the taking of personal property grave
coercion if there is violence used (Art.
286).
NAPOLIS V.CA (1972)
1. If both violence/intimidation of
persons (294) and force upon
things(299/302) exist it will be
speech or the power to hear or to
smell, or the loss of an eye, a hand, a
foot, an arm or a leg or the loss of the
use of any such member, or
incapacity for the work in which the
injured person is theretofore
habitually engaged is inflicted.
5. If the violence or intimidation
employed in the commission of the
robbery is carried to a degree clearly
unnecessary for the commission of
the crime.
6. When in the course of its
execution, the offender shall have
inflicted upon any person not
responsible for the commission of the
robbery any of the physical injuries in
consequence of which the person
injured becomes deformed or loses
any other member of his body or
loses the use thereof or becomes ill or
incapacitated for the performance of
the work in which he is habitually
engaged for labor for more than 30
days
7. If the violence employed by the
offender does not cause any of the
serious physical injuries defined in
Art. 263, or if the offender employs
intimidation only.
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considered as violation of Art 294
because it is more serious than in
Art 299/302.
2. BUT when robbery is under Art 294
par 4 & 5 the penalty is lower than
A. WITH VIOLENCE OR INTIMIDATION
OF PERSONS (294)
Acts punished under Art. 294:
1. When by reason or on occasion of
the robbery, the homicide is
committed.
2. When the robbery is accompanied
by rape or intentional mutilation or
arson.
3. When by reason or on occasion of
such robbery, any of the physical
injuries resulting in insanity,
imbecility, impotency, or blindness is
inflicted.
4. When by reason or on occasion of
robbery, any of the physical injuries
resulting in the loss of the use of
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
in Art 299 so the complex crime
should be imputed for the higher
penalty to be imposed without
sacrificing the principle that
robbery w/ violence against
persons is more severe than that
w/ force upon things
PEOPLEV. MILLIAN (2000)
1. When taking of victims gun ws to
prevent the victim from retaliating
crimes are theft and homicide not
robbery w/homicide
B. WITH PHYSICAL INJURIES, IN AN
UNINHABITED PLACE AND BY A BAND (295,
296)
Ø It cannot be offset by a generic
mitigating circumstance.
Ø The intimidation with the use of
firearm qualifies only robbery on a
street, road, highway, or alley.
Ø Conspiracy is presumed when
robbery is by band.
Ø There is no crime as ³robbery with
homicide in band´. Band is only
ordinary aggravating circumstance
in robbery w/ homicide
People V. Apduhan
1. In order that special aggravating
circumstance of unlicensed firearm be
appreciated it is condition sine qua
non that offense charged be robbery
by a band under Art 295.
2. Pursuant to Art 295, the
circumstance of a band is qualifying
only in robbery under par 3, 4 &5 of
Art 294. Thus Art. 295 does not apply
to robbery with homicide, or robbery
with rape, or robbery with serious
physical injuries under par. 1 of Art.
263.
3. So special aggravating
circumstance of unlicensed firearm is
inapplicable to robbery w/ homicide
robbery with rape, or robbery with
physical injuries, committed by a band
ATTEMPTED AND FRUSTRATED ROBBERY WITH
HOMICIDE (297)
Ø ³Homicide´ includes multiple
offender shall be punished
by the maximum periods of
the proper penalties in Art.
294.
Article 296. Definition of a Band
and Penalty Incurred by the
Members Thereof
Outline of Art. 296:
1. When at least 4 armed
malefactors take part in the
commission of a robbery, it is
deemed committed by a band.
2. When any of the arms used in
the commission of robbery is not
licensed, the penalty upon all the
malefactors shall be the maximum
of the corresponding penalty
provided by law, without prejudice
to the criminal liability for illegal
possession of such firearms.
3. Any member of a band who was
present at the commission of a
robbery by the band, shall be
punished as principal of any of the
assaults committed by the band,
unless it be shown that he
attempted to prevent the crime.
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homicides, murder, parricide, or even
infanticide.
Ø The penalty is the same, whether
robbery is attempted or frustrated.
Article 295. Robbery with Physical
Injuries, in an Uninhabited Place
and by a band
Robbery with violence against or
intimidation or persons is qualified
when it is committed:
1. In an uninhabited place, or
2. By a band, or
3. By attacking a moving train,
street car, motor vehicle, or
airship, or
4. By entering the passengers¶
compartments in a train, or
in any manner taking the
passengers thereof by
surprise in the respective
conveyances, or
5. On a street, road, highway,
or alley, and the
intimidation is made with
the use of firearms, the
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
Ø Robbery with homicide and attempted
or frustrated robbery with homicide
are special complex crimes, not
governed by Art. 48, but by the
special provisions of Arts. 294 & 297,
respectively.
Ø There is only one crime of attempted
robbery with homicide even if slight
physical injuries were inflicted on
other persons on the occasion or by
reason of the robbery.
C. EXECUTION OF DEEDS THROUGH V IOLENCE OR
INTIMIDATION (298)
Ø If the violence resulted in the death of
the person to be defrauded, crime is
robbery with homicide and shall be
penalized under Art 294 par. 1.
Ø Art. 298 applies to private or
commercial document.
Ø Art. 298 is not applicable if the
document is void.
Ø When the offended party is under
obligation to sign, execute or deliver
the document under the law, it is no
robbery but coercion
2. BY FORCE UPON THINGS
Ø Robbery by the use of force upon
things is committed only when either:
(1) Offender entered a house or building
by any of the means specified in Art. 299
or Art. 302, or
(2) Even if there was no entrance by any
of those means, he broke a wardrobe,
chest, or any other kind of locked or
closed or sealed furniture or receptacle in
the house or building, or he took it away
to be broken or forced open outside.
A. IN AN INHABITED PLACE OR EDIFICE FOR
WORSHIP (299, 301)
B. IN AN UNINHABITED PLACE AND BY A
BAND (300, 296)
C. IN AN INHABITED PLACE OR EDIFICE FOR
WORSHIP (299, 301)
Ø There must be evidence that accused
entered the dwelling house or building
by any of the means enumerated in
subdivision (a).
Ø In entering the building, there must
be the intent to take personal
property.
Ø ³Inhabited house´: any shelter, ship,
or vessel constituting the dwelling of
one or more persons even though the
inhabitants thereof are temporarily
absent therefrom when the robbery is
HOUSE OR PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP
Elements of robbery with force upon
things under SUBDIVISION (A):
1. That the offender entered (a) an
inhabited house, or (b) public building,
or (c) edifice devoted to religious
worship.
2. That the entrance was effected by
any of the following means:
a) Through an opening not
intended for entrance or egress;
b) By breaking any wall, roof, or
floor or breaking any door or
window;
c) By using false keys, picklocks or
similar tools; or
d) By using any fictitious name or
pretending the exercise of
public authority.
3. That once inside the building, the
offender took personal property
belonging to another with intent to
gain.
ARTICLE 298. EXECUTION OF DEEDS
THROUGH VIOLENCE OR INTIMIDATION
Elements:
1. That the offender has intent to
defraud another
2. That the offender compels him
to sign, execute, or deliver any
public instrument or document
3. That the compulsion is by means
of violence or intimidation.
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committed.
Ø ³Public building´: every building
owned by the Government or
belonging to a private person but
used or rented by the Government,
although temporarily unoccupied by
the same.
Ø Any of the four means described in
subdivision (a) must be resorted to
enter a house or building, not to get
out otherwise it is only theft.
Ø Illustration: If the culprit had entered
the house through an open door, and
the owner, not knowing that the
culprit was inside, closed and locked
the door from the outside and left,
and the culprit, after taking personal
property in the house, went out
through the window, it is only theft,
not robbery.
ARTICLE 299. ROBBERY IN AN INHABITED
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
Ø The whole body of the culprit must be
inside the building to constitute
entering.
Ø ³Breaking´: means entering the
building. The force used in this means
must be actual, as distinguished from
that in the other means which is only
constructive force.
Ø ³False keys´: genuine keys stolen
from the owner or any keys other
than those intended for use in the lock
forcibly opened by the offender.
i The genuine key must be
stolen, not taken by force or
with intimidation, from the
owner.
Ø If false key is used to open wardrobe
or locked receptacle or drawer or
inside door it is only theft
Ø Entrance into the building by any of
the means mentioned in subdivision
(a) is not required in robbery under
subdivision (b)
Ø The term ³door´ in par. 1, subdivision
(b) of Art. 299, refers only to ³doors,
lids or opening sheets´ of furniture or
other portable receptacles²not to
inside doors of house or building.
Ø Breaking the keyhole of the door of a
wardrobe, which is locked, is breaking
a locked furniture.
Ø It is theft, if the locked or sealed
receptacle is not forced open in the
building where it is kept or taken from
to be broken outside.
Ø The penalty depends on the value of
property taken and on whether or not
offender carries arm.
Ø Arm carried must not be used to
intimidate.
Ø Even those without are liable to the
same penalty.
Ø The provision punishes more severely
the robbery in a house used as a
dwelling than that committed in an
uninhabited place, because of the
possibility place, because of the
possibility that the inhabitants in the
former might suffer bodily harm
during the commission of the robbery.
ARTICLE 301. WHAT IS AN UNINHABITED
HOUSE, PUBLIC BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR DEPENDENCIES
Ø The place is still inhabited even if the
is qualified when committed by a band
and located in an uninhabited place.
To qualify Robbery
w/ force upon
things (Art 299)
To qualify Robbery
with violence
against or
intimidation
Elements of robbery with force upon
things under SUBDIVISION (B) of Art.
299:
1. That the offender is inside a
dwelling house, public building, or
edifice devoted to religious worship,
regardless of the circumstances
under which he entered it.
2. That the offender takes personal
property belonging to another, with
intent to gain, under any of the
following circumstances.
a) By the breaking of doors,
wardrobes, chests, or any
other kind of locked or sealed
furniture or receptacle; or
b) By taking such furniture or
objects away to be broken or
forced open outside the place
of the robbery.
Requisites:
1. Must be contiguous to the
building;
2. Must have an interior entrance
connected therewith;
3. Must form part of the whole.
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occupant was absent. X. CRIMES AGAINST PROPERTY
Ø ³Dependencies´: all interior courts, CRIMINAL LAW II
corrals, warehouses, granaries or It must be
inclosed places contiguous to the committed in
building or edifice, having an interior uninhabited place
entrance connected therewith, and AND by a band (Art
which form part of the whole (Art. 300)
301, par. 2). It must be
Orchards and lands used for cultivation committed in an
or production are not included in the uninhabited place
term ³dependencies´ (Art. 301, par. 3). OR by a band (Art.
A. IN AN UNINHABITED PLACE AND BY A 295)
BAND (300, 296) Art. 296. Definition of a band and penalty
ARTICLE 300. ROBBERY IN AN UNINHABITED incurred by the members thereof. ²
PLACE AND BY A BAND When more than three armed
Ø Robbery in an inhabited house, public malefactors take part in the commission
building or edifice to religious worship of a robbery, it shall be deemed to have
been committed by a band. When any of house belonging to
the arms used in the commission of the the owner, having
offense be an unlicensed firearm, the an interior
penalty to be imposed upon all the entrance
malefactors shall be the maximum of the connected
corresponding penalty provided by law, therewith, it is a
without prejudice of the criminal liability dependency of an
for illegal possession of such unlicensed inhabited house
firearms. and the robbery
Any member of a band who is present at committed
the commission of a robbery by the band, therein(US v
shall be punished as principal of any of Tapan).
the assaults committed by the band, 1. If the store was
unless it be shown that he attempted to not actually
prevent the same. occupied at the
Ø ³Building´: includes any kind of time of the robbery
structure used for storage or and was not used
safekeeping of personal property, as a dwelling,
such as (a) freight car ad (b) since the owner
warehouse. lived in a separate
Ø Entrance through an opening not house, the robbery
intended for entrance or egress is not committed therein
necessary, if there is breaking of (People v
wardrobe, chest, or sealed or closed Silvestre)
furniture or receptacle, or removal 3. CEREALS, FRUITS OR FIREWOOD IN AN
thereof to be broken open elsewhere. INHABITED PLACE OR PRIVATE BUILDING (303)
Ø Breaking padlock is use of force upon Ø The penalty is one degree lower
things. Ø The palay must be kept by the owner as
Ø Use of fictitious name or pretending ³seedling´ or taken for that purpose
the exercise of public authorities is by the robbers.
not covered under this article. Article 305 defines false keys to include
Ø The receptacle must be ³closed´ or the following:
³sealed´. 1. Tools mentioned in Article 304;
Ø Penalty is based only on value of IN AN INHABITED PLACE OR PRIVATE BUILDING
property taken. (302)
ROBBERY IN A STORE Elements:
1. That the offender entered an
Punishable under
uninhabited place or a building which
Art 299 was not a dwelling house, not a public
Punishable under building, or not an edifice devoted to
Art 302 religious worship.
1. If the store is 2. That any of the following
used as a dwelling circumstances was present:
of one or more a) The entrance was effected
persons, the through an opening not intended
robbery committed for entrance or egress;
b) A wall, roof, floor, or outside door
therein would be
or window was broken
considered as c) The entrance was effected
committed in an through the use of false keys,
inhabited house picklocks or other similar tools;
(People v Suarez) d) A door, wardrobe, chest, or any
2. If the store is sealed or closed furniture or
located on the receptacle was broken; or
ground floor of the e) A closed or sealed receptacle was
removed, even if the same be obtain ransom, or
broken open elsewhere. (3) for any other
3. That with intent to gain, the offender purpose to be
took therefrom personal property
attained by means of
belonging to another.
force and violence
ARTICLE 304. POSSESSION OF PICKLOCK
to commit only a
OR SIMILAR TOOLS
particular robbery it
Elements
is robbery in band.
1. Offender has in his possession
Mere formation of a
picklocks or similar tools;
band for any of the
2. Such picklock or similar tools
purposes mentioned
are especially adopted to the
in the law is
commission of robbery;
punished
3. Offender does not have lawful
>no need to show
cause for such possession.
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X. CRIMES AGAINST PROPERTY actually committed
robbery
CRIMINAL LAW II
Necessary to prove
2. Genuine keys stolen from the owner;
that robbery actually
3. Any key other than those intended by
committed as mere
the owner for use in the lock forcibly
conspiracy to
opened by the offender.
commit robbery is
B. Brigandage (306-307)
not punishable.
ARTICLE 306. WHO ARE BRIGANDS
Ø It is presumed that the person
Ø Presumption of law as to brigandage:
performing any of the acts provided in
all are presumed highway robbers or
this article has performed them
brigands, if any of them carries
knowingly, unless the contrary is
unlicensed firearm.
proven.
Ø The arms carried may be any deadly
Ø Any person who aids or protects
weapon.
highway robbers or abets the
Ø The main object of the law is to
commission of highway robbery or
prevent the formation of band of
brigandage shall be considered as an
robbers.
accomplice.
Ø The term ³highway´ includes city
PD 532 ANTI-PIRACY AND ANTIHIGHWAY
streets.
ROBBERY
Brigandage
Highway robbery/Brigandage: seizure of
Robbery in Band
any person for ransom, extortion or other
Both require that the offenders form a
unlawful purposes, or by taking away
band
property of another, by means of violence
of robbers.
against or intimidation of persons or
PURPOSE: Any of the
force upon things or other unlawful
ff: (1) to commit
means, committed by any person any
robbery in the
Philippine highway (PD 532; People v.
highway, or (2) to
Agomo-o 2000)
kidnap persons for
ARTICLE 306. WHO ARE
the purpose of
BRIGANDS
PURPOSE: To
Elements of Brigandage
commit robbery, not
1. There be at least 4 armed
necessarily in the
persons
highway.
2. They formed a band of robbers
If more than 3
3. The purpose is any of the
armed men agreed
following:
extortion or to
a) To commit robbery in the
highway; or committed
b) To kidnap persons for the Mere formation of
purpose of extortion or to band is punishable
obtain ransom; or 1 malefactor will
c) To attain by means of force suffice
and violence any other At least 4
purpose. malefactors
The following must be proved: No preconceived
1. That there is an organization of more than target
3 armed persons forming a band of robbers Pre-conceived
2. That the purpose of the band is any of
victim
those enumerated in Art. 306.
3. That they went upon the highway or
Proof of prior
roamed upon the country for that purpose. robberies
4. That the accused is a member of such required
band. Proof of prior
ARTICLE 307. AIDING AND ABETTING A robberies not
BAND OF BRIGANDS required
Elements: Theft (308, 309, 311) and Qualified Theft
1. That there is a band of (310)
brigands Ø Theft: committed by any person who,
2. That the offender knows the with intent to gain but without
band to be of brigands violence against or intimidation of
3. That the offender does any of persons nor force upon things, shall
the following acts: take personal property of another
a) He in any manner aids, without the latter¶s consent.
abets or protects such band Ø The theft was consummated & taking
of brigands; or complete when the culprits were able
b) He gives them information to place the thing taken under his
of the movements of the control and in such a situation as he
police or other peace could dispose of it at once.
officers of the Government; Valenzuela v. People (June 2007)
or There is no frustrated theft because of
c) He acquires or receives the the definition of theft in Art 308. The
property taken by such offender has either complete control of
brigands. the property (consummated) or without
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 h (attempted)
X. CRIMES AGAINST PROPERTY Ø There is ³taking´ even if the offender
CRIMINAL LAW II received the thing from the offended
Philippine Highway: any road, street, party.
passage, highway, bridges or other parts Ø If juridical possession of thing was
thereof, or railway or railroad within the transferred as opposed to physical
Philippines used by persons, or vehicles, possession and thing was
or locomotives r trains for the movement appropriated the crime is ESTAFA not
or circulation of persons or theft
transportation of goods, articles or Ø Selling share of a partner or co-owner
property or both is not theft.
È Number of perpetrators is no longer Ø Employee is not the owner of
an essential element of crime of separation pay which is not actually
brigandage as per PD 532 (People v. delivered to him.
Mendoza; Boado, Comprehensive Ø Actual or real gain is not necessary in
Reviewer in Criminal Law) theft.
PD 532 Brigandage in RPC ARTICLE 308. WHO ARE LIABLE FOR
THEFT
Crime must be
Persons liable for theft: not robbery as the taking of the
1. Those who, ring was just an afterthought.
(a) with intent to gain,
Violence used in killing Dr. Chua
(b)but without violence against or
intimidation of persons nor force upon had no bearing on the taking of the
things, ring.
(c) take, Ø One in possession of part of recently
(d) personal property, stolen property is presumed to be
(e) of another, thief of all.
(f) without the latter¶s consent.
2. Those who,
Ø ³Lost property´: embraces loss by
(a) having found lost property, stealing or by act of he owner or by a
(b) fail to deliver the same to the local person other than the owner, or
authorities or to its owner. through some casual occurrence.
3. Those who, Ø The law does not require knowledge of
(a) after having maliciously damaged
the owner of the property.
the property of another,
(b) remove or make use of the fruits ARTICLE 309. PENALTIES
or object of the damage caused by Ø The basis of the penalty in theft is
them. § (1) the value of the thing
4. Those who, stolen, or
(a) enter an inclosed estate or field § (2) the value and nature of the
where
(b) trespass is forbidden or which
property taken, or
belongs to another and, without the § (3) the circumstances that
consent of its owner, impelled the culprit to commit
(c) hunt or fish upon the same or the crime.
gather fruits, cereals, or other forest Ø If there is no evidence of the value of
or farm products. the property stolen, the court should
Elements of Theft:
impose the minimum penalty
1) That the there be taking of personal
property corresponding to theft involving the
2) That said property belongs to value of P5.00. The court may also
another take judicial notice of its value in the
3) That the taking be done with intent proper cases.
to gain. Ø The penalty for qualified theft is 2
4) That the taking be done without the degrees higher.
consent of the owner. Ø Theft by domestic servant is always
5) That the taking be accomplished
qualified. There¶s no need to prove
without the use of violence against or
grave abuse of discretion.
intimidation of persons or force upon
things. Ø The abuse of confidence must be
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h  h grave. There must be allegation in the
X. CRIMES AGAINST
CRIMINAL LAW II
Ø The consent contemplated in the
element of theft refers to consent
freely given and not mere lack of
opposition by owner of the property
taken.
Ø It is not robbery when violence is for
a reason entirely foreign to the fact of
taking.
People v. Gulinao
1. Gulinao shot Dr. Chua
& left. Then he went back & took
Dr. Chua¶s diamond ring.
2. The crime was Theft and
PROPERTY information and proof of a relation, by
reason of dependence, guardianship
or vigilance, between the accused and
the offended party, that has created a
high degree of confidence between
them, which the accused abused.
Ø Theft of any material, spare part,
product or article by employees and
laborers is heavily punished under PD
133.
Ø ³Motor vehicle´: all vehicles propelled
by power, other than muscular power.
Ø When the purpose of taking the car is
to destroy by burning it, the crime is
arson.
Ø If a private individual took a letter
containing postal money order it is
qualified theft. If it was the
postmaster, to whom the letter was
delivered, the crime would be
infidelity in the custody of documents.
RA 6539 ANTI-CARNAPPING
It is necessary to prove the following in order
to establish theft by failure to deliver or return
lost property:
1) The time of the seizure of the thing
2) That it was a lost property belonging to
another; and
3) That the accused having had the
opportunity to return or deliver the lost
property to its owner or to the local
authorities, refrained from doing so.
Elements of hunting, fishing or gathering
fruits, etc., in enclosed estate:
1) That there is an enclosed estate
or a field where trespass is
forbidden or which belongs to
another
2) That the offender enters the same
3) That the offender hunts or fishes
upon the same or gathers fruits,
cereals or other forest or farm
products in the estate or field;
and
4) That the hunting or fishing or
gathering of products is without
the consent of the owner.
ARTICLE 310. QUALIFIED THEFT
Theft is qualified if:
1) The theft is committed by a
domestic servant
2) The theft is committed with grave
abuse of confidence
3) The property stolen is (a) motor
vehicle,1 (b) mail matter, or (c)
large cattle
4) The property stolen consists of
coconuts taken from the premises
of a plantation
5) The property stolen is fish taken
from a fishpond or fishery
Ò
6.The property is taken on the
occasion of fire, earthquake,
typhoon, volcanic eruption, or any
other calamity, vehicular accident
or civil disturbance.
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People, 1981)
Motor Vehicle: any vehicle which
ismotoried using the streets which
arepublic,not exclusivelyfor private use
(Boado, Comprehensive Reviewer in
Criminal Law)
PD 533 ANTI-CATTLE RUSTLING LAW
Cattle rustling: taking away by
means,methors or schemes, without the
consent of theowner/raiser, of any large
cattle whether or not for profit, or
whether committed with or without
violence against or intimidation of person
or force upon things. It includes killing of
large cattle, taking itsmeat or hide
without the consent of owner/raiser.
Large cattle: include cow, carabao, horse,
mule, ass, other domesticated member of
bovine family. A goat is not included
because it is not large (Boado,
Comprehensive Reviewer in Criminal
Law)
Presumption: Every person in possession
of large cattle shall upon demand by
competent authorities exhibit required
documents. Failure to do so is prima facie
evidence that large cattle in possession
are fruits of crime of cattle rustling
È Killing of owner is absorbed in cattle
rustling (Boado, Comprehensive
Reviewer in Criminal Law)
PD 704 ILLEGAL FISHING
Prima facie presumption of illegal fishing
when:
1) Explosive, obnoxious or poisonous
substance or equipment or device
for electric fishing are found in the
fishing boat or in the possession of
fisherman; or
2) When fish caught with the use of
explosives, obnoxious or poisonous
substances or by electricity are
found in a fishing boat
PD 1612: ANTI-FENCING LAW
Fencing: the act of any person who, with
  


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X. CRIMES AGAINST
CRIMINAL LAW II
Carnapping: taking, with intent to gain,
of motor vehicle belonging to another
without the latter¶s consent or by means
of violence against or intimidation of
persons, or by force upon things (Izon v.
intent to gain for himself or for another,
PROPERTY shall buy, receive, keep, acquire, conceal,
sell, or dispose of, or shall buy an d 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.
Ø Mere possession of any good, article, open defiance of the writ of execution
item, object, or anything of value issued in the forcible entry case.
which has been the subject of robbery Ø Criminal action for usurpation of real
or thievery shall be prima facie property is not a bar to civil action for
evidence of fencing. forcible entry.
Ø Robbery/theft and fencing are separate Usurpation Theft/Robbery
and distinct offenses. In both crimes, there is intent to gain
ARTICLE 311. THEFT OF THE PROPERTY Mode: By
OF THE NATIONAL LIBRARY AND occupation
NATIONAL MUSEUM Mode: By taking or
Ø Theft of property of the National asportation
Museum and National Library has a Real property or
fixed penalty regardless of its value. right
But if it was with grave abuse of Personal property
confidence, the penalty for qualified is taken
theft shall be imposed. Ø RA 947 punishes entering or
Usurpation (312, 313) occupying public agricultural land
Elements: including lands granted to private
1. The crime of robbery or theft has individuals.
been committed. Ø Art. 313 does not require intent to gain.
2. The accused, who is not a Ø The word ³alter´ may include:
principal or accomplice in the a. destruction of stone monument
commission of the crime of b. taking it to another place
robbery or theft, buys, receives, c. removing a fence
possesses, keeps, acquires, Culpable Insolvency (314)
conceals, sells or disposes, or Ø Actual prejudice, not intention alone,
buys and sells, or in any manner is required. Even if the debtor
deals in any article, item, object, disposes of his property, unless it is
or anything of value, which has shown that itl has actually prejudiced
been derived from the proceeds his creditor, conviction will not lie.
of the said crime. Fraudulent concealment of property is
3. The accused knows or should not sufficient if the debtor has some
have known that the said article, property with which to satisfy his
item, object or anything of value obligation.
has been derived from the Ø ³Abscond´: does not require that the
proceeds of the crime of robbery debtor should depart and physically
or theft. conceal his property. Real property
4. There is, on the part of the could be the subject matter of Art.
accused, intent to gain for 314.
himself or another. Ø The person prejudiced must be
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  h creditor of the offender.
X. CRIMES AGAINST PROPERTY Art 314 Insolvency law
CRIMINAL LAW II No need to have
Ø If no violence or intimidation only civil defendant
liability exists. adjudged bankrupt
Ø Art. 312 does not apply when the or insolvent
violence or intimidation took place Crime should be
subsequent to the entry into the committed after
property. Violence or intimidation the institution of
must be the means used in occupying insolvency
real property or in usurping real proceedings
rights. ARTICLE 312. OCCUPATION OF REAL
Ø Art. 312 does not apply to a case of PROPERTY OR USURPATION OF
REAL RIGHTS IN PROPERTY extraneous substance in an article of
Acts punishable under Art. 312: food so as to lower its quantity, it may
1. Taking possession of any real be a violation of the Pure Food Law.
property belonging to another by Ø It¶s not estafa if the thing delivered is
means of violence against or not acceptable to the complainant
intimidation of persons when there is no agreement as to its
2. Usurping any real rights in quality.
property belonging to another by Ø Estafa may arise even if thing
means of violence against or delivered, is not subject of lawful
intimidation of persons. commerce, such as opium.
Elements: Ø The 4th element is not necessary
a) That the offender takes when there is evidence of
possession of any real property misappropriation of goods by the
or usurps any real rights in defendant.
property SIMPLIFYING the Ways of Committing
b) That the real property or real ESTAFA
rights belong to another W/ ABUSE OF CONFIDENCE BY MEANS OF DECEIT
1. With unfaithfulness or
c) That violence against or abuse of confidence
intimidation of persons is used by 315 par(1)(A-C)
the offender in occupying real 2. By means of false pretenses or
property or usurping real rights fraudulent acts;
315 par(2)(A-E), BP22
in property.
3. Through fraudulent means
d) That there is intent to gain. 315 par(3)(A-C)
ARTICLE 313. ALTERING BOUNDARIES OR a) Altering substance,
LANDMARKS quantity or quality of
Elements: object subject of obligation
1. That there be boundary marks or to deliver (315 par 1(a))
monuments of towns, provinces, or b) Misappropriation and
Conversion (315 par.1(b))
estates, or any other marks intended to
c) Taking advantage of
designate the boundaries of the same. signature in blank (315
2. That the offender alters said boundary par.1(c))
marks. a) Using fictitious name or false
ART 314. FRAUDULENT INSOLVENCY pretenses at power, influence« or
Elements: other similar deceits (315, par
1. That the offender is a debtor; that is, he 2(a))
has obligations due and payable b) By altering the quality, fineness
or weight of anything pertaining
2. That he absconds with his property
to art or business (315 par 2(b))
3. That there be prejudice to his creditors c) By pretending to have bribed any
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  h government employee (315 par.
X. CRIMES AGAINST
CRIMINAL LAW II
Swindling and other deceits
WITH UNFAITHFULNESS OR ABUSE OF
CONFIDENCE (315 PAR. 1(A) (B) (C))
Ø Deceit is not an essential element of
estafa with abuse of confidence.
Ø Damage or prejudice must be capable
of estimation, because it is the basis
of the penalty
Ø Delivery of anything of value must be
³by virtue of an onerous obligation to
do so´.
Ø When the fraud committed consists in
the adulteration or mixing of some
PROPERTY 2(c))
d) By postdating a check or issuing a
bouncing check (315 par 2(d))
e) BP 22
f) By obtaining food, refreshment or
accommodation w/ intent to
defraud through nonpayment
(315 par 2(e))
a) By inducing another, through
deceit, to sign any document
(315 par 3(a))
b) By resorting to some fraudulent
practice to ensure success in a
gambling game (315 par.3(b))
c) c) By removing, concealing or
destroying any court record,
office files, document or any
other papers (315 par.3(c))
MISAPPROPRIATION AND CONVERSION (315
PAR.1(B))
Elements:
1. That money, goods, or other personal
property be received by the offender
in trust, or in commission, or for
administration, or under any other
obligation involving the duty to make
delivery of, or to return, the same;
2. That there be misappropriation or
conversion of such money or
property by the offender, or denial on
his part of such receipt;
3. That such misappropriation or
conversion or denial is to the
prejudice of another; and
m
That there is a demand made by the
offended party to the offender
ESTAFA (315)
Elements of Estafa in General:
1. That the accused defrauded another
(a) by abuse of confidence; or (b)
by means of deceit; and
2. That damage or prejudice capable
of pecuniary estimation is caused to
the offended party or third person.
ALTERING SUBSTANCE, QUANTITY OR QUALITY OF
OBJECT SUBJECT OF OBLIGATION TO DELIVER (315
PAR 1(A))
Elements:
1. That the offender has an onerous
obligation to deliver something of
value.
2. That he alters its substance,
quantity, or quality
3. That damage or prejudice is caused
to another
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Ø When the delivery of a chattel does
not transfer juridical possession/title,
it is presumed that the
possession/title of the thing remain
w/ owner.
Ø Failure to turn over to the bank the
proceeds of sale of goods covered by
trust receipts is estafa.
Ø The phrase ³or under any obligation
involving the duty to make delivery of,
or to return the same´, includes
quasi-contracts and certain contracts
of bailment.
Ø The obligation to return the thing
must be contractual but without
transferring to accused ownership of
the thing.
Ø When ownership is transferred to
recipient, his failure to return it
results in civil liability only.
Applicable Civil Code provisions:
Art. 1477. The ownership of the thing
sold shall be transferred to the vendee
upon actual or constructive delivery
thereof.
Art. 1482. Whenever earnest money is
given in a contract of sale, it shall be
considered as part of the price and as
proof of the perfection of the contract.
Ø In estafa with abuse of confidence
under par. (b), subdivision 1 of Art.
315, the thing received must be
  


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  h returned if there is an obligation to
X. CRIMES AGAINST PROPERTY return it. If no obligation to return
there is only civil liability.
CRIMINAL LAW II
Ø NO ESTAFA WHEN:
Ø Check is included in the word
a) Transaction sale fails, there is no
³money´.
estafa if the accused refused to
Ø Money, goods or other personal
return the advance payment.
property must be received by the
b) The money or personal property
offender under certain kinds of
received by accused is not to be
transaction transferring juridical
used for a particular purpose or to
possession to him.
be returned.
Ø When the thing received by the
c) Thing received under a contract of
offender from the offended party (1)
sale on credit
in trust, or (2) on commission, or (3)
Ø Payment by students to the school for
for administration, the offender
the value of materials broken is not
acquires both physical possession and
mere deposit.
juridical possession
Ø Novation of contract of agency to one
Ø uridical possession´: means a
of sale, or to one of loan, relieves
possession which gives the transferee
defendant from incipient criminal
a right over the thing which he may
liability under the first contract.
set up even against the owner.
Ø ³Conversion´: presupposed that the
thing has been devoted to a purpose
or use different from that agreed
upon.
Ø The fact that an agent sold the thing
received on commission for a lower
price than the one fixed, does not
constitute estafa (US v Torres).
Ø The law does not distinguish between
temporary and permanent
misappropriations.
Ø No estafa under Art. 315 par (b) when
there is neither misappropriation nor
conversion.
Right of agent to deduct commission
from amounts collected:
If agent is authorized to retain his
commission out of the amounts he
collected, there is no estafa. Otherwise
he is guilty of estafa, because his right to
commission does not make the agent a
co-owner of money collected.
Ø 3rd element of estafa w/ abuseof
confidence is that the conversion, or
denial by offender resulted in the
prejudice of the offended party.
Ø ³To the prejudice of another´: not
necessarily of the owner of the
property.
Ø Partners are not liable for estafa of
money or property received for the
3 Ways Of Committing Estafa With Abuse
Of Confidence Under Art. 315 Par. (B):
1. By misappropriating the thing
received.
2. By converting the thing received.
3. By denying that the thing was
received.
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exclusive property of the other.
Ø But when the money or property had
been received by a partner for specific
purpose and he misappropriated it,
there is estafa.
Ø Under the 4th element of estafa with
abuse of confidence demand may be
required.
§ In estafa by means of deceit,
demand is not needed, because the
offender obtains the thing wrongfully
from the start. In estafa with abuse of
confidence, the offender receives the
thing under a lawful transaction.
§ Demand is not required by law, but
it may be necessary, because failure
to account upon demand is
circumstantial evidence of
misappropriation.
§ Presumption arises only when the
explanation of the accused is
absolutely devoid of merit.
§ The mere failure to return the thing
received for safekeeping or under any
other obligation w/ the duty to return
the same or deliver the value thereof
to the owner could only give rise to a
civil action and does not constitute
the crime of estafa.
Ø There is no estafa through negligence.
Ø The gravity of the crime of estfa is
based on the amount not returned
before the institution of the criminal
action.
Ø Test to distinguish theft from estafa:
In theft, upon the delivery of the thing
  


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  h to the offender, the owner expects an
X. CRIMES AGAINST
CRIMINAL LAW II
partnership when the business
commenced and profits accrued.
Ø Failure of partner to account for
partnership funds may give rise to
civil obligation only, not estafa.
š Exception: when partner
misappropriates the share of another
partner in the profits, the act
constitutes estafa.
Ø A co-owner is not liable for estafa, but
he is liable if, after the termination of
the co-ownership, he misappropriates
the thing which has become the
PROPERTY immediate return of the thing to him.
(Albert)
Ø When the owner does not expect the
immediate return of the thing he
delivered to the accused, the
misappropriation of the same is
estafa.
š Exception: When the offender
received the thing from the offended
party, with the obligation to delver it
to a third person and, instead of
doing so, misappropriated it to the
prejudice of the owner, the crime
committed is qualified theft.
Ø Sale of thing received to be pledged
for owner is theft, when the intent to
appropriate existed at the time it was If acquired
received. juridical
Estafa with abuse possession of thing
of confidence misappropriated
Malversation If acquired
Offenders are entrusted with funds or physical
property possession only of
Both are continuing offenses thing
Funds or property misappropriated
are always private Offender receives
Usually public the thing from the
funds or property victim
Offender is a Offender takes the
private individual thing
or even a public TAKING ADVANTAGE OF SIGNATURE IN BLANK (315
officer who is not PAR.1(C))

accountable for Elements:

1. That the paper with the signature of the
public funds or
offended party be in blank.
property 2. That the offended party should have
Offender who is delivered it to the offender.
usually a public 3. That above the signature of the
officer is offended party a document is written
accountable for by the offender without authority to do
public funds or so.
property 4. That the document so written creates a
Ccmmitted by liability of, or causes damage to, the
offended party or any third person.
misappropriating,
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converting or
X. CRIMES AGAINST PROPERTY
denying having
received money, CRIMINAL LAW II
other personal ESTAFA BY MEANS OF FRAUDULENT ACTS
property (315 PAR. 2(A) (B) (C)(D) (E) ; BP22):
Committed by Ø The acts must be fraudulent. Acts
misappropriating, must be founded on, deceit, trick, or
or thru cheat.
abandonment or Ø In false pretenses the deceit consists
negligence, letting in the use of deceitful words, in
other person to fraudulent acts the deceit consists
take the public principally in deceitful acts.
funds or property Ø The fraudulent acts must be
Ø When in prosecution for malversation performed prior to or simultaneously
the public officer is acquitted, the with the commission of the fraud.
private individual in conspiracy w/ Ø The offender must be able to obtain
him may be held liable for estafa. something from the offended party
Ø Misappropriation of firearms received because of the fraudulent acts.
by a police: Ø For estafa under Art. 315 par. 2(a), it
i ESTAFA: if it is not involved in is indispensable that the false
the commission of a crime statement or fraudulent
i MALVERSATION: if it is involved representation of the accused,
in the commission of a crime. š be made prior to, or, at least
Estafa with abuse simultaneously with,
of confidence š the delivery of the thing by the
Theft complainant.
Ø It is essential that such false
statement or fraudulent
representation
š constitutes the cause or only
motive which induced the
complainant to part with the thing.
š If there be no such prior or
simultaneous false statement or
fraudulent representation,
š any subsequent act of the accused,
however fraudulent and suspicious
it may appear,
Ń cannot serve as a basis for
prosecution for the class of
estafa.
Ø A creditor who deceived his debtor is
liable for estafa.
Ø In estafa by means of deceit under
Art. 315 2(a), there must be evidence
that the pretense of the accused is
false. Without such proof, criminal
intent to deceive cannot be inferred.
3. That the offended party must have
relied on the false pretense,
fraudulent act, or fraudulent means,
that is, he was induced to part with
his money or property because of
the false pretense, fraudulent act,
or fraudulent means.
4. That as a result thereof, the
offended party suffered damage.
USING FICTITIOUS NAME OR FALSE PRETENSES
AT POWER, INFLUENCE« OR OTHER SIMILAR
DECEITS (315, PAR 2(A))
Ways of committing the offense:
1. By using fictitious name;
2. By falsely pretending to possess:
(a) power,
(b) influence,
(c) qualifications,
(d) property,
(e) credit,
(f) agency,
(g)business or imaginary
transactions;
3. By means of other similar deceits.
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Ø Fraud must be proved with clear and
positive evidence.
Ø Where commission salesman took
back the machines from prospective
customers and misappropriated them,
the it is theft, not estafa.
Ø Estafa through false pretense made in
writing is only a simple crime of
estafa, not a complex crime of estafa
through falsification.
Ø Manipulation of scale is punished
under the Revised Administrative
Code
BY ALTERING THE QUALITY, FINENESS OR WEIGHT
OF ANYTHING PERTAINING TO ART OR BUSINESS
(315 PAR 2(B))
BY PRETENDING TO HAVE BRIBED ANY
GOVERNMENT EMPLOYEE (315 PAR. 2(C))
Ø Person would ask money from
another for the alleged purpose of
bribing a government employee but
just pocketed the money.
THROUGH FALSE PRETENSES OR FRAUDULENT
ACTS (315 PAR 2(A) TO (E))
Elements of estafa by means of deceit:
1. That there must be a false pretense,
fraudulent act or fraudulent means.
2. That such false pretense, fraudulent
act or fraudulent means must be
made or executed prior to or
simultaneously with the commission
of the fraud.
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
Ø The check must be genuine, and not
falsified.
Ø The check must be postdated or for an
obligation contracted at the time of
the issuance and delivery of the check
and not for pre-existing obligation.
Ø Exception:
š When postdated checks are issued
and intended by the parties only as
promissory notes
š When the check is issued by a
guarantor
Ø The accused must be able to obtain
something from the offended party by
means of the check he issues and
delivers.
Ø The mere fact that the drawer had
insufficient or no funds in the bank to
cover the check at the time he
postdated or issued a check, is
sufficient to make him liable for
estafa.
Ø RA 4885 deleted the phrase ³the
offender knowing at the time he had
no funds in the bank´
š the failure of the drawer to
deposit the amount needed to
cover his check
š within 3 days from receipt of
notice of dishonor of check for
lack or insufficiency of funds
š shall be prima facie evidence of
deceit constituting false pretense
or fraudulent act.
Ø Good faith is a defense in a charge of
estafa by postdating or issuing a
check.
Ø One who got hold of a check issued by
another, knowing that the drawer had
no sufficient funds in the bank, and
used the same in the purchase of
goods, is guilty of estafa (People v.
Isleta).
Ø PD 818 applies only to estafa under
par 2(d) of Art. 315, and does not
apply to other forms of estafa.
(People v Villaraza, 81 SCRA 95).
Hence, the penalty prescribed in PD
818, not the penalty provided for in
Art. 315, should be imposed when the
estafa committed is covered by par
2(d) of Art. 315.
Ø Estafa by issuing a bad check is a
continuing crime.
ANTI-BOUNCING CHECKS LAW (BP22)
BP 22 may be violated in 2 ways:
2. That the check is made or drawn
and issued to apply on account or
for value.
3. That the person who makes or
draws and issues the check knows
at the time of issue that he does not
have sufficient funds in or credit
with the drawee bank for the
payment of such check in full upon
its presentment.
4. That the check is subsequently
dishonored by the drawee bank for
insufficiency of funds or credit, or
would have been dishonored for the
same reason had not the drawer,
without any valid reason, ordered
the bank to stop payment.
Elements of the offense defined in the
2nd paragraph of Sec. 2:
1. That a person has sufficient funds in
or credit with the drawee bank
when he makes or draws and issues
a check.
2. That he fails to keep sufficient funds
or to maintain a credit to cover the
full amount of the check if presented
within a period of 90 days from the
date appearing thereon.
3. That the check is dishonored by the
drawee bank.
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The gravamen of BP 22 is the issuance of
a check.
Rule of Preference in imposing penalties
in BP 22:
Administrative Circular No. 12-2000
This circular establishes a rule of
preference in the application of the penal
provision of BP 22. The determination of
whether the circumstances warrant the
imposition of fine alone rests solely upon
the judge. Should the judge decide that
BY POSTDATING A CHECK OR ISSUING A BOUNCING
CHECK (315 PAR 2(D))
Elements:
1. That the offender postdated a check,
or issued a check in payment of an
obligation;
2. That such postdating or issuing a
check was done when the offender had
no funds in the bank, or his funds
deposited therein were not sufficient
to cover the amount of the check.
Elements of the offense defined in the
1st paragraph of Sec. 1:
1. That a person makes or draws and
issued any check
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
imprisonment is the more appropriate
penalty, Administrative Circular No. 12-
2000 ought not to be deemed a
hindrance.
The maker¶s knowledge of the
insufficiency of funds is legally presumed
from the dishonor of his check.
Exceptions:
a) When the check is presented after
90 days from the date of the check.
b) When the maker or drawer pays
the holder thereof the amount due
thereon, or makes arrangements
for payments in full by the drawee
of such check within 5 banking
days after receiving notice that
such check has not been paid by
the drawee.
Prima facie evidence does not arise
where notice of non-payment is not sent
to the maker of check.
Sec. 3 requires the drawee:
1. Who refuses to pay the check to the
holder to cause to be written,
printed or stamped or attached
thereto, the reason for dishonor or
refusal to pay. Where there are no
sufficient funds the bank shall
explicitly state that fact in the
notice of dishonor or refusal.
2. If the drawee bank received an
order to stop payment from the
drawer, the former shall state in the
notice that there were no sufficient
funds in or credit with it for the
payment in full of the check, if such
be the fact.
Ø In all prosecutions under BP 22, the
introduction in evidence of any unpaid
and dishonored check with the
drawee¶s refusal to pay stamped or
written thereon, or attached thereto,
shall be prima facie evidence of:
a. The maiking or issuance of the
check;
b. The due presentment to the
drawee for payment and the
dishonor thereof; and
c. The fact that the same was
properly dishonored for the
reason written, stamped, or
attached by the drawee on such
dishonored check.
Ø The prosecution has to present in
evidence only the unpaid and
dishonored check with the drawee¶s
refusal to pay stamped or written
thereon, or attached thereto.
THROUGH OTHER FRAUDULENT MEANS (315 PAR
3(A) (B) (C))
Ø Offender must induce the offended
party to sign the document.
Ø If offended party is willing from the
start to sign the document, because
the contents are different from those
which the offended told the accused
BY OBTAINING ANY FOOD, REFRESHMENT OR
ACCOMMODATION WITH INTENT TO DEFRAUD
THROUGH NONPAYMENT (315 PAR 2(E))
3 ways of committing the offense:
1. By obtaining food, refreshment or
accommodation at a hotel, inn,
restaurant, boarding house, lodging
house or apartment house without
paying therefor, with intent to defraud
the proprietor or manager thereof;
2. By obtaining credit ay any of said
establishments by the use of any false
pretense; or
3. By abandoning or surreptitiously
removing any part of his baggage from
any of said establishments after
obtaining credit, food, refreshment or
accommodation therein, without
paying therefor.
BY INDUCING ANOTHER, THROUGH DECEIT, TO SIGN
ANY DOCUMENT (315 PAR 3(A))
Elements:
1. That the offender induced the offended
party to sign a document.
2. That deceit be employed to make him
sign the document.
3. That the offended party personally
signed the document.
4. That prejudice be caused.
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Ø Not be necessary to prove:
1) the making or issuance of the
check by the drawer;
2) the due presentment of the check
to the drawee for payment and the
dishonor thereof; 3) that the same
was properly dishonored for the
reason written, stamped or attached
by the drawee on the dishonored
check.
Ø Issuing a bum check may be punished
under the RPC or BP 22, or both.
BP 22 RPC
deceit and
damage are
immaterial
requires deceit
and damage
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
to state in the document, the crime is
falsification.
BY RESORTING TO SOME FRAUDULENT PRACTICE
TO ENSURE SUCCESS IN A GAMBLING GAME (315
PAR.3(B))
Ø If there is no malicious intent to
defraud, the destruction of court
record is malicious mischief.
Ø Elements of deceit and abuse of
confidence may co-exist.
Ø If there is neither deceit nor abuse of
confidence, it¶s not estafa, even if
there is damage. There is only civil
liability.
Ø Payment subsequent to the
commission of estafa does not
extinguish criminal liability or reduce
the penalty.
Ø The crime of estafa is not obliterated
by acceptance of promissory note.
Ø A private person who procures a loan
by means of deceit through a falsified
public document of mortgage, but
paid loan within the period agreed
upon, is not guilty of estafa but only
falsification of a public document.
Ø Accused cannot be convicted of estafa
with abuse of confidence if charged
w/ estafa by means of deceit.
OTHER FORMS OF SWINDLING AND
DECEITS (316-318)
ARTICLE 316. OTHER FORMS OF SWINDLING
Ø The thing disposed of must be real
property. If it¶s chattel, crime is
Estafa.
Ø There must be existing real property.
Ø Even if the deceit is practiced against
the second purchaser but damage is
incurred by the first purchaser, there
is violation of par.1 of Art. 316.
Ø Since the penalty is based on the
³value of the damage´ there must be
actual damage caused.
Ø ³Encumbrance´: includes every right
OR MORTGAGING ANY REAL PROPERTY,
PRETENDING TO BE THE OWNER OF THE SAME
Elements:
1. That the thing be immovable, such as
a parcel of land or a building.
2. That the offender who is not the
owner of said property should
represent that he is the owner
thereof.
3. That the offender should have
executed an act of ownership (selling,
encumbering or mortgaging the real
property).
4. That the act be made to prejudice of
the owner or a third person.
PARAGRAPH 2. BY DISPOSING OF REAL PROPERTY
AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH
ENCUMBRANCE BE NOT RECORDED
Elements:
1. That the thing disposed of be real
property.
2. That the offender knew that the real
property was encumbered, whether
the encumbrance is recorded or not.
3. That there must be express
representation by the offender that
the real property is free from
encumbrance.
4. That the act of disposing of the real
property be made to the damage of
another.
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or interest in the land which exists in
favor of third persons.
Ø The offended party would not have
granted the loan had he known that
the property was already
encumbered.
Ø When the loan had already been
granted when defendant offered the
BY REMOVING, CONCEALING OR DESTROYING ANY
COURT RECORD, OFFICE FILES, DOCUMENT OR ANY
OTHER PAPERS (315 PAR.3(C))
Elements:
1. That there be court record, office files,
documents or any other papers.
2. That the offender removed, concealed
or destroyed any of them.
3. That the offender had intent to defraud
another.
The element of damage or prejudice
capable of pecuniary estimation may
consist in:
1. The offended party being deprived of
his money or property, as result of
the defraudation;
2. Disturbance in property right; or
3. Temporary prejudice
PAR 1. BY CONVEYING, SELLING, ENCUMBERING,
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
property as security for the loan, Art.
316 par. 2 is not applicable.
Ø Usurious loan with equitable
mortgage is not an encumbrance on
the property.
Ø If 3rd element not established, there
is no crime.
Ø There must be damage caused. It is
not necessary that act prejudice the
owner of the land.
Ø The omitted phrase ³as free from
encumbrance´ in par 2 of Art. 316 is
the basis of the ruling that silence as
to such encumbrance does not involve
a crime.
Ø Offender must wrongfully take the
personal property from the lawful
possessor.
Ø If the owner took the personal
property from its lawful possessor
without the latter¶s knowledge and
later charged him with the value of
the property, the crime is theft (US v
Albao).
Ø If the thing is taken by means of
violence, without intent to gain, it is
not estafa, but grave coercion.
Ø If there is intent to charge the bailee
with its value, the crime is robbery
(US v Albao)
PARAGRAPH 4. BY EXECUTING ANY FICTITIOUS
CONTRACT TO THE PREJUDICE OF ANOTHER
Illustration:
A person who simulates a conveyance of
his property to another, to defraud his
creditors. If the conveyance is real and
not simulated, the crime is fraudulent
insolvency.
Ø There must be fraud otherwise it
willonly be solutio indebiti, with civil
obligation to return the wrong
Elements:
1. That the offender is a surety in
a bond given in a criminal or
civil action.
2. That he guaranteed the
fulfillment of such obligation
with his real property or
properties.
3. That he sells, mortgages, or, in
any other manner encumbers
said real property.
4. That such sale, mortgage, or
encumbrance is (a) without
express authority from the
court, or (b)made before the
cancellation of his bond, or (c)
before being relieved from the
obligation contracted by him.
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payment.
Ø If the money in payment of a debt
was delivered to a wrong person, Art.
316 par 5 is not applicable, in case the
person who received it later refused
or failed to return it to the owner of
the money. Art. 315 subdivision 1(b)
is applicable.
Ø There must be damage caused under
Art. 316.
PARAGRAPH 3. BY WRONGFULLY TAKING BY THE
OWNER OF HIS PERSONAL PROPERTY FROM ITS
LAWFUL POSSESSOR
Elements:
1. That the offender is the owner of
personal property.
2. That said property is in the lawful
possession of another.
3. That the offender wrongfully takes it
from its lawful possessor.
4. That prejudice is thereby caused to the
lawful possessor or third person.
PARAGRAPH 5. BY ACCEPTING ANY
COMPENSATION FOR SERVICES NOT RENDERED
OR FOR LABOR NOT PERFORMED
Elements:
1. Accepting a compensation given to
accused for service not rendered
2. Malicious failure to return the
compensation wrongfully received
(fraud)
PARAGRAPH 6. BY SELLING,
MORTGAGING OR ENCUMBERING REAL
PROPERTY OR PROPERTIES WITH WHICH
THE OFFENDER GUARANTEED THE
FULFILLMENT OF HIS OBLIGATION AS
SURETY
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
È Real property is not included since a
minor cannot convey real property
without judicial authority.
Ø Any other kind of conceivable deceit
may fall under this article. As in other
cases of estafa, damage to the
offended party is required.
Ø The deceits in this article include
false pretenses and fraudulent acts.
Chattel Mortgage (319)
Ø The object of the Chattel Mortgage Law
is to give the necessary sanction to the
statute, so that mortgage debtors may
be deterred from violating its provisions
and mortgage creditors may be
protected against loss of inconvenience
from wrongful removal or sale of
mortgaged property.
Ø Chattel mortgage must be valid and
subsisting. If chattel mortgage does
not contain an affidavit of good faith
and is not registered, it is void and
cannot be prosecuted under Art 319
Ø A person other than the mortgagor
who removed the property to another
province, knowing it to be mortgaged,
may be liable.
Ø The removal of the mortgaged
personal property must be coupled
with intent to defraud. No felonious
intent if transfer of personal property
is due to change of residence.
Ø If the mortgagee opted to file for
collection, not foreclosure,
abandoning the mortgage as basis for
ARTICLE 318. OTHER DECEITS
Other deceits are:
1. By defrauding or damaging
another by any other deceit not
mentioned in the preceding
articles.
2. By interpreting dreams, by
making forecasts, by telling
fortunes, or by taking advantage
of the credulity of the public in
any other manner, for profit or
gain.
ARTICLE 319. REMOVAL, SALE, OR
ARTICLE 317. SWINDLING OF A MINOR
Elements:
1. That the offender takes
advantage of the inexperience
or emotions or feelings of a
minor.
2. That he induces such minor (1)
to assume an obligation, or (2)
to give release, or (3) to execute
a transfer of any property right.
3. That the consideration is (1)
some loan of money, (2) credit,
or (3) other personal property.
4. That the transaction is to the
detriment of such minor.
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PLEDGE OF MORTGAGED PROPERTY X. CRIMES AGAINST PROPERTY
Acts punishable under Art. 319: CRIMINAL LAW II
1. By knowingly removing any relief, the removal of property to
personal property mortgaged under another province is not a violation of
the Chattel Mortgage Law to any Art 319 par1
province or city other than the one Ø The consent of the mortgagee must be
in which it was located at the time of (1) in writing, (2) on the back of the
execution of the mortgage, without mortgage, and (3) noted on the
the written consent of the record thereof in the office of the
mortgagee or his executors, register of deeds.
administrators or assigns. Ø Damage is not essential.
2. By selling or pledging personal Ø Chattel mortgage may give rise to
property already pledged, or any estafa by means of deceit.
part thereof, under the terms of the Art 319 Art 316 Estafa
Chattel Mortgage Law, without the In both there is selling of a mortgaged
consent of the mortgagee written on property.
the back of the mortgage and noted Personal property
on the record thereof in the office of Property involved
the register of deeds of the province is real
where such property is located. property(Art. 316
Elements of knowingly removing par 2)
mortgaged personal property: Committed by the
1. That personal property is mere failure to
mortgaged under the Chatter obtain consent of
Mortgage Law. the mortgagee in
2. That the offender knows that writing, even if
such property is so mortgaged. offender should
3. That he removes such mortgaged inform the
personal property to any province purchaser that the
or city other than the one in thing sold is
which it was located at the time mortgaged
of the execution of the mortgage. Committed by
4. That the removal is permanent. selling real
5. That there is no written consent property
of the mortgagee or his mortgaged as free,
executors, administrators or even though the
assigns to such removal. vendor may have
obtained the
consent of the
mortgagee in
writing.
Purpose: to
protect the
mortgagee
Purpose: to protect
the purchaser (1st
or 2nd)
Arson and other Crimes Involving
Destruction
Kinds of Arson:
1. Arson (PD 1613, Sec. 1)
2. Destructive arson (Art. 320, as
amended by RA 7659)
3. Other cases of arson (Sec. 3, PD 1613)
Attempted, Frustrated, and
Consummated Arson:
Attempted arson: A person, intending to
burn a wooden structure, collects some
rags, soaks them in gasoline and places
them beside the wooden wall of the
building. When he about to light a match
to set fire to the rags, he is discovered by
another who chases him away.
Frustrated arson: If that person is able to
light or set fire to the rags but the fire
was put out before any part of the
building was burned.
Consummated arson: If before the fire
was put out, it had burned a part of the
building.
Ø In attempted arson, it is not
period to Reclusion Perpetua shall be
imposed if the property burned is any of
the following:
1. Any ammunition factory and other
establishment where explosives,
inflammable or combustible materials
are stored.
2. Any archive, museum, whether public
or private, or any edifice devoted to
culture, education or social services.
3. Any church or place of worship or
other building where people usually
assemble.
4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance
for transportation of persons or
property.
5. Any building where evidence is kept
for use in any legislative, judicial, or
Elements of selling or pledging
personal property already pledged:
1. That personal property is already
pledged under the terms of the
Chattel Mortgage Law.
2. That the offender, who is the
mortgagor of such property, sells
or pledges the same of any part
thereof.
3. That there is no consent of the
mortgagee written on the back of
the mortgage and noted on the
record thereof in the office of the
register of deeds.
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necessary that there be a fire.
Ø If the property burned is an inhabited
house or dwelling, it is not required
hat the house be occupied by one or
more persons and the offender knew
it when the house was burned.
Ø No complex crime of arson with
homicide. If by reason of or on the
occasion of arson death results, the
penalty of reclusion perpetua to death
shall be imposed. Homicide is
absorbed.
Ø Any of 7 circumstances in Sec. 6 of PD
1613 is sufficient to establish fact of
arson if unexplained.
PD 1613, §1.
DESTRUCTIVE ARSON
SEC. 2. Destructive Arson²The penalty of
Reclusion Temporal in its maximum
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
administrative or other official
proceeding.
6. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping
center, public or private market,
theater or movie house or any similar
place or building.
7. Any building, whether used as a
dwelling or not, situated in a
populated or congested area.
SEC. 3. Other Cases of Arson²The
penalty of Reclusion Temporal to
Reclusion Perpetua shall be imposed if
the property burned is any of the
following:
1. Any building used as offices of the
government or any of its agencies
2. Any inhabited house or dwelling
3. Any industrial establishment,
shipyard, oil well or mine shaft,
platform or tunnel
4. Any plantation, farm, pasture land,
growing crop, grain field, orchard,
bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or
mill central
6. Any railway or bus station, airport,
wharf or warehouse
Malicious Mischief
1. WHO ARE RESPONSIBLE FOR (327)
Ø If no malice in causing damage, the
obligation to pay for the damages is
only civil (Art. 2176)
Ø Damage means not only loss but also
diminution of what is a man¶s own.
Thus, damage to another¶s house
includes defacing it. (People v Asido,
et. Al, 59 OG 3646)
2. SPECIAL CASES OF MALICIOUS
MISCHIEF (328)
3. OTHER MISCHIEFS (329)
Ø Other mischiefs not included in Art.
328 are punished based on value of
the damage caused.
Ø If the amount involved cannot be
estimated, the penalty of arresto
offender for other consequences of his
Special cases of malicious
mischief: (qualified malicious
mischief)
1. causing damage to obstruct the
performance of public functions
2. using any poisonous or
corrosive substance
3. spreading infection or
contagion among cattle
4. causing damage to property of
the National Museum or
National Library, or to any
archive ore registry,
waterworks, road, promenade,
or any other thing used in
common by the public.
Elements of malicious mischief:
1. That the offender deliberately
caused damage to the property
of another.
2. That such act does not
constitute arson or other crimes
involving destruction
3. That the act of damaging
another¶s property be
committed merely for the sake
of damaging it.
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menor of fine not exceeding P200 is
fixed by law.
Ø People v Dumlao, 38 OG 3715: When
several persons scattered coconut
remnants which contained human
excrement on the stairs and floor of
the municipal building, including its
interior, the crime committed is
malicious mischief under Art. 329.
Damage and obstruction to means and
communication (330)
Ø Committed by damaging any railway,
telegraph, or telephone lines.
Ø If the damage shall result in any
derailment of cars, collision, or other
accident, a higher penalty shall be
imposed. (Qualifying Circumstance)
Ø Telegraph/phone lines must pertain to
railways.
Q: When as a result of the damage
caused to railway, certain passengers of
the train are killed:
A:It depends. Art. 330 says ³without
prejudice to the criminal liability of the
X. CRIMES AGAINST PROPERTY
CRIMINAL LAW II
Crimes involved in the exemption:
1. theft
2. swindling (estafa)
3. malicious mischief
criminal act.´ If there is no intent to kill,
the crime is ³damages to means to
means of communication´ with homicide
because of the first paragraph of Art. 4
and Art. 48. If there is intent to kill, and
damaging the railways was the means to
accomplish the criminal purpose, the
crime is murder.
Destroying or damaging statues, public
monuments or paintings (331)
Ø The penalty is lower if the thing
destroyed is a public painting, rather
than a public monument.
Exemption from Criminal Liability in
Crimes Against Property (332)
Ø There is no criminal, but only civil
liability.
Ø Art. 332 does not apply to a stranger
who participates in the commission of i Direct proof of carnal
the crime. knowledge is not necessary.
Ø People v Alvarez, 52 Phil 65; People v Ø Each sexual intercourse constitutes a
Adame, et. al., CA., 40 OG Supp. 21, crime of adultery.
63: Stepfather and stepmother are Ø Even if the husband pardons the
included as ascendants by affinity. adulterous wife, such pardon would
Ø Guevara: An adopted or natural child not exempt the wife and her
should also be considered as included paramour from criminal liability for
in the term ³descendants´ and a adulterous acts committed after the
concubine or paramour within the pardon had been granted, because the
term ³spouses´. pardon refers to previous and not to
Ø Art. 144, CC; People v Constantino, subsequent adulterous acts. (Cuello
CA, 60 OG 3605: Art. 332 applies to Calon, Derecho Penal, and Viada, and
common-law spouses. Groizard)
Persons exempt from criminal liability: Ø What is the essence of the crime of
1. Spouses, ascendants and adultery?
descendants, or relatives by affinity i the danger of introducing
in the same line. spurious heirs into the family,
2. The widowed spouse with respect where the rights of the real
to the property which belonged to heirs may be impaired and a
the deceased spouse before the man may be charged with the
same passed into the possession of maintenance of a family not his
another. own.
3. brothers and sisters and brothersin- Ø Abandonment without justification is
law and sisters-in-law, if living not exempting, but only mitigating.
together. i Both defendants are entitled to
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XI. CRIMES AGAINST
CRIMINAL LAW II
TITLE XI: CRIMES AGAINST CHASTITY
1. Adultery (Art. 333);
2. Concubinage (Art. 334);
3. Acts of lasciviousness (Art. 336);
4. Qualified seduction (Art. 337);
5. Simple seduction (Art. 338);
6. Acts of lasciviousness with the consent
of the offended party (Art. 339);
7. Corruption of minors (Art. 340);
8. White slave trade (Art. 341);
9. Forcible abduction (Art. 342); and
10. Consented abduction (Art. 343)
A. Adultery
IMPORTANT POINTS REGARDING THIS
ARTICLE:
Ø Offended party must be legally
married to the offender at the time of
the criminal case.
Ø There is adultery even if the marriage
of the guilty woman with the offended
husband is subsequently declared
void.
Ø Carnal knowledge may be proved by
circumstantial evidence.
CHASTITY Ø A married man who is not liable for
adultery, because he did not know
that the woman was married, may be
held liable for concubinage. If the
woman knew that the man was
married, she may be held liable for
concubinage as well.
Ø A married man might not be guilty of
adultery because he did not know that
the woman was married. He will only
be held liable for concubinage if he
appeared to be guilty of any of the
acts defined in Art. 334.
Ø Acquittal of one of the defendants
does not operate as a cause of
acquittal of the other.
Effect of death of paramour:
Ø Offending wife may still be
prosecuted.
Ø The requirement that both
offenders should be included in the
complaint is absolute only when
the two offenders are alive.
Effect of death of offended party:
Ø The proceedings may continue.
Ø Pardon by the offended party to be
effective must be granted to both Ø The woman becomes liable only when
offenders before the institution of she knew him to be married prior to
criminal proceedings. the commission of the crime.
Acts of intercourse w/ the offending Ø Who is a mistress?
spouse subsequent to adulterous conduct i a woman taken by the accused
is an implied pardon. to live with him in the conjugal
Ø An express pardon is not dwelling, as his concubine
necessary. i µKeeping a mistress in the
Ø An express pardon operates as conjugal dwelling¶ ± no positive
such whether the sexual proof of actual intercourse
intercourse accompanies the same necessary
or not. Ø What is a conjugal dwelling?
Effect of consent: i the home of the husband and
1. People v. Sensano and Ramos wife even if the wife happens to
The husband, knowing that his wife, after be temporarily absent on any
serving sentence for adultery, resumed account
living with her co-defendant, did nothing i a house constructed from the
to interfere with their relations or to proceeds of the sale of the
assert his rights as husband. The second conjugal properties of the
charge of adultery should be dismissed spouses
because of consent. i That the wife never had a chance
1. ARTICLE 333. ADULTERY to reside therein or that the
Elements: husband used it with his
7) The woman is married; mistress instead, does not
8) She has sexual intercourse with a detract from its nature.
man not her husband; Concubinage by having sexual
9) As regards the man with whom she intercourse under scandalous
has sexual intercourse, he must circumstances
know her to be married. Ø only occurs when the mistress is
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XI. CRIMES AGAINST CHASTITY conjugal dwelling)
CRIMINAL LAW II Ø µScandal circumstance¶ - consists
Agreement to separate in any reprehensible word or deed
Ø may be used as evidence to show that offends public conscience,
consent by the husband to the redounds to the detriment of the
infidelity of his wife feelings of honest persons, and
Ø Under the law, there is no accomplice gives occasion to the neighbors¶
in adultery. spiritual damage or ruin. (this is
B. Concubinage essential only in concubinage of
IMPORTANT POINTS REGARDING THIS the 2nd type)
ARTICLE: Ø There is scandal when:
Acts punishable: 1) a married man and his mistress
1) Keeping a mistress in the conjugal live in the same room of a
dwelling; house
2) Having sexual intercourse, under 2) they appear together in public
scandalous circumstances; and perform scandalous acts
3) Cohabiting with her in any other Ø ³under scandalous circumstances´
place. i the act of sexual intercourse
Ø Concubinage is a violation of the w/c may be proved by
marital vow. circumstantial evidence.
Ø A married man is not liable for Ø When spies are employed, there is
concubinage for mere sexual relations no evidence of scandalous
with a woman not his wife. circumstances.
Ø People in the vicinity are the best Ø Lascivious intent is implied from the
witnesses to prove scandalous nature of the act and the surrounding
circumstances. circumstances.
Ø In the third way of committing the Acts of lasciviousness distinguished from
crime, mere cohabitation is grave coercion
sufficient. Acts of
i Proof of scandalous Lasciviousness
circumstances is not necessary. Grave Coercion
³cohabit´ Compulsion or
i to dwell together as husband force is included in
and wife for a period of time Compulsion or
2. ARTICLE 334. CONCUBINAGE force is the very act
Elements: the constructive
1) The man is married; element of force.
2) He is either: constituting the
i. keeping a mistress in the offense of grave
conjugal dwelling; or coercion.
ii. having sexual intercourse, Must be
under scandalous accompanied by
circumstances, with a woman acts of
who is not his wife; or lasciviousness or
iii. cohabiting with a woman who lewdness.
is not his wife in any other Moral compulsion
place. amounting to
3) As regards the woman, she knows intimidation is
that the man is married. sufficient.
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 h Abuses against chastity (Art. 245)
XI. CRIMES AGAINST CHASTITY distinguished from acts of lasciviousness
CRIMINAL LAW II (Art. 336)
(i.e. a week, a month, or a Offenses against
year, or longer) Chastity
Ø Adultery is more severely punished Abuses against
than concubinage. Chastity
i Reason: Offended husband Committed by a
may have another man¶s son private individual,
bearing his (husband¶s) name in most cases
and receiving support from Committed by a
him. public officer only
Acts of Lasciviousness Some act of
Ø Motive of lascivious acts is not lasciviousness
important because the essence of should have been
lewdness is in the very act itself. executed by the
Ø Example: If the kissing etc. was done offender.
inside church, absence of lewd Mere immoral or
designs may be proven, and the crime indecent proposal
is unjust vexation only. But if the made earnestly and
kissing was done in the house of a persistently is
woman when she was alone, the sufficient.
circumstances may prove the Acts of lasciviousness distinguished from
accused¶s lewd designs. attempted rape
Ø Absent any of the circumstances of Acts of
rape under the 3rd element, the crime Lasciviousness
is UNJUST VEXATION. Attempted Rape
Same means of committing the crime:
1) force, threat, or intimidation is
employed; or
2) by means of fraudulent
machination or grave abuse of
authority; or
3) the offended party is deprived of
reason or otherwise unconscious;
otherwise unconscious;
iii. By means of fraudulent
machination or grave
abuse of authority; or
iv. When the offended party
is under 12 yrs. of age or
is demented.
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or XI. CRIMES AGAINST CHASTITY
4) victim is under 12 yrs. of age or is CRIMINAL LAW II
demented RA 7610
Offended party is a person of either sex. SPECIAL PROTECTION OF CHILDREN
The performance of acts of lascivious AGAINST CHILD ABUSE, EXPLOITATION,
character AND DISCRIMINATION
Acts performed do 1. People v. Famularcano
not indicate that the The accused followed the victim, held
accused was to lie her, embraced her, tore her dress, and
w/ the offended tried to touch her breast.
party. When a complaint for acts of
Acts performed lasciviousness was filed against him,
clearly indicate accused claimed that he had no intention
that the accused¶s of having sexual intercourse with her and
purpose was to lie that he did the acts only as revenge.
w/ the offended Trial Court found the accused guilty of
woman. FRUSTRATED ACTS OF LASCIVIOUSNESS.
Lascivious acts are HELD: There is no frustrated crime
the final objective against chastity which includes acts of
sought by the lasciviousness, adultery, and rape. From
offender. the moment the offender performs all the
Lascivious acts elements necessary for the existence of
are only the the felony, he actually attains his
preparatory acts purpose. Motive of revenge is of no
to the commission consequence since the element of
of rape. lewdness is in the very act itself.
Ø Consider the act and the environment Ø NO attempted and frustrated acts of
to distinguish between Acts of lasciviousness.
Lasciviousness and Attempted Rape. RA 7877
Ø Desistance in the commission of ANTI-SEXUAL HARASSMENT ACT OF 1995
attempted rape may constitute acts of D. Qualified Seduction
lasciviousness. Two kinds of seduction:
3. ARTICLE 336. ACTS OF 1. Qualified seduction (Art. 337)
LASCIVIOUSNESS 2. Simple seduction (Art. 338)
Elements: Ø Seduction: enticing a woman to
1) Offender commits any act of unlawful sexual intercourse by
lasciviousness or lewdness; promise of marriage or other means
2) The act is committed against of persuasion without use of force. It
a person of either sex; applies when there is abuse of
3) It is done under any of the ff. authority (qualified seduction) or
circumstances: deceit (simple seduction).
i. By using force or Two classes of qualified seduction:
intimidation; or 1. Seduction of a virgin over 12 years and
ii. When the offended party under 18 years of age by certain
is deprived of reason or persons, such as a person in authority,
priest, teacher; and
2. Seduction of a sister by her brother, or
descendant by her ascendant,
regardless of her age or reputation.
Ø Virginity: a woman of chaste
character and of good reputation.
i The offended party need not be
physically a virgin.
Ø No sexual intercourse and only acts of
lewdness are performed, the crime is
acts of lasciviousness.
1) Offended party is a virgin, which
is presumed if she is unmarried
and of good reputation;
2) She must be over 12 and under
18 yrs. of age;
3) Offender has sexual intercourse
with her;
4) There is abuse of authority,
confidence, or relationship on
the part of the offender.
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Ø If any of the circumstances in the
crime of rape is present, the crime is
not to be punished under Art. 337.
Ø The accused charged with rape cannot
be convicted of qualified seduction
under the same information.
Ø Who are persons liable under this
article?
1. Those who abused their authority:
i. Person in public authority;
ii. Guardian;
iii. Teacher;
iv. Person who, in any capacity, is
entrusted with the education or
custody of the woman seduced.
2. Those who abused confidence
reposed in them:
i. Priest;
ii. House servant;
iii. Domestic
3. Those who abused their
relationship:
i. Brother who seduced his sister;
ii. Ascendant who seduced his
descendant.
Ø ³Domestic´: a person usually living
under the same roof, pertaining to the
same house.
Ø Not necessary that the offender be the
teacher of the offended party; it is
sufficient that he is a teacher in the
same school.
Ø Qualified seduction may also be
committed by a master to his servant,
or a head of the family to any of its
members.
Ø Qualified seduction of a sister or
descendant, also known as INCEST, is
punished by a penalty next higher in
4. ARTICLE 337. QUALIFIED
SEDUCTION
Elements:
XI. CRIMES AGAINST CHASTITY
CRIMINAL LAW II
degree. The age, reputation, or
virginity of the sister or descendant is
irrelevant. The relationship need not
be legitimate.
1. People v. Fontanilla
A 15-year old virgin, who was brought by
her mother to the house of the accused
and his wife to serve as a helper,
repeatedly yielded to the carnal desires
of the accused, as she was induced by his
promises of marriage and frightened by
his acts of intimidation.
HELD: DECEIT, although an essential
element of ordinary or simple seduction,
does not need to be proved or
established in a charge of qualified
seduction. It is replaced by ABUSE OF
CONFIDENCE.
F. Babanto v. Zosa
The accused, a policeman, brought a 13-
year old girl with low mentality, to the
ABC Hall where he succeeded in having
sexual intercourse with her. The
complaint did not allege that the girl was
a virgin. The accused was charged with
RAPE but convicted of QUALIFIED
SEDUCTION.
HELD: Though it is true that virginity is
presumed if the girl is over 12 but under
18, unmarried and of good reputation,
virginity is still an essential element of
the crime of qualified seduction and must
be alleged in the complaint. Accused is
guilty of RAPE, considering the victim¶s
age, mental abnormality and deficiency.
There was also intimidation with the
accused wearing his uniform.
G. Perez v. CA
Perez succeeded in having sexual
intercourse with Mendoza after he
promised to marry her. As he did not
make good on said promise, Mendoza
filed a complaint for Consented
Abduction. Trial Court found that the acts
constituted seduction, acquitting him on
the charge of Consented Abduction.
Mendoza then filed a complaint for
Qualified Seduction. Perez moved to
dismiss the case on the grounds of
double jeopardy.
HELD: There are similar elements
between consented abduction and
qualified seduction, namely:
1) the offended party is a virgin,
and
2) over 12 but under 18 yrs. of age
However, an acquittal for CONSENTED
ABDUCTION will not preclude the filing of
a charge for QUALIFIED SEDUCTION
because the element of the two crimes
are different.
Consented
Abduction
Qualified
Seduction
Means: Requires the
taking away
of the victim
w/ her
consent
Ø Virginity of offended party is not
required, good reputation is sufficient.
Ø Deceit generally takes the form of
unfulfilled promise of marriage.
Ø What about unfulfilled promise of
material things, as when the woman
agrees to sexual intercourse in
exchange for jewelry?
i This is not seduction because
she is a woman of loose
morals.
Ø Promise of marriage after sexual
intercourse does not constitute deceit.
Ø Promise of marriage by a married man
is not a deceit, if the woman knew
him to be married.
Ø Seduction is not a continuing offense.
F. Acts of Lasciviousness with the
Consent of the Offended Party
5. ARTICLE 338. SIMPLE SEDUCTION
Elements:
1) Offended party is over 12 and
under 18 yrs. of age;
2) She is of good reputation, single
or widow;
3) Offender has sexual intercourse
with her;
4) It is committed by means of
deceit.
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Requires XI. CRIMES AGAINST CHASTITY
abuse of CRIMINAL LAW II
authority, Ø It is necessary that it be committed
confidence under circumstances which would
or make it qualified or simple seduction
relationship had there been sexual intercourse,
Act: Offender instead of acts of lewdness only.
has sexual Ø When the victim is under 12 yrs., the
intercourse. penalty shall be one degree higher
Taking away than that imposed by law.
with lewd Art. 336 distinguished from Art. 339
designs Acts of
Wronged: The girl The girl¶s Lasciviousness
family (Art. 336)
Ø That the girl gave consent to the Acts of
sexual intercourse is not a defense. Lasciviousness
E. Simple Seduction (Art. 339)
Ø What is the purpose of the law? Committed under
i To punish the seducer who by circumstances w/c,
means of promise of marriage, had there been
destroys the chastity of an carnal knowledge,
unmarried female of previous would amount to
chaste character rape
Committed under be one degree higher.
circumstances w/c, Ø Offender need not be the owner of the
had there been house.
carnal knowledge, Ø Maintainer or manager of house of
would amount to illrepute
either qualified or need not be present therein at
simple seduction the time of raid or arrest.
Offended party is a Corruption of
female or male Minors
Offended party White Slave Trade
should only be Minority of victims
female essential
G. Corruption of Minors Minority is not
Act punishable: The promotion or required
facilitation of the prostitution or Victims may be
corruption of persons under age male or female
(minors), to satisfy the lust of another Applies only to
Ø Who can be liable? females
i Any person May not necessarily
i Punishable by prision mayor be for profit
i A public officer or employee, Generally for profit
including those in governmentowned Committed by a
or controlled corporations single act
i shall also be penalized by Generally
temporary absolute committed
disqualification (As amended by BP habitually
92). 6. ARTICLE 339. ACTS OF
Ø Habituality or abuse of authority or LASCIVIOUSNESS WITH THE
confidence is not necessary. CONSENT OF THE OFFENDED PARTY
Ø It is not necessary that the unchaste Elements:
acts shall have been done. 1) Offender commits acts of
Ø Mere proposal will consummate the lasciviousness or lewdness;
offense. 2) The acts are committed upon a
RA 7610 woman who is a virgin or single
SPECIAL PROTECTION OF CHILDREN or widow of good reputation,
AGAINST CHILD ABUSE, EXPLOITATION, under 18 yrs. of age but over 12
AND DISCRIMINATION ACT yrs., or a sister or descendant,
Ø There is a crime of ATTEMPTED CHILD regardless of her reputation or
PROSTITUTION. (Sec. 6, RA 7610) age
H. White Slave Trade 3) The offender accomplishes the
Acts penalized under Art. 341: acts by abuse of authority,
1. Engaging in business of prostitution confidence, relationship, or
2. Profiting by prostitution deceit.
3. Enlisting the services of women for the h

         
  


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purpose of prostitution.
Ø Habituality is not a necessary element
of white slave trade.
Ø µUnder any pretext¶ ± one who
engaged the services of a woman
allegedly as a maid, but in reality for
prostitution, is guilty under this
article.
Ø Victim is under 12 yrs., penalty shall
XI. CRIMES AGAINST CHASTITY
CRIMINAL LAW II
I. Forcible Abduction
Ø Abduction: the taking away of a
woman from her house or the place
where she may be for the purpose of
carrying her to another place with the
intent to marry or to corrupt her.
Two kinds of abduction:
1. Forcible abduction (Art. 342) Forcible abduction distinguished from
2. Consented abduction (Art. 343) corruption of minors
Crimes against chastity where age and Forcible Abduction Corruption of
reputation are immaterial: Minors
1. Acts of lasciviousness against the will Purpose is to effect
or without the consent of the offended his lewd designs on
party the victim.
2. Qualified seduction of sister or Purpose is to lend
descendant the victim to illicit
3. Forcible abduction intercourse with
Ø The taking away of the woman may be others.
accomplished by means of deceit first Forcible abduction distinguished from
and then by means of violence and kidnapping / serious illegal detention
intimidation. Forcible Abduction Serious Illegal
Ø If the female abducted is under 12, Detention
the crime is forcible abduction, even if There is
she voluntarily goes with her deprivation of
abductor. liberty and lewd
Ø Sexual intercourse is not necessary in designs.
forcible abduction. There is
Ø Lewd designs may be shown by the deprivation of
conduct of the accused. liberty and no lewd
Ø When there are several defendants, it designs.
is enough that one of them had lewd Commission of
designs. other crimes during
Ø Husband is not liable for abduction of confinement of
his wife, as lewd design is wanting. victim is immaterial
Ø Attempt to rape is absorbed in the to the charge of
crime of forcible abduction, thus there kidnapping w/
is no complex crime of forcible serious illegal
abduction with attempted rape. detention.
Ø What is the nature of the crime? Forcible Abduction with Rape
i The act of the offender is Ø a complex crime under Art. 48, and
violative of the individual not a special complex crime
liberty of the abducted, her 1. People v. Sunpongco
honor and reputation, and The victim was abducted by the accused
public order. and was brought to a hotel where the
Forcible abduction distinguished from latter succeeded in having sexual
grave coercion intercourse with her.
Forcible Abduction Grave Coercion HELD: The elements of both rape and
There is violence or intimidation by the forcible abduction are proven. The
offender. presence of lewd designs in forcible
The offended party is compelled to do abduction is manifested by the
something against her will. subsequent rape of the victim.
Abduction is 9. ARTICLE 342. FORCIBLE
characterized by ABDUCTION
lewd design. Elements:
No lewd design, 1) The person abducted is any
provided that there woman, regardless of her age,
is no deprivation of civil status or reputation;
liberty for an 2) The abduction is against her will;
appreciable length 3) The abduction is with lewd
of time. designs.
h

         
  


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XI. CRIMES AGAINST CHASTITY is to rape the victim.
CRIMINAL LAW II Ø Conviction of acts of lasciviousness is
2. People v. Jose not a bar to conviction of forcible
This is the Maggie Dela Riva story abduction.
wherein Maggie was abducted and J. Consented Abduction
brought to a hotel, where the 4 accused Ø What is the purpose of the law?
took turns in raping her. i To prescribe punishment for
HELD: While the first act of rape was the disgrace to her family and
being performed, the crime of forcible the alarm caused by the
abduction had already been disappearance of one who is,
consummated, hence, forcible abduction by her age and sex,
can only be attached to the first act of susceptible to cajolery and
rape, detached from the 3 subsequent deceit.
acts of rape. Ø If the virgin is under 12 or is deprived
3. People v. Alburo of reason, the crime is forcible
The accused and 2 other men raped the abduction because such is incapable
victim. The victim was a jeepney of giving a valid consent.
passenger who was prevented from Ø The taking away of the girl need not
leaving the jeepney. She was taken to a be with some character of
remote place where she was raped. permanence.
HELD: The accused is guilty of FORCIBLE Ø Offended party need not be taken
ABDUCTION WITH RAPE. It was proven from her house.
that the victim was taken against her will Ø When there was no solicitation or
and with lewd design, and was cajolery and no deceit and the girl
subsequently forced to submit to the voluntarily went with the man, there
accused¶s lust, rendering her unconscious is no crime committed even if they
in the process. had sexual intercourse.
Forcible abduction with rape K. Prosecution of private offenses
distinguished from kidnapping (with (adultery, concubinage, seduction,
rape) abduction, and acts of lasciviousness)
Forcible Abduction Ø Who may file the complaint?
with Rape i Adultery and concubinage must
Kidnapping (with be prosecuted upon complaint
rape) signed by the offended spouse.
The violent taking 1. Pilapil v. Ibay-Somera
of the woman is A foreigner, married to a Filipina, was
motivated by lewd able to obtain a decree of divorce in
designs. another country against the latter. After
Not so motivated the issuance of the decree of divorce, the
Crime against foreigner filed 2 complaints of adultery
chastity against the accused.
Crime against HELD: The person who initiates an
liberty ADULTERY / CONCUBINAGE case must be
Ø There can only be one complex crime an offended spouse, and by this is meant
of forcible abduction with rape. that he is still married to the accused
4. People v. Godines 10. ARTICLE 343. CONSENTED
The victim witnessed the killing of ABDUCTION
another by the 2 accused. Upon seeing Elements:
her, the accused dragged her to a vacant 1) Offended party is a virgin;
lot where they took turns in raping her. 2) She is over 12 and under 18 yrs.
TC convicted them of rape. of age;
HELD: FORCIBLE ABDUCTION is absorbed 3) Offender takes her away with her
consent, after solicitation or crime, the criminal prosecution may
cajolery from the offender; be instituted by the fiscal.
4) The taking away is with lewd Effect of Pardon:
designs. Ø Pardon of the offenders by the
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 h  h offended party is a bar to
XI. CRIMES AGAINST CHASTITY prosecution for adultery or
CRIMINAL LAW II concubinage.
spouse, at the time of the filing of the Ø Pardon must exist before the
complaint. institution of the criminal action.
i Seduction, abduction, or acts of Ø Both offenders must be pardoned
lasciviousness must be by the offended party.
prosecuted upon complaint Ø Delay in the filing of complaint, if
signed by-- satisfactorily explained, does not
2) offended party indicate pardon.
3) her parents Ø Condonation or forgiveness of one
4) grandparents, or act of adultery or concubinage is
5) guardians, in the order in not a bar to prosecution of similar
which they are named acts that may be committed by the
above. offender in the future.
Ø The court motu proprio can dismiss Consent:
the case for failure of the aggrieved Ø may be express or implied
party to file the proper complaint even Ø given before the adultery or
if the accused never raised the concubinage was committed
question on appeal. Ø Agreement to live separately may
Ø Crimes against chastity cannot be be evidence of consent.
prosecuted de oficio. Ø Affidavit showing consent may be
Adultery and Concubinage a basis for new trial.
Ø The offended party cannot institute Seduction, abduction, acts of
criminal prosecution without including lasciviousness
BOTH the guilty parties if they are Ø Must be prosecuted upon the
alive. complaint signed by:
Ø Consent and pardon bar the filing of a 1) offended party
criminal complaint. i. even if a minor
Ø The imputation of a crime of ii. of legal age and not
prostitution against a woman can incapacitated, only she can
prosecuted de oficio. file the complaint
Ø Both parties must be included in the iii. minor or incapacitated and
complaint even if one of them is not refuses to file, either of the
guilty. following persons may file
Ø Prosecution of rape may be made 2) either of the parents
upon complaint by any person. 3) either of the grandparents,
Ø When the offended party is a minor, paternal or maternal side
her parents may file the complaint. 4) legal or judicial guardians
Ø When the offended party is of age and 5) the State as parens patriae
is in complete possession of her when the offended party dies
mental and physical faculties, she or becomes incapacitated
alone can file the complaint. before she could file the
Ø The term ³guardian´ refers to legal complaint and has no known
guardian. parents, grandparents, or
Ø The complaint must be filed in court, guardians
not with the fiscal. Effect of Pardon:
Ø In case of complex crimes, where one Ø Offended party cannot institute
of the component offenses is a public criminal proceedings if the
offender has been EXPRESSLY or even after conviction (extinguishes
pardoned by the offended party, or criminal action and remits penalty).
her parents, grandparents or L. Civil Liability of Persons Guilty of
guardian. Crimes
Ø Pardon by the parent, grandparent, Against Chastity
or guardian must be accompanied Civil liability of persons guilty of rape,
by the express pardon of the seduction or abduction:
offended woman. 1) To indemnify the offended woman
Ø The right to file action of the 2) To acknowledge the offspring, unless
parents, grandparents and the law should prevent him from
guardian shall be EXCLUSIVE of doing so
other persons and shall be 3) In every case to support the offspring,
exercised successively in the order EXCEPT:
provided. i. in cases of adultery and
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XI. CRIMES AGAINST
CRIMINAL LAW II
Ø Pardon by the offended party who
is a minor must have the
concurrence of parents, EXCEPT
when the offended party has no
parents.
Ø When the offended party is a minor,
her parents may file the complaint.
Ø Offended party is of age and is in
complete possession of her mental and
physical faculties, she alone can file
the complaint.
Ø The guardian must be legally appointed
by the court.
Ø Rape complexed with another crime
against chastity need NOT be signed by
the offended woman, since rape is a
public crime.
Ø When the evidence fails to prove a
complex crime of rape with another
crime, and there is no complaint signed
by the offended woman, the accused
CANNOT be convicted of rape.
Ø Marriage of the offender with the
offended party in seduction, abduction,
acts of lasciviousness and rape,
extinguishes criminal action or remits
the penalty already imposed.
Ø Marriage (in cases of seduction,
abduction, and acts of lasciviousness)
extinguishes the criminal action even
as to co-principals, accomplices, and
accessories.
Ø Marriage must be entered into in good
faith.
Ø Marriage may take place AFTER
criminal proceedings have commenced,
CHASTITY ii. where either of the offended party
or accused is married
iii. when paternity cannot be
determined, such as in multiple
rape
iv. other instances where the law
prevents such
Ø The adulterer and the concubine can
be sentenced only to indemnify for
damages caused to the offended
spouse.
Ø Under the RPC, there is no civil
liability for acts of lasciviousness.
Ø Art. 2219, CC: moral damages may be
recovered in seduction, abduction,
rape, or other lascivious acts, as well
as in adultery and concubinage.
Ø The parents of the female seduced,
abducted, raped, or abused may also
recover moral damages.
Ø In multiple rape, all the offenders
must support the offspring.
Ø Art. 283 (1), CC: Judgment to
recognize the offspring may only be
given if there is pregnancy within the
period of conception, which is within
120 days from the commission of the
offense.
Ø In rape of a married woman, only
indemnity is allowed.
M. Liability of ascendants, guardians,
teachers or other persons entrusted
with the custody of the offended party
Persons who cooperate as accomplices
but are punished as principals in rape,
seduction, abduction, etc. (see list below
for the complete set of crimes referred to
in this article):
1) ascendants who bought the child are the real
2) guardians parents
3) curators Ø This crime is committed when a
4) teachers, and person represents himself to be
5) any other person, who cooperate as another and assumes the filiation or
accomplice with abuse of authority the parental or conjugal rights of such
or confidential relationship another person.
Ø The teachers or persons entrusted Ø Civil status seems to include one¶s
with education and guidance of the profession.
youth shall also be penalized with Ø There must be an intent to enjoy the
disqualification. rights arising from the civil status of
³Crimes embraced in the 2nd, 3rd, & 4th of another.
this title´: B. Illegal Marriages
1) rape Ø Good faith is a defense in bigamy.
2) acts of lasciviousness Ø Failure to exercise due diligence to
3) qualified seduction ascertain the whereabouts of the first
4) simple seduction wife is bigamy through reckless
5) acts of lasciviousness with consent imprudence.
of the offended party Ø A judicial declaration of the nullity of
6) corruption of minors a marriage, that is, that the marriage
7) white slave trade was void ab initio, is now required.
8) forcible abduction Ø One convicted of bigamy may also be
9) consented abduction prosecuted for concubinage as both
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XII. CRIMES AGAINST THE CIVIL offense against civil status, which
STATUS OF PERSONS CRIMINAL may be prosecuted at the instance of
LAW II the state; the second is an offense
TITLE XII: CRIMES AGAINST THE CIVIL against chastity, and may be
STATUS OF PERSONS prosecuted only at the instance of the
Crimes against the civil status of persons offended party. The test is not
1. Simulation of births, substitution of whether the defendant has already
one child for another and concealment been tried for the same act, but
or abandonment of a legitimate child whether he has been put in jeopardy
(art. 347); for the same offense.
2. Usurpation of civil status (Art. 348); 3. ARTICLE 349. BIGAMY
3. Bigamy (Art. 349); Elements:
4. Marriage contracted against 1. Offender has been legally
provisions of law (Art. 350); married;
5. Premature marriages (Art. 351); 2. The marriage has not been
6. Performance of illegal marriage legally dissolved or, in case his
ceremony (Art. 352). or her spouse is absent, the
A. Simulation of births and Usurpation of absent spouse could not yet be
Civil Status presumed dead according to the
Illustration: Civil Code;
Ø People who have no child and who 3. He contracts a second or
buy and adopt the child without going subsequent marriage;
through legal adoption. 4. The second or subsequent
Ø Same is true even if the child was marriage has all the essential
kidnapped but they knew that the requisites for validity.
kidnappers are not the real parents of 2. ARTICLE 348. USURPATION OF
the child. CIVIL STATUS
Ø When the real parents make it appear 1. ARTICLE 347. SIMULATION OF
in the birth certificate that the parents BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, AND date of the death of her
CONCEALMENT OR ABANDONMENT husband, or before having
OF A LEGITIMATE CHILD delivered if she is pregnant
Acts punished: at the time of his death;
1. Simulation of births; 2. A woman who, her marriage
2. Substitution of one child for having been annulled or
another; dissolved, married before
3. Concealing or abandoning any her delivery or before the
legitimate child with intent to expiration of the period of
cause such child to lose its civil 301 days after the date of
status. the legal separation.
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 h  h 2. ARTICLE 350. MARRIAGE
XII. CRIMES AGAINST THE CIVIL CONTRACTED AGAINST
STATUS OF PERSONS CRIMINAL PROVISIONS OF LAWS (ILLEGAL
LAW II MARRIAGE)
Ø Bigamy is a form of illegal marriage. Elements:
Illegal marriage includes also such 1. Offender contracted marriage;
other marriages which are performed 2. He knew at the time that ±
without complying with the a. The requirements of the law
requirements of law, or marriages were not complied with; or
where the consent of the other is b. The marriage was in
vitiated, or such marriage which was disregard of a legal
solemnized by one who is not impediment.
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 h
Ø The Supreme Court considered the XIII. CRIMES AGAINST HONOR
reason behind making such marriages CRIMINAL LAW II
within 301 days criminal, that is, TITLE XIII: CRIMES AGAINST HONOR
because of the probability that there 1. Libel by means of writing or similar
might be a confusion regarding the means (Art. 355);
paternity of the child who would be 2. Threatening to publish and offer to
born. prevent such publication for
If this reason does not exist because compensation (Art. 356);
the former husband is impotent, or 3. Prohibited publication of acts referred
was shown to be sterile such that the to in the course of official proceedings
woman has had no child with him, (Art. 357);
that belief of the woman that after all 4. Slander (Art. 358);
there could be no confusion even if 5. Slander by deed (Art. 359);
she would marry within 301 days may 6. Incriminating innocent person (Art.
be taken as evidence of good faith and 363);
that would negate criminal intent. 7. Intriguing against honor (Art. 364)
6. ARTICLE 352. PERFORMANCE OF A. Libel
ILLEGAL MARRIAGE CEREMONY IMPORTANT POINTS TO REMEMBER
PERSONS LIABLE: ABOUT THIS ARTICLE:
Priests or ministers of any Ø A man¶s reputation is the estimate in
religious denomination or sect, or which others hold him.
civil authorities who shall perform or Ø Test of the defamatory character of
authorize any illegal marriage words used:
ceremony š Whether they are calculated to
5. ARTICLE 351. PREMATURE induce the hearers to suppose and
MARRIAGE understand that the person against
Persons liable: whom they were uttered was
1. A widow who is married guilty of certain offenses; or
within 301 days from the š are sufficient to impeach his
honesty, virtue or reputation, or to
hold him up to public ridicule.
Ø There is no crime if the defamatory
imputation is not published, meaning,
it is not communicated to a third
person.
Ø It is essential that the victim be
identifiable, although it is not
necessary that he be named.
Ø When the alleged defamation is
directed at a group or class, it is
essential that the statement must be
± become a ³public personage´
š so sweeping or all-embracing as to
apply to every individual in that
group or class; OR
š sufficiently specific so that each
individual in the class or group can
prove that the defamatory
statement specifically pointed to
him, so that he can bring the
action separately, if need be
(Newsweek Inc. vs. IAC).
1. Borjal v. CA (1999)
š For a statement to be considered
malicious, it must be shown that it
was written or published with the
knowledge that they are false OR
in reckless disregard of WON they
were false
i RECKLESS DISREGARD ± the
defendant entertains serious
doubt as to the truth of the
imputation to a public official may
be actionable, it must either be:
i A false allegation of fact; OR
i A comment based on a false
supposition.
3. Ayer Productions v. Capulong (1988)
š PUBLIC FIGURE ± one who, by his
accomplishments, fame, mode of
living, OR by adopting a profession
or calling which gives the public a
legitimate interest in his doings,
his affairs and his character, has
ARTICLE 354. REQUIREMENT FOR
PUBLICITY
ARTICLE 353. DEFINITION OF LIBEL
Elements:
1) There must be an imputation of±
i. a crime,
ii. a vice or defect, real or
imaginary, OR
iii. any act, omission, condition,
status, or circumstance;
2) The imputation must be made
publicly;
3) It must be malicious;
4) The imputation must be directed at
a natural or juridical person, or one
who is dead;
5) The imputation must tend to cause
the dishonor, discredit or contempt
of the person defamed.
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publication, OR that he
possesses a high degree of
awareness of their probable
falsity
š To avoid self-censorship that
would necessarily accompany
strict liability for erroneous
statements, rules governing
liability for injury to reputation are
required to allow an adequate
margin of error by protecting some
inaccuracies.
2. People v. Velasco (2000)
š DOCTRINE OF FAIR COMMENT: Fair
commentaries on matters of public
interest are privileged and
constitute a valid defense in an
action for libel or slander.
š In order that a discreditable
XIII. CRIMES AGAINST HONOR
CRIMINAL LAW II
Ø MALICE IS PRESUMED in every
defamatory imputation, EXCEPT in
privileged communications, namely:
š A private communication to an
officer or a board, or superior,
having some interest or duty in the
matter, made by any person in the
performance of any legal, moral or
social duty;
š A fair and true report, made in
good faith, without any comments
or remarks, of
i any judicial, legislative or
other official proceedings
which are not of confidential
nature, OR
i any statement, report or
speech delivered in said
proceedings, OR
i any other act performed by
public officers in the
exercise of their functions.
Ø Privileged statements are of 2 kinds:
š Absolute ± NOT actionable at all
i Statements by lawyers in
pleadings which are relevant
to the case
i Statements made in the
course of judicial
proceedings, REGARDLESS
of their defamatory tenor
and the presence of malice
š Qualified ± allows plaintiff to prove
malice IN FACT
i Statements by lawyers in
pleadings which are NOT
relevant to the case
Ø The presumption of malice is
REBUTTED, if it is shown by the
accused that ±
š The defamatory imputation is true,
IN CASE the law allows proof of
the truth of the imputation;
š It is published with good intention;
AND
š There is justifiable motive for
making it.
MALICE IN LAW MALICE IN FACT
š Presumed from
defamatory
character of
statement
š To be proved by
prosecution ONLY
IF malice in law
has been rebutted
faith.
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø Defamation through amplifier system
is slander not libel.
Ø If defamatory remarks are made in
the heat of passion which culminated
in a threat, the derogatory statements
will not constitute an independent
crime of libel but a part of the more
serious crime of threats.
Ø In a libel case filed in August 2006
against RP Nuclear Solutions and
blogger Abe Olandres, the Pasig City
Prosecutor dismissed the charges
against them because they have no
participation in the creation nor
authority to modify the content of the
site being hosted where the allegedly
libelous remarks were posted.2
š The prosecutor however ordered
the filing of cases against two
other respondents who never
denied authorship of the posted
comments.
Ø It remains debatable when the
moment of publication occurs with
respect to statements made over the
Internet.3
š One view holds that there is
publication once the statement is
uploaded or posted on a website.
š The other view maintains that
publication occurs only when
another person gains access or
reads the statement on the site.
2
http://newsinfo.inquirer.net/breakingnews/infotech/view
_article.php?article_id=68456

š Statement is «
presented to ARTICLE 355. LIBEL BY WRITING OR
court, and the SIMILAR MEANS
latter will decide Libel may be committed by means of:
whether it is 1) Writing;
defamatory or not 2) Printing;
š Can be negated 3) Lithography;
4) Engraving;
by evidence of:
5) Radio;
i Good motives
6) Photograph;
AND Justifiable
7) Painting;
ends; or
8) Theatrical exhibition;
i Privileged
9) Cinematographic exhibition; or
character
10) Any similar means.
È Unnecessary publicity destroys good
h

         
  


 h
 h
XIII. CRIMES AGAINST HONOR
CRIMINAL LAW II
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø The essence of this crime is blackmail,
which is defined as any unlawful
extortion of money by threats of
accusation or exposure.
Ø Blackmail can also be in the form of
light threats, which is punished under
ARTICLE 283.
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
È This article is referred to as the Gag
Law.
È Newspaper reports on cases pertaining
to adultery, divorce, legitimacy of
children, etc. are barred from publication.
È Under RA 1477, a newspaper reporter
cannot be compelled to reveal the source
1) Threatening another to publish a
libel concerning ±
i. him,
ii. his parents,
iii. spouse,
iv. child, or
v. other members of his family;
2) Offering to prevent the publication
of such libel for compensation or
money consideration.
ARTICLE 357. PROHIBITED
PUBLICATION OF ACTS REFERRED TO
IN THE COURSE OF OFFICIAL
PROCEEDINGS
Elements:
1) Offender is a reporter, editor or
manager of a newspaper, daily or
magazine;
2) He publishes facts connected with
the private life of another;
of the news report he made, UNLESS ± %
,













š the court or a House or committee 












of Congress finds that such B. ARTICLE 358. SLANDER
revelation is demanded by the Factors that determine the gravity
security of the state. of the oral defamation:
LIBEL SLANDER 1. expressions used
š Defamation is 2. personal relations of the
accused and the offended
in writing OR
party.
š Oral
3. the surrounding circumstances.
defamation
4. social standing and position of
printed media š Can be grave
the offended party.
or simple
C. ARTICLE 359. SLANDER BY
ALSO of two kinds:
DEED
È Simple
Elements:
È Grave: of a serious nature
1) Offender performs any act not
COMPARE:
included in any other crime
ACTUS REUS resulting in ANNOYANCE =
against honor;
UNJUST VEXATION
2) Such act is performed in the
ACTUS REUS resulting in DAMAGE TO
presence of other person or
PROPERTY =
persons;
MALICIOUS MISCHIEF
3) Such act casts dishonor,
ACTUS REUS + PUBLICITY resulting in
discredit or contempt upon the
DISHONOR = SLANDER BY DEED
offended party.
ACTUS REUS + CIRCUMSTANCES IN RAPE h

         
  


 hh  h
(NO CARNAL KNOWLEDGE) + LEWD XIII. CRIMES AGAINST HONOR
DESIGNS =
CRIMINAL LAW II
ACTS OF LASCIVIOUSNESS
D. General Provisions
ARTICLE 356. THREATENING TO
Ø Under Republic Act no. 8792,
PUBLISH AND OFFER TO PREVENT
otherwise known as the
SUCH PUBLICATION FOR A
Electronic Commerce Act, a party or
COMPENSATION
person acting as a service provider
Acts Punished:
incurs NO civil or criminal liability in
the making, publication,
dissemination or distribution of
libelous material if:
a) the service provider does not
have actual knowledge, or is not
aware of the facts or
circumstances from which it is
apparent that making, publication,
dissemination or distribution of
such material is unlawful or
infringes any rights;
b) the service provider does not
knowingly receive a financial
benefit directly attributable to the
infringing activity;
c) the service provider does not
directly commit any infringement
or other unlawful act and does not
induce or cause another person or
party to commit any infringement
or other unlawful act and/or does
not benefit financially from the
infringing activity or unlawful act
of another person or party (Section
30, in relation to Section 5, ECommerce
Law, cited in
http://thewarriorlawyer.com/200
7/03/04/libel-on-the-internetunder-
philippine-law-part-ii/)
Where to file the criminal action?
Who is the offended party?
PUBLIC OFFICER
PRIVATE PERSON
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø RULE OF ACTUAL MALICE: Even if the
defamatory statement is false, NO
liability can attach IF it relates to
official conduct, UNLESS ---
š The public official concerned
proves that the statement was
made with actual malice, i.e., with
knowledge that it was false or with
reckless disregard of whether it
RESPONSIBLE FOR LIBEL
1. The person who publishes,
exhibits or causes the
publication or exhibition of
any defamation in writing or
similar means.
2. The author or editor of a
book or pamphlet.
3. The editor or business
manager of a daily
newspaper magazine or
serial publication.
4. The owner of the printing
plant which publishes a
libelous article with his
consent and all other persons
who in any way participate in
or have connection with its
publication.
ARTICLE 361. PROOF OF TRUTH
When admissible?
1. When the act or omission imputed
constitutes a crime regardless of
whether the offended party is a
private individual or a public officer.
2. When the offended party is a
Government employee, even if the
imputation does not constitute a
crime, provided it is related to the
discharge of his official duties.
CFI of the province or
city where the libelous
article is printed and
first published
CFI of the province or
city where he held
office at the time of the
commission of the
offense
CFI of the province or
city where the libelous
article is printed and
first published
CFI of the province or
city where he actually
resided at the time of
the commission of the
offense
h

         
  


 h  h
was false or not
ARTICLE 362. LIBELOUS REMARKS
È Libelous remarks or comments
connected with the matter privileged
under the provisions of Art. 354, if made
with malice, shall NOT exempt the author
thereof nor the editor or managing editor
of a newspaper from criminal liability.
ARTICLE 360. PERSONS
XIII. CRIMES AGAINST HONOR
CRIMINAL LAW II
E. Incriminatory Machinations
IMPORTANT POINTS TO REMEMBER
ABOUT THIS ARTICLE:
Ø As far as this crime is concerned, this
has been interpreted to be possible
only in the so-called planting of
evidence. offende
š If this act is resorted to, to enable d party
officers to arrest the subject, the ARTICLE 364. INTRIGUING AGAINST
crime is unlawful arrest through HONOR
incriminating innocent persons. È Intriguing against honor is referred to
Ø This crime cannot be committed as gossiping: the offender, without
through verbal incriminatory ascertaining the truth of a defamatory
statements. utterance, repeats the same and pass it
INCRIMINATI on to another, to the damage of the
NG INNOCENT offended party.
PERSON È This crime is committed by any person
PERJURY BY who shall make any intrigue which has
MAKING for its principal purpose to blemish the
FALSE honor or reputation of another person.
ACCUSATIO INTRIGUIN
NS G AGAINST
DEFAMA HONOR
TION SLANDER INCRIMINATI
act of planting NG INNOCENT
evidence and PERSON
the like in the source
order to of the
incriminate an defamator
innocent y utterance
person is
giving of unknown
false and the
statement offender
under oath simply
or making a repeats or
false passes the
affidavit, same to
imputing to blemish
the person the honor
the or
commission reputation
of a crime of another
public offender
and made the
maliciou utterance,
s where the
imputati source of
on the
calculat defamatory
ed to nature of
cause the
dishono utterance
r, is known,
discredi and
t, or offender
contem makes a
pt upon republicati
the on thereof
offender several results arising from ONLY
performs an ONE CARELESSNESS, the accused
act by which may only be prosecuted under one
he directly count for the criminal negligence.
incriminates i Otherwise, double jeopardy
or imputes to would arise.
an innocent 1. Carillo v. People (1994)
person the š The gravamen of SIMPLE
commission of NEGLIGENCE is the failure to
a crime exercise the diligence necessitated
ARTICLE 363. INCRIMINATING or called for by the situation which
INNOCENT PERSON was NOT immediately lifedestructive
Elements: BUT which culminated,
1) Offender performs an act; as in the present case, in the death
2) By such an act, he incriminates of a human being 3 days later.
or imputes to an innocent 2. Garcia-Rueda v. Pascasio (1997)
person the commission of a š MEDICAL MALPRACTICE, which is a
crime; form of negligence, consists in the
3) Such act does not constitute failure of a physician or surgeon to
perjury. apply to his practice of medicine
h

         
  


 h  h that degree of care and skill which
UASI-OFFENSES CRIMINAL LAW II is ordinarily employed by the
TITLE XIV: QUASI-OFFENSES profession generally, under similar
IMPRUDENCE NEGLIGENCE conditions, and in like surrounding
š Both indicate a deficiency of circumstances.
action 3. Reyes v. Sis. of Mercy Hospital (2000)
š Failure in š Elements involved in medical
precaution negligence cases:
š Failure in i Duty
advertence i Breach
IMPORTANT POINTS TO REMEMBER i Injury
ABOUT THIS ARTICLE: i Proximate causation
Ø The rules for graduating penalties Ø Acronym: D.B.P.I.
(under Art. 64) based on mitigating š Requisites for the application of
and aggravating circumstances are res ipsa loquitur:
NOT applicable to offenses punishable i The accident was of a kind
thru criminal negligence. which does NOT ordinarily
Ø QUALIFYING CIRCUMSTANCE: failure occur UNLESS someone is
to render immediate assistance to the negligent;
injured party i The instrumentality or
š This qualifying circumstance must agency which caused the
be distinguished from the injury was under the
punishable OMISSION under exclusive control of the
Article 275. person in charge; and
Ø If the danger that may result from the i The injury suffered must
criminal negligence is clearly NOT have been due to any
perceivable, the imprudence is voluntary action or
RECKLESS. If it could hardly be contribution of the person
perceived, the criminal negligence injured.
would only be simple. š Ordinarily, only physicians and
Ø Criminal negligence is only a modality surgeons of skill and experience
in incurring criminal liability. are competent to testify as to
š THEREFORE, even if there are
whether a patient has been treated i UNLESS the emergency in
or operated upon with a which he finds himself is
reasonable degree of skill and brought about by his own
care. negligence.
i HOWEVER, testimony as to h

         
  


 h  h
the statements and acts of APPENDIX I: RA 9327 CRIMINAL LAW
physicians and surgeons, II
external appearances, and APPENDIX I: RA 9327
manifest conditions which Policy (Sec. 2)
are observable by any one ! Protect life, liberty and property from
may be given by non-expert acts of terrorism;
witnesses. ! Condemn terrorism as inimical and
ARTICLE 365. IMPRUDENCE AND dangerous to the national security of
NEGLIGENCE
the country and to the welfare of the
Quasi-offenses punished:
1. Committing through reckless
people
imprudence any act which, had it ! Make terrorism a crime against the
been intentional, would constitute Filipino people, against humanity and
a grave or less grave felony or against the law of nations
light felony; Terrorism (Sec. 3)
2. Committing through simple ! Three-part definition:
imprudence or negligence an act 1. predicate act,
which would otherwise constitute
2. results/consequences and
a grave or a less serious felony;
3. Causing damage to the property of 3. objective
another through reckless 1. Predicate acts
imprudence or simple imprudence a. Piracy and mutiny on high seas
or negligence; (Art. 122)
4. Causing through simple b. Rebellion or insurrection (Art. 134)
imprudence or negligence some c. Coup d¶etat (Art. 134-A)
wrong which, if done maliciously, d. Murder (Art. 248)
would have constituted a light e. Kidnapping and Serious Illegal
felony.
Detention (Art. 267)
h

         
  


 h  h
f. Arson (Art. 324*; PD 1613)
UASI-OFFENSES CRIMINAL LAW II
g. RA No. 6969 (Toxic substances and
i When the doctrine of res
Hazardous and Nuclear Waste
ipsa loquitur is appropriate,
Control Act of 1990)
all that the patient must do
h. RA No. 5207 (Atomic Energy
is prove a nexus between
Regulatory and Liability Act of
the particular act or
1968)
omission complained of and
i. RA No. 6235 (Anti-Hijacking Law)
the injury sustained while
j. PD No. 532 (Anti-Piracy and Anti-
under the custody and
Highway Robbery Law of 1974)
management of the
k. PD No. 1866 (Illegal Possession of
defendant.
Firearms and Ammunition)
š Emergency Rule (as a defense):
2. Results/Consequences
one who suddenly finds himself in
! thereby sowing and creating a
a place of danger, and is required
condition of widespread and
to act without time to consider the
extraordinary fear and panic
best means that may be adopted to
among the populace
avoid the impending danger, is
3. Objective
NOT guilty of negligence, if he fails
! in order to coerce the
to adopt what subsequently and
government to give in to an
upon reflection may appear to
unlawful demand
have been a better method
! Penalty is 40 years of imprisonment
without the benefit of parole
Conspiracy to Commit Terrorism (Sec. 4)
! Penalty is 40 years of imprisonment.
Surveillance of suspects and interception
and recording of communications (Sec.
7)
! Upon written order of the Court of
Appeals
! ³The provisions of RA 4200 to the
contrary notwithstanding´
! Intercept and record, with the use of
any mode, form, kind or type of
electronic or other surveillance
equipment of intercepting and
tracking devices, or with the use of
any other suitable ways and means for
that purpose, any communication,
message, conversation, discussion, or
spoken or written words between
members of a judicially declared and
crimes, will be obtained, and
c. that there is no other effective
means readily available for
acquiring such evidence
Proscription of Terrorist Organizations,
Association or Group of Persons (Sec. 17)
! Any organization, association or group
of persons organized for the purpose
of engaging in terrorism, or which
although not organized for this
purpose, actually uses the acts to
terrorize shall, upon application of the
Department of Justice before a
competent Regional Trial Court, with
due notice and opportunity to be
heard given to the organization,
association or group of persons
concerned, be declared as a terrorist
and outlawed organization,
association, or group of persons by
the court.
h

         
  


 h  h
outlawed terrorist organization,
association or group of persons or of
any person charged with or suspected
of the crime of terrorism or of
conspiracy to commit terrorism
Formal Application for Judicial
Authorization (Sec. 8)
! There must be an ex parte application
by the police or law enforcement
official
! The applicant must have been
authorized in writing by the Anti-
Terrorism Council
! Examination under oath or affirmation
of the applicant and the witnesses he
may produce to esyablish:
a. there is probable cause to believe
based on personal knowledge of
facts and circumstances that the
said crime of terrorism or
conspiracy to commit terrorism has
been committed or is being
committed or is about to be
committed;
b. there is probable cause to believe
based on personal knowledge of
facts or circumstances that
evidence, which is essential to the
conviction of any charged or
suspected person for, or to the
solution or prevention of, any such
APPENDIX I: RA 9327 CRIMINAL LAW
II
Periods of Detention without Judicial
Warrant of Arrest (Sec. 18)
! The provisions of Article 125 of the
Revised Penal Code to the contrary
notwithstanding´
! Custody of a person ³charged with or
suspected of the crime of terrorism or
the crime of conspiracy to commit
terrorism´
! Deliver to the proper judicial authority
within a period of three days counted
from the moment the charged or
suspected person has been
apprehended or arrested, detained
and taken into custody.
! The arrest of the persons without a
judicial warrant must result from
surveillance under Sec. 7 and
examination of bank records under
Sec. 27.
Periods of Detention in the Event of an
Actual or Imminent Terrorist Attack (Sec.
19)
! Suspects may be detained for more
than 3 days with the written approval
of the municipal, city, provincial or
regional official of a Human Rights
Commission or judge of the nearest
court, Sandiganbayan or CA.
Restriction on Travel (Sec. 26)
! Situation contemplated: Bail is
granted because ³evidence of guilt is
not strong´
! Court may, upon application of the
prosecution, limit the right to travel of
the accused to within the municipality
or city where he resides or where the
case is pending, in the interest of
national security and public safety;
! May also be placed under house arrest
by order of the court at his or her
usual place of residence; while under
house arrest, he/she may not use
telephones, cellphones, emails,
computers, the internet or other
means of communication with people
outside the residence until otherwise
ordered by the court.
Judicial Authorization Required to
Examine Bank Deposits, Accounts, and
Records (Sec. 27)
! Upon written order of the Court of
Appeals
! Provisions of Republic Act No. 1405 as
amended, to the contrary
notwithstanding
! Authorize in writing any police or law
enforcement officer to:
a. Examine, or cause the
examination of, the deposits,
placements, trust accounts,
assets and records in a bank or
financial institution; and
b. Gather or cause the gathering of
any relevant information about
such deposits, placements, trust
accounts, assets, and records
from a bank or financial
! CHR shall give highest priority to the
investigation and prosecution of
violations of civil and political rights of
persons in relation to the
implementation of this Act;
! CHR given the concurrent jurisdiction
to prosecute public officials, law
enforcers, and other persons who may
have violated the civil and political
rights of persons suspected of,
accused of, or detained for the crime
of terrorism or conspiracy to commit
terrorism.
Extraterritoriality (Sec. 58)
! Subject to treaty, HSA shall apply to:
1. individual persons who commit
any of the crimes defined and
punished within the territory of
the Philippines;
2. to individuals who, although
physically outside the territory of
the Philippines, commit, conspire
or plot to commit any of the
crimes defined in the HSA inside
the territory of the Philippines;
3. to individuals who, although
physically outside the territory of
the Philippines, commit any of the
crimes defined on board any
Philippine ship;
4. to individuals who, although
physically outside the territory of
the Philippines, commit any of the
crimes defined within any
embassy;
5. to individuals who, although
physically outside the territory of
the Philippines, commit the
crimes defined against Filipinos
h

         
  


 h  h
institution.
Seizure and Sequestration (Sec. 39)
! The deposits and their outstanding
balances of persons suspected of
terrorism shall be seized, sequestered,
and frozen in order to prevent their
use, transfer, or conveyance for
purposes that are inimical to the
safety and security of the people or
injurious to the interest of the State.
Expanded Role of the Commission
on Human Rights (Sec. 55)
APPENDIX I: RA 9327 CRIMINAL LAW
II
or persons of Philippine descent
where their ethnicity was a
factor;
6. to individuals who, although
physically outside the territory of
the Philippines, commit the
crimes directly against the
Philippines.
Special Effectivity Clause (Sec. 62)
! The provisions of this Act shall be
suspended one month before and two prescriptive periods in the instant case,
months after the holding of any were not interrupted by any event from
election. the time they began to run on May 8,
h

         
  


 h
 h 1987. As a consequence, the alleged
APPENDIX II: CASE
CRIMINAL LAW II
APPENDIX II: CASE UDPATES
Book 1
Page 35 | significant decisions
GR Nos. 165510-33, Romualdez v.
Marcelo
28 July 2006
Granting his motion for reconsideration,
the Supreme Court dismissed on the
ground of prescription the graft charges
against former Ambassador Benjamin
³Kokoy´ T. Romualdez, brother of former
first lady Imelda Romualdez Marcos,
pending before the Sandiganbayan and
the Manila City Regional Trial Court in
connection with his alleged failure to file
his Statements of Assets and Liabilities
(SALs) for 1963-1985.
Romualdez had been charged with
violation of section 7 of RA 3019, the
³Anti-Graft and Corrupt Practices Act,´
for allegedly failing to file his SALs for
1967-1985 during his tenure as
Ambassador Extraordinary and
Plenipotentiary and for 1963-1966 during
his tenure as Technical Assistant in the
Department of Foreign Affairs. The Court
ruled that the prescriptive period of
Romualdez¶s offenses began to run from
the discovery of the offense in 1987
when the PCGG filed the cases. The Court
noted that the prescriptive period for
offenses punishable under RA 3019 was
only 10 years prior to its amendment to
15 years by BP Blg. 195 in 1982 and that
section 2 of RA 3326, ³Act to Establish
Periods of Prescription for Violations
Penalized by Special Acts and Municipal
Ordinances and to Provide When
Prescription Shall Begin To Run,´ states
that ³prescription shall begin to run from
the day of the commission of the
violation of the law, and if the same be
not known at the time, from the
discovery thereof and the institution of
judicial proceedings for its investigation
and punishment.´
³The applicable 10-and-15-year
UPDATES offenses committed by [Romualdez] for
the years 1962-1982 prescribed in 10
years from May 8, 1986 or on May 8,
1997. On the other hand, the alleged
offenses committed by the petitioner for
the years 1983-1985 prescribed in 15
years from May 8, 1987 or on May 8,
2002,´ the Court said.
Thus the Court ruled that
Romualdez¶s alleged offenses had
already prescribed when the Office of the
Special Prosecutor initiated the
preliminary investigation in 2004 by
requiring the former to submit
counteraffidavit.
³Indeed, the State has lost its
right to prosecute Romualdez for the
offenses pending before the
Sandiganbayan and the Regional Trial
Court of Manila,´ the Court said.
The Court also held that the silence
in section 2 of RA 3326 as to whether the
absence of the offender from the
Philippines bars the running of the
prescriptive period can only be
interpreted to mean that section 2 did
not intend such an interruption of the
prescription unlike the explicit mandate
of Article 91 of the Revised Penal Code.
Under section 2, the prescriptive period
shall be interrupted ³when proceedings
are instituted against the guilty person.´
However, the Court noted that there is no
such proceeding instituted against
Romualdez to warrant the tolling of the
prescriptive periods of the offenses
charged against him.
Criminal Procedure
GR No. 167693, People v. Cabalquinto
19 September 2006
The Court directed that names of
women and child victims in sexual abuse
cases be withheld in Supreme Court
decisions ³to respect the dignity and
protect the privacy of women and child
victims.´ Instead, fictitious initials will be
used. Likewise, personal circumstances
of the victim-survivors or any other
information tending to establish or
compromise their identities, as well as
those of their immediate family or
household members, shall not be
disclosed. The Court said its ruling
effectuates the provisions of RA 7610,
³The Special Protection of Children
Against Child Abuse, Exploitation, and
Discrimination Act,´ and its implementing
rules; RA 9262, or ³The Anti-Violence
Against Women and Their Children Act of
2004,´ and its implementing rules; and
the Court¶s own ³Rule on Violence
Against Women and their Children.´
Book 1
GR No. 166401, People v. Bon
30 October 2006
The Court ruled that RA 9346 not
only prohibits the physical imposition of
the death penalty but also effectively
removed the penalty of ³death´ from the
graduation of penalties under Article 71
of the Revised Penal Code.
The Court also clarified that the
prohibition against the death penalty did
not result in the reclassification of those
crimes previously defined as ³heinous.´
It underscored the fact that the
amendatory effects of the law pertain
only to the application of the death
h

         
aggression, an offensive act positively
determining the intent of the aggressor
to cause an injury shall have been made;
a mere threatening or intimidating
attitude is not sufficient to justify the
commission of an act which is punishable
per se, and allow a claim of justification
on the ground that it was committed in
self-defense. (emphasis ours)
Book 1 and 2
G. R. No. 160188, Valenzuela vs. People
21 June 2007
Who may be Liable for Theft
Unlawful taking, or apoderamiento,
is deemed complete from the moment the
offender gains possession of the thing,
even if he has no opportunity to dispose
of the same.
Unlawful taking, which is the
deprivation of one¶s personal property, is
the element which produces the felony in
its consummated stage. At the same
time, without unlawful taking as an act of
execution, the offense could only be
attempted theft, if at all.
With these considerations, we can
only conclude that under Article 308 of
the Revised Penal Code, theft cannot
have a frustrated stage. Theft can only be
  


 h  h attempted or consummated.
APPENDIX II: CASE UPDATES Special Penal Laws
CRIMINAL LAW II G.R. No. 156013, De Guzman vs. Perez
penalty and not to the classification of 25 July 2006
felonies. PD 603 and RA 7610
While the Court conceded that it May a parent who fails or refuses
had no choice but to adhere to Article 22 to do his part in providing his child the
of the Revised Penal Code and extend the education his station in life and financial
retroactive benefits of the enactment of condition permit, be charged for neglect
RA 9346 to persons previously convicted of child under Article 59(4) of PD 603?
of capital offenses (except habitual However, while petitioner can be
criminals), it stressed that ³this decision indicted for violation of Article 59(4) of
does not make operative the release of PD 603, the charge against him cannot be
such convicts´ as there are other made in relation to Section 10(a) of RA
remedies under the law which could be 7610 which provides:
utilized to secure the reasonable release SEC. 10. Other Acts
of such prisoners. of Neglect, Abuse, Cruelty
Book 1 or Exploitation and Other
G.R. No. 139369, Sullon vs. People Conditions Prejudicial to
27 June 2005 the Child¶s Development. ±
Self-Defense (a) Any person who
In order to consider that unlawful shall commit any other acts
aggression was actually committed, it is of child abuse, cruelty or
necessary that an attack or material exploitation or be
responsible for other
conditions prejudicial to the
child¶s development
including those covered by
Article 59 of PD No. 603, as
amended, but not covered
by the Revised Penal Code,
as amended, shall suffer
the penalty of prision
mayor in its minimum
period. (emphasis supplied)
The law expressly penalizes any
person who commits other acts of
neglect, child abuse, cruelty or
exploitation or be responsible for other
conditions prejudicial to the child¶s
development including those covered by
Article 59 of PD 603 ³but not covered by
the Revised Penal Code.´
The ³neglect of child´ punished
under Article 59(4) of PD 603 is also a
crime (known as ³indifference of
parents´) penalized under the second
paragraph of Article 277 of the Revised
Penal Code. Hence, it is excluded from
the coverage of RA 7610.
We make no determination of
petitioner¶s guilt or innocence of the
crime charged. The presumption of
innocence in his favor still stands. What
has been ascertained is simply the
existence of probable cause for
petitioner¶s indictment for the charge
against him, that is, whether there is
sufficient ground to engender
wellfounded
belief that a crime has been
committed and that petitioner is probably
guilty thereof, and should thus be held
for trial. Petitioner¶s guilt should still be
proven beyond reasonable doubt in
Criminal Case No. 0431-00.
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Answer:
According to Article 70 of the
Revised Penal Code, the penalties which
could be simultaneously served are the
principal penalties and the following:
1. perpetual absolute disqualification,
2. perpetual special disqualification,
3. temporary absolute
disqualification,
4. temporary special disqualification,
5. suspension,
6. destierro,
7. public censure,
8. fine and bond to keep the peace,
9. civil interdiction, and
10. confiscation and payment of costs.
Alternative Answer:
The penalties that may be served
simultaneously are the principal with the
accessory penalties. With the exception
when you are penalized with two counts
or more of death penalty. Several counts
of death penalty is simultaneously served
for the convict could only be executed
once.
II.
(10%)
Tiburcio asked Anastacio to join
their group for a "session". Thinking that
it was for a mahjong session, Anastacio
agreed. Upon reaching Tiburcio¶s house,
Anastacio discovered that it was actually
a shabu session. At that precise time, the
place was raided by the police, and
a Anastacio was among those arrested.
What crime can Anastacio be
charged with, if any? Explain your
answer.
Answer:
Based on the given facts, it would
seem that Anastacio MAY BE CHARGED
WITH violation of the comprehensive
  


 h
 h dangerous drugs act. but for his
APPENDIX III: SUGGESTED ANSWERS TO exculpation, he may assert that he had
THE 07 BAR UESTIONS CRIMINAL LAW no intention to perpetrate the same.
II The facts of the case show that
APPENDIX III: SUGGESTED ANSWERS TO Anastacio was invited by Tiburcio to go
THE 07 BAR QUESTIONS over their house (maybe by text or
CRIMINAL LAW telephone) to join their group for a
I. ³session´. Upon his arrival at Tiburcio¶s
(10%) house Anastacio discovered that it was
What are the penalties that may be actually a shabu session and at that very
served simultaneously? moment the place was raided by police,
indicating that he never took part in the
pot session at all.
Alternative Answer:
Section 7 of RA 9165 is relevant to
the case at bar.
Section 7. Employees and Visitors of a
Den, Dive or Resort. - The penalty of
because the original design of the three
malefactors was robbery and the
homicide occurred during the robbery.
Settled is the rule that the crime is still
robbery with homicide if the person killed
was an innocent bystander and not the
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imprisonment ranging from twelve (12)
years and one (1) day to twenty (20)
years and a fine ranging from One
hundred thousand pesos (P100,000.00)
to Five hundred thousand pesos
(P500,000.00) shall be imposed upon:
(a) Any employee of a den, dive or
resort, who is aware of the nature
of the place as such; and
(b) Any person who, not being
included in the provisions of the
next preceding, paragraph, is
aware of the nature of the place as
such and shall knowingly visit the
same
A den, dive or resort is defined in
Section 1 of the said law as place
where any dangerous drug and/or
controlled precursor and essential
chemical is administered,
delivered, stored for illegal
purposes, distributed, sold or used
in any form.
III.
(10%)
Jervis and Marlon asked their
friend, Jonathan, to help them rob a
bank. Jervis and Marlon went inside the
bank, but were unable to get any money
from the vault because the same was
protected by a time-delay mechanism.
They contented themselves with the
customer¶s cellphones and a total of
P5,000 in cash. After they dashed out of
the bank and rushed into the car,
Jonathan pulled the car out of the curb,
hitting a pedestrian which resulted in the
latter¶s death.
What crime or crimes did Jervis,
Marlon and Jonathan commit? Explain
your answer.
Answer:
Jervis, Marlon and Jonathan
committed a special complex crime of
robbery with homicide.
It is robbery with homicide
APPENDIX III: SUGGESTED ANSWERS TO
THE 07 BAR UESTIONS CRIMINAL LAW
II
person robbed and even if the death was
supervened by mere accident.
Jervis and Marlon cannot claim
that it was Jonathan who ran over and
killed the pedestrian and therefore they
are not liable for robbery with homicide
because it is well entrenched in our
jurisprudence that when a homicide
takes place as a consequence of or on
occasion of robbery, all those who took
part in the robbery are guilty as
principals in the special complex crime of
robbery with homicide, even if they did
not actually participate in the homicide.
IV.
(10%)
Macky, a security guard, arrived
home late one night after rendering
overtime. He was shocked to see Joy, his
wife, and Ken, his best friend, in the act
of having sexual intercourse. Macky
pulled out his service gun and shot and
killed Ken.
The court found that Ken died
under exceptional circumtances and
exonerated Macky of murder but
sentenced him to destierro, conformably
with Article 247 of the Revised Penal
Code. The court also ordered Macky to
pay indemnity to the heirs of the victim
in the amount of P50,000.
a. Did the court correctly order Macky
to pay indemnity even though he
was exonerated of murder? Explain
your answer.
Answer:
Yes, the court is correct. Macky
was exonerated of murder because of the
benefit granted to him by law under Art.
247 of the Revised Penal Code, which is
an absolutory cause or exempting
circumstances.
As a rule, exemption from criminal
liability by reason of an exempting
circumstances does not include
exemption from civil liability. There are
only two circumstances which are
allowed as exceptions to this rule, they
are : 1) injury caused by mere accident ,
and 2) failure to perform an act required
by law when prevented by some lawful or
insuperable cause. The case at bar shows
that the act committed by Macky is not
one of these circumstances.
Therefore, he is not exempt from
payment of indemnity although exempt
from criminal liability.
b. While serving his sentenced,
Macky entered the prohibited area
and had a pot session with Ivy
(Joy¶s sister). Is Macky entitled to
an indeterminate sentence in case
he is found guilty of the use of
prohibited substances? Explain
your answer.
Answer:
Macky is not entitled to ISLAW.
One of the grounds for the
even if not rendered, the crime would
be committed just the same; a
conspirator is one who enters into an
agreement with one or more person to
commit a crime and decide to commit
it.
(b) The three classes of offender in the
crime of qualified seduction are :
1. Those of abuse their authority (ex.
teacher)
2. Those who abuse the confidence
reposed in them (ex. priest)
3. Those who abuse their
relationship (ex. brother who
seduced his sister)
VI.
(10%)
What are the different acts of inciting to
sedition?
Answer:
1. Inciting others to the accomplishment
of any of the acts which constitute
sedition by means of speeches,
proclamations, writings, emblems etc;
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disqualification for the application of
ISLAW is evasion of sentence. As the fact
provided, while he is serving his
sentence, he entered the prohibited area,
and such entry is already an evasion of
his sentence of destierro, and while
evading his sentence, he committed
another crime. For this reason, he is not
entitled to ISLAW.
Although destierro does not
involve imprisonment, it is settled that a
sentence imposing the penalty of
destierro is evaded when the convict
enters any of the place he is forbidden
from entering under the sentence (PP vs.
Abilong, GR No. L-1960, 26 Nov. 1948)
V.
(10%)
a. Distinguish between an accomplice
and a conspirator.
b. What are the three (3) classes of
offender in the crime of qualified
seduction? Give an example of each.
Answer:
(a) An accomplice is one who knew the
criminal design of the principal and
knowingly or intentionally
participated therewith by an act which
APPENDIX III: SUGGESTED ANSWERS TO
THE 07 BAR UESTIONS CRIMINAL LAW
II
2. Uttering seditious words or speeches
which tend to disturb the public
peace;
3. Writing, publishing, or circulating
scurrilous libels against the
government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace, or
4. Knowingly concealing such evil
practice
VII.
(10%)
Eddie brought his son Randy to a
local faithhealer known as "Mother
Himala." He was diagnosed by the
faithhealer as being possessed by an evil
spirit. Eddie thereupon 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 faith healer and three others
who were part of the healing ritual were
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.
Answer:
Note: The facts of the case are exactly
same as those in People of the
Philippines vs. Carmen, et al., G.R. No.
137268, 26 March 2001. The examiner
only changed the actors.
No, I would not sustain the
conviction of the lower court.
In the case at bar, it must be
observed that the ³treatment´ performed
over the victim was consented to by
Eddie, the boy¶s father. With the
permission of Eddie, the faithhealer and
three others proceeded to subject the
boy to a ³treatment´ calculated to drive
the bad spirit from the boy¶s body.
Unfortunately, the ³treatment´ resulted
in the death of the boy. Thus, the
accused-appellants had no criminal intent
to kill the boy. Their liability arises from
reckless imprudence because they ought
that to know their actions would not
bring about the cure.
Moreover, the elements of reckless
imprudence are evident in the acts done
by accused-appellants which consists in
voluntarily, but without malice, doing or
failing to do an act from which material
damage results by reason of inexcusable
lack of precaution on the part of the
person performing such act. The facts
show the accused-appellants lack
medical skill in treating the boy¶s alleged
ailment and none of whom is a medical
practitioner.
They are, therefore, guilty of
reckless imprudence resulting in
homicide and NOT of murder.
VIII
(10%)
Fe is the manager of a rice mill in
Bulacan. In order to support a gambling
debt, Fe made it appear that the rice mill
Fe committed a complex crime of
qualified theft through falsification of
commercial document.
It is qualified theft because the
facts of the case show that Fe took a
personal property belonging to the rice
mill owner without the latter¶s consent;
she did it with intent to gain (she
pocketed the money and used it to
support her gambling debt); she
accomplished the crime without the use
of violence against or intimidation of
persons or force upon things; and she
committed the theft with grave abuse of
confidence, which qualified the crime of
theft. The fact that she as manager had
custody of the ledger and had access in
the preparation of financial report
suffices to designate the crime as
qualified theft as she gravely abused the
confidence reposed in her by the rice mill
owner.
The crime of qualified theft was
complexed with the falsification of
commercial document because the latter
crime was a necessary means to commit
the crime of qualified theft. There was an
evident falsification of commercial
document since Fe, a private individual,
made an untruthful financial statement in
the ledger (a private document).
Alternative Answer:
My answer is anchored on the
principle that a servant, domestic or
employee who misappropriates a thing of
his master is guilty of qualified theft, not
estafa.
It cannot be estafa (through
unfaithfulness and abuse of confidence)
because the element of ³demand made
by offended party against the
malefactor´ is not present in the case at
bar. Not only that. Fe has no onerous
obligation to deliver something of value,
which is an essential element.
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was earning less than it actually was by
writing in a "talaan" or ledger a figure
lower than what was collected and paid
by their customers. Fe then pocketed the
difference. What crime/s did Fe commit,
If any? Explain your answer.
Answer:
APPENDIX III: SUGGESTED ANSWERS TO
THE 07 BAR UESTIONS CRIMINAL LAW
II
There is no crime of estafa through
falsification of private document because
the immediate effect of the latter is same
as that of estafa. [A. Gregorio,
Fundamentals of Criminal Law Review
(9th ed., 1997), p. 464]
Another Alternative Answer:
Fe committed a crime of
falsification of private document.
It is falsification of private
document because of the presence of all
elements of this crime in the case at bar,
which are : (1) that the offender
committed an act of falsification [making
untruthful statement of facts on the
ledger]; (2) that the falsification was
committed in any private document
[ledger]; and (3) that the falsification
caused damage to a third party [rice mill
owner suffered pecuniary loss].
The crime is not estafa because
falsification of private document was
committed as a means to commit estafa.
Unchallenged is the rule that if the
falsification of a private document is
committed as a means to commit estafa,
the proper crime to be charged is
falsification of private document only.
Neither the crime is a complex
crime of estafa through falsification of
private document because it is settled
that there is no such complex crime.
IX.
(10%)
During a concert of Gary V. and in
order to prevent the crowd from rushing
to the stage, Rafael Padilla {a security
guard} pointed his gun at the onrush of
people. When the crowd still pushed
forward, Rafael fired his gun into air to
scare them off. However, the bullet hit
the necessary care in disregarding that
the bullet might ricochet and hit the
people.
X.
(10%)
Pinky was a lessee of a market
stall owned by Giovanni. When Pinky
refused to pay her rental, Giovanni nailed
some wooden barricades on one of the
sides of the market stall and posted this
warning: "We have closed this portion of
the door. Do not open it or else
something may happen to you."
What crime/s did Giovanni commit,
if any? Explain your answer.
Answer:
Note: This is an old CA case, People vs.
Banzon, 66 OG 10533, in toto copied from
Reyes Book 2, page 599.
There is a recent case having
similar facts with the case at bar. We
may refer to Maderazo vs. People, G.R.
No. 165065, 26 September 2006. In this
case the SC ruled that the crime is not
grave coercion but unjust vexation.
The act of the accused is not such
a serious threat amounting to coercion
but merely the crime of unjust vexation.
The crime merely annoys the victim.
Source:
2007 Bar Questions. Bar Exams Forum
(Philippines).
Available
http://phbar.org/viewforum.php?f=33&
sid=02b73c31f470c9889204de4fa6ea4cff
. 09 June 2008.
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one of the metal roof supports,
ricocheted and then hit one of the stage
crew members, causing injuries which
resulted in the latter¶s confinement in a
hospital for twelve days.
What crime/s did Rafael commit?
Explain your answer.
Answer:
It was reckless imprudence
resulting to less serious physical injuries.
I was tempted to answer illegal
discharge of firearm and have it
complexed but I refrained since his
discharge of firearm was lawful and that
is to warn the crowd and prevent them
from rushing to the stage but he lacked
APPENDIX IV:  A CRIMINAL LAW II
APPENDIX IV: Q&A
Q1. In the course of the hi-jack, a
passenger or complement was shot
and killed. What crime or crimes were
committed?
A. The crime remains to be a violation of
the anti hi-jacking law, but the
penalty thereof shall be higher
because a passenger or complement
of the aircraft had been killed. The
crime of homicide or murder is not
committed.
Q2. The hi-jackers threatened to detonate
a bomb in the course of the hi-jack.
What crime or crimes were
committed?
A. Again, the crime is violation of the
anti hi-jacking law. The separate
crime of grave threat is not
committed. This is considered as a
qualifying circumstance that shall
serve to increase the penalty.
Q3. A janitor at the Quezon City Hall was
assigned in cleaning the men¶s room.
One day, he noticed a fellow urinating
so carelessly that instead of urinating
at the bowl, he was actually urinating
partly on the floor. The janitor
resented this. He stepped out of the
men¶s room and locked the same. He
left. The fellow was able to come out
only after several hours when people
from the outside forcibly opened the
door. Is the janitor liable for arbitrary
detention?
A. No. Even if he is a public officer, he is
not permitted by his official function
to arrest and detain persons.
Therefore, he is guilty only of illegal
detention. While the offender is a
public officer, his duty does not
include the authority to make arrest;
hence, the crime committed is illegal
detention.
Q4. A municipal treasurer has been
courting his secretary. However, the
latter always turned him down.
Thereafter, she tried to avoid him.
One afternoon, the municipal
treasurer locked the secretary inside
their office until she started crying.
The treasurer opened the door and
allowed her to go home. What crime
was committed?
A. Illegal detention. This is because the
municipal treasurer has no authority
to detain a person although he is a
public officer.
Q5. The offended party was brought to a
place which he could not leave
because he does not know where he
is, although free to move about. Was
arbitrary or illegal detention
committed?
A. Either arbitrary detention or illegal
detention was committed. If a person
is brought to a safe house,
blindfolded, even if he is free to move
as he pleases, but if he cannot leave
the place, arbitrary detention or
illegal detention is committed.
Q6. A had been collecting tong from
drivers. B, a driver, did not want to
contribute to the tong. One day, B
was apprehended by A, telling him
that he was driving carelessly.
Reckless driving carries with it a
penalty of immediate detention and
arrest. B was brought to the Traffic
Bureau and was detained there until
the evening. When A returned, he
opened the cell and told B to go home.
Was there a crime of arbitrary
detention or unlawful arrest?
A. Arbitrary detention. The arrest of B
was only incidental to the criminal
intent of the offender to detain him.
But if after putting B inside the cell,
he was turned over to the
investigating officer who booked him
and filed a charge of reckless
imprudence against him, then the
crime would be unlawful arrest. The
detention of the driver is incidental to
the supposed crime he did not
commit. But if there is no supposed
crime at all because the driver was
not charged at all, he was not given
place under booking sheet or report
arrest, then that means that the only
purpose of the offender is to stop him
from driving his jeepney because he
refused to contribute to the tong.
Q7. Within what period should a police
officer who has arrested a person
under a warrant of arrest turn over
the arrested person to the judicial
authority?
A. There is no time limit specified except
that the return must be made within a
reasonable time. The period fixed by
law under Article 125 does not apply
because the arrest was made by
virtue of a warrant of arrest.
When a person is arrested without a
warrant, it means that there is no
case filed in court yet. If the arresting
officer would hold the arrested person
there, he is actually depriving the
arrested of his right to bail. As long
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APPENDIX IV:  A CRIMINAL LAW II
as there is no charge in the court yet,
the arrested person cannot obtain bail
because bail may only be granted by
the court. The spirit of the law is to
have the arrested person delivered to
the jurisdiction of the court.
Q8. The arrest of the suspect was done in
Baguio City. On the way to Manila,
where the crime was committed,
there was a typhoon so the suspect
could not be brought to Manila until
three days later. Was there a
violation of Article 125?
A. There was a violation of Article 125.
The crime committed was arbitrary
detention in the form of delay in the
delivery of arrested person to the
proper judicial authority. The typhoon
or flood is a matter of defense to be
proved by the accused, the arresting
officer, as to whether he is liable. In
this situation, he may be exempt
under Article 12(7).
Q9. Certain aliens were arrested and they
were just put on the first aircraft
which brought them to the country so
that they may be out without due
process of law. Was there a crime
committed?
A. Yes. Expulsion.
Q10. If a Filipino citizen is sent out of the
country, what crime is committed?
A. Grave coercion, not expulsion,
because a Filipino cannot be deported.
This crime refers only to aliens.
Q11. It was raining heavily. A policeman
took shelter in one person¶s house.
The owner obliged and had his
daughter serve the police some
coffee. The policeman made a pass
at the daughter. The owner of the
house asked him to leave. Does this
fall under Article 128?
A. No. It was the owner of the house
who let the policeman in. The
entering is not surreptitious.
Q12. A person surreptitiously enters the
dwelling of another. What crime or
crimes were possibly committed?
A. The crimes committed are (1)
qualified trespass to dwelling under
Article 280, if there was an express or
implied prohibition against entering.
This is tantamount to entering against
the will of the owner; and (2)
violation of domicile in the third form
if he refuses to leave after being told
to.
Q13. Can there be a complex crime of
coup d¶etat with rebellion?
A. Yes, if there was conspiracy between
the offender/s committing the coup
d¶etat and the offenders committing
the rebellion. By conspiracy, the crime
of one would be the crime of the other
and vice versa. This is possible
because the offender in coup d¶etat
may be person or persons belonging
to the military, national police or a
public officer, whereas rebellion does
not so require. Moreover, the crime of
coup d¶etat may be committed singly,
whereas rebellion requires a public
uprising and taking up arms to
overthrow the duly constituted
government. Since the two crimes are
essentially different and punished
with distinct penalties, there is no
legal impediment to the application of
RPC Art. 48.
Q14. Can coup d¶etat be complexed with
sedition?
A. (Suggested): Yes. Coup d¶etat and
sedition are essentially different and
distinctly punished under the RPC.
Sedition may not be directed against
the Government for it can be nonpolitical
in objective but coup d¶etat is
political in objective for it is directed
against the Government and led by
persons/public officers belonging to
the military/national police. Art. 48
may be applied.
(Alternative): No, coup d¶etat may not
be complexed with sedition. While
their principal offenders may be
different, both crimes are political in
purpose and directed against the
Government. The essence is the same
and thus constitute only one crime.
When the two crimes are not distinct,
Art. 48 does not properly apply.
Q15. Is the violation of conditional pardon
a substantive offense?
A. Under Article 159, there are two
situations provided: imitating money not of legal tender
(1)There is a penalty of prision and once they acquire expertise, they
correccional minimum for the may then counterfeit money of legal
violation of the conditional tender.
pardon; Q17. The people playing cara y cruz,
(2)There is no new penalty imposed before they throw the coin in the air
for the violation of the would rub the money to the
conditional pardon. Instead, the sidewalk thereby diminishing the
convict will be required to serve intrinsic value of the coin. Is the
the unserved portion of the crime of mutilation committed?
sentence. A. Mutilation, under the Revised Penal
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APPENDIX IV:  A CRIMINAL LAW II
If the remitted portion of the sentence
is less than six years or up to six
years, there is an added penalty of
prision correccional minimum for the
violation of the conditional pardon;
hence, the violation is a substantive
offense if the remitted portion of the
sentence does not exceed six years
because in this case a new penalty is
imposed for the violation of the
conditional pardon.
But if the remitted portion of the
sentence exceeds six years, the
violation of the conditional pardon is
not a substantive offense because no
new penalty is imposed for the
violation.
In other words, you have to qualify
your answer.
The Supreme Court, however, has
ruled in the case of Angeles v. Jose
that this is not a substantive offense.
This has been highly criticized.
Q16. X has in his possession a coin which
was legal tender at the time of
Magellan and is considered a
collector¶s item. He manufactured
several pieces of that coin. Is the
crime committed?
A. Yes. It is not necessary that the coin
be of legal tender. The provision
punishing counterfeiting does not
require that the money be of legal
tender and the law punishes this even
if the coin concerned is not of legal
tender in order to discourage people
from practicing their ingenuity of
imitating money. If it were
otherwise, people may at the
beginning try their ingenuity in
do not collect the precious metal
content that is being scraped from the
coin. However, this will amount to
violation of Presidential Decree No.
247.
Q18. When the image of Jose Rizal on a
five-peso bill is transformed into
that of Randy Santiago, is there a
violation of Presidential Decree No.
247?
A. Yes. Presidential Decree No. 247 is
violated by such act.
Q19. Sometime before martial law was
imposed, the people lost confidence
in banks that they preferred
hoarding their money than
depositing it in banks. Former
President Ferdinand Marcos declared
upon declaration of martial law that
all bills without the Bagong Lipunan
sign on them will no longer be
recognized. Because of this, the
people had no choice but to
surrender their money to banks and
exchange them with those with the
Bagong Lipunan sign on them.
However, people who came up with
a lot of money were also being
charged with hoarding for which
reason certain printing presses did
the stamping of the Bagong Lipunan
sign themselves to avoid
prosecution. Was there a violation
of Presidential Decree No. 247?
A. Yes. This act of the printing presses is
a violation of Presidential Decree No.
247.
Q20. An old woman who was a cigarette
vendor in Quiapo refused to accept
one-centavo coins for payment of
the vendee of cigarettes he
purchased. Then came the police
who advised her that she has no
right to refuse since the coins are of
legal tender. On this, the old woman
accepted in her hands the onecentavo
coins and then threw it to
the face of the vendee and the
police. Was the old woman guilty of
violating Presidential Decree No.
247?
A. She was guilty of violating
Presidential Decree No. 247 because if
no one ever picks up the coins, her act
would result in the diminution of the
coin in circulation.
Q21. A certain customer in a restaurant
wanted to show off and used a P
20.00 bill to light his cigarette. Was
he guilty of violating Presidential
Decree No. 247?
A. He was guilty of arrested for violating
of Presidential Decree No. 247.
Anyone who is in possession of
defaced money is the one who is the
violator of Presidential Decree No.
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losing sweepstakes ticket, cut out a
digit from another ticket and pasted
it there to match the series of digits
corresponding to the winning
sweepstakes ticket. He presented
this ticket to the Philippine Charity
Sweepstakes Office. But the
alteration is so crude that even a
child can notice that the supposed
digit is merely superimposed on the
digit that was scraped. Was the old
man guilty of forgery?
A. Because of the impossibility of
deceiving whoever would be the
person to whom that ticket is
presented, the Supreme Court ruled
that what was committed was an
impossible crime. Note, however, that
the decision has been criticized. In a
case like this, the Supreme Court of
Spain ruled that the crime is
frustrated. Where the alteration is
such that nobody would be deceived,
one could easily see that it is a
forgery, the crime is frustrated
  


 h  h because he has done all the acts of
APPENDIX IV:  A CRIMINAL LAW II
247. The intention of Presidential
Decree No. 247 is not to punish the
act of defrauding the public but what
is being punished is the act of
destruction of money issued by the
Central Bank of the Philippines.
Q22. Instead of the peso sign (P),
somebody replaced it with a dollar
sign ($). Was the crime of forgery
committed?
A. No. Forgery was not committed. The
forged instrument and currency note
must be given the appearance of a
true and genuine document. The
crime committed is a violation of
Presidential Decree No. 247. Where
the currency note, obligation or
security has been changed to make it
appear as one which it purports to be
as genuine, the crime is forgery. In
checks or commercial documents, this
crime is committed when the figures
or words are changed which
materially alters the document.
Q23. An old man, in his desire to earn
something, scraped a digit in a
execution which would bring about
the felonious consequence but
nevertheless did not result in a
consummation for reasons
independent of his will.
Q24. A person has a twenty-peso bill. He
applied toothache drops on one side
of the bill. He has a mimeograph
paper similar in texture to that of
the currency note and placed it on
top of the twenty-peso bill and put
some weight on top of the paper.
After sometime, he removed it and
the printing on the twenty-peso bill
was reproduced on the mimeo
paper. He took the reverse side of
the P20 bill, applied toothache drops
and reversed the mimeo paper and
pressed it to the paper. After
sometime, he removed it and it was
reproduced. He cut it out, scraped it
a little and went to a sari-sari store
trying to buy a cigarette with that
bill. What he overlooked was that,
when he placed the bill, the printing
was inverted. He was apprehended
and was prosecuted and convicted of
forgery. Was the crime of forgery
committed?
A. The Supreme Court ruled that it was
only frustrated forgery because
although the offender has performed
all the acts of execution, it is not
possible because by simply looking at
the forged document, it could be seen
that it is not genuine. It can only be a
consummated forgery if the document
which purports to be genuine is given
the appearance of a true and genuine
document. Otherwise, it is at most
frustrated.
Q25. A is one of those selling residence
certificates in Quiapo. He was
brought to the police precincts on
suspicion that the certificates he
was selling to the public proceed
from spurious sources and not from
the Bureau of Treasury. Upon
verification, it was found out that
the certificates were indeed printed
with a booklet of supposed
residence certificates. What crime
was committed?
A. Crime committed is violation of Article
176 (manufacturing and possession of
instruments or implements for
falsification). A cannot be charged of
falsification because the booklet of
residence certificates found in his
possession is not in the nature of
³document´ in the legal sense. They
are mere forms which are not to be
completed to be a document in the
legal sense. This is illegal possession
with intent to use materials or
apparatus which may be used in
counterfeiting/forgery or falsification.
Q26. Public officers found a traffic
violation receipts from a certain
person. The receipts were not
issued by the Motor Vehicle Office.
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act. He was apprehended only while
he was standing on the street
suspiciously. Neither can he be
prosecuted for falsification because
the document is not completed yet,
there being no name of any erring
driver. The document remains to be a
mere form. It not being completed
yet, the document does not qualify as
a document in the legal sense.
Q27. Can the writing on the wall be
considered a document?
A. Yes. It is capable of speaking of the
facts stated therein. Writing may be
on anything as long as it is a product
of the handwriting, it is considered a
document.
Q28. In a case where a lawyer tried to
extract money from a spinster by
typing on a bond paper a subpoena
for estafa. The spinster agreed to
pay. The spinster went to the
prosecutor¶s office to verify the
exact amount and found out that
there was no charge against her.
The lawyer was prosecuted for
falsification. He contended that only
a genuine document could be
falsified. Rule.
A. As long as any of the acts of
falsification is committed, whether the
document is genuine or not, the crime
of falsification may be committed.
Even totally false documents may be
falsified.
Q29. When a person is apprehended
loitering inside an estate belonging
to another, what are the crimes that
may have been committed?
A. (1)Trespass to property under Article
281 if the estate is fenced and
there is a clear prohibition against
entering, but the offender entered
without the consent of the owner
  


 h
 h or overseer thereof. What is
APPENDIX IV:  A CRIMINAL LAW II referred to here is estate, not
For what crime should he be dwelling.
prosecuted for? (2)Attempted theft under Article 308,
A. It cannot be a crime of usurpation of paragraph 3, if the estate is fenced
official functions. It may be the and the offender entered the same
intention but no overt act was yet to hunt therein or fish from any
performed by him. He was not waters therein or to gather any
arrested while performing such overt farm products therein without the
consent of the owner or overseer
thereof;
(3) Vagrancy under Article 202
if the estate is not fenced or there
is no clear prohibition against
entering.
The crime of malversation can be
committed only by an officer
accountable for the funds or property
which is appropriated. This crime,
therefore, bears a relation between
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Q30. Can there be prostitution by
conspiracy?
A. No. One who conspires with a woman
in the prostitution business like
pimps, taxi drivers or solicitors of
clients are guilty of the crime under
Article 341 for white slavery.
Q31. The Central Bank, by resolution of
the Monetary Board, hires Theof Sto.
Tomas, a retired manager of a
leading bank as a consultant. Theof
later receives a valuable gift from a
bank under investigation by the
Central Bank. May Theof be
prosecuted under RA 3019 for
accepting the gift? Explain.
A. No, Theof may not be prosecuted
under RA 3019 but he can be
prosecuted for violation of PD 46,
under which such act of receiving a
valuable gift is punished. Although
Theof is a ³public officer´ within the
application of RA 3019, his act of
receiving the gift does not appear to
be included among the acts punished
by said law since he did not intervene
in his official capacity in the
investigation of the bank that gave
the gift. Penal laws must be construed
against the state and Theof is also
administratively liable.
Q32. What crime under the Revised Penal
Code carries the same penalty
whether committed intentionally or
through negligence?
A. Malversation under Article 217. There
is no crime of malversation through
negligence. The crime is
malversation, plain and simple,
whether committed through dolo or
culpa. There is no crime of
malversation under Article 365 ± on
criminal negligence ± because in
malversation under Article 217, the
same penalty is imposed whether the
malversation results from negligence
or was the product of deliberate act.
APPENDIX IV:  A CRIMINAL LAW II
the offender and the funds or property
involved.
The offender, to commit malversation,
must be accountable for the funds or
property misappropriated by him. If
he is not the one accountable but
somebody else, the crime committed
is theft. It will be qualified theft if
there is abuse of confidence.
Accountable officer does not refer
only to cashier, disbursing officers or
property custodian. Any public officer
having custody of public funds or
property for which he is accountable
can commit the crime of malversation
if he would misappropriate such fund
or property or allow others to do so.
Q33. An unlicensed firearm was
confiscated by a policeman. Instead
of turning over the firearm to the
property custodian for the
prosecution of the offender, the
policeman sold the firearm. What
crime was committed?
A. The crime committed is malversation
because that firearm is subject to his
accountability. Having taken custody
of the firearm, he is supposed to
account for it as evidence for the
prosecution of the offender.
Q34. Can the buyer be liable under the
Anti-fencing law?
A. No. The crime is neither theft nor
robbery, but malversation.
Q35. A member of the Philippine National
Police went on absence without
leave. He was charged with
malversation of the firearm issued
to him. After two years, he came
out of hiding and surrendered the
firearm. What crime was committed?
A. The crime committed was
malversation. Payment of the amount
misappropriated or restitution of
property misappropriated does not
erase criminal liability but only civil
liability.
When private property is attached or
seized by public authority and the
public officer accountable therefor
misappropriates the same,
malversation is committed also.
Q36. There was a long line of payors on
the last day of payment for
residence certificates. Employee A
of the municipality placed all his
collections inside his table and
requested his employee B to watch
over his table while he goes to the
restroom. B took advantage of A¶s
absence and took P50.00 out of the
collections. A returned and found
his money short. What crimes have
custodian of the prisoner and for a
certain consideration, told the
custodian to leave the door of the
cell unlocked for the prisoner to
escape. What crime had been
committed?
A. It is not infidelity in the custody of
prisoners because as far as the
private person is concerned, this
crime is delivering prisoners from jail.
The infidelity is only committed by the
custodian.
This crime can be committed also by a
private person if the custody of the
prisoner has been confided to a
private person.
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 h
 h
been committed?
A. A is guilty of malversation through
negligence because he did not
exercise due diligence in the
safekeeping of the funds when he did
not lock the drawer of his table.
Insofar as B is concerned, the crime is
qualified theft.
Under jurisprudence, when the public
officer leaves his post without locking
his drawer, there is negligence. Thus,
he is liable for the loss.
Q37. The sheriff, after having levied on
the property subject of a judgment,
conducted a public auction sale. He
received the proceeds of the public
auction. Actually, the proceeds are
to be delivered to the plaintiff. The
sheriff, after deducting the sheriff¶s
fees due to the office, spent part of
that amount. He gave the balance to
the plaintiff and executed a
promissory note to pay the plaintiff
the amount spent by him. Is there a
crime committed?
A. The Supreme Court ruled that the
sheriff committed the crime of
malversation because the proceeds of
the auction sale was turned over to
the plaintiff, such proceeds is
impressed with the characteristic of
being part of public funds. The sheriff
is accountable therefore because he is
not supposed to use any part of such
proceeds.
Q38. If a private person approached the
APPENDIX IV:  A CRIMINAL LAW II
Q39. A pregnant woman decided to
commit suicide. She jumped out of a
window of a building but she landed
on a passerby. She did not die but
an abortion followed. Is she liable
for unintentional abortion?
A. No. What is contemplated in
unintentional abortion is that the
force or violence must come from
another. If it was the woman doing
the violence upon herself, it must be
to bring about an abortion, and
therefore, the crime will be intentional
abortion. In this case, where the
woman tried to commit suicide, the
act of trying to commit suicide is not a
felony under the Revised Penal Code.
The one penalized in suicide is the one
giving assistance and not the person
trying to commit suicide.
Q40. If the abortive drug used in abortion
is a prohibited drug or regulated
drug under Presidential Decree No.
6425 (The Dangerous Drugs Act of
1972), as amended, what are the
crimes committed?
A. The crimes committed are (1)
intentional abortion; and (2) violation
of the Dangerous Drugs Act of 1972.
Q41. What is the liability of a physician
who aborts the fetus to save the life
of the mother?
A. None. This is a case of therapeutic
abortion which is done out of a state
of necessity. Therefore, the requisites
under Article 11, paragraph 4, of the
Revised Penal Code must be present.
There must be no other practical or
less harmful means of saving the life
of the mother to make the killing
justified.
Q42. The offender threw acid on the face
of the offended party. Were it not
for timely medical attention, a
deformity would have been
produced on the face of the victim.
After the plastic surgery, the
offended party was more handsome
than before the injury. What crime
was committed? In what stage was
it committed?
A. The crime is serious physical injuries
because the problem itself states that
the injury would have produced a
deformity. The fact that the plastic
surgery removed the deformity is
immaterial because in law what is
considered is not the artificial
treatment but the natural healing
process.In a case decided by the
Supreme Court, accused was charged
with serious physical injuries because
the injuries produced a scar. He was
convicted under Article 263 (4). He
appealed because, in the course of the
trial, the scar disappeared. It was
held that accused can not be
convicted of serious physical injuries.
He is liable only for slight physical
injuries because the victim was not
incapacitated, and there was no
for attempted homicide because he
inflicted said injury with the use of a
firearm that is a lethal weapon. Intent
to kill is inherent in the use of a
firearm (Araneta vs. CA).
A(Alternative): Yes, because he fired
his gun only to pacify the unruly
customers of the club and had no
intent to kill. B¶s gunshot that inflicted
the fatal wound may not be imputed
to A because conspiracy does not
exist in a free-for-all brawl or
tumultuous affray. A and B are liable
only for their acts.
Q44. Blackmailing constitutes what
crime?
A. It is a crime of light threat under
Article 283 if there is no threat to
publish any libelous or slanderous
matter against the offended party. If
there is such a threat to make a
slanderous or libelous publication
against the offended party, the crime
will be one of libel, which is penalized
under Article 356. For example, a
person threatens to expose the affairs
of married man if the latter does not
give him money. There is intimidation
done under a demand.The law
imposes the penalty of bond for good
behavior only in case of grave and
light threats. If the offender can not
post the bond, he will be banished by
way of destierro to prevent him from
carrying out his threat.
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 hh  h
evidence that the medical treatment
lasted for more than nine days.
Q43. In a free-for-all brawl that ensued
after some customers inside a night
club became unruly, guns were fired
by a group, among them A and B,
that finally put the customers back
to their senses. Unfortunately, one
customer died. Subsequent
investigation revealed that B¶s
gunshot had inflicted a fatal wound
on the deceased and A¶s gunshot
never materially contributed to it. A
contends his liability, if at all, is
limited to slight physical injury. Do
you agree?
A. Suggested): No. He should be liable
APPENDIX IV:  A CRIMINAL LAW II
Q45. Certain men pretended to be from
the Price Control Commission and
went to a warehouse owned by a
private person. They told the guard
to open the warehouse purportedly
to see if the private person is
hoarding essential commodities
there. The guard obliged. They
went inside and broke in. They
loaded some of the merchandise
inside claiming that it is the product
of hoarding and then drove away.
What crime was committed?
A. It is only theft because the premises
where the simulation of public
authority was committed is not an
inhabited house, not a public building,
and not a place devoted to religious
worship. Where the house is a private
building or is uninhabited, even
though there is simulation of public
authority in committing the taking or
even if he used a fictitious name, the
crime is only theft.
Note that in the crime of robbery with
force upon things, what should be
considered is the means of entrance
and means of taking the personal
property from within. If those means
do not come within the definition
under the Revised Penal Code, the
taking will only give rise to theft.
Those means must be employed in
entering. If the offender had already
entered when these means were
employed, anything taken inside,
without breaking of any sealed or
closed receptacle, will not give rise to
robbery.
Q46. A & B agreed to meet at the latter¶s
house to discuss B¶s financial
problems. On his way, one of A¶s car
tires blew up. Before A left the
following meeting, he asked B to
lend him money so he could buy a
new spare tire. B temporarily
exhausted his bank deposits, leaving
a zero balance. Anticipating,
however, a replenishment of his
account soon, B issued A a postdated
check that the latter
negotiated for a new tire. When
presented, the check bounced for
lack of funds. The tire company filed
criminal charges against A and B.
What would be the criminal liability,
if any, of each of the two accused?
A. (Suggested): A who negotiated the
unfounded check of B may only be
prosecuted for estafa if he was aware
that there were insufficient funds at
the time of the negotiation.
Otherwise, he is not criminally liable.
B who accommodated A with his
check may be prosecuted under BP 22
for having issued the check, knowing
that he had no sufficient funds at that
time and that A will negotiate it to buy
a new tire, i.e. for value. B is not liable
for estafa because facts indicate he
had no intent to defraud anyone in
issuing the check. Dolo is absent since
B issued the check only to help A.
Q47. A woman who has given birth to a
child abandons the child in a certain
place to free herself of the obligation
and duty of rearing and caring for
the child. What crime is committed
by the woman?
A. The crime committed is abandoning a
minor under Article 276.
Q48. Suppose that the purpose of the
woman is abandoning the child is to
preserve the inheritance of her child
by a former marriage, what then is
the crime committed?
A. The crime would fall under the second
paragraph of Article 347. The purpose
of the woman is to cause the child to
lose its civil status so that it may not
be able to share in the inheritance.
Q49. Suppose a child, one day after his
birth, was taken to and left in the
midst of a lonely forest, and he was
found by a hunter who took him
home. What crime was committed
by the person who left it in the
forest?
A. It is attempted infanticide, as the act
of the offender is an attempt against
the life of the child. See US v. Capillo,
et al., 30 Phil. 349.
Q50. During a seminar workshop
attended by government employees
from the Bureau of Customs and
BIR, A, the speaker, in the course of
his lecture, lamented the fact that a
great majority of those serving in
the said agencies were utterly
dishonest and corrupt. The next
morning, the whole group of
employees in the two agencies who
attended the seminar filed a criminal
complaint against A for uttering
what they claimed to be defamatory
statements of the lecturer. In court,
A filed a Motion to Quash the
information, claiming the facts
alleged do not constitute an offense.
If you were the judge, how would
you resolve the motion?
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APPENDIX IV:  A CRIMINAL LAW II detention? 2.5%
A. (Suggested): I would grant the Q57. Eduardo Quintos, a widower for the
motion to quash on the ground that past 10 years, felt that his
the facts alleged do not constitute an retirement at the age of 70 gave him
offense since there is no definite the opportunity to engage in his
person/s dishonored. The crime of favorite pastime - voyeurism. If not
libel or slander is a crime against using his high-powered binoculars
honor such that the person/s to peep at his neighbor's homes and
dishonored must be identifiable even domestic activities, his second
by innuendoes: otherwise the crime choice was to follow sweet young
against honor is not committed girls. One day, he trailed a teenage
(Newsweek vs. IAC). Moreover, A is girl up to the LRT station at EDSABuendia.
not making a malicious imputation but While ascending the stairs,
merely stating an opinion. He was, he stayed one step behind her and in
without malice, delivering a lecture a moment of bravado, placed his
during the seminar workshop. Malice hand on her left hip and gently
being inherently absent in the massaged it. She screamed and
utterance, the statement is not shouted for help. Eduardo was
actionable as defamatory. arrested and charged with acts of
Q51. Is contributory negligence punished lasciviousness. Is the designation of
under Article 365? the crime correct? 5%
A. No. It is not applicable in cases under

this article on the criminal aspect, and
is only mitigating for the civil liability

(People vs. Quinones). In People vs.
Tan, it was held that the parents of a
child who died in a vehicular accident
can also be persecuted I they were
themselves negligent and not merely
contributorily so, without prejudice to
the liability of the driver for
negligence.
Q52. When can a driver leave his vehicle
without aiding the victim?
A. If he is in imminent danger of being
harmed, if he wants to report to the
nearest officer of the law or if he
wants to summon medical assistance
for the injured (Sec. 55 of the Land
Transportation Code, RA 4136)
Questions from Bar Exams 2006
Q53. When can a Filipino citizen residing
in this country use an alias legally?
Give 3 instances. 2.5%
Q54. Under what situations may a private
person enter any dwelling,
residence, or other establishments
without being liable for trespass to
dwelling
Q55. What are the 3 ways of committing
arbitrary detention? Explain each.
2.5%
Q56. What are the legal grounds for