CASE DOCTRINES AND ADDITIONAL NOTES CRIMINAL LAW II (Culled from Florenz Regalados Conspe !us and Or!

egas No!es" Ar!# le $$%& TREASON The details of the testimony on the acts testified by witnesses need not be identical (People vs. Abad) The two-witness rule is not required to prove adherence to the enemy (People vs. Alita ta ) Treason absorbs crimes committed in the furtherance thereof (People vs. !illanueva) "i hteous Action# as when the collaborator also helped save some uerrillas from death at the hands of the invader is illo ical and baseless (People vs. !ictoria) $efense of %uspended Alle iance by reason of chan e of soverei nty was untenable since a citi&en owes an absolute alle iance to his country ('aurel vs. (isa) An assembla e even without an armed public uprisin is sufficient.

is a mala prohibitum therefore punishable even if contained innocent matters. )*A two-witness rule FLI/-T TO ENEM)S

ARTICLE $+$& CO.NTR)&

.4press Prohibition by ,ompetent Authority is a mala prohibitum therefore punishable for whatever purpose of the offender. (ere Attempt consummates crime.

ARTICLE $+%& AR0ITRAR) DETENTION& A private person can be liable and punished if he acted in conspiracy with public officers. (People vs. ,amerino) (ista6e of +act# 5ood +aith# acted without culpable ne li ence are valid defenses# even if it turns out that the person was innocent. (People vs. Ancheta) )o le al round# without intent to deliver to 7udicial authorities. (Arbitrary $etention) )o 'e al round# with intent to turn over to 7udicial authorities (-nlawful Arrest) 'e al 5round with intent to deliver to 7udicial authorities but unreasonably delays (-ndue $elay under 89:) )o intent to detain# but unlawfully prevented for an appreciable len th of time from free movement (,oercion) !ictim is a woman and detained with lewd desi ns from the outset (abduction) 1ffenses cannot be comple4ed. Psycholo ical and not only physical restraint is sufficient for the crime of arbitrary detention# as when victim was permitted to ta6e meals outside of detention but was too terrori&ed not to return. (People vs. 1liva)

Ar!# le $$'& CONS(IRAC) AND (RO(OSAL TO COMMIT TREASON& %eparately punished only Treason was not committed. )*A two-witness rule if

ARTICLE $$*& MIS(RISION OF TREASON& +elony by omission. (ere silence is punishable even without attempt to conceal. (A,T-A' ./0%T.),. 1+ ,1)%P0"A,2 is the 3A%0%) )*A two-witness rule

ARTICLE $+,& CORRES(ONDENCE WIT-OSTILE CO.NTR)& .4press Prohibition by 5overnment of ,orrespondence

ARTICLE $+'& DELA) IN T-E DELI1ER) OF DETAINED (ERSONS TO T-E (RO(ER 2.DICIAL A.T-ORITIES& Provision applies to arrests without warrant and it is lawful. $elivery refers to filin of complaint; <udicial Authority refers to courts of 7ustice not the public prosecutor (%ayo et al. vs. ,hief of Police) +ailure to deliver the arrestee does not ma6e detention ille al# it 7ust ma6es the arrestin officer criminally liable (People vs. (abon ) Article applies to special laws. (..or their equivalent# referrin to penalty cate ories) The hours durin which the courts are closed and no deliver can be made are not to be counted (People vs. Acasio) Arrested person may be detained beyond stated periods if he demands preliminary investi ation (%ec. = "ule 889 "ev. "ules ,rim. Pro.) Art. 89: made applicable to security uards employed by a company who arrested and delayed the turnover of public officers whom they held in custody (People vs. %ali)

A public officer enterin another>s dwellin to prevent some serious harm to himself or the dwellin >s occupants or a third person or entry into taverns and other public houses absolves a person from criminal liability.

ARTICLE $+6& SEARC- WARRANTS MALICIO.SL) O0TAINED AND A0.SE IN T-E SER1ICE OF T-OSE LE/ALL) O0TAINED& Per7ury and others crime separate. 0f a private individual conspired he is liable under this article. (-% vs. Ponte)

ARTICLE $7,& SEARC-IN/ DOMICILE WIT-O.T WITNESSES& Applicable in searches with a warrant or valid warrantless searches; also where there is consent of owner# or incidental to a lawful arrest.

ARTICLE $7$& (RO-I0ITION8 INTERR.(TION AND DISSOL.TION OF (EACEF.L MEETIN/S& Public 1fficers vs. 8:?- Private 0ndividuals This cannot be committed by a person who is a participant in the meetin (People vs. ,alera)@-n7ust !e4ation# proper crime hereA OF

ARTICLE $+*& DELA)IN/ RELEASE& 1rder of release may be iven verbally. (People vs. (isa)

ARTILCE $+3& E4(.LSION& 1nly ,hief .4ecutive can order deportation.

ARTICLE $7+& INTERR.(TION RELI/IO.S WORS-I(

ARTICLE $+5& 1IOLATION OF DOMICILE& 0mplied ob7ection# where entry was effected throu h an openin not intended for that purpose. (first mode liable) 0f 1ffender is a private individual# trespass to dwellin is committed

Public 1fficers vs. 8:?- Private 0ndividuals ,ustomarily observed and authori&ed by authorities of a reli ion. There must actually be a reli ious ceremony. 0f the offense was committed only in a meetin or a rally of a sect it

would be punishable under Art. 8?8 (People vs. "eyes) ARTICLE $77& OFFENDIN/ RELI/IO.S FEELIN/S& Public 1fficer*Private 0ndividuals A public rally by itself conducted by a reli ious roup is not reli ious ceremony. (People vs. (andoriao# <r.) 0f acts committed in a place devoted to reli ious worship# unnecessary that a reli ious ceremony is conducted. OR

)o crime of misprision of rebellion (-% vs. "avidas) E(isprision is only to treasonF ,oncealment by the offender of the rebellious activities may ma6e him an accessory.

ARTICLE $73& DISLO)ALT) OF (.0LIC OFFICERS OR EM(LO)EES& )o ,rime under this article if principal crime is treason.

ARTICLE $76& SEDITION& Arms not necessary as lon as there is tumultuous public uprisin . %edition does not absorb murder committed by reason or in furtherance of the seditious activities. (People vs. ,abrera)

ARTICLE $7%& RE0ELLION INS.RRECTION& ARTICLE $7%9A& CO.( DETAT&

3oth crimes can be committed in peace or war time An armed public uprisin by a substantial number of rebels is enerally required. "ebellion cannot be comple4ed with but absorbs acts committed in the furtherance of the rebellious movement. (People vs. Bernande&; .nrile vs. %ala&ar) 1ffenses committed for personal reasons or other motives are punished separately even if committed simultaneously with the rebellious acts (People vs. 1liva) 0lle al Possession of firearm in furtherance of rebellion under P$ 8CDD is distinct from the crime of rebellion under the "P,. Therefore violation of P$ 8CDD bein malum prohibitum# invalidates the defenses of ood faith and absence of criminal intent. (People vs. de 5racia) A crime under the "P, cannot be absorbed by a statutory offense# therefore char in one of ille al possession of firearms in furtherance of rebellion is proper. (People vs. Tio&on).

MA2OR CRIMES A/AINST NATIONAL SEC.RIT) AND (.0LIC ORDER& 8. TreasonG ,onspiracy and proposal (Art. 88:)# (isprision of Treason (Art. 88D) @No Crime of Inciting to Treason> 9. "ebellionG ,onspiracy and Proposal (Art. 8?D)# $isloyalty of Public 1fficers (Art. 8?=)# incitin (Art. 8?C) ?. ,oup d>etatG ,onspiracy and proposal (Art. 8?D) H. %editionG ,onspiracy (Art. 8H8)# 0ncitin (Art. 8H9) 0ASIC R.LEG ,onspiracy# proposal and incitin are punishable only if ma7or crimes are NOT COMMITTED& 1therwise they are absorbed and offenders will be principal by inducement. Acts or words of incitement must have been premeditated# otherwise if they were only spontaneous the crime will be tumultuous disturbance as an outcry tendin to incite rebellion or sedition (Art.8:?) The assembla e of persons present must not have been

called for the purpose of listenin to such incitement# otherwise the crime will be ille al assembly (Art. 8HD). (isprision of Treason and disloyalty of public officers can be prosecuted independently. 0n reG %edition# Knowingly conceal such evil practices <Art. 1 !> principal not accessory"

ARTICLE $%7& ACTS TENDIN/ TO (RE1ENT T-E MEETIN/ OF T-E CON/RESS AND SIMILAR 0ODIES& ARTICLE $%%& (ROCEEDIN/S& DIST.R0ANCE OF

)o public uprisin involved. +orce producin physical in7uries# or +raud involvin falsification. %aid offenses are comple4ed as necessary means employed.

ARTICLE $%*& ILLE/AL ASSEM0LIES& Assembly was for the purpose of committin offenses other than treason# rebellion# sedition or assault. Presumption is that there are persons armed otherwise it will be covered by Public $isorder (Art. 8:?) or unlawful utterances (Art. 8:HI9J)

ARTICLE $%5& DIRECT ASSA.LT& FIRST FORM: (For e;In!#m#da!#on < O=>e !#?es of Re=ell#on;Sed#!#on @ (u=l# .pr#s#ng To constitute direct assault a ainst an agent of a person in authority the violence# intimidation or resistance employed by the offender must be serious. (-% vs. Tabiana) 0f the victim is a person in authority the de ree of force employed a ainst him is immaterial as the mere layin of hands on him is sufficient (-% vs. 5umban)

0n all forms of assault# resistance or disobedience# it is required that (a) the accused 6new the identity of the victim and (b) the victim was then actin in the due and lawful performance of his duties# or the reason for the attac6 a ainst him was his performance of such official duties. (People vs. "ellin) 0f both are accused and victim are public officers# )1 $0".,T A%%A-'T# because it presupposes that the accused was not dischar in his official duties durin the attac6. 1ffense may be coercion or physical in7uries @00 !iada 9HDA Attac6 was on the occasion of the performance by victim of his official duties# motive is immaterial. (-% vs. 5arcia) 0f the cause of the direct assault was the past performance by the victim of his official duties which the accused resented# the accused is uilty of direct assault even if he attac6ed the victim while both were oin out to fi ht (<usto vs. ,A) $irect assault is committed even if several days had transpired between the victim>s performance of his official duty and the assault# as where the 7ud e was attac6ed by the offender by reason of a contempt order he issued for the incarceration of the latter several days before the offense (People vs. Torrecarion) 0f motive will not be established# as when a 7ud e was bo4ed out while it is standin on a railway station# crime will be physical in7uries (People vs. %aKiel) 0f a school teacher was slapped by the accused not while she was performin her school functions nor by reason thereof# but in the presence of her pupils# the crime was held to be

slander by deed (People vs. 5amo) 0f direct assault was committed with sli ht physical in7uries and the victim is a person in authority# they will be separate crimes; but if the victim is an a ent of a person in authority# the sli ht physical in7uries will be absorbed in the direct assault (People vs. Acierto) 0f the public officer was actin with abuse of his official functions# he is deemed to be actin in a private capacity and if he is attac6ed# there would be no crime of direct assault. Thus# where two councillors fou ht in the session hall# there could be no direct assault if the cause of the fi ht was a private matter. (People vs. 2osoya)

some election inspectors. (!illanueva vs. 1rti&)

ARTICLE $'%& .NLAWF.L .SE OF MEANS OF (.0LICATION AND .NLAWF.L .TTERANCES& Para raph 9# should be distin uished from incitin to sedition as the latter requires offender at the same time to incite the people to rise publicly a ainst the overnment. (People vs. Arro ante)

ARTICLE $'*& DELI1ER) OF (RISONERS FROM 2AIL& ,onspirators are liable under the article# but the warden or 7ail custodian of prisoners is liable for infidelity in the custody of prisoners (Alberto vs. dela ,ru&) 3ribery shall be a separate crime. 0f the prisoner is detained for the crime of treason# parricide# murder or an attempt a ainst the President>s life it has been su ested that those who delivered him from 7ail are accessories to those crimes. Lhen a uard who was off duty too6 out a prisoner from 7ail for : hours replacin him in his cell another prisoner# uard is liable under the article (People vs. $el 3arrio)

ARTICLE $%6& INDIRECT ASSA.LT& Lhether or not there is request or order from the person in authority to aid the latter. (%aid person is considered an a ent of a person in authority) 0f the a ent of a person in authority is attac6ed and a third person comes to aid# and the latter was also attac6ed# the offender is liable for physical in7uries or coercion dependin on the acts committed.

ARTICLE $'7& T.M.LTS AND OT-ER DIST.R0ANCES OF (.0LIC ORDER& There can be separate crimes of physical in7uries thru rec6less imprudence and tumultuous disturbance caused by the firin of a submachine un. (People vs. 3acolod) An accused could also be liable for the comple4 crime of assault and tumultuous disturbance if the latter offense was committed on the same occasion and by the same means of attac6in

ARTICLE $'3&E1ASION OF SER1ICE OF SENTENCE ARTICLE $'5& E1ASION OF SER1ICE OF SENTENCE ON T-E OCCASION OF DISORDERS8 CONFLA/RATIONS8 EART-A.ABES8 OR OT-ER CALAMITIES& ARTICLE $'6& OT-ER CASES OF E1ASION OF SER1ICE OF SENTENCE& There is no evasion of service of sentence if the escapee is (a)

only a detention prisoner# (b) is a youthful offender committed to a rehabilitation center# (c) is a deportee who violates the deportation order. (-% vs. 'oo Boe) Article 8:=. Applicable to $estierro (People vs. Abilon ) Article 8:C. 0mprisonment. )*A $estierro Article 8:M. Applicable to $estierro Accused was forced by some detainees to leave the 7ail# but he returned thereafter. There was no mutiny. (People vs. Padilla) !iolation under Art. 8:M is substantive if penalty remitted is D years or less since a penalty is imposed therein (People vs. (artin)

0f the document is one supposedly si ned by the President in a private capacity the crime would be falsification and not for ery under the Article 8D8.

ARTICLE $**9$*6& FOR/IN/ TREAS.R) OR 0ANB NOTES8 O0LI/ATIONS AND SEC.RITIESC IM(ORTIN/ AND .TTERIN/ FALSE OR FOR/ED NOTES8 O0LI/ATIONS AND SEC.RITIES& A Philippine ,harity %weepsta6es tic6et has been declared to be a overnmental obli ation (People vs. 3almores) 0ntent to use ille ally possessed counterfeit notes and instruments of credit may be determined from the volume or number of said notes and the acts of the accused ta6en in connection therewith. )o impossible crime here# as it deals with crimes a ainst persons and property only. Lhere the accused encashed a treasury warrant# which is a overnmental obli ation# but he did so by posin and si nin as the payee thereof# the crime is falsification and not for ery (People vs. %amson) @Art. 8=8 Par. 9A

ARTICLE $*,& A.ASI9RECIDI1ISM The offense committed while the accused is servin sentence must be a felony# not a crime punished by a special law. Lith re ard to the offense of which the accused was already sentenced by final 7ud ment# it does not matter whether it was also a felony or a crime punished by a special law. (People vs. Peralta) Nuasi-recidivism can also be committed while offender was at lar e after escapin from the penal institution (People vs. (aternal) or while he was in the act of escapin therefrom (People vs. Tion son)

ARTICLE $3$& FALSIFICATION 0) (.0LIC OFFICER8 EM(LO)EE OR NOTAR) OR ECCLESIASTIC MINISTER& 0n imitatin or counterfeitin there must be some similarity or resemblance between the ori inal and the counterfeit (-% vs. 'ampa) !otin in place of a re istered voter# an e4ample of violation under par. 9 (People vs. Abuba6ar) Para raph HG (a6in false statements in an application form for patrolman e4amination (,ivil %ervice +orm )o. 9)# under oath as required

ARTICLE $*$& CO.NTERFEITIN/ T-E /REAT SEAL OF T-E /O1T& OF T-E (-ILI((INES8 FOR/IN/ T-E SI/NAT.RE OR STAM( OF T-E C-IEF E4EC.TI1E& ARTICLE $*+& .SIN/ FOR/ED SI/NAT.RE OR CO.NTERFEIT SEAL OR STAM(&

constitutes per7ury not falsification (People vs. ,ru&) )o such le al obli ation in the preparation of the formation papers of a corporation to state the truth# so there is no falsification (People vs. Nuasha) There was no le al obli ation to disclose the fact of a previous conviction in the personal data form submitted by the offender to the police department since that form was not an official document# hence no falsification was committed.(People vs. Poserio) There is a le al obli ation to disclose the truth in entries made in a residence certificate# hence the accused was liable for falsification. (People vs. Po 5io6 To) )30 personal data sheet is an official document (People vs. -y) Lhere force was employed to compel another to e4ecute a contract# the offender is not liable for falsification as such compulsion does not ma6e it a false instrument# but only a voidable one. (-% vs. (illa) +alsification can be committed by imprudence# either by a private individual (People vs. 3aKas) or by a public officer (People vs. ,astillo) The person in possession of a falsified document is presumed to have falsified the same# especially so if he had the opportunity and the motive to do so. (People vs. (anansala) Lhat is required to be true is an assertion of fact by the accused; hence where the declarant stated that she was eli ible for the public position# an inaccuracy therein could not hold her liable for falsification as she was actually e4pressin only an opinion. (People vs. 2an&a) %imilar to the case of

claimant of land (People vs. %an <ose). (a6in alterations or corrections in a document to ma6e it spea6 the truth# even if unilaterally done# cannot be falsification as the essence of this offense is to ma6e the document tell a lie. (-% vs. %an (ateo) 0)

ARTICLE $3+& FALSIFICATION (RI1ATE INDI1ID.ALS&

$ama e or intent to cause dama e is an essential element. $ama e to honor is sufficient. (People vs. (arasi an) )o crime of estafa thru falsification of a private document. +alsification is not a continuin offense and is consummated when the document is actually falsified# re ardless of whether or not it was thereafter put to ille al use. (Alfelor et al vs. 0ntia) $ama e is not required if the falsified document is introduced as evidence in a 7udicial proceedin . $ama e is an element only when the document is introduced in a proceedin or transaction other than 7udicial. (People vs. Prudente)