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2011 CRIMINAL LAW NOTES I. Revised Penal Code1 / Special Laws P!esiden"ial #ec!ees and E$ec%"ive O!de!s A. &oo' 1 (A!"icles 1)** RPC e$cl%din+ p!ovisions on civil lia,ili"-. incl%din+ !ela"ed Special Laws 1. /%nda0en"al P!inciples a. #e1ini"ion o1 C!i0inal Law o That branch of municipal law which defines crimes, treats of their nature, and provides for their punishment #i11e!ence ,e"ween Mala in Se and Mala P!o2i,i"a Mala in se: literally means that the act is inherently evil or per se wrongful Even if the crime is punished under special law, if the act punished is one which is inherently wrong, the same is malum in se; unless it is the product of criminal negligence or culpa
Mala P!o2i,i"a Violations of special laws $%T a valid defense V%()$T*R'$E++ $% stages of e,ecution $%T considered # law punishes commission of the prohibited act

Mala In Se Violations of the Revised Penal ode !ood faith and lac" of criminal intent # valid defense &asis of criminal liability is '$TE$T +tages of e,ecution affect the penalty imposable Modifying circumstances are ta"en into account in imposing the penalty

,. Scope o1 Applica"ion and C2a!ac"e!is"ics o1 "2e P2ilippine C!i0inal Law (1. 3ene!ali" The criminal law of the country governs *(( persons who live or so-ourn in the Philippines E. EPT'%$+: a/ b/ c/ d/ e/ 0eads of +tate *mbassadors Minister resident Minister plenipotentiary harges d1affaires

(2. Te!!i"o!iali" he penal laws of the country have force and effect %$(2 within its territory # it cannot penali3e crimes committed outside the same The provisions of the Revised Penal ode shall be enforced not only within the Philippine *rchipelago, including its atmosphere, its interior waters and maritime 3one, but also %)T+'4E of its -urisdictions against those who: 5*rticle 6/ 78 +hould commit an offense while on a Philippine ship or airship; 68 +hould forge or counterfeit any coin or currency note of the Philippine 'slands %R obligations and securities issued by the !overnment of the Philippine 'slands; 98 +hould be liable for acts connected with the in"!od%c"ion into these islands of the obligations and securities mentioned in the preceding number; :8 ;hile being public officers or employees, should commit an offense in the e,ercise of their functions; or <8 +hould commit any of the crimes against national security and law of nations, defined in Title ' of &oo" '' of the RP
1

Act No. 3815, effective January 1, 1932

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E. EPT'%$+: *s provided in the Treaties, and (aws of preferential application

Principle of E.TERR'T%R'*('T2

(4. P!ospec"ivi" *cts or omissions will only be sub-ect to a penal law if they are committed *=TER a penal law had already ta"en effect E. EPT'%$: when the penal law is favorable to the offender, who is $%T a habitual delin>uent, and there is $% provision in the law against retroactive application 5*rticle 66/ The principle of prospectivity of statutes also applies to administrative rulings and circulars 5 o vs8 ourt of *ppeals, %ctober 6?, 7@@9/

c. Cons"i"%"ional li0i"a"ions on "2e powe! o1 Con+!ess "o enac" penal laws in "2e &ill o1 Ri+2"s (1. E5%al p!o"ec"ion , , , $%R shall any person be denied the e>ual protection of the laws 5+ection 7, *rticle ''', 7@?A onstitution/

(2. #%e p!ocess $% person shall be derived of life, liberty, or property without due process of law , , , 5+ection 7, *rticle ''', 7@?A onstitution/ $% person shall be held to answer for a criminal offense without due process of law 5+ection 7:B7C, *rticle ''', 7@?A onstitution/ 4ue process is satisfied if the following conditions are present: 5&anco EspaDol de =ilipinas vs8 Palanes, 9A Phil8 @67/ 78 There must be a court or tribunal clothed with -udicial power to hear and determine the matter before it; 68 Eurisdiction must be lawfully ac>uired by it over the person of the defendant or over the property which is the sub-ect of proceedings; 98 The defendant must be given an opportunity to he heard; :8 Eudgment must be rendered lawful hearing 'n criminal proceedings, due process re>uires that the accused be informed why he is being proceeded against and what charge he has to meet, with his conviction being made to rest on evidence that is $%T tainted with falsity after full opportunity for him to rebut it and the sentence being imposed in accordance with a valid law8 't is assumed, therefore, that the court that renders the decision is one of competent -urisdiction 5*ng Tibay vs8 *, F@ Phil8 F9</

(4. Non)i0posi"ion o1 c!%el and %n%s%al p%nis20en" o! e$cessive 1ines 6 Ac" P!o2i,i"in+ "2e I0posi"ion o1 #ea"2 Penal"- in "2e P2ilippines (R.A. *478. E,cessive fines shall $%T be imposed, nor cruel, degrading or inhuman punishment inflicted8 $either shall death penalty be imposed, )$(E++, for compelling reasons involving heinous crimes, the ongress hereafter provides for it8 *ny death penalty already imposed shall be reduced to reclusion perpetua 5+ection 7@, *rticle '''/ The imposition of the penalty of death is hereby PR%0'&'TE4 5+ection 7, R* @9:F; approved Eune 6:, 6GGF/ *ccordingly, R* ?7AA 5*ct 4esignating 4eath by (ethal 'n-ection/ is hereby REPE*(E4

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R* AF<@ 54eath Penalty (aw/ and all other laws, e,ecutive orders and decrees, insofar as they impose the death penalty are hereby !epealed or a0ended acco!din+l-

'n lieu of death penalty, the following shall be imposed: 5+ection 6, R* @9:F/ a/ The penalty of RE ()+'%$ PERPET)*, when the law violated ma"es use of the nomenclature of the penalties of the Revised Penal ode; or b/ The penalty of ('=E 'MPR'+%$ME$T, when the law violated does $%T ma"e use of the nomenclature of the penalties of the RP

(7. &ill o1 a""ainde! $% e, post facto law or bill of attainder shall be enacted 5+ection 66, *rticle ''', onstitution/ * bill of attainder applies only to statutes and a statute becomes a bill of attainder when it applies either to named individuals or to easily ascertainable members of a group inflicting punishment on them amounting to a deprivation of any right, civil or political, without -udicial trial 5Montegro vs8 astaDeda, @7 Phil ??6/ +tated otherwise, the singling out of a definite class, the imposition of a burden on it, and a legislative intent, suffice to stigmati3e a statute as a bill of attainder

* bill of attainder is a legislative act which inflicts punishment without trial; the essence of which is the substantial legislative fiat for a -udicial determination of guilt

(9. E$ pos" 1ac"o law Penalties that may be imposed H $% felony shall be punishable by any penalty $%T prescribed by law prior to its commission 5*rticle 67, RP / haracteristics of e, post facto law: 78 Refers to criminal matters; 68 Pre-udicial to the accused; 98 Retroactive in application8 * law to be called e, post facto must refer to penal matters, application and pre-udicial to the accused E, post facto law is one which: retroactive in

a8 Provides for the infliction of punishment upon a person for an act done which, when it was committed, was innocent; b8 *ggravates a crime or ma"es it greater than when it was committed; c8 hanges the punishment or inflicts a greater punishment than the law anne,ed to the crime when it was committed; d8 hanges the rules of evidence and receives less or different testimony then was re>uired at the time of the commission of the offense in order to convict the offender; e8 *ssuming to regulate civil rights and remedies only, in effect imposes a penalty or the disposition of a right which when done was lawful; f8 4eprives the person accused of crime of some lawful protection to which they have become entitled, such as the protection of a former conviction or ac>uittal, or of the proclamation of amnesty; g8 'n relation to the offense or its conse>uences, alters the situation of a person to his disadvantage 2. /elonies =elonies 5delitos/: *cts and omissions punishable by law 5first sentence, *rticle 9/ a. Classi1ica"ions o1 /elonies 5*rticle @/

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7/ 3!ave /elonies: those to which the law attaches the capital punishment %R penalties which in an- of their PERIO#S are afflictive, in accordance with *rticle 6<, RP apital punishment: 4eath 5*rticle 6</ *fflictive penalties: 5*rticle 6</ Reclusion perpetua Reclusion temporal Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification Prision mayor

6/ Less 3!ave /elonies: those which the law punishes with penalties which in their 0a$i0%0 pe!iod are correctional orrectional penalties: 5*rticle 6</ Prision correccional *rresto mayor +uspension 4estierro

9/ Li+2" /elonies: those infractions of law for the commission of which the penalty of arresto menor or a fine $%T e,ceeding 6GG pesos, %R both, is provided ,. Ele0en"s o1 C!i0inal Lia,ili"7/ =reedom 6/ 'ntelligence 9/ riminal intent # determine what crime regardless of means used o riminal liability shall be incurred by: 5*rticle :/ 78 *ny person committing a felony 5delito/ although the wrongful act done be #I//ERENT from that which he intended 68 *ny person performing the an act which would be an offense against PER+%$+ or PR%PERT2, were it not for the in2e!en" i0possi,ili"- o1 i"s acco0plis20en" %R on account of the employment of inade5%a"e o! ine11ec"%al 0eans o 9 situations contemplated under paragraph 7 of *rticle :: a8 *berratio ictus or mista"e in the blow; b8 Error in personae or mista"e in identity; and c8 Praeter intentionem or where the conse>uence e,ceeded the intention c. I0possi,le C!i0e o *n act which would be an offense against PER+%$+ or PR%PERT2, were it not for the inherent impossibility of its accomplishment %R on account of the employment of inade>uate or ineffectual means 5*rticle : 56// =* T)*( or physical impossibility: occurs when e,traneous circumstances un"nown to the perpetrator prevent the commission of the intended crime 'mpossible crime where an act performed by the offender would have been an offense against PER+%$+ were it not the for inherent impossibility of its accomplishment: 'mpossible crime of homicide # stabbing a person who is lying on the bed, the offender having the intent to "ill him and thin"ing that he was only sleeping, when in fact that person is already dead before he stabbed him 'mpossible crime of rape # offender thought victim is alive or sleeping

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'mpossible crime where the act performed by the offender would have been an offense against PR%PERT2 were it not for the inherent impossibility of its accomplishment: Pic"ing the poc"et of another which turns out to be empty *ccused shoots the place where he thought his victim would be but the latter was $%T at the said place 5'ntod vs8 ourt of *ppeals, 67< + R* <6/ 'mpossible crime against pe!sons where the means employed is '$*4EI)*TE +mall >uantity of poison which is inade>uate to "ill a person 'mpossible crime against pe!sons where the means employed is '$E==E T)*( *ccused, believing that a certain white powder was poison, mi,ed the white powder with the coffee intended for &8 & was not in-ured because the white powder was sugar (E!*( impossibility: occurs when an essential element of the crime is $%T present during its commission . surreptitiously too" a watch from the possession of another which turned out to be his own watch # . cannot be a thief of his own property ., thin"ing that his girlfriend 2 was pregnant, administered abortive substance on 2, who turned out that she was $%T pregnant $%TE: if 2 suffered physical in-uries, . is liable for Physical 'n-uries, $%T for impossible crime 'ntod vs8 ourt of *ppeals, 67< + R* <6

=acts: : armed culprits, with intent to "ill ., went to the house of .8 *fter having pinpointed .1s room, all four fired their guns and riddled the house with bullets8 't so happened that . did $%T come home that night8 + decision: 'mpossible crime applying paragraph 6, *rticle :, RP

*tty8 Estrada1s comment: The wrongful act of the accused in firing their guns at the house of . constituted or resulted to another offense that is destruction of .1s house8 4estroying somebody1s property because of hate, anger, or other evil motive is M*(' '%)+ M'+ 0'E=8 onsidering that another crime other than the crime intended was thus committed, then the accused are liable for that offense 5Malicious Mischief/, no impossible crime was committed8 'n as much as another crime was committed, the law applicable is paragraph 7, *rticle :, RP 8 The accused are liable for the crime that resulted from their felonious act8 o 'n impossible crime, the act performed should $%T constitute another offense specifically punished by law o The moment another crime is committed, there can be $% impossible crime The offender is liable for that crime which was committed in the process

, , , the court, having in mind the social dan+e! and de+!ee o1 c!i0inali"- shown by the offender, shall impose upon him the penalty of arresto mayor %R fine ranging from 6GG to <GG pesos 5*rticle <@/

d. S"a+es o1 E$ec%"ion o *rticle F: 7/ *TTEMPTE4 # there is an attempt when the offender commences the commission of a felony directly by %VERT acts and does $%T perform all the acts of e,ecution which

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should produce the felony by reason of so0e ca%se o! acciden" OT:ER "2an 2is own spon"aneo%s desis"ance 6/ =R)+TR*TE4 # when the offender performs *(( the acts of e,ecution which would produce the felony as a conse>uence &)T which, nevertheless, do $%T produce by reason of causes independen" o1 "2e will o1 "2e pe!pe"!a"o! 9/ %$+)MM*TE4 # when *(( the elements necessary for the e,ecution and accomplishment of the felony are present o /o!0al c!i0es: crimes which are consummated in one instance # i8e8 oral defamation, there is $% attempted oral defamation or frustrated oral defamation; it is always in the consummated stage R)(E+: 7/ 'n attempted and frustrated homicide, there is intent to "ill # if the offender does $%T inflict a M%RT*( wound, he does $%T perform all the acts of e,ecution, he is liable for a""e0p"ed felony 6/ 'f the wound inflicted is +ER'%)+ or M%RT*(, offender performs all the acts of e,ecution # if victim does $%T die because of causes independent of the will of the perpetrator, he is liable for 1!%s"!a"ed felony o 'n crimes of V'%(E$ E, if the offender does $%T inflict a mortal wound, he does $%T perform all the acts of e,ecution *, with intent to "ill, hac"ed &8 & was $%T hit # * is liable for *ttempted 0omicide *, with intent to "ill, hac"ed &8 & suffered an in-ury which re>uires medical attendance for < days # * is liable for *ttempted 0omicide

+T*!E+ %= E.E )T'%$ in T0E=T and R%&&ER2: 7/ *ttempted 6/ onsummated # when the accused comes into possession of a thing, even if it were more or less momentarily, the ta"ing is %MP(ETE8 The crime is consummated 5People vs8 +alvilla, 7?: + R* FA7/

e. Conspi!ac- and P!oposal 5*rticle ?/ o o onspiracy and proposal to commit felony are punishable %$(2 in the cases in which the law specifically provides a penalty therefor * %$+P'R* 2 e,ists when 6 or more persons o o ome to an agreement concerning the commission of a felony *$4 4ecide to commit it

o o

There is PR%P%+*( when the person has decided to commit a felony proposes its e,ecution to some other person or persons 4% TR'$E %= 'MP('E4 %$+P'R* 2: holds 6 or more persons participating in the commission of a crime collectively liable as %J %$+P'R*T%R+ although absent any agreement to that effect when they ac" in conce!", demonstrating )$'T2 of criminal intent and a common purpose or ob-ective onspiracy must be shown to e,ist by direct or circumstantial evidence as clearly as the crime itself 5People vs8 !regorio, :76 + R* @G; People vs8 Esponila, :G: + R* :67/ onspiracy as a felony: 7/ 6/ 9/ :/ </ F/ A/ onspiracy onspiracy onspiracy onspiracy onspiracy onspiracy onspiracy to to to to to to to commit commit commit commit commit commit commit Treason Rebellion 'nsurrection oup d1etat +edition *rson Terrorism 5R* @9A6/

Proposal to commit a felony that are punishable:

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7/ 6/ 9/ :/ </

Proposal Proposal Proposal Proposal Proposal

to to to to to

commit commit commit commit commit

Treason Rebellion 'nsurrection oup d1etat Terrorism 5R* @9A6/

1. M%l"iple O11ende!s (di11e!ences !%les e11ec"s. (1. Recidivis0 %ffender shall have been previously convicted by final -udgment of another crime embraced in the +*ME T'T(E of the RP 5*rticle 7: 5@// !eneric aggravating circumstance and, therefore, can be %==+ET by an ordinary mitigating circumstance

(2. :a,i"%ali"- (Rei"e!acion. The accused at the time of his trial for an offense has PREV'%)+(2 served a sentence 5*rticle 7: 57G// To which the law attaches an EI)*( or !RE*TER penalty, %R =or 6 %R M%RE offenses which the law attaches a lighter penalty

(4. ;%asi)Recidivis0 The offender commits a felony &E=%RE serving sentence by final -udgment for another crime %R ;0'(E serving sentence +pecial aggravating circumstance which *$$%T be offset by any mitigating circumstance

(7. :a,i"%al #eli5%enc- 5last paragraph, *rticle F6/ rimes are specified: +erious physical in-uries, (ess serious physical in-uries, Theft, Robbery, Estafa, and =alsification 5+(TRE=/ There must be at least a T:IR# %$V' T'%$ of any of the specified crimes onviction of any of the specified crimes must ta"e place ;'T0'$ 7G 2E*R+ from the last conviction %R release E==E T: Provides for the imposition of *44'T'%$*( penalty 5see *rticle F65<//

+. Co0ple$ C!i0es vis Special Co0ple$ C!i0es o %MP(E. R'ME is constituted when: 5*rticle :?/

* sin+le act causes 6 %R M%RE grave or less grave felonies 5delito compuesto %R compound crime/; %R 4ouble 0omicide, 0omicide with *ttempted 0omicide, Murder with =rustrated 0omicide E. EPT'%$: use of automatic rifle 5People vs8 Vargas, 7?: + R* 6<:/ +everal shots from a Thompson subJmachine gun, in view of its special mechanism causing several deaths, although caused by a single act of pressing the trigger, are considered +EVER*( acts 0ence, it is $%T the act of pressing the trigger which should be considered as producing the several felonies, but the $)M&ER %= &)((ET+ which ac"%all- produced them 5felonies/ The accused are criminally liable for as many offenses resulting from pressing the trigger of the armalites8 Therefore, accused are liable for "wo co%n"s o1 0%!de! committed against the victims, $elson and Ric"son Penalosa, instead of the comple, crime of double murder

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+ingle bullet "ills but there is $% intent to "ill and in-ures another # separate crimes if one is a light felony: two crimes are committed, there is $% comple, crime a/ 0omicide, and b/ +light Physical 'n-uries

There are 6 +EP*R*TE crimes when: a/ %ne crime is $%T a necessary means to commit the other crime b/ %ne crime is $%T a result of the other crime committed

*n offense is committed as a necessa!- 0eans to commit another offense 5delito comple-o %R comple, crime proper/ Estafa through =alsification, Malversation through =alsification

Penalty for comple, crimes 5*rticle :?/ # the penalty for the M%+T +ER'%)+ crime shall be imposed, the same to be applied in its M*.'M)M PER'%4

+PE '*( %MP(E. R'ME is composed of 6 %R M%RE crimes but in the eyes of the law, the offender incurs only %$E criminal liability *K* composite crime %R single indivisible offense Robbery with 0omicide, Rape with 0omicide, Kidnapping with 0omicide To comple, Kidnapping %R 'llegal 4etention with Rape, there must be (E;4 4E+'!$+ 5People vs8 &ohos, !R (J:G@@F, Eune 6<, 7@?G/

'nstances when there is $% comple, crime: 7/ 'n case of %$T'$)'$! R'ME+: one whose essential ingredients ta"e place in M%RE than one municipality or city, so much so that the criminal prosecution may file and try the case in the court of any such municipality or city %nly one crime in continuing crimes . "idnapped 2 in &aguio ity8 . brought her to Pangasinan, Tarlac and Pampanga against 21s will # the crime of Kidnapping is a continuing offense because the victim was continuously deprived of her liberty *dultery is $%T a continuing crime, every se,ual intercourse is a crime # the culprits perpetrates the crime in every se,ual intercourse and they need $%T do another or other adulterous acts to consummate it 5People vs8 Lapata, !R (J9G:A, May 7F, 7@<7/

%$T'$)%)+ R'ME+ 5delito continuado/: used to denote as only %$E crime a series of acts arising from a +'$!(E criminal resolution which are carried out in the same place and about the same time 5People vs8 (edesma, A9 + R* AA/ Robbers agreed to rob all the occupants of the < houses within the same compound =or continuous crime to e,ist, there should be: a/ Plurality of acts performed separately during a period of time, b/ )nity of penal provision infringed or violated, and c/ )nity of criminal intent or purpose # means that 6 %R M%RE violations of the +*ME penal provisions are united in one and the same intent leading to the perpetration of the +*ME criminal purpose or aim 6/ ;hen one offense is committed to %$ E*( the other

There is $% comple, crime of *rson with 0omicide

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'n the classification of crimes committed by fire, attention must be given to the '$TE$T'%$ of the author 5People vs8 edenio, !R @9:?<, Eune 6A, 7@@:/ 'f the main ob-ect of the offender is to "ill by means of fire, the offense is M)R4ER 'f the main ob-ective is the burning of the building, the resulting homicide 0a- be *&+%R&E4 by the crime of arson

9/ ;hen one of the offenses is penali3ed by a +PE '*( (*; omple, crime proper does $%T e,ist when the two crimes are punished under 4'==ERE$T +T*T)TE+ 5People vs8 *raneta, !R 6:F66, Eanuary 6?, 7@6F/ There is $% comple, crime of Estafa with Violation of &P 66 because only =E(%$'E+ can be comple,ed # Estafa is a felony while Violation of &P 66 is a crime

:/ 'n case of special comple, crimes </ ;hen the law provides for a T;%JT'ERE4 PE$*(T2 # when the law provides that a penalty to a particular crime is '$ *44'T'%$ to the penalty imposable for another crime which results from the commission of such particular crime Maltreatment of Prisoners under *rticle 69< # the offender suffers penalty of a/ Prision orreccional in its medium period to Prision Mayor in its minimum period, and in addition b/ Penalty for the physical in-uries that he inflicted F/ 'n rec"less imprudence cases # where one of the resulting offenses in criminal negligence constitutes a LI3:T 1elon- li"e +light Physical 'n-uries, there is $% comple, crime 5+ee *rticle :?, RP / *, who was drun", bumped a par"ed car8 The car was heavily damaged and a person was slightly in-ured # =ile 6 crimes, which cannot be comple,ed because one is a ('!0T felony: 5Reodica vs8 ourt of *ppeals/ a/ Rec"less 'mprudence Resulting in 4amage to Property, and b/ +light Physical 'n-uries o +'$!(E (*R E$2 4% TR'$E: there is only %$E R'ME committed when several crimes result from a single criminal intent E. EPT use of automatic guns

4. Ci!c%0s"ances w2ic2 A11ec" C!i0inal Lia,ili"-

<%s"i1-in+ circumstances6 # the following do $%T incur any criminal liability: 5*rticle 77/ 78 *nyone who acts in defense of his person or rights, provided that the following circumstances concur: =irst8 )nlawful aggression; +econd8 Reasonable necessity of the means employed to prevent or repel it; Third8 (ac" of sufficient provocation on the part of the person defending himself8 )nlawful aggression: contemplates an actual, sudden and une,pected attac", %R imminent danger and $%T merely a threatening or intimidating attitude 'n unlawful aggression, there has to e,ist danger to the life or personal safety of the person claiming selfJdefense 5People vs8 !enebla3o, 9A7 + R* <A9/ Mere coc"ing of a gun is $%T an unlawful aggression

68 *nyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or legitimate, natural, or adopted brothers or sisters %R of his relatives by affinity in the
2

JUSTIFYING circu !tance" #$en t$e act of t$e accu!e% i! in accor%ance #it$ &a#, $e incur! N' cri ina& &ia(i&ity ) !ince t$ere i! no cri e, t$ere i! no cri ina&

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same degrees, and those by consanguinity within the fourth civil degree, provided the following re>uisites are present: =irst8 )nlawful aggression; +econd8 Reasonable necessity of the means employed to prevent or repel it; Third8 'n case the provocation was given by the person attac"ed, that the one ma"ing defense had $% part therein8 98 *nyone who acts in defense of the person or rights of a +TR*$!ER, provided that the following are present: =irst8 )nlawful aggression; +econd8 Reasonable necessity of the means employed to prevent or repel it; Third8 The person defending be $%T induced by revenge, resentment or other evil motive8 :8 *ny person who, in order to avoid an evil or in-ury, does an act which causes damage to another, provided the following re>uisites are present: =irst8 That the evil sought to be avoided actually e,ists; +econd8 That the in-ury feared be !RE*TER than that done to avoid it; Third8 That there be $% other practical and less harmful means of preventing it8 <8 *ny person who acts in the fulfillment of a duty %R in the lawful e,ercise of a right or office8 F8 *ny person who acts in obedience to an order issued by a superior for some lawful purpose8 ircumstances which E=EMPT9 a person from criminal liability: 5*rticle 76/ 78 *n imbecile %R an insane person, )$(E++ the latter has acted during a lucid interval ;hen an imbecile or an insane person has committed an act which the law defines as a felony 5delito/, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall $%T be permitted to leave without first obtaining permission of the same court 'nsanity: e,ists when there is %MP(ETE deprivation of intelligence; mere abnormality of the mental faculties will $%T e,clude imputability # insane person is e,empt only when shown that he acted during the absence of a lucid interval 'mbecility: e,ists when a person of advanced age has the mental development comparative to that of a child between 6 and A years of age # imbecile is e,empt in *(( cases from criminal liability

68 B* person under fifteen years old 5+ection F, R* @9:: # minimum age of responsibility is 7< years # children under 7< years are sub-ect to an intervention program under +ection 6G, R* @9::/C 98 B* person over 7< years of age and under 7?, )$(E++ he acted with discernment, in which case, such minor shall be sub-ect to an diversion program under R* @9::C :8 *ny person who, while performing a lawful act with due care, causes and in-ury by mere * '4E$T without fault or intention of causing it <8 *ny person who acts under the compulsion of an irresistible force F8 *ny person who acts under the impulse of an uncontrollable fear of an e>ual or greater in-ury A8 *ny person who fails to perform an act re>uired by law, when prevented by some lawful or insuperable cause

The following are 0i"i+a"in+: circumstances: 5*rticle 79/ 78 Those mentioned in the preceding chapter 5covering *rticle 77 and 76/, when all the re>uisites necessary to -ustify the act %R to e,empt from criminal liability in the respective cases are $%T attendant

*+*,-TING circu !tance" a&t$ou.$ t$e act i! cri ina&, t$e aut$or i! N'T cri ina&&y &ia(&e (ecau!e t$ere i! !o et$in. &ac/in. in t$e a.ent of t$e cri e #$ic$ #ou&% a/e t$e act IN0'1UNTA2Y 4 ,ITIGATING circu !tance!" !$o#! 1*SS*2 -*20*2SITY of t$e offen%er an% #$ic$ #i&& re!u&t in t$e i 3o!ition of ,INI,U, 3erio% of 3ena&ty 3re!cri(e% (y &a#

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2. That the offender is under 7? years of age %R over AG years

<

98 That the offender had $% intention to commit so grave a wrong as that committed 5PR*ETER '$TE$T'%$EM/ :8 That sufficient provocation or threat on the part of the offended party immediately preceded the act <8 That the act was committed in the 'MME4'*TE V'$4' *T'%$ of a grave offense to the one committing the felony 5delito/, his spouse, ascendants, descendants, legitimate, natural, or adopted brothers or sisters, %R relatives by affinity within the same degrees F8 That of having acted upon an impulse so powerful as naturally to have produced passion or obfuscation A8 That the offender had voluntarily surrendered himself to a person in authority or his agents, %R that he had voluntarily confessed his guilt before the court PR'%R to the presentation of evidence for the prosecution ?8 That the offender is deaf and dumb, blind, or otherwise suffering some physical defect which thus RE+TR' T+ his means of action, defense, or communication with his fellow beings @8 +uch illness of the offender as would 4'M'$'+0 the e,ercise of the willJpower of the offender without however depriving him of consciousness of his acts 7G8 *nd, finally, any other circumstances of a similar nature and analogous to those aboveJ mentioned The following are a++!ava"in+F circumstances: That 5*rticle 7:/ 78 *dvantage be ta"en by the offender of his public position8 Re>uires that the accused as a public officer )+E4 the influence or reputation of his position for the purpose of committing the crime 5People vs8 +umaoy, !R 7G<@F7, %ctober 66, 7@@F/

68 The crime be committed in contempt of or with insult to the public authorities8 98 The act be committed: ;ith insult or in disregard of the respect due the offended party on account of his ran", age, or se,, %R 'n the 4;E(('$! of the offended party, if the latter has $%T given provocation8 4isregard of age and se, pertains to the RE(*T'%$+0'P of the victim 5who is a AGJ year old ;%M*$/ and the appellant 5who is a 6AJyear old M*$/ at the time of the commission of the offense BPeople vs8 (apa3, !R F??@?, March 97, 7@?@C 4welling is appreciated as an aggravating circumstance if the victim was ta"en from the "itchen where she coo"s and resides and as raped in an unfinished construction site 6GG meters away # it is enough that the unlawful aggression started from the victim1s place of residence 5People vs8 4e (a Torre, Eanuary 7<, 6GG6/ 4welling is aggravating in Robbery with 0omicide because this "ind of robbery can be committed without the necessarily transgressing the sanctity of the house 5People vs8 *lmoguerra, :7< + R* F:A/ 4welling is aggravating even if the accused shot the victim from outside the of the victim1s house :8 The act be committed with abuse of confidence %R obvious ungratefulness <8 The crime be committed: 'n the palace of the hief E,ecutive, or 'n his 5 hief E,ecutive1s/ presence, or ;here public authorities are engaged in the discharge of their duties, or 'n a place dedicated to religious worship8

F8 The crime be committed in the $'!0TT'ME or in an )$'$0*&'TE4 place, or by a &*$4 A, whenever such circumstances may facilitate the commission of the offense
5 6

A(ove 15 year! an% un%er 18 ) !u(4ect to an intervention 3ro.ra AGG2A0ATING circu !tance" !$o#! t$e G2*AT*2 -*20*2SITY of t$e offen%er an% #$ic$ #i&& re!u&t in t$e i 3o!ition of t$e ,A+I,U, 3erio% of t$e 3ena&ty 3re!cri(e% (y &a# '2 !$a&& 5ATA-U1T t$e cri e to a $i.$er cate.ory

12 (^_^) ICY

6 tests of nocturnity as an aggravating circumstance: 5People vs8 !arcia, !R lJ9G::@, %ctober 97, 7@A@/ the tests should be applied in the *(TER$*T'VE a/ %b-ective test # nocturnity is aggravating because it facilitates the commission of the offense, and b/ +ub-ective test # nocturnity is aggravating because it was purposely sought by the offender $ighttime was considered aggravating even if there was $% direct evidence showing that the conspirators sought it # the fact that they lingered in the restaurant close to 9 hours before carrying out their plan to rob '$4' *TE4 that they waited for dar"ness to deepen to pursue their evil scheme and to insure their escape under cover of night 5People vs8 (ungbos, 7?6 + R* 9?6/

The )$'$0*&'TE4$E++ of a place is determined by whether or $%T at the place of the commission, there was !easona,le possi,ili"- o1 "2e vic"i0 !eceivin+ so0e 2elp # not by the distance of the nearest house at the scene of the crime 5People vs8 4amaso, !R (J9G77F, $ovember 6G, 7@A?/

A8 The crime be committed on the occasion of a conflagration, shipwrec", earth>ua"e, epidemic, or other calamity or misfortune I)*('=2'$! aggravating circumstance # accused who in the midst of a great calamity, instead of lending aid or support to the afflicted, *44+ to their suffering by ta"ing advantage of their suffering to despoil them

?8 The crime be committed with the aid of a!0ed men %R persons who ins%!e o! a11o!d i0p%ni" 6 Re>uisites for crime committed with the aid of armed men: 5)+ vs8 *baigar, !R 76<<, *ugust 7A, 7@G9/ a/ The armed persons "oo' pa!" in the commission of the crime by directly or indirectly giving aid to the accused # $%T mere casual presence; b/ The accused availed himself of their aid or !elied upon them when the crime was committed

9. The accused is a recidivist?

7G8 The offender has been previously punished for an offense to which the law attaches an e>ual or greater penalty %R for 6 or more crimes to which it attaches a lighter penalty 5:a,i"%ali"- o! !ei"e!acion/ 778 The crime be committed in consideration of a price, reward, or promise I)*('=2'$! aggravating circumstance affecting ,o"2 the giver and the receiver

768 The crime be committed be committed by means of: 'nundation, =ire, Poison, E,plosion, +tranding of a vessel or intentional damage thereto, 4erailment of a locomotive, %R &y the use of any other artifice involving !RE*T ;*+TE and R)'$8

798 The act be committed with evident premeditation

7

6$enever ,'2* T7AN 3 A2,*8 a&efactor! !$a&& $ave acte% to.et$er in t$e co i!!ion of an offen!e, it !$a&& (e %ee e% to $ave (een co itte% (y a 9AN8 :!econ% 3ara.ra3$, Artic&e 1;:<== > ;? a&efactor! #$o are A2,*8 8 A 2*5I8I0IST i! one #$o, at t$e ti e of $i! tria& for one cri e, !$a&& $ave (een 3reviou!&y convicte% (y fina& 4u%. ent of anot$er cri e e (race% in t$e SA,* tit&e of t$e 2-5 :!econ% 3ara.ra3$, Artic&e 1;:9==

13 (^_^) ICY

Elements of evident premeditation: 5People vs8

anete, :7G + R* <::/

a/ The "i0e when the offender decided to commit the offense; b/ *ct manifestly indicating that the offender had clung to his determination; and c/ +ufficient interval of time from the decision of the offender to commit the offense up to its e,ecution 7:8 raft, fraud, or disguise be employed 7<8 *dvantage be ta"en of superior strength %R means be employed to wea"en the defense *buse of superior strength is a I)*('=2'$! aggravating circumstance which would catapult the "illing to Murder Advan"a+e ,e "a'en o1 s%pe!io! s"!en+"2 : to deliberately use E. E++'VE force that is cut out of proportion to the means for selfJdefense available to the person attac"ed 5People vs8 (obingas, 9@: + R* 7AG/ =or the aggravating circumstance to be considered, the +'LE, *!E, and +TRE$!T0 of the parties must be considered # there must be a notorious ine>uality of the forces between the victim and the aggressor giving the latter a superiority in strength 5People vs8 0ugo, :7G + R* F6/ +uperiority in number does $%T mean abuse of superior strength # it is necessary to prove that the accused cooperated and too" advantage of their superior strength 5People vs8 *liben, 9@? + R* 6<</ +everal offender but some of them participated as * %MP(' E+ in the commission of the crime # there is $% abuse of superior strength Employing means to wea"en the defense is a I)*('=2'$! aggravating circumstance which would catapult the "illing to Murder Throwing sand in the face %R into,icating the victim before he was attac"ed 7F8 The act be committed with "!eac2e!-@ 5alevosia/ Treachery is present in crimes against PER+%$+ %$(2 5People vs8 +olamillo, :G: + R* 677/ 6 onditions must concur for treachery: 5People vs8 Escarlos, :7G + R* :F9/ a/ Employment of means of e,ecution that gives the person attac"ed $% opportunity for selfJdefense or retaliation; and b/ #eli,e!a"e and conscio%s adoption of the means of e,ecution Treachery is present when the shooting was )$E.PE TE4 and +)44E$, giving the unarmed victim $% chance whatsoever to defend himself, thereby ensuring ;'T0%)T ris" to the aggressor the commission of the crime 5People vs8 Rubiso, 9@@ + R* 6FA/ %R ;'T0%)T the slightest provocation on the part of the victim 5People vs8 !regorio, :76 + R* @G/ The "illing of M'$%R children who, by reason of their tender years, could $%T be e,pected to put up a defense is considered attended with treachery even if the manner of attac" was $%T shown 5People vs8 *lmoguerra, :7< + R* F:A/ Treachery does $%T change the nature of a +PE '*( %MP(E. R'ME # the essence of treachery lies in the adoption of ways that minimi3e or neutrali3e any resistance which may be put up by offended party ;hen treachery obtains in the special comple, crime of Robbery with 0omicide, such treachery is to be regarded as a !E$ER' aggravating circumstance # Robbery with 0omicide being a case of a composite crime with its %;$ definition and special penalty in the RP 5People vs8 ando, 99: + R* 997/ 't must be alleged in the 'nformation to be appreciated 5People vs8 !uevarra, <AG + R* 6??/

T2*A57*2Y" #$en t$e offen%er co it! any of t$e cri e! a.ain!t t$e 3er!on, *,-1'YING ean!, et$o%! or for ! in t$e e@ecution t$ereof #$ic$ ten% %irect&y an% !3ecia&&y to INSU2* it! e@ecution, 6IT7'UT ri!/ to $i !e&f ari!in. fro t$e %efen!e #$ic$ t$e offen%e% 3arty i.$t a/e :!econ% 3ara.ra3$, Artic&e 1; :1<==

14 (^_^) ICY

7A8 Means be employed or circumstances brought about which add '!$%M'$2 to the natural effects of the act The act of the accused in having anal intercourse with the woman after "illing her is, undoubtedly, an outrage of her corpse 5People vs8 &utler, !R (J<G6AF, Eanuary 6A, 7@@9/ Parading of the head of the victim after the accused beheaded him is scoffing at the corpse of the dead # it I)*('='E+ the crime to murder

18. The crime be committed *=TER an unlawful entry7G8

7@8 *s a means to the commission of a crime, ad wall, roof, floor, door, or window be bro"en8 6G8 The crime be committed: ;ith the aid of persons under 7< years of age, %R &y means if motor vehicle, motori3ed watercraft, airships, or other similar means The use of a motor vehicle is a I)*('=2'$! aggravating circumstance # it catapults the "illing to murder The use of a motor vehicle is aggravating in Murder where the said vehicle was used in TR*$+P%RT'$! the victim and the accused # it is aggravating because it facilitates the commission of the crime 5People vs8 %ng, !R (J 9::@A, Eanuary 9G, 7@A</ 'f the use of the motor vehicle was used to facilitate the E+ *PE of the offender, it is $%T aggravating # if use is merely incidental and was $%T purposely sought to facilitate the offense %R to render the escape of the offender easier 5People vs8 *studillo, :G7 + R* A69/ 678 The wrong done in the commission of the crime be 4E('&ER*TE(2 *)!ME$TE4 by causing other wrong $%T necessary for its commission I)*('=2'$! aggravating circumstance ruelty is appreciated if there is a showing that the accused, for his pleasure and satisfaction, caused the victim to suffer slowly and painfully *$4 inflicted upon the victim unnecessary physical and moral pain The mere fact that the wounds in e,cess of what was indispensably necessary to cause death were found in the body of the victim does $%T necessarily imply that such wounds were inflicted with cruelty # when there was no intention shown of deliberately and inhumanly intensifying or aggravating the sufferings of the victim 5People vs8 *llan, et al8 6:< + R* <:@/ There must be evidence that the wounds were inflicted while the victim was still alive

Al"e!na"ive ci!c%0s"ances: those which must be ta"en into consideration as aggravating %R mitigating according to the nature and effects of the crime and other conditions attending its commission8 They are the: 5*rticle 7</ 7/ Relationship, The alternative circumstance of relationship shall be ta"en into consideration when the %==E$4E4 party is the spouse, ascendant, descendant, legitimate, natural, or adopted brother or sister, or relative by affinity in the same degrees of offender

6/ 'nto,ication, and Ta"en into consideration as a M'T'!*T'$! circumstance when the offender has committed a felony in a state of into,ication, if the same is $%T habitual %R subse>uent to the plan to commit said felony; ;hen into,ication is habitual %R intentional, it shall be considered as an *!!R*V*T'$! circumstance

10

T$ere i! an UN1A6FU1 *NT2Y #$en an entrance i! effecte% (y a #ay N'T inten%e% for t$e 3ur3o!e :!econ% 3ara.ra3$, Artic&e 1; :18==

15 (^_^) ICY

9/ 4egree of instruction and education of the offender *bsolutory causes Effect: to absolve the offender from criminal liability, although not from civil liability8 't has the same effect as an e,empting circumstance, but it is ot called as such in order $%T to confuse it with the circumstances under *rticle 768 57/ *rticle 6G provides that the penalties prescribed for accessories shall $%T be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters, or relatives by affinity within the same degrees with the E. EPT'%$ of accessories who profited themselves or assisting the offender to profit by the effects of the crime8 56/ Then, *rticle ?@ provides how criminal liability is e,tinguished: 4eath of the convict as to the personal penalties, and as to pecuniary penalties, liability therefor is e,tinguished if death occurs before final -udgment; +ervice of the sentence; *mnesty; *bsolute pardon; Prescription of the crime; Prescription of the penalty; and Marriage of the offended woman as provided in *rticle 9:: 59/ * legally married person who "ills or inflicts physical in-uries upon his or her spouse whom he surprised having se,ual intercourse with his or her paramour or mistress in $%T criminally liable 5*rticle 6:A/ 5:/ 4iscovering secrets through sei3ure of correspondence of the ward by their guardian is $%T penali3ed 5*rticle 67@/ 5</ 'n case of theft, swindling and malicious mischief, there is $% criminal liability but only civil liability, when the offender and the offended party are related as spouse, ascendant, descendant, brother and sisterJinJlaw living together or where in case the widowed spouse and the property involved is that of the deceased spouse, before such property had passed on to the possession of third parties 5*rticle 996/ 5F/ 'n cases of seduction, abduction, acts of lasciviousness, and rape, the marriage of the offended party shall e$"in+%is2 the criminal action 5*rticle 9::/ *bsolutory cause has the effect of an e,empting circumstance and they are predicated on lac" of voluntariness li"e instigation8 'nstigation is associated with criminal intent, but $%T connected with culpa8 'f the crime is culpable, it is $%T considered as instigation8 'n instigation, the crime is committed with dolo8 't is confused with entrapment8 Entrapment is $%T an absolutory cause8 Entrapment does $%T e,empt the offender or mitigate his criminal liability8 &ut instigation absolves the offender from criminal liability because in instigation, the offender simply acts as a tool of the law enforcers and, therefore, he is acting without criminal intent because without the instigation, he would $%T have done the criminal act which he did upon instigation of the law enforcers

E,tenuating circumstances # effect: to mitigate the criminal liability of the offender; same effect as mitigating circumstances, but $%T called mitigating since this is $%T found in *rticle 79 *n unwed mother "illed her child in order to conceal a dishonor8 The concealment of dishonor is an e,tenuating circumstance insofar as the unwed mother or the maternal grandparents is concerned, but not insofar as the father of the child is concerned8 Mother "illing her new born child to conceal her dishonor, penalty is lowered by 6 degrees8 +ince there is a material lowering of the penalty or mitigating the penalty, this is an e,tenuating circumstance8 oncealment of honor by mother in the crime of infanticide is an e,tenuating circumstance but $%T in the case of parricide when the age of the victim is 9 days old and above *dultery on the part of a married woman abandoned by her husband, at the time she was abandoned by her husband, is it necessary for her to see" the company of another man8 *bandonment by the husband does $%T -ustify the act of the woman8 't only e,tenuates or reduces criminal liability8 ;hen the effect of the circumstance is to lower the penalty there is an e,tenuating circumstance8

16 (^_^) ICY

* "leptomaniac is one who cannot resist the temptation of stealing things which appeal to his desire8 This is $%T e,empting8 %ne who is a "leptomaniac and who would steal ob-ects of his desire is criminally liable8 &ut he would be given the benefit of a mitigating circumstance analogous to *rticle 795@/, that of suffering from an illness which diminishes the e,ercise of his will power without, however, depriving him of the consciousness of his act8 +o this is an e,tenuating circumstance8

a. #ec!ee Codi1-in+ "2e Laws on Ille+al / >nlaw1%l Possession Man%1ac"%!e #ealin+ in Ac5%isi"ion o! #isposi"ion o1 /i!ea!0s A00%ni"ion o! E$plosives (P.#. 1?88 as a0ended ,- R.A. ?2*7. as an a++!ava"in+ ci!c%0s"ance o 'f 0%M' '4E or M)R4ER is committed with the use of unlicensed firearm, such use of an unlicensed firearm shall be considered as an *!!R*V*T'$! circumstance 59 rd par8, +ection 7, P4 7?FF as amended/ 'f the violation is in furtherance of %R incident to, %R in connection with the crime of rebellion, insurrection, sedition, or attempted coup d1etat, such violation shall be *&+%R&E4 as an element of the crime of rebellion, insurrection, sedition, or attempted coup d1etat 5: th par8, +ection 7, P4 7?FF as amended/

,. T2e Co0p!e2ensive #an+e!o%s #!%+s Ac" o1 2002 (R.A. *189. (1. As a 5%ali1-in+ a++!ava"in+ ci!c%0s"ance $otwithstanding the provision of any law to the contrary, a P%+'T'VE finding for the use of dangerous drugs shall be a >ualifying77 aggravating circumstance in the commission of a crime by an offender, and the application of the penalty provided for in the RP shall be applicable 5+ection 6<, R* @7F</

(2. I00%ni"- 1!o0 p!osec%"ion and p%nis20en" cove!a+e ;0% are immune: any person 5+ection 99, R* @7F</ 78 ;ho has violated: a/ +ection A 5Employees and Visitors of a 4en, 4ive or Resort/, b/ +ection 77 5Possession of 4angerous 4rugs/, c/ +ection 76 5Possession of E>uipment, 'nstrument, *pparatus and other Paraphernalia for 4angerous 4rugs/, d/ +ection 7: 5Possession of E>uipment, 'nstrument, *pparatus and other Paraphernalia for 4angerous 4rugs 4uring Parties, +ocial !atherings or Meetings/, e/ +ection 7< 5)se of 4angerous 4rugs/, and f/ +ection 7@ 5)nlawful Prescription of 4angerous 4rugs/; *$4 who willingly TE+T'='E+ against such persons as described above 68 ;ho voluntarily gives information about: a/ *ny violation of i8 ii8 iii8 iv8 v8 +ection : 5'mportation of 4angerous 4rugs andMor ontrolled Precursors and Essential hemicals/, +ection < 5+ale, Trading, *dministration, 4ispensation, 4elivery, 4istribution, and Transportation of 4angerous 4rugs andMor ontrolled Precursors and Essential hemicals/, +ection F 5Maintenance of 4rug 4en, 4ive or Resort/, +ection ? 5Manufacture of 4angerous 4rugs andMor ontrolled Precursors and Essential hemicals/, +ection 7G 5Manufacture or 4elivery of E>uipment, 'nstrument, *pparatus, and %ther Paraphernalia for 4angerous 4rugs andMor ontrolled Precursors and Essential hemicals/,

11

AUA1IFYING a..ravatin. circu !tance !$a&& 2AIS* t$e cate.ory of t$e offen!e an% .ive! it a 3ro3er na e

17 (^_^) ICY

vi8 vii8

+ection 79 5Possession of 4angerous 4R)!+ 4uring Parties, +ocial !atherings or Meetings/, and +ection 7F 5 ultivation or ulture of Plants lassified as 4angerous 4rugs or are +ources Thereof/;

b/ *ny violation of the offenses mentioned if committed by a drug syndicate, or c/ *ny information leading to the whereabouts, identities and arrest of all of any of the members thereof; *$4 who willingly TE+T'='E+ against such persons as described above 98 +aid person shall be E.EMPTE4 from prosecution or punishment for the offense with reference to which his or her information of testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution: PR%V'4E4, that the following condi"ions concur: a/ The information and testimony are $E E++*R2 for the conviction of the persons described above; b/ +uch information and testimony are $%T yet in possession of the +tate; c/ +uch information and testimony can be corroborated in its material points; d/ The informant or witness has $%T been previously convicted of a crime involving moral turpitude, E. EPT when there is $% other direct evidence available for the +tate other than the information and testimony of said informant or witness; e/ The informant or witness shall strictly and faithfully comply without delay, any condition or underta"ing, reduced into ;R'T'$!, lawfully imposed by the +tate as further consideration for the grant of immunity from prosecution and punishment; f/ This immunity may be en-oyed by such informant or witness who does $%T appear to be most guilty for the offense with reference to which his or her information or testimony were given; and g/ There is $% direct evidence available for the +tate e,cept for the information and testimony of said informant or witness (4. Mino! o11ende!s 'f the offender is 7< years old or less at the time of the commission of the offense, he is e,empt from criminal liability but $%T from civil liability; he shall be sub-ect to an intervention program pursuant to +ection 6G, R* @7F<: The authority which will have an initial contact with the child has the duty to immediately release the child to the custody of his or her parents, %R in the absence thereof, the child1s nearest relative +aid authority shall give $%T' E to the local social welfare and development officer who will determine the appropriate programs in consultation with the child and to the person having custody over the child

'f offender is more than 7< but less than 7? years at the time he committed the offense, he is still e,empt from criminal liability, )$(E++ he acted with discernment 'f the offender who is above 7< but below 7? years at the time of the commission of the crime acted wi"2 disce!n0en", he shall undergo the 4'VER+'%$ PR%!R*M prescribed by law *n accused who is %VER 7< years of age at the time of the commission of the crime but $%T more than 7? years of age at the time when -udgment should have been promulgated after having been found guilty of said offense may be given the benefits of a +)+PE$4E4 +E$TE$ E, sub-ect to the following conditions: 5+ection FF, R* @7F</ a/ 0e or she has $%T been previously convicted of violating any provision of R* @7F<, or of the RP , or of any special penal laws;

18 (^_^) ICY

b/ 0e or she has $%T been previously committed to a enter or to the care of a 4%0Jaccredited physician; and c/ The 4angerous 4rugs &oard favorably recommends that his or her sentence be suspended (7. Applica"ion/Non applica"ion o1 RPC p!ovisions (Sec. *? R.A. *189. c1. A!". 10 RPC $otwithstanding any law, rule or regulation to the contrary, the provisions of the RP shall $%T apply to the provisions of the R* @7F<, E. EPT in the case of M'$%R offenders 5+ection @?, R* @7F</ ;here the offender is a M'$%R, the penalty for the acts punishable by life imprisonment to death provided herein shall be reclusion perpetua to death

%ffenses which or in the future may be punishable under special laws are $%T sub-ect to the provisions of the RP 5*rticle 7G, RP / RP shall be +)PP(EME$T*R2 to special laws, )$(E++ the latter should specially provide the contrary

'n imposing the penalty for offenses under special laws, the rules on mitigating and aggravating circumstances under the RP *$$%T and +0%)(4 $%T be applied 5People vs8 +imon, !R @9G6?, Euly 6@, 7@@:/ +pecial laws have their own specific penalties and which penalties were $%T ta"en from or with reference to those in the RP +ince the penalties by special laws did $%T provide for the minimum, medium or ma,imum periods, it should conse>uently be impossible to consider the modifying circumstances whose main function is to determine the period of the penalty in accordance with the rules in *rticle F:, RP

c. <%venile <%s"ice and Wel1a!e Ac" o1 2008 (R.A. *477.@ also !e1e! "o C2ild and Ao%"2 Wel1a!e Code (P.#. 804 as a0ended. (1. #e1ini"ion o1 c2ild in con1lic" wi"2 "2e law * child who is alleged as, accused of, or ad-udged as, having committed an offense under Philippine laws 5+ection :5e/, R* @9::/

(2. Mini0%0 a+e o1 c!i0inal !esponsi,ili"- # 7< years old 5+ection F, R* @9::/ * child 7< years of age or )$4ER at the time of the be E.EMPT from criminal liability %MM'++'%$ of the offense shall

0owever, the child shall be sub-ected to an '$TERVE$T'%$ PR%!R*M pursuant to +ection 6G, R* @9::

* child above 7< years but below 7? years shall li"ewise be e,empt from criminal liability *$4 be sub-ected to an intervention program, )$(E++ he or she has acted with 4'+ ER$ME$T, in which case, such child shall be sub-ected to the appropriate proceedings in accordance with R* @9:: The e,emption from criminal liability does $%T include e,emption from civil liability, which shall be enforced in accordance with e,isting laws

(4. #e"e!0ina"ion o1 a+e (Sec"ion B RA *477. The child in conflict with the law shall en-oy the presumption of minority 0e or she shall en-oy all the rights of a child in conflict with the law until he or she is proven to be 7? years of age or older

19 (^_^) ICY

The age of the child may be determined from the child1s birth certificate, baptismal certificate or any other pertinent documents 'n absence of these documents, age may be based on information from the child himselfMherself, testimonies of other persons, physical appearance of the child and other relevant evidence 'n case of 4%)&T, it shall be resolved in his or her favor

(7. E$e0p"ion 1!o0 c!i0inal lia,ili" Persons below 7? years of age shall be E.EMPT from prosecution for the following crimes, such prosecution being inconsistent with the )nited $ations onvention on the Rights of the hild, PR%V'4E4 that said persons shall undergo appropriate co%nselin+ and "!ea"0en" p!o+!a0: 5+ection <?, R* @9::/ a/ b/ c/ d/ Vagrancy under *rticle 6G6, RP , Prostitution under *rticle 6G6, RP , Mendicancy under P4 7<F9, and +niffing of rugby under P4 7F7@

d. An"i)Ciolence a+ains" Wo0en and "2ei! C2ild!en Ac" o1 2007 (R.A. *282. 6 &a""e!ed wo0an s-nd!o0e o &attered woman: a woman who is repeatedly sub-ected to any forceful physical or psychological behavior by a man in order to coerce her to do something he wants her to do ;'T0%)T concern for her rights8 'n order to be classified as a battered woman, the couple must go through the acute battering cycle at least T;' E 5People vs8 Marivic !enosa, !R 79<@?7, Eanuary 7<, 6GG:; +eptember 6@, 6GGG/ 9 Phases of ycle of Violence in the &attered ;oman +yndrome:

7/ TensionJbuilding phase: minor battering occurs8 't could be verbal or slight physical abuse %R another form of hostile behavior; 6/ *cute battering incident: characteri3ed by brutality, destructiveness and, sometimes, death; 9/ Tran>uil period: final phase of the cycle of violence which begins when the acute battering incident ends8 The batterer may show tender nurturing behavior towards his partner o &attered ;oman +yndrome as a 4E=E$+E 5+ection 6F, R* @6F6/ VictimJsurvivors who are found by the court to be suffering from battered woman syndrome do $%T incur any criminal or civil liability notwithstanding the absence of any of the elements for -ustifying circumstances of selfJdefense under the RP 'n determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the court shall be assisted by e,pert psychiatrists or psychologists

7. Pe!sons C!i0inall- Lia,le ;0% are criminally liable 5*rticle 7F/ The following are criminally liable for grave and less grave felonies: 78 Principals 68 *ccomplices 98 *ccessories The following are criminally liable for light offenses: 78 Principals 68 *ccomplices

20 (^_^) ICY

The following are considered PR'$ 'P*(+: 5*rticle 7A/ 78 Those who ta"e a direct part in the e,ecution of the act; 68 Those who directly force or induce others to commit it; 98 Those who cooperate in the commission of the offense by another act without which it would $%T have been accomplished

* %MP(' E+: are persons who, $%T being included in *rticle 7A, cooperate in the e,ecution of the offense by previous or simultaneous acts 5*rticle 7?/ 0ow to determine liability of accomplices: 0e is $%T part of the conspiracy; *fter coming to "now about the conspiracy %R while the principal by direct participation is committing or had -ust committed an offense, he %$ )R+, %$=%RM+, or *PPR%VE+ the same; 0e shows his concurrence by previous or simultaneous acts; The acts he performed should $%T be greater or e>ual to the acts of the principal by direct participation; 0is participation should $%T be indispensable * and & agreed and decided to commit Robbery in the house of .8 * and & told about the plan and as"ed to drive them to .1s house8 drove * and & to the said house where * and & committed Robbery # is an accomplice because he concurred to the conspiracy and cooperated with * and & by driving to the crime scene * stabbed &8 saw what * did8 bo,ed & # is an accomplice because he concurred by bo,ing & and the act is lesser than the act of *

* E++%R'E+: are those who, having "nowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, ta"e part +)&+EI)E$T to its commission in any of the following manners: &y 78 Profiting themselves %R assisting the offender to profit by the effects of the crime; 68 oncealing or destroying the body of the crime, %R the effects or instruments thereof, in order to prevent its discovery; 98 0arboring, concealing, or assisting in the E+ *PE of the PR'$ 'P*( of the crime, Provided accessory acts with abuse of his functions %R

;henever the author of the crime is !)'(T276 of:

a/ b/ c/ d/ e/ Treason, Parricide, Murder, *n attempt to ta"e the life of the hief E,ecutive, or 's "nown to be habitually guilty of some other crime

a. #ec!ee PenaliDin+ O,s"!%c"ion o1 App!e2ension and P!osec%"ion o1 C!i0inal O11ende!s (P.#. 1?2*. (1. P%nis2a,le ac"s # any person who "nowingly or willfully obstructs, impedes, frustrates or delays the apprehension of suspects and the investigation and prosecution of criminal cases by committing of any of the following acts: 5+ection 7, P4 7?6@/ a/ Preventing witnesses from testifying in any criminal proceeding %R from reporting the commission of any offense or the identity of any offenderMs by means of &ribery, Misrepresentation, 4eceit, 'ntimidation, =orce or Threats; b/ *ltering, destroying, suppressing or concealing any paper, record, document or ob-ect with '$TE$T T% 'MP*'R its verity, authenticity, legibility, availability, or
12

T$e #or% GUI1TY i! t$e #ron. tran!&ation of t$e S3ani!$ te@t. It is enough that the principal COMMITTED AN OFFENSE. He does NOT have to be convicted or ound guilt! in the court

21 (^_^) ICY

admissibility as evidence in any investigation of or official proceedings in criminal cases, or to be used in the investigation of, or official proceedings in criminal cases; c/ 0arboring or concealing, or facilitating the E+ *PE of *$2 person, he "nows or has reasonable ground to believe or suspect, has committed any offense under e,isting penal laws in order to prevent his arrest, prosecution and conviction; d/ Publicly using a fictitious name for the purpose of oncealing a crime, Evading prosecution or the e,ecution of -udgment, or oncealing his true name and other personal circumstances for the same purpose or purposes; R'M'$*( cases by

e/ 4elaying the prosecution of f/

%bstructing the service of process or court orders or 4isturbing proceedings in the fiscal1s 5prosecutor1s/ offices, in Tanodbayan, or in the courts;

Ma"ing, presenting or using *$2 record, document, paper or ob-ect ;ith "nowledge of its falsity and ;ith intent to affect the outcome of the investigation of, or official proceedings in R'M'$*( cases;

g/ +oliciting, accepting, or agreeing to accept *$2 benefit in consideration of abstaining from, discontinuing, or impeding the prosecution of a criminal offender; h/ Threatening directly or indirectly another with the infliction of any wrong upon his person, honor or property or that of any immediate memberMs of his family in order to prevent such person from appearing in the in the investigation of, official proceedings in criminal cases, %R 'mposing a condition, whether lawful or unlawful, in order to prevent a person from appearing in the investigation of, or in official proceedings in criminal cases; i/ !iving of false or fabricated information to M'+(E*4 or PREVE$T the law enforcement agencies -/ =rom apprehending the offender or =rom protecting the life or property of the victim; %R

=abricating information from the data gathered in confidence by investigating authorities for purposes of bac"ground information and $%T for publication and publishing or disseminating the same to mislead the investigator or the court

(2. Co0pa!e wi"2 A!"icle 20 RPC (accesso!ies e$e0p" 1!o0 c!i0inal lia,ili"-. The penalties prescribed for accessories shall $%T be imposed upon those who are with such respect to their: 5*rticle 6G, RP / a/ b/ c/ d/ e/ +pouses, *scendants, 4escendants, (egitimate, natural, and adopted brothers and sisters, or Relatives by affinity within the same degrees

;ith the single e,ception of accessories falling within the provisions of paragraph 7, *rticle 7@, RP Those who assist the principal of a crime to escape may be prosecuted under P4 7?6@ not as an accessory but a PR'$ 'P*(, provided that a separate information shall be prepared for the crime of %bstruction of Eustice The e,ception in *rticle 6G, RP does $%T apply to P4 7?6@

9. Penal"ies

22 (^_^) ICY

a. 3ene!al P!inciples 6 Ac" P!o2i,i"in+ "2e I0posi"ion o1 #ea"2 Penal"- in "2e P2ilippines (R.A. *478. o The imposition of the penalty of death is hereby PR%0'&'TE4 5+ection 7, R* @9:F; approved Eune 6:, 6GGF/ *ccordingly, R* ?7AA 5*ct 4esignating 4eath by (ethal 'n-ection/ is hereby REPE*(E4 R* AF<@ 54eath Penalty (aw/ and all other laws, e,ecutive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly

'n lieu of death penalty, the following shall be imposed: 5+ection 6, R* @9:F/ a/ The penalty of RE nomenclature of the b/ The penalty of ('=E the nomenclature of ()+'%$ PERPET)*, when the law violated ma"es use of the penalties of the Revised Penal ode; or 'MPR'+%$ME$T, when the law violated does $%T ma"e use of the penalties of the RP

Persons convicted of offenses punished with reclusion perpetua, %R whose sentences were reduced to reclusion perpetua by reason of R* @9:F shall $%T be eligible for parole under *ct :7G9 5'ndeterminate +entence (aw/ B+ection 9, R* @9:FC $othing herein shall limit the power of the President to grant e,ecutive clemency under +ection 7@, *rticle V'' of the onstitution 5+ection :, R* @9:F/

,. P%!poses o The purpose of the +tate in punishing crimes is to secure -ustice8 The +tate of its own to maintain a conscience of its own to assert, and moral vindicated8 Penal -ustice must therefore be e,ercised by the +tate in satisfaction of a duty and rests primarily on the moral rightfulness of inflicted8 Padilla gave five theories -ustifying penalty: has an e,istence principles to be the service and the punishment

a8 Prevention # +tate must punish the criminal to prevent or suppress the danger to the +tate and to the public arising from the criminal acts of the offender; b8 orrection or reformation # ob-ect of punishment in criminal cases is to correct and reform, as the +tate has the duty to ta"e care of and reform the criminal; c8 E,emplarity # The criminal is punished to serve as an e,ample to deter others from committing crimes; d8 +ocial defense # +tate has the right to punish the criminal as a measure of a selfJ defense so as to protect society from the wrong caused by the criminal; and e8 Eustice # The absolute theory of penalty rests on the theory that crime must be punished by the +tate as an act of retributive -ustice, a vindication of absolute right and moral law violated by the criminal8 c. Classi1ica"ion o1 Penal"ies (A!"icle 29 and 28. o The penalties which may be imposed, according to the RP , and their different classes, are those included in the following: 5*rticle 6</ PR'$ 'P*( PE$*(T'E+ apital punishment: 4eath *fflictive penalties: Reclusion perpetua Reclusion temporal Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification Prision mayor =ine # if it e,ceeds F,GGG pesos 5*rticle 6F/

23 (^_^) ICY

&ond to "eep the peace orrectional penalties: Prision correccional *rresto mayor +uspension 4estierro =ine # if it is 6GG pesos or more but not more than F,GGG pesos 5*rticle 6F/ &ond to "eep the peace (ight Penalties: *rresto menor Public censure =ine # if it be less than 6GG pesos 5*rticle 6F/ &ond to "eep the peace * E++%R2 PE$*(T'E+ Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification +uspension from public office, the right to vote and be voted for, the profession or calling ivil interdiction 'ndemnification =orfeiture or confiscation of instruments and proceeds of the offense Payment of costs d. #%!a"ion and E11ec" o 4uration of penalties 5*rticle 6A/
#>RATION ACCESSORA PENALTIES 78 Perpetual absolute dis>ualification 68 ivil interdiction )$(E++ such accessory penalties have been e,pressly remitted in the pardon $% accessory penalties 78 ivil interdiction 68 Perpetual absolute dis>ualification )$(E++ the same have been e,pressly remitted in the pardon 78 Temporary absolute dis>ualification 68 Perpetual special dis>ualification from the right of suffrage )$(E++ the same have been e,pressly remitted in the pardon

PENALTA 4eath 5not e,ecuted by reason of %MM)T*T'%$ or P*R4%$/ 4eath 5e,ecuted/ Reclusion perpetua Reclusion temporal Prision mayor

6G years and 7 day T% :G years 76 years and 7 day T% 6G years F years and 7 day T% 76 years

Temporary dis>ualification Prision correccional

F years and 7 day T% 76 years, e,cept when imposed as accessory penalty # duration is that of the principal penalty F months and 7 day to F years

78 +uspension from public office 68 +uspension from right to follow a profession or calling 98 Perpetual special dis>ualification )$(E++ the dis>ualification shall have been e,pressly remitted in the pardon

+uspension

4estierro *rresto mayor *rresto menor &ond to peace "eep the

F months and 7 day to F years e,cept when imposed as accessory penalty # duration is that of the principal penalty F months and 7 day to F years 7 month and 7 day to F months 7 day to 9G days over such period of time as the court may determine

+uspension of the right to hold office and the right of suffrage during the term of the sentence

24 (^_^) ICY

The term of the duration of the: 5*rticle 6?/ TEMP%R*R2 penalties # computed from the day on which the -udgment of conviction shall have become ='$*( Penalty consisting of 4EPR'V*T'%$ %= ('&ERT2, if the offender be $%T in prison # computed from the day that the offender is placed at the disposal of the -udicial authorities for the enforcement of the penalty 5*rticle 6?/ %ther penalties # computed only from the day on which the defendant commences to serve his sentence

Period of PREVE$T'VE 'MPR'+%$ME$T 5*rticle 6@/ ;hen offenders or accused who have undergone preventive suspension shall be credited =)(( T'ME: 7/ %ffender is serving sentence consisting of deprivation of liberty 6/ 4etention prisoner agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners E. EPT in the following cases: 78 ;hen they are recidivists, %R have been convicted previously twice or more times of *$2 crime; and 68 ;hen upon being summoned for the e,ecution of their sentence, they have failed to surrender voluntarily 'f the detention prisoner does $%T agree to abide by the same disciplinary rules imposed upon convicted prisoners # credited in the service of his sentence with =%)RJ='=T0+ 5:M</ of the time during which he has undergone preventive imprisonment ;hen an accused has undergone preventive imprisonment for a period EI)*( to or M%RE than the possible ma,imum imprisonment of the offense charged to which he may be sentenced # released 'MME4'*TE(2 without pre-udice to the continuation of the trial thereof or the proceeding on appeal 'n case the ma,imum penalty to which the accused may be sentenced is 4E+T'ERR% # released *=TER 9G days of preventive imprisonment

Effect of penalties The penalties of perpetual or temporary *&+%()TE dis>ualification for public office shall produce the following effects: 5*rticle 9G/ 78 4eprivation of the public offices and employments which the offender may have held, even if conferred by popular election 68 4eprivation of the right to vote in *$2 election for *$2 popular elective office %R to be elected to such office 98 4is>ualification for the offices or public employments and for the e,ercise of any of the rights mentioned 'n case of temporary dis>ualification, such dis>ualification as is comprised in paragraph 6 and 9 of *rticle 9G shall last during the term of the sentence :8 The loss of all rights to retirement pay or other pension for any office formerly held The penalties of perpetual or temporary +PE '*( dis>ualification for P)&(' profession, or calling shall produce the following effects: 5*rticle 97/ 78 4eprivation of the office, employment, profession or calling affected office,

25 (^_^) ICY

68 4is>ualification for holding similar offices or employments either perpetually %R during the term of the sentence, according to the e,tent of such dis>ualification The perpetual or temporary special dis>ualification for the e,ercise of the right of suffrage shall: 5*rticle 96/ 78 4eprive the offender perpetually or during the term of the sentence, according to the nature of said penalty, of the right to vote in any popular election for any public office %R to be elected to such office 68 $%T permit the offender to hold any public office during the period of his dis>ualification ivil interdiction shall 4EPR'VE the offender during the time of his sentence of: 5*rticle 9:/ 7/ The rights of parental authority, %R guardianship, either as to the person or property of any ward, 6/ Marital authority, 9/ The right to manage his property, and :/ The right to dispose of such property by any act or conveyance inter vivos 't shall be duty of any person sentenced to give bond to "eep the peace: 5*rticle 9</ 7/ To present 6 sufficient sureties, who shall underta"e that a/ +uch person will $%T commit the offense sought to be prevented, and b/ 'n case such offense be committed, they will pay the amount determined by the court; %R 6/ %therwise, to deposit such amount in the office of the cler" of court to guarantee said underta"ing Effect of =*'()RE to give bond of peace # the person sentenced shall be detained for a period which shall 7/ $%T e,ceed F months # grave or less grave felony, 6/ $%T e,ceed 9G days # light felony +)&+'4'*R2 PE$*(T2 # if the convict has $% property with which to meet the fine, he shall be sub-ect to a subsidiary personal liability at the rate of one day for each E'!0T 5?/ pesos, sub-ect to the following rules: 5*rticle 9@/ 78 Principal penalty imposed be prision correccional %R arresto *$4 fine # offender shall remain in confinement until his fine is satisfied, but his subsidiary imprisonment shall: a/ $%T e,ceed %$EJT0'R4 57M9/ of the term of the sentence, b/ 'n $% case shall it continue for more than 7 year, and c/ $% fraction or part of a day be counted against the prisoner 68 Principal penalty imposed be %$(2 a ='$E # subsidiary imprisonment shall: a/ $%T e,ceed F months # culprit is prosecuted for grave or less grave felony, and b/ $%T e,ceed 7< days # light felony 98 Principal penalty imposed is 0'!0ER than prision correccional # $% subsidiary imprisonment shall be imposed upon the culprit

26 (^_^) ICY

:8 Principal penalty is $%T confinement in penal institution, but such penalty is of ='.E4 duration # convict shall continue to suffer the same deprivations as those of which the principal penalty consists <8 The subsidiary personal liability which the convict may have suffered by reason of his '$+%(VE$ 2 shall $%T relieve him from the ='$E in case his financial circumstances should improve e. Applica"ion o Penalty for %MP(E. R'ME+ 5*rticle :?/ # ;hen a single act constitutes 6 or more grave or less grave felonies, %R when an offense is a necessary means for committing the other, the penalty for the M%+T +ER'%)+ crime shall be imposed, the same to be applied in its M*.'M)M PER'%4 Penalty to be imposed upon PR'$ 'P*(+ when the crime committed is 4'==ERE$T from that intended 5*rticle :@/ *pplies only in a case of error in personae

Rules to be observed: 78 'f the penalty prescribed for the felony committed be 0'!0ER than that corresponding to the offense which the accused intended to commit # the penalty corresponding to the (*TTER is imposed in its M*.'M)M period 68 'f the penalty prescribed for the felony committed be (%;ER than that corresponding to the one which the accused intended to commit # the penalty for the =%RMER is imposed in its M*.'M)M period 98 The rules established $%T applicable if the acts committed by the guilty person shall also constitute an attempt or frustration of *$%T0ER crime, if the law prescribes a 0'!0ER penalty for either of the (*TTER offenses # penalty provided for the attempt or the frustrated crime shall be imposed in its M*.'M)M period o Penalty to be imposed in case of =*'()RE to commit the crime because the means employed or the aims sought are 'MP%++'&(E # The court, having in mind the social danger and the degree of criminality shown by the offender, shall impose the penalty of arresto mayor %R a fine of P6GG # P<GG when the person intending to commit an offense has already performed all the acts for the e,ecution of the same but nevertheless the crime was $%T produced by reason of the fact that: 5*rticle <@/ The act intended was by its nature one of impossible accomplishment %R The means employed by such person are essentially inade>uate to produce the result desired by him

Effects of M'T'!*T'$! or *!!R*V*T'$! circumstance and of 0*&'T)*( 4E('$I)E$ 2 # Rules: 5*rticle F6/ 78 *ggravating circumstances which in themselves constitute a crime +PE '*((2 punishable by law %R which are included by the law in defining a crime and prescribing the penalty therefor shall $%T be ta"en into account for the purpose of increasing the penalty8 75a/8 ;hen in the commission of the crime, advantage be ta"en by the offender of his public position # penalty imposed shall be in its M*.'M)M regardless of mitigating circumstances8 M*.'M)M penalty # imposed if offense is committed by any person who belongs to an organi3edMsyndicated crime group798 68 +ame rule shall apply with respect to any aggravating circumstances '$0ERE$T in the crime to such a degree that it must of necessity accompany the commission thereof8

13

'2GANIB*8CSYN8I5AT*8 52I,* G2'U-" t$e co i!!ion of ANY cri e

a .rou3 of 2 or

ore 3er!on! co&&a(oratin., confe%eratin. or

utua&&y $e&3in. one anot$er for 3ur3o!e! of GAIN in

27 (^_^) ICY

98 *ggravating or mitigating circumstance which arise from the following shall only serve to aggravate or mitigate the liability of the principals, accomplices, and accessories as to whom each circumstances are attendant: Moral attributes of the offender, 0is private relations with the offended party, or *ny other personal cause

:8 The circumstances which consist in the material e,ecution of the act, %R in the means employed to accomplish it, shall serve to aggravate or mitigate the liability of those persons %$(2 who had "nowledge of them at the time of the e,ecution of the act or their cooperation therein 5. 0abitual delin>uency7: shall have the following effects: a/ )pon a T0'R4 conviction b/ )pon a =%)RT0 conviction c/ )pon ='=T0 or *44'T'%$*( conviction $otwithstanding the provisions of this *rticle, the total of the 6 penalties imposed upon the offender shall in $% case e,ceed 9G years8 o 'n all cases in which the law prescribes a +'$!(E '$4'V'+'&(E PE$*(T2 # it shall be applied regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed 5first paragraph, *rticle F9/ o 'ndivisible penalties # death, reclusion perpetua

'n all cases which the law prescribes a penalty composed of 6 '$4'V'+'&(E penalties # Rules: 5second paragraph, *rticle F9/ 78 68 98 :8 %ne aggravating circumstance # !RE*TER penalty shall be applied $either mitigating nor aggravating # (E++ER penalty Mitigating circumstanceMs, $% aggravating # (E++ER penalty &oth mitigating and aggravating circumstances # courts shall reasonably allow them to %==+ET one another in consideration of their number and importance

Rules for application of penalties which contain T0REE PER'%4+ 5whether it be a single 4'V'+'&(E penalty or composed of 9 4'==ERE$T penalties, each one of which forms a period/: B*rticle F:C 78 $either mitigating nor aggravating circumstances # impose the penalty prescribed by law in its ME4')M PER'%4 68 %ne mitigating circumstance # M'$'M)M period 98 %ne aggravating # M*.'M)M period :8 &oth mitigating and aggravating circumstances # court shall reasonably %==+ET those of one class against the other according to their relative weight <8 Two 56/ or more mitigating and $% aggravating # penalty $E.T (%;ER to that prescribed by law, in the period that the court may deem applicable, according to the number and nature of such circumstances F8 ;hatever may be the number and nature of the aggravating circumstances, the court shall $%T impose a greater penalty than that prescribed by law, in its M*.'M)M period A8 ;ithin the limits of each period, the courts shall determine the e,tent of the penalty according to The number and nature of the aggravating and mitigating circumstances, and The greater or lesser e,tent of the evil produced by the crime

14

A 3er!on !$a&& (e %ee e% to (e 7A9ITUA1 8*1INAU*NT, if #it$in a 3erio% of 1D year! fro t$e %ate of $i! re&ea!e '2 &a!t conviction of t$e cri e! of !eriou! or &e!! !eriou! 3$y!ica& in4urie!, ro(o, $urto, e!tafa, or fa&!ificacion, $e i! foun% .ui&ty of any of !ai% cri e! a T7I28 ti e or 'FT*N*2 :&a!t 3ara.ra3$, Artic&e <2=

28 (^_^) ICY

Rule in cases which the penalty is $%T composed of T0REE PER'%4+ # the courts shall apply the rules contained in *rticle F9 and F:, dividing into T0REE e>ual portions the time included in the penalty prescribed, and forming one period of each of the three portions 5*rticle F</ Penalty imposed upon a person under 7? years of age 5*rticle F?/ 78 5R* @9::/ 68 )pon a person over 7< and under 7? years of age 5who acted with discernment/ # the penalty ne,t lower than that prescribed by law shall be imposed, but always in the proper period

Penalty to be imposed when the crime committed is $%T wholly e,cusable # penalty (%;ER by %$E or T;% 4E!REE+ than that prescribed by law N in view of the number and nature of the conditions of e,emption present or lac"ing 5*rticle F@/ 'ncomplete selfJdefense (ower by one degree if the condition of unlawful aggression is absent (ower by two degrees if the following conditions are absent: i8 ii8 )nlawful aggression O reasonable necessity of the means employed to prevent or repel it; %R )nlawful aggression O lac" of sufficient provocation on the part of the person defending himself

(1. Inde"e!0ina"e Sen"ence Law 5R* :7G9, as amended # 4ecember <, 7@99/ Inde"e!0ina"e sen"ence: sentence with a minimum term and a ma,imum term, which the court is mandated to impose to the benefit of the guilty person who is $%T dis>ualified *pplies to both violations of the RP and special laws with definite minimum and ma,imum terms (a. Applica"ion on "2e i0posed sen"ence 0%; T% ='. the '$4ETERM'$*TE +E$TE$ E: : +teps # 7/ 4etermine the crime and the penalty imposable 5P'/; 6/ =i, the proper degree 5P4/ # 4etermine if *rticle F: 5</, RP 56 or more mitigating and $% aggravating/ is present P (ower the penalty by one degree *rticle F?, RP 5minority/ is present P (ower by one degree *rticle F@, RP 5incomplete selfJdefense/ is present P (ower by one or two degrees

9/ =i, the minimum penalty # (ower the penalty by %$E degree from the P' or from the P4 if +tep 56/ is applicable This is the basis of the M'$'M)M without reference to any particular period

:/ =i, the ma,imum penalty # (,. Cove!a+e The law covers crimes punishable under the RP or by special law: !o %$E degree 0'!0ER from the minimum and loo" for remaining mitigating or aggravating circumstance, if any *pply the rules on offsetting in *rticle F:, RP

29 (^_^) ICY

5a/ Revised Penal ode # ma,imum term of indeterminate sentence is the penalty in view of the attending circumstances that can properly be imposed under the RP 8 Minimum is one degree lower than the penalty prescribed by the ode8 The minimum penalty should be within any period of the penalty ne,t lower in degree to that prescribed by law and the ma,imum should be within the proper period of the penalty where the sentence is a straight penalty8 5b/ +pecial law # ma,imum term of indeterminate sentence shall $%T e,ceed the ma,imum fi,ed by law and the minimum shall $%T be less than the minimum prescribed by said law E,ample: Penalty is 7 year to < years8 'ndeterminate +entence may be 7 year or 9 years to < years R* :7G9 shall $%T apply to the following: 5+ection 6/ 78 Persons convicted of offenses punished with death penalty or life imprisonment; 68 Those convicted of TRE*+%$, conspiracy or proposal to commit treason; 98 Those convicted of Misprision of Treason, Rebellion, +edition, or Espionage; :8 Those convicted of Piracy; <8 Those who are habitual delin>uents; F8 Those who shall have escaped from confinement %R evaded sentence; A8 Those granted conditional pardon by the hief E,ecutive and violated the terms thereof; ?8 Those whose ma,imum term of imprisonment does $%T e,ceed 7 year; nor @8 Those already sentenced by final -udgment at the time of the approval of R* :7G9, E. EPT as provided in +ection < (c. Condi"ions o1 pa!ole The conditions for parole are: 57/ Every prisoner released from confinement on parole by virtue of R* :7G9 shall, as such times and in such manner as may be re>uired by the conditions of his parole, as may be designated by the &oard of 'ndeterminate +entence 5&'+/ for such purpose, report personally to such government officials or other parole officers for a period of surveillance e>uivalent to the remaining portion of the ma,imum sentence imposed upon him or until final release and discharge8 56/ 'f during the period of surveillance such parolee shall show himself to be a lawJabiding citi3en and $%T violate any laws, he may be issued a final certificate of release and discharge 59/ ;henever any prisoner released on parole, during the period of surveillance, violate any of the conditions of his parole, an order of his reJ arrest may be issued and served in any part of the Philippines8 'n such case, he shall serve the remaining une,pired portion of the ma,imum sentence for which he was originally committed to prison, )$(E++ granted a new parole &'+ shall loo" into the physical, mental, and moral record of the prisoners who shall be eligible to parole *$4 determine the proper time of release of such prisoners 5+ection <, R* :7G9/ Prisoner shall have served the M'$'M)M penalty imposed on him +uch prisoner is fitted by his training for release # that there is reasonable probability that such prisoner will live and remain at liberty ;'T0%)T violating the law, and +uch release will $%T be incompatible with the welfare of society

Each prisoner released from confinement on parole shall, at such times and in such manner as may be re>uired by the conditions of his parole designated by said &oard for such purpose: 5+ection F, R* :7G9/

30 (^_^) ICY

REP%RT personally to such government official or other parole officers appointed by the &oard for a period of surveillance e>uivalent to the remaining portion of the ma,imum sentence imposed upon him %R until final release and discharge by the &oard (imits of residence of paroled officer # may be fi,ed and from time to time changed by the &oard 4uring the period of surveillance, such parolee shall show himself to be a lawJabiding citi3en *$4 shall $%T violate any laws of the Philippines # &oard may issue a ='$*( certificate of release and discharge in his favor

*ny prisoner released on parole who V'%(*TE+ any conditions of his parole # the &oard may issue an order for his reJarrest which may be served in *$2 part of the Philippines by *$2 police officer 5+ection ?, R* :7G9/ Prisoner so reJarrested shall serve the )$E.P'RE4 portion of the M*.'M)M sentence for which he was originally committed to prison, )$(E++ the &oard shall, in its discretion, grant a $E; parole to the said prisoner

1. E$ec%"ion and Se!vice o o $% penalty shall be e,ecuted e,cept by virtue of a ='$*( E)4!ME$T 57 st sent8, *rticle A?/ +uspension of e,ecution and service of penalties in case of '$+*$'T2: 5*rticle A@/ onvict shall become insane or an imbecile *=TER final sentence has been pronounced # e,ecution of said sentence shall be suspended %$(2 with regard to the personal penalty *t any time the convict shall recover his reason # his sentence shall be e,ecuted, )$(E++ the penalty shall have prescribed This rule shall be observed if the insanity or imbecility occurs ;0'(E the convict is serving his sentence

The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision correccional, and arresto mayor shall be e,ecuted and served in the places and penal establishments provided by the *dministrative ode in force %R which may be provided by law in the future 5*rticle ??/ *ny person sentenced to 4E+T'ERR% shall $%T be permitted to enter: 5*rticle ?A/ The placeMs designated in the sentence, nor ;ithin the radius therein specified # 6< to 6<G "ilometers from the place designated

The penalty of *RRE+T% ME$%R shall be served in the M)$' 'P*( E*'(, or in the 0%)+E of the 4E=E$4*$T himself under the surveillance of an officer of the law, when the court so provides in its decision, ta"ing into account The health of the offender, and %ther reasons which may seem satisfactory to the court

(1. P!o,a"ion Law (P.#. *8? as a0ended. * person convicted of an elec"ion o11ense is $%T entitled to probation 5+ection 6F:, %mnibus Election ode/ (a. #e1ini"ion o1 "e!0s Probation: a disposition under which a defendant, *=TER conviction and sentence, is RE(E*+E4 sub-ect to conditions imposed by the court and to the supervision of a probation officer 5+ection 95a/, P4 @F?/ Probationer: a person placed on probation 5+ection 95b/, P4 @F?/ Probation officer: one who 5+ection 95c/, P4 @F?/

31 (^_^) ICY

'nvestigates for the court a referral for probation or +upervises a probationer, or &oth

(,. P%!pose J To 78 Establish a more enlightened and humane correctional system that will promote reformation of offenders and thereby reduce incidence of recidivism; 68 Reduce the onerous drain on the financial resources of the country due to the confinement of all offenders in prisons and other institutions with rehabilitation programs; and 98 Meet the need to provide a less costly alternative to the imprisonment of offenders who are li"ely to respond to individuali3ed, communityJbased treatment programs (c. 3!an" o1 p!o,a"ion 0anne! and condi"ions The trial court may +)+PE$4 the e,ecution of the sentence and place the defendant on PR%&*T'%$ for such period and upon terms and conditions as it may deem best: 5first paragraph, +ection :, P4 @F?/ *fter it shall have convicted and sentenced the defendant, and )pon application by said defendant within the period for perfecting an appeal PR%V'4E4, that $% application for probation shall be entertained or granted if the defendant has perfected an appeal from the -udgment of conviction

Probation may be granted whether the sentence imposes a term of imprisonment %R a fine only 5+ection :, P4 @F?/ *n application for probation shall be file with the trial court 5+ection :, P4 @F?/ The filing of the application shall be deemed a ;*'VER of the right to appeal 5+ection :, P4 @F?/ *ccused, having appealed from the -udgment of the trial of court and having applied for probation only after the ourt of *ppeals had affirmed his conviction, was clearly precluded from the benefits of probation # 0e $EVER manifested that he was appealing %$(2 for purposes of %RRE T'$! a wrong penalty, to RE4) E it within a probationable range 5(agrosa, et al8 vs8 People, et al8, Euly 9, 6GG9/

*n order granting %R denying probation shall $%T be appealable 5+ection :, P4 @F?/ %$4'T'%$+ of Probation # Every probation order issued by the court shall contain conditions re>uiring that the probationer shall: 5+ection 7G, P4 @F?/ a/ Present himself to the probationary officer designated to underta"e his supervision at such place as may be specified in the order within A6 hours from receipt of said order; b/ Report to the probation officer at least %$ E a month at such time and place as specified by said officer8 The court may also re>uire the probationer to: a/ ooperate with a program of supervision; b/ Meet his family responsibilities; c/ 4evote himself to a specific employment and $%T to change said employment without prior written approval of the probation officer;

32 (^_^) ICY

d/ )ndergo medical, psychological or psychiatric e,amination and treatment *$4 enter and remain in specified institution, when re>uired for that purpose; e/ Pursue a prescribed secular study or vocational training; f/ *ttend or reside in a facility established for instruction, recreation or residence of persons on probation; g/ Refrain from visiting houses of illJrepute; h/ *bstain from drin"ing into,icating beverages to e,cess; i/ Permit the probation officer %R an authori3ed social wor"er to visit his home and place of wor"; -/ Reside at premises approved by it and $%T to change his residence without its prior written approval; or "/ +atisfy any other condition related to the rehabilitation of the defendant and $%T unduly restrictive of his liberty or incompatible with his freedom of conscience (d. C!i"e!ia o1 placin+ an o11ende! on p!o,a"ion 5+ection ?, P4 @F?/ The court shall consider *(( information relative to the: haracter, *ntecedents, Environment, Mental and physical condition of the offender, and *vailable institutional and community resources

Probation shall be 4E$'E4 if the court finds that: a/ The offender is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or b/ There is undue ris" that during the period of probation, the offender will commit another crime; or c/ Probation will depreciate the seriousness of the offense committed

(e. #is5%ali1ied o11ende!s The benefits of P4 @F? shall $%T e,tend to those: 5+ection @, P4 @F?/ a/ +entenced to serve a 0a$i0%0 term of imprisonment of more than F years; The law uses Qma,imum termR $%T total term # $umber of offenses is immaterial when the penalties imposed ta"en '$4'V'4)*((2 and +EP*R*TE(2 does $%T e,ceed F years, which is still within the probationable period 5=rancisco vs8 ourt of *ppeals, 6:9 + R* 9?:/

b/

onvicted of subversion %R any crime against the national security %R the public order; c/ Previously convicted by final -udgment of an offense punished by imprisonment of 7 month and 7 day and more *$4M%R fine of P6GG and up; d/ ;ho have been once on probation; and e/ ;ho are already serving sentence at the time the substantive provisions of P4 @F? became applicable *pplication of its substantive provisions concerning the grant of probation shall ta"e effect on Eanuary 9, 7@A? 5+ection 99, P4 @F?/

(1. Pe!iod o1 p!o,a"ion 5+ection 7:, P4 @F?/

33 (^_^) ICY

4efendant sentenced to a term of imprisonment of $%T more than 7 year # the period of probation shall $%T e,ceed 6 years *ll other cases # period of probation shall $%T e,ceed F years +entence imposes a fine %$(2 and offender is made to serve +)&+'4'*R2 'MPR'+%$ME$T in case of insolvency # period of probation shall $%T be less than $%R be more than T;' E the total number of days of subsidiary imprisonment 5? pesos per day, *rticle 9@, RP /

(+. A!!es" o1 p!o,a"ione! 5+ection 7</ *t any time during probation, the court may issue a warrant for the arrest of a probationer for any serious violation of the conditions of probation The probationer, once arrested and detained, shall 'MME4'*TE(2 be brought before the court for a +)MM*R2 0E*R'$! of the violation charged # R'!0T+ of probationer: Right to be informed of the violation charged, and Right to adduce evidence in his favor

4efendant may be admitted to &*'( pending such hearing # provisions regarding release on bail of persons charged with a crime shall be applicable to probationers arrested 'f the violation is established, the court may revo"e %R continue his probation *$4 modify the conditions thereof 'f REV%KE4, the court shall order the probationer to serve the sentence %R'!'$*((2 imposed

*n order revo"ing the grant of probation %R modifying the terms and conditions thereof shall $%T be appealable e$cep"ionE T2e

(2. Te!0ina"ion o1 p!o,a"ion (Sec"ion 18 P# *8?.@ Co0p!e2ensive #an+e!o%s #!%+s Ac" o1 2002 (R.A. *189. The probation is deemed terminated:

*fter the period of the probation and upon consideration by the court of the report and recommendation of the probation officer, and )pon finding of the court that the probationer has fulfilled the terms and conditions of his probation

The final discharge of the probationer shall operate: To restore to him all civil rights lost or suspended as a result of the his conviction and To fully discharge his liability for *$2 fine imposed as to the offense for which probation was granted

$%$J*pplicability of Probation (aw for 4rug Traffic"ers and 4rug Pushers # *ny person convicted of drug traffic"ing or pushing under R* @7F<, !e+a!dless o1 "2e penal"- i0posed ,- "2e Co%!", *$$%T avail of the privilege granted by the Probation (aw 5+ection 6:, R* @7F</ Mere lapse of the probation period does $%T terminate the probation # The probation is $%T coterminous with its period # *lthough : years has elapsed after the probationer was placed on probation for 6 years, his probation has $%T yet been terminated, there must be an %R4ER issued by the court TERM'$*T'$! the probation 5&ala vs8 Eudge *ntonio Martine3, et al8 7?7 + R* :<@/

(2. <%venile <%s"ice and Wel1a!e Ac" o1 2008 (R.A. *477.@ also !e1e! "o C2ild and Ao%"2 Wel1a!e Code (P.#. 804 as a0ended.

34 (^_^) ICY

*utomatic suspension of sentence8 %nce the child who is under 7? years of age at the time of the commission of the offense is found !)'(T2 of the offense charged # 5+ection 9?, R* @9::/ ourt shall determine and ascertain any civil liability which may have resulted from the offense committed 'nstead of pronouncing -udgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application +uspension of sentence shall still be applied even if the -uvenile is already 7? years old or more at the time of the pronouncement of his or her guilt

'f said child in conflict with the law has reached 7? years of age while under suspended sentence, the court shall determine whether: 5second sentence, +ection :G, R* @9::/: To discharge the child in accordance with R* @9::, To order e,ecution of sentence %R To e,tend the suspended sentence for a certain specified period %R until the child reaches the ma,imum age of 67 years

Return of the hild in onflict with the (aw to ourt # The child in conflict with the law shall be brought before the court for e,ecution of -udgment (a. #e1ini"ion o1 c2ild in con1lic" wi"2 "2e law * child who is alleged as, accused of, or ad-udged as, having committed an offense under Philippine laws 5+ection :5e/, R* @9::/

(,. E$e0p"ion 1!o0 c!i0inal lia,ili" Persons below 7? years of age shall be E.EMPT from prosecution for the following crimes, such prosecution being inconsistent with the )$ onvention on the Rights of the hild, PR%V'4E4 that said persons shall undergo appropriate counseling and treatment program: 5+ection <?, R* @9::/ 78 68 98 :8 Vagrancy under *rticle 6G6, RP , Prostitution under *rticle 6G6, RP , Mendicancy under P4 7<F9, and +niffing of rugby under P4 7F7@

(c. <%venile F%s"ice and wel1a!e s-s"e0 +ystem dealing with at ris" children and children in conflict with the law, which provides childJappropriate proceedings, including programs and services for prevention, diversion, rehabilitation, reJintegration and aftercare to ensure their normal growth and development 5+ection :5m/, R* @9::/ redit in service of sentence # the child in conflict with the law shall be credited in the services of his or her sentence with the full time spent in actual commitment and detention under R* @9:: 5+ection :7, R* @9::/ Probation as an *lternative to 'mprisonment # the court may place the child on probation in lieu of service of his or her sentence ta"ing into account the best interest of the child: 5+ection :6, R* @9::/ *fter the court shall have convicted and sentenced a child in conflict with the law, and )pon application at any time

8. Modi1ica"ion and E$"inc"ion o1 C!i0inal Lia,ili" T%T*( E,tinction of riminal (iability: 5*rticle ?@/

35 (^_^) ICY

78 4eath of the convict, as to personal penalties; 68 98 :8 <8 F8 A8 *s to pecuniary penalties, liability therefore is e,tinguished %$(2 when the death of the offender occurs &E=%RE final -udgment

+ervice of the sentence; *mnesty # completely e,tinguishes the penalty and all its effects; *bsolute pardon; Prescription of the crime; Prescription of the penalty; Marriage of the offended woman, as provided in *rticle 9::, RP 'n cases of +E4) T'%$, *&4) T'%$, * T+ %= (*+ 'V'%)+$E++, and R*PE, the marriage of the offender with the offended party shall E.T'$!)'+0 the criminal action %R REM'T the penalty already imposed upon him 5last paragraph, *rticle 9::/ This rule shall also be applicable to coJprincipals, accomplices, and accessories after the fact of the aboveJmentioned crimes 5last paragraph, *rticle 9::/

a. P!esc!ip"ion o1 c!i0es
CRIMES P>NIS:A&LE &AE 4eath Reclusion perpetua Reclusion temporal P>NIS:A&LE &A %ther *fflictive Penalties: Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification Prision mayor =ine # if it e,ceeds F,GGG pesos P>NIS:A&LE &A orrectional Penalties: Prision correccional +uspension 4estierro =ine # if it is P6GG or more but not more than PF,GGG P>NIS:A&LE &A orrectional Penalty # *RRE+T% M*2%R (ibel or other similar offenses %ral defamation and +lander by deed (ight offenses CRIMES S:ALL PRESCRI&E IN 6G years

7< years

7G years < years 7 year F months 6 months

o o

;hen the penalty fi,ed by law is a %MP%)$4 one # the 0'!0E+T penalty shall be made the basis of the application of the rules 5*rticle @G/ The period of prescription shall: 5first paragraph, *rticle @7/ ommence to run from the day on which the crime is 4'+ %VERE4 by the %==E$4E4 party, the *)T0%R'T'E+, or their *!E$T+, and &e interrupted by the ='('$! of the complaint or information, and ommence to run again when such proceedings terminate ;'T0%)T the accused being convicted or ac>uitted, %R are )$E)+T'='*&(2 stopped for any reason $%T imputable to him

The term of prescription shall $%T run when the offender is absent from the Philippine *rchipelago 5+econd paragraph, *rticle @7/

,. P!esc!ip"ion o1 penal"ies o The penalties imposed by final sentence shall prescribe as follows: 5*rticle @6/
PENALTIES 4eath Reclusion perpetua %ther *fflictive Penalties: Reclusion temporal PENALTIES S:ALL PRESCRI&E IN 6G years 7< years

36 (^_^) ICY

Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification Prision mayor =ine # if it e,ceeds F,GGG pesos orrectional Penalties: Prision correccional +uspension 4estierro =ine # if it is P6GG or more but not more than PF,GGG orrectional Penalty # *RRE+T% M*2%R (ight Penalties: *rresto menor Public censure =ine # if it be less than 6GG pesos

7G years < years 7 year

The period of prescription of penalties shall %MME$ E to run from the date when the culprit should EV*4E the service of his sentence 5*rticle @9/ Evasion of sentence is an essential element of prescription +uch evasion presupposes escaping during the service of the sentence consisting of deprivation of liberty # its basis would have to be the evasion of the )$+ERVE4 sentence and computation could $%T have started earlier than the date of the order for the prisoner1s reJarrest 5'nfante vs8 Provincial ;arden of $egros %ccidental, !R (J:7F:, 4ecember 7@<6/ =or the prescription of penalty to apply, the convict must serve a P%RT'%$ or a =R* T'%$ of the penalty # if the accused did $%T appear during the promulgation of -udgment, the prescription of penalty did $%T start to run

The period of prescription of penalties shall be '$TERR)PTE4 if the defendant should: 5*rticle @9/ !ive himself up, &e captured, !o to some foreign country with which the Philippine !overnment has $% e,tradition treaty, or ommit another crime &E=%RE the e,piration of the period of prescription

riminal liability is e,tinguished P*RT'*((2: 5*rticle @:/ 78 &y conditional pardon; 68 &y commutation of the sentence; and 98 =or good conduct allowances which the culprit may earn while he is serving his sentence o Person granted conditional pardon # obligation of complying strictly with the conditions imposed therein 5*rticle @</ $onJcompliance shall result in the REV% *T'%$ of the pardon *$4 suffer Prision correccional # minimum, or The )$E.P'RE4 portion of his original sentence # if penalty remitted by pardon is 0'!0ER than F years

o o

The commutation of the original sentence for another of a 4'==ERE$T length and nature shall have the legal effect of +)&+T'T)T'$! the latter in place of the former 5*rticle @F/ The good conduct of any prisoner in any penal institution shall entitle him to the following deductions from the period of his sentence: 78 4uring the first 6 years of imprisonment # deduction of < days for each month of good behavior; 68 4uring 9rd to <th year # deduction of ? days for each month of good behavior; 98 4uring Fth to 7Gth year # deduction of 7G days for each month of good behavior;

37 (^_^) ICY

:8 4uring 77 behavior o

th

to successive years # deduction of 7< days for each month of good

+pecial time allowance for (%2*(T2 # a deduction of %$EJ='=T0 57M</ of the period of his sentence shall be granted to any prisoner who: a/ 0aving evaded the service of his sentence by leaving the penal institution where he shall have been confined, on the occasion of 4'+%R4ER, resulting from a: onflagration, Earth>ua"e, E,plosion, or +imilar catastrophe, or 4uring a M)T'$2 in which he has $%T participated

b/ !'VE+ himself )P to the authorities ;'T0'$ :? hours following the issuance of a proclamation announcing the passing away of the calamity or catastrophe o The 4irector of Prisons shall grant the allowances for good conduct whenever lawfully -ustified # such allowances once granted shall $%T be revo"ed 5*rticle @@/

&. &oo' II (A!"icles 117)489. incl%din+ !ela"ed Special Laws 1. C!i0es A+ains" Na"ional Sec%!i"- (117)124.@ in addi"ionE TRE*+%$ 5*rticle 77:/ o Elements: a/ %ffender is a ='('P'$% or a RE+'4E$T *('E$; b/ There is a ;*R in which the Philippines is involved; c/ %ffender either: o (evies war against the government; %R *dheres to the enemies, !'V'$! T0EM *'4 %R %M=%RT

Two ways of proving treason: a/ Testimony of 6 witnesses to the same overt act; %R b/ onfession of accused in open court

+everely Restrictive Rule %R the Two ;itness Rule: T% attain conviction in treason, 6 witnesses must testify on the act of treason committed by the accused *$4 if the act is +EP*R*&(E, 6 witnesses must testify on each separate act 5People vs8 *driano, !R (J:AA, Eune 7@:A/ %$=E++'%$ referred to is the V%()$T*R2 P(E* %= !)'(T entered into by the accused during the arraignment 5People vs8 have3, +eptember 6<, 7@F</ *n e,tra-udicial confession is admissible in evidence, &)T standing *(%$E, it cannot support a -udgment of conviction of treason

o o

Treason is a %$T'$)'$! crime # even if the offender committed several acts of treason, he can only be charged with %$E count of treason Treason *$$%T be comple,ed with common crimes # treason is an umbrella crime or a component crime under which common crimes committed on the occasion %R in furtherance thereof are deemed *&+%R&E4 %MM'T TRE*+%$ 5*rticle 77</

%$+P'R* 2 *$4 PR%P%+*( T% o onspiracy to

ommit Treason # Elements: 5related to *rticle ?/

a/ There is war in which the Philippines is involved; b/ 6 or more persons come to an agreement to levy war against the government %R adhere to the enemies giving them aid or comfort; c/ They decide to commit it

38 (^_^) ICY

Proposal to

ommit Treason # Elements:

a/ There is war in which the Philippines is involved; b/ *ccused has decided to levy war against the government %R to adhere to the enemies giving them aid or comfort; c/ *ccused proposes its e,ecution to some other personMs M'+PR'+'%$ %= TRE*+%$ 5*rticle 77F/ o Elements: a/ b/ c/ d/ %ffender must owe allegiance to the !overnment of the Philippines; %ffender is $%T a foreigner # citi3ens of the Philippines; 0e has "nowledge of a %$+P'R* 2 to commit treason against said government; and 0e conceals or fails to disclose the same to the governor or fiscal of the province %R to the mayor or fiscal of the city is which he resides *+ +%%$ *+ P%++'&(E

o o o

=elony by omission # failure to do an act re>uired by law ommitted by means of 4%(% or intent Relationship is $%T e,empting # love of country is superior to blood relationship

E+P'%$*!E 5*rticle 77A/ o Elements of the ='R+T M%4E of committing espionage: a/ %ffender, without authority, enters a ;*R+0'P, naval or military establishment or reservation; and b/ 0is '$TE$T or purpose is to obtain information, plans, photographs or other data of %$='4E$T'*( nature relative to the 4E=E$+E of the Philippines 'ntent to obtain N is enough # offender does $%T have to actually obtain such materials (* K of intent to obtain # crime committed is T!espass "o 3ove!n0en" P!ope!"-

Elements of the +E %$4 M%4E of committing espionage: a/ %ffender is a P)&(' officer; b/ 0e has '$ 0'+ P%++E++'%$ articles, data, or information of %$='4E$T'*( nature relative to the 4E=E$+E of the Philippines; and c/ 0e discloses their contents to a representative of a foreign nation

%ffender is $%T the custodian of said documents 5lac" of element 5b// # he is

liable for Ciola"ion o1 Co00onweal"2 Ac" 8187< if he discloses information relative to the 4E=E$+E of the Philippines %ffender is custodian of said documents *$4 the information disclosed to a representative of a foreign nation does $%T relate to the defense of the Philippines # liable for In1ideli"- in "2e C%s"od- o1 P%,lic Reco!ds

ommonwealth *ct $o F7F # *cts punished: a/ )nlawfully obtaining or permitting to be obtained information affecting national defense; b/ )nlawful disclosing of information affecting national defense; c/ 4isloyal acts or words in time of PE* E; d/ 4isloyal acts or words in time of ;*R; e/ onspiracy to violate preceding sections; and f/ 0aboring or concealing violators of the law

15

5o

on#ea&t$ Act <1< ) An Act to -uni!$ *!3iona.e an% 't$er 'ffen!e! a.ain!t Nationa& Security

39 (^_^) ICY

'$ 'T'$! T% ;*R or !'V'$! M%T'VE+ =%R REPR'+*(+ 5*rticle 77?/ o Elements: a/ %ffender is a P)&(' officer or employee b/ 0e performs acts which provo"e or give occasion for: o * war involving %R liable to involve the Philippines; %R E,posure of =ilipino citi3ens to reprisals on their persons or property

E*&'4*0 Massacre

V'%(*T'%$ %= $E)TR*('T2 5*rticle 77@/ o Elements: a/ There is war in which the Philippines is $%T involved; b/ ompetent authorities have issued regulations enforcing neutrality; and c/ %ffender violates any of said regulations

%RRE+P%$4E$ E ;'T0 0%+T'(E o Elements:

%)$TR2 5*rticle 76G/

a/ There is a war in which the Philippines is '$V%(VE4; b/ The offender ma"es correspondence with an enemy country or territory % by enemy troops; c/ The correspondence is either: =('!0T T% E$EM21+ o E(EME$T+: a/ b/ c/ d/ E,istence of ;*R in which the Philippines is '$V%(VE4; %ffender owes allegiance to the Philippines; 0e *TTEMPT+ to flee or go to an enemy country; and The flight is prohibited by a competent authority Prohibited by the !overnment, arried on in ciphers or conventional signs, or ontaining notice or information which might be useful to the enemy %)$TR2 5*rticle 767/

)P'E4

P'R* 2 in general *$4 M)T'$2 on the 0'!0 +E*+ %R '$ P0'('PP'$E ;*TER+ 5*rticle 766/ o Piracy: the robbery or forcible depredation on the high seas without lawful authority and done with animo furandi *$4 in the spirit and intention of universal hostility 5People vs8 (olJ lo, 9 Kinds of Piracy: a/ Piracy in the high or open seas 5RP /; b/ Piracy in Philippine waters 5P4 <96/; and c/ *ir piracy 5R* F69</ o P'R* 2 '$ T0E 0'!0 %R %PE$ +E*+ can be committed by: a/ *ttac"ing a vessel in the high or open seas; b/ +ei3ing the whole or part of the *R!% of said vessel, its e>uivalent, %R personal belongings of its complement or its passengers %$(2 %)T+'4ER+ are liable to commit piracy in the high seas

40 (^_^) ICY

Passenger lawfully admitted gets personal property belonging to another passenger while vessel is in the high seas by means of force or intimidation P Ro,,e!0'!0 +E*+: refers to the body of water %)T+'4E the territorial waters of the Philippines, even if such is ;'T0'$ the territorial waters of another country %MP(EME$T: the full number of officers and crew needed to man a ship

P'R* 2 in P0'('PP'$E ;*TER+ 5P4 <96, as superseded by R* AF<@ 7F/ %)T+'4ER+ and '$+'4ER+ 5passengers or members of the crew or complement of the vessel/ can commit Piracy in Philippine 5'nternal/ ;aters

M)T'$2 # Elements: a/ The vessel is on the high seas or Philippine waters; b/ %ffenders are members of the complement of the vessel or passengers of the vessel; c/ The offenders: *ttac" or sei3e the vessel; +ei3e the whole or part of the cargo, its e>uipment or personal belongings of the crew or passengers

I)*('='E4 M)T'$2 # a/ ;hen pirates abandon their victims ;'T0%)T means of saving themselves; b/ ;hen the crime is accompanied by Murder, 0omicide, Physical 'n-uries or Rape

I)*('='E4 P'R* 2 5*rticle 769/ o ;hen Piracy is Iualified: a/ ;hen the pirates have sei3ed the vessel by boarding or firing upon the same; b/ ;hen pirates abandon their victims ;'T0%)T means of saving themselves; c/ ;hen the crime is accompanied by Murder, 0omicide, Physical 'n-uries or Rape a. An"i)Pi!ac- and An"i):i+2wa- Ro,,e!- (P.#. 942 s%pe!seded ,- RA B89*. (1. #e1ini"ion o1 "e!0s (Sec"ion 2 P# 942. Philippine waters: refer to *ll bodies of water 5seas, gulfs, bays, etc/ around, between and connecting each of the 'slands of the Philippine *rchipelago, irrespective of its depth, breadth, length or dimension, and *ll other waters belonging to the Philippines by historic or legal title, 'ncluding territorial sea, the seabed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or -urisdiction

Vessel: any watercraft used for transport of passen+e!s o! ca!+o from one place to another in Philippine waters8 't includes all types and "inds of vessel or boats used in fishing E,amples: raft, banca, motorboat, ship

Philippine 0ighway: refer to any road, street, passage, highway and bridges or other parts thereof, %R railway or railroad within the Philippines )+E4 by persons, or vehicles, or locomotives or trains for the M%VEME$T or circulation of persons %R TR*$+P%RT*T'%$ of goods, articles or property, %R both &rigandage: The sei3ure of any person for R*$+%M, E.T%RT'%$, or other unlawful purposes committed by any person on any Philippine 0ighway

16

2A E<59 3uni!$e! -iracy an% ,utiny, #$et$er co

itte% in t$e $i.$ !ea! or in -$i&i33ine #ater!

41 (^_^) ICY

0ighway Robbery: Ta"ing away of property of another by means of violence against %R intimidation of persons %R force upon things %R other unlawful means, committed by any person on any Philippine 0ighway

(2. P%nis2a,le ac"s Piracy in Philippine waters *betting Piracy # the crime committed by any person who: a/ !ives pirates information about the movement of peace officers of the government; b/ *c>uires or receives property ta"en by the pirates or derives any benefit any benefit from it; c/ 4irectly or indirectly abets the commission thereof $%TE: (ac" of "nowledge that the item came from piracy is a 4E=E$+E

Mutiny in Philippine waters 0ighway Robbery &rigandage

,. An"i):iFac'in+ Law (RA 8249. (1. P%nis2a,le ac"sE a/ )surping or sei3ing control of an aircraft of P0'('PP'$E RE!'+TR2 while it is '$ =('!0T, compelling the pilots thereof to change the course of destination of the aircraft; *ircraft is '$ =('!0T the moment all its e,ternal doors are closed following embar"ation )$T'( any of such doors are opened for disembar"ation Philippine aircraft is $%T in flight and accused had drawn guns instructing the pilots to fly the plane and passengers were still boarding at the time P 3!ave T2!ea"s

b/ )surping or sei3ing control of an aircraft of =%RE'!$ RE!'+TR2 while within Philippine territory, compelling the pilots thereof to change the course of destination of the aircraft; c/ The re>uirement of =('!0T does $%T apply to aircraft of foreign registry

arrying or loading on board an aircraft operating as a p%,lic %"ili"- passen+e! ai!c!a1" in the Philippines, any flammable, corrosive, e,plosive, or poisonous substance; and 'f it is a *R!% plane, it is $%T covered by R* F69<

d/ (oading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, e,plosive, or poisonous substance, if this was done $%T in accordance with the rules and regulations set and promulgated by the *ir Transportation %ffice on this matter 'f a passenger or complement of an aircraft is "illed # still a Ciola"ion o1 "2e An"i) :iFac'in+ Law but the penalty is 0'!0ER There is $% separate crime of 0omicide or Murder

c. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2 6 e11ec"ive <%l- 19 200B. Terrorism as a crime of RE+)(T (1. P%nis2a,le ac"s o1 "e!!o!is0

42 (^_^) ICY

The crime of terrorism is committed by any person who engage in any of the following acts punishable under the Revised Penal ode and other special laws:
SPECIAL LAWS 78 *rson 5P4 7F79/; 68 To,ic +ubstances and 0a3ardous and $uclear ;aste ontrol *ct 5R* F@F@/; 98 *tomic Energy Regulation and (iability *ct 5R* <6GA/; :8 *ntiJ0i-ac"ing (aw 5R* F69</; <8 *ntiJPiracy and *ntiJ0ighway Robbery (aw 5P4 <96/; and F8 'llegal possession of =irearms 5P4 7?FF, as amended by R* ?6@:/

RECISE# PENAL CO#E 78 Piracy and Mutiny in the 0igh +eas or Philippine waters 5*rticle 766/; 68 Rebellion or 'nsurrection 5*rticle 79:/ 98 oup d1etat 5*rticle 79:J'/; :8 Murder 5*rticle 6:?/; <8 Kidnapping and +erious 'llegal 4etention 5*rticle 6<A/; F8 rimes involving destruction 5*rticle 96:/

PR%V'4E4 the following re>uisites are present: a/ The act committed +%;+ and RE*TE+ a condition of ;'4E+PRE*4 and E.TR*%R4'$*R2 =E*R and P*$' among the populace; b/ 'n order to %ER E the government to give in to an )$(*;=)( demand %$+P'R* 2 to ommit Terrorism # when 6 or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit it

(2. W2o a!e lia,le a/ Principals by 4'RE T P*RT' 'P*T'%$, b/ *ccomplices 5+ection <, R* @9A6/ J *ny person who is $%T being a principal under *rticle 7A, RP %R a conspirator under +ection :, R* @9A6, and who ooperates in the e,ecution of the crime of Terrorism by previous or simultaneous acts, %R ooperates in the e,ecution of the crime of onspiracy to ommit Terrorism by previous or simultaneous acts

c/ *ccessories # *ny person who having "nowledge and without having participated in the crime of Terrorism, either as principal or accomplice under *rticles 7A and 7? of the RP , ta"es part +)&+EI)E$T to its commission in any of the following manner: i8 ii8 iii8 &y profiting himself or assisting the offender to profit by the effects of the crime; &y concealing or destroying the body of the crime, %R the effects, or instruments thereof, in order to prevent its discovery; &y harboring, concealing or assisting in the escape of the principal or conspirator of the crime

2. C!i0es A+ains" "2e /%nda0en"al Laws o1 "2e S"a"e (127)144.@ in addi"ionE *R&'TR*R2 4ETE$T'%$ 5*rticle 76:/ o Elements: a/ %ffender is a P)&(' officer or employee; b/ 0e detains a person; c/ ;ithout legal grounds o o ommitted when a person is arrested and detained without a warrant of arrest rimes "nown as arbitrary detention: a/ 4etaining a person without legal grounds 5*rticle 76:/; b/ =ailure to deliver the arrested person for legal grounds to the proper -udicial authority within 76, 7?, or 9F hours, as the case may be 5*rticle 76</; and c/ 4elaying release 5*rticle 76F/

43 (^_^) ICY

(egal grounds for detention of person: a/ ommission of a crime; b/ Violent insanity %R; c/ %ther ailment re>uiring compulsory confinement of a patient in a hospital

'nstances when a public officer can ma"e arrest without a warrant of arrest: 5Rules of

ourt/

a/ ;hen a person is attempting to commit, is committing, or has committed a crime in the presence of the arresting officer; b/ ;hen a crime has -ust been committed and the arresting officer has PER+%$*( "nowledge based on probable cause that the person to be arrested has committed it; c/ ;hen the person to be arrested is a prisoner who has escaped from detention or confinement
AR&ITRARA #ETENTION %ffender is a P)&(' officer with a duty to arrest and detain a person ILLE3AL #ETENTION %ffender is a PR'V*TE person %R a P)&(' officer whose function does $%T include the power to arrest and detain a person

4E(*2 '$ T0E 4E('VER2 %= 4ET*'$E4 PER+%$+ T% T0E PR%PER E)4' '*( *)T0%R'T'E+ 5*rticle 76</ o Elements: a/ %ffender is a P)&(' officer or employee; b/ 4etained a person for some (E!*( ground; c/ =ails to deliver such person to the proper -udicial authority within: i8 ii8 iii8 76 hours # person detained for crimes or offenses punishable by ('!0T PE$*(T'E+, or their EI)'V*(E$T; 7? hours # for crimes or offenses punishable by %RRE T'%$*( PE$*(T'E+, or their EI)'V*(E$T; 9F hours # for crimes or offenses punishable by *P'T*( punishment or *==(' T'VE PE$*(T'E+, or their EI)'V*(E$T

o o

=elony by omission Qdelivering the person legally arrested to the -udicial authoritiesR # means the filing of the case before the %)RT that has -urisdiction over the crime committed by the person arrested 4uty of the Prosecutor1s 5fiscal1s/ office to file the case in court The moment the arresting officer endorses the case to the fiscal1s office, it is now the duty of the fiscal to issue a partial resolution and order the continued detention of the person arrested %R to order his release pending preliminary investigation %T0ER point of view: =iling of the appropriate case in the PR%+E )T%R1s office is sufficient compliance with the law

The period within which to charge the person legally without warrant of arrest does $%T include nighttime 5+oria vs8 4esierto, et al8 76< Phil 979/ 't is to be counted %$(2 when the prosecutor1s office is ready to receive the complaint or information * holiday or Qno office dayR should $%T be included in the computation of the period prescribed by law for the filing of information in court in cases of warrantless arrest

Qor their e>uivalentR # if a person was arrested for violation of a +PE '*( (*;, chec" the penalty imposable by the special law and determine if it is grave, less grave or light felony8 That is the basis for determining the period of time during which an arresting officer can legally hold the person arrested with legal ground and without a warrant of arrest8

44 (^_^) ICY

=elonies are classified according to !R*V'T2, to wit: a/ =elonies that are punishable with ('!0T PE$*(T'E+ are considered ('!0T =E(%$'E+; b/ =elonies punishable with %RRE T'%$*( PE$*(T'E+ are considered (E++ !R*VE =E(%$'E+; and c/ =elonies punishable with *==(' T'VE PE$*(T'E+ are considered !R*VE =E(%$'E+
*rresto menor Public censure =ine &ond to "eep the peace Prision correccional *rresto mayor +uspension 4estierro Reclusion perpetua Reclusion temporal Perpetual or temporary absolute dis>ualification Perpetual or temporary special dis>ualification Prision mayor

('!0T Penalties

%RRE T'%$*( penalties

*==(' T'VE penalties

Person arrested with a ;*RR*$T %= *RRE+T # there is $% period within which to deliver said person in court8 The arresting officer is $%T bound by the period fi,ed under *rticle 76<, RP because the law does $%T apply8 The arresting officer will -ust accomplish a return of the warrant of arrest found at the bac" thereof and indicate that he had arrested the person named therein and state where the person is being detained

4E(*2'$! RE(E*+E 5*rticle 76F/ o Elements: a/ The offender is a P)&(' officer or employee;

(i"e court personnel, wardens, -ail guards and peace officers

b/ There is a -udicial or e,ecutive order for the release of a prisoner %R that there is a proceeding upon a petition for the liberation of such person; c/ The offender, ;'T0%)T good reason, 4E(*2+ the: i8 ii8 iii8 +ervice of the notice of such order to the prisoner, or Performance of such -udicial or e,ecutive order for the release of the prisoner, or Proceedings upon a petition for the release of such persons

E.P)(+'%$ 5*rticle 76A/ o Elements: a/ %ffender is a P)&(' officer or employee; b/ 0e e,pels any person from the Philippines %R compels a person to change his residence; and c/ 0e is $%T authori3ed to do so by law E,pulsion in the Philippines can only be done through deportation proceedings # only *('E$+ can be deported 'f the e,pulsion is done by a PR'V*TE person through threats or intimidation, the crime is 3!ave Coe!cion

45 (^_^) ICY

The police chief of Manila upon order of the city mayor to get rid of Manila of prostitution hauled the prostitutes from their place of residence and deported them to 4avao ;'T0%)T due process # they were found guilty of E,pulsion 5Villavicencio vs8 (u"ban, 9@ Phil8 AA?/

V'%(*T'%$ %= 4%M' '(E 5*rticle 76?/ o Elements: a/ %ffender is a P)&(' officer or employee; b/ 0e is $%T authori3ed by -udicial order 5search warrant/ to enter a dwelling andMor ma"e a search therein for papers and other effects o 9 *cts of ommitting Violation of 4omicile:

a/ Entering a dwelling against the will of the owner thereof; b/ +earching papers or other effects without the previous consent of the owner; c/ Refusing to leave the premises *=TER having +)RREPT'T'%)+(2 E$TERE4 said dwelling and after having been re>uired to leave o 9 ;ays of ommitting Violation of 4omicile:

a/ Entering a dwelling against the will of the owner thereof, searching papers or other effects without the previous consent of the owner, %R refusing to leave the premises *=TER having +)RREPT'T'%)+(2 E$TERE4 said dwelling and after having been re>uired to leave 5*rticle 76?/; b/ +earch warrants maliciously obtained and abuse in the service of search warrant 5*rticle 76@/; c/ +earching domicile ;'T0%)T witnesses 5*rticle 79G/ o 'nstances where search and sei3ure may be made without a warrant *$4 the evidence obtained therefrom may be admissible: a/ +earch incident to a lawful arrest; The law re>uires that there must be first a lawful arrest before a search can be made # the process *$$%T be reversed 5People vs8 Molina, 9<6 + R* 7A:/ ;here the gun is tuc"ed in a person1s waist is plainly visible to the police, $% search is necessary8 'n the absence of any license of said firearm, he may be arrested at once as he is in effect committing a crime in the presence of the police officers 5People vs8 !o, 9<: + R* 99?/ *s a conse>uence of a person1s valid warrantless arrest, he may be used as a proof of the commission of an offense, without a search warrant 5People vs8 onde, 9<F + R* :7</ ;arrantless searches of bags of visitors of detainees, a part of police standard operating procedure, and recogni3ed as part of precautionary measures by the police to safeguard the safety of the detainees as well as the overJall security of the -ail premises, may be validly done

The warrantless search and sei3ure, as an incident to a suspect1s lawful arrest may e,tend &E2%$4 the person of the one arrested to include the premises or surrounding under his 'MME4'*TE %$TR%( 5People vs8 0indoy, 9<A + R* F@6/

b/ c/ d/ e/

+earch of a moving motor vehicle; +earch in violation of customs laws; +ei3ure of evidence in plain view; The accused himself waives his right against unreasonable searches and sei3ures; and

46 (^_^) ICY

The right against unreasonable searches and sei3ures is a personal right which may be waived e,pressly or impliedly8 ;aiver by implication *$$%T be presumed 5People vs8 ucubin Er, 9FG + R* F@G/ Peace officers who conduct a warrantless search *$$%T invo"e regularity in performance of official functions and shift to the accused the burden of proving that the search was $%T consented

f/

+top and fris" situation 5People vs8 Molina, 9<6 + R* 7A:/

+E*R 0 ;*RR*$T+ M*(' '%)+(2 %&(T*'$E4 *$4 *&)+E '$ T0E +ERV' E %= T0%+E (E!*((2 %&T*'$E4 5*rticle 76@/ o 6 *cts punished: a/ Procuring a search warrant without -ust cause; and b/ *buse in the service of search warrant legally obtained o Elements of procuring a search warrant without -ust cause: a/ %ffender is a P)&(' officer; b/ 0e procures a search warrant; c/ There is $% -ust cause o *buse in the service of search warrant # such as: 4estroying the property of the person served with a search warrant 'nflicting violence upon the person served with a search warrant or his household

+E*R 0'$! 4%M' '(E ;'T0%)T ;'T$E++E+ 5*rticle 79G/ o Elements: a/ b/ c/ d/ The offender is a P)&(' officer or employee; *rmed with a search warrant legally procured; +earches the domicile for papers or belongings of any person; The owner or any member of his family %R 6 witnesses residing in the same locality are $%T present

Reason: to avoid incriminatory machination or planting of evidence

PR%0'&'T'%$, '$TERR)PT'%$, *$4 4'++%()T'%$ %= PE* E=)( MEET'$!+ 5*rticle 797/ o Elements: a/ The offender is a P)&(' officer or employee; b/ 0e performs any of the following acts: i8 ii8 iii8 Prohibiting, interrupting or dissolving any PE* E=)( meeting ;'T0%)T legal ground; 0indering any person from -oining any lawful organi3ation %R from attending any of its meetings; or Prohibiting or hindering any person from addressing any petition to the authorities for correction of abuses or redress of grievances

o o o

(*;=)( meeting # the government has the right to re>uire a PERM'T before any meeting can be held Public officer should $%T be a participant in the meeting 6 R'TER'* that can be used by peace officer in (*;=)((2 prohibiting, interrupting or dissolving a meeting:

47 (^_^) ICY

a/ 4angerous Tendency Rule b/ lear and Present 4anger Rule '$TERR)PT'%$ %= RE('!'%)+ ;%R+0'P 5*rticle 796/ o Elements: a/ %ffender is a P)&(' officer or employee; b/ Religious ceremonies or manifestations of any religion are about to ta"e place or are going on; c/ %ffender prevents or disturbs the same o I)*('='E4 'nterruption of Religious ;orship # when committed by threats or violence

%==E$4'$! RE('!'%)+ =EE('$!+ 5*rticle 799/ o Elements: a/ %ffender is either a P)&(' officer or a PR'V*TE person; b/ 0e committed acts notoriously offensive to the feelings of the faithful; c/ These acts are committed in a place dedicated to religious worship %R during the celebration of a religious ceremony o &lessing of a house # $%T a religious ceremony or worship

a. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2 6 e11ec"ive <%l- 19 200B. (1. Pe!iod o1 de"en"ion Period of 4etention ;'T0%)T -udicial warrant of arrest 5+ection 7?, R* @9A6/ The provisions of *rticle 76<, RP , notwithstanding, any police or law enforcement personnel who, having been duly authori3ed in writing by the *ntiJ Terrorism ounsel, has ta"en custody of a person charged with or suspected of the crime of Terrorism %R the crime of onspiracy to ommit Terrorism ;'T0%)T incurring any criminal liability for delay in the delivery of detained persons to the proper -udicial authorities 4eliver said person to proper -udicial authority ;'T0'$ T0REE 4*2+ 59/ counted from the moment said charged or suspected person has been apprehended, arrested, detained, and ta"en into custody by the said, %R law enforcement personnel PR%V'4E4, that the arrested of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the +)RVE'((*$ E under +ection A and E.*M'$*T'%$ of ban" deposits under +ection 6A, R* @9A6/

Period of 4etention in the event of an actual or imminent terrorist attac" 5+ection 7@, R* @9A6/ +uspects may $%T be detained for more than 9 days without the written approval of: * municipal, city, provincial or regional official of a 0uman Rights ommission, or Eudge of the municipal or regional trial court, Eustice of the +andiganbayan, or Eustice of the ourt of *ppeals $E*RE+T the place of the arrest

,. An"i)To!"%!e Ac" o1 200* (R.A. *B79. o O!de! o1 &a""le: any document or determination made by the military, police or any law enforcement agency of the government, listing the names of persons and organi3ations that

48 (^_^) ICY

it perceives to be enemies of the +tate and that it considers as legitimate targets as combatants that it could deal with, through the use of means allowed by domestic and international law Torture as a +eparate and 'ndependent rime # Torture as a crime shall $%T absorb or shall $%T be absorbed by any other crime or felony committed as a conse>uence, or as a means in the conduct or commission thereof8 'n which case, torture shall be treated as a separate and independent criminal act whose penalties shall be imposable without pre-udice to any other criminal liability provided for by domestic and international laws 5+ection 7<, R* @A:</ *pplicability of the E,clusionary Rule # *ny confession, admission or statement obtained as a result of torture shall be inad0issi,le in evidence in any proceedings, E. EPT if the same is used as evidence against a person or persons accused of committing torture 5+ection ?, R* @A:</ E,clusion from the overage of +pecial *mnesty (aw # 'n order not to depreciate the crime of torture, persons who have committed any act of torture shall $%T benefit from any special amnesty law or similar measures that will have the effect of e,empting them from any criminal proceedings and sanctions 5+ection 7F, R* @A:</ (1. P%nis2a,le ac"s *cts of Torture shall include, but not be limited to: 5+ection :, R* @A:</ 5a/ Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in hisMher custody that causes severe pain, e,haustion, disability or dysfunction of one or more parts of the body, such as: 57/ +ystematic beating, headbanging, punching, "ic"ing, stri"ing with truncheon or rifle butt or other similar ob-ects, and -umping on the stomach; 56/ =ood deprivation or forcible feeding with spoiled food, animal or human e,creta and other stuff or substances not normally eaten; 59/ Electric shoc"; 5:/ igarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or acids or spices directly on the wound5s/; 5</ The submersion of the head in water or water polluted with e,crement, urine, vomit andMor blood until the brin" of suffocation; 5F/ &eing tied or forced to assume fi,ed and stressful bodily position; 5A/ Rape and se,ual abuse, including the insertion of foreign ob-ects into the se, organ or rectum, or electrical torture of the genitals; 5?/ Mutilation or amputation of the essential parts of the body, such as the genitalia, ear, tongue, etc; 5@/ 4ental torture or the forced e,traction of the teeth; 57G/ Pulling out of fingernails; 577/ 0armful e,posure to the elements such as sunlight and e,treme cold; 576/ The use of plastic bag and other materials placed over the head to the point of asphy,iation; 579/ The use of psychoactive drugs to change the perception, memory, alertness or will of a person, such as: 5i/ The administration or drugs to induce confession andMor reduce mental competency; or 5ii/ The use of drugs to induce e,treme pain or certain symptoms of a disease; and 57:/ %ther analogous acts of physical torture; and 5b/ Men"al/Ps-c2olo+ical To!"%!e: acts committed by a person in authority or agent of a person in authority which are calculated to affect or confuse the mind andMor undermine a personSs dignity and morale, such as: 57/ &lindfolding;

49 (^_^) ICY

56/ Threatening a person5s/ or hisMher relative5s/ with bodily harm, e,ecution or other wrongful acts; 59/ onfinement in solitary cells or secret detention places; 5:/ Prolonged interrogation; 5</ Preparing a prisoner for a Tshow trialT, public display or public humiliation of a detainee or prisoner; 5F/ ausing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that heMshe shall be summarily e,ecuted; 5A/ Maltreating a memberMs of a personSs family; 5?/ ausing the torture sessions to be witnessed by the personSs family, relatives or any third party; 5@/ 4enial of sleepMrest; 57G/ +hame infliction such as stripping the person na"ed, parading himMher in public places, shaving the victimSs head or putting mar"s on hisMher body against hisMher will; 577/ 4eliberately prohibiting the victim to communicate with any member of hisMher family; and 576/ %ther analogous acts of mentalMpsychological torture %ther ruel, 'nhuman and 4egrading Treatment or Punishment: refers to a deliberate and aggravated treatment or punishment not enumerated under +ection :, R* @A:<, inflicted by a person in authority or agent of a person in authority against another person in custody, which attains a level o1 seve!i"- s%11icien" "o ca%se s%11e!in+ +!oss 2%0ilia"ion o! de,ase0en" to the latter 5+ection <, R* @A:</ The assessment of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental effects and, in some cases, the se,, religion, age and state of health of the victim

Prohibited 4etention # +ecret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be carried out with impunity are hereby prohibited 5+ection A, R* @A:</ 'n which case, the P$P, the *=P and other law enforcement agencies concerned shall ma"e an updated ('+T of all detention centers and facilities under their respective -urisdictions with the corresponding data on the prisoners or detainees incarcerated or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed This list shall be made available to the public at all times, with a copy of the complete list available at respective national head>uarters of the P$P and *=P

(2. W:O a!e lia,le (Sec"ion 14 RA *B79. The following are liable as PR'$ 'P*(+: a/ *ny person who *ctually participated %R induced another in the commission of torture or other cruel, inhuman and degrading treatment or punishment, or ooperated in the e,ecution of the act of torture or other cruel, inhuman and degrading treatment or punishment by previous or simultaneous acts

b/ *ny superior military, police or law enforcement officer %R senior government official who issued an order to any lower ran"ing personnel to commit torture for whatever purpose c/ The immediate commanding officer of the unit concerned of the *=P %R the immediate senior public official of the P$P and other law enforcement agencies N

50 (^_^) ICY

=or any act or omission, or negligence committed by himMher that shall have led assis"ed a,e""ed o! allowed, whether directly or indirectly, the commission thereof by hisMher subordinates 'f heMshe 2as 'nowled+e of %R, owing to the circumstances at the time, s2o%ld 2ave 'nown that acts of torture or other cruel, inhuman and degrading treatment or punishment shall be committed, is being committed, or has been committed by hisMher subordinates or by others within hisMher area of responsibility *$4, despite such "nowledge, did $%T ta"e preventive or corrective action either before, during or immediately after its commission, when heMshe has the a%"2o!i"- to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but =*'(E4 T% PREVE$T or '$VE+T'!*TE allegations of such act, w2e"2e! deli,e!a"el- o! d%e "o ne+li+ence

*ny public officer or employee shall be liable as an ACCESSORA if heMshe has "nowledge that torture or other cruel, inhuman and degrading treatment or punishment is being committed and without having participated therein, either as principal or accomplice, ta"es part subse>uent to its commission in any of the following manner: 5a/ &y themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or punishment; 5b/ &y concealing the act of torture or other cruel, inhuman and degrading treatment or punishment andMor destroying the effects or instruments thereof in order to prevent its discovery; or 5c/ &y harboring, concealing or assisting m the escape of the principalMs in the act of torture or other cruel, inhuman and degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the officialSs public functions8

4. C!i0es A+ains" P%,lic O!de! (147)19*.@ in addi"ionE RE&E(('%$ or '$+)RRE T'%$ 5*rticle 79:/ o Elements: a/ There be P)&(' uprising and ta"ing arms against the government; b/ The P)RP%+E+ of the uprising or movement is either to: i8 ii8 o o Remove from the allegiance to said government or its laws the territory if the Philippines or any part thereof, %R any body of land, naval, or armed forces; 4eprives the hief E,ecutive %R the ongress whollyMpartially of their privileges

Mass movement # cannot be committed by a handful of men ;0% are liable: a/ *$2 person who commits, maintains or heads a rebellion or insurrection; b/ *$2 person who participates or who e,ecutes the commands of others in a rebellion or insurrection

4istinctions:
RE&ELLION

INS>RRECTION &oth are committed in the same manner (arger in scope (imited scope %b-ect is to overthrow e,isting government +ee" to effect some political and social changes

Murder, arson and robbery are mere ingredients of the crime of rebellion, as a means necessary for the perpetration of the offense 5People vs8 0ernande3, @@ Phil <7</

51 (^_^) ICY

+uch common offenses are *&+%R&E4 or '$0ERE$T in the crime of rebellion 'nasmuch as the acts specified in *rticle 79< constitute one single crime, it follows that said acts offer $% occasion for the application of *rticle :?, which re>uires the commission of at least 6 crimes &)T a rebel who for some '$4EPE$4E$T reason or PER+%$*( M%T'VE, commits murder or other crimes, is liable for Murder or other common offenses 5People vs8 !eronimo/

Rebellion can now be %MP(E.E4 with common crimes because there is $% more legal obstacle to comple, rebellion with common crimes 5Enrile vs8 +ala3ar, 7?F + R* 67A/ The overt acts used to be punished as components of the crime of rebellion have been severed therefrom by R* F@F? 7A The legal impediment to the application of *rticle :?, RP to rebellion had been REM%VE4 ommon crimes involving "illings, serious violence, robberies andMor destruction of property, even though committed by rebels in furtherance of rebellion, shall bring about the comple, crime of Rebellion with 0omicide, Rebellion with Robbery, Rebellion with *rson, or Rebellion with +erious Physical 'n-uries, as the case may be

%)P 41ET*T 5*rticle 79:J*/ o o Manner of ;0% may ommission: Violence, 'ntimidation, +trategy, +tealth # V'T++ ommit oup d1Utat:

a/ %nly personMs who belong to the M'('T*R2 or P%(' E or holding P)&(' office or employment b/ *$2 person $%T in the government service who participates, %R in any manner supports, finances, abets or aids in the underta"ing of a coup d1Utat o haracteristics of oup d1Utat:

a/ There is swift attac" upon the facilities of the government; b/ 't may be committed singly or collectively; c/ The ob-ect is to stabili3e or paraly3e the government through the sei3ure of or utilities of the Philippine !overnment, military camps, installations, communications networ", public utilities and facilities essential for the continued possession of governmental powers # $%T to overthrow the government; d/ The PR'$ 'P*( offenders are members of the *RME4 =%R E+ or the Philippine $ational Police; e/ May be carried out not only by force or violence but also through threat, strategy, or stealth o 4istinctions of Rebellion, oup d1Utat, and +edition
CO>P #GETAT +wift attac" with by violence, intimidation, strategy, stealth, and threats T% sei3e or 4'M'$'+0 state power through the sei3ure of facilities and utilities essential to the continued possession and e,ercise of governmental powers +'$!(2 or %((E T'VE(2 # multitude is $%T re>uired SE#ITION Rising publicly tumultuously

Manne! o1 Co00ission

RE&ELLION Rising publicly and ta"ing against the government

arms

and

P%!pose o1 Co00ission W:O 0aCo00i"

To REM%VE from the allegiance to the government or from its laws *$2 part of the territory of the Philippines, %R depriving the hief E,ecutive or the (egislature, wholly or partially, any of their powers or prerogatives M)(T'T)4E # $%T only a handful of men

To effect some social or political 0*$!E+ %R to prevent the e,ercise of governmental authority with respect to particular matters M)(T'T)4E # not only a handful of men

%$+P'R* 2 *$4 PR%P%+*( T% 79F/

%MM'T RE&E(('%$,

%)P 41ET*T, or '$+)RRE T'%$ 5*rticle

17

2A <9<8 ) Act -uni!$in. t$e 5ri e of 5ou3 %FGtat a en%in. Artic&e 13;, 135, an% 13< of 5$a3ter 1, Tit&e T$ree of t$e 2evi!e% -ena& 5o%e an% 't$er -ur3o!e!

52 (^_^) ICY

o o o o o o

onspiracy to ommit Rebellion e,ists when there are 6 or more persons come to an agreement concerning the commission of rebellion and decide to commit it Proposal to ommit Rebellion e,ists when a person who has decided to commit rebellion proposes its e,ecution to some other person or persons onspiracy to ommit oup d1Utat e,ists when there are 6 or more persons come to an agreement concerning the commission of coup d1Utat and decide to commit it Proposal to ommit oup d1Utat e,ists when a person who has decided to commit coup d1Utat proposes its e,ecution to some other person or persons onspiracy to ommit 'nsurrection e,ists when there are 6 or more persons come to an agreement concerning the commission of insurrection and decide to commit it Proposal to ommit 'nsurrection e,ists when a person who has decided to commit insurrection proposes its e,ecution to some other person or persons %==' ER+ %R EMP(%2EE+ 5*rticle 79A/

4'+(%2*(T2 %= P)&(' o Elements:

a/ The offender is a P)&(' officer or employee b/ 4uring a rebellion, such public officer or employee: i8 ii8 iii8 =ailed to resist the rebellion by all means within his power; ontinued to discharge or perform his duties and functions under the control of the rebels; *ccepted a position or office under the rebels

'$ 'T'$! T% RE&E(('%$ %R '$+)RRE T'%$ 5*rticle 79?/ o Elements: a/ ommitted by *$2 person b/ 0e incites others to commit rebellion or insurrection by means of: +peeches, Proclamations, ;ritings, Emblems, &anners, or %ther representations tending to the same end

+E4'T'%$ 5*rticle 79@/ o Elements: a/ %ffenders rise publicly and tumultuously; b/ Employ force, intimidation, or by other means outside of legal methods c/ =or any of the following ob-ects: 78 Prevent the promulgation or e,ecution of any law or the holding of any popular election; 68 Prevent the $ational !overnment, or any provincial or municipal government, %R any public officer thereof, from freely e,ercising its or his functions, %R prevent the e,ecution of any administrative order; 4uring the administration of President Estrada, he issued E% 7 appointing ong8 =elicito Payumo as hairman of the +&M* in lieu of Richard !ordon8 The !ordon supporters barricaded the offices of the +&M* and prevented the police from e,ecuting the administrative order by repulsing the policemen who were sent to implement it by force # +E4'T'%$ because they rose publicly and tumultuously and the prevented the e,ecution of an administrative order

53 (^_^) ICY

98 'nflict any act of hate or revenge upon the person or property of any public officer or employee; :8 ommit, any social or political end, any act of hate or revenge against PR'V*TE persons or any social class; and <8 4espoil for any political or social end, any person, municipality or province, %R $ational !overnment of all its PR%PERT2 or any part thereof %$+P'R* 2 T% o %MM'T +E4'T'%$ 5*rticle 7:7/

onspiracy to ommit +edition ta"es place when 6 or more persons come to an agreement concerning the commission of sedition and decide to commit it

'$ 'T'$! T% +E4'T'%$ 5*rticle 7:6/ o ommitted by any person who, without ta"ing any direct part in the crime of sedition, should incite others to the accomplishment of any acts which constitutes sedition in any of the following ways: o +peeches, Proclamations, ;ritings, Emblems, artoons, &anners, or other representation

ommitted by any personMs who shall )TTER seditious words or speeches, ;R'TE, P)&('+0, or 'R )(*TE scurrilous libels *gainst the !overnment of the Philippines, or any of the duly constituted authorities thereof, or ;hich tend to disturb or obstruct any lawful officer in e,ecuting the functions of his office, or ;hich tend to instigate others to *&*( and meet together for unlawful purposes, or ;hich suggest or incite rebellious conspiracies or riots, or ;hich lead or tend to stir up the people against the lawful authorities %R to disturb the peace of the community or the safety of the !overnment, or

ommitted by any person who shall "nowingly conceal such evil practices %$!RE++ 5*ssembly/ *$4 +'M'(*R &%4'E+

* T+ TE$4'$! T% PREVE$T T0E MEET'$! %= 5*rticle 7:9/ o Preventing the meeting of: a/ ongress, b/ +ubJcommittees, c/ onstitutional ommissions, d/ Provincial board, e/ ity council f/ Municipal council o

'f his acts TE$4 to prevent the meeting, the crime is consummated # offender does $%T have to actually prevent the meeting %$!RE++ *$4 +'M'(*R &%4'E+ 5*rticle 7::/

4'+T)R&*$ E %= PR% EE4'$!+ %= o Elements:

54 (^_^) ICY

a/ There is a meeting of ongress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or any provincial board or city or municipal council; b/ The offender performs any of the following acts: 4isturbs any such meetings, &ehaves in such a manner as to interrupt its proceedings %R to impair the respect due it

V'%(*T'%$ %= P*R('*ME$T*R2 'MM)$'T2 5*rticle 7:</ o ommitted by: a/ Preventing any member of ongress from attending the meetings of ongress or any of its committees or divisions by force, intimidation, threats or fraud; b/ Preventing any member of ongress from e,pressing his opinions or casting his vote; c/ *rresting any member of ongress while ongress is in regular or special session, E. EPT when the penalty for the crime is 0'!0ER than prision mayor; d/ +earching any member of ongress while ongress is in regular or special session, E. EPT when the penalty for the crime is 0'!0ER than prision mayor o onstitution states that a member of ongress is immune from search and arrest e,cept when the penalty for the crime be 0'!0ER than PR'+'%$ %RRE '%$*( # the onstitution prevails

'((E!*( *++EM&('E+ 5*rticle 7:F/ o 6 =orms of 'llegal *ssembly: a/ Meeting attended by *RME4 persons for the purpose of committing any of the crimes under the RP b/ Meeting in which the audience is '$ 'TE4 to commit the crime of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agent # participants may or may not be armed o o The meeting could be in a ='.E4 place or M%V'$! ;0% are liable: a/ %rgani3er or leaders of the meeting; b/ Persons merely present at the meeting o Presence of )$(' E$+E4 ='RE*RM in the meeting # Effects: The meeting is presumed to be for the purpose of committing acts punishable under the RP , and The person carrying the unlicensed firearm is considered a leader or organi3er of the meeting

4istinctions
ILLE3AL ASSOCIATION &asis of the liability is the formation of an association to engage in an unlawful purpose which is a violation of the RP , special laws, or those against public morals # it has $%T0'$! to do with decency or acts of obscenity $o meeting necessary The act of forming or organi3ing and membership on the association are punished

ILLE3AL ASSEM&LA &asis of liability is the gathering for an illegal purpose which constitutes a felony under the RP *ctual meeting is necessary 't is the meeting and attendance that are punished

'((E!*( *++% '*T'%$+ 5*rticle 7:A/ o 'llegal associations:

55 (^_^) ICY

a/ *ssociations totally or partially organi3ed for the purpose of committing any of the crimes punishable under the RP b/ *ssociations totally or partially organi3ed for some purpose contrary to public morals o Persons liable: a/ =ounders, directors, and president of the association b/ Mere members of the association 4'RE T *++*)(T+ 5*rticle 7:?/ o 6 =orms of 4irect *ssault: a/ ;'T0%)T public uprising, by employing force or intimidation for the attainment of any of the purposes enumerated in defining crimes of rebellion and sedition; +ee ob-ects of sedition

b/ *ttac"ing, employing force, %R seriously intimidating or resisting any person in authority %R any of his agents w2ile en+a+ed in "2e pe!1o!0ance o1 "2ei! d%"ies OR on occasion o1 s%c2 pe!1o!0ance *ctual performance &y reason of past performance or duty * RET'RE4 -udge is no longer considered a person in authority # assaulting him would ma"e the assailant liable of P2-sical InF%!ies

o o o

* PR'V*TE person who comes to the aid of a person in authority *)T%M*T' *((2 becomes an *!E$T of a person in authority # assailant is liable for 4irect *ssault upon an *gent of a Person in *uthority Policemen # agents of persons in authority * private person who comes to the aid of an *!E$T of a person in authority does $%T become an agent of a person in authority # assailant is liable for Indi!ec" Assa%l" I)*('='E4 *ssault # when the offender: a/ )ses a weapon; b/ 's a public officer or employee; or c/ (ays a hand upon a person in authority # $%T an agent of a person in authority

o o

+light physical in-uries is *&+%R&E4 in the crime of 4irect *ssault # a grave or less grave felony *$$%T be comple,ed with a light felony li"e slight physical in-uries 5*rticle :?/ The crime of less serious physical in-uries is $%T absorbed and can be comple,ed with 4irect assault J e,ample: medical attendance of more than 76 days

'$4'RE T *++*)(T+ 5*rticle 7:@/ o Elements: a/ * person in authority or his agent is the victim of any of the forms of direct assault defined in *rticle 7:? b/ * person comes to the aid of such authority or his agent c/ %ffender ma"es use of force or intimidation upon such person coming to the aid of the authority or his agent o There is $% indirect assault if there is $% direct assault upon an agent of a person in authority PER+%$ '$ *)T0%R'T2: one who is directly vested with -urisdiction to govern and e,ecute the law #

56 (^_^) ICY

78 Municipal mayor; 68 4ivision superintendent of schools; 98 Public and private school teachers; :8 TeacherJnurse; <8 President of sanitary division; F8 Provincial 5fiscal/ Prosecutor; A8 Eustice of peace; ?8 Municipal councilor; @8 &arrio captain and barangay chairman; 7G8 Members of +angguniang &arangay; 778 Members of (upong Tagapayapa and Pang"at Tagapag"asundo *!E$T %= PER+%$ '$ *)T0%R'T2: %ne charged with the maintenance of peace and order and the protection of life and property, and Private persons coming to the aid of a person in authority %$!RE++, 'T+ %MM'TTEE+ or +)& %MM'TT'E+, &2 %MM'TTEE+, +)& %MM'TTEE+, or 4'V'+'%$+ 5*rticle

4'+%&E4'E$ E T% +)MM%$+ '++)E4 &2 T0E %$+T'T)T'%$*( %MM'++'%$+, 'T+ 7<G/ o *cts punished: &y #

a/ Refusing, without legal e,cuse, to obey summons of the following: ongress, 'ts special or standing committees and subcommittees, onstitutional commissions 'ts committees, subcommittees, or divisions, *ny commission or committee chairman or member *)T0%R'LE4 to summon witnesses;

b/ Refusing to be sworn or place under affirmation while being before such legislative or constitutional body or official; c/ Refusing to answer any legal in>uiry %R to produce any boo"s, papers, documents, or records in his possession, when re>uired by them to do so in the e,ercise of their functions; d/ Restraining another from attending as a witness in such legislative or constitutional body; e/ 'nducing disobedience to a summons or refusal to be sworn by any such body or official RE+'+T*$ E *$4 4'+%&E4'E$ E T% * PER+%$ '$ *)T0%R'T2 or T0E *!E$T+ %= +) 0 PER+%$ 5*rticle 7<7/ o Elements of Resistance and +erious 4isobedience 5first paragraph/: a/ * person in authority or his agent is engaged in the performance of official duty %R gives a lawful order to the offender; b/ %ffender resists or seriously disobeys such person in authority or his agent; c/ The act of the offender is $%T included in the provisions of *rticles 7:?, 7:@ and 7<G o Elements of +imple 4isobedience 5second paragraph/: a/ *n *!E$T of a person in authority is engaged in the performance of official duty %R gives a lawful order to the offender; b/ %ffender disobeys such agent of a person in authority; c/ +uch disobedience is $%T of a serious nature o 4istinction

57 (^_^) ICY

RESISTANCE o! SERIO>S #ISO&E#IENCE The person in authority or his agent must be in actual performance of his duties ommitted only by resisting or seriously disobeying a person in authority or his agent =orce is $%T so serious, as there is no manifest intention to defy the law and the officers enforcing it

#IRECT ASSA>LT Person in authority or his agent must be engaged in performance of official duties %R that he is assaulted by reason thereof 4irect assault in the second form is committed by attac"ing, employing force, serious intimidation, and serious resistance of a person in authority or his agent +erious and deliberate employment of force or attac"

;hen the one who resisted is a PER+%$ '$ *)T0%R'T2, the use of *$2 "ind or degree of force will give rise to #i!ec" Assa%l" %R4ER 5*rticle 7<9/

T)M)(T+ *$4 %T0ER 4'+T)R&*$ E+ %= P)&(' o *cts punishable:

a/ ausing any serious disturbances in a public place, office or establishment; b/ 'nterrupting or disturbing public performance, function or gathering, or peaceful meetings, if the act is $%T included in *rticle 797 and 796; c/ Ma"ing derogatory remar"s leading to incite rebellion or sedition in any meeting, association, or P)&(' place; d/ 4isplaying placards or emblems which provo"e a disturbance of public order in such place; e/ &urying with pomp the body of a person who has been legally e,ecuted o o T)M)(T)%)+ disturbance or interruption: when it is committed by at least =%)R *RME4 person %R provided with means of V'%(E$ E The crime of 4isturbance of Public %rder can be committed even in PR'V*TE places where P)&(' functions are being held

)$(*;=)( )+E %= ME*$+ %= P)&(' *T'%$ and )$(*;=)( )TTER*$ E+ 5*rticle 7<:/ o *cts punished: a/ Publishing or causing to be published, by means of printing, lithography or any other means of publication, as $E;+ any false news which may Endanger the public order, or ause damage to the interest or credit of the +tate;

b/ Encouraging disobedience to the law or to the constituted authorities %R praising, -ustifying or e,tolling any act punishable by law, by the same means or by words, utterances or speeches; 5)$(*;=)( )TTER*$ E+/ c/ Maliciously publishing or causing to be published any official resolution or document ;ithout proper authority, %R &efore they have been published officially;

d/ Printing, publishing or distributing 5or causing the same/ boo"s, pamphlets, periodicals, or leaflets which 4o $%T bear the real printer1s name %R *re classified as anonymous

*(*RM+ *$4 + *$4*(+ 5*rticle 7<</ o *cts punished:

58 (^_^) ICY

a/ 4ischarging any firearm, roc"et, firecrac"er, or other e,plosive within a town or public place, calculated to cause alarm or danger; b/ 'nstigating or ta"ing an * T'VE part in any charivari or other disorderly meeting offensive to another or pre-udicial to public tran>uility; c/ 4isturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements; d/ ausing any disturbance or scandal in public places while into,icated or otherwise o o o +candal # does $%T refer to moral scandal in contemplation of *rticle 6GG, RP *rticle 7<< deals with disturbance of PE* E and TR*$I)'('T2 =iring a gun: =ired in public and is $%T directed to any person P Ala!0s and Scandal =ired at a particular person ;'T0%)T intent to "ill P Ille+al #isc2a!+e o1 /i!ea!0 =iring a gun at a person with intent to "ill P :o0icide M%!de! 5attempted, frustrated, consummated as the case may be/

harivari: moc" serenade, a medley of discordant voices wherein the supposed serenades use bro"en tins, bro"en pots, bottles or other utensils # noise offensive to the sense of hearing and it disturbs peace and tran>uility

4E('VER'$! PR'+%$ER+ =R%M E*'( 5*rticle 7<F/ o Elements: a/ There is a person confined in a -ail or penal establishment, whether as a detention prisoner under *rticle 6@, RP or a convict serving sentence; b/ %ffender removes the person confined from such -ail or personal establishment %R helps in the escape of such person c/ %ffender: *ny private person, %R -ail guard or warden o %ffender is a -ail guard or warden who has )+T%42 of the person P In1ideli"- in "2e C%s"od- o1 P!isone!s %ffender is $%T the custodian P #elive!- o1 P!isone! 1!o0 <ail ommission: Violence, 'ntimidation, &ribery

Means of

%ffender may be liable for 6 crimes # orruption of Public %fficer 5*rticle 676/ and 4elivery of Prisoner from Eail %R 4irect &ribery 5*rticle 67G/ and 'nfidelity in the ustody of Prisoner 5*rticle 669/ Escapee is a convict serving sentence # liable for Evasion of +ervice of +entence 5*rticle 7<A/ Escapee is a detention prisoner who is aware of the escape plan # 4elivery of Prisoner from Eail as principal by indispensable cooperation Escapee is a detention prisoner who is $%T aware of the escape plan # $%T liable since there is $% law punishing it

EV*+'%$ %= +ERV' E %= +E$TE$ E 5*rticle 7<A/ o Elements: a/ %ffender is serving sentence by ='$*( -udgment; b/ 0e evade service of sentence o 9 Kinds of Evasion of +ervice of +entence: a/ Evasion of +ervice of +entence 5*rticle 7<A/ b/ Evasion of service of sentence on the occasion of 4isorder or %ther 5*rticle 7<?/ c/ Violation of conditional pardon 5*rticle 7<@/

alamities

59 (^_^) ICY

I)*('='E4 Evasion of +ervice of +entence: Evasion is # a/ &y means of unlawful entry; b/ &y using pic"loc"s, false "eys, disguise, deceit, violence or intimidation; c/ Through connivance with other convicts or employees of the penal institution

4estierro is a penalty which constitutes deprivation of liberty # if a person is sentenced to suffer said penalty shall evade sentence, he is liable for Evasion of +ervice of +entence 5People vs8 *biong, ?6 Phil8 7A:/ The penalty for evading service *$$%T be more than the penalty evaded 5+ee People vs8 Ponce de (eon, <F Phil8 9?F/ *+'%$ %= 4'+%R4ER+ 5*rticle 7<?/

EV*+'%$ %$ % o Elements:

a/ %ffender is a convict by ='$*( -udgment who is confined in a PE$*( institution; b/ There is a disorder resulting from: c/ 0e evades service of sentence by leaving the penal institution on the occasion of such disorder or during the mutiny; d/ 0e =*'(+ to give himself up to the authorities within the :? hours following the issuance of a p!ocla0a"ion by the hief E,ecutive announcing the passing away of such calamity o RE;*R4 for returning within :? hours after the announcement of passing away of the calamity # penalty 4E4) T'%$ e>uivalent to 7M< of the original sentence 5special time allowance for loyalty, *rticle @?/ %$4'T'%$*( P*R4%$ 5*rticle 7<@/

V'%(*T'%$ %= o

Elements: a/ %ffender is a convict; b/ 0e was granted pardon by the hief E,ecutive; c/ 0e violated any conditions of the pardon

o %MM'++'%$ %= *$%T0ER R'ME 4)R'$! +ERV' E %= PE$*(T2 'MP%+E4 =%R *$%T0ER PREV'%)+ %==E$+E 5*rticle 7FG/ o o I)*+'JRE '4'V'+T: any person who shall commit a felony while serving sentence %R before serving sentence # ma,imum penalty for the new felony shall be imposed Elements: a/ %ffender is convicted by final -udgment of a felony or an offense; b/ 0e commits a felony before beginning to serve such sentence %R while serving the same o (egal conse>uence of >uasiJrecividism # aggravating circumstance

a. #ec!ee Codi1-in+ "2e Laws on Ille+al / >nlaw1%l Possession Man%1ac"%!e #ealin+ in Ac5%isi"ion o! #isposi"ion o1 /i!ea!0s A00%ni"ion o! E$plosives (P.#. 1?88 as a0ended ,- R.A. ?2*7. as an ele0en" o1 "2e c!i0es o1 !e,ellion ins%!!ec"ion sedi"ion o! a""e0p"ed co%p dGe"a" o 'f 0%M' '4E or M)R4ER is committed with the use of unlicensed firearm, such use of an unlicensed firearm shall be considered as an *!!R*V*T'$! circumstance 5third paragraph, +ection 7, P4 7?FF as amended/ 'f the violation is in furtherance of %R incident to, %R in connection with the crime of rebellion, insurrection, sedition, or attempted coup d1etat, such violation shall be *&+%R&E4

60 (^_^) ICY

as an element of the crime of rebellion, insurrection, sedition, or attempted coup d1etat 5fourth paragraph, +ection 7, P4 7?FF as amended/ o ,. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2. (1. P%nis2a,le ac"s o1 "e!!o!is0 The crime of Terrorism is committed by any person who engages in any of the following acts punishable under the RP and other special laws:
SPECIAL LAWS 78 *rson 5P4 7F79/ 68 To,ic +ubstances and 0a3ardous and $uclear ;aste ontrol *ct 5R* F@F@/ 98 *tomic Energy Regulatory and (iability *ct 5R* <6GA/ :8 *ntiJ0i-ac"ing (aw 5R* F69</ <8 *ntiJPiracy and *ntiJ0ighway Robbery (aw 5P4 <96/ F8 'llegal Possession of =irearms 5P4 7?FF/

78 68 98 :8 <8 F8

RECISE# PENAL CO#E Piracy and Mutiny 5*rticle 766/ Rebellion or 'nsurrection 5*rticle 79:/ oup d1Utat 5*rticle 79:J'/ Murder 5*rticle 6:?/ Kidnapping and +erious 'llegal 4etention 5*rticle 6FA/ rimes involving destruction 5*rticle 96:/

P()+ the following re>uisite are present: a/ The act committed +%;+ and RE*TE+ a condition of ;'4E+PRE*4 and E.TR*%R4'$*R2 =E*R and panic among the populace; b/ 'n order to %ER E the government to give in to an )$(*;=)( 4EM*$4

(2. W2o a!e lia,le a/ Principals by 4'RE T P*RT' 'P*T'%$ b/ *ccomplices *ny person who, $%T being a principal under *rticle 7A, RP $%R a conspirator as defined in +ection :, R* @9A6, cooperates in the e,ecution of the crime or conspiracy to commit terrorism by previous or simultaneous acts 5+ection <, R* @9A6/ %ne who cooperates in the e,ecution of the crime of Terrorism %ne who cooperates in the e,ecution of the crime of onspiracy to ommit Terrorism by previous or simultaneous acts

c/ *ccessories *ny person who having "nowledge and without having participated therein, either as principal or accomplice under *rticle 7A and 7? of the RP , ta"es part subse>uent to its omission in any of the following manner: 7/ &y profiting himself or assisting the offender to profit by the effects if the crime; 6/ &y concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; 9/ &y harboring, concealing or assisting in the escape of the principal or conspirator of the crime *ccessories who are E.EMPT from riminal (iability: spouses, ascendants, descendants, legitimate, natural and adopted brothers and sisters or relatives by affinity within the same degrees in paragraph 6 and 9

(4. A,so!p"ion p!inciple in !ela"ion "o co0ple$ c!i0es 7. C!i0es A+ains" P%,lic In"e!es" (181)1?B.@ in addi"ionE

61 (^_^) ICY

%)$TER=E'T'$! T0E !RE*T +E*( %= T0E !%VER$ME$T %= T0E P0'('PP'$E+ 5*rticle 7F7/ o *cts punished: a/ =orging the great seal of the !overnment of the Philippines b/ =orging the signature of the President o o )$*)T0%R'LE4 use of the genuine seal or the genuine signature of the President to the PREE)4' E of another person P Es"a1a under *rticle 97<56/, RP 9 *cts of falsification: 78 ounterfeiting # refers to money or currency # coins or bills; 68 =orgery # refers to instruments of credit and obligations and securities issued by the Philippine government to issue the same # i8e8 sweepsta"es tic"ets, documents of a foreign government =%R!ER2 is committed by the following means: 5*rticle 7F@/ a/ &y giving to a treasury or ban" note or any instrument payable to bearer or order N the *PPE*R*$ E of a true genuine document; b/ &y erasing, substituting, counterfeiting or altering by any means the figures, letters, words, signature, contained therein *rt =orgery *ct of 6GG7 5+ection 95a/, R* @7G</ # *rt forgery is committed by any person or entity who commits any of the following acts:

a) *ffi,ing or causing to appear a usurped or forged signature or sign on

any wor" of fine art7?; b/ ounterfeiting or imitating any original signature or sign with the '$TE$T T% 4E E'VE the public or the buyer as to the authorship of the wor" of art; c/ +elling or circulating any wor" of fine art bearing forged or usurped signatures or signs; and d/ 'mitating or reproducing any wor" of fine art with '$TE$T T% 4E E'VE the public or the buyer as to authenticity of the wor" 98 =alsification # can only be committed on 4% )ME$T+ K'$4+ of =alsification: a/ =alsification of legislative documents 5*rticle 7AG/ b/ =alsification of a document by a public officer, employee, notary public or ecclesiastical minister 5*rticle 7A7/ c/ =alsification of a public, official, or commercial documents by a private individual and use of falsified documents 5*rticle 7A6/ d/ =alsification of a private document by any person 5*rticle 7A6/ e/ =alsification of a wireless, telegraph, and telephone messages 5*rticle 7A9/ )+'$! =%R!E4 +'!$*T)RE %R o Elements: a/ The great seal of the Republic was counterfeited or forged %R the signature or stamp of the hief E,ecutive was forged by another person; b/ %ffender "nows of the counterfeiting or forgery; c/ %ffender )+E4 the counterfeit seal or forged signature or stamp
18

%)$TER=E'T'$! +E*( %R +T*MP 5*rticle 7F6/

M*K'$! *$4 'MP%RT'$! *$4 )TTER'$! =*(+E

%'$+ 5*rticle 7F9/

u&ti3&e! !uc$ a! .ra3$ic an% 3$oto.ra3$ic #or/! an%

6'2H 'F FIN* A2T" A&& ori.ina& #or/! of art &i/e 3aintin.!, !cu&3ture, %ra#in.! an% art #or/ 3ro%uce% in !cu&3ture ca!t!, *+5*-T #or/! inten%e% to (e a!!I3ro%uce% for co ercia& u!e :Section 3:(=, 2A 91D5=

62 (^_^) ICY

o o o

;ho are liable: persons who M*KE, 'MP%RT, or )TTER =*(+E coins, in connivance with counterfeiters or importers ounterfeiting of %'$+: imitation of genuine coins, whether legal tender %R $%T P%++E++'%$ %= %)$TER=E'T M%$E2, 6 Elements: a/ The intent to use the counterfeit money, and b/ Knowledge that the money in his possession is a counterfeit money

o o

Mere possession of counterfeit money is $%T a crime # to constitute a crime, the possession must be coupled with '$TE$T T% )+E any of such counterfeit money (aw prohibit people from trying to imitate the manufacture of money %'$+, 'MP%RT*T'%$ *$4 M)T'(*TE4 %'$+ 5*rticle 7F9/

M)T'(*T'%$ %= o

Mutilation of coins: the 4E('&ER*TE act of diminishing the proper metal contents of the coin either by scraping, scratching or filling the edges of the coin and the offender !*T0ER+ the metal dust that has been scraped by the coin Elements: a/ The coin, $%T a bill, 4E('&ER*TE(2 mutilated is (E!*( TE$4ER b/ %ffender !*'$+ from the precious metal e,tracted from the coin # gathers them

P4 6:A # 4efacement, Mutilation, Tearing, &urning, or 4estroying oins

entral &an" $otes and

't shall be unlawful for *$2 person to willfully deface, mutilate, tear or destroy in *$2 manner whatsoever, currency notes and coins issued by the entral &an" P4 6:A covers both coins and bills 'f offender does $%T gather the precious metals e,tracted from the coin, he is liable for violation of P4 6:A %'$+, without connivance 5*rticle 7F</

+E(('$! %= =*(+E M)T'(*TE4 o *cts punished:

a/ Possession of false or mutilated coins with intent to utter; and b/ *ctually uttering such coins ;'T0%)T connivance with the ma"er or importer =%R!'$! TRE*+)R2 %R &*$K $%TE+ %R %T0ER 4% )ME$T+ P*2*&(E T% &E*RER, 'MP%RT'$! +) 0 =*(+E %R =%R!E4 $%TE+ *$4 4% )ME$T+ 5*rticle 7FF/ o *cts of forgery that are punished: a/ =orging or falsification of treasury or ban" notes or other documents payable to bearer; b/ 'mportation of such false or forged obligations or notes; c/ )ttering of such false or forged obligations or notes in connivance with the forgers or importers o o The forgery contemplated by law is that one perpetrated to 4E E'VE the public # if the alteration is too obvious that a person cannot be deceived at all, there is $% forgery =orgery may also be committed on foreign e,change accepted as currency in the Philippines

%)$TER=E'T'$!, 'MP%RT'$! *$4 )TTER'$! '$+TR)ME$T+ $%T P*2*&(E T% &E*RER 5*rticle 7FA/ o Elements: a/ There is an instrument payable to order or other documents of credit $%T payable to bearer;

63 (^_^) ICY

b/ The offender either forged, imported or uttered such instrument; c/ 'n case of uttering, he connived with the forger or importer '((E!*( P%++E++'%$ %R )+E %= =%R!E4 TRE*+)R2 %R &*$K $%TE+ *$4 %T0ER '$+TR)ME$T+ %= RE4'T 5*rticle 7F?/ o Elements: a/ The following is forged or falsified by another person: * treasury or ban" note or other obligation and security payable to &E*RER, %R any instrument payable to %R4ER or other documents of credit $%T payable to bearer

b/ %ffender "nows that any of those instruments is forged or falsified o *cts punished: a/ Possession with "nowledge that the chec"s were falsified 5animus possidendi/ b/ 'ntent to use or utter the same =*(+'=' *T'%$ %= (E!'+(*T'VE 4% )ME$T+ 5*rticle 7AG/ o Elements: a/ There is a bill, resolution or ordinance enacted or approved or pending approval by ongress or any provincial, city or municipal board; b/ %ffender alters the same; c/ %ffender does $%T have the proper authority =*(+'=' *T'%$ &2 P)&(' 5*rticle 7A7/ o Elements: a/ The offender is a public officer, employee or notary public; b/ 0e ta"es advantage of his official position; c/ 0e falsifies a document by any of the following 5?/ acts: 78 68 ounterfeiting or imitating any handwriting, signature or rubric; ausing it to appear that persons have participated in any act or proceeding when they did $%T in fact participate; 98 *ttributing to persons who have participated in an act or proceeding statements other than those in fact made by them; lient as"ed for a hattel Mortgage document and the notary prepared an *bsolute 4eed of +ale instead %==' ER, EMP(%2EE %R $%T*R2 %R E (E+'*+T' *( M'$'+TER

:8 Ma"ing untruthful statements in a narration of facts; Elements: i8 ii8 iii8 iv8 %ffender has a le+al o,li+a"ion to disclose the truth of the facts narrated; 0e has "nowledge that the facts narrated by him are false; 0e ma"es in a document untruthful statement in a narration of facts; There must be wrongful intent to in-ure a third party # $%T necessary in P)&(' 4% )ME$T+ 5+i>uian vs8 People, 7A7 + R* 669/

64 (^_^) ICY

&ar applicant convicted of Robbery answers Q$%R in his application untruthfully on the >uestion Qhave you ever been charged or convicted of a crime involving moral turpitudeVR !ood faith and 0onest mista"e of fact is a 4E=E$+E

<8 *ltering true dates; 4ate must be material or essential to the document such that the integrity of the document is affected 'f alteration is made to rectify and ma"e the document spea" the truth, there is $% falsification

F8 Ma"ing any alteration or intercalation in a genuine document which changes its meaning; Elements: i8 ii8 iii8 There is a genuine document; *n intercalation or substitution is made therein; The change made the document spea" of something false

A8 'ssuing in an authenticated form a document purporting to be a copy of an original document when $% such original e,ists, %R including in such copy a statement contrary to or different from, that of the genuine original; or ?8 'ntercalating any instrument or note relative to the issuance thereof in a protocol, registry, or official boo" o E (E+'*+T' *( M'$'+TER # commit any of the offenses enumerated N with respect to any record or document of such character that its falsification may affect the 'V'( +T*T)+ of persons 4istinction:
/ALSI/ICATION O/ P>&LIC #OC>MENT 4amage or intent to cause damage is $%T an element # what is violated is P)&(' =*'T0 /ALSI/ICATION O/ PRICATE #OC>MENT 4amage to a third party or at least intent to cause damage is punishable

=*(+'=' *T'%$ &2 PR'V*TE '$4'V'4)*(+ *$4 )+E %= =*(+'='E4 4% )ME$T+ 5*rticle 7A6/ o Elements of =alsification by Private 'ndividuals: a/ %ffender is a private individual b/ 0e committed any act of falsification under *rticle 7A7 c/ The falsification is committed in a public, official or commercial document or letter of e,change o *cts punishable: 5+ee ? instances under *rticle 7A7/ a/ =alsification of a public, official or commercial document committed by a PR'V*TE person; b/ =alsification of a private document committed by a private person; There must be damage sustained by another person, or at least intent to cause damage

c/ )se of falsified document o : Kinds of 4ocuments: 7/ P)&(' 4% )ME$T: document e,ecuted with the participation of a person in authority %R a notary public # i8e8 ity council resolution, criminal information in court, appointment made by mayor

65 (^_^) ICY

&roader than an official document $ot necessarily an official document &efore a public document becomes an official document, there must be a (*; which re>uires a public officer to issue such a document

6/ %==' '*( 4% )ME$T: document issued by a P)&(' official in the e,ercise of his official functions # i8e8 official receipt 9/ %MMER '*( 4% )ME$T: any document recogni3ed by the ode of ommerce or any mercantile law # i8e8 chec"s, bill of lading, passenger manifest :/ PR'V*TE 4% )ME$T: any document e,ecuted by private persons without the intervention of a notary public %R any other authori3ed persons # i8e8 written receipt prepared by a creditor or debtor $%TE: 4ocument falsified is P)&(' , %==' '*(, or %MMER '*( document # falsification may be %MP(E.E4 with the felony of Estafa or some other felonies

Elements of )+E of =alsified documents: a/ %ffender "nows that the document is falsified by *$%T0ER person; b/ The false document is covered by *rticle 7A7 or 7A6; c/ 0e introduced said evidence in evidence in *$2 -udicial proceeding

* person in possession of a falsified document and who made use of the same is PRE+)ME4 to be the falsifier

=*(+'=' *T'%$ %= ;'RE(E++, *&(E, TE(E!R*P0 *$4 TE(EP0%$E ME++*!E+ *$4 )+E %= +*'4 =*(+'='E4 ME++*!E+ 5*rticle 7A9/ o ;ho are liable: a/ %fficer or employee of the !overnment engaged in the service of sending or receiving wireless, cable or telephone message b/ Employee of a PR'V*TE corporation engaged in the sending or receiving wireless, cable or telephone message o *cts punishable: a/ )ttering fictitious wireless, telegraph or telephone message Mere utterance is a felony # damage is $%T an element

b/ )se of falsified messages Elements: 7/ %ffender "nows that wireless, cable, telegraph, or telephone messages were falsified by an officer or employee of the government %R employee of a private corporation engaged in the service of serving or receiving wireless, cable or telephone message; 6/ 0e used the falsified message; 9/ The use RE+)(TE4 to the pre-udice of a third person, or at least there was intent to cause such pre-udice =*(+E ME4' *( o ERT'=' *TE+, =*(+E ERT'=' *TE+ %= MER'T %R +ERV' E 5*rticle 7A:/

Persons liable: a/ Physician or surgeon who, in connection with the practice of his profession, shall issue a false certificate; b/ Public officer who shall issue a false certificate of merit or service, good conduct or similar circumstances

66 (^_^) ICY

)+'$! =*(+E o

ERT'=' *TE+ 5*rticle 7A</

Elements: a/ There must be a false certificate as defined in *rticle 7A:; b/ Knowledge that the certificates is false; c/ %ffender uses the same

M*$)=* T)R'$! *$4 P%++E++'%$ %= '$+TR)ME$T+ %R 'MP(EME$T+ =%R =*(+'=' *T'%$ 5*rticle 7AF/ o *cts punishable: a/ Ma"ing or introducing into the Philippines any stamps, dies, mar"s or other instruments or implements for counterfeiting or falsification b/ Possession with '$TE$T T% )+E said instruments or implements for counterfeiting or falsification made in or introduced in the Philippines

)+)RP*T'%$ %= *)T0%R'T2 %R %==' '*( =)$ T'%$+ 5*rticle 7AA/ o Elements of )surpation of *uthority: a/ %ffender "nowingly and falsely represents himself b/ To be an officer, agent or representative of any department or agency of the Philippine government %R of any foreign government o Elements of )surpation of %fficial =unctions: a/ %ffender performs an act; b/ *ct pertains to any person in authority %R public officer of the Philippine !overnment %R any foreign country or agency thereof; c/ )nder the pretence of official position and without being lawfully entitled to do so o 4istinctions:
>S>RPATION O/ O//ICIAL />NCTIONS Essential that the offender should have performed an * T pertaining to a person in authority or P)&(' officer # officer, agent, representative of any department or agency of the government 5false pretense of official position/

>S>RPATION O/ A>T:ORITA Mere act of "nowingly and falsely representing oneself to be an officer is sufficient # $%T necessary to perform an act pertaining to public officers

)+'$! =' T'T'%)+ $*ME *$4 o

%$ E*('$! TR)E $*T)RE 5*rticle 7A?/

Elements of )sing =ictitious $ame: a/ %ffender uses a name other than his real name; b/ =ictitious name was used P)&(' (2; c/ The purpose is to: onceal a crime, Evade a -udgment, ause damage to public interest

ommonwealth *ct 7:6 # Regulating the )se of *liases )se any name 4'==ERE$T from the one with which he was Registered at birth in the office of the local civil registry, %R Registered in the &ureau of 'mmigration upon entry,

)se any name 4'==ERE$T from such substitute name as may have been authori3ed by a competent court

67 (^_^) ICY

)se a name 4'==ERE$T from one ;ith which he was christened, or &y which he has been "nown since his childhood television, radio, or other

E,cept as a P+E)4%$2M for literary, cinema, entertainment and in athletics events purposes oncealing True $ame:

Elements of

a/ %ffender conceals his true name and %T0ER PER+%$*( b/ Purpose is to conceal his identity o

'R )M+T*$ E+;

True name, *$4 civil status, address, age or birthdate, or profession, etc

4istinctions:
CONCEALIN3 TR>E NAME Public use is $%T necessary Purpose is only to conceal '4E$T'T2

>SIN3 /ICTITIO>S NAME Public use is an element Purpose is to conceal a R'ME, evade -udgment, or cause damage to public interest

'((E!*( )+E %= )$'=%RM+ %R '$+'!$'* 5*rticle 7A@/ o Elements: a/ %ffender ma"es use of insignia, uniforms or dress; b/ 'nsignia, uniform or dress pertains to an office $%T held by offender %R a class of persons of which offender is $%T a member; )niform of a public office which symboli3es authority $%T referring to school uniform used by a nonJstudent to entice customers

c/ +aid insignia, uniform or dress is used publicly and improperly o Purpose of liability: use of uniforms or insignia N may deceive the public to the e,tent that public interest will be pre-udiced

=*(+E TE+T'M%$2 *!*'$+T * 4E=E$4*$T 5*rticle 7?G/ o Elements: a/ b/ c/ d/ There is a R'M'$*( proceeding; %ffender testifies =*(+E(2 %nde! oa"2 *!*'$+T the accused; %ffender who gives false testimony K$%;+ that it is false; 4efendant against whom the false testimony is given is either * I)'TTE4 or %$V' TE4 in a final -udgment

=*(+E TE+T'M%$2 =*V%R*&(E T% T0E 4E=E$4*$T 5*rticle 7?7/ o Elements: a/ There is a R'M'$*( case; b/ * person gives false testimony c/ 'n =*V%R of the accused

=*(+E TE+T'M%$2 '$ o Elements:

'V'(

*+E+ 5*rticle 7?6/

a/ Testimony is given in an %R4'$*R2 'V'( case b/ Testimony relates to the iss%es p!esen"ed in said case;

68 (^_^) ICY

c/ Testimony is =*(+E; d/ %ffender K$%;+ that the testimony is false; e/ Testimony is malicious and given with an '$TE$T T% *==E T the issues presented in the case o o This does $%T apply to special civil actions =alse testimony in civil cases =%R or *!*'$+T any of the litigants *+E *$4 PERE)R2 5*rticle 7?9/

=*(+E TE+T'M%$2 '$ %T0ER o *cts punishable:

a/ &y falsely testimony under oath; *pplies to cases $%T covered by *rticles 7?G, 7?7, and 7?6 +pecial proceedings, special civil actions, etc

b/ &y ma"ing a false affidavit o o PERE)R2: willful and deliberate assertion of falsehood in writing and under oath made upon a material matter before a competent officer authori3ed to administer oaths Elements of Per-ury: a/ %ffender ma"es a statement under oath %R e,ecutes an affidavit upon a 0a"e!ial 0a""e!; b/ +tatement or affidavit is made before a competent officer, a%"2o!iDed "o !eceive and ad0inis"e! oa"2s; c/ %ffender ma"es a willful and deliberate assertion of a falsehood in the statement of affidavit; d/ The sworn statement or affidavit containing the falsity is REI)'RE4 &2 (*; Material matter: means the 5)+ vs8 Estrana, 7F Phil8 <6G/ Main fact which is the sub-ect of in>uiry %R *ny circumstance which tends to prove the fact %R *ny circumstance which tends to corroborate or strengthen the testimony relative to the sub-ect of the in>uiry %R which legitimately affects the credit of any witness who testified

=alse affidavit or sworn statement is the basis of per-ury

%==ER'$! =*(+E TE+T'M%$2 '$ EV'4E$ E 5*rticle 7?</ o Elements: a/ %ffender offers in evidence a false witness %R testimony; b/ %ffender "nows that the witness or the testimony is false c/ The offer is made in any -udicial or office proceeding o o There is $% such crime as subornation of per-ury # committed by a person who deliberately procures another to testify falsely and the person procured actually testifies as told Mere inconsistencies or contradictions on material points in a testimony or affidavit would $%T be enough to convict an accused for false testimony or per-ury # the prosecution must prove that the statement is false by other evidence *) T'%$ 5*rticle 7?</

M* 0'$*T'%$ '$ P)&(' o *cts punishable:

a/ +oliciting any gift or promise as a consideration for restraining from ta"ing part in any public auction # E(EME$T+:

69 (^_^) ICY

7/ There is a public auction; 6/ %ffender solicits any gift or promise from any of the bidders; 9/ The gift or promise solicited is the consideration for refraining from ta"ing part in the public auction; :/ The purpose of the offender is to RE#>CE "2e p!ice b/ *ttempting to cause bidders to stay away from an auction by threats, gifts, promises or any other artifice o o Purpose of Machination in Public *uction # to (%;ER T0E PR' E of the thing auctioned # $%T prevent the auction from ta"ing place $% attempted stage, $% frustrated stage # mere attempt to cause bidders to stay away from the public bidding consummates the crime %M&'$*T'%$+ '$ RE+TR*'$T %= TR*4E 5*rticle 7?F/

M%$%P%('E+ *$4 o

*cts punishable: a/ ombination to prevent free trade %R free competition in the mar"et Elements: 7/ Entering into a contract or agreement %R ta"ing part in any conspiracy or combination in the form of a trust or otherwise; 6/ 'n restraint of trade or commerce %R to prevent by artificial means free competition in the mar"et b/ Monopoly to restrain free competition in the mar"et Elements: 7/ Monopoli3ing any merchandise or ob-ect of trade or commerce, %R by combining with any other personMs to monopoli3e said merchandise or ob-ect; 6/ *ltering the price by spreading false rumors %R ma"ing use of any other artifice; 9/ To restrain free competition in the mar"et c/ Manufacturer, producer, or processor or importer co0,inin+ conspi!in+ o! a+!eein+ with any person to ma"e transactions PREE)4' '*( to lawful commerce %R to '$ RE*+E the mar"et price of merchandise

'MP%R*T'%$ *$4 4'+P%+'T'%$ %= =*(+E(2 M*RKE4 *RT' (E+ %R MER 0*$4'+E M*4E %= !%(4, +'(VER, %R %T0ER PRE '%)+ MET*(+ %R T0E'R *((%2+ 5*rticle 7?A/ o Elements: a/ %ffender imports, sells, or disposes articles made of gold, silver, or other precious metals or alloys; b/ The stamps, brands, or mar"s of those articles of merchandise =*'( to indicate the actual fineness or >uality of said metals or alloys; c/ %ffender K$%;+ that the stamps, brands, or mar"s of those articles of merchandise =*'( to indicate the actual fineness or >uality of said metals or alloys a. T2e New P%,lic &iddin+ Law (R.A. *1?7 6 3ove!n0en" P!oc%!e0en" Re1o!0 Ac". (1. P!o2i,i"ed ac"s ;ithout pre-udice to the provisions of Republic *ct $o8 9G7@ 5*ntiJ!raft and orrupt Practice *ct/ and other penal laws, p%,lic o11ice!s are prohibited to commit any of the following acts: 5+ection F<5a/, R* @7?:/

70 (^_^) ICY

78 %pen any sealed &id including but $%T limited to &ids that may have been submitted through the electronic system and any and all documents re>uired to be sealed or divulging their contents, prior to the appointed time for the public opening of &ids or other documents8 68 4elaying, without -ustifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of &ids or other documents8 98 )nduly influencing or e,erting undue pressure on any member of the &* or any officer or employee of the procuring entity to ta"e a particular bidder8 :8 +plitting of contracts which e,ceed procedural purchase limits and competitive bidding <8 ;hen the head of the agency abuses the e,ercise of his power to re-ect any and all bids as mentioned under +ection :7, R* @7?: with manifest preference to any bidder who is closely related to him in accordance with +ection :A, R* @7?: ;hen any of the foregoing acts is done in collusion with private individuals, the private individuals shall li"ewise be liable for the offense8

Private individuals who commit any of the following acts, including any public officer, who conspires with them: 5+ection F<5b/, R* @7?:/ 78 ;hen 6 or more bidders agree and submit different &ids as if they were bona fide, when they "new that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the preJarranged lowest &id8 68 ;hen a bidder maliciously submits different &ids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact e,ist so as to be ad-udged as the winning bidder8 98 ;hen 6 or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure as undue advantage to any one of them8 :8 ;hen a bidder, by himself or in connivance with others, employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public8

Private individuals who commit any of the following acts, and any public officer conspiring with them: 5+ection F<5c/, R* @7?:/ 78 +ubmit eligibility re>uirements of whatever "ind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility re>uirements when the information will lead to a declaration of ineligibility from participating in public bidding8 68 +ubmit &idding 4ocuments of whatever "ind and nature than contain false information or falsified documents or conceal such information in the &idding 4ocuments, in order to influence the outcome of the public bidding8 98 Participate in a public bidding using the name of another or allow another to use oneSs name for the purpose of participating in a public bidding8 :8 ;ithdraw a &id, after it shall have >ualified as the (owest alculated &idM0ighest Rated &id, or to accept and award, without -ust cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder8 This shall include the nonJsubmission of re>uirements such as, but not limited to, performance security, preparatory to the final award of the contract8

;hen the bidder is a -uridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts 5+ection F<5d/, R* @7?:/

71 (^_^) ICY

,. An"i)Alias Law (C.A. 172. (1. P%nis2a,le ac"s a/ )se any name 4'==ERE$T from the one with which he was Registered at birth in the office of the local civil registry, %R Registered in the &ureau of 'mmigration upon entry,

b/ )se any name 4'==ERE$T from such substitute name as may have been authori3ed by a competent court c/ )se a name 4'==ERE$T from one ;ith which he was christened, or &y which he has been "nown since his childhood

(2. E$cep"ion 6 Pseudonym for purposes of: (iterary, inema, Television, %ther entertainment *thletic events

9. C!i0es Rela"ive "o Opi%0 and o"2e! P!o2i,i"ed #!%+s a. T2e Co0p!e2ensive #an+e!o%s #!%+s Ac" o1 2002 (R.A. *189. o $% more distinction between dangerous drugs and prohibited drugs (1. P%nis2a,le ac"s a/ b/ c/ d/ e/ f/ g/ h/ i/ -/ "/ l/ m/ n/ o/ 'mportation of dangerous drugs andMor controlled precursors and essential chemicals; +ale, administration, delivery, distribution and transportation of prohibited drugs; Maintenance of a den, dive or resort for prohibited drug users; &eing employees and visitors of prohibited drug den; Manufacture of prohibited drugs andMor controlled precursors and essential chemicals; Manufacture or delivery of e>uipment, instrument, apparatus, and other paraphernalia for dangerous drugs andMor controlled precursors and essential chemicals; Possession or use of prohibited drugs; Possession of e>uipment, instrument, apparatus and other paraphernalia for dangerous drugs, E. EPT when possessed in the practice of a profession; Possession of dangerous drugs during parties, social gatherings or meetings, of at least < persons; Possession of e>uipment, instrument, apparatus and other paraphernalia during parties, social gatherings or meetings; )se of dangerous drugs; ultivation or culture of plants classified as dangerous drugs or are sources thereof; Maintenance and "eeping of original records of transactions of dangerous drugs andMor controlled precursors and essential chemicals; )nnecessary prescription of dangerous drugs; )nlawful prescription of dangerous drugs

(2. A""e0p" o! conspi!ac- e11ec" on lia,ili" *ny attempt or conspiracy to commit the following unlawful acts shall be penali3ed by the +*ME PE$*(T2 prescribed for the commission of the same as provided in R* @7F<: 5+ection 6G, R* @7F</ a/ 'mportation of any dangerous drug andMor controlled precursor and essential chemical;

72 (^_^) ICY

b/ +ale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug andMor controlled precursor and essential chemical; c/ Maintenance of a den, dive or resort where any dangerous drug is used in any form; d/ Manufacture of any dangerous drugs andMor controlled precursor and essential chemical; and e/ ultivation or culture of plants which are sources of dangerous drugs 8. C!i0es A+ains" P%,lic Mo!als (200)202. !R*VE + *$4*( 5*rticle 6GG/ o Elements: a/ b/ c/ d/ e/ %ffender performs an act; +uch act is highly scandalous; *ct must offend against decency or good customs; 0ighly scandalous conduct is $%T e,pressly falling within any other article in RP ; *ctMs complained of be committed in a p%,lic place or wi"2in p%,lic 'nowled+e o! view

o o o

Private place # there is !rave +candal if it is open to public view Public view does $%T re>uire numerous persons ;itness or third person is $%T an intruder

'MM%R*( 4% TR'$E+, %&+ E$E P)&(' *T'%$ *$4 E.0'&'T'%$ 5*rticle 6G7/ o ;ho are liable: a/ b/ c/ d/ e/ f/ Those who shall publicly e,pound or proclaim doctrines openly contrary to public morals; *uthors of obscene literature, published with their "nowledge in any form; Editors publishing obscene literature; %wners or operators of establishment selling obscene literature; Those who, in theaters, fairs, cinematographs, or any other place, E.0'&'T indecent or immoral plays, scenes, acts or shows, whether live or in film; and Those who shall sell, give away, or e,hibit films, prints, engravings, sculptures, or literatures which are offensive to morals

%bscene literature %R indecent or immoral plays, scenes, acts or shows shall include those which: a/ b/ c/ d/ e/ !lorify criminals or condone crimes; +erve $% other purpose but to satisfy the mar"et for violence, lust or pornography; %ffend any race, or religion; Tend to abet traffic in and use of prohibited drugs; and *re contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts

Ho""in+e! R%le as Tes" o1 O,sceni"- : ;hether or not the material charged as obscene has the tendency to deprave and corrupt the minds of those open to, or into whose hands such material may come

V*!R*$ 2 *$4 PR%+T'T)T'%$ 5*rticle 6G6/ o ;ho are CA3RANTS: a/ *ny person having $% apparent means of subsistence, who has the physical ability to wor" *$4 who neglects to apply himself or herself to some lawful calling; b/ *ny person found loitering about public or semiJpublic building or places %R trampling or wandering about the country or the streets without visible means of support;

73 (^_^) ICY

c/ *ny idle or dissolute person who lodges in house of ill fame; Ruffians or pimps and those who habitually associate with prostitutes; d/ *ny person who, $%T being included in the provisions of the RP , shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or -ustifiable purpose; o o ;ho are PROSTIT>TES: ;%ME$ who, for money or profit, 2a,i"%all- indulge in se,ual intercourse or lascivious conduct P4 7<F9 # *ntiJMendicancy (aw Mendican": any person who has $% visible and legal means of support or lawful employment *$4 who is physically able to wor" but neglects to apply himself to some lawful calling and instead is &E!!'$! as a means of living A,e""in+ Mendicanc-: any person who abets mendicancy by giving alms directly to mendicants, e,ploited infants and minors on public roads, sidewal"s, par"s and bridges

B. C!i0es Co00i""ed ,- P%,lic O11ice!s (204)279.@ in addi"ionE Public %fficers: persons who by di!ec" p!ovision o1 law, pop%la! elec"ion, %R by appoin"0en" ,- a co0pe"en" a%"2o!i"- shall 5*rticle 6G9/ Ta"e part in the performance of public functions in the government of the Philippines %R Perform in said government or in any of its branches, P)&(' 4)T'E+ as an employee, agent, or subordinate official, of any ran" or class

Person in authority: any person directly vested with -urisdiction, whether as an individual or as a member of some court or government corporation, board, or commission 5*rticle 7<6/ K$%;'$!(2 RE$4ER'$! )$E)+T E)4!ME$T 5*rticle 6G:/ o Elements: a/ b/ c/ d/ o o %ffender is a -udge; 0e renders a -udgment in a case submitted to him for decision; Eudgment is un-ust; The -udge K$%;+ that his -udgment is un-ust

!ood faith is a defense F crimes "nown as 4ERE(' T'%$ %= 4)T2: a/ b/ c/ d/ e/ f/ Knowingly rendering un-ust -udgment 5*rticle 6G:/ Eudgment rendered through negligence 5*rticle 6G</ )n-ust interlocutory order 5*rticle 6GF/ Malicious delay in the administration of -ustice 5*rticle 6GA/ Malicious refraining from institution or prosecution of offenses and toleration of offenses 5*rticle 6G?/ &etrayal of trust by an attorney # Revelation of secrets 5*rticle 6G@/ These provisions do $%T apply to (abor *rbiters, Eustices of the and Eustices of the +upreme ourt ourt of *ppeals,

E)4!ME$T RE$4ERE4 T0R%)!0 $E!('!E$ E 5*rticle 6G</ o Elements: a/ b/ c/ d/ %ffender is a -udge 0e renders a decision in a case submitted to him; 0is -udgment is manifestly un-ust 't is committed through ine,cusable negligence or ignorance

74 (^_^) ICY

The -udge with reasonable care and prudence should have "nown that his decision is un-ust MT -udge trying a case that properly belongs to the -urisdiction of the RT

)$E)+T '$TER(% )T%R2 %R4ER 5*rticle 6GF/ o Elements: a/ %ffender is a -udge; b/ 0e performs any of the following acts: i8 ii8 Knowingly rendering an un-ust interlocutory order or decree; Rendering a manifestly un-ust interlocutory order or decree ine,cusable negligence or ignorance through

'nterlocutory order: any order issued by a -udge that does $%T finally disposes of a case or a matter pending before him

M*(' '%)+ 4E(*2 '$ T0E *4M'$'+TR*T'%$ %= E)+T' E 5*rticle 6GA/ o Elements: a/ b/ c/ d/ %ffender is a -udge; There is a proceeding in his court; 0e delays the administration of -ustice; The delay is malicious Malice implies 4E('&ER*TE intent to inflict damage on either party in a case Malice is present where the delay is sought to favor one party to the pre-udice of the other

PR%+E )T'%$ %= %==E$+E+; $E!('!E$ E *$4 T%(ER*$ E 5*rticle 6G?/ o *cts punishable: a/ Maliciously refraining from '$+T'T)T'$! prosecution of violators of the law; Elements: 7/ %ffender is a public officer or officer of the law who has a 4)T2 to cause the prosecution of %R to prosecute offenses; 6/ That "nowing the commission of a crime, he does $%T institute the prosecution of the criminal; 9/ %ffender acts with malice and deliberate intent to favor the violator of the law Public official whose official duty is to prosecute violators of the law (aw enforcers who have cases that were filed before their offices

b/ Maliciously tolerating the commission of offenses Elements: 7/ %ffender is a public officer or officer of the law who has the 4)T2 to enforce the law; 6/ Knowing the commission of the crime, he tolerates the commission thereof; 9/ %ffender acts with malice and deliberate intent to favor the violator of the law (aw enforcers with a duty to arrest persons who are about to commit a crime, committing a crime, or have committed a crime

75 (^_^) ICY

Prevaricacion applies to public officers who violate their oaths of office by $%T carrying out the duties of their office # covers *(( instances of dereliction of duty

&ETR*2*( %= TR)+T &2 *$ *TT%R$E2 # REVE(*T'%$ %= +E RET+ 5*rticle 6G@/ o *cts punishable: a/ ausing pre-udice to his client, either: &y malicious breach of professional duty, or &y ine,cusable negligence or ignorance

b/ Revealing *$2 of the secrets of his clients learned by him in his professional capacity; c/ )nderta"ing the defense of the opposing party in the same case, ;'T0%)T the consent of his first client, after having received confidential information from said client o &etrayal of trust: ommunications between lawyer and client about client1s 1%"%!e c!i0inal acts, or in aid or furtherance thereof, are $%T privileged 'n order that communications between a lawyer and his client may be privileged, it must be for a lawful purpose %R in furtherance of a lawful end8 The e,istence of an unlawful purpose prevents the privilege from attaching 5People vs8 +andiganbayan, !R 77<:9@J:7, Euly 7F, 7@@A/

There is $% need to prove that the client suffered damage # mere breach of confidential information is enough

4'RE T &R'&ER2 5*rticle 67G/ o 9 ways of committing 4irect &ribery: a/ *greeing to perform an act constituting a crime in connection with the performance of his official duties in consideration of any offer, promise, gift or present Elements: 7/ %ffender is a public officer; 6/ *n offer, promise, gift or present was made to him to perform an act amounting to a crime; 9/ %ffender personally or through another agrees to perform such act amounting to a crime; :/ The act is in connection with the performance of his %==' '*( duties Mere agreement to perform an act amounting to or constituting a crime in consideration of an offer, promise, gift or present consummates 4irect &ribery

b/ *ccepting a gift in consideration of the e,ecution of an act, which does $%T constitute a crime, in connection with the performance of his official duty Elements: 7/ %ffender is a public officer; 6/ *n offer, promise, gift or present was made to him to perform an act $%T amounting to a crime; 9/ %ffender personally or through another agrees to perform such act $%T amounting to a crime; :/ The act is in connection with the performance of his %==' '*( duties

76 (^_^) ICY

c/ Refraining from doing something, which is his official duty to do, in consideration of a gift received or promise Elements: 7/ %ffender is a public officer; 6/ %ffender received a gift or promise; 9/ %ffender personally or through another agrees to refrain from doing something :/ *ct is his official duty to do so o o 4irect &ribery and orruption of a Public %fficial is either attempted or consummated # $% frustrated stage as long as there is meeting of the minds The crime of the RE E'VER is 4irect &ribery; the crime of the !'VER is orruption of a Public %fficial

'$4'RE T &R'&ER2 5*rticle 677/ o Elements: a/ b/ c/ d/ %ffender is a public officer; %ffender accepts gifts; +uch gifts were offered to him by reason of his office There must be a clear intention on the part of the public officer to ta"e or accept the gift # public officer must perform an ac" o1 accep"ance o! app!op!ia"ion of the gift for himself, his family or any other person

P4 :F # prohibits giving and acceptance of gifts by a public officer even during anniversary %R when there is an occasion (aw punishes both the giver and receiver Past or future favors # immaterial !iving to a public officer andMor to *$2 member of his family

P4 A:@ # grants 'MM)$'T2 from prosecution to a private person %R public officer who shall voluntarily give information and testify in a case of &ribery or in a case involving a violation of the *ntiJ!raft and orrupt Practices *ct 't provides immunity to the bribeJgiver, provided: a/ 0e voluntarily discloses the transaction he had with the public officer constituting 4irect or 'ndirect &ribery, %R any other corrupt transaction; b/ 0e must willingly testify against the public officer involved in the case &efore the bribeJgiver may be discharged from the 'nformation, he has to be charge first with the receiver # &efore trial, the prosecutor may move that bribe giver be discharged from the information and be granted immunity when < conditions have been met: 7/ 'nformation must refer to consummated bribery; 6/ 'nformation is necessary for the proper conviction of the public officer involved; 9/ The information or testimony to be given is $%T yet in the possession of the government %R $%T yet "nown to the government; :/ The information can be corroborated in its material points; </ The information has $%T been convicted previously for any crime involving moral turpitude 'mmunity granted is limited only to the illegal transaction where he gave his testimony # $%T immune from other illegal transactions where he participated

R* AG?G # Plunder

77 (^_^) ICY

I)*('='E4 &R'&ER2 5*rticle 677J*/ o Elements: a/ %ffender is a public officer entrusted with (*; E$=%R b/ Public officer refrains from arresting or prosecuting an crime; c/ %ffender has a committed a crime punishable by dea"2; d/ Public officer refrains from arresting or prosecuting promise, gift, or present EME$T; offender who has committed a !ecl%sion pe!pe"%a and/o! in consideration of any offer,

%RR)PT'%$ %= P)&(' o Elements:

%==' '*(+ 5*rticle 676/

a/ %ffender ma"es, offers, or promises or gives gifts or presents to a public officer b/ The offers or promises are made %R the gifts or presents given to a P)&(' %==' ER, under circumstances that will ma"e the public officer liable for direct bribery or indirect bribery =R*)4+ *!*'$+T T0E P)&(' o *cts punishable: a/ Entering in his personal capacity into an agreement with any interested party or speculator or ma"ing use of any other scheme, to 4E=R*)4 the government, in dealing with any person with regard to: =urnishing of supplies, Ma"ing of contracts, or *d-ustment or settlement of accounts relating to public property or funds TRE*+)R2 *$4 +'M'(*R %==E$+E+ 5*rticle 679/

b/ 'llegal e,action committed by a public officer en"!%s"ed wi"2 "2e collec"ion o1 "a$es licenses 1ees and o"2e! i0pos"s by: 7/ 4emanding 5directly or indirectly/ the payment of sums different from %R larger than those authori3ed by law; 6/ =ailing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; 9/ ollecting or receiving 5directly or indirectly/ by way of payment or otherwise, things or ob-ects of a nature 4'==ERE$T from that provided by law o Elements of =rauds *gainst Public Treasury 5first paragraph/: a/ %ffender is a public officer; b/ 0e ta"es advantage of his office; c/ 0e enters into an agreement with any interested party or speculator %R ma"es use of any other scheme with regard to the furnishing supplies, ma"ing of contracts, or ad-ustment or settlement of accounts relating to public property or funds; d/ 0e has intent to defraud the government o o 'f the law re>uires that payments should be made in cash, it is unlawful for a public officer to receive payment in chec"s # tantamount to 'llegal E,action ollector demands from ta,payer P<,<GG as ta,es, when the right amount is P<,GGG ollector is liable for Ille+al E$ac"ion for the mere fact that he demanded a larger or different from the amount authori3ed by law ;ith respect to the P<GG # collector is liable for Es"a1a if the P<GG was $%T included in the official receipt and, therefore, did not become public funds

78 (^_^) ICY

'f P<GG was included in the receipt # collector is liable for Malve!sa"ion o1 P%,lic /%nds if he appropriated it for himself

%T0ER =R*)4+ 5*rticle 67:/ o Elements: a/ %ffender is a public officer; b/ %ffender "a'es advan"a+e o1 2is o11icial posi"ion; c/ 0e commits any of the frauds or deceits enumerated in *rticles 97< to 97? Estafa 5*rticle 97</ %ther forms of swindling 5*rticle 97F/ +windling a minor 5*rticle 97A/ %ther deceits 5*rticle 97?/

PR%0'&'TE4 TR*$+* T'%$+ 5*rticle 67</ o Elements: a/ %ffender is an *PP%'$T'VE public officer; b/ 0e becomes interested, directly or indirectly, in any transaction of e,change or speculation; c/ Transaction ta"es place within the territory sub-ect to his -urisdiction; d/ 0e becomes interested in the transaction during his incumbency

P%++E++'%$ %= PR%0'&'TE4 '$TERE+T &2 * P)&(' o ;ho are liable:

%==' ER 5*rticle 67F/

a/ Public officer who, directly or indirectly, becomes interested in any contracts or business in which it was his official duty to intervene; b/ E,perts, arbitrators, and PR'V*TE accountants who, in li"e manner, ta"e part in any contract or transaction connected with the estate or property in the appraisal, distribution or ad-udication of which they acted; c/ !uardians and e,ecutors, with respect to the property belonging their wards or the estate o +ection 6, *rticle '.J*, 7@?A shall during his tenure: onstitution # $% member of the onstitutional ommission

0old any office of employment Engage in the practice of any profession Engage in the active management or control of any business which in any way may be affected by the functions of his office &e financially interested 5directly or indirectly/ in any %$TR* T with, or in any =R*$ 0'+E or privilege granted by the government or any of its subdivisions, agencies, or instrumentalities, including !% s or their subsidiaries

+ection 79, *rticle V'', 7@?A onstitution # the President, ViceJPresident, Members of the abinet and their deputies or assistants, shall $%T during their tenure: 0old any other office or employment, )$(E++ otherwise provided in the onstitution 4irectly or indirectly, practice any other profession Participate in any business &e financially interest 5directly or indirectly/ in any %$TR* T with, or in any =R*$ 0'+E or privilege granted by the government or any of its subdivisions, agencies, or instrumentalities, including !% s or their subsidiaries %$=(' T %= '$TERE+T in the conduct of their office8

They shall strictly avoid

79 (^_^) ICY

+ection 7:, *rticle V', 7@?A Representatives may:

onstitution # $% +enator or Member of the 0ouse of

Personally appear as counsel before *$2 court of -ustice or before the Electoral Tribunals, or >uasiJ-udicial and other administrative bodies 4irectly or indirectly, be financially interested in any %$TR* T with, or in any =R*$ 0'+E or privilege granted by the government or any of its subdivisions, agencies, or instrumentalities, including !% s or their subsidiaries 'ntervene in any matter before any office of the government for his pecuniary benefit %R where he may be called upon to act on account of his office =)$4+ %R PR%PERT2 5*rticle 67A/

M*(VER+*T'%$ %= P)&(' o Elements:

a/ %ffender is a public officer or employee #IRECTLA acco%n"a,le 1o! "2e p%,lic 1%nds o! p!ope!"- "2a" is 0isapp!op!ia"ed b/ 0e has custody or control of funds or property by reason of the duties of his office c/ 0e commits the following ways of committing Malversation: 7/ *ppropriating public funds or property; 6/ Ta"ing or misappropriating the same; 9/ onsenting, or through abandonment or negligence, or permitting any other person to ta"e such public funds or property; and :/ &eing otherwise guilty of misappropriation or malversation of such funds or property o o 'f he misappropriates public funds or property for which he is $%T accountable, the crime is $%T malversation # 'f the accused is able to present ade>uate evidence that can $)(('=2 any li"elihood that he had put the funds or property to personal use, then the presumption 5of conversion in *rticle 67A/ would be at an end and the prima facie case is effectively negated 5*gullo vs8 +andiganbayan, 9F7 + R* <<F/ Mere absence of funds is $%T sufficient proof of conversion and $E'T0ER is the mere failure of the accused to turn over the funds at any given time sufficient to ma"e even a prima facie case

o o

The audit must be thorough and complete down to the last detail, establishing with absolute certainty the fact that the funds are indeed missing 54umagat vs8 +andiganbayan, 7FG + R* :?9/ *n accountable public officer may be convicted of malversation even if there is $% direct evidence of misappropriation and the only evidence is the shortage of funds in the accounts in which he has $%T been able to e,plain satisfactorily 54e !u3man vs8 People, 77@ + R* 99A/ Malversation through negligence # municipal treasurer who puts the collection in the safety vault but forgot to loc" it ;hen PR'V*TE PER+%$ may commit Malversation: 5*rticle 666/ a/ ;hen he conspires with a public officer in committing Malversation b/ ;hen he becomes an accomplice or accessory to a public officer in committing Malversation c/ ;hen is made a custodian of public 5national, provincial, or municipal/ funds or property and he misappropriates the same

=*'()RE %= * o

%)$T*&(E %==' ER T% RE$4ER *

%)$T+ 5*rticle 67?/

Elements: a/ %ffender is a public officer, whether in the service or separated therefrom by resignation or any other cause; b/ 0e is an accountable officer for public funds or property;

80 (^_^) ICY

c/ 0e is re>uired by law or regulation to !ende! acco%n" "o "2e Co00ission on A%di", %R to a p!ovincial a%di"o!; d/ 0e =*'(+ to do so for a period of T;% M%$T0+ after such accounts should be rendered o o =elony by omission Resignation or separation from public office does $%T relieve him of the responsibility to render accounts %==' ER T% RE$4ER * %)$T+ &E=%RE (E*V'$! T0E

=*'()RE %= * RE+P%$+'&(E P)&(' %)$TR2 5*rticle 67@/ o Elements:

a/ %ffender is a public officer; b/ 0e is accountable for public funds or property; c/ 0e unlawfully leaves %R attempts to leave the Philippine 'slands ;'T0%)T securing a certificate from the ommission on *udit showing that his accounts have been finally settled o =ailure to secure clearance from ommission on *udit ma"es them liable, even if $% public funds or property was misappropriated =)$4+ %R PR%PERT2 5*rticle 66G/

'((E!*( )+E %= P)&(' o o

*lso "nown as TE 0$' *( M*(VER+*T'%$ Elements: a/ %ffender is a public officer; b/ There are public funds or property under his administration; c/ +uch fund or property were appropriated by law or ordinance for a particular public use; d/ %ffender applies such public fund or property to *$2 public use %T0ER T0*$ for which it was appropriated for

=*'()RE T% M*KE 4E('VER2 %= P)&(' o Elements:

=)$4+ %R PR%PERT2 5*rticle 667/

a/ Public officer has government funds in his possession; b/ 0e is under obligation to ma"e payment from such funds; c/ 0e =*'(+ to ma"e the payment 0alicio%slo *cts punished: a/ =ailure to ma"e payment by a public officer who is %nde! o,li+a"ion to ma"e such payment from government funds under his possession; b/ Refusal to ma"e delivery by a public officer who has been o!de!ed ,- co0pe"en" a%"2o!i"- to deliver any property in his custody or under his administration %$$'V'$! ;'T0 %R o Elements: a/ %ffender is a public officer; b/ 0e had in his custody or charge a prisoner, either detention prisoner or prisoner by final -udgment; c/ +uch prisoner escaped from his custody; d/ 0e was in connivance with the prisoner in the latter1s escape o lasses of prisoners involved: %$+E$T'$! T% EV*+'%$ 5*rticle 669/

81 (^_^) ICY

a/ * %$V' T who has been sentenced by final -udgment b/ * 4ETE$T'%$ PR'+%$ER for any crime or violation of law or municipal ordinance o rimes "nown as In1ideli"- in "2e C%s"od- o1 P!isone!s: 7/ onniving with or consenting to evasion 5*rticle 669/ 6/ Evasion through negligence 5*rticle 66:/ 9/ Escape of prisoner under the custody of a person who is $%T a public officer 5*rticle 66</ EV*+'%$ T0R%)!0 $E!('!E$ E 5*rticle 66:/ o Elements: a/ %ffender is a public officer; b/ 0e is charged with the conveyance or custody of a prisoner; c/ +uch prisoner escapes through the offender1s negligence E+ *PE %= PR'+%$ER+ )$4ER T0E o Elements: a/ %ffender is a PR'V*TE person; b/ The conveyance or c%s"od- of a prisoner or person under arrested is confided to him; c/ Prisoner or person under arrest escapes; d/ %ffender %$+E$T+ to the escape, %R that the escape ta"es place through his $E!('!E$ E o o The crime of 'nfidelity in the ustody of Prisoners is committed by the )+T%4'*$ of the prisoner 'f another person causes the escape of the prisoner by means of violence, intimidation or bribery or by any other means # #elive!in+ P!isone! 1!o0 <ail 5*rticle 7<F/ %$ E*(ME$T %R 4E+TR) T'%$ %= 4% )ME$T+ 5*rticle 66F/ )+T%42 %= * PER+%$ NOT * P)&(' %==' ER 5*rticle 66</

REM%V*(, o

Elements: a/ %ffender is a public officer or employee who is in charge with the custody of papers or documents; b/ 0e removes, destroys or conceals a document or papers; c/ +aid document or papers should have been entrusted to such public officer by reason of his office; d/ 4amage, whether serious or not, to a third party %R to the public interest has been caused

%==' ER &RE*K'$! +E*( 5*rticle 66A/ o Elements: a/ b/ c/ d/ o %ffender is a public officer; 0e is charged with the custody of papers or property; These papers or property are +E*(E4 by proper authority; 0e brea"s the seal %R permits them to be bro"en

&rea"ing is $%T interpreted in its literal sense # even if the seal is $%T bro"en because the custodian opened the document by slicing open the side of the envelope and closing it after reading the contents, the crime is committed (%+E4 4% )ME$T+ 5*rticle 66?/

%PE$'$! %=

82 (^_^) ICY

Elements: a/ b/ c/ d/ %ffender is a public officer; *ny (%+E4 papers, documents, or ob-ect are entrusted to his custody; 0e opens %R permits them to be opened; 0e does $%T have proper authority to do so

4ocument involved is $%T a sealed document contemplated in *rticle 66A

REVE(*T'%$ %= +E RET+ &2 *$ %==' ER 5*rticle 66@/ o *cts punishable: a/ Revelation of secrets K$%;$ to the offending public officer by reason of his official capacity; Elements: 7/ 6/ 9/ :/ %ffender is a public officer; 0e "nows a secret by reason of his official capacity; 0e REVE*(+ such secret without authority or -ustifiable reason; 4amage, great or small, is caused to the public interest

b/ ;rongful delivery of papers or copies of papers of which he has charge which should $%T be published Elements: 7/ 6/ 9/ :/ </ P)&(' o %ffender is a public officer; 0e has 0*R!E of papers which should $%T be published; 0e delivers those papers or copies thereof to a third person; The delivery is wrongful; 4amage is caused to public interest

%==' ER REVE*('$! +E RET+ %= PR'V*TE '$4'V'4)*( 5*rticle 69G/ Elements: a/ %ffender is a public officer; b/ 0e "now of a secret of a private individual ,- !eason o1 2is o11ice; c/ 0e reveals such secrets without authority or -ustifiable reason

'f the public officer came to "now the secret of a private person from rumors or gossips, this crime is $%T committed

%PE$ 4'+%&E4'E$ E 5*rticle 697/ o Elements: a/ %ffender is a F%!idical or e$ec%"ive officer; b/ There is a -udgment, decision or order of a +)PER'%R authority; c/ +aid -udgment, decision or order was made within the scope of -urisdiction of the superior authority *$4 issued with all the legal formalities; d/ %ffender, without legal -ustification, %PE$(2 refuses to e,ecute said -udgment, decision or order, which he is 4)T2 &%)$4 to obey

4'+%&E4'E$ E T% %R4ER %= +)PER'%R %==' ER ;0E$ +*'4 %R4ER ;*+ +)+PE$4E4 &2 '$=ER'%R %==' ER 5*rticle 696/ o Elements:

83 (^_^) ICY

a/ b/ c/ d/ e/

%ffender is a public officer; *n order is issued by his superior officer for e,ecution; %ffender has +)+PE$4E4 the e,ecution of his superior1s order; 0is superior 4'+*PPR%VE+ the suspension of the e,ecution of the order; %ffender disobeys his superior despite the disapproval of the suspension

RE=)+*( %= *++'+T*$ E 5*rticle 699/ o Elements: a/ %ffender is a public officer; b/ * co0pe"en" a%"2o!i"- 4EM*$4+ from the offender that he lends his cooperation towards the administration of -ustice %R other public service; c/ %ffender fails to do so maliciously o 4emand for assistance must come from a competent authority, $%T a private person

RE=)+*( T% 4'+ 0*R!E E(E T'VE %==' E 5*rticle 69:/ o Elements: a/ %ffender is elected by P%P)(*R E(E T'%$ to a public office; b/ %ffender refuses to be sworn in %R to discharge the duties of said office; c/ There is $% legal motive for such refusal to be sworn in or to discharge the duties of said office

M*(TRE*TME$T %= PR'+%$ER+ 5*rticle 69</ o Elements: a/ %ffender is a public officer or employee; b) %ffender has %nde! 2is c2a!+e a prisoner7@ %R detention prisoner6G; c/ %ffender shall ove!do himself in the correction or handling of a prisoner or detention prisoner under his charge by: i8 ii8 iii8 'mposition of punishment $%T authori3ed by the regulations; 'nflicting authori3ed punishments in a cruel or humiliating manner; or Maltreating such prisoners to E.T%RT a confession %R obtain some information from the prisoner

*uthori3ed punishments: a/ 'ncarceration in isolation b/ Putting iron balls in legs of convict

T;%JT'ERE4 PE$*(T2: that which occurs when the law provides that a penalty to a particular crime is '$ *44'T'%$ to the penalty imposable for another crime committed which results from the commission of such particular crime # e,amples: 7/ Maltreatment of prisoner 5*rticle 69</ # Penalty of prision correccional N '$ *44'T'%$ to his liability for the physical in-uries N 6/ 4irect &ribery 5*rticle 67G/ # Penalty of prision mayor N '$ *44'T'%$ to the penalty corresponding to the crime agreed upon, if the same shall have been committed 9/ %ccupation of real property %R usurpation of real rights in property 5*rticle 976/ # penalty of a fine N '$ *44'T'%$ to the penalty incurred for acts of violence e,ecuted by him

19

*$T' 'P*T'%$ %= 4)T'E+ %= * P)&('

%==' E 5*rticle 69F/

-ri!oner ) can a&!o refer to a 3ri!oner a.ain!t #$o t$e court $a! acco 3&i!$e% a detention "itti"us# one i!!ue% (y a court a%%re!!e% to t$e 4ai& #ar%en t$at t$e accu!e% i! %etaine% (y or%er! of t$e court 20 8*T*NTI'N -2IS'N*2" a 3er!on (eco e! a %etention 3ri!oner t$e o ent $e i! (rou.$t to t$e 3o&ice !tation, (oo/e% (y 3o&ice aut$oritie!, an% i! a%e to fi&& out for ! #it$ $i! fin.er3rint! ta/en

84 (^_^) ICY

Elements: a/ %ffender is a public officer; b/ %ffender is en"i"led to hold a public office or employment, either by elec"ion or appoin"0en"; c/ The law re>uires that he should first be sworn in andMor should first give a bond; d/ %ffender assumes the performance of the duties and powers of such office; e/ %ffender has $%T ta"en his oath of office andMor given the bond re>uired by law

PR%(%$!'$! PER=%RM*$ E %= 4)T'E+ *$4 P%;ER+ 5*rticle 69A/ o Elements: a/ %ffender is 2oldin+ a public office; b/ The period for holding such office, as provided by law, regulations or special provision, has already E.P'RE4; c/ %ffender continues to e,ercise the duties and powers of such office

*&*$4%$ME$T %= %==' E %R P%+'T'%$ 5*rticle 69?/ o Elements: a/ b/ c/ d/ %ffender is a public officer; %ffender formally resigns from his position; 0is resignation has $%T yet been accepted; 0e abandons his office to the de"!i0en" o1 "2e p%,lic se!vice

)+)RP*T'%$ %= (E!'+(*T'VE P%;ER+ 5*rticle 69@/ o Elements: a/ %ffender is a e,ecutive or -udicial officer; b/ %ffender encroaches upon the powers of the legislature by: i8 ii8 iii8 Ma"ing general rules or regulations beyond the scope of his authority, or *ttempting to repeal a law, or +uspending the e,ecution thereof

)+)RP*T'%$ %= E.E )T'VE =)$ T'%$+ 5*rticle 6:G/ o Elements: a/ %ffender is a E)4!E; b/ 0e encroaches upon the powers of the e,ecutive by; i8 ii8 *ssuming a power pertaining to the e,ecutive authorities, or %bstructing the e,ecutive authorities in the lawful e,ercise of their powers

)+)RP*T'%$ %= E)4' '*( =)$ T'%$+ 5*rticle 6:7/ o Elements: a/ %ffender is an officer of the E.E )T'VE branch of the government; b/ 0e encroaches on the -udicial branch by: i8 ii8 *ssuming -udicial powers, or %bstructing the e,ecution of any order or decision rendered by a -udge within his -urisdiction

4'+%&E2'$! REI)E+T =%R 4'+I)*('=' *T'%$ 5*rticle 6:6/

85 (^_^) ICY

Elements: a/ %ffender is a P)&(' officer; b/ * proceeding is pending before him; c/ There is a >uestion brought before the proper authority regarding his -urisdiction, which is $%T yet decided; d/ 0e has been law1%ll- !e5%i!ed to RE/RAIN from continuing the proceeding; e/ 0e continues the proceeding

%R4ER+ %R REI)E+T &2 E.E )T'VE %==' ER+ T% *$2 E)4' '*( *)T0%R'T2 5*rticle 6:9/ o Elements: a/ %ffender is an e,ecutive officer b/ 0e addresses any order or suggestion to any -udicial authority; c/ The order or suggestion relates to any case or business coming within the e$cl%sive -urisdiction of the courts of -ustice

)$(*;=)( *PP%'$TME$T+ 5*rticle 6::/ o Elements: a/ b/ c/ d/ %ffender is a public officer; 0e no0ina"es %R appoin"s a person to a public office; +uch person (* K+ the legal >ualifications therefore; %ffender K$%;+ that this nominee or appointee lac"s the >ualification at the time he made the appointment

* recommendation is $%T the nomination or appointment contemplated by law 0*+T'T2 5*rticle 6:</ hastity committed by a Public %fficer:

*&)+E *!*'$+T o

Elements of *buse against

a/ %ffender is a public officer; b/ %ffender solicits %R ma"es immoral or indecent advances to a wo0an; c/ +uch woman is in"e!es"ed in matters: 5woman is a RE*( P*RT2 '$ '$TERE+T/ Pending before the offender for decision, %R ;ith respect to which offender is re>uired to submit a report to %R consult with a superior officer

Elements of *buse against hastity committed by a ;arden, Eail !uard, or any public officer who has )+T%42 of prisoners: a/ %ffender is a warden, -ail guard, or a public officer who has custody of prisoners; b/ %ffender solicits %R ma"es immoral or indecent advances to: * wo0an )$4ER 0'+ )+T%42; or The wi1e da%+2"e! sis"e! o! !ela"ive within the same degree by affinity of the person '$ 0'+ )+T%42

* -o"e or innuendo is $%T enough # there must be persistence on the part of the offender

a. An"i)3!a1" and Co!!%p" P!ac"ices Ac" (R.A. 401* as a0ended. (1. Cove!a+e Public officer includes all persons whether an official or an employee, temporary or not, classified or not, contractual or otherwise, who receives compensation for services renders as a public officer

86 (^_^) ICY

(2. P%nis2a,le ac"s orrupt practices of P)&(' %==' ER+ # 'n addition to acts or omissions of public officers already penali3ed by e,isting law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful: 5+ection 9, R* 9G7@/ a8 Persuading, inducing or influencing another public officer to perform an act constituting a violation of !%les and !e+%la"ions duly promulgated by competent authority or an o11ense in connec"ion wi"2 "2e o11icial d%"ies o1 "2e la""e!, %R allowing himself to be persuaded, induced, or influenced to commit such violation or offense8 b8 4irectly or indirectly re>uesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any con"!ac" o! "!ansac"ion between the !overnment and any other part, wherein the p%,lic o11ice! in 2is o11icial capaci"- 2as "o in"e!vene %nde! "2e law8 c8 4irectly or indirectly re>uesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in an- 0anne! o! capaci"-, has secured or obtained, R* will secure or obtain, any !overnment permit or license, in consideration for the help given or to be given, without pre-udice to +ection 79 5+uspension and loss of benefits/, R* 9G7@8 d8 *ccepting or having any member of his family to accept e0plo-0en" in a p!iva"e enterprise which has pending official business with him during the pendency thereof %R within one -ea! a1"e! i"s "e!0ina"ion8 e8 ausing any %nd%e in-ury to an- party, including the !overnment, %R giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or -udicial functions through 0ani1es" pa!"iali"- eviden" ,ad 1ai"2 o! +!oss ine$c%sa,le ne+li+ence 8 This provision shall apply to officers and employees of offices or government corporations charged with the +!an" o1 licenses o! pe!0i"s o! o"2e! concessions8

f8

$eglecting or refusing, after due demand or re>uest, without sufficient -ustification, to act within a reasonable time on any matter pending before him for the p%!pose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party8 g8 Entering, on behalf of the !overnment, into any contract or transaction 0ani1es"l- and +!ossl- disadvan"a+eo%s to the same, whether or not the public officer profited or will profit thereby8 h8 4irectly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or ta"es part in his official capacity, %R in which he is prohibited by the onstitution or by any law from having any interest8 i8 4irectly or indirectly becoming interested, for personal gain, %R having a material interest in any transaction or act re>uiring the approval of a board, panel or group of which he is a member, and which e,ercises discretion in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group8 'nterest for personal gain shall be p!es%0ed against those public officers responsible for the approval of manifestly unlawful, ine>uitable, or irregular transaction or acts by the board, panel or group to which they belong8

-8

Knowingly approving or granting any license, permit, privilege or benefit in favor of any person $%T >ualified for or $%T legally entitled to such license,

87 (^_^) ICY

permit, privilege or advantage, %R of a mere representative or dummy of one who is $%T so >ualified or entitled8 "8 4ivulging valuable information of a confidential character, ac>uired by his office or by him on account of his official position to unauthori3ed persons, %R releasing such information in advance of its authori3ed release date8 The person who does the following, together with the offending public officer, be punished under +ection @, R* 9G7@ and shall be permanently or temporarily dis>ualified in the discretion of the ourt, from transacting business in any form with the !overnment: 5last paragraph, +ection 9, R* 9G7@/ !iving the gift, present, share, percentage or benefit referred to in subparagraphs 5b/ and 5c/; or %ffering or giving to the public officer the employment mentioned in subparagraph 5d/; or )rging the divulging or untimely release of the confidential information referred to in subparagraph 5"/ of +ection 9, R* 9G7@

Prohibition on PR'V*TE 'ndividuals 5+ection :, R* 9G7@/ a8 't shall be unlawful for any person having family or close personal relation with any public official to capitali3e or e,ploit or ta"e advantage of such family or close personal relation by directly or indirectly re>uesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, re>uest or contract with the government, in which such p%,lic o11icial 2as "o in"e!vene8 =amily relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree T lose personal relationT shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer8

b8 't shall be unlawful for any person "nowingly to induce or cause any public official to commit any of the offenses defined in +ection 9 hereof8 Prohibition on ertain Relatives 5+ection <, R* 9G7@/

a8 't shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the "2i!d civil de+!ee, of the President of the Philippines, the ViceJPresident of the Philippines, the President of the +enate, or the +pea"er of the 0ouse of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the !overnment This section shall $%T apply to i8 ii8 iii8 *ny person who, PR'%R to the assumption of office of any of the above officials to whom he is related, has been already dealing with the !overnment along the same line of business, *ny transaction, contract or application already e,isting or pending at the time of such assumption of public office, *ny application filed by him the approval of which is $%T discretionary on the part of the official or officials concerned but depends upon compliance with re>uisites provided by law, or rules or regulations issued pursuant to law, nor *ny act lawfully performed in an official capacity or in the e,ercise of a profession8 ongress 5+ection F, R* 9G7@/

iv8

Prohibition on Members of

a8 't shall be unlawful for any Member of the ongress during the term for which he has been elected, to ac>uire or receive any personal pecuniary interest in

88 (^_^) ICY

any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the ongress during the same term8 The provision shall apply to any other public officer who recommended the initiation in ongress of the enactment or adoption of any law or resolution, and ac>uires or receives any such interest during his incumbency8

b8 't shall li"ewise be unlawful for such member of ongress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for 9G days after such approval to retain such interest8 (4. E$cep"ions (Sec"ion 17 RA 401*. )nsolicited gifts or presents of small or insignificant value offered %R given as a mere ordinary to"en of gratitude or friendship according to local customs or usage, shall be e,cepted from the provisions of R* 9G7@ $othing in this *ct shall be interpreted to pre-udice or prohibit the practice of any profession, lawful trade or occupation by any private person %R by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, E. EPT where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penali3ed in R* 9G7@

,. An"i)Pl%nde! Ac" (R.A. B0?0 as a0ended. (1. #e1ini"ion o1 "e!0s P%,lic o11ice!: any person holding any public office in the !overnment N by virtue of an appointment, election, or contract

(2. Ill)+o""en weal"2 (Sec"ion 1(d. RA B0?0. *ny asset, property, business enterprise or material possession of any person ;'T0'$ the purview of +ection 6, R* AG?G 5definition of Plunder/, * I)'RE4 by him directly or indirectly through dummies, nominees, agents, subordinates andMor business associates by *$2 %M&'$*T'%$ or +ER'E+ of the following means or similar schemes: 7/ Through misappropriation, conversion, misuse or malversation of public funds or raids on the public treasury; 6/ &y receiving 5directly or indirectly/ any commission, gift, share, percentage, "ic"bac"s or any other form of pecuniary benefit from *$2 person andMor entity 'n connection with any government contract or pro-ect %R &y reason of the office or position of the public officer concerned

9/ &y the illegal or fraudulent conveyance or disposition of assets belonging to the $ational !overnment or any of its subdivisions, agencies or instrumentalities or governmentJowned or controlled corporations and their subsidiaries; :/ &y obtaining, receiving or accepting 5directly or indirectly/ any shares of stoc", e>uity or any other form of interest or participation including the promise of future employment in any business enterprise or underta"ing; </ &y establishing agricultural, industrial or commercial monopolies or other combinations andMor implementation of decrees and orders intended to benefit particular persons or special interests; or F/ &y ta"ing undue advantage of official position, authority, relationship, connection or influence to un-ustly enrich himself or themselves at the

89 (^_^) ICY

e,pense and to the damage and pre-udice of the =ilipino people and the Republic of the Philippines (4. Pl%nde! (Sec"ion 2 RA B0?0. Elements: a/ *ny public officer who, by 0'M+E(= %R in %$$'V*$ E with

Members of his family, Relatives by affinity or consanguinity, &usiness associates, +ubordinates, or %ther persons

b/ %ffender amasses, accumulates or ac>uires illJgotten wealth through a combination or series of overt or criminal acts as described in +ection 7, R* AG?G c/ The illJgotten wealth amassed, accumulated or ac>uired in the aggregate amount or total value of at least <G million pesos *$2 person who participated with the said public officer in the commission of an offense contributing to the crime of plunder shall li"ewise be punished for the crime of Plunder

(7. Se!ies / Co0,ina"ion There should be committed by a combination or through a series of acts8 There should be at least 6 acts otherwise the accused should be charged with the particular crime committed and $%T with plunder8 * combination means at least 6 acts of a different category; while a series means at least 6 acts of the same category 5Estrada vs8 +andiganbayan, !R 7:?<FG, $ovember 67, 6GG7/

(9. Pa""e!n Rule of Evidence J =or purposes of establishing the crime of plunder, it shall $%T be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or ac>uire illJgotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy 5+ection :/

c. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2. (1. /ail%!e "o delive! s%spec" "o p!ope! F%dicial a%"2o!i" any police or law enforcement personnel who has apprehended or arrested, detained and ta"en custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism and fails to deliver such charged or suspected person to the proper -udicial authority within the period of T0REE 59/ 4*2+ 5+ection 6G, R* @9A6/

(2. In1ideli"- in "2e c%s"od- o1 de"ained pe!sons *ny public officer who has direct custody of a detained person or under the provisions of this *ct and who by his deliberate act, misconduct, or ine,cusable negligence causes or allows the escape of such detained person 5+ection ::, R* @9A6/

(4. /alse p!osec%"ion (Sec"ion 90. 4amages for )nproven harge of Terrorism8 J )pon ac>uittal, any person who is accused of terrorism shall be entitled to the payment of damages in the amount

90 (^_^) ICY

of P<GG,GGG8GG for every day that he or she has been detained or deprived of liberty or arrested without a warrant as a result of such an accusation *mount of damages shall be automatically charged against the appropriations of the police agency or the *ntiJTerrorism ouncil that brought or sanctioned the filing of the charges against the accused 4amages is released within 7< days from the date of ac>uittal of accused *ward of damages mentioned above shall be without pre-udice to the right of the ac>uitted accused to file criminal or administrative charges against those responsible for charging him with the case of terrorism

*ny officer, employee, personnel, or person who delays the release or refuses to release the amounts awarded to the individual ac>uitted of the crime of terrorism shall suffer the penalty of F months of imprisonment 'f the deductions are (E++ than the amounts due to the detained persons, the amount needed to complete the compensation shall be ta"en from the current appropriations for intelligence, emergency, social or other funds of the %ffice of the President 'n the event that the amount *$$%T be covered by the current budget of the police or law enforcement agency concerned, the amount shall be automatically included in the appropriations of the said agency for the coming year

?. C!i0es A+ains" PERSONS (278)288.@ in addi"ionE P*RR' '4E 5*rticle 6:F/ o Elements: a/ The accused "ills a person; b/ The deceased is the =*T0ER, M%T0ER, or 0'(4, whether legitimate or illegitimate, or (E!'T'M*TE %T0ER *+ E$4*$T %R %T0ER 4E+ E$4*$T, or the (E!'T'M*TE +P%)+E, of the accused o R)(E+: 7/ %ffender must be related to the victim by ,lood, E. EPT husband and wife; 6/ Relationship between offender and offended party must be in the 4'RE T descending or ascending line # $%T collateral line, E. EPT husband and wife; 9/ &etween parents and child, the relationship may be legitimate or illegitimate; :/ *ll other ascendants and descendants must be legitimate o o ;hen the marriage is V%'4 ab initio, there is $% parricide * Muslim spouse, with more than 7 spouse is liable for Parricide for "illing his ='R+T ;'=E only, even though the other wives are recogni3ed as valid # if a Muslim husband can commit the crime more than once, then in effect, he is being punished for the other marriages that he entered into which the law authori3ed and recogni3es as valid 4E*T0 or P02+' *( '$E)R'E+ inflicted under E. EPT'%$*( 'R )M+T*$ E+ 5*rticle 6:A/ * matter of 4E=E$+E # e,culpatory circumstance which may amount to e,emption from criminal punishment Elements: a/ * legally married person surprises his spouse in "2e ac" o1 co00i""in+ se$%al in"e!co%!se with another person, %R a parent surprises his daughter 5under 7? years old *$4 living with the parent/ in the act of committing se,ual intercourse with another person; 'n flagrante delicto # while having coitus *s to parents: it is the disgrace &%T0 to parental authority *$4 sanctity of the parental home that -ustifies the acts of the parents # if parent surprises daughter having coitus in the boarding house of the daughter, *rticle 6:A does $%T apply

91 (^_^) ICY

b/ +pouse or parent "ills any or both of them, %R inflicts upon any or both of them any serious physical in-ury in the act or immediately thereafter; Q'mmediately thereafterR # presupposes $% brea" or interval of time from the time of revelation of the spouse1s infidelity up to the time of the "illing or infliction of in-ury

c/ +pouse or parent has $%T promoted or facilitated the prostitution of his wife or daughter, %R has $%T consented to the infidelity of the other spouse M)R4ER 5*rticle 6:?/ o Elements: a/ There is intent to "ill; b/ Killing was attended by the following I)*('=2'$! aggravating circumstances: 7/ Treachery, 6/ Ta"ing advantage of superior strength, 9/ ;ith the aid of armed men, :/ Employing means to wea"en the defense, </ Employment of persons to insure or afford impunity, F/ 'n consideration of a price, reward or promise, A/ &y means of inundation 5flood, deluge, sea, stream, outpouring/, ?/ &y means of fire, @/ &y means of poison, 7G/ &y shipwrec", 77/ +tranding of vessel, 76/ 4erailment or assault upon a railroad, 79/ =all of an airship, 7:/ &y means of a motor vehicle, 7</ ;ith the use of any other means involving great waste or ruin, 7F/ %n occasion of any of the calamities enumerated above, or of an earth>ua"e, eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; 7A/ ;ith evident premeditation; 7?/ ;ith cruelty by deliberately and inhumanely augmenting the suffering of the victim; 7@/ %utraging or scoffing at the person or corpse o o ;hen another aggravating circumstance already >ualifies the "illing to murder, *$2 of these aggravating circumstance shall be considered as a generic aggravating circumstance Killing of a person with the use of a 0*$4 !RE$*4E or other E.P(%+'VE+ is $% longer Murder but only :o0icide R* ?6@: provides for unlawful use of e,plosives as an Qaggravating circumstanceR which connotes only a !E$ER' aggravating circumstance The clear purpose of the law is to do away with the separate prosecution for 'llegal Possession of =irearm and E,plosives when the unlicensed firearm or e,plosive is used in committing any crime in the RP 5People vs8 omadre, :F7 + R* 9FF/

0%M' '4E 5*rticle 6:@/ o Elements: a/ b/ c/ d/ * person was "illed; %ffender "illed him without any -ustifying circumstances; %ffender had intent to "ill; Killing was $%T attended by any of the >ualifying circumstances of murder, of parricide, or of infanticide

92 (^_^) ICY

Rules # 0omicide vs8 Physical in-uries: 7/ 'n attempted and frustrated homicide, there is intent to "ill # if the offender does $%T inflict a M%RT*( wound, he does $%T perform all the acts of e,ecution, he is liable for attempted felony 6/ 'f the wound inflicted is +ER'%)+ or M%RT*(, offender performs all the acts of e,ecution # if victim does $%T die because of causes independent of the will of the perpetrator, he is liable for frustrated felony 9/ 'f there is $% intent to "ill, the crimes is Physical 'n-uries # +erious, (ess +erious, or +light as the case may be :/ 'f the in-uries were M%RT*( but were due to $E!('!E$ E, the crime committed is Rec"less 'mprudence resulting to Physical 'n-uries

4E*T0 o

*)+E4 '$ * T)M)(T)%)+ *==R*2 5*rticle 6<7/ Elements: a/ There are at least : persons 5*rticle 7<9/; b/ They do $%T compose groups organi3ed for the common purpose of assaulting and attac"ing each other reciprocally; c/ These several persons >uarreled and assaulted one another in a confused and tumultuous manner; d/ +omeone was "illed in the course of the affray; e/ 't *$$%T be ascertained who actually "illed the deceased; f/ The personMs who inflicted the serious physical in-uries *$ be identified

Tumultuous affray: confused and confusing fight between several persons $%T composing groups in the course of which, a person is "illed or wounded and the person responsible *$$%T be ascertained *)+E4 '$ * T)M)(T)%)+ *==R*2 5*rticle 6<6/

P02+' *( '$E)R'E+ o Elements:

a/ There is a tumultuous affray; b/ * participant suffered +ER'%)+ physical in-uries %R physical in-uries of a (E++ +ER'%)+ nature only; c/ Person responsible thereof *$$%T be identified; d/ *ll those who appear to have used violence upon the person of the offended party !'V'$! *++'+T*$ E T% +)' '4E 5*rticle 6<9/ o *cts punishable: a/ *ssisting another to commit suicide, whether suicide is consummated or not; or b/ (ending his assistance to another to commit suicide to the e,tent of doing the "illing himself o o o !iving assistance to suicide is committed by giving material, intellectual and psychological assistance to a person who wants to commit suicide Euthanasia or mercy "illing is covered by *rticle 6<9 . decided to commit suicide, went to the top floor of a building and -umped8 . fell on 2, "illing 28 . survived8 's . liable for 21s deathV =irst school of thought # . is $%T criminally liable because when . -umped from atop the building in a suicide attempt, he was $%T committing a felony8 )nder the law, a person committing a felony 5delito/ is criminally liable although the wrongful act done be different from that which he intended +econd school of thought # . is liable for 21s death of the victim because . lac"ed foresight8 0e omitted that degree of care and cautions to prevent harm or in-ury to another person8 0e is liable for Rec'less I0p!%dence !es%l"in+ in :o0icide

93 (^_^) ICY

4'+ 0*R!E %= ='RE*RM+ 5*rticle 6<:/ o Elements: a/ %ffender discharges a firearm against or at another person; b/ %ffender had $% intention to "ill that person

'$=*$T' '4E 5*rticle 6<</ o Elements: a/ * child was "illed by the accused; b/ 4eceased child was (E++ than A6 hours old 59 days/ o 4istinctions:
IN/ANTICI#E *ge of child is (E++ than 9 days %ffender may or may $%T be related to the child oncealment of dishonor is M'T'!*T'$!

PARRICI#E *ge of the child is 9 days and up Victim and offender are related by &(%%4 oncealment of dishonor is $%T mitigating

'$TE$T'%$*( *&%RT'%$ 5*rticle 6<F/ o Elements: a/ There is a pregnant woman; b/ Violence is e,erted, %R drugs or beverages administered, %R that the accused otherwise acts upon such pregnant woman; c/ *s a result of the use of violence or drugs or beverages upon her, %R any other act of the accused, the fetus 4'E+ either in the womb %R after having been e,pelled therefrom; d/ The abortion is intended # offender "nows that the woman is pregnant o o *bortion: forceful e,pulsion of the fetus from the maternal womb that results to the death of the fetus *cts punishable: a/ )sing any violence upon the person of the pregnant woman; b/ *cting, but without using violence, without the consent of the woman # administering drugs or beverages upon the pregnant woman ;'T0%)T her consent; c/ *cting with the consent of the pregnant woman # administering drugsMbeverages o R'ME if =ET)+ had an intrauterine life of (E++ than A months: 'f fetus is V'*&(E and can live independently of the mother upon cutting the umbilical cord # the crime is '$=*$T' '4E because the fetus is already regarded as a person capable of living 'f fetus was $%T viable or could $%T have survived independent of the maternal womb upon severance of the maternal womb # the crime is *&%RT'%$ because the person is $%T yet considered a person

)$'$TE$T'%$*( *&%RT'%$ 5*rticle 6<A/ o Elements: a/ b/ c/ d/ There is a pregnant woman; V'%(E$ E is used upon such pregnant woman ;'T0%)T intending an abortion; The violence is intentionally e,erted; *s a result of the violence, the fetus dies, either in the womb %R after having e,pelled therefrom

94 (^_^) ICY

't is immaterial whether the offender "nows that the woman is pregnant or not . argued with 28 . pointed a gun at 28 2 was frightened and, as a result, 2 had an abortion8 's . liable for )nintentional *bortionV $%8 There was no physical violence employed by . upon 28 *t most, . is liable for 3!ave T2!ea"s8

There can be a crime of Rec'less I0p!%dence !es%l"in+ "o >nin"en"ional A,o!"ion # the culpa lies on the violence inflicted on the pregnant woman, $%T in the aspect of abortion

*&%RT'%$ PR* T' E4 &2 T0E ;%M*$ 0ER+E(= %R &2 0ER P*RE$T+ 5*rticle 6<?/ o Elements: a/ There is a pregnant woman who has suffered an abortion; b/ The abortion was intended; c/ *bortion is caused by: The pregnant woman herself; *ny other person, with the consent of the pregnant woman; *ny of the pregnant woman1s parents, with her consent for the purpose of concealing her dishonor

*&%RT'%$ PR* T' E4 &2 * P02+' '*$ %R M'4;'=E *$4 4'+PE$+'$! %= *&%RT'VE 5*rticle 6<@/ o Elements: a/ There is a pregnant woman who has suffered an abortion; b/ The abortion is intended; c/ %ffender, who must be a physician or midwife, caused or assisted in causing the abortion; d/ +aid physician or midwife too" advantage of his or her scientific "nowledge or s"ill o T0ER*PE)T' *&%RT'%$: abortion caused by a physician to save the life of a mother # physician $%T liable

4)E( 5*rticle 6FG/ o *cts punishable: a/ Killing one1s adversary in a duel; b/ 'nflicting upon such adversary physical in-uries; c/ Ma"ing a combat although $% physical in-uries have been inflicted o Persons liable: a/ Person who "illed or inflicted physical in-uries upon his adversary, %R both combatants in any other case, as principals b/ The seconds, as accomplices

0*((E$!'$! T% * 4)E( 5*rticle 6F7/ o *cts punishable: a/ hallenging another to a duel; b/ 'nciting another to give or accept a challenge to a duel; c/ +coffing at or decrying another P)&(' (2 for having refused to accept a challenge to fight a duel

M)T'(*T'%$ 5*rticle 6F6/

95 (^_^) ICY

Elements: a/ There be castration # mutilation of organs necessary for generation, such as penis or ovarium; b/ Mutilation is caused p%!posel- and deli,e!a"el- # to deprive the offended party of some essential organ for reproduction; c/ 'ntentionally ma"ing %T0ER mutilation # by lopping or clipping off *$2 part of the body of the offended party 5other than castration/ to deprive him of that part of his body

6 Kinds of Mutilation: a/ In"en"ionall- mutilating another by depriving him 5totally or partially/ of some essential organs of reproduction b/ In"en"ionall- mutilating any part of the body other than the essential organs of reproduction

'f the mutilation is $%T intentional P Se!io%s P2-sical InF%!ies 5*rticle 6F9/

+ER'%)+ P02+' *( '$E)R'E+ 5*rticle 6F9/ o ;hat are considered +erious Physical 'n-uries: a/ ;hen the in-ured person becomes insane, imbecile, impotent or blind in conse>uence of the physical in-uries inflicted b/ ;hen the in-ured person: (oses the use of speech or the power to hear or smell, %R losses an eye, a hand, a foot, a foot, an arm, or a leg, (oses the use of any such member, or &ecomes incapacitated for the wor" in which he was therefore habitually engaged for more than @G days in conse>uence of the physical in-uries inflicted;

c/ ;hen the person in-ured: &ecomes deformed, or (oses any other member of his body, or (oses the use thereof, or &ecomes ill or incapacitated for the performance of the wor" in which he was habitually engaged for more than @G days in conse>uence of the physical in-uries inflicted

d/ ;hen the in-ured person becomes ill or incapacitated for labor for more than 9G days 5but $%T more than @G days/, as a result of the physical in-uries inflicted o 0ow committed: a/ b/ c/ d/ o ;ounding, &eating, *ssaulting, *dministering in-urious substance

'n +erious Physical 'n-uries and (ess +erious Physical 'n-uries, consider only the period during which the victim is incapacitated for labor # do $%T consider the period of medical treatment 4E=%RM'T2: refers to ugliness which should be %$+P' )%)+ or V'+'&(E

*4M'$'+TER'$! '$E)R'%)+ +)&+T*$ E+ %R &EVER*!E+ 5*rticle 6F:/ o Elements:

96 (^_^) ICY

a/ %ffender inflicted upon another any serious physical in-ury; b/ 't was done "nowingly administering to him any in-urious substance or beverage %R by ta"ing advantage of his wea"ness of mind or credulity; c/ 0e had $% intent to "ill (E++ +ER'%)+ P02+' *( '$E)R'E+ 5*rticle 6F</ o ;hat are (ess +erious Physical 'n-uries: a/ %ffender party is incapacitated for labor for 7G days or more but $%T more than 9G days, %R needs medical attendance for the same period of time; b/ Physical in-uries must $%T be those described in *rticle 6F6 to 6F: o I)*('='E4 as to penalty: a/ b/ c/ d/ o There is manifest intent to insult or offend the in-ured person; There are circumstances adding ignominy to the offense; The victim is the offender1s parents, ascendants, guardians, curators or teachers; or Persons of ran" or person in authority provided the crime is $%T direct assault

'n-uries do $%T re>uire medical attendance # Sli+2" P2-sical InF%!ies

+('!0T P02+' *( '$E)R'E+ 5*rticle 6FF/ o 9 Kinds of +light Physical 'n-uries: a/ Physical in-uries which incapacitated the offended party for labor %R medical attendance from 7 to @ days; b/ Physical in-uries which did $%T prevent the offended party from engaging in his habitual wor" %R which did $%T re>uire medical attendance; c/ 'llJtreatment of another by deed ;'T0%)T causing any in-ury # a"a Mal"!ea"0en"
+light Physical 'n-uries (ess +erious P' +erious Physical 'n-uries 'ncapacity for labor or medical attendance for 7 to @ days 'ncapacity for labor or medical attendance for 7G to 9G days 'ncapacity for labor only for more than 9G days

R*PE 5*rticle 6FFJ*/ o Rape is committed in 6 ways: a/ Rape by +e,ual 'ntercourse # committed by any M*$, who shall have carnal "nowledge of a woman under any of the following circumstances: 7/ 6/ 9/ :/ Through force, threat, or intimidation; ;hen the offended party is deprived of reason or otherwise unconscious; &y means of fraudulent machination %R grave abuse of authority; and ;hen the offended party is under 76 years of age %R is demented, even though none of the circumstances mentioned above is present

b/ Rape by +e,ual *ssault # committed by *$2 person who, under any of the circumstances mentioned in 5a/, shall commit an act of se,ual assault: 7/ &y inse!"in+ his penis into another person1s mouth or anal orifice; 6/ &y inse!"in+ any instrument or ob-ect, into the genital or anal orifice of another person o &low-obs $%T included

4eath penalty shall be imposed if the crime of Rape is committed with any of the following *!!R*V*T'$! or I)*('=2'$! circumstances:

97 (^_^) ICY

7/ Victim is under 7? years of age *$4 the offender is a parent, ascendant, stepJparent, guardian, relative by consanguinity or affinity within the 9 rd civil degree, %R the commonJlaw spouse of the parent of the victim; 6/ Victim is under the custody of the police %R military authorities %R any law enforcement or penal institution; 9/ Rape is committed in full view of the spouse, parent, any of the children or other relatives within the 9rd civil degree of consanguinity; :/ Victim is a religious engaged in legitimate religious vocation or calling *$4 is personally K$%;$ to be such by the offender before or at the time of the commission of the crime; </ Victim is a child below A years old; F/ %ffender K$%;+ that he is afflicted with the 0uman 'mmunoJ4eficiency Virus 50'V/ # *c>uired 'mmune 4eficiency +yndrome 5*'4+/ %R any other se,ually transmitted disease *$4 the virus or disease is transmitted to the victim; A/ Rape is committed by *$2 member of the *=P or paramilitary units thereof %R the P$P %R any law enforcement agency %R penal institution, when the offender "oo' advan"a+e o1 2is posi"ion to facilitate the commission of the crime; ?/ &y reason %R on occasion of the rape, the victim has suffered permanent physical mutilation %R disability; @/ %ffender "new of the pregnancy of the offended party at the time of the commission of the crime; and 7G/ %ffender "new of the mental disability emotional disorder andMor physical handicap of the offended party at the time of the commission of the crime o o * father cannot file a complaint for rape committed against his daughter if the latter has the legal capacity to appear and institute the action 5People vs8 de los +antos, 7A6 + R* <:A/ Preferential right of offended party to file the complaint will $%T apply where she is otherwise physically %R legally incapacitated to do so 5paragraph :, +ection <, Rule 77G, Rules of ourt/ +"in 5male se, organ/ to s"in 5female genitalia/ contact P consummated rape The %$(2 act that e,tinguishes the penal action *=TER the institution of criminal action, %R remit the penalty already imposed upon him is the 0a!!ia+e between the offender and the offended party 5*rticle 9::, RP / Rape can now be committed by means of 1!a%d%len" 0ac2ina"ion %R +!ave a,%se o1 a%"2o!i" =raudulent machination: implies a higher form of deceit, an intellectual means of facilitating the perpetration of the crime of Rape by means of insidious words or schemes # involves intellectual tric"ery and cunning arnal "nowledge thru abuse of authority constitutes ;%ali1ied Sed%c"ion if the victim is a virgin over 76 but below 7? 5*rticle 99A/

o o

o o

onsent obtained by fear is V%'4 # *lthough a man puts $% hand on a woman, yet, if by use of ME$T*( and M%R*( %ER '%$ the accused so overpowers her mind out of fear that as a result she dares $%T resist the dastardly acts inflicted on her person, accused is guilty of the crime imputed upon him 5People vs8 Pena Er, 7<7 + R* F9?/ The 4EPR'V*T'%$ %= RE*+%$ contemplated by law does $%T need to be complete # mental abnormality or deficiency is enough 5People vs8 4e Eesus, 76@ + R*/ arnal "nowledge of a mental retardate is rape 5People vs8 Magabo, 9<G + R* 76F/ Knowledge of the victim1s mental condition is $%T an essential element of rape 5People vs8 anillo, *ugust 9G, 7@@:/ Try to invo"e the defense of 0onest Mista"e of =act # The actor performs an act that would have been lawful had the facts been as he believed them to be 5)+ vs8 *h hong, 7< Phil :??/

o a. An"i)Ciolence a+ains" Wo0en and "2ei! C2ild!en Ac" o1 2007 (R.A. *282. (1. P%nis2a,le ac"s (Sec"ion 9 RA *282.

98 (^_^) ICY

The crime of violence against women and their children is committed through any of the following acts: a/ b/ c/ d/ e/ ausing physical harm to the woman or her child; T2!ea"enin+ to cause the woman or her child physical harm; *ttempting to cause the woman or her child physical harm; Placing the woman or her child in =E*R of imminent physical harm; *ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to engage in, %R *ttempting to restrict or restricting the woman1s or her child1s freedom of movement or onduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child This shall include, but $%T limited to the following acts committed with the purpose or effect of %$TR%(('$! or restricting the woman1s or her child1s movement or conduct: 7/ Threatening to deprive or actually depriving the woman or her child of custody to his or her family, 6/ 4epriving or threatening to deprive the woman or her children of financial support legally due her or her family, %R deliberately providing the woman1s children insufficient financial support, 9/ 4epriving or threatening to deprive the woman or her child of a legal right, :/ Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim1s own money or properties, %R solely controlling the con-ugal or common money or property; f/ 'nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; g/ ausing or attempting to cause the woman or her child to engage in any se,ual activity which does $%T constitute rape, by force or threat of force, physical harm, %R through intimidation directed against the woman or her child or hisMher immediate family; h/ Engaging in purposeful, "nowing, or rec"less conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child This shall include, but $%T limited to, the following acts: 7/ +tal"ing or following the woman or her child in public or private places; 6/ Peering in the window or lingering outside the residence of the woman or her child; 9/ Entering or remaining in the dwelling or on the property of the woman or her child against hisMher will; :/ 4estroying the property and personal belongings %R inflicting harm to animals or pets of the woman or her child; and </ Engaging in any form of harassment or violence i/ ausing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but $%T limited to, REPE*TE4 verbal abuse, and denial of financial support or custody of minor children of access to the woman1s child or children

,. An"i)C2ild Po!no+!ap2- Law o1 200* (R.A. *BB9. (1. #e1ini"ion o1 "e!0s (Sec"ion 4 RA *BB9. C2ild:

99 (^_^) ICY

7/ * person below 7? years of age or over, but is unable to fully ta"e care of himselfMherself from abuse, neglect, cruelty, e,ploitation or discrimination because of a physical or mental disability or condition 6/ * person regardless of age who is presented, depicted or portrayed as a child; and 9/ Co0p%"e!)+ene!a"ed, digitally or manually crafted images or graphics of a person who is represented or who is made to appear to be a child C2ild po!no+!ap2-: any representation, whether visual, audio, or written combination thereof, by electronic, mechanical, digital, optical, magnetic or any other means, of child engaged or involved in real or simulated e,plicit se,ual activities E$plici" Se$%al Ac"ivi"-: includes actual or simulated # 57/ *s to form: 5i/ se,ual intercourse or lascivious act including, but not limited to, contact involving genital to genital, oral to genital, anal to genital, or oral to anal, whether between persons of the same or opposite se,; 56/ 59/ 5:/ 5</ &estiality; Masturbation; +adistic or masochistic abuse; (ascivious e,hibition of the genitals, buttoc"s, breasts, pubic area andMor anus; or 5F/ )se of any ob-ect or instrument for lascivious acts In"e!ne" se!vice p!ovide! (ISP.: person or entity that supplies or proposes to supply, an internet carriage service to the public 3!oo0in+: act of preparing a child or someone who the offender believes to be a child for se,ual activity or se,ual relationship by communicating any form of child pornography8 't includes online enticement %R enticement through any other means L%!in+: act of communicating, by means of a computer system, with a child or someone who the offender believes to be a child for the purpose of facilitating the commission of se,ual activity or production of any form of child pornography Pande!in+: act of offering, advertising, promoting, representing or distributing through any means any material or purported material that is intended to cause another to believe that the material or purported material contains any form of child pornography, regardless of the actual content of the material or purported material

(2. >nlaw1%l o! p%nis2a,le ac"s 't shall be unlawful for any person: 5+ection :, R* @AA</ a/ To hire, employ, use, persuade, induce or coerce a child to perform in the creation or production of any form of child pornography; b/ To produce, direct, manufacture or create any form of child pornography; c/ To publish offer, transmit, sell, distribute, broadcast, advertise, promote, e,port or import any form of child pornography; d/ To possess any form of child pornography with the intent to sell, distribute, publish, or broadcast: Provided8 That possession of three 59/ or more articles of child pornography of the same form shall be prima facie evidence of the intent to sell, distribute, publish or broadcast; e/ To "nowingly, willfully and intentionally provide a venue for the commission of prohibited acts as, but not limited to, dens, private rooms, cubicles, cinemas, houses or in establishments purporting to be a legitimate business; f/ =or film distributors, theaters and telecommunication companies, by themselves or in cooperation with other entities, to distribute any form of child pornography; g/ =or a parent, legal guardian or person having custody or control of a child to "nowingly permit the child to engage, participate or assist in any form of child pornography; h/ To engage in the luring or grooming of a child; i/ To engage in pandering of any form of child pornography; -/ To willfully access any form of child pornography;

100 (^_^) ICY

"/ To conspire to commit any of the prohibited acts stated in this section8 onspiracy to commit any form of child pornography shall be committed when 6 or more persons come to an agreement concerning the commission of any of the said prohibited acts and decide to commit it; and l/ To possess any form of child pornography Child Pornography as a Transnational Crime. J Pursuant to the onvention on transnational %rgani3ed rime, 4%E may e,ecute the re>uest of a foreign state for assistance in the investigation or prosecution of any form of child pornography by: 7/ onducting a preliminary investigation against the offender and, if appropriate, to file the necessary charges in court; 6/ !iving information needed by the foreign state; and 9/ to apply for an order of forfeiture of any proceeds or monetary instrument or properly located in the Philippines used in connection with child pornography in the court; Provided, That 'f the 4%E refuses to act on the re>uest of for delaying the e,ecution thereof, and The principles of mutuality and reciprocity shall, for this purpose, be at all times recogni3ed

c. An"i):aDin+ Law (R.A. ?07*. (1. :aDin+ # only regulated (a. #e1ini"ion (Sec"ion 1 RA ?07*. *n initiation rite or practice as a prere>uisite for administration for admission into membership in a fraternity, sorority or organi3ation by placing the recruit, neophyte or applicant in some e0,a!!assin+ o! 2%0ilia"in+ si"%a"ions, such as: =orcing him to do menial, silly, foolish, and similar tas"s or activities or +ub-ecting him to physical or psychological suffering or in-ury

%rgani3ation: include *$2 club %R the *=P, P$P, PM*, or officer and cadet corps of the iti3en1s Military Training, or iti3en1s *rmy Training Physical, mental and psychological fitness of prospective regular members of the *=P and the P$P as approved by the +ecretary of $ational 4efense and $ational Police ommission duly recommended by the hief of +taff, *=P and the 4irector !eneral of the P$P shall $%T be considered as ha3ing for the purposes of R* ?G:@/

(,. Allowed ini"ia"ion !i"es 'nitiation rites with PR'%R w!i""en no"ice to the school authorities or head of organi3ation A days &E=%RE the conduct of such initiation 5+ection 6, R* ?G:@/ # written notice shall indicate: Period of the initiation activities which shall $%T e,ceed 9 days, $ames of those to be sub-ected to such activities, )nderta"ing that $% physical violence be employed by anybody during such initiation rites

(2. W2o a!e lia,le (+ection :, R* ?G:@/ %fficers and members of the fraternity, sorority or organi3ation who actually participated in the infliction of physical harm

101 (^_^) ICY

%fficers, former officers, or alumni of the organi3ation, group, fraternity or sorority who actually planned the ha3ing although $%T present when the acts constituting the ha3ing were committed %fficers or members of an organi3ation, group, fraternity or sorority who "nowingly cooperated in carrying out the ha3ing by inducing the victim to be present =raternity or sorority adviser who is PRE+E$T when the acts constituting the ha3ing was present *$4 failed to ta"e action to prevent the same from occuring +chool authorities, including faculty, who consent to the ha3ing %wner of the place where ha3ing is conducted # accomplice *ny person present during the ha3ing 5Principal/ )$(E++ he prevented the commission of the acts punishable under R* ?G:@ President, manager, director or other responsible officer of a corporation engaged in ha3ing as a re>uirement for employment $%TE: *ny person charged shall $%T be entitled to the mitigating circumstance that there was no intention to commit so grave a wrong

(4. P%nis2a,le ac"s 0a3ing or other forms of initiation rites where person suffers any physical in-ury or dies thereof 4eath, rape, sodomy, or mutilation results from the ha3ing or initiation rite Victim shall become insane, imbecile, impotent, or blind Victim shall lose speech, hearing, sense of smell, %R lose an eye, a hand, foot, an arm %R become incapacitated for the activity or wor" in which he was habitually engaged Victim shall become deformed, lose a body part or use thereof, be ill or incapacitated

Recruitment is accompanied by force, violence, threat, intimidation, or deceit on the person of the recruit who refuses to -oin Recruit is prevented from >uitting Recruit is prevented through force, violence, threat, or intimidation from reporting unlawful acts to his parents, guardians, school authorities, or police

d. Special P!o"ec"ion o1 C2ild!en A+ains" C2ild A,%se E$ploi"a"ion and #isc!i0ina"ion Ac" (R.A. B810 as a0ended. (1. Cove!a+e hildren refers to Persons below 7? years of age %R Those above 7? years but are unable to fully ta"e care of themselves or protect themselves from abuse

(2. C2ild p!os"i"%"ion p%nis2a,le ac"s (Sec"ion 9 and 8 RA B810. hildren whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in se,ual intercourse or lascivious conduct, are deemed to be children e,ploited in prostitution and other se,ual abuse a/ Engage in or promote, facilitate or induce child prostitution which include, but are $%T limited to the following: 7/ *ct as a procurer of a child prostitute; 6/ 'nduce a person to be a client of a child prostitute by means of a written or oral advertisements or other similar means;

102 (^_^) ICY

9/ Ta"e advantage of influence or relationship to procure a child as a prostitute; :/ Threatening or using violence towards a child to engage him as a prostitute; or </ !iving monetary consideration, goods or other pecuniary benefit to a child with the '$TE$T to engage such child in prostitution b/ ommit the act of se,ual intercourse or lascivious conduct with a child e,ploited in prostitution %R sub-ected to other se,ual abuse c/ 4erive profit on advantage therefrom, whether as manager or owner of the establishment where the prostitution ta"es place There is an *TTEMPT to ommit hild Prostitution when:

*ny person who, $%T being a relative of a child, is found alone with said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other establishment, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be e,ploited in prostitution and other se,ual abuse *ny person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments

(4. C2ild "!a11ic'in+ p%nis2a,le ac"s (Sec"ion B and ? RA B810. *ny person who shall engage in trading and dealing with children including, but $%T limited to, the act of &)2'$! and +E(('$! of a child for money, or for any other consideration, or &*RTER There is an *TTEMPT to ommit hild Traffic"ing when: a/ b/ c/ d/ e/ hild travels alone to a foreign country ;'T0%)T a valid reason thereof and ;'T0%)T clearance issued by the 4+;4 %R written permit or -ustification from the child1s parents or legal guardian; * pregnant mother e,ecutes an affidavit of consent for adoption for a consideration; * person, agency, establishment or childJcaring institutions recruits women or couples to bear children for the purpose of child traffic"ing; * doctor, hospital or clinic official or employee, nurse midwife, local civil registrar or any other person +'M)(*TE+ &'RT0 for the purpose of child traffic"ing; or * person engages in the act of ='$4'$! children among low income families, hospitals, clinics, nurseries, dayJcare centers, or other childJcaring institutions who can be offered for the purpose of child traffic"ing

e. <%venile <%s"ice and Wel1a!e Ac" o1 2008 (R.A. *477.@ also !e1e! "o C2ild and Ao%"2 Wel1a!e Code (P.#. 804 as a0ended. (1. P%nis2a,le ac"s P!o2i,i"ion A+ains" La,elin+ and S2a0in+ J 'n the conduct of the proceedings beginning from the initial contact with the child, the competent authorities must refrain from branding or labeling children as young criminals, -uvenile delin>uents, prostitutes or attaching to them in any manner any other derogatory names8 (i"ewise, no discriminatory remar"s and practices shall be allowed particularly with respect to the childSs class or ethnic origin 5+ection FG, R* @9::/ O"2e! P!o2i,i"ed Ac"s J The following and any other similar acts shall be considered pre-udicial and detrimental to the psychological, emotional, social, spiritual, moral and physical health and wellJbeing of the child in conflict with the law and therefore, prohibited: 5+ection F7, R* @9::/ a/ Employment of threats of whatever "ind and nature;

103 (^_^) ICY

b/ Employment of abusive, coercive and punitive measures such as cursing, beating, stripping, and solitary confinement; c/ Employment of degrading, inhuman end cruel forms of punishment such as shaving the heads, pouring irritating, corrosive or harmful substances over the body of the child in conflict with the law, or forcing himMher to wal" around the community wearing signs which embarrass, humiliate, and degrade hisMher personality and dignity; and d/ ompelling the child to perform involuntary servitude in any and all forms under any and all instances 1. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2. (1. P%nis2a,le ac"s o1 "e!!o!is0 *ny person who commits an act punishable under any of the following provisions of the Revised Penal ode: 5+ection 9, R* @9A6/ a8 *rticle 766 5Piracy in !eneral and Mutiny in the 0igh +eas or in the Philippine ;aters/; b8 *rticle 79: 5Rebellion or 'nsurrection/; c8 *rticle 79:J* 5 oup dS Etat/, including acts committed by private persons; d8 *rticle 6:? 5Murder/; e8 *rticle 6FA 5Kidnapping and +erious 'llegal 4etention/; f8 *rticle 96: 5 rimes 'nvolving 4estruction/, or under 78 P4 7F79 5The (aw on *rson/; 68 R* F@F@ 5To,ic +ubstances and 0a3ardous and $uclear ;aste ontrol *ct of 7@@G/; 98 R* <6GA, 5*tomic Energy Regulatory and (iability *ct of 7@F?/; :8 R* F69< 5*ntiJ0i-ac"ing (aw/; <8 P4 <96 5*ntiJPiracy and *ntiJ0ighway Robbery (aw of 7@A:/; and, F8 P4 7?FF, as amended 54ecree odifying the (aws on 'llegal and )nlawful Possession, Manufacture, 4ealing in, *c>uisition or 4isposition of =irearms, *mmunitions or E,plosives/ thereby sowing and creating a condition of widespread and e,traordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism and shall suffer the penalty of :G years of imprisonment, without the benefit of parole as provided for under *ct $o8 :7G9 5'ndeterminate +entence (aw/ (2. W2o a!e lia,le Principal Acco0plice J *ny person who, not being a principal under *rticle 7A of the Revised Penal ode or a conspirator as defined in +ection : hereof, cooperates in the e,ecution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts 5+ection <, R* @9A6/ Accesso!- J *ny person who, having "nowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice under *rticles 7A and 7? of the Revised Penal ode, ta"es part subse>uent to its commission in any of the following manner: 5+ection F, R* @9A6/ 5a/ &y profiting himself or assisting the offender to profit by the effects of the crime; 5b/ &y concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; 5c/ &y harboring, concealing, or assisting in the escape of the principal or conspirator of the crime *. C!i0es A+ains" Pe!sonal Li,e!"- and Sec%!i"- (28B)2*2.@ in addi"ionE

104 (^_^) ICY

K'4$*PP'$! *$4 +ER'%)+ '((E!*( 4ETE$T'%$ 5*rticle 6FA/ o Elements: a/ %ffender is a private individual; b/ %ffender "idnaps or detains another, %R in any other manner deprives the latter of his liberty; c/ *ct of detention or "idnapping is illegal; d/ 'n the commission of the offense, any of the following circumstances is present: 7/ Kidnapping lasts for more than 9 days; 6/ 't is committed simulating public authority; 9/ *ny serious physical in-uries are inflicted upon the person "idnapped or detained %R threats to "ill him are made; or :/ Person "idnapped or detained is a M'$%R, =EM*(E, or a P)&(' %==' ER o o o Essence of Kidnapping: ta"ing and transporting of a person against his will from one place to another # purpose is to e$"o!" !anso0 Essence of +erious 'llegal 4etention: restraining of a person of his freedom or liberty (oc" up is included in the broader term of detention which refers to a placing of a person in an enclosure which he cannot leave %R to any other deprivation on liberty which does $%T necessarily involve loc"ing up # since the victim was not loc"ed up or detained, there is $% "idnapping 5People vs8 *storgas, 4ecember 66, 7@@A/ ;hen the act brings about variant crimes, M%T'VE is important ;oman is ta"en against her will with (E;4 4E+'!$+ and is transported from one place to another P /o!ci,le A,d%c"ion ;oman is dragged to a distance of < meters against her will P 3!ave Coe!cion when there is $% intent to deprive a person of liberty ;oman is ta"en against her will ;'T0%)T lewd designs and is transported from one place to another P Ille+al #e"en"ion ;oman is ta"en against her will ;'T0%)T lewd designs and is transported from one place to another for the purpose of e,torting ransom P Hidnappin+

+pecial comple, crimes that may arise in Kidnapping:

1) Kidnapping with 0omicide67 2) Kidnapping with Rape66

9/ Kidnapping with Physical 'n-uries o ;here the person "idnapped is "illed in the course of detention, regardless of whether the "illing was purposely sought %R was merely an afterthought, the "idnapping and murder can $% longer be comple,ed under *rticle :?, $%R be treated as separate crimes, but shall be punished as a special co0ple$ c!i0e o1 Hidnappin+ wi"2 :o0icide %nde! RA B89* 5People vs8 Rimorin, 996 + R*/

+('!0T '((E!*( 4ETE$T'%$ 5*rticle 6F?/ o Elements: a/ b/ c/ d/ %ffender is a private individual; 0e "idnaps or detains another, %R in any other manner deprives him of his liberty; The act of "idnapping or detention is illegal; The crime is committed ;'T0%)T the attendant circumstances in *rticle 6FA # 7/ %ffended party is voluntarily released within 9 days from the start of illegal detention

21

T$e ter 7o ici%e i! u!e% in t$e G*N*2I5 !en!e ) /i&&in. i! a Jua&ifyin. circu !tanceK t$e /i&&in. or %eat$ i! #it$ reference on&y to t$e 0I5TI, ) if anot$er 3er!on i! /i&&e%, t$e /i&&in. i! a S*-A2AT* cri e 22 Hi%na33in. !$ou&% (e 6IT7'UT &e#% %e!i.n! an% on&y one offen!e re.ar%&e!! of $o# any ra3e! #ere co itte%

105 (^_^) ICY

6/ ;'T0%)T attaining the purpose; 9/ &E=%RE the institution of the criminal action )$(*;=)( *RRE+T 5*rticle 6F@/ o Elements: a/ %ffender arrests or detains another person; b/ The purpose is to 4E('VER him to the proper authorities; c/ *rrest or detention is $%T authori3ed by law %R there is $% reasonable ground therefor K'4$*PP'$! *$4 =*'()RE T% RET)R$ * M'$%R 5*rticle 6AG/ o Elements: a/ %ffender is E$TR)+TE4 with the custody of a minor person 5less than 7? years/; b/ 0e deliberately fails to restore the said minor to his parents or guardian o 't may be committed by the father andMor mother of the minor

'$4) '$! * M'$%R T% *&*$4%$ 0'+ 0%ME 5*rticle 6A7/ o Elements: a/ The minor is living in the home of his parents or guardians %R the person entrusted with his custody; b/ %ffender induces said minor to abandon such home

+(*VER2 5*rticle 6A6/ o Elements: a/ %ffender purchases, sells, "idnaps or detains a human being; b/ Purpose of offender is to E$+(*VE such human being %R to assign the victim to immoral traffic

E.P(%'T*T'%$ %= o Elements:

0'(4 (*&%R 5*rticle 6A9/

a/ %ffender retains a minor in his services; b/ 't is against the minor1s will; c/ 't is under the prete,t of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor o *ntiJ hild (abor *ct of 6GG9 5R* @697/ # punishable acts: a/ Ma"ing the child wor" beyond the ma,imum numbers of wor"ing hours provided by law; b/ Misappropriating the earnings of the child andMor failure to set up a trust fund for the latter and render a semiJannual accounting of such; c/ )sing, procuring or offering the child for purposes of prostitution or pornographic activities; d/ )sing, procuring or offering the child for illicit activities, such as traffic"ing of drugs and other illegal substances; e/ Ma"ing the child wor" in ha3ardous wor"ing conditions; f/ +ub-ecting the child to various forms of slavery as defined in R* @6G? 5*ntiJ Traffic"ing of Persons *ct of 6GG9/, including traffic"ing of children, recruiting of child soldiers, etc

106 (^_^) ICY

+ERV' E+ RE$4ERE4 )$4ER o Elements:

%MP)(+'%$ '$ P*2ME$T %= 4E&T+ 5*rticle 6A:/

a/ %ffender compels a debtor to wor" for him, either as a 0%)+E0%(4 +ERV*$T or a =*RM (*&%RER; b/ 't is against the debtor1s will; c/ Purpose is to re>uire or enforce the payment of a debt o o 'f debtor is compelled to wor" as a driver, the creditor is $%T liable under *rticle 6A: since a driver is $%T a household servant or a farm laborer 'f there is T0RE*T, V'%(E$ E or '$T'M'4*T'%$ employed by the creditor to compel the debtor to wor" as a driver P 3!ave Coe!cion 5*rticle 6?F/

*&*$4%$ME$T %= PER+%$+ '$ 4*$!ER *$4 *&*$4%$ME$T %= %$E1+ %;$ V' T'M 5*rticle 6A</ o Elements: a/ b/ c/ d/ o The place is NOT in2a,i"ed; *ccused found a person wounded or in danger of dying; *ccused can render assistance without detriment to himself; *ccused fails to render assistance

*cts punishable: a/ =ailing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, )$(E++ such omission shall constitute a more serious offense b/ =ailing to help or render assistance whom the offender accidentally wounded or in-ured c/ =ailing to deliver a child, under A years of age, whom the offender has found abandoned, to the authorities or to his family, %R failing to ta"e him to a safe place

*&*$4%$'$! * M'$%R 5*rticle 6AF/ o Elements: a/ %ffender has custody of a child; b/ hild is under A years of age; c/ 0e abandons such child; d/ 0e has $% intent to "ill the child when the latter is abandoned o I)*('=2'$! circumstances of *bandoning a Minor: a/ 4eath of the minor resulted from such abandonment, or b/ (ife of the minor was in danger because of the abandonment

*&*$4%$ME$T %= M'$%R &2 PER+%$ E$TR)+TE4 ;'T0 0'+ P*RE$T+ 5*rticle 6AA/ o *cts punishable:

)+T%42; '$4'==ERE$ E %=

a/ 4elivering a minor to a public institution or other persons ;'T0%)T the consent of the one who entrusted such minor to the care of the offender %R, in the absence of that one, ;'T0%)T the consent of the proper authorities b/ $eglecting his 5offender1s/ children by $%T giving them the education which their station in life re>uires and financial condition permits o RA *282 5*ntiJViolence against ;omen and their hildren *ct of 6GG:/ also punishes $E!(E T on the part of the P*RE$T+ to provide support, education or medical or hospital support or attention to their children

107 (^_^) ICY

E.P(%'T*T'%$ %= M'$%R+ 5*rticle 6A?/ o *cts punishable: a/ b/ ausing any boy or girl under 7F years of age to perform any dangerous feat of balancing, physical strength or condition # the offender being *$2 person; Employing children under 7F years of age who are $%T the children or descendants of the offender in e,hibitions of acrobat, gymnast, ropeJwal"er, diver, or wild animal tamer # offender being an acrobat, gymnast, ropeJwal"er, diver, wild animal tamer, circus manager, %R engaged in similar calling; Employing any descendant under 76 years of age in dangerous e,hibitions enumerated in paragraph 5b/ # offender being engaged in any of the said callings; 4elivering a child under 7F years of age +!a"%i"o%sl- to any person following any of the callings enumerated in paragraph 5b/, %R to any habitual vagrant or beggar # offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child; and 'nducing any child under 7F years of age to abandon the home of his ascendant, guardians, curators or teachers to follow any person engaged in any of the callings enumerated in paragraph 5b/ %R to accompany any habitual vagrant or beggar # offender being any person

c/ d/

e/

;hen child is 7F years old and up but &E(%; 7? years, RA B810 5+pecial Protection of hildren against hild *buse, E,ploitation and 4iscrimination *ct/ applies

TRE+P*++ T% 4;E(('$! 5*rticle 6?G/ o Elements: a/ %ffender is a private person; b/ 0e enters the dwelling of another; c/ +uch entrance is against the latter1s will # e,pressly or impliedly o 4;E(('$!: place where a person resides # includes dependencies of the house o $ot necessary that it be the permanent place of a person 'ncludes a room for a boarder, transient, or bed spacer

6 =orms of Trespass: a/ Iualified Trespass to 4welling # committed by any private person who shall enter the dwelling of another against the latter1s will by means of violence or intimidation b/ Trespass to Property 5*rticle 6?7/

%T0ER =%RM+ %= TRE+P*++ 5*rticle 6?7/ o Elements: a/ b/ c/ d/ o %ffender enters a closed premises or the 1enced estate of another; Entrance is made while either of them is >NIN:A&ITE#; Prohibition to enter is 0ani1es"; Trespasser has $%T secured the permission of the owner or the careta"er thereof

'nstances where there is $% Trespass to 4welling: a/ * person enters the dwelling of another for the purpose of preventing some serious harm to himself, the occupants of the building or a third person; b/ Purpose of the offender is to render service to humanity or -ustice; c/ * person enters cafes, taverns, inns or other public houses while they are open; d/ 0ot pursuit of a person who has committed a crime

!R*VE T0RE*T+ 5*rticle 6?6/

108 (^_^) ICY

*cts punishable: a/ Threatening another with the infliction upon his person, honor or property, or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition even though lawful, *$4 the offender attained his purpose; b/ Ma"ing such threat without the offender attaining his purpose; c/ Threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat $%T being sub-ect to a condition

Threat is an oral or physical declaration of an intention to harm or in-ure another # threat could be directed upon the person, honor or property of another

('!0T T0RE*T+ 5*rticle 6?9/ o Elements: a/ %ffender ma"es a threat to commit a wrong; b/ The wrong does $%T constitute a crime; c/ There is a demand for money %R that other condition is imposed, even though lawful o ;hether offender has attained or has $%T attained his purpose # punishable

%T0ER ('!0T T0RE*T+ 5*rticle 6?</ o *cts punishable: a/ Threatening another with a weapon, %R drawing such weapon in a >uarrel, )$(E++ it be in lawful selfJdefense; b/ %rally threatening another, in the heat of anger, with some harm constituting a crime, ;'T0%)T persisting in the idea involved in his threat; c/ %rally threatening to do another any harm $%T constituting a felony

!R*VE o

%ER '%$+ 5*rticle 6?F/ Elements: a/ * person prevented another from doing something $%T prohibited by law, %R %ffender compelled another to do something against his will, be it right or wrong; b/ Prevention or compulsion be effected by violence, threats or intimidation; c/ The person that restrained the will and liberty of another had $% authority of law or right to do so

o ('!0T o

'f a person prohibits another to do an act constituting a crime %R from doing an act prohibited by law, he does $%T commit !rave oercion %ER '%$+ 5*rticle 6?A/ Elements of ='R+T paragraph: a/ %ffender must be a c!edi"o!; b/ 0e sei3es anything belonging to his debtor; c/ The sei3e of the thing be accomplished by means of violence or a display of material force producing intimidation; d/ Purpose of offender is to apply the same to the payment of the debt

+econd paragraph # any other coercions or un-ust ve,ation committed by any person ;'T0%)T violence %ER '%$+ 5*rticle 6??/

%T0ER +'M'(*R

109 (^_^) ICY

*cts punishable: a/ =orcing or compelling 5directly or indirectly/ %R "nowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any "ind from him; b/ Paying the wages due his laborer or employee by means of to"ens or ob-ect other than the legal tender currency of the Philippines, )$(E++ e,pressly re>uested by such laborer or employee

=%RM*T'%$, M*'$TE$*$ E *$4 PR%0'&'T'%$ %= T0R%)!0 V'%(E$ E %R T0RE*T+ 5*rticle 6?@/ o Elements:

%M&'$*T'%$ %=

*P'T*( %R (*&%R

a/ %ffender employs violence or threats, in such a degree as to compel or force the laborers or employees in the free and legal e,ercise of their industry or wor"; b/ Purpose is to organi3e, maintain or prevent coalitions of capital or labor, stri"e of laborers, or loc"out of employers 4'+ %VER'$! +E RET+ T0R%)!0 +E'L)RE %= o Elements: a/ %ffender is a private individual %R a public officer $%T in the e,ercise of his official function; b/ 0e sei3es the papers or letters of another; c/ Purpose is to discove! "2e sec!e"s o1 s%c2 ano"2e! pe!son ; d/ %ffender is informed of the contents of the papers or letter sei3ed o o o o 't is necessary that the purpose of the sei3ure is to discover the secrets of another 't is $%T necessary that the offender actually discovers the secret of another contained in the letter # mere sei3ure of correspondence consummates the crime onstitution guarantees the right of the people to be secure in their persons, papers houses and effects against unreasonable searches and sei3ure *rticle 6@7 does $%T apply if the persons who ma"e the sei3ure of correspondence are: a/ Parents, guardians or persons entrusted with the care and custody of minors with respect to the papers or letters of the children or minor placed under their care or custody, or b/ +pouses with respect to papers or letters of either of them +till, in case of unreasonable search and sei3ure, the letters shall $%T be admissible in a criminal case of oncubinage because of the 4octrine of Poisonous Tree %RRE+P%$4E$ E 5*rticle 6@G/

REVE*('$! +E RET+ ;'T0 *&)+E %= %==' E 5*rticle 6@7/ o Elements: a/ %ffender is a manager, employee or servant of the victim; b/ %ffender learns the secrets of his principal or master '$ +) 0 c/ %ffender reveals such secrets o o

*P* 'T2;

Rationale of *rticle 6@6: trust and confidence reposed in the offender by the master or principal by reason of the employment 4amages suffered by the master or principal is 'MM*TER'*(

REVE(*T'%$ %= '$4)+TR'*( +E RET+ 5*rticle 6@6/ o Elements:

110 (^_^) ICY

a/ %ffender is a person in charge, employee or wor"man of a manufacturing or industrial establishment; b/ Manufacturing or industrial establishment has a secret of the industry which the offender has learned; c/ %ffender reveals such secrets; d/ Pre-udice is caused to the owner a. An"i)Wi!e Tappin+ Ac" (R.A. 7200 6 app!oved <%ne 1* 1*89. (1. P%nis2a,le ac"s 5+ection 7 and 6, R* :6GG/ 't shall be unlawful for any person, $%T being authori3ed by all the parties to any private communication or spo"en word to: Tap any wire or cable, or +ecretly overhear, intercept, or record such communication or spo"en word by using a device commonly "nown as 4ictaphone, dictagraph, detectaphone, wal"ieJtal"ie, tape recorder, or by using any other device or arrangement

't shall be unlawful for any person, be he a participant or not in the actMs mentioned above to: Knowingly possess any tape record, wire record, disc record, or any other such record or copies thereof, of *$2 communication or spo"en word secured either before or after the effective of R* :6GG in the manner prohibited by law; or Replay the same for any other personMs; or ommunicate the contents thereof verbally or in writing, =urnish transcriptions thereof, whether complete or partial, to any other persons

(2. E$cep"ions *ny peace officer who is *)T0%R'LE4 by a WRITTEN o!de! o1 "2e Co%!" to e,ecute any of the acts declared to be unlawful in cases involving crimes of: Treason, Espionage, Provo"ing war and disloyalty in case of war, Piracy, Mutiny in the high seas, Rebellion, onspiracy and Proposal to ommit Rebellion, +edition, onspiracy to ommit +edition, 'nciting to +edition, Kidnapping, %ther offenses against national security

,. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2. (1. S%!veillance o1 s%spec"s and in"e!cep"ion and !eco!din+ o1 co00%nica"ions The provisions of R* :6GG 5*ntiJ;ire Tapping (aw/ to the contrary notwithstanding, a police o! law en1o!ce0en" o11icial and "2e 0e0,e!s o1 2is "ea0 may, upon a w!i""en o!de! o1 "2e Co%!" o1 Appeals , ('+TE$ to, '$TER EPT and RE %R4, with the use of any mode, form, "ind or type of electronic or other surveillance e>uipment or intercepting and trac"ing devices, or with the use of any other suitable ways and means for that purpose, any communication, message, conversation, discussion, or spo"en or written words between members of a -udicially declared and outlawed terrorist organi3ation, association, or group of persons or of any person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism8 5+ection A, R* @9A6/

111 (^_^) ICY

Provided, That surveillance, interception and recording of communications between lawyers and clients, doctors and patients, -ournalists and their sources and confidential business correspondence shall $%T be authori3ed (2. Res"!ic"ion on "!avel SEC. 28. Restriction on Travel. J 'n cases where evidence of guilt is not strong, and the person charged with the crime of terrorism or conspiracy to commit terrorism is entitled to bail and is granted the same, the court, upon application by the prosecutor, shall limit the right of travel of the accused to within the municipality or city where he resides or where the case is pending, in the interest of national security and public safety, consistent with *rticle ''', +ection F of the onstitution8 Travel outside of said municipality or city, without the authori3ation of the court, shall be deemed a violation of the terms and conditions of his bail, which shall then be forfeited as provided under the Rules of ourt8 5+ection 6F, R* @9A6/ 0eMshe may also be placed under house arrest by order of the court at his or her usual place of residence8 ;hile under house arrest, he or she may $%T use telephones, cellphones, eJ mails, computers, the internet or other means of communications with people outside the residence until otherwise ordered by the court8 The restrictions abovementioned shall be terminated upon the ac>uittal of the accused or of the dismissal of the case filed against him or earlier upon the discretion of the court on motion of the prosecutor or of the accused (4. E$a0ina"ion o1 ,an' deposi"s and doc%0en"s (a. <%dicial A%"2o!iDa"ion The provisions of R* 7:G< to the contrary notwithstanding, the -ustices of the ourt of *ppeals designated as a special court to handle antiJterrorism cases after satisfying themselves of the e,istence of probable cause in a hearing called for that purpose that: 5+ection 6A, R* @9A6/ 7/ * person charged with or suspected of the crime of terrorism or, conspiracy to commit terrorism, 6/ %f a -udicially declared and outlawed terrorist organi3ation, association, or group of persons; and 9/ %f a member of such -udicially declared and outlawed organi3ation, association, or group of persons, may authori3e in writing any police or law enforcement officer and the members of hisMher team duly authori3ed in writing by the antiJterrorism council to: a/ E,amine, or cause the e,amination of, the deposits, placements, trust accounts, assets and records in a ban" or financial institution; and b/ !ather or cause the gathering of any relevant information about such deposits, placements, trust accounts, assets, and records from a ban" or financial institution8 The ban" or financial institution concerned, shall not refuse to allow such e,amination or to provide the desired information, when so, ordered by and served with the written order of the ourt of *ppeals

(,. Applica"ion The written order of the ourt of *ppeals authori3ing the e,amination of ban" deposits, placements, trust accounts, assets, and records: 5+ection 6?, R* @9A6/

112 (^_^) ICY

7/ %f a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; 6/ %f any -udicially declared and outlawed terrorist organi3ation, association, or group of persons, or 9/ %f any member of such organi3ation, association, or group of persons in a ban" or financial institution, and the gathering of any relevant information about the same from said ban" or financial institution, shall only be granted by the authori3ing division of the ourt of *ppeals upon an e, parte application to that effect of a police or of a law enforcement official who has been duly authori3ed in writing to file such e, parte application by the *ntiJTerrorism ouncil to file such e, parte application, and upon e,amination under oath or affirmation of the applicant and, the witnesses he may produce to establish the facts that will -ustify the need and urgency of e,amining and free3ing the ban" deposits, placements, trust accounts, assets, and records: 7/ %f the person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism; 6/ %f a -udicially declared and outlawed terrorist organi3ation, association or group of persons; or 9/ %f any member of such organi3ation, association, or group of persons (7. >na%"2o!iDed !evela"ion o1 classi1ied 0a"e!ials *ny person, police or law enforcement agent, -udicial officer or civil servant who, $%T being authori3ed by the ourt of *ppeals to do so, reveals in any manner or form any classified information under this *ct 5+ection :F, R* @9A6/

c.

An"i)T!a11ic'in+ in Pe!sons Ac" o1 2004 (R.A. *20?. (1. P%nis2a,le ac"s Acts of Trafficking in Persons 't shall be unlawful for any person, natural or -uridical, to commit any of the following acts: 5+ection :, R* @6G?/ a/ To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the prete,t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; b/ To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic *ct $o8 F@<<, any =ilipino woman to a foreign national, for marriage for the purpose of ac>uiring, buying, offering, selling or trading himMher to engage in prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; c/ To offer or contract marriage, real or simulated, for the purpose of ac>uiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se,ual e,ploitation, forced labor or slavery, involuntary servitude or debt bondage; d/ To underta"e or organi3e tours and travel plans consisting of tourism pac"ages or activities for the purpose of utili3ing and offering persons for prostitution, pornography or se,ual e,ploitation; e/ To maintain or hire a person to engage in prostitution or pornography; f/ To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; g/ To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and h/ To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

113 (^_^) ICY

Acts that Promote Trafficking in Persons The following acts which promote or facilitate traffic"ing in persons, shall be unlawful: 5+ection <, R* @6G?/ 5a/ To "nowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting traffic"ing in persons; 5b/ To produce, print and issue or distribute unissued, tampered or fa"e counseling certificates, registration stic"ers and certificates of any government agency which issues these certificates and stic"ers as proof of compliance with government regulatory and preJdeparture re>uirements for the purpose of promoting traffic"ing in persons; 5c/ To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes traffic"ing in persons; 5d/ To assist in the conduct of misrepresentation or fraud for purposes of facilitating the ac>uisition of clearances and necessary e,it documents from government agencies that are mandated to provide preJdeparture registration and services for departing persons for the purpose of promoting traffic"ing in persons; 5e/ To facilitate, assist or help in the e,it and entry of persons fromMto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting traffic"ing in persons; 5f/ To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic"ed persons in furtherance of traffic"ing or to prevent them from leaving the country or see"ing redress from the government or appropriate agencies; and 5g/ To "nowingly benefit from, financial or otherwise, or ma"e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery

The following are considered as I)*('='E4 traffic"ing: 5+ection F, R* @6G?/ 5a/ ;hen the traffic"ed person is a child; 5b/ ;hen the adoption is effected through R* ?G:9 5'nterJ ountry *doption *ct of 7@@</ and said adoption is for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; 5c/ ;hen the crime is committed by a syndicate, or in large scale8 Traffic"ing is deemed committed by a syndicate if carried out by a group of three 59/ or more persons conspiring or confederating with one another8 't is deemed committed in large scale if committed against 9 or more persons, individually or as a group; 5d/ ;hen the offender is an ascendant, parent, sibling, guardian or a person who e,ercises authority over the traffic"ed person or when the offense is committed by a public officer or employee; 5e/ ;hen the traffic"ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies; 5f/ ;hen the offender is a member of the military or law enforcement agencies; and 5g/ ;hen by reason or on occasion of the act of traffic"ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with 0uman 'mmunodeficiency Virus 50'V/ or the *c>uired 'mmune 4eficiency +yndrome 5*'4+/

10. C!i0es A+ains" P!ope!"- (2*4)442.@ in addi"ionE Robbery: ta"ing of personal property belonging to another, with intent to gain, by means of violence against, or intimidation of any person, or using force upon anything8 E(EME$T+ of robbery in general

114 (^_^) ICY

78 68 98 :8

There is personal property belonging to another; There is unlawful ta"ing of that property; The ta"ing must be with intent to gain; and There is violence against or intimidation of any person, or force upon anything8

R%&&ER2 ;'T0 V'%(E$ E *!*'$+T %R '$T'M'4*T'%$ %= PER+%$+ 5*rticle 6@:/ o *cts punished: 78 ;hen by reason or on occasion of the robbery 5ta"ing of personal property belonging to another with intent to gain/, the crime of homicide is committed; 68 ;hen the robbery is accompanied by rape or intentional mutilation or arson; 98 ;hen by reason of on occasion of such robbery, any of the physical in-uries resulting in insanity, imbecility, impotency or blindness is inflicted; :8 ;hen by reason or on occasion of robbery, any of the physical in-uries resulting in the loss of the use of 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 wor" in which the in-ured person is theretofore habitually engaged is inflicted; <8 'f the violence or intimidation employed in the commission of the robbery is carried to a degree unnecessary for the commission of the crime; F8 ;hen in the course of its e,ecution, the offender shall have inflicted upon any person $%T responsible for the commission of the robbery any of the physical in-uries inconse>uence of which the person in-ured becomes: a/ 4eformed or loses any other member of his body or loses the sue thereof or b/ 'll or incapacitated for the performance of the wor" in which he is habitually engaged for more than @G days or c/ 'll or incapacitated for labor for more than 9G days; A8 'f the violence employed by the offender does $%T cause any of the serious physical in-uries 5*rticle 6F9/, %R if the offender employs intimidation only o Robbery with violence committed: 5*rticle 6@A/ 78 68 98 :8 against or intimidation of person >ualified is >ualified if it is

'n an uninhabited place; &y a band; &y attac"ing a moving train, street car, motor vehicle, or airship; &y entering the passengers1 compartments in a train, or in any manner ta"ing the passengers thereof by surprise in the respective conveyances; or <8 %n a street, road, highway or alley, and the intimidation is made with the use of firearms the offender shall be punished by the ma,imum periods of the proper penalties prescribed in *rticle 6@:8 o Re>uisites for liability for the acts of the other members of the band 5*rticle 6@F/ 78 68 98 :8 0e was a member of the band; 0e was present at the commission of a robbery by that band; The other members of the band committed an assault; 0e did not attempt to prevent the assault8 %MM'TTE4 )$4ER ERT*'$ 'R )M+T*$ E+ 5*rticle

*TTEMPTE4 *$4 =R)+TR*TE4 R%&&ER2 6@A/ o o

+pecial comple, crime of *ttempted Robbery with 0omicide or =rustrated Robbery with 0omicide *rticle 6@A punishes an act when by reason or on occasion of an attempted or frustrated robbery a homicide is committed

E.E )T'%$ %= 4EE4+ &2 ME*$+ %= V'%(E$ E %R '$T'M'4*T'%$ 5*rticle 6@?/

115 (^_^) ICY

Elements 78 %ffender has intent to defraud another; 68 %ffender compels him to sign, e,ecute, or deliver any public instrument or document8 98 The compulsion is by means of violence or intimidation8

R%&ERR2 '$ *$ '$0*&'TE4 0%)+E %R P)&(' 5*rticle 6@@/ o Elements of first part:

&)'(4'$! %R E4'=' E 4EV%TE4 T% ;%R+0'P

78 %ffender entered an inhabited house, public building 68 The entrance was effected by any of the following means: 5a/ 5b/ 5c/ 5d/ Through an opening $%T intended for entrance or egress; &y brea"ing any wall, roof or floor, or brea"ing any door or window; &y using false "eys, pic"loc"s or similar tools; or &y using any fictitious name or pretending the e,ercise of public authority8 to another with

98 %nce inside the building, offender too" personal property belonging intent to gain o Elements of second part:

78 %ffender is inside a dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; 68 %ffender ta"es personal property belonging to another, with intent to gain, under any of the following circumstances: a/ &y the brea"ing of doors, wardrobes, chests, or any other "ind of loc"ed or sealed furniture or receptacle; or b/ &y ta"ing such furniture or ob-ects away to be bro"en or forced open outside the place of the robbery8 o /o!ce %pon "2in+s: $ot any "ind of force upon things will characteri3e the ta"ing as one of robbery The force upon things contemplated re>uires some element of trespass into the establishment where the robbery was committed %ffender must have entered the premises where the robbery was committed 'f $% entry was effected, even though force may have been employed actually in the ta"ing of the property from within the premises, the crime will only be theft8

6 predicates that will give rise to the crime as robbery:

1. &y mere entering alone, a robbery will be committed if any personal property is ta"en
from within; 68 The entering will $%T give rise to robbery even if something is ta"en inside # 't is the ,!ea'in+ of the receptacle or closet or cabinet where the personal property is "ept that will give rise to robbery, or the ta"ing of a sealed, loc"ed receptacle to be bro"en outside the premises o R%&&ER2 '$ *$ '$0*&'TE4 0%)+E %R '$ * PR'V*TE &)'(4'$! 5*rticle 9G6/ o Elements 78 %ffender entered an uninhabited place or a building which was $%T a dwelling house, $%T a public building, or $%T an edifice devoted to religious worship; 68 *ny of the following circumstances was present:

116 (^_^) ICY

a/ Entrance was effected through an opening $%T intended for entrance or egress; b/ * wall, roof, floor, or outside door or window was bro"en; c/ Entrance was effected through the use of false "eys, pic"loc"s or other similar tools; d/ * door, wardrobe, chest, or any sealed or closed furniture or receptacle was bro"en; or e/ * closed or sealed receptacle was removed, even if the same be bro"en open elsewhere8 98 %ffender too" therefrom personal property belonging to another with intent to gain8 o )nder *rticle 9G9, if the robbery under *rticle 6@@ and 9G6 consists in the ta"ing of cereals, fruits, or firewood, the penalty imposable is (%;ER

P%++E++'%$ %= P' K(% K+ %R +'M'(*R T%%(+ 5*rticle 9G:/ o Elements: 78 %ffender has in his possession pic"loc"s or similar tools; 68 +uch pic"loc" or similar tools are especially adopted to the commission of robbery; 98 %ffender does $%T have lawful cause for such Possession o =alse "eys: 78 Tools mentioned in *rticle 9G:; 68 !enuine "eys stolen from the owner; 98 *ny "ey other than those intended by the owner for use in the loc" forcibly opened by the offender

&R'!*$4*!E 5*rticle 9GF/ o &!i+anda+e: crime committed by M%RE than 9 armed persons who form a band of robbers for the purpose of committing robbery in the highway or "idnapping persons for the purpose of e,tortion or to obtain ransom, %R for any other purpose to be attained by means of force and violence Elements of brigandage 78 There are least : armed persons; 68 They formed a band of robbers; 98 The purpose is any of the following: 5a/ To commit robbery in the highway; 5b/ To "idnap persons for the purpose of e,tortion or to obtain ransom; or 5c/ To attain by means of force and violence any other purpose

*'4'$! *$4 *&ETT'$! * &*$4 %= &R'!*$4+ 5*rticle 9GA/ o Elements 78 There is a band of brigands; 68 %ffender "nows the band to be of brigands; 98 %ffender does any of the following acts: 5a/ 0e in any manner aids, abets or protects such band of brigands; 5b/ 0e gives them information of the movements of the police or other peace officers of the government; or 5c/ 0e ac>uires or receives the property ta"en by such brigands o 4istinction between brigandage 5RP / and highway robberyMbrigandage 5P4 <96/:

117 (^_^) ICY

a/ &rigandage 5RP / to the formation of a band of robbers by more than 9 armed persons for the purpose of committing robbery in the highway, "idnapping for purposes of e,tortion or ransom, or for any other purpose to be attained by force and violence The mere forming of a band, which re>uires at least : armed persons, if for any of the criminal purposes stated in *rticle 9GF, gives rise to brigandage

b/ 0ighway robberyMbrigandage under P4 <96 is the sei3ure of any person for ransom, e,tortion or for any other lawful purposes, or the ta"ing away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by any person on any Philippine highway o &!i+anda+e 5P4 <96/: actual commission of the robbery on the highway and can be committed by one person alone

T0E=T 5*rticle 9G?/ o Persons liable: 78 Those who with intent to gain, but without violence against or intimidation of persons nor force upon things, ta"e personal property of another without the latter1s consent; 68 Those who having found lost property, fails to deliver the same to the local authorities or to its owner; 98 Those who, after having maliciously damaged the property of another, remove or ma"e use of the fruits or ob-ects of the damage caused by them; :8 Those who enter an enclosed estate or a field where trespass is forbidden or which belongs to another and, without the consent of its owner, hunt or fish upon the same or gather fruits, cereals or other forest or farm products o Elements 78 68 98 :8 <8 There is ta"ing of personal property; The property ta"en belongs to another; The ta"ing was done with intent to gain; The ta"ing was done without the consent of the owner; The ta"ing is accomplished without the use of violence against or persons of force upon things

intimidation of

o I)*('='E4 T0E=T 5*rticle 97G/ o Theft is >ualified if: 78 68 98 :8 <8 F8 ommitted by a domestic servant; ommitted with grave abuse of confidence; The property stolen is a motor vehicle, mail matter, or large cattle; The property stolen consists of coconuts ta"en from the premises of a plantation; The property stolen is fish ta"en from a fishpond or fishery; or 'f property is ta"en on the occasion of fire, earth>ua"e, typhoon, volcanic eruption, or any other calamity, vehicular accident, or civil disturbance8

T0E=T %= T0E PR%PERT2 %= T0E $*T'%$*( ('&R*R2 *$4 $*T'%$*( M)+E)M 5*rticle 977/ o 'f the property stolen is any property of the $ational (ibrary or of the $ational Museum

)P*T'%$ %= RE*( PR%PERT2 %R )+)RP*T'%$ %= RE*( R'!0T+ '$ PR%PERT2 5*rticle 976/ o *cts punished: 78 Ta"ing possession of any real property belonging to another by means of violence against or intimidation of persons;

118 (^_^) ICY

68 )surping any real rights in property belonging to another by means of violence against or intimidation of persons8 o Elements 78 %ffender ta"es possession of any real property or usurps any real rights in property; 68 The real property or real rights belong to another; 98 Violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property; :8 There is intent to gain8 o )surpation under *rticle 976 is committed in the same way as robbery with violence or intimidation of persons8 The main difference is that in robbery, personal property is involved while in usurpation of real rights, it is real property 5People vs8 Eudge *lfeche, Euly 69, 7@@6/

*(TER'$! &%)$4*R'E+ %R (*$4M*RK+ 5*rticle 979/ o Elements: 78 There are boundary mar"s or monuments of towns, provinces, or estates, or any other mar"s intended to designate the boundaries of the same; 68 %ffender alters said boundary mar"s8

=R*)4)(E$T '$+%(VE$ 2 5*rticle 97:/ o Elements 78 %ffender is a debtor, that is, he has obligations due and payable; 68 0e absconds with his property; 98 There is pre-udice to his creditors8

+;'$4('$! M E+T*=* 5*rticle 97</ o Elements in general: 78 *ccused defrauded another by abuse of confidence or by means of deceit; and This covers the 9 different ways of committing estafa under *rticle 97<; thus, estafa is committed # 5a/ ;ith unfaithfulness or abuse of confidence; 5b/ &y means of false pretenses or fraudulent acts; or 5c/ Through fraudulent means The first form under 5a/ is "nown as estafa with abuse of confidence; and the second and third forms under 5b/ and 5c/ cover cover estafa by means of deceit

68 4amage or pre-udice capable of pecuniary estimation is caused to the offended party or third person o Elements of estafa with unfaithfulness of abuse of confidence under *rticle 97< 57/5a/: 78 %ffender has an onerous obligation to deliver something of value; 68 0e alters its substance, >uantity, or >uality; 98 4amage or pre-udice is caused to another8 o Elements of estafa under *rticle 97< 57/5b/: 78 Money, goods, or other personal property is received by the offender is trust, or on commission, or for administration, or under any other obligation involving the duty to ma"e delivery of, or to return, the same;

119 (^_^) ICY

68 There is misappropriation or conversion of such money or property by the offender, or denial on his part of such receipt; 98 +uch misappropriation or conversion or denial is to the pre-udice of another; and :8 There is a demand made by the offended party to the offender8 The :th element is $%T necessary when there is evidence of misappropriation of the goods by the defendant 5Tubb vs8 People, et al8, 7G7 Phil8 77:/

Elements of estafa under *rticle 97< 57/5c/: 78 The paper with the signature of the offended party is in blan"; 68 %ffended party delivered it to the offender; 98 *bove the signature of the offended party, a document is written by the offender without authority to do so; :8 The document so written creates a liability of, or causes damage to, the offended party or any third person

Elements of estafa by means of false pretenses or fraudulent acts under *rticle 97< 56/ *cts punished under *rticle 97< 56/5a/ 78 )sing fictitious name; 68 =alsely pretending to possess power, influence, >ualifications, credit, agency, business or imaginary transactions; or 98 &y means of other similar deceits8 *cts punished under *rticle 97< 56/5b/ 78 *ltering the >uality, fineness, or weight of anything pertaining to his art or business *cts punished under *rticle 97< 56/5c/ 78 Pretending to have bribed any government employee, without pre-udice to the action for calumny which the offended party may deem proper to bring against the offender *cts punished under *rticle 97< 56/5d/ 78 %ffender postdated a chec", or issued a chec" in payment of an obligation; 68 +uch postdating or issuing a chec" was done when the offender had no funds in the ban", or his funds deposited therein were $%T sufficient to cover the amount of the chec" 4istinction: Estafa under *rticle 97< 56/5d/, RP
*RT' (E 97< 56/5d/ There is criminal liability if the chec" is drawn for nonJpreJe,isting obligation 'f the chec" is drawn for a preJe,isting obligation, there is $% criminal liability rime against property # gravamen is the deceit employed 4eceit and damage are material Knowledge by the drawer of insufficient funds is $%T re>uired

property,

and violation of &P 66:

&P 66 There is criminal liability if the chec" is drawn for nonJpreJe,isting obligation 'f the chec" is drawn for a preJe,isting obligation, there is criminal liability rime against public interest # gravamen is the issuance of the chec"; hence, there is $% double -eopardy immaterial Knowledge by the drawer of insufficient funds is re>uired

*cts punished under paragraph 5e/ 78 =irst act:

120 (^_^) ICY

a8 %btaining food, refreshment, or accommodation at a hotel, restaurant, boarding house, lodging house, or apartment house; b8 ;ithout paying therefor; c8 ;ith intent to defraud the proprietor or manager 68 +econd act: a8 %btaining credit at any of the establishments; b8 )sing false pretense; 98 Third act:

inn,

a8 *bandoning or surreptitiously removing any part of his baggage in the establishment; b8 *fter obtaining credit, food, refreshment accommodation; c8 ;ithout paying o Estafa through any of the following fraudulent means under *rticle 97< 59/ )nder paragraph 5a/ 78 68 98 :8 %ffender induced the offended party to sign a document; 4eceit was employed to ma"e him sign the document; %ffended party personally signed the document; Pre-udice was caused8

)nder paragraph 5b/ 78 Resorting to some fraudulent practice to insure success in a gambling game;

)nder paragraph 5c/ 78 %ffender removed, concealed or destroyed; 68 *ny court record, office files, documents or any other papers; 98 ;ith intent to defraud another8

%T0ER =%RM+ %= +;'$4('$!: 5*rticle 97F/ o &y conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner of the same Elements: 78 There is an immovable, such as a parcel of land or a building; 68 %ffender who is $%T the owner represents himself as the owner thereof; 98 %ffender e,ecutes an act of ownership such as selling, leasing, encumbering or mortgaging the real property; :8 The act is made to the pre-udice the owner or a third person8 o &y disposing of real property as free from encumbrance, although such encumbrance be $%T recorded Elements 78 The thing disposed is a real property; 68 %ffender "new that the real property was encumbered, whether the encumbrance is recorded or not; 98 There must be e,press representation by offender that the real property is free from encumbrance; :8 The act of disposing of the real property is made to the damage of another8 o &y wrongfully ta"ing by the owner of his personal property from its lawful possessor

121 (^_^) ICY

Elements 78 %ffender is the owner of personal property; 2. +aid personal property is in the lawful possession of another; 98 %ffender wrongfully ta"es it from its lawful possessor; :8 Pre-udice is thereby caused to the possessor or third person8

o o o

&y e,ecuting any fictitious contract to the pre-udice of another &y accepting any compensation for services $%T rendered or for labor $%T performed &y selling, mortgaging or encumbering real property or properties with which the offender guaranteed the fulfillment of his obligation as surety Elements 78 68 98 :8 %ffender is a surety in a bond given in a criminal or civil action; 0e guaranteed the fulfillment of such obligation with his real propertyMies; 0e sells, mortgages, or in any manner encumbers said real property; +uch sale, mortgage or encumbrance is without e,press authority from the court, or made before the cancellation of his bond, or before being relieved from the obligation contracted by him8

+windling a M'$%R 5*rticle 97A/ o Elements 78 %ffender ta"es advantage of the ine,perience or emotions or feelings of a minor; 68 0e induces such minor to assume an obligation or to give release or to e,ecute a transfer of any property right; 98 The consideration is some loan of money, credit or other personal property; :8 The transaction is to the detriment of such minor8

%T0ER 4E E'T+ 5*rticle 97?/ o *cts punished 78 4efrauding or damaging another by any other deceit $%T mentioned in the preceding articles; 68 'nterpreting dreams, by ma"ing forecasts, by telling fortunes, or by ta"ing advantage or the credulity of the public in any other similar manner, for profit or gain8

Removal, sale, or pledge of mortgaged property 5*rticle 97@/ o *cts punished 78 Knowingly removing any personal property mortgaged under the hattel Mortgage law to any province or city other than the one in which it was located at the time of e,ecution of the mortgage, without the written consent of the mortgagee or his e,ecutors, administrators or assigns; Elements: a8 Personal property is mortgaged under the hattel Mortgage (aw; b8 %ffender "nows that such property is so mortgaged; c8 %ffender removes such mortgaged personal property to any province or city other than the one in which it was located at the time of the e,ecution of the mortgage; d8 The removal is permanent; e8 There is $% written consent of the mortgagee or his e,ecutors, administrators or assigns to such removal

122 (^_^) ICY

68 +elling or pledging personal property already pledged, or any part thereof, under the terms of the hattel Mortgage (aw, without the consent of the mortgagee written on the bac" of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located Elements: a8 Personal property is already pledged under the terms of the hattel Mortgage (aw; b8 %ffender, who is the mortgagor of such property, sells or pledges the same or any part thereof; c. There is $% consent of the mortgagee written on the bac" of the mortgage and noted on the record thereof in the office of the register of deeds M*(' '%)+ M'+ 0'E= 5*rticle 96A/ o Elements: 78 %ffender deliberately caused damage to the property of another; 68 +uch act does $%T constitute arson or other crimes involving destruction; 98 The act of damaging another1s property was committed merely for the sa"e of damaging it; o o There is destruction of the property of another but there is $% misappropriation %therwise, it would be theft if he gathers the effects of destruction *+E %= M*(' '%)+ M'+ 0'E= 5*rticle 96?/

+PE '*( o

*cts punished 78 ausing damage to obstruct the performance of public functions; 68 )sing any poisonous or corrosive substance; 98 +preading any infection or contagion among cattle; :8 ausing damage to the property of the $ational Museum or $ational (ibrary, or to any archive or registry, waterwor"s, road, promenade, or any other thing used in common by the public

%T0ER M'+ 0'E=+ 5*rticle 96@/ 4*M*!E *$4 %&+TR) T'%$ T% ME*$+ %= o

%MM)$' *T'%$ 5*rticle 99G/

4amaging any railway, telegraph or telephone lines M%$)ME$T+ or P*'$T'$!+ 5*rticle 997/

4E+TR%2'$! or 4*M*!'$! +T*T)E+, P)&(' o o

*ny person who shall destroyMdamage statues or any other useful or ornamental public monument *ny person who shall destroyMdamage any useful or ornamental painting of a p%,lic nature

a. An"i)/encin+ Law (P# 1812. and i"s I0ple0en"in+ R%les and Re+%la"ions (1. /encin+ (a. #e1ini"ion *ct of any person who, with intent to gain for himself or for another, shall: 78 &uy, receive, possess, "eep, ac>uire, conceal, sell or dispose of, or 68 &uy and sell, or in any other manner deal in any article, item, ob-ect or anything of value which he "nows, %R should be "nown to him, to have been derived from the proceeds of the crime of robbery or theft

123 (^_^) ICY

/ence: includes any person, firm, association, corporation or partnership or other organi3ation whoMwhich commits the act of fencing

(,. P!es%0p"ion o1 1encin+ (Sec"ion 9 P# 1812. Mere possession of any good, article, item, ob-ect, or anything of value which has been the sub-ect of robbery or thievery shall be prima facie evidence of fencing

(2. E$cep"ion (Sec"ion 8 P# 1812. (a. Wi"2 clea!ance o! pe!0i" "o sell *ll stores, establishments or entities dealing in the buy and sell of any good, article item, ob-ect of anything of value obtained from an %nlicensed dealer or supplier thereof, shall &E=%RE offering the same for sale to the public, secure the necessary clea!ance or pe!0i" from the station commander of the 'ntegrated $ational Police in the town or city where such store, establishment or entity is located *ny person who 1ails to secure the clearance or permit %R who viola"es any of the provisions of the rules and regulations promulgated shall upon conviction be punished as a =E$ E

,. &o%ncin+ C2ec's Law (&P 22. pl%s Ad0inis"!a"ive Ci!c%la! 12)2000 ReE Penal"- 1o! Ciola"ion o1 &P 22 and Ad0inis"!a"ive Ci!c%la!. 14)2001 ReE Cla!i1ica"ion o1 Ad0in Ci!c%la! 12)2000 o (1. P%nis2a,le ac"s hec"s without sufficient funds # *ny person who ma"es or draws and issues any chec" to apply on account or for value, "nowing at the time of issue that he does $%T have sufficient funds in or credit with the drawee ban" for the payment of such chec" in full upon its presentment, which chec" is subse>uently dishonored by the drawee ban" for insufficiency of funds or credit or would have been dishonored for the same reason had $%T the drawer, without any valid reason, ordered the ban" to stop payment *ny person who, having sufficient funds in or credit with the drawee ban" when he ma"es or draws and issues a chec", shall fail to "eep sufficient funds or to maintain a credit to cover the full amount of the chec" if presented within a period of @G days from the date appearing thereon, for which reason it is dishonored by the drawee ban" ;here the chec" is drawn by a corporation, company or entity, the person or persons who actually signed the chec" in behalf of such drawer

(2. Evidence o1 'nowled+e o1 ins%11icien" 1%nds (Sec"ion 2 P# 1812. The ma"ing, drawing and issuance of a chec" payment of which is refused by the drawee because of insufficient funds in or credit with such ban", when presented within @G days from the date of the chec", shall be prima facie evidence of "nowledge of such insufficiency of funds or credit )$(E++ such ma"er or drawer pays the holder thereof the amount due thereon, or ma"es arrangements for payment in full by the drawee of such chec" within < ban"ing days after receiving notice that such chec" has $%T been paid by the drawee ircular 79J6GG7/

(4. P!e1e!ence o1 i0posi"ion o1 1ine 5*dmin

124 (^_^) ICY

*dministrative ircular 76J6GGG establishes a rule of preference in the application of the penal provisions of &P 66 such that where the circumstances of both the offense and the offender clearly indicate good faith or a clear mista"e of fact without taint of negligence, the imposition of a fine alone should be considered as the more appropriate penalty $eedless to say, the determination of whether the circumstances warrant the imposition of a fine alone rests solely upon the Eudge8 +hould the Eudge decide that imprisonment is the more appropriate penalty, *dministrative ircular 76J6GGG ought $%T be deemed a hindrance *dministrative ircular 76J6GGG does $%T remove imprisonment as an alternative penalty for violations of &P 66 The Eudges concerned may, in the e,ercise of sound discretion, and ta"ing into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of -ustice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, wor" violence on the social order, or otherwise be contrary to the imperatives of -ustice +hould only a fine be imposed and the accused be unable to pay the fine, there is $% legal obstacle to the application of the RP provision son subsidiary imprisonment

c. An"i)Ca!nappin+ Ac" o1 1*B2 (RA 894*. (1. #e1ini"ion o1 "e!0s Ca!nappin+: ta"ing, with intent to gain, of a motor vehicle belonging to another without the latterSs consent, or by means of violence against or intimidation of persons, or by using force upon things Mo"o! ve2icle: any vehicle propelled by any power other than muscular power using the public highways but E. EPT'$! roadrollers, trolley cars, streetJsweepers, sprin"lers, lawn mowers, bulldo3ers, graders, for"Jlifts, amphibian truc"s, and cranes if $%T used on public highways, vehicles, which run only on rails or trac"s, and tractors, trailers and traction engines of all "inds used e,clusively for agricultural purposes Trailers having any number of wheels, when propelled or intended to be propelled by attachment to a motor vehicle, shall be classified as separate motor vehicle with $% power rating

I#e1acin+ o! "a0pe!in+ wi"2J a se!ial n%0,e!: erasing, scratching, altering or changing of the original factoryJinscribed serial number on the motor vehicle engine, engine bloc" or chassis of any motor vehicle8 ;henever any motor vehicle is found to have a serial number on its motor engine, engine bloc" or chassis which is different from that which is listed in the records of the &ureau of ustoms for motor vehicles imported into the Philippines, that motor vehicle shall be considered to have a defaced or tampered with serial number Repain"in+: changing the color of a motor vehicle by means of painting # there is repainting whenever the new color of a motor vehicle is different from its color as registered in the (and Transportation ommission 5(T%/ &od-),%ildin+: a -ob underta"en on a motor vehicle in order to replace its entire body with a new body Re0odelin+: introduction of some changes in the shape or form of the body of the motor vehicle #is0an"lin+: tearing apart, piece by piece or part by part, of a motor vehicle Ove!2a%lin+: cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle

(2. Re+is"!a"ion Registration of motor vehicle engine, engine bloc" and chassis 5+ection 9/

125 (^_^) ICY

;ithin 7 year after the approval of R* F<9@ 5approved *ugust 6F, 7@A6/, every owner or possessor of unregistered motor vehicle or parts thereof in "noc" down condition shall register with (T% the motor vehicle engine, engine bloc" and chassis in his name or in the name of the real owner who shall be readily available to answer any claim over the registered motor vehicle engine, engine bloc" or chassis Thereafter, all motor vehicle engines, engine bloc"s and chassis $%T registered with (T% shall be considered as %n"a$ed i0po!"a"ion or coming from an ille+al so%!ce or ca!napped, and shall be confiscated in favor of the !overnment *ll owners of motor vehicles in all cities and municipalities are re>uired to register their cars with the local police without paying any charges

Permanent registry of motor vehicle engines, engine bloc"s and chassis 5+ection :/ (T% shall "eep a permanent registry of motor vehicle engines, engine bloc"s and chassis of all motor vehicles, specifying therein their type, ma"e and serial numbers and stating therein the names and addresses of their present and previous owners opies of the registry and of all entries made thereon shall be furnished the Philippine onstabulary and all (T% regional, provincial and city branch offices: Provided, That all (T% regional, provincial and city branch offices are li"ewise obliged to furnish copies of all registration of motor vehicles to the main office and to the Philippine onstabulary

Registration of sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine bloc" or chassis 5+ection </ Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine bloc" or chassis of a motor vehicle shall be registered with (T% Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines, engine bloc"s and chassis $%T registered with (T% shall $%T be issued certificates of registration and shall be considered as %n"a$ed imported motor vehicles %R motor vehicles ca!napped %R proceeding from ille+al so%!ces

%riginal Registration of motor vehicles 5+ection F/ *ny person see"ing the original registration of a motor vehicle, whether that motor vehicle is newly assembled or rebuilt or ac>uired from a registered owner, shall within 7 wee" after the completion of the assembly or rebuilding -ob or the ac>uisition thereof from the registered owner, apply to Philippine onstabulary for clearance of the motor vehicle for registration with (T% The Philippine onstabulary shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts 'f the motor vehicle or any of its numbered parts is $%T in that list, the Philippine onstabulary shall forthwith issue a certificate of clearance )pon presentation of the certificate of clearance from the Philippine onstabulary and after verification of registration of the motor vehicle engine, engine bloc" and chassis in the permanent registry of motor vehicle engines, engine bloc"s and chassis, the (T% shall register the motor vehicle in accordance with e,isting laws, rules and regulations

(4. W2o a!e lia,le (Sec"ion 14 RA 894*. 'f the person violating any provision is a -uridical person, the penalty provided shall be imposed on its president or secretary andMor members of the board of directors or any of its officers and employees who may have directly participated in the violation *ny government official or employee who directly commits the unlawful acts or is guilty of gross negligence of duty or connives with or permits the commission of any of the said unlawful act shall, in addition to the penalty prescribed, be dis0issed

126 (^_^) ICY

from the service with pre-udice to his reinstatement and with dis>ualification from voting or being voted for in any election and from appointment to any public office (a. #%"- o1 collec"o! o1 c%s"o0s (Sec"ion B. 4uty of ollector of ustoms to report a!!ival of imported motor vehicle, etc8

The ollector of ustoms of a principal port of entry where an imported motor vehicle, motor vehicle engine, engine bloc" chassis or body is unloaded, shall, within A days after the arrival of the imported motor vehicle or any of its parts, ma"e a report of the shipment to (T%, specifying the ma"e, type and serial numbers, if any, of the motor vehicle engine, engine bloc" and chassis or body, and stating the names and addresses of the owner or consignee thereof8 'f the motor vehicle engine, engine bloc", chassis or body does $%T bear any serial number, the ollector of ustoms concerned shall hold the motor vehicle engine, engine bloc", chassis or body until it is numbered by the (T%

(,. #%"- o1 i0po!"e!s dis"!i,%"o!s and selle!s (Sec"ion ?. 4uty of importers, distributors and sellers of motor vehicles to "eep record of stoc"s *ny person engaged in the importation, distribution, and buying and selling of motor vehicles, motor vehicle engines, engine bloc"s, chassis or body, shall "eep a pe!0anen" record of his stoc"s, stating therein their type, ma"e and serial numbers, and the names and addresses of the persons from whom they were ac>uired and the names and addresses of the persons to whom they were sold, and shall render an accurate monthly report of his transactions in motor vehicles to the (T%

(c. Clea!ance and pe!0i" learance and permit re>uired for assembly or rebuilding of motor vehicles 5+ection 7G/ # *ny person who shall underta"e to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle shall first secure a ce!"i1ica"e o1 clea!ance from the Philippine onstabulary $% such permit shall be issued )$(E++ the applicant shall present a statement under oath containing the type, ma"e and serial numbers of the engine, chassis and body, if any, and the complete list of the spare parts of the motor vehicle to be assembled or rebuilt together with the names and addresses of the sources thereof 'n case of motor vehicle engines to be mounted on motor boats, motor bancas and other light water vessels, the applicant shall secure a permit from the Philippine oast !uard, which office shall in turn furnish the (T% the pertinent data concerning the motor vehicle engines including their type, ma"e and serial numbers

learance re>uired for shipment of motor vehicles, motor vehicle engines, engine bloc"s, chassis or body 5+ection 77/ *ny person who owns or operates interJisland shipping or any water transportation with launches, boats, vessels or ships shall within A days submit a report to the Philippine onstabulary on all motor vehicle, motor vehicle engines, engine bloc"s, chassis or bodies transported by it for the motor vehicle, motor vehicle engine, engine bloc", chassis or body to be loaded on board the launch, boat vessel or ship

127 (^_^) ICY

(7. P%nis2a,le ac"s 4efacing or tampering with serial numbers of motor vehicle engines, engine bloc"s and chassis 5+ection 76/ Ca!nappin+: ta"ing, with intent to gain, of a motor vehicle belonging to another without the latterSs consent, or by means of violence against or intimidation of persons, or by using force upon things 5+ection 7:/ a8 ;hen the carnapping is committed without violence or intimidation of persons, or force upon things; b8 ;hen the carnapping is committed by means of violence against or intimidation of any person, or force upon things; and c8 ;hen the owner, driver or occupant of the carnapped motor vehicle is "illed in the commission of the carnapping d. :%0an Sec%!i"- Ac" o1 200B (R.A. *4B2. (1. P%nis2a,le ac"s o1 "e!!o!is0

Terrorism # any person who commits an act punishable under following provisions of the RP or under the following special laws

any

of

the

thereby sowing and creating a condition of widespread and e,traordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand shall be guilty of the crime of terrorism 69 5+ection 9, R* @9A6/: RP *rticle 766 5Piracy in !eneral and Mutiny in the 0igh +eas or in the Philippine ;aters/; *rticle 79: 5Rebellion or 'nsurrection/; *rticle 79:Ja 5 oup dS Etat/, including acts committed by private persons; *rticle 6:? 5Murder/; *rticle 6FA 5Kidnapping and +erious 'llegal 4etention/; *rticle 96: 5 rimes 'nvolving 4estruction/ +PE '*( (*;+ 78 P4 7F79 5The (aw on *rson/; 68 R* F@F@ 5To,ic +ubstances and 0a3ardous and $uclear ;aste ontrol *ct of 7@@G/; 98 R* <6GA 5*tomic Energy Regulatory and (iability *ct of 7@F?/; :8 R* F69< 5*ntiJ0i-ac"ing (aw/; <8 P4 <96 5*ntiJPiracy and *ntiJ0ighway Robbery (aw of 7@A:/; and F8 P4 7?FF, as amended 54ecree odifying the (aws on 'llegal and )nlawful Possession, Manufacture, 4ealing in, *c>uisition or 4isposition of =irearms, *mmunitions or E,plosives/

78 68 98 :8 <8 F8

onspiracy to commit terrorism # there is conspiracy when 6 or more persons come to an agreement concerning the commission of the crime of terrorism and decide to commit the same 5+ection :/ *ccomplice # any person who, $%T being a principal 5*rticle 7A, RP / or a conspirator 5+ection :, R* @9A6/, cooperates in the e,ecution of either the crime of terrorism or conspiracy to commit terrorism by previous or simultaneous acts 5+ection </ *ccessory # any person who, having "nowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, and without having participated therein, either as principal or accomplice 5*rticles 7A and 7?, RP /, ta"es part subse>uent to its commission in any of the following manner: 5+ection F/ a8 &y profiting himself or assisting the offender to profit by the effects of the crime; b8 &y concealing or destroying the body of the crime, or the effects, or instruments thereof, in order to prevent its discovery; c8 &y harboring, concealing, or assisting in the escape of the principal or conspirator of the crime $otwithstanding above paragraph, the penalties prescribed for accessories shall $%T be imposed upon those who are such with respect to their spouses, ascendants, descendants, legitimate, natural, and adopted brothers and

23

-ena&ty of ;D year! of i 3ri!on ent, #it$out t$e (enefit of 3aro&e a! 3rovi%e% for un%er Act ;1D3 : In%eter inate Sentence 1a#, a! a en%e%=

128 (^_^) ICY

sisters, or relatives by affinity within the same degrees, E. EPT accessories falling within the provisions of subparagraph 5a/ e. An"i)A!son Law (P# 1814. (1. P%nis2a,le ac"s *rson 5+ection 7, P4 7F79/ # *ny person who burns or sets fire to the property of another *ny person sets fire to his own property under circumstances which e,pose to danger the life or property of another

4estructive *rson 5+ection 6/ # if the property burned is any of the following: a8 *ny ammunition factory and other establishment where e,plosives, inflammable or combustible materials are stored b8 *ny archive, museum, whether public or private, or any edifice devoted to culture, education or social services c8 *ny church or place of worship or other building where people usually assemble d8 *ny train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or property e8 *ny building where evidence is "ept for use in any legislative, -udicial, administrative or other official proceedings f8 *ny hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private mar"et, theater or movie house or any similar place or building g8 *ny building, whether used as a dwelling or not, situated in a populated or congested area

%ther

ases of *rson 5+ection 9/ # if the property burned is any of the following:

a8 *ny building used as offices of the government or any of its agencies; b8 *ny inhabited house or dwelling; c8 *ny industrial establishment, shipyard, oil well or mine shaft, platform or tunnel; d8 *ny plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest; e8 *ny rice mill, sugar mill, cane mill or mill central; and f8 *ny railway or bus station, airport, wharf or warehouse +pecial *ggravating ircumstances in *rson 5+ection :/

a8 'f committed with intent to gain; b8 'f committed for the benefit of another; c8 'f the offender is motivated by spite or hatred towards the owner or occupant of the property burned; d8 'f committed by a syndicate8 The offense is committed by a syndicate if it is planned or carried out by a group of 9 or more persons

Prima =acie evidence of *rson # *ny of the following circumstances shall constitute prima facie evidence of arson: 5+ection F/ a8 =ire started simultaneously in M%RE than 7 part of the buildingMestablishment b8 +ubstantial amount of flammable substances or materials are stored within the building $%T necessary in the business of the offender $%R for household use c8 !asoline, "erosene, petroleum or other flammable or combustible substances or materials soa"ed therewith or containers thereof, or any mechanical, electrical,

129 (^_^) ICY

chemical, or electronic contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of the burned building or property d8 'f the building or property is insured for substantially M%RE than its actual value at the time of the issuance of the policy e8 'f during the lifetime of the corresponding fire insurance policy more than 6 fires have occurred in the same or other premises owned or under the control of the offender andMor insured f8 'f shortly before the fire, a substantial portion of the effects insured and stored in a building or property had been withdrawn from the premises E. EPT in the ordinary course of business g8 'f a demand for money or other valuable consideration was made before the fire in e,change for the desistance of the offender or for the safety of the person or property of the victim onspiracy to commit *rson 5+ection A/

11. C!i0es A+ains" C2as"i"- (444)447 448)478.@ in addi"ionE PR'V*TE R'ME+ # adultery, concubinage, seduction, abduction and acts of lasciviousness

*$$%T be prosecuted E. EPT upon the complaint initiated by the offended party The law regards the privacy of the offended party here as more important than the disturbance to the order of society The law gives the offended party the preference whether to sue or not to sue &)T the moment the offended party has initiated the criminal complaint, the public prosecutor will ta"e over and continue with prosecution of the offender )nder *rticle 9::, if the offended party pardons the offender, that pardon will only be valid if it comes before the prosecution starts The moment the prosecution starts, the crime has already become public and it is beyond the offended party to pardon the offender

*4)(TER2 5*rticle 999/ o Elements: 78 The woman is married; 68 +he has se,ual intercourse with a man $%T her husband; 98 *s regards the man with whom she has se,ual intercourse, he must 'now her to be 0a!!ied o o o =or adultery to e,ist, there must be a marriage although it be subse>uently annulled8 There is $% adultery, if the marriage is void from the beginning8 *dultery is an instantaneous crime which is consummated and completed at the moment of the carnal union Each se,ual intercourse constitutes a crime of adultery # *dultery is $%T a continuing crime unli"e concubinage

%$ )&'$*!E 5*rticle 99:/ o *cts punished: 78 Keeping a mistress in the con-ugal dwelling; 68 0aving se,ual intercourse, under scandalous circumstances; 98 ohabiting with her in any other place8 o Elements 78 The man is married; 68 0e is either # a8 Keeping a mistress in the con-ugal dwelling;

130 (^_^) ICY

b8 0aving se,ual intercourse under scandalous circumstances with a woman who is $%T his wife; or c8 ohabiting with a woman who is $%T his wife in any other place; 98 *s regards the woman, she "nows that the man is married o * T+ %= (*+ 'V'%)+$E++ 5*rticle 99F/ o Elements 78 %ffender commits any act of lasciviousness or lewdness; 68 't is done under any of the following circumstances: a8 &y using force or intimidation; b8 ;hen the offended party is deprived or reason of otherwise unconscious; or c8 ;hen the offended party is another person of either se, o 6 "inds of acts of lasciviousness under RP : 57/ under *rticle 99F, and 56/ under *rticle 99@
*cts of (asciviousness 5*rticle 99F/ %ffended party may be a man or a woman The crime committed, when the act performed with lewd desi+n was perpetrated under circumstances which would have brought about the crime of rape if se,ual intercourse was effected, is acts of lasciviousness under *rticle 99F %ffended party is either under 76 years of age %R being over 76 years of age, the lascivious acts were committed on him or her through violence or intimidation, or while the offender party was deprived of reason, or otherwise unconscious *cts of (asciviousness with the onsent of the %ffended Party 5*rticle 99@/ Victim is limited only to a woman The circumstances under which the lascivious acts were committed must be that of >ualified seduction or simple seduction # 78 %ffender too" advantage of his position of ascendancy over the offended woman either because he is a person in authority, a domestic, a househelp, a priest, a teacher or a guardian, %R There was a deceitful promise of marriage which never would really be fulfilled

68

There is $% frustration of acts of lasciviousness, rape or adultery because no matter how far the offender may have gone towards the reali3ation of his purpose, if his participation amounts to performing all the acts of e,ecution, the felony is necessarily produced as a conse>uence thereof 'ntent to rape is $%T a necessary element of the crime of acts of lasciviousness # otherwise, there would be $% crime of attempted rape

I)*('='E4 +E4) T'%$ 5*rticle 99?/ o *cts punished 78 +eduction of a virgin over 76 years and under 7? years of age by certain persons, such as a person in authority, priest, teacher; and Elements: 5a/ %ffended party is a virgin, which is presumed if she is unmarried and of good reputation; 5b/ +he is over 76 and under 7? years of age; 5c/ %ffender has se,ual intercourse with her; 5d/ There is abuse of authority, confidence or relationship on the part of the offender

131 (^_^) ICY

68 +eduction of a sister by her brother, or descendant by her ascendant, regardless of her age or reputation o Person liable 78 Those who abused their authority # a/ b/ c/ d/ Person in public authority; !uardian; Teacher; Person who, in any capacity, is entrusted with the education or custody of the woman seduced;

68 Those who abused confidence reposed in them # a/ Priest; b/ 0ouse servant; c/ 4omestic; 98 Those who abused their relationship # a/ &rother who seduced his sister; b/ *scendant who seduced his descendant o o o This crime also involves se,ual intercourse # offended woman must be 79 to 7? years =or purposes of >ualified seduction, virginity does $%T mean physical virginity # sufficient that the offended party has $%T had any e,perience before 'f the offended party is a descendan" or a sis"e! of the offender # no matter how old she is or whether she is a prostitute # the crime of >ualified seduction is committed
+'MP(E +E4) T'%$ Virginity is $%T necessary # enough that she is of good repute

I)*('='E4 +E4) T'%$ ;oman is a virgin

+'MP(E +E4) T'%$ 5*rticle 99?/ o Elements: 78 68 98 :8 o %ffended party is over 76 and under 7? years of age; +he is of good reputation, single or widow; %ffender has se,ual intercourse with her; 't is committed by means of deceit

This crime is committed if the offended woman is single or a widow of good reputation, over 76 and under 7? years of age, the offender has carnal "nowledge of her, and the offender resorted to deceit to be able to consummate the se,ual intercourse with her %ffended woman is (E++ than 76 years old P +T*T)T%R2 R*PE %$+E$T %= T0E %==E$4E4 P*RT2 5*rticle 99@/

* T+ %= (*+ 'V'%)+$E++ ;'T0 o Elements:

78 %ffender commits acts of lasciviousness or lewdness; 68 The acts are committed upon a woman who is a virgin or single or widow of good reputation, under 7? years of age but over 76 years, %R a sister or descendant, regardless of her reputation or age; 98 %ffender accomplishes the acts by abuse of authority, confidence, relationship, or deceit o %RR)PT'%$ %= M'$%R+ 5*rticle 9:G/

132 (^_^) ICY

o o o

*ny person who shall promote or facilitate the prostitution or corruption of persons under age to satisfy the lust of another 't is $%T re>uired that the offender be the guardian or custodian of the minor 't is $%T necessary that the minor be prostituted or corrupted as the law merely punishes the act of promoting or facilitating the prostitution or corruption of said minor and that he acted in order to satisfy the lust of another

;0'TE +(*VE TR*4E 5*rticle 9:7/ o *cts punished: 78 Engaging in the business of prostitution; 68 Profiting by prostitution; 98 Enlisting the services of women for the purpose of prostitution

=%R '&(E *&4) T'%$ 5*rticle 9:6/ o Elements: 78 The person abducted is any woman, regardless or her age, civil status, or reputation; 68 The abduction is against her will; 98 The abduction is with lewd designs8 o o * woman is carried against her will or brought from one place to another against her will with lewd design 4istinction between forcible abduction and illegaldetention:
=%R '&(E *&4) T'%$ ;oman is "idnapped with lewd or unchaste designs '((E!*( 4ETE$T'%$ Kidnapping is without lewd designs

%ffended party was forcibly ta"en to the house of the defendant to coerce her to marry him P '((E!*( 4ETE$T'%$

%$+E$TE4 *&4) T'%$ 5*rticle 9:9/ o Elements 78 68 98 :8 o %ffended party is a virgin; +he is over 76 and under 7? years of age; %ffender ta"es her away with her consent, after solicitation or ca-olery; The ta"ing away is with lewd designs

The crimes of adultery and concubinage shall be prosecuted %$(2 upon a complaint filed by the o11ended spo%se 5see *rticle 9::/ %ffended party *$$%T institute criminal prosecution:

78 ;ithout including both the guilty parties, if they are both alive, 68 'f he shall have consented or pardoned the offenders +eduction, abduction, rape or acts of lasciviousness, shall $%T be prosecuted: 78 E. EPT upon a complaint filed by the offended party or her parents, grandparents, or guardian 68 'f the offender has been e,pressly pardoned by the above named persons 'n cases of seduction, abduction, acts of lasciviousness and rape, the 0a!!ia+e of the offender with the offended party shall E.T'$!)'+0 the criminal action or remit the penalty already imposed upon him

133 (^_^) ICY

*pplicable to the coJprincipals, mentioned crimes

accomplices and accessories after the fact of the aboveJ

Person guilty of rape, seduction or abduction, shall also be sentenced: 5*rticle 9:</ 78 To indemnify the offended woman 68 To ac"nowledge the offspring, )$(E++ the law should prevent him from so doing 98 'n every case to support the offspring The adulterer and the concubine 5*rticles 999 and 99:/ may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse

The ascendants, guardians, curators, teachers and any person who, by abuse of authority or confidential relationships, shall cooperate as accomplices in the perpetration of the following crimes shall be punished as p!incipals: 5*rticle 9:F/ 78 68 98 :8 <8 F8 A8 ?8 Rape *cts of lasciviousness Iualified seduction +imple seduction orruption of Minors ;hite slave trade =orcible abduction onsented abduction Teachers or other persons in any other capacity entrusted with the education and guidance of youth, shall also suffer the penalty of temporary special dis>ualification in its ma,imum period to perpetual special dis>ualification8 *ny person falling within the terms of this article, and any other person guilty of corruption of minors for the benefit of another, shall be punished by special dis>ualification from filling the office of guardian

a. An"i)P2o"o and Cideo Co-e%!is0 Ac" o1 200* (RA ***9. (1. P%nis2a,le ac"s (Sec"ion 7. 't is hereby prohibited and declared unlawful for any person: To # a/ Ta"e photo or video coverage of a person or group of persons performing se,ual act or any similar activity or to capture an image of the private area of a personMs such as the na"ed or undergarment clad genitals, pubic area, buttoc"s or female breast ;'T0%)T the consent of the personMs involved and under circumstances in which the personMs hasMhave a reasonable e,pectation of privacy; b/ opy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of se,ual act or any similar activity with or without consideration; c/ +ell or distribute, or cause to be sold or distributed, such photo or video or recording of se,ual act, whether it be the original copy or reproduction thereof; or d/ Publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or e,hibit the photo or video coverage or recordings of such se,ual act or any similar activity through V 4M4V4, internet, cellular phones and other similar means or device The prohibition under paragraphs 5b/, 5c/ and 5d/ shall apply notwithstanding that consent to record or ta"e photo or video coverage of the same was given by such personMs *ny person who violates this provision shall be liable for photo or video voyeurism

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P2o"o o! video vo-e%!is0: 5+ection 9BdC/ a/ *ct of ta"ing photo or video coverage of a person or group of persons performing se,ual act or any similar activity or of capturing an image of the private area of a personMs ;'T0%)T the latterSs consent, under circumstances in which such personMs hasMhave a reasonable e,pectation of privacy, or b/ *ct of selling, copying, reproducing, broadcasting, sharing, showing or e,hibiting the photo or video coverage or recordings of such se,ual act or similar activity through V 4M4V4, internet, cellular phones and similar means or device ;'T0%)T the written consent of the personMs involved, notwithstanding that consent to record or ta"e photo or video coverage of same was given by such personSs

,. Special P!o"ec"ion o1 C2ild!en A+ains" C2ild A,%se E$ploi"a"ion and #isc!i0ina"ion Ac" (R.A. B810 as a0ended. (1. C2ild p!os"i"%"ion and o"2e! ac"s o1 a,%se hild Prostitution and %ther +e,ual *buse # hildren, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in se,ual intercourse or lascivious conduct, are deemed to be children e,ploited in prostitution and other se,ual abuse (a. P%nis2a,le ac"s Those who: 5+ection </ a/ Engage in or promote, facilitate or induce child prostitution which include, but are $%T limited to, the following: 78 *cting as a procurer of a child prostitute; 68 'nducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means; 98 Ta"ing advantage of influence or relationship to procure a child as prostitute; :8 Threatening or using violence towards a child to engage him as a prostitute; or <8 !iving monetary consideration goods or other pecuniary benefit to a child with intent to engage such child in prostitution b/ ommit the act of se,ual intercourse of lascivious conduct with a child e,ploited in prostitution or sub-ect to other se,ual abuse; ;hen the victims is under 76 years of age, the perpetrators shall be prosecuted under *rticle 99< 59/, for rape and *rticle 99F, RP , for rape or lascivious conduct Penalty for lascivious conduct when victim is under 76 years of age shall be reclusion temporal in its medium period; and

c/ Those who derive profit or advantage therefrom, whether as manager or owner of the establishment where the prostitution ta"es place, or of the sauna, disco, bar, resort, place of entertainment or establishment serving as a cover or which engages in prostitution in addition to the activity for which the license has been issued to said establishment *ttempt To ommit hild Prostitution8 # There is an attempt to commit child prostitution under 5+ection F/

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+ection < 5a/ # when any person who, $%T being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be e,ploited in prostitution and other se,ual abuse +ection < 5b/ # when any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments

(,. Co0pa!e p!osec%"ion 1o! Ac"s o1 Lascivio%sness %nde! A!". 488 RPC and RA B810 as a0ended *cts of lasciviousness # any person who shall commit any act of lasciviousness upon other persons of either se, N shall be punished by prision correccional The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed to # Those who commit the act of se,ual intercourse or lascivious conduct with a child e,ploited in prostitution or sub-ect to other se,ual abuse; Provided, That 78 ;hen the victims is under 76 years of age, the perpetrators shall be prosecuted under *rticle 99< 59/, for rape and *rticle 99F, for rape or lascivious conduct, as the case may be 68 The penalty for lascivious conduct when the victim is under 76 years of age shall be reclusion temporal in its medium period (2. O,scene P%,lica"ions and indecen" s2ows (Sec"ion *. 'f the child used as a performer, sub-ect or sellerMdistributor is &E(%; 76 years of age, the penalty shall be imposed in its ma,imum period (a. P%nis2a,le ac"s *ny person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene e,hibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials *ny ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause andMor allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prision mayor in its medium period

c. An"i)T!a11ic'in+ in Pe!sons Ac" o1 2004 (RA *20?. (1. P%nis2a,le ac"s *cts of Traffic"ing in Persons8 't shall be unlawful for any person, natural or -uridical, to commit any of the following acts: To # 5+ection :/ a/ Recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the prete,t of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; b/ 'ntroduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under R* F@<<, any =ilipino woman to a foreign national, for marriage for the purpose of ac>uiring, buying, offering, selling or trading himMher to engage in prostitution,

136 (^_^) ICY

c/

d/ e/ f/ g/ h/

pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; %ffer or contract marriage, real or simulated, for the purpose of ac>uiring, buying, offering, selling, or trading them to engage in prostitution, pornography, se,ual e,ploitation, forced labor or slavery, involuntary servitude or debt bondage; )nderta"e or organi3e tours and travel plans consisting of tourism pac"ages or activities for the purpose of utili3ing and offering persons for prostitution, pornography or se,ual e,ploitation; Maintain or hire a person to engage in prostitution or pornography; *dopt or facilitate the adoption of persons for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; Recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and Recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad

*cts that Promote Traffic"ing in Persons # The following acts which promote or facilitate traffic"ing in persons, shall be unlawful: To # 5+ection </ a/ Knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting traffic"ing in persons; b/ Produce, print and issue or distribute unissued, tampered or fa"e counseling certificates, registration stic"ers and certificates of any government agency which issues these certificates and stic"ers as proof of compliance with government regulatory and preJdeparture re>uirements for the purpose of promoting traffic"ing in persons; c/ *dvertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes traffic"ing in persons; d/ *ssist in the conduct of misrepresentation or fraud for purposes of facilitating the ac>uisition of clearances and necessary e,it documents from government agencies that are mandated to provide preJdeparture registration and services for departing persons for the purpose of promoting traffic"ing in persons; e/ =acilitate, assist or help in the e,it and entry of persons fromMto the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting traffic"ing in persons; f/ onfiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of traffic"ed persons in furtherance of traffic"ing or to prevent them from leaving the country or see"ing redress from the government or appropriate agencies; and g/ Knowingly benefit from, financial or otherwise, or ma"e use of, the labor or services of a person held to a condition of involuntary servitude, forced labor, or slavery

Iualified Traffic"ing in Persons # The following are considered as >ualified traffic"ing: 5+ection F/ 78 Traffic"ed person is a child; 2. *doption is effected through R* ?G:9 5'nterJ ountry *doption *ct of 7@@</ and said adoption is for the purpose of prostitution, pornography, se,ual e,ploitation, forced labor, slavery, involuntary servitude or debt bondage; 98 The crime is committed by a syndicate, or in large scale Traffic"ing is deemed committed by a s-ndica"e if carried out by a group of 9 or more persons conspiring or confederating with one another 't is deemed committed in la!+e scale if committed against 9 or more persons, individually or as a group;

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:8 %ffender is an ascendant, parent, sibling, guardian or a person who e,ercises authority over the traffic"ed person or when the offense is committed by a public officer or employee; <8 Traffic"ed person is recruited to engage in prostitution with any member of the military or law enforcement agencies; F8 %ffender is a member of the military or law enforcement agencies; and A8 &y reason or on occasion of the act of traffic"ing in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with 0uman 'mmunodeficiency Virus 50'V/ or the *c>uired 'mmune 4eficiency +yndrome 5*'4+/ d. An"i)Ciolence a+ains" Wo0en and "2ei! C2ild!en Ac" o1 2007 (RA *282. (1. P%nis2a,le ac"s (Sec"ion 9. The crime of violence against women and their children is committed through any of the following acts: a/ b/ c/ d/ e/ ausing physical harm to the woman or her child; Threatening to cause the woman or her child physical harm; *ttempting to cause the woman or her child physical harm; Placing the woman or her child in fear of imminent physical harm; *ttempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the womanSs or her childSs freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child This shall include, but $%T limited to, the following acts committed with the p%!pose o! e11ec" of con"!ollin+ o! !es"!ic"in+ "2e wo0anKs o! 2e! c2ildKs 0ove0en" o! cond%c": 78 Threatening to deprive or actually depriving the woman or her child of custody to herMhis family; 68 4epriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the womanSs children insufficient financial support; 98 4epriving or threatening to deprive the woman or her child of a legal right; :8 Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victimSs own money or properties, or solely controlling the con-ugal or common money, or properties; f/ 'nflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions; g/ ausing or attempting to cause the woman or her child to engage in any se,ual activity which does $%T constitute rape, by force or threat of force, physical harm, or through intimidation directed against the woman or her child or herMhis immediate family; h/ Engaging in purposeful, "nowing, or rec"less conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child8 This shall include, but not be limited to, the following acts: 78 +tal"ing places; or following the woman or her child in public or private

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68 Peering in the window or lingering outside the residence of the woman or her child; 98 Entering or remaining in the dwelling or on the property of the woman or her child against herMhis will; :8 4estroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; and <8 Engaging in any form of harassment or violence; i/ ausing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but $%T limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the womanSs childMchildren

e. An"i)Se$%al :a!ass0en" Ac" o1 1**9 (RA B?BB. o ommitted by any person having authority, influence or moral ascendancy over another in a wor", training or education environment when he or she demands, re>uests, or otherwise re>uires any se,ual favor from the other regardless of whether the demand, re>uest or re>uirement for submission is accepted by the ob-ect of the said act 5for a passing grade, or granting of scholarship or honors, or payment of a stipend, allowances, benefits, considerations; favorable compensation terms, conditions, promotions or when the refusal to do so results in a detrimental conse>uence for the victim/8 *lso holds liable any person who directs or induces another to commit any act of se,ual harassment, or who cooperates in the commission, the head of the office, educational or training institution solidarily8 omplaints to be handled by a committee on decorum, which shall be determined by rules and regulations on such8 *dministrative sanctions shall $%T be a bar to prosecution in the proper courts for unlawful acts of se,ual harassment8 (1. P%nis2a,le ac"s ;or", Education or TrainingJRelated +e,ual 0arassment 4efined J Wo!' ed%ca"ion o! "!ainin+)!ela"ed se$%al 2a!ass0en" is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who, having a%"2o!i"-, in1l%ence or 0o!al ascendanc- over another in a wor" or training or education environment, demands, re>uests or otherwise re>uires any se,ual favor from the other, regardless of whether the demand, re>uest or re>uirement for submission is accepted by the ob-ect of said act 5a/ 'n a wor"Jrelated or employment environment, se,ual harassment is committed when: 78 The se,ual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the se,ual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; 68 *bove acts would impair the employeeSs rights or privileges under e,isting labor laws; or 98 *bove acts would result in an intimidating, hostile, or offensive environment for the employee 5b/ 'n an education or training environment, se,ual harassment is committed: 78 *gainst one who is under the care, custody or supervision of the offender; 68 *gainst one whose education, training, apprenticeship or tutorship is entrusted to the offender;

o o

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98 ;hen the se,ual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or consideration; or :8 ;hen the se,ual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice *ny person who di!ec"s or ind%ces another to commit any act of se,ual harassment, %R who coope!a"es in the commission thereof by another without which it would $%T have been committed, shall also be held liable

12. C!i0es A+ains" Civil S"a"%s (47B)492. +'M)(*T'%$ %= &'RT0+, +)&+T'T)T'%$ %= %$E 0'(4 =%R *$%T0ER *$4 *&*$4%$ME$T %= * (E!'T'M*TE 0'(4 5*rticle 9:A/ o *cts punished: 78 +imulation of births; 68 +ubstitution of one child for another; 98 oncealing or abandoning any legitimate child wi"2 in"en" "o ca%se s%c2 c2ild "o lose i"s civil s"a"%s o o 'f the child is being "idnapped and they "new that the "idnappers are $%T the real parents of their child, then simulation of birth is committed 'f the parents are parties to the simulation by ma"ing it appear in the birth certificate that the parents who bought the child are the real parents, the crime is $%T falsification on the part of the parents and the real parents but simulation of birth8 'V'( +T*T)+ 5*rticle 9:?/ %$ E*(ME$T %R

)+)RP*T'%$ %= o o o

* person represents himself to be another and assumes the filiation or the parental or con-ugal rights of such another person Thus, where a person impersonates another and assumes the latterSs right as the son of wealthy parents, the former commits usurpation of civil status Civil s"a"%s: includes oneSs public station, or the rights, duties, capacities and incapacities which determine a person to a given class # Tcivil statusT includes oneSs profession

&'!*M2 5*rticle 9:@/ o Elements: 78 %ffender has been legally married; 68 The marriage has $%T been legally dissolved or, in case his or her spouse is absent, the absent spouse could $%T yet be presumed dead according to the ivil ode; 98 0e contracts a second or subse>uent marriage; :8 The second or subse>uent marriage has all the essential re>uisites for validity o &igamy vs8 'llegal Marriage
'((E!*( M*RR'*!E

&'!*M2 =orm of illegal marriage

%ffender must have a valid and subsisting marriage # despite the fact that the marriage is still subsisting, offender contracts a subse>uent marriage =or bigamy to be committed, the second marriage must have all the attributes of a valid marriage M*RR'*!E

'llegal marriage includes also such other marriages which are performed without complying with the re>uirements of law, or such premature marriages, or such marriage which was solemni3ed by one who is $%T authori3ed to solemni3e the same

%$TR* TE4 *!*'$+T PR%V'+'%$+ %= T0E (*; 5*rticle 9<G/

140 (^_^) ICY

Elements: 78 %ffender contracted marriage; 68 0e "new at the time that # a/ The re>uirements of the law were $%T complied with; or b/ The marriage was in disregard of a legal impediment8

Marriages contracted against the provisions of laws: 78 The marriage does $%T constitute bigamy 68 The marriage is contracted "nowing that the re>uirements of the law have $%T been complied with or in disregard of legal impediments 98 %ne where the consent of the other was obtained by means of violence, intimidation or fraud :8 'f the second marriage is void because the accused "nowingly contracted it without complying with legal re>uirements as the marriage license, although he was previously married <8 Marriage solemni3ed by a minister or priest who does $%T have the re>uired authority to solemni3e marriages

PREM*T)RE M*RR'*!E+ 5*rticle 9<7/ o Persons liable: 78 * widow who is married within 9G7 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death; 68 * woman who, her marriage having been annulled or dissolved, married before her delivery or before the e,piration of the period of 9G7 days after the date of the legal separation o o Rationale of the 9G7Jday period J the probability that there might be a confusion regarding the paternity of the child who would be born 'f this reason does $%T e,ist because the former husband is impotent, or was shown to be sterile such that the woman has had $% child with him, that belief of the woman that after all there could be $% confusion even if she would marry within 9G7 days may be ta"en as evidence of good faith and that would negate criminal intent EREM%$2 5*rticle 9<6/

PER=%RM*$ E %= '((E!*( M*RR'*!E o

Priests or ministers of any religious denomination or sect, or civil authorities who shall perform or authori3e any illegal marriage ceremony shall be punished in accordance with the provisions of the Marriage (aw

14. C!i0es A+ains" :ono! (494)487.@ in addi"ionE ('&E( 5*rticle 9<9/ o LI&EL: a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances tending to cause the dishonor, discredit, or contempt of a natural or -uridical person, or to blac"en the memory of one who is dead8 Elements: 78 There must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance; 68 The imputation must be made publicly; 98 't must be malicious; :8 The imputation must be directed at a natural or -uridical person, or one who is dead;

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<8 The imputation must tend to cause the dishonor, discredit or contempt of the person defamed o 4istinction between malice in fact and malice in law Malice in 1ac": malice which the law presumes from every statement whose tenor is defamatory8 't does $%T need proof8 The mere fact that the utterance or statement is defamatory negates a legal presumption of malice8 'n the crime of libel, which includes oral defamation, there is $% need for the prosecution to present evidence of malice8 't is enough that the alleged defamatory or libelous statement be presented to the court verbatim8 't is the court which will prove whether it is defamatory or not8 'f the tenor of the utterance or statement is defamatory, the legal presumption of malice arises even without proof8 Malice in fact becomes necessary only if the malice in law has been rebutted8 %therwise, there is $% need to adduce evidence of malice in fact8 +o, while malice in law does $%T re>uire evidence, malice in fact re>uires evidence8 Malice in law can be negated by evidence that, in fact, the alleged libelous or defamatory utterance was made with good motives and -ustifiable ends or by the fact that the utterance was privileged in character8 'n law, however, the privileged character of a defamatory statement may be absolute or >ualified ;hen the privileged character is said to be absolute, the statement will $%T be actionable whether criminal or civil because that means the law does $%T allow prosecution on an action based thereon

o o o

'n libel, the person defamed need $%T be e,pressly identified8 't is enough that he could possibly be identified because Winnuendos may also be a basis for prosecution for libel Even a compliment which is undeserved, has been held to be libelous ;hen proof of truth is admissible: 78 ;hen the act or omission imputed constitutes a crime regardless of whether the offended party is a private individual or a public officer; 68 ;hen the offended party is a government employee, even if the act or omission imputed does $%T constitute a crime, provided if its related to the discharged of his official duties

Re>uisites of defense in defamation 78 'f it appears that the matter charged as libelous is true; 68 't was published with good motives; 98 't was for -ustifiable ends8

o ('&E( # ;R'T'$! %R +'M'(*R ME*$+ 5*rticle 9<</ o * libel may be committed by means of # 78 ;riting; 68 Printing; 98 (ithography; :8 Engraving; <8 Radio; F8 Photograph; A8 Painting; ?8 Theatrical e,hibition; @8 inematographic e,hibition; or 7G8 *ny similar means8 o

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T0RE*TE$'$! T% P)&('+0 *$4 %==ER T% PREVE$T +) 0 P)&(' *T'%$ =%R * 5*rticle 9<F/ o *cts punished:

%MPE$+*T'%$

78 Threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family; 68 %ffering to prevent the publication of such libel for compensation or money consideration o &lac"mail: any unlawful e,tortion of money by threats of accusation or e,posure8 Two words are e,pressive of the crime # hush money 5)+ vs8 Eguia, et al8, 9? Phil8 ?<A/ &lac"mail is possible in 57/ light threats 5*rticle 6?9/;and 56/ threatening to publish, or offering to prevent the publication of, a libel for compensation 5*rticle 9<F/

o PR%0'&'TE4 P)&(' *T'%$ %= * T+ RE=ERRE4 T% '$ T0E 5*rticle 9<A/ o Elements: 78 %ffender is a reporter, editor or manager of a newspaper, daily or maga3ine; 68 0e publishes facts connected with the private life of another; 98 +uch facts are offensive to the honor, virtue and reputation of said person o The provisions of *rticle 9<A constitute the soJcalled T3a+ LawT %)R+E %= %==' '*( PR% EE4'$!+

+(*$4ER 5*rticle 9<?/ o +lander is oral defamation8 There are 6 "inds of oral defamation: 57/ +imple slander; and 56/ !rave slander # serious and insulting nature o

+(*$4ER &2 4EE4 5*rticle 9<@/ o Elements: 78 %ffender performs any act $%T included in any other crime against honor; 68 +uch act is performed in the presence of other person or persons; 98 +uch act casts dishonor, discredit or contempt upon the offended party o o +lander by deed # performance of an act, $%T use of words 6 "inds of slander by deed: 78 +imple slander by deed; and 68 !rave slander by deed, that is, which is of a serious nature8 o ;hether a certain slanderous act constitutes slander by deed of a serious nature or not, depends on the social standing of the offended party, the circumstances under which the act was committed, the occasion, etc8

'$ R'M'$*T'$! '$$% E$T PER+%$+ 5*rticle 9F9/ o Elements: 78 %ffender pe!1o!0s an act;

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68 &y such an ac", he incriminates or imputes to an innocent person the commission of a crime; 98 +uch act does $%T constitute per-ury o o o o o *s far as this crime is concerned, this has been interpreted to be possible only in the soJ called plan"in+ o1 evidence This crime *$$%T be committed through verbal incriminatory statements8 't is defined as an act and, therefore, to commit this crime, more than a mere utterance is re>uired8 'f the incriminating machination is made orally, the crime may be +(*$4ER or %R*( 4E=*M*T'%$ 'f the incriminatory machination was made in writing and under oath, the crime may be per-ury if there is a willful falsity of the statements made 'f the statement in writing is $%T under oath, the crime may be falsification if the crime is a material matter made in a written statement which is re>uired by law to have been rendered

'$TR'!)'$! *!*'$+T 0%$%R 5*rticle 9F:/ o o *ny person who shall ma"e any intrigue which has for its principal purpose to blemish the honor or reputation of another person 3ossipin+ # offender, without ascertaining the truth of a defamatory utterance, repeats the same and passes it on to another, to the damage of the offended party8 ;ho started the defamatory news is un"nown8 4istinction between intriguing against honor and slander: ;hen the source of the defamatory utterance is un"nown and the offender simply repeats or passes the same, the crime is intriguing against honor8 'f the offender made the utterance, where the source of the defamatory nature of the utterance is "nown, and offender ma"es a republication thereof, even though he repeats the libelous statement as coming from another, as long as the source is identified, the crime committed by that offender is slander

4istinction between intriguing against honor and incriminating an innocent person: 'n intriguing against honor, the offender resorts to an intrigue for the purpose of blemishing the honor or reputation of another person 'n incriminating an innocent person, the offender performs an act by which he directly incriminates or imputes to an innocent person the commission of a crime

o a. Ad0inis"!a"ive Ci!c%la! 0?)200? ReE 3%idelines in "2e O,se!vance o1 a R%le o1 P!e1e!ence in "2e I0posi"ion o1 Penal"ies in Li,el Cases (1. P!e1e!ence o1 i0posi"ion o1 1ine Rule of preference set by the +upreme ourt on the matter of the imposition of penalties for the crime of libel bearing in mind the following principles: 78 This *dministrative ircular does $%T remove imprisonment as an alternative penalty for the crime of libel 5*rticle 9<<, RP /; 68 The Eudges concerned may, in the e,ercise of sound discretion, and ta"ing into consideration the peculiar circumstances of each case, determine whether the imposition of a fine alone would best serve the interests of -ustice or whether forbearing to impose imprisonment would depreciate the seriousness of the offense, wor" violence on the social order, or otherwise be contrary to the imperatives of -ustice; 98 +hould only a fine be imposed and the accused be unable to pay the fine, there is $% legal obstacle to the application of the RP provisions on subsidiary imprisonment 17. C!i0inal Ne+li+ence (489.

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IuasiJoffenses punished: 78 ommitting through rec"less imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony; 68 ommitting through simple imprudence or negligence an act which would otherwise constitute a grave or a less serious felony; 98 ausing damage to the property of another through rec"less imprudence or simple imprudence or negligence; :8 ausing through simple imprudence or negligence some wrong which, if done maliciously, would have constituted a light felony

4istinction between rec"less imprudence and negligence: The 6 are distinguished only as to whether the danger that would be impending is easily perceivable or not 'f the danger that may result from the criminal negligence is clearly perceivable, the imprudence is rec"less 'f it could hardly be perceived, the criminal negligence would only be simple

II. <%!isp!%denceL Pe!"inen" S%p!e0e Co%!" decisions p!o0%l+a"ed %p "o <%ne 40 2010 III. E$cl%ded Topics 1. All Special Penal Laws and S%p!e0e Co%!" #ecisions no" pe!"inen" "o "2e a,ove o%"lined "opics a!e e$cl%ded. 2. Penal"ies o1 Speci1ic C!i0es.