CrimRev Notes AvGemKyna TeriEr

CRIMINAL
LAW REVIEW Is a sheer confession before fiscal be considered as a confession?

Yes
VILLA-IGNACIO NOTES
How about an extra-judicial confession before the Judge?
BOOK TWO It must be made open court. Done during arraignment.
TITLE ONE: CRIMES AGAINST NATIONAL SECURITY
CRIMES AGAINST NATIONAL SECURITY: Can an extra-judicial confession be used for conviction?
1. TREASON See Rule 133. It is not a ground for conviction unless corroborated by evidence
2. CONSPIRACY AND PROPOSAL TO COMMIT TREASON of corpus delicti.
3. MISPRISION OF TREASON
4. ESPIONAGE What is the difference between confession and admission?
CRIMES AGAINST THE LAW OF NATIONS: Admission refers to facts only. Confession deals with the confession of the
1. INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS felony as charged. Admission alone is not sufficient. It must be made in open
2. VIOLATION OF NEUTRALITY court.
3. CORRESPONDENCE WITH HOSTILE COUNTRY
4. FLIGHT TO ENEMYS COUNTRY
5. PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS OR IN PHILIPPINE WATERS. ART. 115: CONSPIRACY AND PROPOSAL TO COMMIT TREASON

ART. 114: TREASON It becomes a felony only when such act or proposal if there is a specific penalty
provided form.
Breach occurs against who owes allegiance to the Philippines.
It cannot be committed in time of peace. If the crime of treason was committed as a result of a conspiracy or proposal
thereof, what is the effect?
What are the elements? The latter acts are absorbed since the accused becomes a conspirator or
1. Filipino Citizen, or resident alien owing allegiance to the Philippines. principal by inducement whose acts are integrated into the crime of treason
2. There is war in which the country is involved. itself.

Must there be a declaration of war under Art. 114?
It is not a prerequisite in the application of Treason. But rather, it is the ART. 116: MISPRISION OF TREASON
ACTUAL Commencement of Hostilities that is essential. If treasonous acts have already been committed, offender is not liable under
Art. 116.
Two ways of committing treason?
1. Levy to war A Fiscal knows of a treasonous act of A and B. Despite such knowledge it did
2. Adheres to her enemies or give them aid or comfort. not report such to the authorities. What is the criminal liability of the fiscal?
He is criminally liable under dereliction of liability/duty.
What is Levy to war?
Mere enlistment of men is not sufficient. There must be an actual assemblage How is the offender punished?
of men for treasonable purposes, even if no actual clash of arms took place. Offender is deemed as a principal under Art. 116 but penalty imposed is that
Two-witness rule is not necessary to prove adherence. of an accessory to the crime of treason.

CRIMINAL LAW REVIEW DVI NOTES BURGOS, DE TORRES, LI, MARCELO, PASAMBA | 1
How is this related to Art. 19, par. 3 (By harboring, concealing, or assisting in
the escape of the principals of the crime, provided the accessory acts with
abuse of his public functions or whenever the author of the crime is guilty of ART. 118: INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
treason, parricide, murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some other crime)? A group of persons marched in front of the US embassy and burned the
Take note of the term guilty. Art. 116 is not applicable even though even American flag and splashed red paint on the US building. What is their
though the penalty imposed is that of an accessory under the crime of treason. liability? What if they burned the Koran in front of the Pakistan Embassy? Is
it Inciting to War?
DVI: There is no hard and fast rule. It may be a violation if, in accordance to the
ART. 117: ESPIONAGE reception of the foreign country, it is offensive. (e.g. for Americans, the
burning of US flag is an exercise of freedom of expression, but as to Pakistani,
A entered a military establishment without authority with the purpose of burning the Koran will get you in trouble. You might not even leave the place
securing information or confidential data relating to the defense of the State. alive.)
After obtaining such documents, he turned it over to a foreign agent. After
examining the documents, the foreign agent called A and told him that the
information the latter obtained were available on the Internet and could ART. 120: CORRESPONDENCE WITH HOSTILE COUNTRY
even be bought from National Bookstore. What would be the liability of A?
A would still liable for Espionage notwithstanding the documents obtained. *DVI: Note that intention is to aid the hostile country
The elements of the first mode of committing Espionage are:
1. That the offender enters any of the places mentioned
2. That he has no authority ART. 121: FLIGHT TO ENEMY COUNTRY
3. That his purpose is to obtain information, plans, or other data
confidential in nature relative to the defense of the Philippines. *DVI: Note that a resident alien may be liable for Art. 121.
The offender must have the intention to obtain information relative to the
defense of the Philippines. It is not necessary that the information is actually What if that alien would like to go back to his motherland because there is
obtained. already a state of war between the Philippines and his country and it is
unsafe in the Philippines. May the Philippines prevent him from doing so?
Is he liable for impossible crime? Yes. Art. 121 is malum prohibitum. The purpose of the alien in flying back to his
No. Impossible crimes are punishable if the same are against persons and motherland is immaterial. This is because the Philippines may never know
property only. Espionage is a crime against national security. what the alien may divulge to his mother country. In this case, the national
interest is of utmost interest.
*DVI: Take note of Commonwealth Act 616 (An Act to Punish Espionage and
Other Offenses Against the National Security). Under said Act, citizenship is What will be the liability of the alien if he successfully returns to his country?
not an issue, nor whether the country is at war or not. Article 121. (DVI: But how will he be punished?)

Also take note of Sec. 6 of CA 616: (Harboring or concealing violators of law)
Whoever harbors or conceals any person who he knows, or has reasonable ART. 122: PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS
ground to believe or suspect, has committed, or is about to commit, an offense
under this Act, shall be punished by imprisonment of not more than 10 years
and may, in addition thereto, be fined not more than 10,000 pesos.
A, by means of violence and intimidation, enters a watercraft along Isla 9. INTERRUPTION OF RELIGIOUS WORSHIP
Puting Bato in Tondo, Manila, and there, took possession of the wallet and 10. OFFENDING THE RELIGIOUS FEELINGS
laptop of occupants of that small watercraft. What crime did A commit?
It depends. The use of the vessel should be taken into account. If the
watercraft is used by the occupant as a dwelling, it will be robbery with ART. 124: ARBITRARY DETENTION
violence or intimidation. However, if the watercraft is used to transport goods
from one place to another, or is a fishing vessel, it is piracy in Philippine What are the elements in Art.124?
Waters. 1. Offender is a public officer or employee
2. Detains a person
What if it was a private individual alone? 3. Detention is without legal grounds
Illegal detention.
What are the legal grounds for detention of persons?
What are the other acts designated as detention? 1. Commission of a crime
See Arts. 267 & 268 2. Violent insanity
3. Any other ailment requiring compulsory confinement of the patient in
Public officer acted in good faith, what is his liability? the hospital.
None. Good faith can be invoked as a defense.

What if it turns out that the victim is innocent? ART. 125: DELAY IN THE DELIVERY OF DETAINED PERSON TO THE PROPER JUDICIAL
No liability. Mistake of fact can be a defense. AUTHORITIES

What are the requisites of mistake of fact? If there is a valid warrantless arrest, what is the duty of the arresting officer?
See Midterms Notes Deliver the person to the proper authorities.

What is Sec. 18 of the Human Security Act?
1
TITLE TWO Period of Detention Without Judicial Warrant of Arrest. Between RPC and RA
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE 9372, the latter shall prevail since it provides or a specific period.
ARBITRARY DETENTION OR EXPULSION, VIOLATION OF DWELLING, PROHIBITION,
INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS AND CRIMES AGAINST
1
RELIGIOUS WORSHIP: SEC. 18. Period of Detention Without Judicial Warrant of Arrest. - The provisions of
1. ARBITRARY DETENTION Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or
2. DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE PROPER JUDICIAL law enforcement personnel, who, having been duly authorized in writing by the Anti-
AUTHORITY Terrorism Council has taken custody of a person charged with or suspected of the crime
of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any
3. DELAYING RELEASE
criminal liability for delay in the delivery of detained persons to the proper judicial
4. EXPULSION authorities, deliver said charged or suspected person to the proper judicial authority
5. VIOLATION OF DOMICILE within a period of three days counted from the moment the said charged or suspected
6. SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF person has been apprehended or arrested, detained, and taken into custody by the said
THOSE LEGALLY OBTAINED police, or law enforcement personnel: Provided, That the arrest of those suspected of
7. SEARCHING DOMICILE WITHOUT WITNESSES the crime of terrorism or conspiracy to commit terrorism must result from the
8. PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS surveillance under Section 7 and examination of bank deposits under Section 27 of this
Act.
The rule does not provide for such.
What would be the proceeding for a person arrested without warrant? *DVI: If such is the request of the person detained, then it must be granted,
Inquest proceeding to determine: since there is no specific rule.
1. If it was a valid warrantless arrest (if found otherwise he must be
released immediately). Can he ask for bail?
a. Submit for dismissal Yes he can, since it is provided by the rules of Court.
2. If there is a probable cause. *DVI: But where will he apply for bail? Considering that there is no
a. File the same before the court (which includes information/complaint filed in a court. The lawyer should secure a police
recommendation for bail, and indicate the amount of bail. If report, write a motion for bail citing the Rules of Court, and attach the police
there is none, it must be indicated NO BAIL recommended). report.
b. Cannot consider evidence yet, since the person has not
made any statement. What if the offense is not bailable?
*DVI: These are the areas that need to be threshed out. Right to bail is
What is the effect of the waiver under Art. 125? available regardless of the offense, even if it is a capital offense until there is a
The fiscal must conduct a preliminary investigation within 15 days. During the strong determination evidence.
15-day period, the accused can submit his controverting evidence.
Punishable acts under Section 3 of the R.A. No. 9372 Human Security Act:
What if the arrested person cannot produce the necessary evidence? Can he 1. Piracy in General and Mutiny in the High Seas or in the Philippine
ask for an extension? Who will approve and grant the same? Waters
2. Rebellion or Insurrection
3. Coup d' Etat
The police or law enforcement personnel concerned shall, before detaining the person 4. Murder
suspected of the crime of terrorism, present him or her before any judge at the latter's 5. Kidnapping and Serious Illegal Detention
residence or office nearest the place where the arrest took place at any time of the day 6. Crimes involving destruction
or night. It shall be the duty of the judge, among other things, to ascertain the identity 7. The Law on Arson
of the police or law enforcement personnel and the person or persons they have
8. Toxic Substances and Hazardous and Nuclear Waste Control Act of
arrested and presented before him or her, to inquire of them the reasons why they
have arrested the person and determine by questioning and personal observation 1990
whether or not the suspect has been subjected to any physical, moral or psychological 9. Atomic Energy Regulatory and Liability Act of 1968
torture by whom and why. The judge shall then submit a written report of what he/she 10. Anti-Hijacking Law
had observed when the subject was brought before him to the proper court that has 11. Anti-Piracy and Anti-Highway Robbery Law of 1974
jurisdiction over the case of the person thus arrested. The judge shall forthwith submit 12. Decree Codifying the Laws on Illegal and Unlawful Possession,
his/her report within three calendar days from the time the suspect was brought to Manufacture, Dealing in, Acquisition or Disposition of Firearms,
his/her residence or office. Ammunitions or Explosives
Immediately after taking custody of a person charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, the police or law enforcement personnel
If A, B, and C are charged in court for terrorism under the R.A. No. 9372 and
shall notify in writing the judge of the court nearest the place of apprehension or
arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or
the predicate crime alleged in the crime is piracy. The prosecution failed to
after office hours, the written notice shall be served at the residence of the judge establish all the elements of terrorism but its evidence on piracy is
nearest the place where the accused was arrested. overwhelming. Dismissed. The prosecution realizing that its evidence for
The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be piracy is very strong, this time filed an information for piracy. What would be
imposed upon the police or law enforcement personnel who fails to notify and judge as the defense that the accused if any may put up?
Provided in the preceding paragraph.
Double jeopardy. R.A. No. 9372, Sec. 49 provides that prosecution under this Arts. 267 Kidnapping and serious illegal detention
Act shall be a bar for another prosecution under the RPC or any other special Arts. 268 Slight illegal detention
laws.
What if the public officer acted in good faith, no culpable negligence, what
Requisites: would be his liability?
1. Valid chargeship or other charge sufficient in form and substance He can raise the defense of mistake of fact (absolutory cause). Conditions: 1.
2. Accused arraigned Acted in good faith, 2. No negligence, 3. Act should have been lawful had the
3. There is a finding either dismissing the charge or acquitting the facts been as he perceived them to be.
accused
1. Piracy is an offense necessarily included in the offense leveled against
the respondents. Respondents may raise the defense of double ART. 127: EXPULSION
jeopardy under the Constitution or under Sec. 49 of R.A. No. 9372.
A Filipino citizen identified as public enemy number 1 because he is
This time the court announced that the evidence for terrorism is insufficient. considered as a serial killer and rapist comes back to the country after going
The accused was acquitted. But with respect to piracy, the evidence is abroad. May the authorities refuse him entrance back in the country and
overwhelming. Can the court declare the respondent guilty of piracy not force him to board the plane back to where it originated? Can the State
terrorism? invoke its police power?
Yes. Rule 120, Sec. 4 pertains to judgments in case of variance between No because a Filipino citizen has every right to stay in his motherland. You
allegation and proof. When there is variance between the offense charged and cannot deport a Filipino citizen.
the offense proved and the offense charged necessarily includes the offense
proved. Thus, respondent may be found guilty in the same case BUT if the Art. 127 refers only to who?
prosecution files another information, then that would be double jeopardy. FOREIGNERS or NON-CITIZENS of the Philippines. You cannot deport your own
If the prosecution charged the accused of terrorism in relation to or with kind.
piracy as a predicate crime and the court acquitted the accused on the merits
but the prosecution filed another information, it will be a violation of the May the person be compelled to change his residence?
accuseds right of double jeopardy and Sec. 49 of R.A. No. 9372. But the court Yes but only in certain instances, such as:
may find the accused guilty of a predicate crime by virtue of Rule 120. 1. Ejectment proceedings;
2. Expropriation proceedings;
Re: Arts. 124-126, what if the problem asked would involve a public officer 3. Destierro;
and a private individual aiding the public officer to arrest without warrant 4. Case of a conviction for the commission of a crime involving
and without valid cause? Would there be a crime considering that the deprivation of liberty;
provisions are clear that the offender must be a public officer or employee? 5. Grant of probation where change of residence is one of the conditions
Yes, there would be a crime. In Camerino v. Camerino (?), the Court said that therein imposed by the court;
the offense will be committed in conspiracy with a private individual then, his 6. Case of release on parole of a prisoner under the Indeterminate
liability will be the same as that of the public officer or employee. Sentence Law where one of the conditions of his release is a change of
residence; and
What if the private individual alone committed the act? 7. Grant of a temporary or permanent protection under R.A. No. 9262.
The crime is illegal detention.
*DVI: 1. The rule is that a person may not be compelled to change his
Where else do you find arbitrary detention/illegal detention? residence because one has every right to be secured in his chosen residence but
the exception would be in ejectment cases, where there is a final order
authorizing his ejectment. There is a violation of property rights. For example, A, a public officer, entered the dwelling of B, without the consent of B.
the lessee violated the contract of lease with the lessor. Hence, the lessor filed Would that be a violation of Art. 128?
an ejectment case against him. The lessee may be ejected by the court. No. He is not liable. With respect to the first mode, lack of consent is not
2. Another exception would be in expropriation proceedings BUT there sufficient because the law requires that entry must be over the owners
must be the concurrence of 2 requisites: (1) valid compensation; and (2) objection.
expropriation must be for a public purpose
3. One more exception is when the court has issued the penalty for Clarifications
destierro. First mode lack of consent is not sufficient because the law requires that the
offenders entry must over the owners objection
In what felonies under the Code would destierro be the proper penalty? Second mode mere lack of consent would constitute the second mode of
NOTE: BAR QUESTION violating Art. 128
1. Art. 247 Parricide or homicide committed under Art. 247 or Third mode what is punished is the refusal of the offender to leave the
homicide committed under Art. 247. The spouse who kills his or premises, which he has entered surreptitiously, and after being asked by the
her spouse and paramour when caught in the act. Provision of owner to leave or depart
the Code that grants the offender a special mitigating X, public officer, entered the dwelling of B surreptitiously and was
circumstance. Hence, Art. 247 is not really a felony. discovered by the occupant. And immediately thereafter, X said, okay, I am
a. Note that the second part of Art. 247 gives an leaving the premises. Would X at that point be liable?
rd
absolutory cause (the offending spouse will not be liable He is not criminally liable for Violation of Domicile. As to the 3 mode, he
st
for a penalty) should have been asked to leave, but he refused to do so. As to the 1 mode,
nd
2. Art. 334 Concubinage the penalty of the concubine is only the entering was not done against the will of the owner. As to the 2 mode,
destierro there is no showing that he searched papers or other effects without the
3. Art. 284 Failure to provide bond for good behavior previous consent of the owner.
4. When after reducing the penalty by one or more degrees,
destierro is the proper penalty. What is he liable for?
He will be liable for Art. 287 (unjust vexation/light coercion), because seeing a
stranger inside ones house may cause fear or anxiety to the owner. He will not
ART. 128: VIOLATION OF DOMICILE be liable for Art. 280 (trespass to dwelling), because such provision applies
only to private persons.
Who is the offender?
Public officer What will be the consequence if in the same problem, there was a padlock?
Then there is liability for Violation of Domicile because the owner expressly
Art. 128 may be committed in 3 ways. What are these ways? showed his prohibition by locking the door.
1. By entering any dwelling against the will of the owner lack of
consent will not suffice; DVI: when the code provides any person it may refer to a private person or a
2. By searching papers or other effects found therein without the public officer who has exceeded or abused the functions of his office and as
previous consent of such owner lack of consent is sufficient; and such, was acting in his private capacity.
3. By refusing to leave the premises, after having surreptitiously entered
said dwelling and after having been required to leave the same the refusal to
leave is punished, not the surreptitious entry.
Note that in all the three modes in 128, the offender is a public officer or
employee who is not authorized by judicial order to conduct searches of 1. The accused, 17 years old was found to be guilty of theft, however, there
papers. was no evidence that he acted with discernment. Would you acquit or
convict him?
If the owner of the house is absent, may the public officer still be liable for Acquit. The prosecution has the burden to prove discernment. There is no
Art. 128? presumption that the accused acted with discernment. Thus, the minor should
Yes, the public officer is liable under Art. 128 so long as there is an express be acquitted, as per JJWA.
prohibition, such as a locked door.
*DVI: You should answer first with I will acquit or I will convict.
What if the entrance was made at 1AM, but the door was unlocked. Will the
officer be liable for violation of domicile? 2. Andres, while on board a jeepney, pulled out a light saber and scared Juan,
DVI: my submission is yes, because no one would expect someone to enter the who fell off the jeepney and died. Is Andres liable?
house at that time of night. Prohibition may be express or implied. The No, Andres is not liable. The act of pulling out a light saber was not an unlawful
instance of nighttime, at an unholy hour, is an implied prohibition. act. Article 3 of the RPC provides that felonies may be done by dolo or culpa.
Andres act did not constitute either, thus, he should not be liable for the
Note: Regalado - Entry made in an opening not intended for entrance (through death of Juan.
window) makes the public officer liable. *DVI: There are no standards that would test whether Andress act of pulling
out a light saber constitutes negligence. He was not committing a felony. Why
Reyes - Under trespass to dwelling (US v. Mesina), entrance in the middle of then would you discuss proximate cause?
the night is an implied prohibition. *DVI: Can this ruling be applied to violation
of domicile? 3. Accused committed robbery by use of force upon things. Upon entering
the victims room, the victim, an old lady, woke up thus, the accused killed
What if a private person entered the dwelling with the public officer? her. May disregard of age and sex be appreciated?
The private person shall be liable in the same way as the public officer who he No. What crime was committed in the first place? It is a crime against property
conspired with (US v. Ponte) robbery. When do you consider age and sex of the victim? Its as simple as
that. In crimes against property, you dont consider age and sex. Titignan ba
niya kung babae or lalaki kapag magnanakaw? No.
ART. 129: SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABSUE IN THE SERVICE OF THOSE
LEGALLY OBTAINED 4. X mother hid X in her house knowing X committed a crime and was being
pursued by the police. Subsequently, X transferred to his aunts house. Is the
If the warrant was procured by executing false affidavits? Will he be liable mother and the aunt liable as accomplices?
for 129, falsification by a public officer under 171? Perjury under 183? The mother is expressly exempted under Art. 20. However, as to the aunt,
He will be liable for perjury (183) and Art. 129. If the search warrant is secured qualify whether the she knew of the crime or not. It is material in determining
through a false affidavit, the crime punished by this article cannot be whether she is an accomplice.
complexed but will be a separate crime from perjury since the penalty herein
provided is in addition to the penalty of perjury. If a private individual 5. X was convicted of rape but granted an absolute pardon by the president.
executed the perjured affidavit, he will be separately liable for perjury, unless One year thereafter, x was convicted of homicide. Is x a recidivist?
st
he acted in conspiracy with the public officer. Yes, the problem is clear. X was convicted of rape (1 conviction) and one year
nd
later was convicted of homicide (2 conviction) he is a recidivist. Rape has
MIDTERM EXAM been classified as a crime against person, X committed crimes embraced in the
same liability. What is the effect of the pardon? Absolute pardon extended by but reduced his sentence to a max of 4 years and 8 months. Can X forthwith
the president will not erase the conviction. At most, it will only erase the appeal?
penalty imposed. Probation should be applied at the first instance. He appealed his conviction
which would automatically take him out of the probation law. If the appeal is
6. Andres borrowed X gun saying he would use it to kill Pedro. (DVI: At this limited only to the penalty, then he should be allowed to apply for probation.
point, may resolution na ba on the part of Andres to kill X? Yes! Because he In this problem however, he appealed BOTH the conviction and the penalty
already said so.) Because X also resented Pedro, he readily lent his gun and thus, he is disqualified.
said Pagkatapos ibalik mo agad ah. Later, Andres used a knife cause he
didnt want the neighbors to hear the crime. What is the liability of X? Appellate court granted the appeal by reducing the penalty which is now
Correct answer 1: X participation is not necessary or indispensable but he within the range. How would you discuss that fact or circumstance? Read the
contributed. Thus, he is an accomplice. case of Francisco and Lagrosa.

Correct answer 2: Discuss the fact that there is no relation between the actual 11. X actuated by malice and with use of automatic machine gun. Trial judge
act of stabbing and the gun lent by X. Say that absent a connection, there is no sentenced him with only one penalty of reclusion perpetua. Was the decision
liability on the part of X. of the trial judge correct?
DVI: Dont discuss anymore whether he has license or not to hold firearms.
7. Is light imprisonment a penalty more favorable than reclusion perpetua? Do not inject facts or information.
Light imprisonment is indefinite. Reclusion perpetua has a fixed term. Other No, X is liable for four counts of murder. This is the case of People v. Desierto.
advantages of reclusion perpetua: modifying circumstances (BUT take note The one criminal mind issue is a separate issue already. No need to discuss
that this can also work against the defendant or the accused), and ISL. that.

8. While X was approaching his car, he saw Andres stealing it. X shouted but 12. X a young married woman was asleep. Man had sex with her thinking it
Andres did not stop. X shot the rear tire, causing Andres to skid and collide was her husband. When man said that I hope you enjoyed it as much as I did.
with a tricycle, killing the latter driver. Furious, X shot the man. X said that it was defense of honor. Is her claim
Was he committing a felony? No. tenable?
Was culpa present? No. No, the unlawful aggression has already ceased. She would no longer be
If there is no dolo or culpa, it is a mere accident. He was taking precaution. He entitled to defense of honor.
was aiming at the tire. There is no civil liability as well because it was an
accident. 13. X and Andres occupied adjacent apartments, each being separate units. X
suspected that Andres was having an illicit relationship with his wife. X saw
9. When is motive immaterial? Andres and his wife together that afternoon. X tried to sleep that night but
1. - he couldnt so he took a knife and entered through an unlocked window.
2. When the offender admitted the commission of the crime. Then, the motive Inside, he saw Andres soundly asleep. He killed Andres. Is it correct to
as to why he committed the crime would be insignificant. conclude that the killing was attended by the qualifying/aggravating
3. In malum prohibitium offenses. circumstances of evident premeditation, treachery, nighttime, and unlawful
4. In culpa and negligence. entry.
DVI: If the question has already made the sequence by indicating 1,2,3,4, then
10. X was convicted in the RTC and sentenced to suffer a penalty of follow that sequence.
imprisonment for a minimum of 8 years. He appealed boththe conviction Evident premeditationNo, when he went to sleep, there was no resolution
and the penalty imposed upon him. Appellate court sustained the conviction to kill yet. He thought of killing Andres and then killed him right away.
TreacheryYes, intent or deliberately sought for is not required. See People 3. Delicto continuado or continuing crimes.
v. Lolito Go where there was no intent yet treachery was appreciated. Another
example is that of the killing of a child, regardless of whether it was sought for 20. Ys father and brother convinced her to broke up with X. Y broke up with
or not, would constitute treachery. X. X killed the father and the brother. What aggravating circumstances may
NighttimeNo, it was just coincidental. be appreciated?
Unlawful entryYes, window not a means for entrance thus, it was immaterial What kind of emotion or state of mind was he motivated for? Revenge and
that it was unlocked. retaliation. If these are X motivations, he is not entitled to any mitigating
circumstance. The act cannot be appreciated as vindication because Ys act of
15. A complaint for rape was filed by the victim against X. When victim was breaking up with X is not a grave offense.
about to finish her testimony, she and her parents filed separate affidavits of
desistance. Is X still criminally liable? People v. Calera provides that these offenses cannot be committed by any
No. It will not relieve the criminal of criminal liability. The dismissal made by person who is a participant in the meeting. If he is a participant then he is
the judge is improper. liable for unjust vexation.

16. In 1980, Andres committed theft. In 1981, he committed estafa. In 1982,
he committed falsification. In 1983, he was charged with falsification and ART. 132: INTERRUPTION OF RELIGIOUS WORSHIP
convicted of it though he admitted during the trial that he committed estafa Qualified if committed with violence.
and theft before. Is he a habitual delinquent? Interruption is committed by private individuals, the crime could be
No, there was no conviction a third time or oftener. In re: failure to allege tumultuous disturbance.
estafa and theft, these mustve been allegations in the information that there
was prior conviction.
ART. 133: OFFENDING THE RELIGIOUS FEELINGS
17. Question was regarding the successive service of sentence of X.
The 3-fold rule is inapplicable. The most grave felony multiplied by 3 is 15. In In a place devoted for religious worship or during any celebration of religious
this case, the aggregate of all the sentences X is to serve is only 14 years. Thus, ceremony.
he should serve 14 years and not 15 years, the former being lower than the
latter. May be only a punishable act by a private person. Why?
The offender refers to any person. If it is any person then it can be committed
18. 4 months and 1 day of arresto mayor. 1 year of PC. Andres did not by a private individual.
appeal. The penalty of serious physical injuries will be served after the
sentence for theft. While serving the penalty for theft, Andres escaped. Has
the penalty prescribed? TITLE THREE
The penalty for theft has prescribed. However, the penalty for serious physical CRIMES AGAINST PUBLIC ORDER
injuries has not prescribed because he has not starting serving the sentence REBELLION, SEDITION AND DISLOYALTY
yet. Thus, there is no evasion of service of sentence yet. 1. REBELLION OR INSURRECTION
2. COUP D'ETAT
19. In what cases, may a person be convicted of only one crime despite 3. CONSPIRACY AND PROPOSAL TO COMMIT COUP D'ETAT, REBELLION OR
committing numerous wrongful acts? INSURRECTION
1. Complex crimes 4. DISLOYALTY OF PUBLIC OFFICERS OR EMPLOYEES
2. Special complex crimes, and 5. INCITING A REBELLION OR INSURRECTION
6. SEDITION 1. Public uprising or taking arms against the government
7. CONSPIRACY TO COMMIT SEDITION 2. For the purpose of:
8. INCITING TO SEDITION a. Removing from the allegiance to said government or its laws the territory
CRIMES AGAINST POPULAR REPRESENTATION: of the Philippines
1. ACT TENDING TO PREVENT THE MEETING OF THE ASSEMBLY AND SIMILAR b. Depriving the Chief Executive or Congress of their respective powers
BODIES Consummated, when a group of rebels rise publicly and take arms against the
2. DISTURBANCE OF PROCEEDINGS government. It is not necessary if they complete it.
3. VIOLATION OF PARLIAMENTARY IMMUNITY:
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
1. ILLEGAL ASSEMBLIES ART. 134-A: COUP DETAT
2. ILLEGAL ASSOCIATIONS
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND Why is it designated as 134-A not Art. 135?
THEIR AGENTS: It will affect the numbering. Its a new punishable act, which used to be
1. DIRECT ASSAULTS covered under the Military justice system.
2. INDIRECT ASSAULTS
3. DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL ASSEMBLY, ITS What is Political offense doctrine?
COMMITTEES OR SUBCOMMITTEES, BY THE CONSTITUTIONAL COMMISSIONS, ITS Common crimes, perpetrated in furtherance of a political offense, are divested
COMMITTEES, SUBCOMMITTEES OR DIVISIONS of their character as "common" offenses and assume the political complexion
4. RESISTANCE AND DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF of the main crime of which they are mere ingredients, and, consequently,
SUCH PERSON cannot be punished separately from the principal offense, or complexed with
PUBLIC DISORDERS: the same, to justify the imposition of a graver penalty.
1. TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDERS; TUMULTUOUS
DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE The political offense doctrine is not a ground to dismiss the charge against
2. UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL UTTERANCES petitioners prior to a determination by the trial court that the murders were
3. ALARMS AND SCANDALS committed in furtherance of rebellion. The burden of demonstrating political
4. DELIVERY OF PRISONERS FROM JAILS motivation must be discharged by the defense, since motive is a state of mind
125
EVASION OF SERVICE OF SENTENCE: which only the accused knows. The proof showing political motivation is
1. EVASION OF SERVICE OF SENTENCE adduced during trial where the accused is assured an opportunity to present
2. EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDER, evidence supporting his defense. (Satur Ocampo v. Abando, G.R. No. G.R. No.
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES 176830, November 2014)
3. OTHER CASES OF EVASION OF SERVICE OF SENTENCE
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER What can we get from the case Enrile v. Judge Salazar?
PREVIOUS OFFENSE: Common crimes, such as murder in this case, are already absorbed by the
1. COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER crime of rebellion when committed as a necessary means, in connection with
OFFENSE and in furtherance of rebellion.

What is the penalty of the rebel leaders?
ART. 134: REBELLION Reclusion perpetua.

What are the elements of rebellion? What is nolle presequi?
"Do not prosecute". It is a phrase used to describe a a terrorist and outlawed organization, association, or group of persons by
prosecutors/plaintiffs decision to voluntarily discontinue criminal charges the said Regional Trial Court.
either before trial or before a verdict is rendered. The entry of a nolle prosequi
is not an acquittal, and the principle of double jeopardy does not apply. No
crime of misprision of rebellion or sedition. It will only apply to the offense of ART. 148: DIRECT ASSAULTS & INDIRECT ASSAULTS
treason.
Who are public officers?
Differentiate Treason under RPC v. Human Security Act. Art. 203. Who are public officers. For the purpose of applying the
Panic and fear in order to coerce the government to an unlawful demand= provisions of this and the preceding titles of this book, any person who, by
TERRORISM. direct provision of the law, popular election or appointment by competent
authority, shall take part in the performance of public functions in the
Dismissal or acquittal of an accused will be a BAR for filing another charge for Government of the Philippine Islands, of shall perform in said Government or
the crime as a predicate crime of rebellion. But if the prosecution was able to in any of its branches public duties as an employee, agent or subordinate
establish murder, accused can be liable for MURDER. official, of any rank or class, shall be deemed to be a public officer.

Assuming prosecution failed to establish Terrorism by proof beyond Who are persons in authority?
reasonable doubt. May the Court find the accused liable under Art. 324 Art. 152. Persons in authority and agents of persons in authority; Who shall
(Crimes involving destruction)? be deemed as such. In applying the provisions of the preceding and other
No, since Arts. 320-326-B were already repealed by P.D. 1613. However, Art. articles of this Code, any person directly vested with jurisdiction, whether as
320 (Destructive arson) was restored, and was later amended by R.A. No. 7659 an individual or as a member of some court or governmental corporation,
(now deemed as the law on destructive arson). P.D. 1613 is now the governing board, or commission, shall be deemed a person in authority. A barrio captain
law on simple arson. and a barangay chairman shall also be deemed a person in authority.

If a woman was forced into prostitution, is she liable under Art. 202 Who are agents of persons in authority?
(Vagrants and prostitutes)? Art. (152(2)) A person who, by direct provision of law or by election or by
No, since under a Special penal Law, women who are forced to become appointment by competent authority, is charged with the maintenance of
prostitutes are treated as victims. public order and the protection and security of life and property, such as a
barrio councilman, barrio policeman and barangay leader and any person who
Section 17 of R.A. 9373 (Human Security Act) in relation to Article 147 comes to the aid of persons in authority, shall be deemed an agent of a person
When would be the offenders be liable under HSA and when under RPC in authority.
under illegal association?
SEC. 17. Proscription of Terrorist Organizations, Association, or Group of A mayor going through papers in his office. X barged in and demanded
Persons. - Any organization, association, or group of persons organized for the payments for a long over due debt. Mayor said that he will pay soon. X
purpose of engaging in terrorism, or which, although not organized for that boxed mayor on the face. Reason for the attack non payment of the debt.
purpose, actually uses the acts to terrorize mentioned in this Act or to sow and Liability: Direct assault mayor was engaged in the actual performance of his
create a condition of widespread and extraordinary fear and panic among the duty.
populace in order to coerce the government to give in to an unlawful demand
shall, upon application of the Department of Justice before a competent Judge taking a snack in McDonalds. Judge was attacked by X because a
Regional Trial Court, with due notice and opportunity to be heard given to month ago, the judge cited him with contempt. Confined for one day.
the organization, association, or group of persons concerned, be declared as
Liability: Direct assault. Assault was by reason of the victim having performed *DVI: Note that if the offended person is a person in authority, the force
his duties. employed need not be serious. But if the mode is through intimidation, it must
be serious.
Judge already retired from service. Assault made while taking a snack by
nearby McDonald. What are the rules then if the person in authority is attacked in the
Liability: Direct assault. Although the judge is already retired, he is considered performance of duty?
a person in authority given that he is still a lawyer. The motive or purpose of the attack is immaterial. But if the person in
authority is not in the performance of duty, then the motive should be
th
RTC Judge was celebrating his 70 birthday. Judge found X guilty of a felony determined. If the motive for the attack be by reason of the past performance
previously. X attacked judge with a ketchup bottle. What crime is of the public officers duty, then it is direct assault. If the attack upon the
committed? public officer be made not in the performance of his duties and it is not by
No direct assault. He was already a retired person at the time of the assault. reason of the past performance of his duty, it is not direct assault.
There is one element lacking.
May direct assault be committed against a private individual?
*DVI: This was a question in the Bar. The examiners presumed that the Yes. In the following instances:
students knew of the retirement age of Judges. How will the student know that 1. A private individual coming to the aid of a PA is deemed an agent
there is a law requiring compulsory retiring age is 70? But what about the fact 2. Teachers, professors, lawyers are private individuals, but if in their
that the Judge is still a lawyer? The amendment of Art. 152 (who are persons in performance of their official duties, the same would constitute direct assault
authority) now includes lawyers and public school teachers. 3. If the crime committed is in the first form (sedition, rebellion), the
victim can be a private individual.
Requisites of direct assault?
1. The offender, who may be any person, makes an attack, employs Why are teachers, professors, and lawyers now deemed agents?
force, makes serious intimidation or serious resistance by reason of Protect the dignity of teachers and professors. Lawyers are deemed officers of
2. Offender knows that the person assaulted is a person in authority the court. Thus, if they are attacked in the performance of their duties, it will
3. No public uprising constitute direct assault.

Is it required that the offender knows that the victim is a person in What if the attack was made outside of the office, while the lawyer was in a
authority? If yes, how would you reconcile the pronouncement in People v. karaoke bar singing My Way?
Balbar? No longer a direct assault, unless the purpose of the assault was by reason of a
In Balbar, the Court held that the accused knew that complainant was a past performance of his duty.
teacher since she was in her classroom and engaged in the performance of her
duties when accused kissed her and subsequently pursued her with his dagger. How about teachers? If the teacher would be attacked while inside the
He therefore knew that she was a person in authority as she was so by specific classroom, by someone for a very private reason, is it still direct assault?
provision of law. It matters not that such knowledge on his part is not Yes.
expressly alleged, complainants status as a person in authority being a matter
of law and not of fact, ignorance whereof could not excuse non-compliance on What if the attack was made inside the ladies room?
his part. If by reason of her past acts, still direct assault.

If the teacher was outside of the school but on the way to delivery school
supplies on orders of the school?
Still direct assault because she was in performance of her duties.
What are the elements for indirect assault?
If the teacher is attacked while dancing in a fiesta? 1. The PA or APA is the victim of any form of direct assault.
If the reason was not for a past performance of duty, it is not direct assault. 2. A person comes to the aid of such PA or APA
3. The offender makes use of force or intimidation upon such person coming
If the boy slapped and kissed the teacher in front of people? to the aid of the PA
If the intent is to embarrass, slander by deed. *N.B.: Indirect assault can be committed only when direct assault is committed
If the intent is to annoy, unjust vexation. as a general rule.

In People v. __ , the Court still convicted accused with direct assault even if What is the crime committed if a policeman aided by a third person in
several days have lapsed since the performance of the duty. making lawful arrest and the latter is attacked?
The crime is not indirect assault because the policeman was not attacked.
*DVI: In People v. Saniel (?), the court said that when the motive of the accused Moreover, the third person was not coming to the aid of the PA or APA. If only
for boxing the judge could not be established as the judge was then merely resistance or disobedience is being committed to the PA or APA, then the
rd
standing at the railway station and no evidence would shed light on the attack to the 3 person coming to aid the PA or APA is physical injuries or
accuseds hostile conduct, the crime was only physical injuries, not direct coercion.
assault. If a school teacher was slapped by the accused not while she was
performing her school functions nor by reason thereof, but the offense was *DVI: Prior to the amendment of Art. 152 by RA No. 1978, it was then required
committed in the presence of her pupils, the crime was held to be slander by that the PA being attacked should have ordered or made a request to the
deed. (People v. Gana (?)) And if the teacher was alone, it would not constitute private individual to aid and assist him but such is no longer required. Absent
rd
slander by deed but instead ill-treatment by deed or maltreatment (See Art. such order or request, the crime committed against such 3 person could only
266). be physical injuries or coercion. As amended, such is no longer required. Under
Art. 152, a person who comes to the aid of a PA shall be deemed as a APA,
If serious or less serious physical injuries were inflicted BUT the acts do not without any distinction of whether he came at the order or request of the PA
constitute assault, the penalty is increased if the victim is a person in authority who was then being attacked by another.
(PA) by virtue of Art. 265(3).
A judge is being attacked by X. B, on seeing the assault upon the judge,
If there is direct assault and the assault shall constitute serious physical injuries approached the two and confronted X. X boxed B several times. What crimes
or less serious physical injuries, the two shall constitute complex crime of direct were committed?
assault with serious physical injuries or less serious physical injuries. But what if Determine first whether direct assault is being committed against the judge. In
it is only slight physical injuries inflicted upon the victim? If only slight physical the problem, do not immediately assume that direct assault is being
injuries and the victim is a PA, they will be separate crimes. But if the victim is committed.
an agent of a person in authority (APA), the slight physical injuries will be
absorbed in the direct assault. (People v. Acierto (?)). What crimes then were committed? It appears there are two victims?
*N.B.: If the problem given is general in nature, qualify dont make immediate
What if the public officer (PO) was acting with abuse of official functions assumptions.
when he was attacked? Could that be direct assault?
No, he is deemed to be acting in a private capacity. That would be the same *DVI: Absent any evidence to show the reason for the attack being previous
rule obtaining for falsification under Art. 171 if the PO shall abuse his public performance of official duty or to show that the victim was attacked during the
office, he shall be charged under Art. 172falsification by private individuals. performance of his official functions, it may only be serious physical injuries.
However, if theres evidence as to the motive of the accused or evidence that What if the public officer (PO) was acting with abuse of official functions
the attack was made during the performance of the victims official duty, then when he was attacked? Could that be direct assault?
the crime is complex crime of direct assault with serious physical injuries. As to No, he is deemed to be acting in a private capacity. That would be the same
B, qualify further whether X knew that B is an APA. rule obtaining for falsification under Art. 171 if the PO shall abuse his public
office, he shall be charged under Art. 172falsification by private individuals.
What if the problem shows that the person knew that he is an RTC judge and
that it is his obligation or duty to come to his aid and during which time, he What are the elements for indirect assault?
was attacked as well. Would your answer still be the same? For instance, a 1. The PA or APA is the victim of any form of direct assault.
policeman comes to the aid of the RTC judge and introduces himself that he 2. A person comes to the aid of such PA or APA
is a policeman. X, nonetheless, boxes B. What is the crime? 3. The offender makes use of force or intimidation upon such person coming
The crime is direct assault because the policeman is an APA. to the aid of the PA
*DVI: Master the rules on direct assault and indirect assault. *N.B.: Indirect assault can be committed only when direct assault is committed
When is it merely disobedience or resistance and not direct assault? as a general rule.

*DVI: I suggest you make a matrix on this. What is the crime committed if a policeman aided by a third person in
making lawful arrest and the latter is attacked?
*DVI: In People v. Saniel (?), the court said that when the motive of the accused The crime is not indirect assault because the policeman was not attacked.
for boxing the judge could not be established as the judge was then merely Moreover, the third person was not coming to the aid of the PA or APA. If only
standing at the railway station and no evidence would shed light on the resistance or disobedience is being committed to the PA or APA, then the
rd
accuseds hostile conduct, the crime was only physical injuries, not direct attack to the 3 person coming to aid the PA or APA is physical injuries or
assault. If a school teacher was slapped by the accused not while she was coercion.
performing her school functions nor by reason thereof, but the offense was
committed in the presence of her pupils, the crime was held to be slander by *DVI: Prior to the amendment of Art. 152 by RA No. 1978, it was then required
deed. (People v. Gana (?)) And if the teacher was alone, it would not constitute that the PA being attacked should have ordered or made a request to the
slander by deed but instead ill-treatment by deed or maltreatment (See Art. private individual to aid and assist him but such is no longer required. Absent
rd
266). such order or request, the crime committed against such 3 person could only
be physical injuries or coercion. As amended, such is no longer required. Under
If serious or less serious physical injuries were inflicted BUT the acts do not Art. 152, a person who comes to the aid of a PA shall be deemed as a APA,
constitute assault, the penalty is increased if the victim is a person in authority without any distinction of whether he came at the order or request of the PA
(PA) by virtue of Art. 265(3). who was then being attacked by another.

If there is direct assault and the assault shall constitute serious physical injuries A judge is being attacked by X. B, on seeing the assault upon the judge,
or less serious physical injuries, the two shall constitute complex crime of direct approached the two and confronted X. X boxed B several times. What crimes
assault with serious physical injuries or less serious physical injuries. But what if were committed?
it is only slight physical injuries inflicted upon the victim? If only slight physical Determine first whether direct assault is being committed against the judge. In
injuries and the victim is a PA, they will be separate crimes. But if the victim is the problem, do not immediately assume that direct assault is being
an agent of a person in authority (APA), the slight physical injuries will be committed.
absorbed in the direct assault. (People v. Acierto (?)).
What crimes then were committed? It appears there are two victims?
*N.B.: If the problem given is general in nature, qualify dont make immediate
2. By employing force;
assumptions.
3. By seriously

intimidating; or
*DVI: Absent any evidence to show the reason for the attack being previous
4. By seriously resisting a
performance of official duty or to show that the victim was attacked during the
PA or APA
performance of his official functions, it may only be serious physical injuries.
However, if theres evidence as to the motive of the accused or evidence that
the attack was made during the performance of the victims official duty, then *DVI: First, read Art. 203. Thereafter, proceed to Art. 158.
the crime is complex crime of direct assault with serious physical injuries. As to NOTE: DVI said this is a good question. It might come out in the finals.
B, qualify further whether X knew that B is an APA.
*DVI: It is a rule that indirect assault can only be committed if direct assault is
What if the problem shows that the person knew that he is an RTC judge and committed against a person in authority. However, what if the problem is silent
that it is his obligation or duty to come to his aid and during which time, he that the person attacked the judge by reason of his functions and a third
was attacked as well. Would your answer still be the same? For instance, a person comes in aid of the judge because of such attack? What is the crime
policeman comes to the aid of the RTC judge and introduces himself that he committed against the third person?
is a policeman. X, nonetheless, boxes B. What is the crime? Absent any showing that the judge was attacked during the commission of his
The crime is direct assault because the policeman is an APA. official duties or by reason of the past performance of his official duties, the
*DVI: Master the rules on direct assault and indirect assault. crime committed is simply physical injuries. However, with respect to the third
When is it merely disobedience or resistance and not direct assault? person who has knowledge that the person being attacked is a judge, by virtue
*DVI: I suggest you make a matrix on this. of the amendment of Art. 152, he shall be deemed a person in authority.
Hence, the crime committed against him is direct assault. The knowledge of the
*From Beda 2015, p.129 third person is MATERIAL.

DIRECT ASSAULT RESISTANCE

ART. 153: TUMULTS AND OTHER DISTURBANCE OF PUBLIC ORDERS; TUMULTUOUS
WHEN Either when the PA or APA is Only in actual performance
DISTURBANCE OR INTERRUPTION LIABLE TO CAUSE DISTURBANCE
COMMITTED in the actual performance of of duties
A, went to a public office with a legitimate concern, she was trying to get the
official duty or by reason
attention the employees inside. Enraged X, kicked a chair at the employees,
thereof
can he be liable under Art. 153?
FORCE Force employed is serious as Use of force is not so serious No. There is no showing that it was a planned attack. It can be alarms and
EMPLOYED there is a manifest intent to as there is no manifest intent scandals, under par. 4.
defy the law and its enforcers to defy the law and its
enforcers
ART. 155. ALARMS AND SCANDALS
DELIBERATE Attack or employment of Attack or employment of What if a firearm was pointed at a person?
FORCE force is deliberate force is not deliberate The intent to kill must first be established. If absent, but killed a person then
homicide, since there is a presumption of intent to kill. One can invoke Art. 4
HOW Committed in any of the Committed by resisting or (Praetaer intentionem) as a defense.
COMMITTED following ways: seriously disobeying a PA or
1. By attacking; APA
Homicide vs. Murder isnt it a denial of due process when the court rules See RA 10592 in connection with Evasion of Service of Sentence on the
that offender is liable for homicide if there is showing that there is no intent occasion of calamity.
to kill? Reconcile. Sec. 4. Article 98 is now amended to state: Art. 98. Special time allowance for
By reason of Art. 4, homicide may still be charged even if there is no intent to loyalty. A deduction of one fifth of the period of his sentence shall be
kill, because there still is criminal liability although the offender did not intend granted to any prisoner who, having evaded his preventive imprisonment or
to commit so grave a wrong. the service of his sentence under the circumstances mentioned in Art. 158 of
this Code, gives himself up to the authorities within 48 hours following the
Take note of 156. There are two ways of committing the offense removing issuance of a proclamation announcing the passing away of the calamity or
the person or allowing escape. A higher penalty is imposed if committed by catastrophe referred to in said article. A deduction of two-fifths of the period
violence, intimidation, or bribery. of his sentence shall be granted in case said prisoner chose to stay in the place
If by violence and physical injuries there absorbed; physical injuries are a of his confinement notwithstanding the existence of a calamity or catastrophe
necessary means. enumerated in 158.
If by intimidation and threats/coercion absorbed; threats/coercion are a
necessary means.
If bribery no absorption, because the RPC in Bribery states, in addition. ART. 156: DELIVERY OF PRISONERS FROM JAILS
Therefore, separate offenses. Example of other means?
Deceit, such as switching places with a prisoner
In 157, the offense is qualified if the offender commits unlawful entry by
breaking doors, windows, etc. (DVI: How do you unlawfully enter, e nasa If X forged the signature of the judge in the order of release and presented
loob ka na nga?) the forged document to the jailer, who not knowing the falsification
DVI: there is a wrong interpretation from the Spanish text. It should be committed, released A the prisoner, what crime was committed by X?
interpreted to mean scaling the prison wall. Note that there is no evasion if Complex crime of delivering prisoners from jail through falsification
the escapee is only a detention prisoner or is a youthful offender or is a sentenced to the higher penalty in its maximum period.
deportee, provided that there is a deportation order.
Assume X is a private individual, based on the facts, he falsified the court order
If the prisoner is only a detainee and not convicted by final judgment, what is of release and, on the basis of the court order, a jailer was released
the sanction?
He will not be liable for evasion of service of sentence, but the consequence Art. 156 has its own penalty as well as Art. 172
will be that the offender is not entitled to the Indeterminate Sentence. Thus, Both are punishable acts covered by specific articles
he will be penalized with a straight penalty no more minimum, no more So how would the court impose the penalty, assuming he is found guilty
maximum. beyond reasonable doubt?
The principal object remains to be the escape of the prisoner. However, Art.
Courts are required to determine a minimum and maximum penalty under the 172 imposes a higher penalty than Art. 156. Since there is a complex crime,
ISL, but if the detainee is an escapee, the court will only impose a straight Art. 48 should be applied to determine the penalty that should be imposed.
penalty. According to Art. 48, the penalty for the most serious crime shall be imposed,
the same to be applied in its maximum period. Hence, the penalty under Art.
Is there an evasion of service of sentence if the penalty is destierro? 172 should be imposed (Art. 172 can absorb Art. 156).
Yes. Evasion of service of sentence is applicable if the sentence is destierro.
A is a detention prisoner in jail. B, who is a friend of A, asked C to deliver a
steel file for the purpose of cutting the iron bars in jail. The intent of B is to
deliver A from jail. C delivered the steel file to A and A succeeded in escaping Whether or not the convict who violates his conditional pardon can always
from jail through the use of such steel file. What are the respective liabilities be made to serve the balance of his prison term?
of A, B and C? In all case where the penalty remitted is more than 6 years of imprisonment,
A is not liable for evasion of service of sentence but, since he escaped, he will the convict must always serve he balance.
be disqualified from availing of the benefits of the Indeterminate Sentence
Law (A will be given a straight penalty) and will not be entitled to parole. If penalty is 6 years of less, the court shall impose on him the penalty of prision
correctional in its minimum period, but without prejudice to his recommitment
B is liable for delivery of prisoners from jail. by the President for the unserved portion remitted by the pardon.

C, if he knew the intent of B, would be liable for delivery of persons from jail
through conspiracy. ARTICLE 159 - CONDITIONAL PARDON

If the prisoner is detained, it renders the person delivering from jail an An accused previously convicted of a crime but was subsequently granted
accessory, to those crimes as enumerated by par. 3. This is on the basis of Art. pardon by the President. President recommitted him for violation of the
19, par. 3. conditions of the pardon for allegedly committing a crime. Subsequently, the
court declared him innocent of the crime. What is now the basis of the
presidents recommitment? What is the recourse of the prisoner? Can he file
ART. 158: EVASION OF SERVICE OF SENTENCE ON THE OCCASION OF DISORDER, damages? How do you reconcile constitutional right of the grantee?
CONFLAGRATIONS, EARTHQUAKES, OR OTHER CALAMITIES (presumption of innocence and due process)

There can be no evasion of the sentence of destierro in the case of evasion *DVI: It is not good policy. Good topic for thesis. For the Bar: Answer on the
during a catastrophe since Art. 158 provides for the act of the offender in basis of Section 64 of the Administrative Code.
leaving the penal institution.
In all cases where the penalty remitted is more than 6 years of imprisonment,
What are the penalties? the convict must always serve the balance. If the penalty remitted is 6 years or
a. If the escapee did not participate in a mutiny, he is covered by Art. less, the court shall impose on him the penalty of prision correccional in it
158 under which he may receive 1/5 reduction or 1/5 addition in his sentence minimum period, but without prejudice to his recommitment by the President
depending on whether or not he gave himself up to the authorities. for the unserved portion remitted by the pardon.
b. If the escapee participated in the mutiny, his case will fall under art.
157 wherein he is penalized with the maximum period of prision correctional It may be emphasized that what is involved in the instant case is not the
and he is not entitled to 1/5 reduction even if he timely surrenders. He may be prosecution of the parolee for a subsequent offense in the regular course of
liable for offense which he may have committed during the mutiny. administration of the criminal law. What is involved is rather the
ascertainment of whether the convict has breached his undertaking that he
What can we get from the case People v. Padilla? would "not again violate any of the penal laws of the Philippines" for purposes
Accused was forced by some detainees to leave the jail, but he returned of reimposition upon him of the remitted portion of his original sentence. The
thereafter. It was held that there was no mutiny, hence he was entitled to the consequences that we here deal with are the consequences of an ascertained
1/5 deduction as loyalty allowance. On the other hand, he was not liable either breach of the conditions of a pardon. A convict granted conditional pardon,
for evasion as he acted under the impulse of an uncontrollable fear, thus he like the petitioner herein, who is recommitted must of course be convicted by
was not given any additional penalty. final judgment of a court of the subsequent crime or crimes with which he was
charged before the criminal penalty for such subsequent offense(s) can be
imposed upon him. Again, since Article 159 of the Revised Penal Code defines 11. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTIC
a distinct, substantive, felony, the parolee or convict who is regarded as having MINISTER
violated the provisions thereof must be charged, prosecuted and convicted by 12. FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS
final judgment before he can be made to suffer the penalty prescribed in 13. FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH AND TELEPHONE MESSAGES, AND
Article 159. (Torres v. Gonzales, G.R. No. 76872, July 23, 1987) USE OF SAID FALSIFIED MESSAGES
14. FALSE MEDICAL CERTIFICATES, FALSE CERTIFICATES OF MERITS OR SERVICE, ETC
15. USING FALSE CERTIFICATES
ARTICLE 160: SPECIAL AGGRAVATING CIRCUMSTANCE 16. MANUFACTURING AND POSSESSION OF INSTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION
Any person who shall commit a felony after having been convicted by final OTHER FALSITIES:
judgment, before beginning to serve such sentence, or while serving the same, 1. USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS
shall be punished by the maximum period of the penalty prescribed by law for 2. USING FICTITIOUS NAME AND CONCEALING TRUE NAME
the new felony. Max penalty prescribed by law for new felony 3. ILLEGAL USE OF UNIFORMS OR INSIGNIA
4. FALSE TESTIMONY AGAINST A DEFENDANT
First act may be punishable under SPL or RPC. However, the second act must 5. FALSE TESTIMONY FAVORABLE TO THE DEFENDANTS
be punishable under the RPC. It cannot be offset by ordinary mitigating 6. FALSE TESTIMONY IN CIVIL CASES
circumstance 7. FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION
8. OFFERING FALSE TESTIMONY IN EVIDENCE
Special mitigating/privileged mitigating circumstances together with the FRAUDS:
special aggravating circumstance which one should prevail? The penalty will 1. MACHINATIONS IN PUBLIC AUCTIONS
be lowered by one or two degrees but imposed on its maximum period 2. MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
3. IMPORTATION AND DISPOSITION OF FALSELY MARKED ARTICLES OR MERCHANDISE
MADE OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR THEIR ALLOYS
TITLE FOUR: CRIMES AGAINST PUBLIC INTEREST 4. SUBSISTING AND ALTERING TRADE-MARK, TRADE-NAMES, OR SERVICE MARKS
FORGERIES: 5. UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE-MARK, TRADE-
1. COUNTERFEITING THE GREAT SEAL OF THE GOVERNMENT OF THE PHILIPPINE NAME OR SERVICE MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE
ISLANDS, FORGING THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE DESCRIPTION
2. USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP
3. MAKING AND IMPORTING AND UTTERING FALSE COINS
4. MUTILATION OF COINS; IMPORTATION AND UTTERANCE OF MUTILATED COINS ARTICLE 171: FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL
5. SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE MINISTER
6. FORGING TREASURY OR BANK NOTES ON OTHER DOCUMENTS PAYABLE TO BEARER;
IMPORTING, AND UTTERING SUCH FALSE OR FORGED NOTES AND DOCUMENTS Article 171 public officer while article 172 private individual
7. COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO Difference capacity of the offender. But they constitute the same acts.
BEARER Public officer can still be held liable in 172 if he did not take advantage of his
8. ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER position or functions or when he has acted in his private capacity.
INSTRUMENTS OF CREDIT Article 183 know the difference between 171, 172 and 183
9. FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATEDOCUMENTS, Author cannot be ascertained (no evidence)
AND WIRELESS, TELEGRAPH, AND TELEPHONE MESSAGE
10. FALSIFICATION OF LEGISLATIVE DOCUMENTS
When is the user of the falsified documents deemed the author of the In falsification of legislative documents, the person is any person. The subject
falsification? in Art. 170 can be a bill, resolution, or ordinance enacted by the legislature or
Two requisites before presumption can be applied: pending approval by Congress or any local legislative bodies. What are these
1. 1 The user had the CAPACITY of falsifying the document local legislative bodies?
2. When the use was so CLOSELY CONNECTED IN TIME with the Provincial board, city and municipal council.
falsification
But rule will not apply when one in possession can hardly commit In Makati City for instance, what would be the local legislative body?
falsification. Ex. Involve highly technical matters and accused didnt Makati City Council.
graduate or reach grade two.
The offender in Art. 170 alters such bill, resolution, or ordinance. The word
X forged the signature of the president. What is the offense committed by X? alteration means what?
It depends on the nature of the document falsified. If the signature of the It should have a consequence of changing the meaning of the document.
president has been forged on a document which is supposed to have been
signed by him in his official capacity as Chief Executive, then it will be in But what if the alteration was made with the intention of reflecting the true
violation of Art. 161, which is forging the signature of the president. intent and meaning of the document. Would that constitute a violation of
Otherwise, it shall be falsification under Art. 171 if committed by a public Art. 170? In the first place, is there falsification in this case?
officer or employee and if committed by a private individual it will fall under No falsification (?)
Art. 172.
What if the offender was authorized to do so?
If X after forging the signature of the president used it, is he liable under Art. No, if the offender had proper authority therefor then the element of lack of
162? proper authority is lacking.
No, the offender must not be the forger otherwise, the crime committed is *DVI: The punishable acts in Art. 172 are the same in Art. 171. In Art. 172,
forgery under Art. 161. there is a provision on use of any of the false documents embraced in the next
preceding article and there is no equivalent provision in Art. 171.
What are the different kinds of documents that could be the subject of
falsification under the RPC? *DVI: How do you distinguish between Art. 171(4) and Art. 183. In 171(4), the
1. Public documents Any instrument authorized by a notary public or a falsification can be made in any instrument. In perjury, the document involved
competent public official with the solemnities required by law. is limited to an affidavit and must refer to a material fact. In 171(4), the
2. Official documents A document which is issued by a public official in the untruthful statement is made with the intention of damaging a third person. In
exercise of the functions of his office. 183, damage is not an element of the crime. In 172(4), there is only a legal
3. Commercial documents Any document defined and regulated by the obligation to declare the truth of the facts narrated by the offender. In 183, the
Code of Commerce or any other commercial laws. affidavit or sworn statement containing the falsity must be required by law.
4. Private documents A deed or instrument executed by a private person
without the intervention of a notary public or other person legally authorized
Art. 171(4) Art. 183
by which document some disposition or agreement is proved, evidenced or set
forth. *DVI: Those that sets forth a disposition between parties but does not Any document Affidavits or sworn
fall under the other classifications. statements only
*DVI: Take note that under the Rules of Court, there are only 2 kinds of
documents, to wit: public and private documents. Material fact (Regalado) Material fact

Under Article 172 or in falsification of a private document, damage or intent to
With intent to damage a third person (EXC: when Damage is not an
cause damage is an essential element.
the document falsified is a public document (P. v. element
How do you differentiate falsification under Article 171(4) and perjury under
Po Glok To))
Article 183?
Legal obligation to declare the truth of the facts Affidavit or sworn Falsification (Article 171(4)) Perjury (Article 183)
narrated by the offender statement is required by
law There is an absolutely false narration The offender falsely testified under
of facts in a document oath in a proceeding other than

judicial
If someone filed a certificate of candidacy, claiming that she is qualified to
run although she is not. Would that make the declaration liable for
The false narration of facts can be The document involved is limited to an
falsification?
made in any instrument affidavit, which must refer to a
--
material fact

But what if the alteration was made with the intention of reflecting the true The untruthful statement is made The same is not an element of the
intent or meaning of the document? Would that still constitute violation of with the intention of injuring a third crime
Article 170? person
Stated otherwise: If the alteration changes the meaning of the document to
reflect what the true intent of the proposed bill but made after it has been There is a legal obligation to declare The sworn statement containing the
adopted by the legislative body, is the accused still liable under Article 170? the truth of the facts in the offender falsity must be required by law
Yes, because the accused had no authority to do so. Check the elements under
Article 170.
The declarant said that he is qualified to run for the position in his certificate
If there is authority, then there is no liability. of candidacy and it turned out that it was not true. Is the declarant liable for
If there is no authority, then there is liability. falsification under Article 171(4)?
No, it is a conclusion of law. It is a mere opinion and not a narration of facts.
What if the problem showed that the alteration did not change the meaning An expression of an honest opinion done in good faith is a valid defense to
but the offender was never authorized to do so? What is the liability of the avoid liability of falsification. (see People v. Yanza)
offender?
Not liable under Article 170 because alteration, which changes the meaning of What if, in the abovementioned question, it is committed with mens rea?
the document, is an essential element. Change in the meaning of the The offender is liable for falsification.
document is what is punished under the law.
Regalado:
Article 171 and Article 172 same 8 punishable acts but with different What is required to be true is an assertion of fact by the accused. Hence,
offenders where the declarant stated in her certificate of candidacy that she was
Article 171 eligible for the public position, an inaccuracy therein could not hold her
Public officer did not take advantage of his official functions liable under liable for falsification as she was actually expressing only an opinion (People
Article 172 vs. Yanza, 107 Phil. 888). This was similar to the case of a claimant of land
What is the difference between Article 171 and Article 172, aside from the who asserted that he was entitled to the ownership thereof as it was only his
offenders? opinion for which he could not be held liable for falsification (People vs. San
Jose, 7 Phil. 604)
taking an arrest warrant or Art. 171 (Falsification by Public Officer, employee
Additional Notes: or notary or eccelesiastical minister). Take note of the liability of the accused
When is an offender not liable under Article 171(4)? where he committed falsification and estafa, when Art. 48 is applied, and when
1. No law requiring the making of such statement or the disclosure of it is absorbed.
certain facts.
2. There is a colorable truth in the statements made in the narration of First recall if the felony itself has provided for exclusion of the application of
fact. Art. 48. And what are these terms?
3. When the perversion of truth in the narration of facts was not made In addition to, without prejudice, or unless it will result to a different
with the wrongful intent of injuring a third person. offense.

*DVI: Falsification can be committed by imprudence. *DVI: Using a fictitious name must be availed of either to conceal a crime,
evade a judgment or cause damage to public interest. Take note that the
damage must be one affecting public interest. If the damage concerns private
ART. 172: FALSIFICATION BY PRIVATE INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS individuals or private interest, the offense could be estafa through the use of
fictitious name. If the use of the fictitious name is for the purpose of taking the
What are the acts punished under Article 172? place of a person serving sentence, meaning a convicted prisoner, the offender
Check codal. shall be liable for delivering prisoners from jail under Art. 156. The use of
*DVI: No crime of estafa through falsification of a private document the fictitious name will be absorbed. As to the convict who was displaced will be
crime is falsification of a document by a private individual guilty of evasion of service of sentence under Art. 157.
*DVI: Memorize the documents contemplated under Article 171.
There are three forms of false testimony: (1) in criminal cases, either for or
A private document is falsified to conceal the misappropriation of money and against the accused; (2) in civil cases either for or against nay party and, (3) in
such is already in possession of the offender. What is the crime? other cases, also known as perjury.
Estafa with abuse of confidence only. Estafa has already been committed and
consummated at the time of falsification of the private document. There is no In criminal cases, the penalty is dependent upon the sentence imposed.
longer any damage or intent to cause damage in the falsification of a private
document, assuming that the damage was caused by estafa. What if the accused is acquitted? What then is the basis of the penalty?
Would it mean that the offender is no longer liable for false testimony?
*DVI: Falsification is NOT a continuing offense. No, he will still be liable for arresto mayor or a fine not to exceed P1,000 as
provided under Art. 180(4).
When is the use of a falsified document also the author of the falsified
document?
2 requisites: (1) the use of the falsified document is closely connected in time ART. 180: FALSE TESTIMONY AGAINST A DEFENDANT
with the falsification; and (2) the user has the capacity of falsifying the
document. In Art. 180, the accused must be charged for a felony under the RPC not for
Absent any of these requisites, the presumption of authorship will not apply. an offense punished under special law. What then the liability of the
accused?
*DVI: Take note that falsification can also be a means to commit another He shall be liable under Art. 183.
felony. And if that is so, would you hold the offender liable both for falsification
and the other offense committed? For example, Article 129, in maliciously
*DVI: The false testimony need not be the direct cause for the accuseds *DVI: Title V has been repealed by R.A. 9165 or the Comprehensive Dangerous
conviction as long as the declarant gave that testimony with the intent to bring Drugs Act of 2002, which took effect on July 4, 2002. R.A. 9165 seems to be a
about his conviction. regular topic in the bar. Take note that the syllabus particularly mentioned or
listed 5 topics: 1. Punishable acts; 2. Conspiracywho are liable; 3. Attempt
Supposing the court sustained the defenses theory, this means that the and conspiracy; 4. Immunity; and 5. Custody. With respect to custody, that
theory of the prosecution was unbelievable. Does this mean that all the would refer to Sec. 21. Sec. 21 is what is known as the Chain of Custody Rule.
testimonies and evidence that were presented by the prosecution were false That has been asked twice.
and thus, all the witnesses are liable for false testimony?
No, otherwise the case will never end. After one case, magdedemanda In R.A. 9165, the law has effectedly done away with the terms use din the old
nanaman yung isa. Further, wala ng magtetestify. Thus, for reasons of public laws.
policy and for practical reasons, they will not be liable for false testimony.
However, if the making of false testimony was malicious, blatant, and TITLE FIVE: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS
garapalan then, I see no reason why the declarant will not be liable.
REPUBLIC ACT NO. 9165 June 7, 2002
*DVI: The current rule is that for perjury to exist there must be a deliberate AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
assertion of falsehood. It must be made under oath before a competent officer 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE
and the false declaration is with regard to a material matter and the statement DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS
is required by law. In the recent case of Villanueva v. Sec. of Justice, Nov. 18, THEREFOR, AND FOR OTHER PURPOSES
2005, the court A mere assertion of a false objective fact, a falsehood, is not
enough. The assertion must be deliberate and willful. Perjury being a felony by Punishable Acts:
dolo, there must be malice on the part of the accused. Willfully means 1. Importation of Dangerous Drugs and/or Controlled Precursors and
intentionally; with evil intent and legal malice, with the consciousness that the Essential Chemical (Sec. 4)
alleged perjurious statement is false with the intent that it should be received 2. Sale, Trading, Administration, Dispensation, Delivery, Distribution and
as a statement of what was true in fact. It is equivalent to knowingly. Transportation of Dangerous Drugs and/or Controlled Precursors and Essential
Deliberately implies meditated as distinguished from inadvertent acts. It must Chemicals (Sec. 5)
appear that the accused knows his statement to be false or as consciously 3. Maintenance of a Den, Dive or Resort. (Sec. 6)
ignorant of its truth. Perjury cannot be willful where the oath is according to 4. Employees and Visitors of a Den, Dive or Resort(Sec. 7)
belief or conviction as to its truth. A false statement of a belief is not perjury. 5. Manufacture of Dangerous Drugs and/or Controlled Precursors and
Bona fide belief in the truth of a statement is an adequate defense. A false Essential Chemicals (Sec. 8)
statement which is obviously the result of an honest mistake is not perjury. 6. Illegal Chemical Diversion of Controlled Precursors and Essential
A conviction for perjury cannot be sustained merely upon the contradictory Chemicals. (Sec. 9)
sworn statements of the accused. The prosecution must prove which of the two 7. Manufacture or Delivery of Equipment, Instrument, Apparatus, and
statements is false and must show the statement to be false by other evidence Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and
than the contradicting statement. Essential Chemicals. (Sec. 10)
8. Possession of Dangerous Drugs (Sec. 11)
Note that the crime of subornation of perjury is no longer in our statutes. What 9. Possession of Equipment, Instrument, Apparatus and Other
then would be the liability of the offender in subornation? He would instead be Paraphernalia for Dangerous Drugs (Sec. 12)
considered as principal by inducement in perjury. 10. Possession of Dangerous Drugs During Parties, Social Gatherings or
Meetings (Sec. 13)
11. Possession of Equipment, Instrument, Apparatus and Other testimony were given, and may plead or prove the giving of such information
Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or and testimony in bar of such prosecution: Provided, That the following
Meetings(Sec. 14) conditions concur:
12. Use of Dangerous Drugs (Sec. 15) (1) The information and testimony are necessary for the conviction of the
13. Cultivation or Culture of Plants Classified as Dangerous Drugs or are persons described above;
Sources Thereof. (Sec. 16) (2) Such information and testimony are not yet in the possession of the State;
14. Maintenance and Keeping of Original Records of Transactions on (3) Such information and testimony can be corroborated on its material points;
Dangerous Drugs and/or Controlled Precursors and Essential Chemicals (Sec. (4) the informant or witness has not been previously convicted of a crime
17) involving moral turpitude, except when there is no other direct evidence
15. Unnecessary Prescription of Dangerous Drugs(Sec. 18) available for the State other than the information and testimony of said
16. Unlawful Prescription of Dangerous Drugs (Sec. 19) informant or witness; and
*DVI: Note the punishable acts and those who are liable under RA 9165 (5) The informant or witness shall strictly and faithfully comply without delay,
any condition or undertaking, reduced into writing, lawfully imposed by the
*DVI: IMPORTANT PROVISIONS State as further consideration for the grant of immunity from prosecution and
punishment.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the
following unlawful acts shall be penalized by the same penalty prescribed for Provided, further, That this immunity may be enjoyed by such informant or
the commission of the same as provided under this Act: witness who does not appear to be most guilty for the offense with reference
(a) Importation of any dangerous drug and/or controlled precursor and to which his/her information or testimony were given: Provided, finally, That
essential chemical; there is no direct evidence available for the State except for the information
(b) Sale, trading, administration, dispensation, delivery, distribution and and testimony of the said informant or witness.
transportation of any dangerous drug and/or controlled precursor and
essential chemical; *DVI: MEMORIZE: CHAIN OF CUSTODY RULE
(c) Maintenance of a den, dive or resort where any dangerous drug is used in
any form; Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered
(d) Manufacture of any dangerous drug and/or controlled precursor and Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
essential chemical; and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment.
(e) Cultivation or culture of plants which are sources of dangerous drugs. The PDEA shall take charge and have custody of all dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential chemicals, as
Section 33. Immunity from Prosecution and Punishment. Notwithstanding well as instruments/paraphernalia and/or laboratory equipment so
the provisions of Section 17, Rule 119 of the Revised Rules of Criminal confiscated, seized and/or surrendered, for proper disposition in the following
Procedure and the provisions of Republic Act No. 6981 or the Witness manner:
Protection, Security and Benefit Act of 1991, any person who has violated (1) The apprehending team having initial custody and control of the drugs
Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who voluntarily gives shall, immediately after seizure and confiscation, physically inventory and
information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II photograph the same in the presence of the accused or the person/s from
of this Act as well as any violation of the offenses mentioned if committed by a whom such items were confiscated and/or seized, or his/her representative or
drug syndicate, or any information leading to the whereabouts, identities and counsel, a representative from the media and the Department of Justice (DOJ),
arrest of all or any of the members thereof; and who willingly testifies against and any elected public official who shall be required to sign the copies of the
such persons as described above, shall be exempted from prosecution or inventory and be given a copy thereof;
punishment for the offense with reference to which his/her information of
(2) Within twenty-four (24) hours upon confiscation/seizure of dangerous not constitute an admission of guilt. In case the said offender or accused
drugs, plant sources of dangerous drugs, controlled precursors and essential refuses or fails to appoint a representative after due notice in writing to the
chemicals, as well as instruments/paraphernalia and/or laboratory equipment, accused or his/her counsel within seventy-two (72) hours before the actual
the same shall be submitted to the PDEA Forensic Laboratory for a qualitative burning or destruction of the evidence in question, the Secretary of Justice
and quantitative examination; shall appoint a member of the public attorney's office to represent the former;
(7) After the promulgation and judgment in the criminal case wherein the
(3) A certification of the forensic laboratory examination results, which shall be representative sample/s was presented as evidence in court, the trial
done under oath by the forensic laboratory examiner, shall be issued within prosecutor shall inform the Board of the final termination of the case and, in
twenty-four (24) hours after the receipt of the subject item/s: Provided, That turn, shall request the court for leave to turn over the said representative
when the volume of the dangerous drugs, plant sources of dangerous drugs, sample/s to the PDEA for proper disposition and destruction within twenty-
and controlled precursors and essential chemicals does not allow the four (24) hours from receipt of the same; and
completion of testing within the time frame, a partial laboratory examination
report shall be provisionally issued stating therein the quantities of dangerous (8) Transitory Provision: a) Within twenty-four (24) hours from the effectivity
drugs still to be examined by the forensic laboratory: Provided, however, That of this Act, dangerous drugs defined herein which are presently in possession
a final certification shall be issued on the completed forensic laboratory of law enforcement agencies shall, with leave of court, be burned or
examination on the same within the next twenty-four (24) hours; destroyed, in the presence of representatives of the Court, DOJ, Department
of Health (DOH) and the accused/and or his/her counsel, and, b) Pending the
(4) After the filing of the criminal case, the Court shall, within seventy-two (72) organization of the PDEA, the custody, disposition, and burning or destruction
hours, conduct an ocular inspection of the confiscated, seized and/or of seized/surrendered dangerous drugs provided under this Section shall be
surrendered dangerous drugs, plant sources of dangerous drugs, and implemented by the DOH.
controlled precursors and essential chemicals, including the
instruments/paraphernalia and/or laboratory equipment, and through the *DVI: STUDY THE AMENDMENT INTRODUCED BY RA 10640
PDEA shall within twenty-four (24) hours thereafter proceed with the
destruction or burning of the same, in the presence of the accused or the [REPUBLIC ACT NO. 10640]
person/s from whom such items were confiscated and/or seized, or his/her AN ACT TO FURTHER STRENGTHEN THE ANTI-DRUG CAMPAIGN OF THE
representative or counsel, a representative from the media and the DOJ, civil GOVERNMENT, AMENDING FOR THE PURPOSE SECTION 21 OF REPUBLIC ACT
society groups and any elected public official. The Board shall draw up the NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS
guidelines on the manner of proper disposition and destruction of such item/s DRUGS ACT OF 2002
which shall be borne by the offender: Provided, That those item/s of lawful SECTION 1. Section 21 of Republic Act No. 9165, otherwise known as the
commerce, as determined by the Board, shall be donated, used or recycled for Comprehensive Dangerous Drugs Act of 2002, is hereby amended to read as
legitimate purposes: Provided, further, That a representative sample, duly follows:
weighed and recorded is retained;
(5) The Board shall then issue a sworn certification as to the fact of destruction SEC. 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered
or burning of the subject item/s which, together with the representative Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and
sample/s in the custody of the PDEA, shall be submitted to the court having Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment.
jurisdiction over the case. In all instances, the representative sample/s shall be The PDEA shall take charge and have custody of all dangerous drugs, plant
kept to a minimum quantity as determined by the Board; sources of dangerous drugs, controlled precursors and essential chemicals, as
well as instruments/paraphernalia and/or laboratory equipment so
(6) The alleged offender or his/her representative or counsel shall be allowed confiscated, seized and/or surrendered, for proper disposition in the following
to personally observe all of the above proceedings and his/her presence shall manner:
(1) The apprehending team having initial custody and control of the ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
dangerous drugs, controlled precursors and essential chemicals, (P10,000,000.00) shall be imposed upon any person, who, unless authorized by
instruments/paraphernalia and/or laboratory equipment shall, immediately law, shall sell, trade, administer, dispense, deliver, give away to another,
after seizure and confiscation, conduct a physical inventory of the seized items distribute dispatch in transit or transport any dangerous drug, including any
and photograph the same in the presence of the accused or the person/s from and all species of opium poppy regardless of the quantity and purity involved,
whom such items were confiscated and/or seized, or his/her representative or or shall act as a broker in any of such transactions.
counsel, with an elected public official and a representative of the National
Prosecution Service or the media who shall be required to sign the copies of The penalty of imprisonment ranging from twelve (12) years and one (1) day to
the inventory and be given a copy thereof: Provided, That the physical twenty (20) years and a fine ranging from One hundred thousand pesos
inventory and photograph shall be conducted at the place where the search (P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
warrant is served; or at the nearest police station or at the nearest office of upon any person, who, unless authorized by law, shall sell, trade, administer,
the apprehending officer/team, whichever is practicable, in case of warrantless dispense, deliver, give away to another, distribute, dispatch in transit or
seizures: Provided, finally, That noncompliance of these requirements under transport any controlled precursor and essential chemical, or shall act as a
justifiable grounds, as long as the integrity and the evidentiary value of the broker in such transactions.
seized items are properly preserved by the apprehending officer/team, shall
not render void and invalid such seizures and custody over said items. If the sale, trading, administration, dispensation, delivery, distribution or
(Emphasis supplied) transportation of any dangerous drug and/or controlled precursor and
x x x essential chemical transpires within one hundred (100) meters from the
(3) A certification of the forensic laboratory examination results, which shall school, the maximum penalty shall be imposed in every case.
be done by the forensic laboratory examiner, shall be issued immediately upon
the receipt of the subject item/s: Provided, That when the volume of For drug pushers who use minors or mentally incapacitated individuals as
dangerous drugs, plant sources of dangerous drugs, and controlled precursors runners, couriers and messengers, or in any other capacity directly connected
and essential chemicals does not allow the completion of testing within the to the dangerous drugs and/or controlled precursors and essential chemical
time frame, a partial laboratory examination report shall be provisionally trade, the maximum penalty shall be imposed in every case.
issued stating therein the quantities of dangerous drugs still to be examined by
the forensic laboratory: Provided, however, That a final certification shall be If the victim of the offense is a minor or a mentally incapacitated individual, or
issued immediately upon completion of the said examination and certification; should a dangerous drug and/or a controlled precursor and essential chemical
x x x. involved in any offense herein provided be the proximate cause of death of a
victim thereof, the maximum penalty provided for under this Section shall be
*Note: RA 9165 did not make use of the terms in the old law (RA 6425). imposed.
Presently, the terms used are dangerous drugs and/or precursors. However, the The maximum penalty provided for under this Section shall be imposed upon
doctrines under the old law remain valid. any person who organizes, manages or acts as a "financier" of any of the illegal
activities prescribed in this Section.
The Rule on Possession
The law is not limited to actual or physical possession because it covers The penalty of twelve (12) years and one (1) day to twenty (20) years of
constructive possession. imprisonment and a fine ranging from One hundred thousand pesos
(P100,000.00) to Five hundred thousand pesos (P500,000.00) shall be imposed
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution upon any person, who acts as a "protector/coddler" of any violator of the
and Transportation of Dangerous Drugs and/or Controlled Precursors and provisions under this Section.
Essential Chemicals. - The penalty of life imprisonment to death and a fine
Section 15. Use of Dangerous Drugs. A person apprehended or arrested, who (2) Imprisonment of twenty (20) years and one (1) day to life imprisonment
is found to be positive for use of any dangerous drug, after a confirmatory test, and a fine ranging from Four hundred thousand pesos (P400,000.00) to Five
shall be imposed a penalty of a minimum of six (6) months rehabilitation in a hundred thousand pesos (P500,000.00), if the quantities of dangerous drugs
government center for the first offense, subject to the provisions of Article VIII are five (5) grams or more but less than ten (10) grams of opium, morphine,
of this Act. If apprehended using any dangerous drug for the second time, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana resin
he/she shall suffer the penalty of imprisonment ranging from six (6) years and oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs
one (1) day to twelve (12) years and a fine ranging from Fifty thousand pesos such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and
(P50,000.00) to Two hundred thousand pesos (P200,000.00): Provided, That those similarly designed or newly introduced drugs and their derivatives,
this Section shall not be applicable where the person tested is also found to without having any therapeutic value or if the quantity possessed is far beyond
have in his/her possession such quantity of any dangerous drug provided for therapeutic requirements; or three hundred (300) grams or more but less than
under Section 11 of this Act, in which case the provisions stated therein shall five (hundred) 500) grams of marijuana; and
apply. (3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and
a fine ranging from Three hundred thousand pesos (P300,000.00) to Four
Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment hundred thousand pesos (P400,000.00), if the quantities of dangerous drugs
to death and a fine ranging from Five hundred thousand pesos (P500,000.00) are less than five (5) grams of opium, morphine, heroin, cocaine or cocaine
to Ten million pesos (P10,000,000.00) shall be imposed upon any person, who, hydrochloride, marijuana resin or marijuana resin oil, methamphetamine
unless authorized by law, shall possess any dangerous drug in the following hydrochloride or "shabu", or other dangerous drugs such as, but not limited to,
quantities, regardless of the degree of purity thereof: MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly designed or
(1) 10 grams or more of opium; newly introduced drugs and their derivatives, without having any therapeutic
(2) 10 grams or more of morphine; value or if the quantity possessed is far beyond therapeutic requirements; or
(3) 10 grams or more of heroin; less than three hundred (300) grams of marijuana.
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu"; Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential
(6) 10 grams or more of marijuana resin or marijuana resin oil; Chemicals. - The penalty of imprisonment ranging from twelve (12) years and
(7) 500 grams or more of marijuana; and one (1) day to twenty (20) years and a fine ranging from One hundred
(8) 10 grams or more of other dangerous drugs such as, but not limited to, thousand pesos (P100,000.00) to Five hundred thousand pesos (P500,000.00)
methylenedioxymethamphetamine (MDA) or "ecstasy", shall be imposed upon any person, who, unless authorized by law, shall
paramethoxyamphetamine (PMA), trimethoxyamphetamine (TMA), lysergic illegally divert any controlled precursor and essential chemical.
acid diethylamine (LSD), gamma hydroxyamphetamine (GHB), and those
similarly designed or newly introduced drugs and their derivatives, without Section 92. Delay and Bungling in the Prosecution of Drug Cases. Any
having any therapeutic value or if the quantity possessed is far beyond government officer or employee tasked with the prosecution of drug-related
therapeutic requirements, as determined and promulgated by the Board in cases under this act, who, through patent laxity, inexcusable neglect,
accordance to Section 93, Article XI of this Act. unreasonable delay or deliberately causes the unsuccessful prosecution and/or
dismissal of the said drug cases, shall suffer the penalty of imprisonment
Otherwise, if the quantity involved is less than the foregoing quantities, the ranging from twelve (12) years and one (1) day to twenty (20) years without
penalties shall be graduated as follows: prejudice to his/her prosecution under the pertinent provisions of the Revised
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos Penal Code.
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but Section 29. Criminal Liability for Planting of Evidence. Any person who is
less than fifty (50) grams; found guilty of "planting" any dangerous drug and/or controlled precursor and
essential chemical, regardless of quantity and purity, shall suffer the penalty of Under Sec. 4, the importation is unauthorized and illegal. While in Sec. 9, the
death. importation is legitimate. The elements of Sec. 9 are:
1. The controlled precursors or chemicals were legitimately imported; and
Section 3. Definitions. As used in this Act, the following terms shall mean: 2. The same were thereafter sold or distributed to a person or entity engaged
(ee) Protector/Coddler. Any person who knowingly and willfully consents to in the manufacturer of any dangerous drugs.
the unlawful acts provided for in this Act and uses his/her influence, power or
position in shielding, harboring, screening or facilitating the escape of any Sec. 5 Sale, trading, administration, dispensation, delivery, distribution and
person he/she knows, or has reasonable grounds to believe on or suspects, has transportation of dangerous drugs and/or controlled precursors and
violated the provisions of this Act in order to prevent the arrest, prosecution essential chemicals
and conviction of the violator. Although Sec. 5 provides that illegal transportation of illegal drugs may be
committed regardless of the quantity of the drugs, the offender however, after
*DVI: Implies he is as an accessory but under RA 9165 he is a principal. being charged with transportation may be convicted instead of possession of
*DVI: Check the BAR SYLLABUS for important SPL provisions. dangerous drugs under Sec. 11 IF the drug being transported is NOT of large or
considerable quantity. This is so because it will indicate that the offender is
What is the rule with respect to corpus delicti in drug cases? merely a user rather than a pusher. Thus, in People v. Claudio, the Court ruled
Evidence of the commission of the act itself and no the ransom money, that 1.1 kgs of marijuana placed in 3 plastic bags is a considerably quantity
cadaver, etc. justifying offenders conviction for illegal transportation and not merely
possession of dangerous drugs. Also, despite of the malum prohibitum
BUT in drug cases corpus delicti is the DRUG ITSELF. character of illegal delivery, it is incumbent upon the prosecution to prove all
If the drug itself is not produced, then such would be fatal with regard to the elements of the offense, which includes knowingly passing a dangerous drugs.
prosecutions case against the accused. Knowledge is essential. And failure to establish knowledge by the offender will
warrant his acquittal.
Note that Articles 190-194 has been repealed by the Comprehensive
Dangerous Drugs Act of 2002 or R.A. No. 6425. Currently, for purposes of Title Sec. 11 Possession of dangerous drugs
V, study the R.A. No. 9165. This is our principal law on dangerous drugs. Note Correlate Sec. 11 with Sec. 15. Possession is a punishable act with penalties
further that R.A. No. 9165, Sec. 21 has been amended by R.A. No. 10640. Sec. provided under Sec. 11. Use of dangerous drugs is also a punishable act with
21 refers to the chain custody rule. specific penalties provided under Sec. 15.
If a person is arrested and subjected to drug test or confirmatory test and the
Punishable acts begin with Sec. 4. Dangerous drugs and/or controlled result ruled him to be positive for meth and at the time of his arrest he was
precursors and essential chemicals superseded the term prohibited drugs in found in possession of 5 sachets of shabu. Would this mean that the offender
the previous law. If you would come across decisions of the SC released lately should be held liable for both Sec. 11 and Sec. 15?
and would notice that the terms being used by the Court would still be By virtue of the last sentence of Sec. 15, the offender would instead be liable
prohibited or regulated drugs and not controlled precursors, it is because only for Sec. 11 and not Sec. 15.
the cases although just recently disposed of were prosecuted during the time
when the previous law was in force. A was arrested for extortion and the arresting policeman ordered a
confirmatory test, the result was positive. May he be found liable for
Sec. 4 Importation of dangerous drugs and/or controlled precursors and extortion as well as Sec. 15?
essential chemicals Sec. 15 cannot be availed of by the authorities for any crime that is committed
Importation of dangerous drugs, correlate it with illegal chemical diversion of and for which he was arrested. It has to be in relation to a crime punished by
(Sec. 9). This is a new offense. R.A. No. 9165. Thus, if a similar question is asked in the bar where the offender
is caught in flagrante delicto and the test was administered over his objection, No, since the natural sex of the prostitute is male, regardless of a sex
answer that the SC held in the negative. Remember that it must be in relation reassignment. Legally, the prostitutes sex under his birth certificate is still
to a crime punished under R.A. No. 9165. male. See Silvero v. Republic.

Recall the subject of attempted stage and conspiracy. Conspiracy has two What if the crime involved is rape under Art. 266-A?
concepts: as a mode of incurring criminal liability and as a crime in itself. Under He cannot be charged for rape under Art. 266-A, with respect to the first
R.A. No. 9165, these concepts of attempted warranting a reduced penalty or mode.
conspiracy if not punishable will not warrant a charge for the offender under
Sec. 26, an attempt or conspiracy to commit: The prosecutor should amend the charge to conform with the evidence
(a) Importation of any dangerous drug and/or controlled precursor and obtained so the second mode of rape is contemplated, if the accused is a
essential chemical; (Sec. 4) transgender because he is really a man.
(b) Sale, trading, administration, dispensation, delivery, distribution and
transportation of any dangerous drug and/or controlled precursor and *DVI: Remember that ones gender is determined at the time of birth.
essential chemical; (Sec. 5)
(c) Maintenance of a den, dive or resort where any dangerous drug is used in
any form; (Sec. 6) TITLE SEVEN
(d) Manufacture of any dangerous drug and/or controlled precursor and CRIMES COMMITTED BY PUBLIC OFFICERS
essential chemical; and (Sec. 8) MALFEASANCE AND MISFEASANCE IN OFFICE:
(e) Cultivation or culture of plants which are sources of dangerous drugs (Sec. 1. KNOWINGLY RENDERING UNJUST JUDGMENT
16) 2. JUDGMENT RENDERED THROUGH NEGLIGENCE
shall have the same penalty for the consummated covered offenses. So the 3. UNJUST INTERLOCUTORY ORDER
penalty for a consummated punishable act would be the same for an attempt 4. MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE
to commit these felonies. Mere conspiracy to commit these punishable acts 5. PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
would warrant imposition of the same penalty for the consummated stage of 6. BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR
the act. That is the reason why the topic of attempt or conspiracy was included 7. DIRECT BRIBERY
in the syllabus. It seemed to be an exemption to the principles under Criminal 8. INDIRECT BRIBERY
Law 1. 9. QUALIFIED BRIBERY
10. CORRUPTION OF PUBLIC OFFICIALS
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS:
ART. 202: VAGRANTS AND PROSTITUTES 1. FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES
2. OTHER FRAUDS
Limited application 3. PROHIBITED TRANSACTIONS
Vagrancy has already been decriminalized RA 10158 4. POSSESSION OF PROHIBITED INTEREST BY A PUBLIC OFFICER
Prostitution is still punishable MALVERSATION OF PUBLIC FUNDS OR PROPERTY:
Only female prostitutes are covered by Art. 202 1. MALVERSATION OF PUBLIC FUNDS OR PROPERTY; PRESUMPTION OF
A single instance of sexual intercourse for consideration is not prostitution. MALVERSATION
There must be habituality. 2. FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS
3. FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
What if the person involved is a transgender prostitute? Will he be criminally THE COUNTRY
liable for prostitution? 4. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
5. FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY *DVI: BE VERY FAMILIAR WITH CHAPTER 4.
6. OFFICERS INCLUDED IN THE PRECEDING PROVISIONS
INFIDELITY OF PUBLIC OFFICERS:
1. CONNIVING WITH OR CONSENTING TO EVASION ART. 208: PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE
2. EVASION THROUGH NEGLIGENCE
3. ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER *DVI: Art. 208 take note of the case US v. Mendoza, where it was held:
4. REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS The guilt of the alleged violator of the law, whose offense was not prosecuted
5. OFFICER BREAKING SEAL or was tolerated by the aforesaid public officer, is a prejudicial question and
6. OPENING OF CLOSED DOCUMENTS must be established before the latter can be prosecuted under Art. 208
7. REVELATION OF SECRETS BY AN OFFICER Take further note that officers or agents of the BIR who fail to report to their
8. PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL superiors violations of the Tax Code are punishable thereunder.
9. OPEN DISOBEDIENCE
10. DISOBEDIENCE TO ORDER OF SUPERIOR OFFICERS, WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICE ARTS. 210 AND 2011: DIRECT AND INDIRECT BRIBERY
11. REFUSAL OF ASSISTANCE
12. REFUSAL TO DISCHARGE ELECTIVE OFFICE Art. 210 and Art. 211: Direct and Indirect Bribery
13. MALTREATMENT OF PRISONERS *DVI: These are the most important provisions illustrating malfeasance.
14. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
15. PROLONGING PERFORMANCE OF DUTIES AND POWERS *DVI: Note that in the case of U.S. v Mendoza, the guilt of the alleged violator
16. ABANDONMENT OF OFFICE OR POSITION of the law, whose offense was not prosecuted or was tolerated by the aforesaid
17. USURPATION OF LEGISLATIVE POWERS public officer, is a prejudicial question and must first be established before the
18. USURPATION OF EXECUTIVE FUNCTIONS latter can be prosecuted under Art. 208.
19. USURPATION OF JUDICIAL FUNCTIONS
20. DISOBEYING REQUEST FOR DISQUALIFICATION Note that for officers of the BIR and BOC, they will not be prosecuted under
21. ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY dereliction of duty but in accordance with other specific laws.
22. UNLAWFUL APPOINTMENTS There are three ways to commit direct bribery:
23. ABUSES AGAINST CHASTITY; PENALTIES 1. Agreeing to perform or by performing in consideration of any offer,
promise, gift, or present an act constituting a crime BUT must be in connection
Is nonfeasance covered by Title VII? with the performance of his duties.
Yes. Although Chapter 2 has limited the subject to malfeasance and 2. Accepting of a gift in consideration for a commission of an act which
misfeasance, nonfeasance is likewise included in Title VII of the RPC. does not constitute a crime, connected to office
3. By refraining which is his duty to perform in consideration of gift
Note: Note that all types require in consideration.
Malfeasance an unlawful act
Misfeasance performing a lawful act but in an unlawful manner As to the second mode accepting a gift in consideration of an act not
Nonfeasance non-performance of a required act constituting a crime. Give an example.
Example of nonfeasance: Art. 208 dereliction of duty; note that the same act U.S. v. Gacutan. Clerk of court was asked to remove the case from the bottom
can be prosecuted under special laws such as PD 1829 (Obstruction of Justice) of the pile and place it to the top in consideration for dinner and then some. It
and RA 9165 (Comprehensive Dangerous Drugs Act of 2002) isnt a crime per se, but it is unjust.

DVI: Take note of the elements of bribery. The offender must be a public negligence; it must be inexcusable negligence. But what about ignorance?
officer within the scope of Art. 203. We said that 203 will refer to who are What is the degree of ignorance required? He shouldnt be a judge then. He
public officers. Second, the offender accepts an offer or promise or receives a will be booted out of the service
gift or present by himself or through another, so its not required that the
public officer himself shall personally receive the gift or present. Third, such In 206, there must be inexcusable negligence or ignorance. But mere delay
offer or promise must be accepted by the PO with the view of committing a without malice in rendering judgment will not render the judge liable for 207.
crime, or an act not constituting a crime, or to refrain from doing his duty.
Fourth, is that the act must be connected to public office. If not connected, it Why is there is no complex crime?
may be an act punishable under another article. When the employee charged and collected, there is already a consummated
punishable act of extraction.
What will be the liability, if any, if the public officer refuses to accept the The crimes committed in the problem with regard to the treasurer:
bribe? 1. Illegal exaction
If the PO refuses to be bribed, the offeror alone shall be liable, not for 2. 2 counts of falsification because 1 pertains to the original copy and the
attempted bribery, but attempted corruption of a public official under Art. other pertains to the duplicate original copy.
212. 3. Malversation and estafa. With respect to the amount of tax due, the same
Another principle: Bribery cannot be complexed or even absorbed by other being public funds which he misappropriated, the crime would be
crimes, as the penalty in Bribery is in addition to the penalty for those malversation. With respect to the excess of P10,000 or the tax due, it being
crimes. private funds, the crime would be estafa.

Art. 211 is Indirect Bribery. What will be the principle distinction between Will you not involve art. 48 here?
Direct Bribery and Indirect Bribery? No, it does not because the illegal exaction did not constitute two or more
The principal distinction between Direct and Indirect bribery is that in Direct grave or less grave felonies; neither was the falsification a necessary means for
Bribery, there is an agreement between the PO and the giver of the gift. In committing the other crime.
Indirect Bribery, usually no such agreement exists.
When he committed falsification, illegal exaction was already consummated.
It is qualified bribery if the officer refrains from arresting an offender of a Subsequently, when he falsified, it was not a mode or means of obtaining the
crime punishable by reclusion perpetua to death in consideration of a gift. amount from the tax payer. The falsification here is an act of hiding or covering
up the crime, which constitute a separate offense.
Misfeasances would refer to 204, 205, 206, and 207. And they are
misfeasances in office that judges can commit - members of the judiciary. Chelle: Does Sir disagree with Reyes in p.420 given that Reyes is of the
What are they? Knowingly rendering unjust judgment, rendering judgment opinion that the whole tax paid by the taxpayer is already considered public
through negligence, rendering unjust interlocutory order, and malicious delay funds without regard to the difference between actual amount and the
in the administration of justice. In 204, take note of the case of Sta. Maria v. amount received?
Ubay (87 SCRA 179). The judge must be aware that the judgment is unjust. An Take note that in the problem, the P10,000 private fund was never turned over
unjust judgment is rendered knowingly if it is made deliberately and to the treasurers office. In fact, by the duplicate original copy of the receipt
maliciously. Take note of the term deliberate and malicious because if by (which is the copy of the Government) that he issued, P10,000 lang talaga.
chance malice is absent, then there would be no liability. It would be more of That will not apply. It would be different had the entire amount been entered
ignorance or negligence, in which case, 205 will apply rendering judgment by and reflected in the books of account. Distinguish whether pinasok niya thus,
negligence. Here, the judgment must be manifestly unjust. And there must be making it a public fund.
inexcusable negligence or ignorance. It will not apply if there is simple
*DVI: Note the following elements for illegal exaction: kinuha na. Formally offered na eh.) Thereafter, the clerk of court pulled out
1. The offender is an accountable public officer; from the record these 10 P10,000 bills and misappropriated the same. What
2. He is responsible for the misappropriation of public funds or property crimes were committed by the clerk of court?
through intent or negligence See p. 534 of Regalado: Where the amount of P1,000 was deposited as
3. He has custody of and receives such funds and property by reason of his evidence in a case, and the same was peculated by the cashier, the crime was
office. held to be infidelity in the custody of public documents (Art. 226). Since the
In the absence of any of these elements, the crime may be estafa or theft. same were considered as documentary exhibits and not money, it was not
malversation (People v. Abraham). If the case was already terminated and the
money was no longer needed as evidence and was directed to be released to
ART. 217: MALVERSATION OF PUBLIC FUNDS OR PROPERTY the proper claimant, the crime would be malversation if misappropriate by the
custodian.
May a private individual commit malversation?
Yes (a) if he has charge of public funds or property deposited with him by On prima facie evidence of malversation; the prima facie evidence however,
government authority, or (b) if he acts in conspiracy or cooperates with, or may be rebutted by the accused upon showing that he did not use the funds
aids and induces, an accountable public officer to commit malversation for personal use.
(People v. Sendaydiego, et al., G.R. No L-32252-54)
Actual misappropriation is not required under 218 but if there is malversation
May private funds be the subject of malversation? by the officer, he will be liable in addition to his liability under Art. 218 (US v
1. The source of the fund, whether national, provincial, municipal and so Saberon).
forth; or
2. Whether is in the custody of an officer for a public purpose The departure from the country under 219 must be against the law or was
3. If it is in the custody of an officer under the duty to account for the same, unauthorized under the term unlawfully under the law.
as in the case of a depository of funds or property under attachment (Art.
222), proceeds of Philippine Charity Sweepstakes tickets entrusted to its What is technical malversation?
traveling sales agent (People v. Angco), or money received by the sheriff as Art. 220. Any public officer who shall apply any public fund or property under
redemption price (People v. Benito). his administration to any public use other than for which such fund or property
were appropriated by law or ordinance if by reason of such misapplication, any
An example is the Coco Levy Fund, which is a fund of public character. damages or embarrassment shall have resulted to the public service.
However, the Court flip-flops every now and then as to the funds character. DVI: But if diverted to personal use, then the crime committed is malversation
under Art. 217.
How about the funds of the Boy Scouts of the Philippines?
These are public funds according to People v. Velasquez.
ART. 221: FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY
When a public officer had no authority to receive the money for the
government and he misappropriated it, the public officer shall be liable for What are the elements under Art. 221, failure to make payment?
estafa not malversation. (US v. Solis) 1. That the public officer has Government funds in his possession;
2. That he is under obligation to make payment from such funds; and
The defendant marked in evidence 10 P1,000 bills. The Court marked them 3. That he fails to make the payment maliciously.
accordingly as exhibits 1-10. Thereafter, the clerk of court took custody of
the 10 P1,000 bills because it was offered in evidence (minarkahan na so
SECTION 1: INFIDELITY IN THE CUSTODY OF PRISONERS under Art. 208, prevaricacion or betrayal of trust for tolerating the offense
(maliciously tolerating commission of the crime under Art. 208).
The infidenlity in the custody of prisoners is committed by a public officer who
has custody of prisoner. It may also be committed by a privte individual under If a public officer shall submit his resignation to the appointing authority and
the circumstances in Art. 225. Here, the custody is confided to a private person the following day refused to report for work when his resignation has not yet
and the prisoner has escaped through his consent or negligence. been accepted. What will be the liability of such officer?
Article 228 Abandonment of Office.
What if the public officer designated by the officer as a irrevocable
SEC. 2: INFIDEILITY IN THE CUSTODY OF DOCUMENTS resignation? Is it still abandonment of office?
Yes.
What is the liability of a public officer who shall reveal secrets affecting
public interest and causing damage to public interest such as when such Why force a person to report for office when it is already against his will?
public officer enters a military relating national security and reveals to The purpose of the law for acceptance is to avoid a stoppage in public service.
foreign? What if the reason is health? Does this still require acceptance?
Espionage. Art. 229 refers to the revelation of secrets by an officer affecting Yes.
and causing damage to public interest. If it is revelation of secrets of private
individuals, Art. 230 applies. And if the offender reveals a secret of the State in What are the elements?
connivance with foreign agents, the offense is espionage. 1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted; and
CHAPTER SIX: OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS 4. That he abandons his office to the detriment of the public service.
Chapter 6 is other offenses or irregularities. Note that Art. 231 or open *DVI: The defense would be that the functions of the office are assured and
disobedience can only be committed by judicial or executive officers. continuous. Then you can say that you avoided the stoppage of public service.
Legislative officers are exempt from liability. Note that if the purpose of the abandonment is to evade the duty of preventing
prosecuting or punishing any other crime under Title 1, the penalty is higher.
See RA 9745 special law on anti-torture. Correlate with the RPC dealing
with maltreatment of prisoners. When is one liable under the RPC and when What is the liability of an officer in a police station who shall propose
is he liable under special law? indecent proposal to X, whose son was in the custody of the police officer.
Art. 235 is committed by any public officer or employee who shall overdo Ill see you in the motel, doon na tayo magusap. Is the officer liable under
himself in the correction or handling of a prisoner or detenetion prisoner 245?
under this charge. Take note that the penalty under 235 shall be IN ADDITION No. Mother not included in the enumeration. Follow strict interpretation.
to the penalty for the physical injuries or damage caused. Thus this is taken out Note that mere solicitation consummates the crime.
of the ambit of Art. 48.

If the victim was not incarcerated and the purpose was to extort a confession TITLE EIGHT
from him, the crime is coercion. But if the victim is incarcerated or under CRIMES AGAINST PERSONS
detention or custody when he was maltreated by the person having custody of DESTRUCTION OF LIFE:
him, then it is maltreatment under Art. 235. If the custodian did not maltreat 1. PARRICIDE
the prisoner but allowed a third person to do so, the custodian will be liable 2. DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES
3. MURDER 4
4. HOMICIDE The offended spouse will be charged accordingly for parricide, homicide. It will
5. DEATH CAUSED IN A TUMULTUOUS AFFRAY be up to the court if there is proper application of Art. 247.
6. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY
7. GIVING ASSISTANCE TO SUICIDE Does Art. 247 refer to the discovery of a carnal act immediately made
8. DISCHARGE OF FIREARMS thereafter ?
9. INFANTICIDE It is not necessary that there is a carnal act being committed. It is sufficient
10. INTENTIONAL ABORTION that offended spouse surprised them committing or have just committed the
11. UNINTENTIONAL ABORTION act.
12. ABORTION PRACTICED BY THE WOMAN HERSELF OF BY HER PARENTS
13. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES What can we get from People v. Abarca (G.R. No. 74433, September 1987)?
14. RESPONSIBILITY OF PARTICIPANTS IN A DUEL One hour passed from the time of discovery that his wife was in the act of
15. CHALLENGING TO A DUEL carnal knowledge with another man to the time the accused went to look for a
PHYSICAL INJURIES: weapon, returned to look for the accused until he saw him inside a house
1. MUTILATION playing mahjong. Article 247 was applied because although an interval of time
2. SERIOUS PHYSICAL INJURIES elapsed, the law however does not require the killing to be instantly or
3. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES simultaneous with the discovery, so long as the killing was the proximate result
4. LESS SERIOUS PHYSICAL INJURIES of the outrage which overwhelmed the accused or that the killing was when
5. SLIGHT PHYSICAL INJURIES AND MALTREATMENT the accused was still acting under the influence of the infidelity.
6. RAPE
Accused however was made liable for the injuries that were sustained by
bystanders. Although as a rule, one committing an offense is liable for all the
ART. 246: PARRICIDE consequences of his act, the rule presupposes that the act done amounts to a
felony. The accused is totally free from any responsibility performing an illegal
A killed his wife with evident premeditation, what crime did A commit? act when he fired shots at the victim but he cannot be entirely without fault. It
Art. 246 Parricide. Relationship with the victim is the essential element of the appears that before firing at the paramour, he uttered warning words which is
crime. Absent such relationship will be such other crime, other than parricide. not enough of a precaution to absolve him for the injuries sustained by the
If the victim is the father, mother, brother of the accused. LEGITIMACY is bystanders. The acts of execution which should have produced the crimes of
immaterial. murders as a consequence, nevertheless did not produce it by reason of
causes independent of his will; nonetheless, the Court finds negligence on his
X, a married 15-year old girl killed her child a day after being born. What is part. He is liable under the first part, second paragraph, of Article 365 that is
her liability? less serious physical injuries through simple imprudence or negligence. For the
Infanticide not parricide. separate injuries suffered by the bystanders impose upon the accused-
appellant arresto mayor in its medium and maximum period to being the
graver penalty.
ART. 247: DEATH OR PHYSICAL INJURIES INFLICTED UNDER EXCEPTIONAL CIRCUMSTANCES
If you saw your spouse on bed with another, without their clothes, can
Does violation of Art. 247 result to a crime? you invoke Art. 247?
No. Art, 247 is not a felony/crime. It is a special mitigating circumstance. Par.2 *DVI= No. There should be a very strict application of Art. 247 because it will
is an absolutory cause. absolve the offended spouse.

Wife, entered the masters bedroom and discovered her husband and family 5. When the means used is poison, since such is absorbed by evident
driver in bed? premeditation.
No. Actual sexual intercourse must be needed. Traditionally, sexual
intercourse is between a man and woman. A and B, without conspiracy or spontaneous agreement (implied conspiracy).
delved blows upon the victim, who died as a consequence. One of the
Wife knew that their female servant was having an affair with her husband, wounds found in the body of the deceased was mortal and the other wound
will Art. 247 apply? was only slight, which could have not caused the death of the victim. There
No. The knowledge of the wife of the affair is tantamount to an implied was no evidence which wound was inflicted by one and the other. How
consent to the illicit relations. Wife is therefore liable for physical injuries. should the Court rule on this case?
In the case at bar, there is a failure on the part of the prosecution to establish
A killed his wife with evident premeditation and with cruelty. What crime is the guilt of proof beyond reasonable doubt. When there is an absence of
committed by A? conspiracy, the court must impose a judgment based on the direct action of
Note that premeditation and cruelty are qualifying circumstances but then the principals charged. In a similar US case, the Court held that there is no
such acts will be classified as parricide. better alternative but to dismiss the case, since there is a failure of the
prosecution to prove beyond reasonable doubt. The aforesaid is applicable
only if there was no proof regarding conspiracy or spontaneous agreement.
ART. 248: MURDER
X had been married to A in China before he came to the Philippines. He
What are the rules under Art. 248? married B in the Philippines. X killed B during a quarrel. What is the crime
In parricide under Art. 246, relationship with the victim is the essential committed?
element of the crime. Absence of which, it may be another crime. The crime committed is homicide and not parricide. The person killed is not a
If the victim is father, mother, child, it is immaterial if the relationship is legitimate spouse of the offender. X and Bs marriage is bigamous, since X was
illegitimate or legitimate. If the offender is the spouse or ascendants or validly married to A at that time.
descendants, legitimacy is required. Only relatives by blood and in the direct
line, except the spouse, are considered in parricide. Moreover, only relatives A and B fought each other with sharp bolos. With intent to kill, A struck B at
by blood may be legitimate or illegitimate; therefore, an adoptive father or the lower part of his body and thereby, cutting his penis. B did not die, due
adopted son or father-in-law or son-in-law is not included in this provision for to the timely medical intervention of a doctor. What is A liable for?
parricide. A is liable for frustrated homicide, since A had the intent to kill. It is not
mutilation, since A had no intent to deprive B of his reproductive organ.
It may be committed through negligence, mistake.
A and B armed with sharp bolos, was caught in a fight. With intent to kill, A
When is the killer not liable for murder, even if he had premeditated before scraped the lower part of B, cutting off his organ. B did not die. What is the
he committed the crime? crime?
1. When the person killed is different from the intended person to be killed; Frustrated homicide, not mutilation. A had intent to kill. It was not mutilation
2. When the victim is the father, mother, or child and legitimate ascendant, because it was not the intent of A to deprive B of his reproductive organ. It
descendant or spouse, since the crime committed is parricide; was only by accident that B was dismembered.
3. When the child is less than three days old, since the crime committed is
infanticide; A, without intent to kill, fired his gun at B, who was wounded but only slight
4. When the qualifying circumstance of evident premeditation is not alleged physical injuries were committed. What crimes were committed by A?
in the information; and
The accused committed illegal discharge of firearms and slight physical do not amount to the physical or corporal violence required by Art. 257 for
injuries. It cannot be considered under Article 48 because one of the felonies is unintentional abortion
just a light felony.
The wife was informed by the doctor that the injurious substance caused the
Illegal discharge of firearm and slight physical injuries because there was no inability of the wife to conceive. The substance was administered by mistake.
intent to kill. Although 2 crimes were the result of one act, slight physical What is the liability of the husband?
injuries cannot be complexed with illegal discharge of firearms. No liability.

A wanted to commit suicide and confided in his best friend B such intention.
B suggested to him how to commit suicide without suffering much pain by ART. 266-A-D: RAPE
telling him to put the barrel of his pistol into the ceiling of his mouth so as to
shoot his brain. B left A. A then shot himself. Is B liable? What are the consequences of the reclassification of the crime of rape from
Yes. Giving a suggestion as to the manner to commit suicide amounts to crimes against chastity to crimes against person?
assistance to commit suicide. It is now a public crime, (as opposed to a private crime). The crime can be
instituted by the State without the complaint of the private party.
A suffered an abortion through natural cause. The 5-month old fetus was By means of fraudulent machination and grave abuse of authority, are new
expelled, but was still alive. The baby was then buried by the helper in the grounds of committing rape.
backyard as per the mothers instructions. What are their corresponding
liabilities? What are some examples of rape through fraudulent machinations?
There is no abortion because the cause was natural. The crime of infanticide 1. Promise to marry in exchange for carnal knowledge
was not committed because in this case, the baby was just 5 months old. (The 2. Engaging the services of a prostitute, but later on cannot pay her.
fetus at such age did not have his own life separate from that of the mother.
Intrauterine life of 7 months is required for infanticide to have been The Court on two occasion already convicted the husband of rape committed
committed.) against the legitimate wife or the spouse and classified the same as marital
rape. What is marital rape, and under what article is it defined and
A, a stranger, poisoned a pregnant woman to kill her. As a consequence, she punished? If it is not expressly punished under the law, can the spouse be
died, and the fetus in her womb also died. What crimes were committed by punished? Shouldn't he be acquitted under the maxim nullum crimen, nulla
A? poena sine lege?
Murder. The crime cannot be complexed with intentional abortion or He is liable under Art. 266-A(1) for rape committed by a man against a woman,
unintentional abortion because there was not intention to cause abortion nor in relation to Art. 266-C, where it is provided that a legal husband may be the
unintentional abortion by violent means. (NB: Not 100% sure about this. I only offender. It is true that the Family Code obligates the spouses to love one
caught his reasoning why it cannot be complexed.) another, but this rule sanctions affection and sexual intimacy, as expression of
love, that are both spontaneous and mutual and not the kind which is
What crime is committed when the wife suffered abortion due to the unilaterally exact by force or coercion.
injurious drug administered by his husband by mistake?
No crime was committed as the giving of the drug was through innocent error Take note that pardon was not used rather forgiveness by the wife that
and under Art. 264, to be punishable, the substance must have been shall extinguish the criminal action or the penalty. Regalado says that marital
knowingly given. Furthermore, while physical injuries may be caused by the rape is expressly implied from the provision of Art. 266-C.
administration of injurious substances under said article, such physical injuries

The parents grandparent guardian cannot extend a valid pardon withour the 5. QUALIFIED TRESPASS TO DWELLING
conformity of rhe offended party even if offended party be a minor. If of legal 6. OTHER FORMS OF TRESPASS
age and not incapacitated only she can extend valid pardon. Note that pardon 7. GRAVE THREATS
in sedecution, abduction, acts of lasciviousness must be EXPRESS. But what 8. LIGHT THREATS
about in aldutery? Concubinage? Express or implied. And if there be one, same 9. BOND FOR GOOD BEHAVIOR
will bar criminal prosecution. 10. OTHER LIGHT THREATS
11. GRAVE COERCIONS
Marriage between the offended party and the accused in Seduction, 12. LIGHT COERCIONS
Abduction, Acts of Lasciviousness - The subsequent marriage shall extinguish 13. OTHER SIMILAR COERCIONS
criminal liability or remit the penalty imposed together with the co principals, 14. FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR
accomplices and accessories. (Rule not applicable in adultery and concubinage; LABOR THROUGH VIOLENCE OR THREATS
or where marriage was invalid and concocted in bad faith in order to escape DISCOVERY AND REVELATION OF SECRETS:
criminal liability. It is not one entered in good faith). 1. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE
2. REVEALING SECRETS WITH ABUSE OF OFFICE
In multiple rape, insofar as the other accused in the other acts of rape 3. REVELATION OF INDUSTRIAL SECRETS
committed by them are concerned. For the one who marries the offended
party, his liability as a principal in the rape he committed and his participation
in the other rapes is extinguished; and the liability of the other accused based ART. 267: KIDNAPPING WITH SERIOUS ILLEGAL DETENTION
on or with respect to their participation in the rape committed by the one who
marries the victim is also extinguished, but not their liability in the other As a general rule, there should be kidnapping and illegal detention.
crimes of rape committed by them or their other co accused. Beh Hur Luy case serious illegal detention minus kidnapping
*DVI: While it is true that kidnapping involves physical taking from one place to
TITLE NINE another, it is not a requirement that there must be kidnapping before there
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY could be serious illegal detention.
CRIMES AGAINST LIBERTY:
1. KIDNAPPING AND SERIOUS ILLEGAL DETENTION If X is kidnapped and detained for several days and because he is suffering
2. SLIGHT ILLEGAL DETENTION from heart ailment and he is not given his maintenance medicine he dies,
3. UNLAWFUL ARREST then would that qualify the liability of the kidnappers?
4. KIDNAPPING AND FAILURE TO RETURN A MINOR Kidnapping with homicide in one case
5. INDUCING A MINOR TO ABANDON HIS HOME
6. SLAVERY Natural cause of death failure to take medication
7. EXPLOITATION OF CHILD LABOR When is it qualified? Check the codal
8. SERVICES RENDERED UNDER COMPULSION IN PAYMENT OF DEBT Art. 267 - committed by a private offender
CRIMES AGAINST SECURITY: When a public officer is involved - arbitrary detention
1. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONE'S OWN But a public officer can be held liable for Art. 267
VICTIM
2. ABANDONING A MINOR Circumstances absent Art. 267 - liable for Art. 268 slight illegal detention
3. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; RA 7659
INDIFFERENCE OF PARENTS Special complex crime: Kidnapping and illegal detention with murder,
4. EXPLOITATION OF MINORS homicide or rape or physical injuries
People v. Ramos special complex crime kidnapping for ransom with murder ART. 287: LIGHT COERCION
sentenced to death
Take note of paragraph 2 UNJUST VEXATION
Unjust vexation is any other coercion
ARTS. 282 AND 283: GRAVE THREATS AND LIGHT THREATS There is NO attempted or frustrated unjust vexation. Being a light felony,
which is not a crime against person or property, it is only punishable when it is
If the act threatened is a crime, then it will ALWAYS be grave threats. However, consummated.
if the act threatened is NOT a crime, then it will ALWAYS be light threats.
Grave Threats and Grave Coercion Note also that the purpose is to apply it to the payment of the debt of the
owner thereof. Otherwise, the taking would constitute robbery.
Grave coercion
Violence or intimidation is persistent and continuing
Injury is threatened upon the victim himself ARTS. 288 AND 289: OTHER SIMILAR COERCIONS AND FORMATION, MAINTENANCE AND
The act is not immediate PROHIBITION OF COMBINATION OF CAPITAL OR LABOR THROUGH VIOLENCE OR THREATS

Grave threat Arts 288-289 Other Similar Coercions
Intimidation only Superseded or impliedly repealed by the Labor Code and other related
Directed against the victim's person, honor or property or that of his family labor laws
The acts enumerated therein may be proceeded under the general
Promises some future harm application of the Revised Penal Code
Intimidation does not produce an immediate effect Acts of violence are still covered by RPC
The act is not immediately consummated
Note that when the Code specifically and punishes a crime committed by
A threated a woman that he would killer her husband if she would not have preventing another from doing a particular act, the offender should not be
sexual intercourse with him. The woman agreed the following day. They had punished or be charged for grave coercion but for the crime specifically
sex. What is the crime committed? punished by the Code.
Grave threats, since the woman agreed there being no intimidation during
the act of sexual intercourse. Note that when the code specifically defines and punishes a crime committed
by preventing another from doing a particular act, the offender should not be
X warned A not to report to work as there was a strike. A still went to work. liable for grave coercion but for the crime specifically punished by the Code.
When A was going home from work, X repeatedly boxed A telling him: Did I And what are examples of these specific crimes?
not tell you that you are not going to work? What is Xs liability? (1) Article 143 Preventing the meeting of legislative bodies
Physical injuries. The act to be prevented or compelled should not be done. (2) Article 131 Preventing a person from joining association
Grave coercion is committed in 2 ways: (3) Article 145 Preventing a member of Congress from attending meetings,
1. By preventing another by means of violence, threat or intimidation from expressing his opinions or casting his vote through the use of force or
doing something not prohibited by law intimidation
2. By compelling another by means of violence, threat or intimidation to do
something against his will, whether it is right or wrong TITLE TEN
CRIMES AGAINST PROPERTY
ROBBERY IN GENERAL:
1. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS 7. SETTING FIRE TO PROPERTY EXCLUSIVELY OWNED BY THE OFFENDER
2. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY 8. IN CASES WHERE DEATH RESULTED AS A CONSEQUENCE OF ARSON
A BAND, OR WITH THE USE OF FIREARM ON A STREET, ROAD OR ALLEY MALICIOUS MISCHIEF:
3. DEFINITION OF A BAND AND PENALTY INCURRED BY THE MEMBERS THEREOF 1. MALICIOUS MISCHIEF
4. ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER CERTAIN 2. SPECIAL CASES OF MALICIOUS MISCHIEF
CIRCUMSTANCES 3. OTHER MISCHIEFS
5. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO 4. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION
WORSHIP 5. DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS OR PAINTINGS
6. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY:
7. ROBBERY IS AN UNINHABITED PLACE OR IN A PRIVATE BUILDING 1. PERSONS EXEMPT FROM CRIMINAL LIABILITY
8. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR
PRIVATE BUILDING Take note that there are 29 Articles in Title 10.
9. POSSESSION OF PICKLOCKS OR SIMILAR TOOLS
10. FALSE KEYS ART. 293: WHO ARE GUILTY OF ROBBERY
BRIGANDAGE:
1. BRIGANDAGE What is robbery?
2. AIDING AND ABETTING A BAND OF BRIGANDS It is the taking by any person of personal property belonging to another with
THEFT: intent to gain committed by means of violence against or intimidation of
1. THEFT person or by using of force upon things. On the basis of the definition, robbery
2. QUALIFIED THEFT can be classified into two. First, violence against or intimidation of persons.
3. THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM Second, use of force upon things.
USURPATION: Every now and then, you would also have to distinguish between robbery and
1. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY theft. Why? because in both robbery and theft, there are 3 common elements
2. ALTERING BOUNDARIES OR LANDMARKS
CULPABLE INSOLVENCY: (1) intent to gain; absent intent to gain, there will be no robbery or theft
1. FRAUDULENT INSOLVENCY (2) unlawful taking
SWINDLING AND OTHER DECEITS: (3) personal property as the subject of the felony (tienes muebles)
1. SWINDLING (ESTAFA)
2. OTHER FORMS OF SWINDLING What then would be the distinction between robbery and theft?
3. SWINDLING A MINOR Robbery would differ in the manner or mode of commission. In robbery, it may
4. OTHER DECEITS be committed with violence or intimidation or force upon things. In theft, it
CHATTEL MORTGAGE: may be committed by stealth or strategy.
1. REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY Intent to gain is a mental process. How would the prosecution prove the intent
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS: to gain on the part of the offender?
1. DESTRUCTIVE ARSON In the case of People v. Reyes (March 26, 2003, 399 SCRA 528) the court
2. OTHER FORMS OF ARSON reiterated the principle that in robbery, intent to gain is presumed from the
3. CASES OF ARSON NOT INCLUDED IN THE PRECEDING ARTICLES unlawful taking of personal property belonging to another. The Court also said
4. ARSON OF PROPERTY OF SMALL VALUE that the person divested of the personal property need not be the owner
5. CRIMES INVOLVING DESTRUCTION thereof.
6. BURNING ONE'S OWN PROPERTY AS MEANS TO COMMIT ARSON
Note that a defense and claim of ownership in good faith by the offender, even name/exercise of public authority, there is constructive force. Therefore, do
if the claim is untenable, will destroy the element of intent to gain or animus not conclude immediately that the crime is theft if these circumstances are
lucrandi. If the person shall take from another his own personal property then present.
there would be absent intent to gain. You cannot possibly gain from taking
back your own property. But where the claim of ownership is a mere ploy or What would be the proper mode of commission of the robbery if in the same
made in bad faith, animus lucrandi exists. Also, mere intent to gain is sufficient incident the two modes would be present violence or intimidation and
even if no actual gain resulted as mere temporary disturbance of property force upon things? For example, offenders force open the door, with intent
rights is sufficient in crimes against property. to rob. Once inside, they were discovered by the occupant. Offenders
violently stop the occupant for the purpose of ransacking the premises. What
Now we go to the second element, unlawful taking. The prevailing rule is that would be the crime?
it is sufficient that the object was taken and held by the offender in a manner Robbery with violence or intimidation. Why? because there will be greater
sufficient to enable him to dispose of it as he intended even if his possession disturbance to society.
thereof be merely temporary or transitory (US v. Adiao) and the defense that
any personal property, as long as it does not belong to the accused, may be What is the liability, if any, if the owner shall forcibly take his own property
the subject of the felony. It is immaterial if the offender stole it from the from its possessor?
owner or a mere possessor or even from a thief. Estafa or coercion.

Finally, as to the mode of the commission of the robbery, it can either be by Special complex crime of robbery with homicide. Recall the first case where
violence or by intimidation against the person or by force upon things. The rule in the course of robbery, the offender accidentally, without intent to kill,
is that the moment there is violence or by intimidation, there is robbery, which fired his gun upwards, without knowing that there was a person in the
must be present at the start of the commission of the felony. second floor, who was hit and died as a consequence.
Here, the court laid down the original rule that the crime of robbery with
homicide is committed when by reason or on occasion of the robbery, death
ART. 299: ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO results. The court ruled that the homicide produced in the occasion of the
WORSHIP robbery be sufficient that the crime of robbery with homicide is committed,
without consideration of the circumstances surrounding the offense.
When is it by force upon things? Art. 299.
(1) by entering the house or the building A and B were riding in a motorcycle. A as driver, B as passenger. B stole the
(2) by the breaking of doors, wardrobes, chest, or any other receptacle shoulder bag of a woman while walking. B successfully snatched the shoulder
(3) or by taking of such furnitures away to be forced upon outside of the place bag. It was a very swift act of snatching. Unfortunately, the driver crashed
If it is robbery with force upon things, take note of the enumeration in 299. i.e. into a taxi cab and died. Trial court charged B with robbery with homicide,
entering the building through an opening not intended for ingress or egress. saying that homicide occurred in the course of robbery. Defense appealed.
Here, there would be absent physical force. He did not force open any door. CA affirmed.
Take not also the of using any fictitious name or pretending the exercise of SC said no. The crime committed is only theft. There is no theft with homicide.
public authority as a means of entry into the building. What would happen then to the driver who was killed in the course of the
taking of the property of the other? The passenger did not do anything that
Why is it still force upon things then when the offender uses a fictitious could have caused the death of his friend. There is therefore no liability for the
name or uses public office? death. Only theft. Consider therefore what crime was committed. If it were
The law considers both actual physical force and constructive force. Thus, robbery, there would have been robbery with homicide. (check People v.
when entered through an opening not intended for entry/fictitious Concepcion)
the personal property, it has to be owned by another. Not owned by the
Note: It would have been robbery if there was violence (i.e. if when the offender. In one case, the Court said that a claim of ownership over the
woman was dragged along when the bag was snatched. There was a struggle.) personal property made in good faith would be a valid defense even if in the
What if in the course of robbery, the disbanding policemen shot at the end it turns out that he is not the rightful owner of the property.
robbers. One of them died as a consequence. Is there robbery with
homicide? There is unlawful taking. There is also intent to gain. Intent to gain is a bit
Yes. difficult to prove because it is a state of mind in the part of the offender and
there would be no competent testimonial or documentary evidence that could
What if in the crossfire, a bystander was hit? testify on what is in the offenders mind. Was there intent to gain? The Court
Yes, still robbery with homicide. said, the act of unlawfully taking a property of another would presuppose
intent to gain. There is a presumption that there is intent to gain whenever
What if the policemen shot a bystander? one would take personal property belonging to another.
Yes, still robbery with homicide.
We said that they would only differ in the manner by which the offender
What if one of the robbers wanted to get more of the loot and then stabbed would take possession of the property. In robbery, it could only be through
his co-conspirator? violence r intimidation of persons. The second mode is through force upon
Yes, still robbery with homicide. things. In theft, there is absent violence, intimidation, or force upon things.
Instead, the offender would avail of strategy or stealth to take possession of
NB: The acts were committed on the occasion of the robbery. As per the the personal property.
doctrine laid down in Mangulabnan, if the homicide was on the occasion of
the robbery, it will always be robbery with homicide. If a problem would be asked where there would be circumstances that may
relate to both theft and robbery, immediately determine the elements of
What if the crime of robbery has already been consummated, then the robbery and theft. And after satisfying yourself that elements for robbery are
robber found someone standing in the corner of the street and shot him. He present then say so that the crime committed is robbery.
also chanced upon and shot a tricycle driver whose tricycle he wanted to use
as an escape vehicle. What is the crime? In the last bar exam, problem was given, A, B, C, and D entered the house
Still robbery with homicide. through an open door. They took personal belongings thereafter left the
The intention of the robber [in committing the homicide] must be: place. A realizing that he left behind his wallet containing his ID, decided to
(1) to defend the possession of the property; return. When he entered the house, he was surprised to see the victim
(2) to do away with a witness; sitting and his bag beside him. A hit the victim, who thereafter died.
(3) to make good their escape. DVI: Theft and homicide. But you can argue that it is robbery and homicide. In
The rule is that for robbery with homicide to be appreciated, the person killed Concepcion (2014), the Court said that theft is committed and consequently
on could be any person. there is no crime of theft with homicide. It is a special complex crime only in
robbery with homicide.
Take note that title X is a regular subject in the bar. The most common
question asked in the bar is robbery, theft, and estafa. The force upon things would refer to breaking of the door, roof, wall, etc. to
gain entry. What if the problem would show that the offender destroyed a
There are three ways ___. The common elements are the subject: personal wall and through which he was able to reach a wallet placed in a table
property. If it is not personal property, it could be some other felony define din nearby. There was force upon things. There was also unlawful taking with
the RPC. Second common element would be unlawful taking. With respect to intent to gain. Would that be robbery or theft?
Theft. Force upon things must be used in order to gain entry. stage. Read the Pemberton Case, where the Court discussed why the crime
was not murder. It also discussed the aggravating and mitigating
If the offender smashed the car window and from there reached for the circumstances. The Court ruled that there is absent aggravating but 2
computer placed in the back seat, is that robbery or theft? Note that a car is mitigating circumstances which allowed the Court to impose a penalty one
an extension of a persons house according to the Supreme Court. degree lower.
The thing in force upon things refers to a building. BUT if it is a watercraft
used exclusively as dwelling, then it would partake the nature of a dwelling If the offense committed is attempted or frustrated robbery with serious
and robbery or theft would be possible. BUT if the watercraft is actually being physical injuries, it would neither fall under Art. 294 nor Art. 297. Art. 48 then
used to transport cargo or passenger from one port to another, then it could should be applied.
be piracy.
Art. 308: T HEFT
What is the rule when robbery is committed with violence against or
intimidation of persons and force upon things? Example, X forced open a Motor vehicle is still an object of theft under Article 310. Qualified theft v.
door to take personal property inside. Once inside, he was accosted by the Anti carnapping law. What is the distinction?
occupant. He stopped the occupant and thereafter, ransacked the place. He
was able to get cash, jewelry, etc. Carnapping" is the taking, with intent to gain, of a motor vehicle
Violence or intimidation is the graver offense thus, it should be the crime here. belonging to another without the latter's consent, or by means of
But force upon things should still be alleged in the information. violence against or intimidation of persons, or by using force upon
things.
Robbery with homicide. The victim here could be any person for as long as Qualified theft only If material or physical possession was given to
homicide occurred by reason of the robbery or on the occasion of the robbery. offender
Homicide is used in its generic sense. It is any form of killing i.e. murder, People v. Tan unlawful taking of motor vehicles covered by anti
parricide but still designated as homicide. The Court ruled that the homicide carnapping law.
produced on the occasion of the robbery, it is sufficient that homicide resulted
by reason of the robbery in as much as it is only the result without reference Art. 315: S WINDLING /E STAFA
or distinction as to the circumstances, causes, modes or persons intervening in
the commission of the robbery. If the problem presents circumstances relating to estafa and theft, what crime
is committed?
Rules on robbery with rape. Rape must also be consummated for the special
complex crimes defined and penalized under Arts. 294 and 297. In People v. Features similar to estafa and theft. These are:
Carriaga, the Court ruled that robbery with attempted rape does not fall under
either Art. 48 or Art. 294 as they are distinct crimes. In robbery with rape, the Esatafa with abuse of confidence Juridical Possession is transferred
offender before committing rape, must have the original intention to take Juridical title turned over to possessor and
personal property belonging to another with intent to gain. And robbery is misappropriates the same - this would constitute estafa.
accompanied by rape. Theft possible that there is no unlawful taking as in fact the item
could have been voluntarily turned over by the owner and offender
Even if there be multiple homicide or multiple rape, or both homicide and rape takes possession and misappropriates the same. The crime is theft
be present in one case, it would still be designated as robbery with homicide. only because offender only had material possession
Attempted or frustrated robbery with homicide is also a special complex crime
with only one penalty, whether the robbery was at its attempted or frustrated
If the ownership of the same turned over to the offender even if there is A person convicted of illegal recruitment under the Labor Code, as
specific obligations to be performed under the contract (like payment of amended, can be convicted of estafa, under Article 315 (par 2), if the
interest), the non performance of conditions/obligations will only give rise to elements of the crime are present.
civil liability.
Recruiter issues a check in payment and reimbursement (returning placement
Thing to be delivered or returned must be the very object which he received. fee). However, the check bounces? His liability is under BP 22 for issuing a
worthless check.
Is demand needed? Initially demand is a requisite to hold one liable for
estafa, but the Court provided for exceptions (demand is dispensed with): However, it would be different if the recruiter made the offended party also
sign this document waiving right to file a case against said recruiter and victim
(1) if there is a specific period agreed upon between the parties to signed waiver and expressed conformity on the proposal (i.e. full payment of
return the same without the need of formal demand (indicated in the placement fee and compensation for damages) and subsequently, check
agreement) bounces for insufficient funds. In this case, the recruiter is liable for estafa.
(2) offender out of the country confirmed to have fled.
Prosecution under B.P. 22 sahll be without prejudice to any liability for any
Property contributed to a partnership for the general partnership and where a violation in the RPC.
partner misappropriates the same, there is no estafa since the partner is
considered a co owner. But if partnership property is specifically set aside, B.P. Blg. 22 ESTAFA
and said partner misappropriates, there is estafa since he is no longer Malum Prohibitum Mala in se
considered as a co owner of said property. If there is liquidation of Deceit and damage are not elements False pretense or deceit or damage or
partnership assets and a partner shall convert or misappropriate such assets, of the crime at least intent to cause damage are
said partner is also liable for estafa . essential
Crime against public interest Crime against Property
What is the rule in sale of appliance on trial basis?
The accused will be liable for False pretense must be prior or

dishonor of the check even if it was simultaneous with the damage caused
For a fixed period and the buyer did not give notice of rejection at the issued in payment of a pre-existing
end of the trial period, ownership of the property passes to him
legal obligation and he issued the
because that would be pursuant of the terms of the contract. At
check to apply on account.
expiration of option period, ownership transfers to him. Conversion

will not constitute estafa. This is an act of ownership. However, if
Negotiable Order of Withdrawal (N.O.W. Check) valid subject of BP 22. The
there is reservation of title or ownership until unit has been paid,
court has classified the same as a bill of exchange, something which van be
crime committed is estafa.
negotiated. This order of withdrawal should be honored and if dishonored, he

will be liable for BP 22.
In estafa by false pretense or deceit in relation to illegal recruitment under

the labor code, his act of causing damage to the victim under a false pretense
If check was issued by debtor only for security as a nature of promissory note
that he has been licensed to engage in recruitment and placement activities
and not to be enchashed no estafa. Deceit is absent.
and paid by victim will also make him liable for estafa and illegal recruitment.

(malum prohiitum, mala in se)
A check issued as an evidence of debt, though not

intended for encashment, has the same effect like any
other check. It is within the contemplation of B.P. 22,
which is explicit that any person who makes or draws
and issues any check to apply for an account or for Article 318 catch all provision of the code for other kinds of deceit or fraud
value, knowing at the time of issue that he does not not specifically covered.
have sufficient funds in or credit with the drawee bank
which check is subsequently dishonored shall be ART. 320: DESTRUCTIVE ARSON
punished by imprisonment. (Recuerdo vs. People of the
Philippines G.R. No. 133036. January 22, 2003) A during a drinking spree said I intend to burn the house of C and when he
said that he was still sober. Now B, on learning that, warned the C. A was
Estafa thru bouncing checks can be committed not only against the payee, but caught pouring gasoline in the supposed victims house. Would that be
also against an indorsee. If the payee was aware of the drawers deceit, he is a attempted, frustrated, consummated?
co principal and the indorsee will be the offended party but, this time, for Attempted arson.
estafa under par 2a on imaginary transaction or similar deceits. Par 2d refers
to the act of the drawer, not of the payee indorsee; but if the payee was in The rules: It is attempted when the person intended to burn a wooden
collusion with the drawer, then estafa under par 2d can apply. structure with a rag soaked in gasoline and places them beside the wooden
house of the building and caught at that point, there being a manifest intent to
While it is true that nine of the 17 postdated checks petitioner issued and burn. If he was able to light the rags but nothing was burned, frustrated. If a
delivered to the private complainant were honored by the drawee banks, such part of the building was burned, it is consummated.
a circumstance is not a justification for her acquittal of the charges relative to
the dishonored checks. The reimbursement or restitution to the offended In People v Malngan (September 26, 2006) where both burning and death
party of the sums swindled by the petitioner does not extinguish the criminal occurred, the Court held that if the main objective was to burn the house but
liability of the latter. It only extinguishes pro tanto the civil liability (Recuerdo death results, the crime is arson only and the resulting homicide is absorbed. If
v. P June 27, 2006.) the main objective is to kill and fire is resorted to as a means to accomplish the
same, the crime will only be murder with the use of fire (fire being a qualifying
circumstance under Art. 248). If the intent was to kill and the fire was used to
Failure to pay for food accommodation services and surreptitiously leaves cover up the murder, there are two separate crimes of murder and arson.
premises - liable under 2(e). In this case, there is absent an express See PD 9744 and later amended by RA 7659.
misrepresentation by customer. But, as a matter of law and EXPERIENCE
impliedly represents that he has the means to pay. What is destructive arson?
See Art. 320.
What is the crime committed when there is obstruction of official records
document and the offender destroys the same?
ART. 327: MALICIOUS MISCHIEF
There is a violation of article 226 (Removal, concealment or
destruction of documents) What if he did not intend to commit the same? Will he then be charged of
malicious mischief through reckless imprudence?
When is it estafa? Not possible. By the very title, the act should be coupled with malicious intent.
Done with specific intent to defraud those concerned or affected by There is absent malice in art. 365 (Reckless imprudence resulting to damage of
those documents or papers (estafa). If there is no intent to be defraud property). Malicious mischief cannot be committed through reckless
it is malicious mischief. But if offender is public officer it would be imprudence.
226.
What is simple malicious mischief and what is qualified malicious mischief? Adultery is committed by a married woman who shall have sexual intercourse
See Art. 328/320 involving derailment of cars, etc. Here, the offender, in with a man not her husband. The man knowing her to be married.
addition to other penalties, shall be liable for other consequences of his Consequently, if the man has no knowledge of the status of the woman, then,
criminal act. Thus, it should be taken out of the ambit of Art. 48. as far as he is concerned, he would not fall udner Art. 333. Even if the marriage
be subsequently declared void.
Read the case of Jason Ivler v. People. The court categorically said reckless
imprudence is not merely a mode of incurring criminal liability; it is a felony in What is the essence of adultery?
itself. It has a penalty and a provision in the RPC. If the reason is to prevent spurious heirs. If this is the case, then a woman
whose biological clock has already should be exempted right? Thus, it is not
What is the liability of the offender who shall also appropriate the damaged correct to say that the principal consideration is to avoid a possibility of
property subject to malicious mischief? introducing a child sired by another father into the family. The essence is the
If the offender shall also appropriate the damaged property, he shall be liable violatin of the marital promise which will last the inability of the woman to
for theft under par. 2 of Art. 308, not malicious mischief. reproduce.

Proof of sexual intercourse is not essential for conviction provided the
ART. 332: PERSONS EXEMPT FROM CRIMINAL LIABILITY circumstances proven in the case could lead to no other conclusion.

Crimes included: theft, swindling, malicious mischief. Rules on Consent and Pardon of Adulterous Acts
The relationships related in the law shall operate as an absolutory cause. Consent applies to future acts while pardon refers to past acts. Consent is valid
and will exculpate from liability even if granted to only the offending spouse.
But pardon to absolve must be granted to both offenders.
TITLE ELEVEN In prosecution for adultery and concubinage, the acquittal for subsequent
CRIMES AGAINST CHASTITY death of one of the accused does not prevent the continued prosecution of
ADULTERY AND CONCUBINAGE: the other co-accused in the pending case. However, the death of the offended
1. ADULTERY spouse before the filing of the complaint is a bar to further proceedings. But if
2. CONCUBINAGE the offended party died after the complaint had been duly prepared and filed,
ACTS OF LASCIVIOUSNESS: the criminal action can proceed. (People v. Diego)
1. ACTS OF LASCIVIOUSNESS
SEDUCTION, CORRUPTION OF MINORS AND WHITE SLAVE TRADE: Can there be separate crimes of adultery and bigamy?
1. QUALIFIED SEDUCTION Yes. Art. 349 refers to contracting a subsequent marriage before the former
2. SIMPLE SEDUCTION marriage has been legally dissolved. Adultery and bigamy are separate crimes.
3. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY
4. CORRUPTION OF MINORS
5. WHITE SLAVE TRADE ART. 334: CONCUBINAGE
ABDUCTION:
1. FORCIBLE ABDUCTION Husband informed the wife. My cousin is coming from the province shes
2. CONSENTED ABDUCTION going to look for work. In the meantime, she would like to stay with us.
Everytime the wife would go to work, the husband and the relative have sex.
ART. 333: WHO ARE GUILTY OF ADULTERY Are the husband and cousin committing adultery?

For purposes of the first mode, the concubine must be taken in and
Victims of either sex Victims are only female
maintained by the husband in such status, i.e. as a mistress, and for that
purpose in the conjugal dwelling. In other words, there must be not necessarily
May not be for profit For profit
an announcement but an information given to the wife that My mistress is
coming over and staying with us. May be committed by a single act Generally committed habitually

Note that under the third mode, cohabiting requires that both accused actually
live together as husband and wife. Accused visits or mere transient visits Abduction could be forcible or consented. Abduction is the taking away of a
between the accused do not constitute cohabitation, which Is expressly woman from her house or the place where she may be for the purpose of
require by the Code. Note that the element of habituality in concubinage is carrying her into another place with intent to marry her or corrupt her (People
required only in the first and third mode of commission of the crime. v. Crisostomo).

Note that Art. 336 are acts of lasciviousness without the consent of the victim The victim may be a married woman. The civil status, age, and reputation of
while Art. 339 are acts of lasciviousness with the consent of the victim the woman is immaterial. Note that in both forms of abduction, there must be
committed under the circumstances of Arts. 337 and 338. lewd design. And there sut be taking of the woman not necessarily with some
degree of permanence but for some appreciable period of time.
Here the consent f the victim is obtained by abuse of authority, abuse of
confidene, or relationships but without in the course. The essence of the act of Note that if the girl victim taken away is less than 12 years old and a virgin and
lusciousness is lewd deisgn and it is always consummated. the offender had sexual intercourse with her, the complex crime of forcible
abduction with rape is committed. Reason being under 12 years old, she could
The offense in Art. 336 may be committed against a person of either sex but in not have validly given her consent.
Art. 339 only a woman can be the victim and only a man can be the offender,
with the victim being a virgin, single, or a widow but of good reputation. And Art. 344 refers to prosecution of the crimes of adultery, concubinage,
of 12 years old or over but under 1 years old. Note that under RA No. 7610, the seduction, abduction, and acts of lasciviousness. Note that rape is still included
law provides that the offender who shall commit lascivious conduct upon the in the text of Art. 344, notwithstanding the fact that it has already been
child shall be punished by reclusion temporal in its medium period. If the child reclassified.
is 12 years old. Note that in simple seduction, there is deceit. While in qualified
seduction, it is the abuse of confidence or authority or relationship as the Concubinage and adultery can be prosecuted only by the offended spouse. But
means of committing the crime. In qualified seduction, there must be abuse of if the offended spouse had already obtaine ddivorce in a foreign country, can
authority by a person in public office or authority, guardian, teacher, or a the husband still prosecute the wife here in the Philippines/ Note that a
person entrusted with the education or custody of the victim such as a foreigner husband who has obtained a divorce in his country, has no longer
housemate. the standing to institute the proceeding. (Pilapil v. Ibay somera)

If youre asked to distinguish corruption of minors from white slave trade, Abduction, seduction, and acts of lasciviousness can be prosecuted exclusively
state the following: and successively by the following parties: offended party, parents, etc. And if
all would be absent, by the state under the parens patriae doctrine.

Corruption of Minors White Slave Trade Pardon or consent in adultery and concubinage, note that only the offended
spouse, even if a minor but not otherwise incapacitated, validly extends
Minors be used Minority need not be involved
pardon or consent. In seduction, abduction and acts of lasciviousness, the rules
on the validity of the pardon: The offended minor if with sufficient
discernment can validly pardon the offender by herself, if she has no parents 3. THREATENING TO PUBLISH AND OFFER TO PRESENT SUCH PUBLICATION FOR A
or the offender is her own father and her mother is dead (People v. Inciong). COMPENSATION
4. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL
*DVI: Charge the accused for the more serious crime so that the accused can PROCEEDINGS
still be found guilty of the lesser crime. 5. SLANDER
6. SLANDER BY DEED
Correlate Art. 363 (Incriminating Innocent Persons) to Art. 183 (Perjury) INCRIMINATORY MACHINATIONS:
1. INCRIMINATING INNOCENT PERSON
2. INTRIGUING AGAINST HONOR
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS ART. 353: LIBEL
1. SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
ILLEGAL MARRIAGES Absolute not actionable even if made in bad faith. Public figures who may
2. BIGAMY not be necessarily be a public official. Like actors or actresses. Honest criticism
on these officials are insulated from libel. In 355 television program or
ART. 347: SIMULATION OF BIRTH, SUBSTITUTION OF ONE CHILD FOR ANOTHER AND broadcast are not included as means of committing libel. This is
CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD understandable because it was not inexistence in 1930. But included in the
text any similar means which will now cover any new mode or means of
Simulation of births and substitution of children, not required that child is communicating.
legitimate. But for concealment and abandonment, child must be legitimate.
The sale of a child by its father is not punishable under RPC but punishable How is Article 356 classified? Described as blackmailing or blackmail special
under child trafficking. form of threat but is not to be classified as grave threats.

ART. 349: BIGAMY Prescription of libel one year.

Bigamy essential first marriage is valid second marriage would have been valid ART. 358: SLANDER
were it not for the existence of the first marriage
Slander and oral defamation may be grave or simple. PUTA KA!!!!!!!!!!!!! The
CURRENT RULE: THERE IS A NEED OF JUDICIAL DECLARATION OF NULLITY OR court said no. It is merely an expression of disappointment. Not an
ANNULEMT BEFORE A PERSON CAN MARRY AGAIN SECOND MARRIAGE WILL imputation of prostitute. Just expression of disgust or pleasure.
BE VOID AND THIS PRONOUNCEMENT IS APPLICABLE IN VOID OR VOIDABLE
MARRIAGES. Article 359 slander by deed grave or simple. Intent is to humiliate the offended
party. What if no one can be established the intent? What is the criminal
liability? Liable under Article 266 maltreatment.
TITLE THIRTEEN
CRIMES AGAINST HONOR Pull hair of school teacher inside school classroom, court said that this is
LIBEL: slander by deed but DVI said disregard this because at that time, no
1. LIBEL amendment yet of persons in authority. Teachers are considered as PA for
2. LIBEL MEANS BY WRITINGS OR SIMILAR MEANS purposes of assault. It should be direct assault if committed in the
performance of her official duties. Thus, school teacher slapped during a dance
not in performance of duty not direct assault. It is only slander by deed.

May that person be charged under 363? And for violation of dangerous drugs
or law on firearms. No specific jurisprudence but elements of the code would
be different provided special law. So it is possible. DVI opt for the more
serious crime.

TITLE FOURTEEN
QUASI-OFFENSES
CRIMINAL NEGLIGENCE
1. IMPRUDENCE AND NEGLIGENCE

ART. 365: IMPRUDENCE AND NEGLIGENCE

No crime of malicious prosecution in RPC, since this is a civil law concept (Art.
2208, NCC).

Imprudence: deficiency of action
Negligence: deficiency of perception
There are specific crimes constituting criminal negligence or culpa, for which
reason we don't apply Art. 365 they are the following:
1. Malversation through negligence covered by Art. 217;
2. Evasion through negligence covered by Art. 224; and
3. Failure to render accounts covered by Art. 218.
In the abovementioned crimes, you don't apply Art. 365 rules.

Where several crimes result in criminal negligence, Art. 48 on complex crimes
may apply.

Rules for graduating penalties based on mitigating or aggravating
circumstances are not applicable to offenses committed thru criminal
negligence.

Contributory negligence is NOT applicable in cases under Art. 365. It is only
mitigating for the purposes of determining the civil liability of offender.
Criminal negligence presupposes lack of intent to commit a felony.


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CRIMINAL

LAW REVIEW Is a sheer confession before fiscal be considered as a confession?

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