Professional Documents
Culture Documents
TREASON
Committed only in times of war
Committed by Filipino Citizen (within and outside PH0 and Resident Alien (within PH)
1. May be committed by levying war against the government;
2. Adhering to the enemy, by giving them aid or comfort
It is a continuing crime: Several acts of treason only constitute one (1) crime of treason
TWO-WITNESS RULE: THE TESTIMONY OF TWO WITNESSES IS REQUIRED TO PROVE THE OVERT ACT OF GIVING AID OR COMFORT. IT IS NOT NECESSARY TO PROVE
ADHERENCE.
MISPRISION OF TREASON
Aware on Conspiracy to Commit Treason, but not report it.
BEFORE TREASON: PRINCIPAL TO MISPRISON OF TREASON
IF TREASON HAS ALREADY BEEN COMMITTED: ACCOMPLICE IN THE CRIME OF TREASON
No such crime as Misprision of Rebellion
ESPIONAGE
Gather information RE: National Defense
PNP is not a Public Institution, it is considered Private: information gathered from Camp Crame is NOT Espionage
PIRACY
1. People from the outside coming in (punishable under the RPC)
2. Under PD 532: May be committed by any person, not necessarily from the outside
MUTINY
Resistance to the authority inside the vessel
Creation of disturbances
QUALIFIED PIRACY
Irrespective of the number of people killed/injured/raped there is only one (1) composite crime of Qualified Piracy (the numb er is not considered)
REBELLION
To overthrow the government during public uprising (civilians supported by the military)
Common crimes committed in the furtherance of, are considered under Rebellion
COUP D'TAT
Purpose is to seize and diminish state power
Swift attack, committed by: Violence; Intimidation; Threat; Strategy; Stealth
Committed by the military backed up by civilians
SEDITION
Entails racing up of commotion and disturbance
Tumultuous and public uprising (plus the object of sedition)
RA 8294: VIOLENCE COMMITTED IN FURTHERANCE OF (REBELLION/ COUP D'TAT/SEDITION) SHALL BE ABSORBED (common crimes in furtherance of/inci dental to)
An act is considered tumultuous if caused by more than three (3) persons
CONSPIRACY AND PROPOSAL TO COMMIT TREASON/REBELLION/COUP D'TAT
CONSPIRACY TO COMMIT SEDITION (No Proposal to commit sedition)
DIRECT ASSAULT
1. Without public uprising, by employing force or intimidation for the attainment of any of the purpose enumerated in defining t he crime od sedition and rebellion
2. Without public uprising, by attacking, by employing force or serious intimidating or seriously resisting any person in author ity or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance.
Application of material violence; if against a person in authority, force need not be serious in nature; if against a, agent of person in authority force must be serious in nature
otherwise crime committed may be that under Art. 194 or Indirect Assault
If a person comes to the aid of a person in authority, he is considered an agent of the person in authority If he himself is attacked: DIRECT ASSAULT
If a person comes to the aid of an agent of a person in authority, and he himself is attacked: INDIRECT ASSAULT
FALSIFICATION
Art. 171 (Public): there is a compl pertainex crime of ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENT (they have different e lements; one crime is a necessary means
to commit the other)
Art. 172 (Private): private document is falsified to obtain money - misappropriated (same element as Estafa): no such crime as, ESTAFA THROUGH FALSIFICATION OF PRIVATE
DOCUMENT
PERJURY
Deliberate assertion of falsehood in a material matter Material matter:
Statement is required by law
Statement is under oath
In the case of US vs. Capistrano:
There is two (2) inconsistency in one (1) and the same matter
The court must prove first which of the following inconsistencies/statement is false
WHERE TO FILE: in the place where you make the deliberate assertion
PERJURY FALSIFICATION
SUBORNATION OF PERJURY
No crime of subornation of perjury
Proposal to commit perjury
MALVERSATION ESTAFA
Committed by public officer/employee (accountable public officer) Private citizen
Misappropriates: converts the public funds for his personal use/benefit Misappropriates: converts the funds entrusted to him for
his personal use and benefit
By reason of the nature of his position: on account of his use/participation in the public funds:
PRIMA FACIE EVIDENCE OF MALVERSATION: FAILURE TO RENDER AN ACCOUNTING (there must be a demand
<demand is a pre-requisite for the application of the presumption>
TECHNICAL MALVERSATION
Applies the funds for purpose not on the basis of its appropriation or allocation
PARRICIDE
Kills mother; father or child whether legitimate or illegitimate
If other ascendants or descendants as well as spouse it must be legitimate
Strangers who cooperate with the commission of the crime will be liable for homicide or murder as the case may be
MURDER (HOMICIDE)
Murder if attended by a Qualifying AC
TREACHER: at the time the victim was attacked, he was defenseless
ABUSE OF SUPERIOR STRENGHT: obvious inequality of forces/notorious inequality of forces
EVIDENT PREMEDITATION: cool reflection to commit a crime
CRUELTY: adding to the physical sufferings of the victim
2. SEXUAL ASSAULT
Object Rape: if you insert a thing (finger /object)
In Rape the victim is incapable of giving consent
If consent is freely given: there is no rape
If there is consent given but eventually withdrawn: there is rape (act must be accompanied by force)
Absent of consent must be until the very time of penetration
NO CRIME OF FRUSTRATED RAPE, ONLY ATTEMPTED OR CONSUMMATED (slightest penetration consummates rape)
UNLICENSED FIREARM
Use of unlicensed firearm in the killing is AGGRAVATING
Use of unlicensed firearm in other crimes is ABSORBED
Found in possession of unlicensed firearm/ used of unlicensed firearm: liable under RA 8294 (without any attending circumstan ce)
If during election ban: two (2) separate crime VIOLATION OF RA 8294 AND VIOLATION OF THE OMNIBUS ELECTION CODE
ROBBERY
Taking of personal property with intent to gain
Violation against or intimidation of persons or force upon things; absence of theses which is taking of personal property with intent to gain will constitute the crime of THEFT
SPECIAL COMPLEX CRIMES: INTENT TO ROB MUST PRECEDE THE ACTS; if evidence shows that there is no, intent to rob, no special complex crime (if not proved consequent
crime)
ROBBERY WITH HOMICIDE
There is robbery with homicide even if the robber was killed
Both crime (the robbery and the homicide) must be consummated
If attempted/frustrated robbery: ATTEMPTED/FRUSTRATED ROBBERY WITH HOMICIDE
If there is intent to kill but NOT consummated: TWO (2) SEPARATE CRIMES OF ATTEMPTED/FRUSTRATED ROBBERY AND HOMICIDE/MURDER/.
If death is accidental, no intent to kill: TWO (2) SEPARATE CRIMES OF ATTEMPTED/FRUSTRATED ROBBERY AND HOMICIDE
ROBBERY BY A BAND
At least four (4) armed malefactors commit the crime
ASSAULT
GR: All are liable.
XPN: if he attempt to prevent or prevent the assault, he will not be liable.
BRIGANDAGE
Highway Robbery: Band of Robbers committing criminal offense/acts on the highway
Indiscriminate unlawful acts committed in the Philippine Highway: liable under PD 532
CARNAPPING
RA 6539
Robbery/Theft of Motorized Vehicle
Theft of Motorized Vehicle (Qualified)
Exceptions: Road rollers; trolleys; street sweepers; sprinklers; lawn mowers; amphibian trucks -- CONSIDERED UNDER ARTICLE QUALIFIED THEFT (ART. 310)
ALL OTHERS WILL BE CHARGED AS CARNAPPING
QUALIFIED CARNAPPING: Owner; Driver; Passenger of the carnapped vehicle is killed or raped.
ARTICLE 312
Committed through violence/intimidation with intent to gain
Covers both rural and urban lands
ARTICLE 315.
ESTAFA BY ABUSE OF CONFIDENCE --involves trust; person is entrusted with funds/property: very same thing given/entrusted must be the very same thing returned
ESTAFA BY MEANS OF DECEIT --by reason of false manifestation/false representation/false pretense: by virtue of which the offender is able to obtain
money/property from the offended party; in cases of post-dated checks: false representation must be made at the time of the
obligation, if not the offender is liable for violation of BP 22
ARSON
Malicious burning of property
If both burning and death occur:
If intent is to burn: ARSON, homicide is absorbed
If main objective is killing: MURDER, fire is resorted to as a means to accomplish the crime
People vs. Malisingnan: killing: killed: fire is resorted to conceal the murder: TWO SEPARATE CRIMES: ARSON AND MURDER/HOMICIDE
ADULTERY
CONCUBINAGE
Married man committed sexual intercourse to his paramour in their conjugal house
1. Keep a mistress in the conjugal dwelling:
2. Shall have sexual intercourse under scandalous circumstances with a woman other than his wife: "scandalous circumstances" per tains to acts which married couples usually do
3. Shall cohabit with the mistress in any other place: in the same house, in the same dwelling as husband and wife
Pardon must be made by the offended party before the filing of the criminal complaint
It must be given to both offended parties
LIBEL/SLANDER
Public and malicious imputation of a crime (libelous matter is conveyed to a third person)
For as long as the libelous matter/slanderous matter did not reach the ears of the third person, there is no slanderous or li belous matter. -- as long it has not been reach the
ears/eyes of the third party there is no libel/slander
US vs. ATENCIO: a man's reputation is the estimate in which others hold him not the good opinion he has for himself.
It must be public and malicious imputation; every defamatory imputation is presumed to be malicious , except in matters of privileged communication;
Privileged communication will not be considered an exception if it is a malice in fact: you have to prove it by ill -will, hatred and the purpose to injure.
The offended party must be identifiable by a third person; so that the reputation of the victim will be destroyed
PROOF OF TRUTH
Admissible: if the act/omission imputed constitute a crime whether or not the offended party is a public officer or a private individual
If the offended party is a government employee, even if the act/omission imputed constitute a crime, proof truth is admissibl e if it pertains to the discharge of his
official function; if it pertains to his private capacity: proof of truth is inadmissible