Professional Documents
Culture Documents
. Misprision of treason Art. and Violation of Neutrality, under Article
The Philippines is not a party to a war
.
spionage Art. . but there is a war going on. This may
be committed in the light of the Middle
m
ast war.
. nciting to war or giving motives for reprisals c
Art.
c
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. Violation of neutrality Art.
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. Corresponding with hostile country Art. . ffender is a ilipino or resident alien
. TH
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S A AR N HCH TH
PHLPPN
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. light to enemy's country Art. . ffender either
A. L
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lements of proposal to commit treason not apply here because the persons found liable
. There is a war in which the Philippines is for this crime are not considered accessories
involved they are treated as principals.
. At least one person decides to n the bar examination, a problem was
A. L
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NT given with respect to misprision of treason. The
R text of the provision simply refers to a
conspiracy to overthrow the government. The
b. adhere to the enemies, giving them aid
examiner failed to note that this crime can only
or comfort
be committed in times of war. The conspiracy
. He proposes its execution to some other
adverted to must be treasonous in character. n
persons.
the problem given, it was rebellion. A conspiracy
to overthrow the government is a crime of
rebellion because there is no war. nder the
Ô
Revised Penal Code, there is no crime of
misprision of rebellion.
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.c ffender owes allegiance to the government,
and not a foreigner
.c He has knowledge of conspiracy to commit
treason against the government
Acts punished
.c He conceals or does not disclose and make
. By entering, without authority therefore, a
known the same as soon as possible to the
warship, fort or naval or military
governor or fiscal of the province in which he
establishment or reservation to obtain any
resides, or the mayor or fiscal of the city in
information, plans, photograph or other data
which he resides.
of a confidential nature relative to the
defense of the Philippines
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è c c
c c c c
c c
a. ffender enters any of the places
c c c c
c c c
c
mentioned
c c
c c
c c
c c
b. He has no authority therefore
. Misprision of treason is a crime that
c. His purpose is to obtain information,
may be committed only by citizens of the
plans, photographs or other data of a
Philippines.
confidential nature relative to the
defense of the Philippines.
Ô c c c c
c c c c c
c c c c
c cc c
. By disclosing to the representative of a
c c c c c c
c c
foreign nation the contents of the articles,
c c c c
c c c
data or information referred to in paragraph
c c
hat is required is to
of Article , which he had in his
report it as soon as possible. The criminal
possession by reason of the public office he
liability arises if the treasonous activity was still
holds.
at the conspiratorial stage. Because if the
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treason already erupted into an overt act, the
a. ffender is a public officer
implication is that the government is already
b. He has in his possession the articles,
aware of it. There is no need to report the same.
data or information referred to in
This is a felony by omission although committed
paragraph of Article , by reason of
with dolo, not with culpa.
the public office he holds
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.c ffender performs unlawful or unauthorized . Going to the enemy country is prohibited by
acts competent authority.
.c The acts provoke or give occasion for
a. a war involving or liable to involve the
Philippines or n crimes against the law of nations, the
b. exposure of ilipino citizens to reprisals offenders can be prosecuted anywhere in the
on their persons or property. world because these crimes are considered as
against humanity in general, like piracy and
mutiny. Crimes against national security can be
tried only in the Philippines, as there is a need to
bring the offender here before he can be made
f any of the circumstances in Article is Between numbers and , the point of
present, piracy is qualified. Take note of the distinction is whether the aircraft is of Philippine
specific crimes involve in number c murder, registry or foreign registry. The common bar
homicide, physical inuries or rape. hen any question on this law usually involves number .
of these crimes accompany piracy, there is no The important thing is that before the anti hi-
complex crime. nstead, there is only one crime acking law can apply, the aircraft must be in
ither arbitrary detention or illegal detention was was not given place under booking sheet or
committed. f a person is brought to a safe report arrest, then that means that the only
house, blindfolded, even if he is free to move as purpose of the offender is to stop him from
he pleases, but if he cannot leave the place, driving his eepney because he refused to
arbitrary detention or illegal detention is contribute to the tong.
committed.
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As to offender
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.c ffender is a public officer or employee
n arbitrary detention, the offender is a .c He detains a person for some legal ground
public officer possessed with authority to .c He fails to deliver such person to the proper
make arrests. udicial authorities within
This article does not apply if the arrest is with a nder the Revised Rules of Court, when the
warrant. The situation contemplated here is an person arrested is arrested for a crime which
arrest without a warrant. gives him the right to preliminary investigation
and he wants to avail his right to a preliminary
investigation, he would have to waive in writing
his rights under Article so that the arresting
officer will not immediately file the case with the
court that will exercise urisdiction over the case.
ithin what period should a police officer who f he does not want to waive this in writing, the
has arrested a person under a warrant of arrest arresting officer will have to comply with Article
turn over the arrested person to the udicial and file the case immediately in court
authority? without preliminary investigation. n such case,
the arrested person, within five days after
There is no time limit specified except that the learning that the case has been filed in court
return must be made within a reasonable time. without preliminary investigation, may ask for
The period fixed by law under Article does preliminary investigation. n this case, the public
not apply because the arrest was made by virtue officer who made the arrest will no longer be
of a warrant of arrest. liable for violation of Article .
Before Article may be applied, it is necessary n
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, the
that initially, the detention of the arrested person mayor of the City of Manila wanted to make the
must be lawful because the arrest is based on city free from prostitution. He ordered certain
legal grounds. f the arrest is made without a prostitutes to be transferred to Davao, without
warrant, this constitutes an unlawful arrest. observing due processes since they have not
Article , not Article , will apply. f the been charged with any crime at all. t was held
arrest is not based on legal grounds, the arrest is that the crime committed was expulsion.
pure and simple arbitrary detention. Article
contemplates a situation where the arrest was
made without warrant but based on legal
grounds. This is known as citizen¶s arrest.
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. f committed at nighttime or
.c ffender is a public officer or employee
. f any papers or effects not constituting
.c He either
evidence of a crime are not returned
a. expels any person from the Philippines
immediately after the search made by
or
offender.
b. compels a person to change residence
.c ffender is not authorized to do so by law.
According to
and
.c A person surreptitiously enters the dwelling
, the following are the accepted of another. hat crime or crimes were
exceptions to the warrant requirement: possibly committed?
search incidental to an arrest search of
moving vehicles evidence in plain view The crimes committed are qualified
customs searches and consented trespass to dwelling under Article
, if
warrantless search. Stop and frisk is no longer there was an express or implied prohibition
included. against entering. This is tantamount to
entering against the will of the owner and
violation of domicile in the third form if
There are three ways of committing the violation he refuses to leave after being told to.
of Article
:
By simply entering the dwelling of
another if such entering is done against
m
the will of the occupant. n the plain m Ôm
view doctrine, public officer should be
legally entitled to be in the place where
the effects were found. f he entered Acts punished
the place illegally and he saw the . Procuring a search warrant without ust
effects, doctrine inapplicable thus, he is cause
liable for violation of domicile.
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Public officer who enters with consent a. ffender is a public officer or employee
searches for paper and effects without b. He procures a search warrant
the consent of the owner.
ven if he is c. There is no ust cause.
welcome in the dwelling, it does not
mean he has permission to search. .
xceeding his authority or by using
unnecessary severity in executing a search
Refusing to leave premises after warrant legally procured.
surreptitious entry and being told to
leave the same. The act punished is not
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the entry but the refusal to leave. f the a. ffender is a public officer or employee
offender upon being directed to eave, b. He has legally procured a search
followed and left, there is no crime of warrant
violation of domicile.
ntry must be done c. He exceeds his authority or uses
surreptitiously without this, crime may unnecessary severity in executing the
be unust vexation. But if entering was same.
done against the will of the occupant of
the house, meaning there was express
or implied prohibition from entering the
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same, even if the occupant does not
direct him to leave, the crime of is
already committed because it would fall
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in number . .
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n Article , the offender must be a . Conspiracy to commit sedition Art.
public officer and, without any legal
ground, he prohibits, interrupts, or . nciting to sedition Art.
dissolves a peaceful meeting or
assembly to prevent the offended party
. Acts tending to prevent the meeting of
from exercising his freedom of speech Congress and similar bodies Art.
and that of the assembly to petition a
grievance against the government. . Disturbance of proceedings of Congress or
similar bodies Art.
n Article , the offender need not be
a public officer. The essence of the . Violation of parliamentary immunity Art.
crime is that of creating a serious
disturbance of any sort in a public office,
public building or even a private place . llegal assemblies Art.
where a public function is being held.
. llegal associations Art.
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. ffender is a public officer or employee . Disobedience to summons issued by
. Religious ceremonies or manifestations of Congress, its committees, etc., by the
any religious are about to take place or are constitutional commissions, its committees,
going on etc. Art.
. ffender prevents or disturbs the same.
. Resistance and disobedience to a person in
ualified if committed by violence or threat. authority or the agents of such person Art.
The essence of this crime is a public uprising Since a higher penalty is prescribed for the crime
with the taking up of arms. t requires a of rebellion when any of the specified acts are
multitude of people. t aims to overthrow the committed in furtherance thereof, said acts are
duly constituted government. t does not require punished as components of rebellion and,
the participation of any member of the military therefore, are not to be treated as distinct
or national police organization or public officers crimes. The same acts constitute distinct crimes
and generally carried out by civilians. Lastly, the when committed on a different occasion and not
crime can only be committed through force and in furtherance of rebellion. n short, it was
violence. because Article then punished said acts as
components of the crime of rebellion that
precludes the application of Article
of the
Rebellion and insurrection are not synonymous. Revised Penal Code thereto. n the eyes of the
a c c
c #c c c c law then, said acts constitute only one crime and
$c c c
c c
c c that is rebellion. The Hernandez doctrine was
c c c c %c reaffirmed in
nrile v. Salazar because the text
while c c
c of Article has remained the same as it was
c
ccc cc
c when the Supreme Court resolved the same
c c
c c c
c c c issue in the People v. Hernandez. So the
c
c c c c c %c c Supreme Court invited attention to this fact and
c c cc cc thus stated:
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There is a an apparent need to restructure the
law on rebellion, either to raise the penalty
Rebellion can now be complexed therefore or to clearly define and delimit the
with common crimes. Not long ago, other offenses to be considered absorbed
n
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it was n sedition, it is sufficient that the public
held that an accused already convicted of uprising be tumultuous.
rebellion may not be prosecuted further for
illegal possession of firearm and ammunition, a As to purpose
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different and punished with distinct penalties,
. ffender is a person or persons belonging to
there is no legal impediment to the application of
the military or police or holding any public
RPC Art.
.
office or employment
. t is committed by means of a swift attack
accompanied by violence, intimidation, Persons liable for rebellion, insurrection or coup
threat, strategy or stealth d' etat under
!
. The attack is directed against the duly . The leaders
constituted authorities of the Republic of the a. Any person who promotes, maintains or
Philippines, or any military camp or heads a rebellion or insurrection or
installation, communication networks, public b. Any person who leads, directs or
utilities or other facilities needed for the commands others to undertake a coup d'
exercise and continued possession of power etat
. The purpose of the attack is to seize or . The participants
diminish state power. a. Any person who participates or executes
the commands of others in rebellion,
insurrection or coup d' etat
The essence of the crime is a swift attack upon b. Any person not in the government
the facilities of the Philippine government, service who participates, supports,
military camps and installations, communication finances, abets or aids in undertaking a
networks, public utilities and facilities essential coup d' etat.
to the continued possession of governmental
powers. t may be committed singly or
collectively and does not require a multitude of
!
people. The obective may not be to overthrow
the government but only to destabilize or
paralyze the government through the seizure of
facilities and utilities essential to the continued Conspiracy and proposal to commit rebellion are
possession and exercise of governmental two different crimes, namely:
powers. t requires as principal offender a
member of the AP or of the PNP organization or . Conspiracy to commit rebellion and
a public officer with or without civilian support.
inally, it may be carried out not only by force or . Proposal to commit rebellion.
violence but also through stealth, threat or
strategy. There is conspiracy to commit rebellion when
two or more persons come to an agreement to
rise publicly and take arms against government
for any of the purposes of rebellion and decide to
commit it.
lements
offenders may be different, both crimes are
.c ffenders rise publicly and tumultuously
political in purpose and directed against the
.c ffenders employ force, intimidation, or
Government. The essence is the same and thus
other means outside of legal methods
constitute only one crime. hen the two crimes
.c Purpose is to attain any of the following
are not distinct, Art.
does not properly apply.
obects:
a.c To prevent the promulgation or
execution of any law or the holding of
any popular election
b.c To prevent the national government or
any provincial or municipal government,
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. There is a meeting of Congress or any of its
committees or subcommittees, constitutional
Acts punished commissions or committees or divisions
. nciting others to the accomplishment of any thereof, or of any provincial board or city or
of the acts which constitute sedition by municipal council or board
means of speeches, proclamations, writings, . ffender does any of the following acts:
emblems, etc. a. He disturbs any of such meetings
. ttering seditious words or speeches which b. He behaves while in the presence of any
tend to disturb the public peace such bodies in such a manner as to
. riting, publishing, or circulating scurrilous interrupt its proceedings or to impair the
libels against the government or any of the respect due it.
duly constituted authorities thereof, which
tend to disturb the public peace.
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m a. ffender is a public officer of employee
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b. He arrests or searches any member of
# Congress
c. Congress, at the time of arrest or
n illegal assembly, it is necessary that there c. At the time of the assault, the person in
is an actual meeting or assembly or armed authority or his agent is engaged in the
persons for the purpose of committing any of actual performance of official duties, or
the crimes punishable under the Code, or of that he is assaulted by reason of the
individuals who, although not armed, are past performance of official duties
incited to the commission of treason,
d. ffender knows that the one he is
rebellion, sedition, or assault upon a person
assaulting is a person in authority or his
in authority or his agent.
agent in the exercise of his duties.
. n illegal association, it is the act of forming
e. There is no public uprising.
or organizing and membership in the
association that are punished.
The crime is not based on the material
n illegal assembly, it is the meeting and
consequence of the unlawful act. The crime of
attendance at such meeting that are
direct assault punishes the spirit of lawlessness
punished.
and the contempt or hatred for the authority or
. n illegal association, the persons liable are the rule of law.
the founders, directors and president
and the members. To be specific, if a udge was killed while he was
holding a session, the killing is not the direct
n illegal assembly, the persons liable are assault, but murder. There could be direct
the organizers or leaders of the meeting and assault if the offender killed the udge simply
the persons present at meeting. because the udge is so strict in the fulfillment of
his duty. t is the spirit of hate which is the
essence of direct assault.
So, where the spirit is present, it is always
complexed with the material consequence of the
Acts punished unlawful act. f the unlawful act was murder or
homicide committed under circumstance of
. ithout public uprising, by employing force lawlessness or contempt of authority, the crime
or intimidation for the attainment of any of would be direct assault with murder or homicide,
the purposes enumerated in defining the as the case may be. n the example of the udge
crimes of rebellion and sedition who was killed, the crime is direct assault with
murder or homicide.
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c c c c c
%c c c
a. ffender employs force or intimidation
c #c c c c
c c
c
c c$ Direct assault absorbs the
b. The aim of the offender is to attain any lighter felony the crime of direct assault can not
of the purposes of the crime of rebellion be separated from the material result of the act.
or any of the obects of the crime of So, if an offender who is charged with direct
sedition assault and in another court for the slight
physical nury which is part of the act, acquittal
c. There is no public uprising.
xample of the first form of direct assault: material consequence of he unlawful act: murder
or homicide. or the crime to be direct assault,
Three men broke into a National ood Authority the attack must be by reason of his official
warehouse and lamented sufferings of the function in the past. Motive becomes important
people. They called on people to help in this respect.
xample, if a udge was killed
themselves to all the rice. They did not even while resisting the taking of his watch, there is
help themselves to a single grain. no direct assault.
The crime committed was direct assault. There n the second form of direct assault, it is also
was no robbery for there was no intent to gain. important that the offended party knew that the
The crime is direct assault by committing acts of person he is attacking is a person in authority or
sedition under Article , that is, spoiling of an agent of a person in authority, performing his
the property, for any political or social end, of official functions. No knowledge, no lawlessness
any person municipality or province or the or contempt.
national government of all or any its property, or example, if two persons were quarreling and
but there is no public uprising. a policeman in civilian clothes comes and stops
them, but one of the protagonists stabs the
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% policeman, there would be no direct assault
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unless the offender knew that he is a policeman.
n this respect it is enough that the offender
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should know that the offended party was
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exercising some form of authority. t is not
necessary that the offender knows what is meant
Agent of a person in authority
by person in authority or an agent of one
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because ignorantia legis neminem excusat.
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victim of any of the forms of direct assault
n applying the provisions of Articles
and defined in Article
, teachers, professors, and persons charged .c A person comes to the aid of such authority
with the supervision of public or duly recognized or his agent
private schools, colleges and universities and .c ffender makes use of force or intimidation
lawyers in the actual performance of their duties upon such person coming to the aid of the
or on the occasion of such performance, shall be authority or his agent.
deemed a person in authority.
Acts punished
. By refusing, without legal excuse, to obey . n resistance, the person in authority or
summons of Congress, its special or standing his agent must be in actual performance
committees and subcommittees, the of his duties.
Constitutional Commissions and its
committees, subcommittees or divisions, or n direct assault, the person in authority
by any commission or committee chairman or his agent must be engaged in the
or member authorized to summon performance of official duties or that he
witnesses is assaulted by reason thereof.
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c c cc cc The disturbance of the pubic order is tumultuous
and the penalty is increased if it is brought about
.c Municipal mayor
by armed men. The term armed´ does not refer
.c Division superintendent of schools
to firearms but includes even big stones capable
.c Public and private school teachers
of causing grave inury.
.c Teacher-nurse
.c President of sanitary division
t is also disturbance of the public order if a
.c Provincial fiscal
convict legally put to death is buried with pomp.
.c Justice of the Peace
He should not be made out as a martyr it might
.c Municipal councilor
incite others to hatred.
.c Barrio captain and barangay chairman.
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Acts punished
Acts Punished
. Publishing or causing to be published, by
.c Causing any serious disturbance in a public
means of printing, lithography or any other
place, office or establishment
means of publication, as news any false
news which may endanger the public order
.c nterrupting or disturbing performances,
or cause damage to the interest or credit of
functions or gatherings, or peaceful
the State
meetings, if the act is not included in Articles
and
.
ncouraging disobedience to the law or to
.c Making any outcry tending to incite rebellion
the constituted authorities or praising,
or sedition in any meeting, association or
ustifying or extolling any act punished by
public place
law, by the same means or by words,
utterances or speeches
. Displaying placards or emblems which
provoke a disturbance of public order in such
place . MALCSLY PBLSHNG R CASNG T
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. Burying with pomp the body of a person who R DCM
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has been legally executed. ATHRTY, R B
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Actual public disorder or actual damage to the !
credit of the State is not necessary.
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prohibits the reprinting,
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reproduction or republication of government
publications and official documents without
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previous authority.
The crime alarms and scandal is only one crime.
Do not think that alarms and scandals are two
crimes.
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.c ffender is a convict by final udgment
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.c He is serving sentence which consists in the
deprivation of liberty
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.c He evades service of his sentence by
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escaping during the term of his
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imprisonment.
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ualifying circumstances as to penalty imposed
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f such evasion or escape takes place
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. By means of unlawful entry this should be
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by scaling´ - Reyes
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. By breaking doors, windows, gates, walls,
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roofs or floors
. By using picklock, false keys, disguise,
deceit, violence or intimidation or
n both crimes, the person involved may be a
. Through connivance with other convicts or
convict or a mere detention prisoner.
employees of the penal institution.
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By simply leaving or escaping from the
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penal establishment under Article
the custodian at that time, the crime is infidelity
ailure to return within
hours after
in the custody of prisoners. But if the offender is
having left the penal establishment
not the custodian of the prisoner at that time,
because of a calamity, conflagration or
even though he is a public officer, the crime he
mutiny and such calamity, conflagration
committed is delivering prisoners from ail.
or mutiny has been announced as
already passed under Article
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Violating the condition of conditional
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pardon under Article .
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f the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping
if he does not know of the plan to remove him
from ail. But if such prisoner knows of the plot
to remove him from ail and cooperates therein
by escaping, he himself becomes liable for
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c c c c The administrative liability of the convict under
c c c c c c c c the conditional pardon is different and has
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c nothing to do with his criminal liability for the
evasion of service of sentence in the event that
Those who did not leave the penal establishment the condition of the pardon has been violated.
are not entitled to the / credit. nly those
xception: where the violation of the condition of
who left and returned within the
-hour period. the pardon will constitute evasion of service of
sentence, even though committed beyond the
Ô c
cc cc c c
c c remaining period of the sentence. This is when
c c c c c c c the conditional pardon expressly so provides or
c c c Ô c
c c c c the language of the conditional pardon clearly
c c ccc shows the intention to make the condition
c c c c c perpetual even beyond the unserved portion of
c c 4c c c c c the sentence. n such case, the convict may be
c c c $c c !c "5
c c
c required to serve the unserved portion of the
c c c c c c sentence even though the violation has taken
c place when the sentence has already lapsed.
Mutiny is one of the causes which may authorize n order that the conditional pardon may be
a convict serving sentence in the penitentiary to violated, it is conditional that the pardonee
leave the ail provided he has not taken part in received the conditional pardon. f he is
the mutiny. released without conformity to the conditional
c pardon, he will not be liable for the crime of
Ô c
c c c c c c c evasion of service of sentence.
c c
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nder Article , there are two situations . Making and importing and uttering false
provided: coins Art.
There is a penalty of prision correccional . Mutilation of coins, importation and uttering
minimum for the violation of the of mutilated coins Art.
conditional pardon
. Selling of false or mutilated coins, without
There is no new penalty imposed for the connivance Art.
violation of the conditional pardon.
nstead, the convict will be required to . orging treasury or bank notes or other
serve the unserved portion of the documents payable to bearer, importing and
sentence. uttering of such false or forged notes and
documents Art.
f the remitted portion of the sentence is less
than six years or up to six years, there is an . Counterfeiting, importing and uttering
added penalty of prision correccional minimum instruments not payable to bearer Art.
for the violation of the conditional pardon
hence, the violation is a substantive offense if
the remitted portion of the sentence does not
. LL
GAL PSS
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exceed six years because in this case a new TR
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S AND TH
R
penalty is imposed for the violation of the NSTRM
NTS CR
DT ART.
conditional pardon.
. alsification of legislative documents Art.
But if the remitted portion of the sentence
exceeds six years, the violation of the conditional
pardon is not a substantive offense because no
. alsification by public officer, employee or
new penalty is imposed for the violation.
notary Art.
n other words, you have to qualify your answer.
. alsification by private individuals and use of
falsified documents Art.
The Supreme Court, however, has ruled in the
case of
that this is not a
. alsification of wireless, cable, telegraph and
substantive offense. This has been highly
telephone messages and use of said falsified
criticized.
messages Art.
lements
. Manufacturing and possession of instruments
. ffender was already convicted by final
or implements for falsification Art.
udgment of one offense
. He committed a new felony before beginning
. surpation of authority or official functions
to serve such sentence or while serving the
Art.
same.
. sing fictitious name and concealing true
name Art.
. llegal use of uniforms or insignia Art.
Ô Ô
Ô
#
. alse testimony against a defendant Art.
ÔÔ
. alse testimony in civil cases Art.
ffender under this article should not be the
forger.
. alse testimony in other cases and perury
Art.
!
. ffering false testimony in evidence Art.
lements
. Machinations in public auction Art.
. There be false or counterfeited coins
. ffender either made, imported or uttered
. Monopolies and combinations in restraint of such coins
trade Art.
. n case of uttering such false or
counterfeited coins, he connived with the
. mportation and disposition of falsely counterfeiters or importers.
marked articles or merchandise made of
gold, silver, or other precious metals or their Kinds of coins the counterfeiting of which is
alloys Art.
punished
. Silver coins of the Philippines or coins of the
. Substituting and altering trademarks and Central Bank of the Philippines
trade names or service marks Art.
. Coins of the minor coinage of the Philippines
or of the Central Bank of the Philippines
. nfair competition and fraudulent . Coin of the currency of a foreign country.
registration of trademark or trade name, or
service mark fraudulent designation of
origin, and false description Art.
.
Acts punished
The crimes in this title are in the nature of fraud . MTLATNG CNS TH
L
GAL
or falsity to the public. The essence of the crime CRR
NCY, TH TH
RTH
R
under this title is that which defraud the public in R
R
M
NTS THAT TH
R
B
NT
NT T
general. There is deceit perpetrated upon the DAMAG
R T D
RAD ANTH
R
public. This is the act that is being punished
. mporting or uttering such mutilated coins,
under this title.
with the further requirement that there must
be connivances with the mutilator or
importer in case of uttering.
m
m
m m
m
m m
The first acts of falsification or falsity are
Counterfeiting refers to money or
currency
Acts punished
. orging the great seal of the Government of
orgery refers to instruments of credit
the Philippines
and obligations and securities issued by
. orging the signature of the President
the Philippine government or any
. orging the stamp of the President.
banking institution authorized by the
Philippine government to issue the
same
alsification can only be committed in
respect of documents.
lements
. The great seal of the Republic was
counterfeited or the signature or stamp of
n so far as coins in circulation are concerned,
the Chief
xecutive was forged by another
there are two crimes that may be committed:
person
. ffender knew of the counterfeiting or
forgery
n the crime of counterfeiting, the law is not a#c c
c c c ac 3c
concerned with the fraud upon the public such , c
that even though the coin is no longer legal
tender, the act of imitating or manufacturing the Coin mutilated is of legal tender
coin of the government is penalized. n
punishing the crime of counterfeiting, the law ffender gains from the precious metal
wants to prevent people from trying their dust abstracted from the coin and
ingenuity in their imitation of the manufacture of
money. t has to be a coin.
t is not necessary that the coin counterfeited be Mutilation is being regarded as a crime because
legal tender. So that even if the coin the coin, being of legal tender, it is still in
counterfeited is of vintage, the crime of circulation and which would necessarily preudice
counterfeiting is committed. The reason is to bar other people who may come across the coin. or
the counterfeiter from perfecting his craft of example, mutilated a P . coin, the
counterfeiting. The law punishes the act in order octagonal one, by converting it into a round one
to discourage people from ever attempting to and extracting / of the precious metal dust
gain expertise in gaining money. This is because from it. The coin here is no longer P. but
if people could counterfeit money with impunity only P .
, therefore, preudice to the public
ust because it is no longer legal tender, people has resulted.
would try to counterfeit non-legal tender coins.
Soon, if they develop the expertise to make the There is no expertise involved here. n
counterfeiting more or less no longer discernible mutilation of coins under the Revised Penal
or no longer noticeable, they could make use of Code, the offender does nothing but to scrape,
their ingenuity to counterfeit coins of legal pile or cut the coin and collect the dust and,
tender. rom that time on, the government shall thus, diminishing the intrinsic value of the coin.
have difficulty determining which coins are
counterfeited and those which are not. t may Mutilation of coins is a crime only if the coin
happen that the counterfeited coins may look mutilated is legal tender. f the coin whose
better than the real ones. So, counterfeiting is metal content has been depreciated through
penalized right at the very start whether the coin scraping, scratching, or filing the coin and the
is legal tender or otherwise. offender collecting the precious metal dust, even
if he would use the coin after its intrinsic value
had been reduced, nobody will accept the same.
f it is not legal tender anymore, no one will
accept it, so nobody will be defrauded. But if the
coin is of legal tender, and the offender
has in his possession a coin which was legal minimizes or decreases the precious metal dust
tender at the time of Magellan and is considered content of the coin, the crime of mutilation is
a collector¶s item. He manufactured several committed.
pieces of that coin. s the crime committed?
n the example, if the offender has collected
Yes. t is not necessary that the coin be of legal / of the P . coin, the coin is actually worth
tender. The provision punishing counterfeiting only P .
. He is paying only P.
in effect
does not require that the money be of legal defrauding the seller of P .. Punishment for
tender and the law punishes this even if the coin mutilation is brought about by the fact that the
concerned is not of legal tender in order to intrinsic value of the coin is reduced.
discourage people from practicing their ingenuity
of imitating money. f it were otherwise, people The offender must deliberately reduce the
may at the beginning try their ingenuity in precious metal in the coin. Deliberate intent
imitating money not of legal tender and once arises only when the offender collects the
they acquire expertise, they may then precious metal dust from the mutilated coin. f
counterfeit money of legal tender. the offender does not collect such dust, intent to
Mutilation of coins -- This refers to the mutilate is absent, but Presidential Decree No.
deliberate act of diminishing the proper will apply.
metal contents of the coin either by
scraping, scratching or filling the edges
Yes. Presidential Decree No. is violated The primary purpose of Presidential Decree No.
by such act. at the time it was ordained was to stop the
practice of people writing at the back or on the
.c Sometime before martial law was imposed, edges of the paper bills, such as wanted: pen
the people lost confidence in banks that they pal.
preferred hoarding their money than
depositing it in banks. ormer President So, if the act of mutilating coins does not involve
erdinand Marcos declared upon declaration gathering dust like playing cara y cruz, that is
of martial law that all bills without the not mutilation under the Revised Penal Code
Bagong Lipunan sign on them will no longer because the offender does not collect the metal
be recognized. Because of this, the people dust. But by rubbing the coins on the sidewalk,
had no choice but to surrender their money he also defaces and destroys the coin and that is
to banks and exchange them with those with punishable under Presidential Decree No. .
the Bagong Lipunan sign on them. However,
people who came up with a lot of money
were also being charged with hoarding for
which reason certain printing presses did the
stamping of the Bagong Lipunan sign
themselves to avoid prosecution. as there
a violation of Presidential Decree No. ?
As long as any of the acts of falsification is .c ffender committed any of the acts of
committed, whether the document is falsification except Article , that is,
genuine or not, the crime of falsification may issuing in an authenticated form a document
be committed.
ven totally false documents purporting to be a copy of an original
may be falsified. document when no such original exists, or
including in such a copy a statement
contrary to, or different from, that of the
Ô cc cc c
c genuine original
Public document in the execution of .c alsification was committed in any private
which, a person in authority or notary document
public has taken part .c alsification causes damage to a third party
or at least the falsification was committed
fficial document in the execution of with intent to cause such damage.
which a public official takes part
lements under the last paragraph
Commercial document or any document
recognized by the Code of Commerce or n introducing in a udicial proceeding
any commercial law and .c ffender knew that the document was
falsified by another person
Private document in the execution of .c The false document is in Articles or
which only private individuals take part. or
.c He introduced said document in evidence in
Public document is broader than the term official any udicial proceeding.
document. Before a document may be
considered official, it must first be a public n use in any other transaction
document. But not all public documents are
official documents. To become an official .c ffender knew that a document was falsified
document, there must be a law which requires a by another person
public officer to issue or to render such .c The false document is embraced in Articles
document.
xample: A cashier is required to or or
issue an official receipt for the amount he .c He used such document
receives. The official receipt is a public .c The use caused damage to another or at
document which is an official document. least used with intent to cause damage.
Persons liable
Acts punished
.c Physician or surgeon who, in connection with
. ttering fictitious wireless, telegraph or the practice of his profession, issues a false
telephone message certificate it must refer to the illness or
inury of a person
[The crime here is false medical certificate
lements by a physician.Ã
a. ffender is an officer or employee of the .c Public officer who issues a false certificate of
government or an officer or employee of merit of service, good conduct or similar
a private corporation, engaged in the circumstances
service of sending or receiving wireless, [The crime here is false certificate of merit
cable or telephone message or service by a public officer.Ã
b. He utters fictitious wireless, cable,
telegraph or telephone message. .c Private person who falsifies a certificate
falling within the classes mentioned in the
two preceding subdivisions.
. alsifying wireless, telegraph or telephone
message
lements
lements
. The following issues a false certificate:
a. ffender is an officer or employee of the a.c Physician or surgeon, in connection with
government or an officer or employee of the practice of his profession, issues a
a private corporation, engaged in the false certificate
service of sending or receiving wireless, b.c Public officer issues a false certificate of
cable or telephone message merit of service, good conduct or similar
circumstances
b. He falsifies wireless, cable, telegraph or c.c Private person falsifies a certificate
telephone message. falling within the classes mentioned in
the two preceding subdivisions.
.c ffender knows that the certificate was
. sing such falsified message. false
.c He uses the same.
lements
a. ffender knew that wireless, cable,
telegraph, or telephone message was
falsified by an officer or employee of the
government or an officer or employee of
a private corporation, engaged in the Acts punished
service of sending or receiving wireless,
cable or telephone message . Making or introducing into the Philippines
any stamps, dies, marks, or other
b. He used such falsified dispatch instruments or implements for counterfeiting
c. The use resulted in the preudice of a or falsification
third party or at least there was intent to . Possession with intent to use the
cause such preudice. instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.
lements
a. ffender knowingly and falsely
represents himself
b. As an officer, agent or representative of
lements
any department or agency of the .c ffender makes use of insignia, uniforms or
Philippine government or of any foreign dress
government. .c The insignia, uniforms or dress pertains to
an office not held by such person or a class
. surpation of official functions. of persons of which he is not a member
.c Said insignia, uniform or dress is used
lements publicly and improperly.
a. ffender performs any act
b. Pertaining to any person in authority or earing the uniform of an imaginary office is not
public officer of the Philippine punishable.
government or any foreign government,
or any agency thereof So also, an exact imitation of a uniform or dress
c. nder pretense of official position is unnecessary a colorable resemblance
d. ithout being lawfully entitled to do so. calculated to deceive the common run of people
is sufficient.
Ô
Ô
Acts punished
. sing fictitious name
lements
. There is a criminal proceeding
lements . ffender testifies falsely under oath against
a. ffender uses a name other than his real the defendant therein
name . ffender who gives false testimony knows
b. He uses the fictitious name publicly that it is false.
c. Purpose of use is to conceal a crime, to . Defendant against whom the false testimony
evade the execution of a udgment or to is given is either acquitted or convicted in a
cause damage [to public interest final udgment.
ReyesÃ.
Three forms of false testimony
. Concealing true name . alse testimony in criminal cases under
Article
and
lements . alse testimony in civil case under
a. ffender conceals his true name and Article
other personal circumstances . alse testimony in other cases under
b. Purpose is only to conceal his identity. Article
.
lements of perury
.c ffender makes a statement under oath or
executes an affidavit upon a material
matter Ô
.c The statement or affidavit is made before a
competent officer, authorized to receive and Acts punished
administer oaths . Combination to prevent free competition in
.c ffender makes a willful and deliberate the market
assertion of a falsehood in the statement or
affidavit
lements
.c The sworn statement or affidavit containing a.
ntering into any contract or agreement
the falsity is required by law, that is, it is or taking part in any conspiracy or
made for a legal purpose. combination in the form of a trust or
otherwise
b. n restraint of trade or commerce or to
Ô
prevent by artificial means free
competition in the market.
lements
. Monopoly to restrain free competition in the
. ffender offers in evidence a false witness or market
testimony
. He knows that the witness or the testimony
lements
was false a. By monopolizing any merchandise or
obect of trade or commerce, or by
. The offer is made in any udicial or official combining with any other person or
proceeding. persons to monopolize said merchandise
or obect
b. n order to alter the prices thereof by
spreading false rumors or making use of
m
any other artifice
Acts punished
c. To restrain free competition in the
. Soliciting any gift or promise as a
market
consideration for refraining from taking part
in any public auction
. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
lements
with any person to make transactions
a. There is a public auction
preudicial to lawful commerce or to increase
b. ffender solicits any gift or a promise
the market price of merchandise.
from any of the bidders
lements
. raudulent designation of origin false
. ffender imports, sells or disposes articles
description:
made of gold, silver, or other precious
metals or their alloys
lements
. The stamps, brands, or marks of those
a. By affixing to his goods or using in
articles of merchandise fail to indicate the
connection with his services a false
actual fineness or quality of said metals or
designation of origin, or any false
alloys
description or representation and
. ffender knows that the stamps, brands, or
b. Selling such goods or services.
marks fail to indicate the actual fineness or
quality of the metals or alloys.
. raudulent registration
.. Any person who shall employ a s likely to cause confusion, or
deception or any other means contrary to good to cause mistake, or to deceive as to the
faith by which he shall pass off the goods affiliation, connection, or association of such
manufactured by him or in which he deals, or his person with another person, or as to the origin,
business, or services for those of the one having sponsorship, or approval of his or her goods,
established such goodwill, or who shall commit services, or commercial activities by another
any acts calculated to produce said result, shall person or
be guilty of unfair competition, and shall be
subect to an action therefor. b n commercial advertising or
promotion, misrepresents the nature,
.. n particular, and without in any characteristics, qualities, or geographic origin of
way limiting the scope of protection against his or her or another person's goods, services or
unfair competition, the following shall be deemed commercial activities, shall be liable to a civil
guilty of unfair competition: action for damages and inunction provided in
Section and of this Act by any person
.c llegal Chemical Diversion of Controlled .c llegal betting on horse races Art.
Precursors and
ssential Chemicals
.c llegal cockfighting Art.
.c Manufacture or Delivery of
quipment,
nstrument, Apparatus and ther .c Grave scandal Art.
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and
ssential .c mmoral doctrines, obscene publications and
Chemicals exhibitions Art. and
.c Vagrancy and prostitution Art.
.c Possession or use of prohibited drugs
includes
cstasy and its derivatives
m m
.c Possession of
quipment, nstrument,
Apparatus and ther Paraphernalia for
Dangerous Drugs
c
xcept when possessed in the practice of Acts punished
a profession
c Possession prima facie evidence of drug . Taking part directly or indirectly in
use. a. any game of monte, ueteng, or any
other form of lottery, policy, banking, or
xceptions: These are games which are henever someone buys from that
expressly prohibited even without bets. Monte, supermarket, he pays cents more for
ueteng or any form of lottery dog races slot each merchandise and for his purchase,
machines these are habit-forming and addictive he gets a coupon which is to be dropped
to players, bringing about the pernicious effects at designated drop boxes to be raffled
to the family and economic life of the players. on a certain period.
Mere possession of lottery tickets or lottery lists The increase of the price is to answer for
is a crime punished also as part of gambling. the cost of the valuable prices that will
However, it is necessary to make a distinction be covered at stake. The increase in the
whether a ticket or list refers to a past date or to price is the consideration for the chance
a future date. to win in the lottery and that makes the
lottery a gambling game.
llustration:
But if the increase in prices of the
was accused one night and found in his articles or commodities was not general,
possession was a list of ueteng. f the date but only on certain items and the
therein refers to the past, cannot be convicted increase in prices is not the same, the
of gambling or illegal possession of lottery list fact that a lottery is sponsored does not
without proving that such game was indeed appear to be tied up with the increase in
played on the date stated. Mere possession is prices, therefore not illegal.
not enough. f the date refers to the future,
can be convicted by the mere possession with Also, in case of manufacturers, you have
intent to use. This will already bring about to determine whether the increase in the
criminal liability and there is no need to prove price was due to the lottery or brought
that the game was played on the date stated. f about by the normal price increase. f
the possessor was caught, chances are he will the increase in price is brought about by
not go on with it anymore. the normal price increase [economic
factorà that even without the lottery the
Ô cc ccc c c c ccc price would be like that, there is no
c
cc
c
c consideration in favor of the lottery and
the lottery would not amount to a
. f the public is made to pay not only for gambling game.
the merchandise that he is buying, but
also for the chance to win a prize out of f the increase in the price is due
the lottery, lottery becomes a gambling particularly to the lottery, then the
game. Public is made to pay a higher lottery is a gambling game. And the
price. sponsors thereof may be prosecuted for
illegal gambling under Presidential
. f the merchandise is not saleable Decree No. .
because of its inferior quality, so that
the public actually does not buy them, The merchandise is not really saleable
but with the lottery the public starts because of its inferior quality. A certain
patronizing such merchandise. n effect, manufacturer, Bhey Company,
the public is paying for the lottery and manufacture cigarettes which is not
not for the merchandise, and therefore saleable because the same is irritating to
the lottery is a gambling game. Public is the throat, sponsored a lottery and a
not made to pay a higher price. coupon is inserted in every pack of
cigarette so that one who buys it shall
have a chance to participate. Due to the
coupons, the public started buying the
cigarette. Although there was no price
f it is against the will of the woman, the
crime would be acts of lasciviousness.
n grave scandal, the scandal involved refers to n a certain apartment, a lady tenant
moral scandal offensive to decency, although it had the habit of undressing in her room
does not disturb public peace. But such conduct without shutting the blinds. She does
or act must be open to the public view. this every night at about eight in the
evening. So that at this hour of the
n alarms and scandals, the scandal involved night, you can expect people outside
refers to disturbances of the public tranquility gathered in front of her window looking
and not to acts offensive to decency. at her silhouette. She was charged of
grave scandal. Her defense was that
Any act which is notoriously offensive to decency she was doing it in her own house.
may bring about criminal liability for the crime of
grave scandal provided such act does not t is no defense that she is doing it in
constitute some other crime under the Revised her private home. t is still open to the
Penal Code. Grave scandal is a crime of last public view.
resort.
n a particular building in Makati which
stands right next to the house of a
hile this may be the most common form of The term prostitution is applicable to a woman
vagrancy, yet even millionaires or one who has who for profit or money habitually engages in
.
scape of prisoner under the custody of a
Ô Ô ÔÔ#
# person not a public officer Art.
. Removal, concealment or destruction of
documents Art.
. Knowingly rendering unust udgment Art.
. fficer breaking seal Art.
. Judgment rendered through negligence Art. . pening of closed documents Art.
. Revelation of secrets by an officer Art.
. nust interlocutory order Art.
. ndirect bribery Art. . Refusal to discharge elective office Art.
. ualified bribery Art. -A
. Maltreatment of prisoners Art.
. Corruption of public officials Art.
. Anticipation of duties of a public office Art.
.c rauds against the public treasury and
similar offenses Art.
. Prolonging performance of duties and powers
. ther frauds Art. Art.
. Prohibited transactions Art. . Abandonment of office or position Art.
. Possession of prohibited interest by a public
officer Art. . surpation of legislative powers Art.
. Malversation of public funds or property . surpation of executive functions Art.
Presumption of malversation Art.
. surpation of udicial functions Art.
. rders or requests by executive officers to 0 c c c c cc c c
c
any udicial authority Art. Malfeasance - when a public officer
performs in his public office an act
. nlawful appointments Art. and prohibited by law.
xample: bribery.
. Abuses against chastity Art. .
Misfeasance - when a public officer
performs official acts in the manner not
The designation of the title is misleading. in accordance with what the law
Crimes under this title can be committed by prescribes.
public officers or a non-public officer, when the
latter become a conspirator with a public officer, Nonfeasance - when a public officer
or an accomplice, or accessory to the crime. The willfully refrains or refuses to perform an
public officer has to be the principal. official duty which his office requires him
to perform.
n some cases, it can even be committed by a
private citizen alone such as in Article
infidelity in the custody of a prisoner where the
$
offender is not a public officer or in Article
malversation.
lements
Requsites to be a public officer under
.c ffender is a udge
! .c He renders a udgment in a case submitted
to him for decision
.c Judgment is unust
.c Taking part in the performance of public .c The udge knows that his udgment is
functions in the government unust.
or
Performing in said government or in any of
m
m
its branches public duties as an employee,
agent or subordinate official, or any rank or
class
lements
. His authority to take part in the performance .c ffender is a udge
of public functions or to perform public .c He renders a udgment in a case submitted
duties must be to him for decision
.c The udgment is manifestly unust
a. By direct provision of the law .c t is due to his inexcusable negligence or
b. By popular election or ignorance.
c. By appointment by competent authority.
riginally, Title V used the phrase public
officer or employee´ but the latter word has been
lements
held meaningless and useless because in criminal .c ffender is a udge
law, public officer´ covers all public servants, .c He performs any of the following acts:
whether an official or an employee, from the a. Knowingly rendering an unust
highest to the lowest position regardless of rank interlocutory order or decree or
or class whether appointed by competent b. Rendering a manifestly unust
authority or by popular election or by direct interlocutory order or decree through
provision of law. inexcusable negligence or ignorance.
These have been interpreted by the Supreme He may be held liable for violating the
Court to refer only to udges of the trial court. Anti-Graft and Corrupt Practices Act.
lements of dereliction of duty in the prosecution do not do so, they can be prosecuted for this
of offenses crime.
.c ffender is a public officer or officer of the
law who has a duty to cause the prosecution
of, or to prosecute, offenses
.c There is a dereliction of the duties of his This used to be a crime under the Spanish
office, that is, knowing the commission of Codigo Penal, wherein cc c c
the crime, he does not cause the prosecution c c c c c c c c c c c
of the criminal, or knowing that a crime is c c c c c c c c c c
about to be committed, he tolerates its c c c
c
c
c c
commission c cc
.c ffender acts with malice and deliberate
intent to favor the violator of the law. But the term prevaricacion is not limited to
dereliction of duty in the prosecution of
offenders. t covers any dereliction of duty
whereby the public officer involved violates his
But in the crime of theft or robbery, where the n the other hand, if the crime was direct
policeman shared in the loot and allowed the bribery under Article of the Revised Penal
offender to go free, he becomes a fence. Code, the public officer involved should be
Therefore, he is considered an offender under prosecuted also for the dereliction of duty, which
the Anti-encing Law. is a crime under Article
of the Revised Penal
Code, because the latter is not absorbed by the
Relative to this crime under Article
, consider crime of direct bribery. This is because in direct
the crime of qualified bribery. Among the bribery, where the public officer agreed to
amendments made by Republic Act No. on perform an act constituting a crime in connection
the Revised Penal Code is a new provision which with the performance of his official duties, Article
reads as follows: expressly provides that the liabilty
Article. -A. ualified Bribery f thereunder shall be in addition to the penalty
any public officer is entrusted with law corresponding to the crime agreed upon, if the
enforcement and he refrains from crime shall have been committed.
arresting or prosecuting an offender
who has committed a crime punishable llustration:
by Reclusion Perpetua and/or death in
consideration of any offer, promise, A fiscal, for a sum of money, refrains from
gift, or present, he shall suffer the prosecuting a person charged before him. f the
penalty for the offense which was not penalty for the crime involved is reclusion
prosecuted. perpetua, the fiscal commits qualified bribery. f
the crime is punishable by a penalty lower than
c c c c c c c c c reclusion perpetua, the crime is direct bribery.
c c c c
c c c n the latter situation, three crimes are
c cc c c committed: direct bribery and dereliction of duty
on the part of the fiscal and corruption of a
public officer by the giver.
Actually the crime is a kind of direct bribery
where the bribe, offer, promise, gift or present
has a consideration on the part of the public
#
Ô
officer, that is refraining from arresting or
prosecuting the offender in consideration for
such offer, promise, gift or present. n a way, Acts punished
this new provision modifies Article of the .c Causing damage to his client, either²
Revised Penal Code on direct bribery. a. By any malicious breach of professional
duty
However, the crime of qualified bribery may be b. By inexcusable negligence or ignorance.
committed only by public officers entrusted with Note: hen the attorney acts with
enforcement´ whose official duties authorize then malicious abuse of his employment or
to arrest or prosecute offenders. Apparently, inexcusable negligence or ignorance,
they are peace officers and public prosecutors there must be damage to his client.
since the nonfeasance refers to arresting or
prosecuting.´ But this crime arises only when
That this communication with a prospective Through gross ignorance, causing
client is considered privileged, implies that the damage to the client
same is confidential. Therefore, if the lawyer
would reveal the same or otherwise accept a nexcusable negligence
case from the adverse party, he would already
be violating Article . Mere malicious breach Revelation of secrets learned in his
without damage is not violative of Article at professional capacity
most he will be liable administratively as a
lawyer, e.g., suspension or disbarment under the ndertaking the defense of the opposite
Code of Professional Responsibility. party in a case without the consent of
the first client whose defense has
already been undertaken.
llustration:
Note that only numbers , and must
B, who is involved in the crime of seduction approximate malice.
wanted A, an attorney at law, to handle his case.
A received confidential information from B.
However, B cannot pay the professional fee of A. A lawyer who had already undertaken the case of
C, the offended party, came to A also and the a client cannot later on shift to the opposing
same was accepted. party. This cannot be done.
A did not commit the crime under Article , nder the circumstances, it is necessary that the
although the lawyer¶s act may be considered confidential matters or information was confided
unethical. The client-lawyer relationship to the lawyer in the latter¶s professional capacity.
between A and B was not yet established.
Therefore, there is no trust to violate because B t is not the duty of the lawyer to give advice on
has not yet actually engaged the services of the the commission of a future crime. t is,
lawyer A. A is not bound to B. However, if A therefore, not privileged in character. The
would reveal the confidential matter learned by lawyer is not bound by the mandate of privilege
him from B, then Article is violated because if he reports such commission of a future crime.
it is enough that such confidential matters were t is only confidential information relating to
communicated to him in his professional crimes already committed that are covered by
capacity, or it was made to him with a view to the crime of betrayal of trust if the lawyer should
engaging his professional services. undertake the case of opposing party or
otherwise divulge confidential information of a
Here, matters that are considered confidential client.
must have been said to the lawyer with the view
of engaging his services. therwise, the nder the law on evidence on privileged
communication shall not be considered privileged communication, it is not only the lawyer who is
and no trust is violated. protected by the matter of privilege but also the
office staff like the secretary.
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lements
. ffender is a public officer within the scope
Tardiness in the prosecution of the case for of Article
which reason the case was dismissed for being . ffender accepts an offer or a promise or
non-prosecuted or tardiness on the part of the receives a gift or present by himself or
defense counsel leading to declaration of default through another
and adverse udgment. . Such offer or promise be accepted, or gift or
present received by the public officer
Professional duties Lawyer must appear on a.c ith a view to committing some crime
time. But the client must have suffered damage or
due to the breach of professional duty. b.c n consideration of the execution of an
therwise, the lawyer cannot be held liable. act which does not constitute a crime,
but the act must be unust or
f the prosecutor was tardy and the case was c.c To refrain from doing something which it
dismissed as non-prosecuted, but he filed a is his official duty to do.
motion for consideration which was granted, and . TH
ACT HCH
ND
R AGR
S T
the case was continued, the lawyer is not liable, P
RRM R HCH H
CT
S B
Here, the bribery will only arise when there is Be sure that what is involved is a crime
already the acceptance of the consideration of bribery, not extortion. f it were
because the act to be done is not a crime. So, extortion, the crime is not bribery, but
without the acceptance, the crime is not robbery. The one who yielded to the
committed. demand does not commit corruption of a
public officer because it was involuntary.
c c
c c
c c c c
c c
c because, in
frustrated felony, the offender must have
#
performed all the acts of execution which would
produce the felony as a consequence. n direct
lements
bribery, it is possible only if the corruptor .c ffender is a public officer
concurs with the offender. nce there is .c He accepts gifts
concurrence, the direct bribery is already .c The gifts are offered to him by reason of his
consummated. n short, the offender could not office.
have performed all the acts of execution to
produce the felony without consummating the
same. Ô cc c c cc c
c
cc cc
c cc cc
c
Actually, you cannot have a giver unless there is c c c c
c c c
c
one who is willing to receive and there cannot be c c cc ccc c
a receiver unless there is one willing to give. So
c c
1
this crime requires two to commit. t cannot be This is always in the
said, therefore, that one has performed all the consummated stage. There is no attempted
acts of execution which would produce the felony much less frustrated stage in indirect bribery.
as a consequence but for reasons independent of
the will, the crime was not committed. The Supreme Court has laid down the rule that
for indirect bribery to be committed, the public
t is now settled, therefore, that the crime of officer must have performed an act of
bribery and corruption of public officials cannot appropriating of the gift for himself, his family or
be committed in the frustrated stage because employees. t is the act of appropriating that
this requires two to commit and that means a signifies acceptance. Merely delivering the gift
meeting of the minds. to the public officer does not bring about the
crime. therwise it would be very easy to
llustrations: remove a public officer: ust deliver a gift to him.
f a public official demanded something Note that the penalty is qualified if the public
from a taxpayer who pretended to agree officer is the one who asks or demands such
and use marked money with the present.
knowledge of the police, the crime of the
public official is attempted bribery. The
reason is that because the giver has no
intention to corrupt her and therefore,
The prohibition giving and receiving gifts given The immunity granted the bribe-giver is limited
by reason of official position, regardless of only to the illegal transaction where the
whether or not the same is for past or future informant gave voluntarily the testimony. f
favors. there were other transactions where the
informant also participated, he is not immune
The giving of parties by reason of the promotion from prosecution. The immunity in one
of a public official is considered a crime even transaction does not extend to other
though it may call for a celebration. The giving transactions.
of a party is not limited to the public officer only
but also to any member of his family. The immunity attaches only if the information
given turns out to be true and correct. f the
same is false, the public officer may even file
criminal and civil actions against the informant
for perury and the immunity under the decree
The decree grants immunity from prosecution to will not protect him.
a private person or public officer who shall
voluntarily give information and testify in a case
of bribery or in a case involving a violation of the
"
Anti-graft and Corrupt Practices Act.
Plunder is a crime defined and penalized under
t provides immunity to the bribe-giver provided Republic Act No.
, which became effective in
he does two things: . This crime somehow modified certain
crimes in the Revised Penal Code insofar as the
H
VLNTARLY DSCLS
S TH
overt acts by which a public officer amasses,
TRANSACTN H
HAD TH TH
PBLC acquires, or accumulates ill-gotten wealth are
C
R CNSTTTNG DR
CT R felonies under the Revised Penal Code like
NDR
CT BRB
RY, R ANY TH
R bribery Articles , , -A, fraud against
CRRPT TRANSACTN the public treasury [Article Ã, other frauds
Article , malversation Article , when
the ill-gotten wealth amounts to a total value of
He must willingly testify against the public
P,,.. The amount was reduced from
officer involved in the case to be filed
P,,. by Republic Act No. and
against the latter.
the penalty was changed from life imprisonment
to reclusion perpetua to death.
Before the bribe-giver may be dropped from the
information, he has to be charged first with the
Short of the amount, plunder does not arise.
receiver. Before trial, prosecutor may move for
Any amount less than P,,. is a
dropping bribe-giver from information and be
violation of the Revised Penal Code or the Anti-
granted immunity. But first, five conditions have
Graft and Corrupt Practices Act.
to be met:
nder the law on plunder, the prescriptive period
nformation must refer to consummated
is years commencing from the time of the last
bribery
overt act.
nformation is necessary for the proper
conviction of the public officer involved
Plunder is committed through a combination or
That the information or testimony to be
series of overt acts:
given is not yet in the possession of the
government or known to the
Through misappropriation, conversion,
government
misuse, or malversation of public funds
or raids on the public treasury
That the information can be
corroborated in its material points
.c Divulging valuable information of a Section g of the Anti-Graft and Corrupt
confidential character, acquired by his office Practices Act where a public officer entered
or by him on account of his official position into a contract for the government which is
to unauthorized persons, or releasing such manifestly disadvantageous to the government
information in advance of its authorized even if he did not profit from the transaction, a
date. violation of the Anti-Graft and Corrupt Practices
Act is committed.
n the example given, the public officer As far as the crime of illegal exaction is
did not include in the official receipt the concerned, it will be the subect of
P. and, therefore, it did not separate accusation because there, the
become part of the public funds. t mere demand regardless of whether the
remained to be private. t is the taxpayer will pay or not, will already
taxpayer who has been defrauded of his consummate the crime of illegal
P. because he can never claim a exaction. t is the breach of trust by a
refund from the government for excess public officer entrusted to make the
payment since the receipt issued to him collection which is penalized under such
m
!
m
lements
. ffender is a public officer The President, Vice-President, the Members of
. He takes advantage of his official the Cabinet and their deputies or assistant shall
position not, unless otherwise provided in this
. He commits any of the frauds or deceits Constitution, hold any other office or
enumerated in Article to
. employment during their tenure. They shall not,
during said tenure, directly or indirectly, practice
any other profession, participate in any business,
m Ô or be financially interested in any contract with,
or in any franchise, or special privilege granted
lements common to all acts of malversation accountable for the funds or property
under Article misappropriated by him. f he is not the one
. ffender is a public officer accountable but somebody else, the crime
. He had the custody or control of funds or committed is theft. t will be qualified theft if
property by reason of the duties of his office there is abuse of confidence.
. Those funds or property were public funds or
property for which he was accountable Accountable officer does not refer only to
. He appropriated, took, misappropriated or cashier, disbursing officers or property custodian.
consented or, through abandonment or Any public officer having custody of public funds
negligence, permitted another person to take or property for which he is accountable can
them. commit the crime of malversation if he would
misappropriate such fund or property or allow
This crime is predicated on the relationship of others to do so.
the offender to the property or funds involved.
The offender must be accountable for the
property misappropriated. f the fund or
property, though public in character is the
responsibility of another officer, malversation is
not committed unless there is conspiracy. .c An unlicensed firearm was confiscated by a
policeman. nstead of turning over the
t is not necessary that the offender profited firearm to the property custodian for the
because somebody else may have prosecution of the offender, the policeman
misappropriated the funds in question for as long sold the firearm. hat crime was
as the accountable officer was remiss in his duty committed?
of safekeeping public funds or property. He is
liable for malversation if such funds were lost or The crime committed is malversation
otherwise misappropriated by another. because that firearm is subect to his
accountability. Having taken custody of the
There is no malversation through simple firearm, he is supposed to account for it as
negligence or reckless imprudence, whether evidence for the prosecution of the offender.
deliberately or negligently. This is one crime in
the Revised Penal Code where the penalty is the .c Can the buyer be liable under the Anti-
same whether committed with dolo or culpa. fencing law?
llustration:
Municipal treasurer connives with outsiders to
make it appear that the office of the treasurer
There was a long line of payors on the last day of was robbed. He worked overtime and the co-
payment for residence certificates.
mployee A conspirators barged in, hog-tied the treasurer
of the municipality placed all his collections and made it appear that there was a robbery.
inside his table and requested his employee B to Crime committed is malversation because the
watch over his table while he goes to the municipal treasurer was an accountable officer.
restroom. B took advantage of A¶s absence and
took P. out of the collections. A returned Note that damage on the part of the government
and found his money short. hat crimes have is not considered an essential element. t is
been committed? enough that the proprietary rights of the
government over the funds have been disturbed
A is guilty of malversation through negligence through breach of trust.
because he did not exercise due diligence in the
safekeeping of the funds when he did not lock t is not necessary that the accountable public
the drawer of his table. nsofar as B is officer should actually misappropriate the fund or
concerned, the crime is qualified theft. property involved. t is enough that he has
violated the trust reposed on him in connection
with the property.
nder urisprudence, when the public officer
leaves his post without locking his drawer, there
is negligence. Thus, he is liable for the loss. llustration:
gets all of these and keeps it in the public
vault/safe. After the payment of the taxes and c *
c c 3
c
licenses is through, he gets all the official ""8c,a!c5
c
receipts and takes the sum total of the payment.
He then opens the public vault and counts the
%
cash. hatever will be the excess or the
overage, he gets. n this case, malversation is
committed.
Note that the moment any money is commingled
with the public fund even if not due the
government, it becomes impressed with the
1
characteristic of being part of public funds. nce
they are commingled, you do not know anymore
which belong to the government and which
%
belong to the private persons. So that a public
vault or safe should not be used to hold any fund
other that what is due to the government.
hen does presumption of misappropriation %
arise?
ë cc
Technical malversation is not included in the
crime of malversation. n malversation, the
"3)$ % offender misappropriates public funds or
property for his own personal use, or allows any
other person to take such funds or property for
the latter¶s own personal use. n technical
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%
&
information.
,
&
lements
.c ffender is public officer, whether in the
0 service or separated therefrom by
%
A policeman escorted a prisoner to court. After Note, however, that according to a recent
the court hearing, this policeman was shot at Supreme Court ruling, failure to accompany lady
with a view to liberate the prisoner from his prisoner in the comfort room is a case of
custody. The policeman fought the attacker but negligence and therefore the custodian is liable
he was fatally wounded. hen he could no for infidelity in the custody of prisoner.
longer control the prisoner, he went to a nearby
house, talked to the head of the family of that Prison guard should not go to any other place
house and asked him if he could give the custody not officially called for. This is a case of infidelity
of the prisoner to him. He said yes. After the in the custody of prisoner through negligence
prisoner was handcuffed in his hands, the under Article .
policeman expired. Thereafter, the head of the
family of that private house asked the prisoner if
he could afford to give something so that he
would allow him to go. The prisoner said, Yes,
if you would allow me to leave, you can come
with me and will give the money to you.´ This
lements
private persons went with the prisoner and when . ffender is a public officer
the money was given, he allowed him to go. . He abstracts, destroys or conceals a
hat crime/s had been committed? document or papers
. Said document or papers should have been
nder Article , the crime can be committed entrusted to such public officer by reason of
by a private person to whom the custody of a his office
prisoner has been confided. . Damage, whether serious or not, to a third
party or to the public interest has been
here such private person, while performing a caused.
private function by virtue of a provision of law,
shall accept any consideration or gift for the non-
performance of a duty confided to him, Bribery is
llustration:
lements
. ffender is a public officer or employee
A government physician, who had been . He has under his charge a prisoner or
subpoenaed to appear in court to testify in detention prisoner
connection with physical inury cases or cases . He maltreats such prisoner in either of the
involving human lives, does not want to appear following manners:
in court to testify. He may be charged for a. By overdoing himself in the correction or
refusal of assistance. As long as they have been handling of a prisoner or detention
properly notified by subpoena and they prisoner under his charge either
disobeyed the subpoena, they can be charged By the imposition of punishment not
always if it can be shown that they are authorized by the regulations
deliberately refusing to appear in court. By inflicting such punishments
those authorized in a cruel and
t is not always a case or in connection with the humiliating manner or
appearance in court that this crime may be b. By maltreating such prisoners to extort a
committed. Any refusal by the public officer to confession or to obtain some information
render assistance when demanded by competent from the prisoner.
public authority, as long as the assistance
requested from them is within their duty to
render and that assistance is needed for public This is committed only by such public officer
service, the public officers who are refusing charged with direct custody of the prisoner. Not
deliberately may be charged with refusal of all public officer can commit this offense.
assistance.
f the public officer is not the custodian of the
prisoner, and he manhandles the latter, the
Note that the request must come from one public crime is physical inuries.
officer to another.
The maltreatment does not really require
llustration: physical inuries. Any kind of punishment not
authorized or though authorized if executed in
A fireman was asked by a private person for excess of the prescribed degree.
services but was refused by the former for lack
of consideration´.
llustration:
t was held that the crime is not refusal of
assistance because the request did not come Make him drink dirty water, sit on ice, eat on a
from a public authority. But if the fireman was can, make him strip, hang a sign on his neck
ordered by the authority to put out the fire and saying snatcher´.
he refused, the crime is refusal of assistance.
f a prisoner who had already been booked was
!
make to strip his clothes before he was put in
the detention cell so that when he was placed
inside the detention cell, he was already naked
lements
and he used both of his hands to cover his . ffender is an executive or udicial officer
private part, the crime of maltreatment of . He a makes general rules or regulations
prisoner had already been committed. beyond the scope of his authority or b
attempts to repeal a law or c suspends the
After having been booked, the prisoner was execution thereof.
made to show any sign on his arm, hand or his
neck Do not follow my footsteps, am a thief.´
That is maltreatment of prisoner if the offended
party had already been booked and incarcerated
no matter how short, as a prisoner.
lements
. ffender is a udge
. He a assumes a power pertaining to the
m
executive authorities, or b obstructs the
executive authorities in the lawful exercise of Acts punished
their powers. . Soliciting or making immoral or indecent
advances to a woman interested in matters
pending before the offending officer for
decision, or with respect to which he is
required to submit a report to or consult with
a superior officer
lements
. ffender is an officer of the executive branch . Soliciting or making immoral or indecent
of the government advances to a woman under the offender¶s
. He a assumes udicial powers, or b custody
obstructs the execution of any order or
decision rendered by any udge within his . Soliciting or making immoral or indecent
urisdiction. advances to the wife, daughter, sister or
relative within the same degree by affinity of
any person in the custody of the offending
warden or officer.
lements:
lements
. ffender is an executive officer The name of the crime is misleading. t implies
. He addresses any order or suggestion to any that the chastity of the offended party is abused
udicial authority but this is not really the essence of the crime
. The order or suggestion relates to any case because the essence of the crime is mere making
or business coming within the exclusive of immoral or indecent solicitation or advances.
urisdiction of the courts of ustice.
llustration:
f the warden or ailer of the woman f he forced himself against the will of
should make immoral or indecent the woman, another crime is committed,
advances to such prisoner, this crime is that is, rape aside from abuse against
committed. chastity.
You cannot consider the abuse against
This crime cannot be committed if the chastity as absorbed in the rape because
warden is a woman and the prisoner is a the basis of penalizing the acts is
man. Men have no chastity. different from each other.
f the warden is also a woman but is a The crime is committed upon a female
lesbian, it is submitted that this crime relative of a prisoner under the custody
could be committed, as the law does not of the offender, where the woman is the
f the offender were not the custodian, . Discharge of firearms Art.
then crime would fall under Republic Act
No. The Anti-Graft and Corrupt
. nfanticide Art.
Practices Act.
. ntentional abortion Art.
"
. nintentional abortion Art.
. Abortion practiced by the woman herself or
Committed by any person having authority, by her parents Art.
influence or moral ascendancy over another in a . Abortion practiced by a physician or midwife
work, training or education environment when he and dispensing of abortives Art.
or she demands, requests, or otherwise requires
any sexual favor from the other regardless of . Duel Art.
whether the demand, request or requirement for
submission is accepted by the obect of the said . Challenging to a duel Art.
act for a passing grade, or granting of
scholarship or honors, or payment of a stipend, . Mutilation Art.
allowances, benefits, considerations favorable
compensation terms, conditions, promotions or . Serious physical inuries Art.
when the refusal to do so results in a detrimental
consequence for the victim. . Administering inurious substances or
beverages Art.
Also holds liable any person who directs or
. Less serious physical inuries Art.
induces another to commit any act of sexual
harassment, or who cooperates in the . Slight physical inuries and maltreatment
commission, the head of the office, educational Art. and
or training institution solidarily.
. Rape Art. -A.
Homicide
f the offender and the offended party, although n a ruling by the Supreme Court, it was held
related by blood and in the direct line, are that if the information did not allege that the
separated by an intervening illegitimate accused was legally married to the victim, he
relationship, parricide can no longer be could not be convicted of parricide even if the
committed. The illegitimate relationship between marriage was established during the trial. n
the child and the parent renders all relatives such cases, relationship shall be appreciated as
after the child in the direct line to be illegitimate generic aggravating circumstance.
too.
The Supreme Court has also ruled that Muslim
The only illegitimate relationship that can bring husbands with several wives can be convicted of
about parricide is that between parents and parricide only in case the first wife is killed.
illegitimate children as the offender and the There is no parricide if the other wives are killed
offended parties. although their marriage is recognized as valid.
This is so because a Catholic man can commit
llustration: the crime only once. f a Muslim husband could
commit this crime more than once, in effect, he
A is the parent of B, the illegitimate daughter. B is being punished for the marriage which the law
married C and they begot a legitimate child D. f itself authorized him to contract.
D, daughter of B and C, would kill A, the
grandmother, the crime cannot be parricide That the mother killed her child in order to
anymore because of the intervening illegitimacy. conceal her dishonor is not mitigating. This is
him, in the act of committing sexual
(
intercourse with another person
% '%
. He or she kills any or both of them, or
(
inflicts upon any or both of them any serious
physical inury in the act or immediately
thereafter The article presumes that a legally married
. He has not promoted or facilitated the person who surprises his or her better half in
prostitution of his wife or daughter, or that actual sexual intercourse would be overcome by
he or she has not consented to the infidelity the obfuscation he felt when he saw them in the
of the other spouse. act that he lost his head. The law, thus, affords
protection to a spouse who is considered to have
Two stages contemplated before the article will acted in a ustified outburst of passion or a state
apply: of mental disequilibrium. The offended spouse
has no time to regain his self-control.
hen the offender surprised the other
spouse with a paramour or mistress. f there was already a break of time between the
The attack must take place while the sexual act and the killing or inflicting of the
sexual intercourse is going on. f the inury, the law presupposes that the offender
surprise was before or after the regained his reason and therefore, the article will
intercourse, no matter how immediate it not apply anymore.
may be, Article does not apply. The
offender in this situation only gets the As long as the act is continuous, the article still
benefit of a mitigating circumstance, applies.
that is, sufficient provocation
immediately preceding the act. 6
hen the offender kills or inflicts serious
physical inury upon the other spouse
and/or paramour while in the act of
intercourse, or immediately thereafter, (
that is, after surprising.
You have to divide the stages because as far as
the first stage is concerned, it does not admit of
any situation less than sexual intercourse.
1
So if the surprising took place before any actual
sexual intercourse could be done because the
parties are only in their preliminaries, the article
% (
cannot be invoked anymore.
3 c c
!
c "c ,a!c 5
f the surprising took place after the actual
#)3
sexual intercourse was finished, even if the act
being performed indicates no other conclusion
but that sexual intercourse was had, the article
does not apply.
%
/
A upon coming home, surprised his wife, B, f the crime committed is less serious physical
together with C. The paramour was fast enough inuries or slight physical inuries, there is no
to ump out of the window. A got the bolo and criminal liability.
chased C but he disappeared among the The article does not apply where the wife was
neighborhood. So A started looking around for not surprised in flagrant adultery but was being
about an hour but he could not find the abused by a man as in this case there will be
paramour. A gave up and was on his way home. defense of relation.
nfortunately, the paramour, thinking that A was
no longer around, came out of hiding and at that f the offender surprised a couple in sexual
moment, A saw him and hacked him to death. intercourse, and believing the woman to be his
There was a break of time and Article does wife, killed them, this article may be applied if
not apply anymore because when he gave up the the mistake of facts is proved.
search, it is a circumstance showing that his
anger had already died down. The benefits of this article do not apply to the
person who consented to the infidelity of his
Article , far from defining a felony merely spouse or who facilitated the prostitution of his
grants a privilege or benefit, more of an wife.
exempting circumstance as the penalty is
intended more for the protection of the accused The article is also made available to parents who
than a punishment. Death under exceptional shall surprise their daughter below
years of
character can not be qualified by either age in actual sexual intercourse while living with
aggravating or mitigating circumstances. them.´ The act should have been committed by
the daughter with a seducer. The two stages
n the case of
! also apply. The parents cannot invoke this
! two persons suffered physical inuries as provision if, in a way, they have encouraged the
they were caught in the crossfire when the prostitution of the daughter.
accused shot the victim. A complex crime of
double frustrated murder was not committed as &
-
.
the accused did not have the intent to kill the
two victims. Here, the accused did not commit
murder when he fired at the paramour of his %
wife. nflicting death under exceptional
circumstances is not murder. The accused was
held liable for negligence under the first part, f it was done in a motel, the article does not
second paragraph of Article , that is, less apply.
serious physical inuries through simple
negligence. No aberratio ictus because he was llustration:
acting lawfully.
A abandoned his wife B for two years. To
A person who acts under Article is not support their children, A had to accept a
committing a crime. Since this is merely an relationship with another man. A learned of this,
exempting circumstance, the accused must first and surprised them in the act of sexual
be charged with: intercourse and killed B. A is not entitled to
Parricide if the spouse is killed Article
. Having abandoned his family for two
lements llustration:
.c A person was killed
.c Accused killed him A person who is determined to kill
.c The killing was attended by any of the resorted to the cover of darkness at
following qualifying circumstances nighttime to insure the killing.
a.c ith treachery, taking advantage of Nocturnity becomes a means that
superior strength, with the aid or armed constitutes treachery and the killing
men, or employing means to waken the would be murder. But if the aggravating
defense, or of means or persons to circumstance of nocturnity is considered
insure or afford impunity by itself, it is not one of those which
b. n consideration of a price, reward or qualify a homicide to murder. ne
promise might think the killing is homicide unless
c. By means of inundation, fire, poison, nocturnity is considered as constituting
explosion, shipwreck, stranding of a treachery, in which case the crime is
vessel, derailment or assault upon a murder.
railroad, fall of an airship, by means of
motor vehicles, or with the use of any &
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other means involving great waste and
%
ruin
d. n occasion of any of the calamities
enumerated in the preceding paragraph,
1
%
or of an earthquake, eruption of a
%
volcano, destructive cyclone, epidemic,
or any other public calamity
%
e. ith evident premeditation
f. ith cruelty, by deliberately and
inhumanly augmenting the suffering of f the offended was denied the chance to
the victim, or outraging or scoffing at his defend himself, treachery qualifies the
person or corpse. killing to murder. f despite the means
. The killing is not parricide or infanticide. resorted to by the offender, the offended
was able to put up a defense, although
unsuccessful, treachery is not available.
Homicide is qualified to murder if any of the nstead, some other circumstance may
qualifying circumstances under Article
is be present. Consider now whether such
present. t is the unlawful killing of a person not other circumstance qualifies the killing
constituting murder, parricide or infanticide. or not.
The essence of kidnapping or serious illegal here the intent to kill is not manifest,
detention is the actual confinement or restraint the crime committed has been generally
of the victim or deprivation of his liberty. f considered as physical inuries and not
there is no showing that the accused intended to attempted or frustrated murder or
deprive their victims of their liberty for some homicide.
time and there being no appreciable interval
between their being taken and their being shot, hen several assailants not acting in
murder and not kidnapping with murder is conspiracy inflicted wounds on a victim
committed. but it cannot be determined who
inflicted which would which caused the
death of the victim, all are liable for the
victim¶s death.
f the person does the killing himself, the penalty f the firearm is directed at a
is similar to that of homicide, which is reclusion person and the trigger was
temporal. There can be no qualifying pressed but did not fire, the
circumstance because the determination to die crime is frustrated discharge of
must come from the victim. This does not firearm.
contemplate euthanasia or mercy killing where
the crime is homicide if without consent with f the discharge is not directed at a person, the
consent, covered by Article . crime may constitute alarm and scandal.
The following are holdings of the Supreme Court The following are holdings of the Supreme Court
with respect to this crime: with respect to this crime:
The crime is frustrated if the offender
gives the assistance by doing the killing f serious physical inuries resulted from
himself as firing upon the head of the discharge, the crime committed is the
victim but who did not die due to complex crime of serious physical inury
medical assistance. with illegal discharge of firearm, or if
less serious physical inury, the complex
The person attempting to commit suicide crime of less serious physical inury with
is not liable if he survives. The accused illegal discharge of firearm will apply.
is liable if he kills the victim, his
sweetheart, because of a suicide pact. iring a gun at a person even if merely
to frighten him constitutes illegal
n other penal codes, if the person who wanted discharge of firearm.
to die did not die, there is liability on his part
because there is public disturbance committed
by him. ur Revised Penal Code is silent but
there is no bar against accusing the person of
disturbance of public order if indeed serious
llustration:
lements
. There is a pregnant woman
An unmarried woman, A, gave birth to a child, B. . Violence is exerted, or drugs or beverages
To conceal her dishonor, A conspired with C to administered, or that the accused otherwise
dispose of the child. C agreed and killed the acts upon such pregnant woman
child B by burying the child somewhere. .c As a result of the use of violence or drugs or
beverages upon her, or any other act of the
f the child was killed when the age of the child accused, the fetus dies, either in the womb
was three days old and above already, the crime or after having been expelled therefrom
of A is parricide. The fact that the killing was . The abortion is intended.
done to conceal her dishonor will not mitigate
the criminal liability anymore because
concealment of dishonor in killing the child is not Abortion is the violent expulsion of a fetus from
mitigating in parricide. the maternal womb. f the fetus has been
delivered but it could not subsist by itself, it is
f the crime committed by A is parricide because still a fetus and not a person. Thus, if it is killed,
the age of the child is three days old or above, the crime committed is abortion not infanticide.
the crime of the co-conspirator C is murder. t is
not parricide because he is not related to the c
victim. cccc c
f the child is less than three days old when t is infanticide if the victim is already a person
killed, both the mother and the stranger commits less that three days old or hours and is viable
infanticide because infanticide is not predicated or capable of living separately from the mother¶s
on the relation of the offender to the offended womb.
party but on the age of the child. n such a
case, concealment of dishonor as a motive for t is abortion if the victim is not viable but
the mother to have the child killed is mitigating. remains to be a fetus.
Abortion is not a crime against the woman but
Concealment of dishonor is not an element of against the fetus. f mother as a consequence of
infanticide. t merely lowers the penalty. f the abortion suffers death or physical inuries, you
child is abandoned without any intent to kill and have a complex crime of murder or physical
death results as a consequence, the crime inuries and abortion.
committed is not infanticide but abandonment
under Article . n intentional abortion, the offender must know
of the pregnancy because the particular criminal
f the purpose of the mother is to conceal her intention is to cause an abortion. Therefore, the
dishonor, infanticide through imprudence is not offender must have known of the pregnancy for
committed because the purpose of concealing otherwise, he would not try an abortion.
the dishonor is incompatible with the absence of
malice in culpable felonies. f the woman turns out not to be pregnant and
someone performs an abortion upon her, he is
f the child is born dead, or if the child is already liable for an impossible crime if the woman
dead, infanticide is not committed. suffers no physical inury. f she does, the crime
will be homicide, serious physical inuries, etc.
f it could be shown that the child, if not killed, f the pregnant woman aborted because of
would not have survived beyond hours, the intimidation, the crime committed is not
crime is abortion because what was killed was a unintentional abortion because there is no
fetus only. violence the crime committed is light threats.
n abortion, the concealment of dishonor as a f the pregnant woman was killed by violence by
motive of the mother to commit the abortion her husband, the crime committed is the
upon herself is mitigating. t will also mitigate complex crime of parricide with unlawful
the liability of the maternal grandparent of the abortion.
victim the mother of the pregnant woman if
the abortion was done with the consent of the nintentional abortion may be committed
pregnant woman. through negligence as it is enough that the use
of violence be voluntary.
f the abortion was done by the mother of the
pregnant woman without the consent of the llustration:
woman herself, even if it was done to conceal
dishonor, that circumstance will not mitigate her A quarrel ensued between A, husband, and B,
criminal liability. wife. A became so angry that he struck B, who
was then pregnant, with a soft drink bottle on
But if those who performed the abortion are the the hip. Abortion resulted and B died.
parents of the pregnant woman, or either of
them, and the pregnant woman consented for n
m
! the Supreme
the purpose of concealing her dishonor, the Court said that knowledge of pregnancy of the
penalty is the same as that imposed upon the offended party is not necessary. n
woman who practiced the abortion upon herself.
however,
the Supreme Court held that knowledge of
rustrated abortion is committed if the fetus that pregnancy is required in unintentional abortion.
is expelled is viable and, therefore, not dead as
abortion did not result despite the employment
of adequate and sufficient means to make the Criticism:
pregnant woman abort. f the means are not
sufficient or adequate, the crime would be an nder Article , paragraph of the Revised Penal
impossible crime of abortion. n consummated Code, any person committing a felony is
abortion, the fetus must be dead. criminally liable for all the direct, natural, and
logical consequences of his felonious acts
although it may be different from that which is
lements
. There is a pregnant woman who has suffered
an abortion
.c A pregnant woman decided to commit . The abortion is intended
suicide. She umped out of a window of a . ffender, who must be a physician or
building but she landed on a passerby. She midwife, caused or assisted in causing the
did not die but an abortion followed. s she abortion
liable for unintentional abortion? . Said physician or midwife took advantage of
his or her scientific knowledge or skill.
The crimes committed are intentional hat is the liability of a physician who aborts the
abortion and violation of the Dangerous fetus to save the life of the mother?
Drugs Act of .
None. This is a case of therapeutic abortion
which is done out of a state of necessity.
Therefore, the requisites under Article ,
paragraph , of the Revised Penal Code must be
present. There must be no other practical or
There is no such crime nowadays because people . ntentionally making other mutilation, that
hit each other even without entering into any is, by lopping or clipping off any part of the
pre-conceived agreement. This is an obsolete body of the offended party, other than the
provision. essential organ for reproduction, to deprive
him of that part of his body.
A duel may be defined as a formal or regular
combat previously consented to by two parties in
the presence of two or more seconds of lawful Mutilation is the lopping or
age on each side, who make the selection of clipping off of some part of the
arms and fix all the other conditions of the fight body.
to settle some antecedent quarrel.
The intent to deliberately cut off the particular
f these are not the conditions of the fight, it is part of the body that was removed from the
not a duel in the sense contemplated in the offended party must be established. f there is
Revised Penal Code. t will be a quarrel and no intent to deprive victim of particular part of
anyone who killed the other will be liable for body, the crime is only serious physical inury.
homicide or murder, as the case may be.
The common mistake is to associate this with the
The concept of duel under the Revised Penal reproductive organs only. Mutilation includes
Code is a classical one. any part of the human body that is not
susceptible to grow again.
m
f what was cut off was a reproductive organ, the
penalty is much higher than that for homicide.
Acts punished
. Challenging another to a duel This cannot be committed through criminal
. nciting another to give or accept a challenge negligence.
to a duel
. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight
! m
a duel.
How committed
llustration: . By wounding
. By beating
f one challenges another to a duel by shouting . By assaulting or
Come down, lympia, let us measure your . By administering inurious substance.
prowess. e will see whose intestines will come
out. You are a coward if you do not come down´, n one case, the accused, while conversing with
the crime of challenging to a duel is not the offended party, drew the latter¶s bolo from
committed. hat is committed is the crime of its scabbard. The offended party caught hold of
the edge of the blade of his bolo and wounded
lements under paragraph
"
. ffender commits an act of sexual assault
m
m
. The act of sexual assault is committed by
in relation to murder,
any of the following means:
mutilation or inuries to a child
a. By inserting his penis into another
person's mouth or anal orifice or
The last paragraph of Article V of Republic Act
b. By inserting any instrument or obect
No. , provides:
into the genital or anal orifice of another
or purposes of this Act, the penalty for the
person
commission of acts punishable under Articles
. The act of sexual assault is accomplished
, , and of Act No
,
under any of the following circumstances:
as amended of the Revised Penal Code for the
a. By using force or intimidation or
crimes of murder, homicide, other intentional
b. hen the woman is deprived of reason
mutilation, and serious physical inuries,
or otherwise unconscious or
respectively, shall be reclusion perpetua when
c. By means of fraudulent machination or
the victim is under twelve years of age.´
grave abuse of authority or
The provisions of Republic Act No. modified
d. hen the woman is under years of
the provisions of the Revised Penal Code in so
age or demented.
far as the victim of the felonies referred to is
under years of age. The clear intention is to
punish the said crimes with a higher penalty
!! "
when the victim is a child of tender age.
m m
ncidentally, the reference to Article of the
m
Code which defines and penalizes the crime of
m m
homicide were the victim is under years old is
repealed Article on
an error. Killing a child under is murder, not
rape and added a chapter on Rape under Title
.
homicide, because the victim is under no position
to defend himself as held in the case of
, c cc
m !
Traditional concept under Article
or murder, the penalty provided by the Code,
carnal knowledge with a woman against her
as amended by Republic Act No. , is
will. The offended party is always a woman
reclusion perpetua to death higher than what
and the offender is always a man.
Republic Act no. provides. Accordingly,
insofar as the crime is murder, Article
of the
Sexual assault - committed with an
Code, as amended, shall govern even if the
instrument or an obect or use of the penis
victim was under years of age. t is only in
with penetration of mouth or anal orifice.
respect of the crimes of intentional mutilation in
The offended party or the offender can either
paragraph of Article and of serious
be man or woman, that is, if a woman or a
physical inuries in paragraph of Article of
man uses an instrument on anal orifice of
the Code that the quoted provision of Republic
male, she or he can be liable for rape.
Act No. may be applied for the higher
penalty when the victim is under years old.
acc
c cc
c cc
c cc
cc c c
c
m
c
here intimidation or violence is employed
Reclusion perpetua to death/ reclusion Since rape is not a private crime anymore, it can
temporal -- be prosecuted even if the woman does not file a
a here the victim of the rape has complaint.
become insane or
b here the rape is attempted but a f carnal knowledge was made possible because
killing was committed by the offender on of fraudulent machinations and grave abuse of
the occasion or by reason of the rape. authority, the crime is rape. This absorbs the
crime of qualified and simple seduction when no
Death / reclusion perpetua -- force or violence was used, but the offender
here homicide is committed by reason or abused his authority to rape the victim.
on occasion of a consummated rape.
nder Article -C, the offended woman may
Death/reclusion temporal -- pardon the offender through a subsequent valid
a here the victim is under
years of marriage, the effect of which would be the
age and the offender is her ascendant, extinction of the offender¶s liability. Similarly,
stepfather, guardian, or relative by the legal husband may be pardoned by
affinity or consanguinity within the rd forgiveness of the wife provided that the
civil degree, or the common law marriage is not void ab initio. bviously, under
husband of the victim¶s mother or the new law, the husband may be liable for rape
b here the victim was under the custody if his wife does not want to have sex with him.
of the police or military authorities, or t is enough that there is indication of any
other law enforcement agency amount of resistance as to make it rape.
c here the rape is committed in full view
of the victim¶s husband, the parents, any ncestuous rape was coined in Supreme Court
of the children or relatives by decisions. t refers to rape committed by an
consanguinity within the rd civil ascendant of the offended woman. n such
degree cases, the force and intimidation need not be of
d here the victim is a religious, that is, a such nature as would be required in rape cases
member of a legitimate religious had the accused been a stranger. Conversely,
vocation and the offender knows the the Supreme Court expected that if the offender
victim as such before or at the time of is not known to woman, it is necessary that
the commission of the offense there be evidence of affirmative resistance put
e here the victim is a child under yrs up by the offended woman. Mere no, no´ is not
of age enough if the offender is a stranger, although if
f here the offender is a member of the the rape is incestuous, this is enough.
AP, its paramilitary arm, the PNP, or
any law enforcement agency and the The new rape law also requires that there be a
offender took advantage of his position physical overt act manifesting resistance, if the
g here the offender is afflicted with ADS offended party was in a situation where he or
or other sexually transmissible diseases, she is incapable of giving valid consent, this is
and he is aware thereof when he
here the victim is over years old, it must be t has also been ruled that rape can be
shown that the carnal knowledge with her was committed in a standing position because
obtained against her will. t is necessary that complete penetration is not necessary. The
there be evidence of some resistance put up by slightest penetration contact with the labia
the offended woman. t is not, however, will consummate the rape.
necessary that the offended party should exert
all her efforts to prevent the carnal intercourse. n the other hand, as long as there is an intent
t is enough that from her resistance, it would to effect sexual cohesion, although unsuccessful,
appear that the carnal intercourse is against her the crime becomes attempted rape. However, if
will. that intention is not proven, the offender can
only be convicted of acts of lasciviousness.
Mere initial resistance, which does not indicate
refusal on the part of the offended party to the The main distinction between the crime of
sexual intercourse, will not be enough to bring attempted rape and acts of lasciviousness is the
about the crime of rape. n
intent to lie with the offended woman.
"!, a rape victim does not have the burden
of proving resistance. n a case where the accused umped upon a
woman and threw her to the ground, although
n
"! it was held that it the accused raised her skirts, the accused did
would be unrealistic to expect a uniform reaction not make any effort to remove her underwear.
from rape victims. nstead, he removed his own underwear and
placed himself on top of the woman and started
Note that it has been held that in the crime of performing sexual movements. Thereafter,
rape, conviction does not require medico-legal when he was finished, he stood up and left. The
finding of any penetration on the part of the crime committed is only acts of lasciviousness
woman. A medico-legal certificate is not and not attempted rape. The fact that he did not
necessary or indispensable to convict the remove the underwear of the victim indicates
accused of the crime of rape. that he does not have a real intention to effect a
penetration. t was only to satisfy a lewd design.
t has also been held that although the offended
woman who is the victim of the rape failed to s there a complex crime under Article
of
adduce evidence regarding the damages to her kidnapping with rape? Read kidnapping.
by reason of the rape, the court may take
udicial notice that there is such damage in
crimes against chastity. The standard amount
given now is P ,., with or without Ô Ô %
Ô
evidence of any moral damage. But there are #Ô
Ô
some cases where the court awarded only P
,..
. Kidnapping and serious illegal detention Art.
An accused may be convicted of rape on the sole
testimony of the offended woman. t does not
require that testimony be corroborated before a . Slight illegal detention Art.
conviction may stand. This is particularly true if
the commission of the rape is such that the . nlawful arrest Art.
narration of the offended woman would lead to
lements
. ffender is a private individual
orcible abduction -- f a woman is transported
. He kidnaps or detains another, or in any
from one place to another by virtue of
other manner deprives the latter of his
liberty
Serious illegal detention f a woman is hen the illegal detention lasted for
transported ust to restrain her of her liberty. three days, regardless of who the
There is no lewd design or lewd intent. offended party is
Grave coercion f a woman is carried away ust hen the offended party is a female,
to break her will, to compel her to agree to the even if the detention lasted only for
demand or request by the offender. minutes
n a decided case, a suitor, who cannot get a f the offended party is a minor or a
favorable reply from a woman, invited the public officer, no matter how long or
woman to ride with him, purportedly to take how short the detention is
home the woman from class. But while the
woman is in his car, he drove the woman to a far hen threats to kill are made or serious
place and told the woman to marry him. n the physical inuries have been inflicted and
way, the offender had repeatedly touched the
private parts of the woman. t was held that the f it shall have been committed
act of the offender of touching the private parts simulating public authority.
of the woman could not be considered as lewd
designs because he was willing to marry the ccc cc
offended party. The Supreme Court ruled that c c
when it is a suitor who could possibly marry the
woman, merely kissing the woman or touching llegal detention is committed by a private
her private parts to compel´ her to agree to the person who kidnaps, detains, or otherwise
marriage, such cannot be characterized as lewd deprives another of his liberty.
design. t is considered merely as the passion of
a lover´. But if the man is already married, you Arbitrary detention is committed by a public
cannot consider that as legitimate but immoral officer who detains a person without legal
and definitely amounts to lewd design. grounds.
f a woman is carried against her will but without The penalty for kidnapping is higher than for
lewd design on the part of the offender, the forcible abduction. This is wrong because if the
crime is grave coercion. offender knew about this, he would perform
lascivious acts upon the woman and be charged
only for forcible abduction instead of kidnapping
llustration: or illegal detention. He thereby benefits from
this absurdity, which arose when Congress
Tom Cruz invited Nicole Chizmacks for a snack. amended Article , increasing the penalty
They drove along Roxas Boulevard, along the thereof, without amending Article on forcible
Coastal Road and to Cavite. The woman was abduction.
already crying and wanted to be brought home.
Tom imposed the condition that Nicole should Article has been modified by
first marry him. Nicole found this as, simply, a in the following respects:
mission impossible. The crime committed in this
case is grave coercion. But if after they drove to llegal detention becomes serious when
Cavite, the suitor placed the woman in a house it shall have lasted for more than three
and would not let her out until she agrees to days, instead of five days as originally
marry him, the crime would be serious illegal provided
detention.
n paragraph , if the person kidnapped
f the victim is a woman or a public officer, the or detained was a minor and the
detention is always serious no matter how offender was anyone of the parents, the
short the period of detention is. latter has been expressly excluded from
the provision. The liability of the parent
c is provided for in the last paragraph of
c Article
c A paragraph was added to Article ,
which states:
lements
lements
. ffender retains a minor in his services a. The place is not inhabited
. t is against the will of the minor b. Accused found there a person wounded
. t is under the pretext of reimbursing himself or in danger of dying
of a debt incurred by an ascendant, guardian c. Accused can render assistance without
or person entrusted with the custody of such detriment to himself
minor. d. Accused fails to render assistance.
Anyone who shall enter cafes, taverns, To constitute grave threats, the threats must
inns and other public houses while they refer to a future wrong and is committed by acts
are open . or through words of such efficiency to inspire
terror or fear upon another. t is, therefore,
Pursuant to Section , Rule of the Rules of characterized by moral pressure that produces
Court, a person who believes that a crime has disquietude or alarm.
been committed against him has every right to
go after the culprit and arrest him without any
H
AT ANG
R, TH SM
HARM
n robbery, the robber makes the danger CNSTTTNG A CRM
, THT
involved in his threats directly imminent P
RSSTNG N TH
D
A NVLV
D N HS
to the victim and the obtainment of his THR
AT
gain immediate, thereby also taking
rights to his person by the opposition or . rally threatening to do another any harm
resistance which the victim might offer not constituting a felony.
in threat, the danger to the victim is not
instantly imminent nor the gain of the
culprit immediate.
Acts punished
!
mÔm . Preventing another, by means of violence,
threats or intimidation, from doing
llustration:
m
lements: This is a crime against the security of one¶s
a. ffender is any person, agent or officer papers and effects. The purpose must be to
of any association or corporation discover its effects. The act violates the privacy
b. He or such firm or corporation has of communication.
employed laborers or employees
c. He forces or compels, directly or According to rtega, it is not necessary that the
indirectly, or knowingly permits to be offender should actually discover the contents of
forced or compelled, any of his or its the letter. Reyes, citing
m
laborers or employees to purchase
! believes otherwise.
merchandise or commodities of any kind The last paragraph of Article expressly
from him or from said firm or makes the provision of the first and second
corporation. paragraph thereof inapplicable to parents,
guardians, or persons entrusted with the custody
. Paying the wages due his laborer or of minors placed under their care or custody, and
employee by means of tokens or obect to the spouses with respect to the papers or
other than the legal tender currency of the letters of either of them. The teachers or other
Philippines, unless expressly requested by persons entrusted with the care and education of
such laborer or employee. minors are included in the exceptions.
lements: n a case decided by the Supreme Court, a
a.c ffender pays the wages due a laborer spouse who rummaged and found love letters of
or employee employed by him by means husband to mistress does not commit this crime,
of tokens or obect but the letters are inadmissible in evidence
because of unreasonable search and seizure.
m . Attempted and frustrated robbery committed
under certain circumstances Art.
lements .
xecution of deeds by means of violence or
. ffender is a manager, employee or servant intimidation Art.
. He learns the secrets of his principal or
master in such capacity . Robbery in an inhabited house or public
. He reveals such secrets. building or edifice devoted to worship Art.
An employee, manager, or servant who came to
know of the secret of his master or principal in . Robbery in an inhabited place or in a private
such capacity and reveals the same shall also be building Art.
liable regardless of whether or not the principal
or master suffered damages. . Possession of picklocks or similar tools Art.
The essence of this crime is that the offender
learned of the secret in the course of his . Brigandage Art.
employment. He is enoying a confidential
relation with the employer or master so he
. Aiding and abetting a band of brigands Art.
should respect the privacy of matters personal to
the latter.
. Theft Art.
f the matter pertains to the business of the
employer or master, damage is necessary and . ualified theft Art.
the agent, employee or servant shall always be
liable. Reason: no one has a right to the . Theft of the property of the National Library
personal privacy of another. and National Museum Art.
lements
. ffender is a person in charge, employee or . raudulent insolvency Art.
workman of a manufacturing or industrial
establishment . Swindling Art.
This is not a complex crime as understood under As long as there is only one robbery, regardless
Article
, but a single indivisible crime. This is of the persons killed, you only have one crime of
a special complex crime because the specific robbery with homicide. Note, however, that
penalty is provided in the law. one robbery´ does not mean there is only one
taking.
n
it was held that when violence
or intimidation and force upon things are both llustration:
present in the robbery, the crime is complex
under Article
. Robbers decided to commit robbery in a house,
which turned out to be a boarding house. Thus,
n robbery with violence of intimidation, the there were different boarders who were offended
taking is complete when the offender has already parties in the robbery. There is only one count
the possession of the thing even if he has no of robbery. f there were killings done to
opportunity to dispose of it. different boarders during the robbery being
committed in a boarder¶s quarter, do not
n robbery with force upon things, the things consider that as separate counts of robbery with
must be brought outside the building for homicide because when robbers decide to
consummated robbery to be committed. commit robbery in a certain house, they are only
impelled by one criminal intent to rob and there
will only be one case of robbery. f there were
mm homicide or death committed, that would only be
part of a single robbery. That there were several
The term homicide´ is used in the generic killings done would only aggravate the
sense, and the complex crime therein commission of the crime of robbery with
contemplated comprehends not only robbery homicide.
with homicide in its restricted sense, but also
with robbery with murder. So, any kind of killing 3 c c ë9
c "1c
by reason of or on the occasion of a robbery will ,a!c 55
bring about the crime of robbery with homicide
even if the person killed is less than three days
%
old, or even if the person killed is the mother or
&
father of the killer, or even if on such robbery
%
the person killed was done by treachery or any
%
of the qualifying circumstances. n short, there
is no crime of robbery with parricide, robbery
(
with murder, robbery with infanticide any and
all forms of killing is referred to as homicide.
%
#:)
(
llustration:
The robbers enter the house. n entering
%
through the window, one of the robbers stepped
(
on a child less than three days old. The crime is %
not robbery with infanticide because there is no
%
such crime. The word homicide as used in
defining robbery with homicide is used in the n another case, a band of robbers entered a
generic sense. t refers to any kind of death. compound, which is actually a sugar mill. ithin
must be committed by reason or on the occasion
%
(
of the robbery, that is, the homicide must be
committed in the course or because of the
robbery.´ Robbery and homicide are separate m
offenses when the homicide is not committed on
the occasion´ or by reason´ of the robbery. This is another form of violence or intimidation
upon person. The rape accompanies the
6
robbery. n this case where rape and not
(
homicide is committed, there is only a crime of
robbery with rape if both the robbery and the
%
rape are consummated. f during the robbery,
(
% attempted rape were committed, the crimes
% would be separate, that is, one for robbery and
one for the attempted rape.
%
%
(
The rape committed on the occasion of the
3 c c robbery is not considered a private crime
c "1c ,a!c '8
because the crime is robbery, which is a crime
against property. So, even though the robber
may have married the woman raped, the crime
remains robbery with rape. The rape is not
";
% erased. This is because the crime is against
property which is a single indivisible offense.
$
f the woman, who was raped on the occasion of
&
(
the robbery, pardoned the rapist who is one of
% the robbers, that would not erase the crime of
(
% rape. The offender would still be prosecuted for
the crime of robbery with rape, as long as the
&
% rape is consummated.
f the rape is attempted, since it will be a
% separate charge and the offended woman
(
pardoned the offender, that would bring about a
% bar to the prosecution of the attempted rape. f
&
the offender married the offended woman, that
would extinguish the criminal liability because
(
the rape is the subect of a separate prosecution.
%
(
The intention must be to commit robbery and
even if the rape is committed before the robbery,
% robbery with rape is committed. But if the
accused tried to rape the offended party and
because of resistance, he failed to consummate
the act, and then he snatched the vanity case
3 c c from her hands when she ran away, two crimes
+
are committed: attempted rape and theft.
%
(
&
There is no complex crime under Article
(
because a single act is not committed and
5 attempted rape is not a means necessary to
%
commit theft and vice-versa.
(
The Revised Penal Code does not differentiate
whether rape was committed before, during or
after the robbery. t is enough that the robbery
accompanied the rape. Robbery must not be a
mere accident or afterthought.
To be considered as such, the physical inuries After the robbers fled from the place where the
must always be serious. f the physical inuries robbery was committed, they decided to divide
are only less serious or slight, they are absorbed the spoils and in the course of the division of the
in the robbery. The crime becomes merely spoils or the loot, they quarreled. They shot it
robbery. But if the less serious physical inuries out and one of the robbers was killed. The crime
were committed after the robbery was already is still robbery with homicide even though one of
consummated, there would be a separate charge the robbers was the one killed by one of them.
for the less serious physical inuries. t will only f they quarreled and serious physical inuries
be absorbed in the robbery if it was inflicted in rendered one of the robbers impotent, blind in
the course of the execution of the robbery. The both eyes, or got insane, or he lost the use of
same is true in the case of slight physical any of his senses, lost the use of any part of his
inuries. body, the crime will still be robbery with serious
physical inuries.
llustration:
f the robbers quarreled over the loot and one of
After the robbery had been committed and the the robbers hacked the other robber causing a
robbers were already fleeing from the house deformity in his face, the crime will only be
where the robbery was committed, the owner of robbery and a separate charge for the serious
the house chased them and the robbers fought physical inuries because when it is a deformity
back. f only less serious physical inuries were that is caused, the law requires that the
inflicted, there will be separate crimes: one for deformity must have been inflicted upon one
robbery and one for less serious physical who is not a participant in the robbery.
inuries. Moreover, the physical inuries which gave rise
to the deformity or which incapacitated the
But if after the robbery was committed and the offended party from labor for more than days,
robbers were already fleeing from the house must have been inflicted in the course of the
where the robbery was committed, the owner or execution of the robbery or while the robbery
members of the family of the owner chased was taking place.
them, and they fought back and somebody was
killed, the crime would still be robbery with f it was inflicted when the thieves/robbers are
homicide. But if serious physical inuries were already dividing the spoils, it cannot be
inflicted and the serious physical inuries considered as inflicted in the course of execution
rendered the victim impotent or insane or the of the robbery and hence, it will not give rise to
llustration:
8
( ( come within the definition under the Revised
(
%
Penal Code, the taking will only give rise to theft.
%
(
Those means must be employed in entering. f
the offender had already entered when these
(
means were employed, anything taken inside,
(
%( (
without breaking of any sealed or closed
%
receptacle, will not give rise to robbery.
%
%
lements
!m #
. ffender entered an uninhabited place or a
building which was not a dwelling house, not
lements of brigandage
a public building, or not an edifice devoted to . There are least four armed persons
religious worship . They formed a band of robbers
. Any of the following circumstances was .c The purpose is any of the following:
present: a. To commit robbery in the highway
a. The entrance was effected through an b. To kidnap persons for the purpose of
opening not intended for entrance or extortion or to obtain ransom or
egress c. To attain by means of force and violence
b. A wall, roof, floor, or outside door or any other purpose.
window was broken
c. The entrance was effected through the
use of false keys, picklocks or other
!
#
similar tools #
d. A door, wardrobe, chest, or any sealed
or closed furniture or receptacle was
lements
broken or . There is a band of brigands
&
. Those who having found lost property, fails
to deliver the same to the local authorities or
to its owner
&
. Those who, after having maliciously
damaged the property of another, remove or 3
c c 3
c
make use of the fruits or obects of the c c(c""
c"88c
damage caused by them
Burden of proof is upon fence to overcome
. Those who enter an enclosed estate or a presumption if explanation insufficient or
field where trespass is forbidden or which unsatisfactory, court will convict. This is a
belongs to another and, without the consent malum prohibitum so intent is not material. But
of its owner, hunt or fish upon the same or if prosecution is under the Revised Penal Code,
gather fruits, cereals or other forest or farm as an accessory, the criminal intent is
products. controlling.
'
received by the offender from the
%
%
0
! Ôm m m
(
0 f the property stolen is any property of the
% National Library or of the National Museum
+
!
'%
m
=
Acts punished:
. Taking possession of any real property
%
0 belonging to another by means of violence
&3 c c against or intimidation of persons
c ÿc "
c . surping any real rights in property
"88")c belonging to another by means of violence
against or intimidation of persons.
" !
lements
nder RA
, stiff penalties are imposed on . ffender takes possession of any real
those who engage in the following: property or usurps any real rights in
.c illegal tapping of electric power lines property
.c tampering with or damaging electric . The real property or real rights belong to
meters for purposes of stealing/wasting another
electricity . Violence against or intimidation of persons is
.c tampering, cutting, transporting or used by the offender in occupying real
keeping in personal possession power property or usurping real rights in property
transmission lines / materials without . There is intent to gain.
authorization
lements of estafa with unfaithfulness of abuse or fraudulent acts under Article
of confidence under Article
Acts punished under paragraph a
. sing fictitious name
nder paragraph a
. alsely pretending to possess power,
.c ffender has an onerous obligation to deliver influence, qualifications, property, credit,
something of value agency, business or imaginary transactions
or
.c He alters its substance, quantity, or quality . By means of other similar deceits.
.c Damage or preudice is caused to another.
nder paragraph b
Altering the quality, fineness, or weight of
anything pertaining to his art or business.
nder paragraph b
. Money, goods, or other personal property is nder paragraph c
received by the offender is trust, or on Pretending to have bribed any government
commission, or for administration, or under employee, without preudice to the action for
any other obligation involving the duty to calumny which the offended party may deem
make delivery of, or to return, the same proper to bring against the offender.
. There is misappropriation or conversion of
such money or property by the offender, or nder paragraph d
denial on his part of such receipt . ffender postdated a check, or issued a
. Such misappropriation or conversion or check in payment of an obligation
denial is to the preudice of another and . Such postdating or issuing a check was done
There is a demand made by the offended when the offender had no funds in the bank,
party to the offender. or his funds deposited therein were not
sufficient to cover the amount of the check.
The fourth element is not necessary when there
is evidence of misappropriation of the goods by Note that this only applies if
the defendant. Ô
m
&. The obligation is not pre-existing
A. . A person makes or draws and issues n the estafa under Article d,
any check deceit and damage are material, while in
. The check is made or drawn and Batas Pambansa Blg. , they are
issued to apply on account or for immaterial.
value
n estafa under Article d,
Thus, it can apply to pre-existing knowledge by the drawer of insufficient
obligations, too. funds is not required, while in Batas
Pambansa Blg. , knowledge by the
. The person who makes or draws and drawer of insufficient funds is reqired.
issued the check knows at the time
of issue that he does not have
sufficient funds in or credit with the
!#
drawee bank for the payment of
such check in full upon its
presentment : A B agreed to meet at the latter¶s house to
discuss B¶s financial problems. n his way, one
.c The check is subsequently of A¶s car tires blew up. Before A left the
dishonored by the drawee bank for following meeting, he asked B to lend him money
insufficiency of funds or credit, or so he could buy a new spare tire. B temporarily
would have been dishonored for the exhausted his bank deposits, leaving a zero
same reason had not the drawer, balance. Anticipating, however, a replenishment
without any valid reason, ordered of his account soon, B issued A a post-dated
the bank to stop payment. check that the latter negotiated for a new tire.
hen presented, the check bounced for lack of
funds. The tire company filed criminal charges
B. . A person has sufficient funds in or against A and B. hat would be the criminal
credit with the drawee bank when liability, if any, of each of the two accused?
he makes or draws and issues a
check ASuggested: A who negotiated the unfounded
check of B may only be prosecuted for estafa if
. He fails to keep sufficient funds or to he was aware that there were insufficient funds
maintain a credit to cover the full at the time of the negotiation. therwise, he is
amount of the check if presented not criminally liable. B who accommodated A
within days from the date with his check may be prosecuted under BP
appearing for having issued the check, knowing that he had
no sufficient funds at that time and that A will
. The check is dishonored by the negotiate it to buy a new tire, i.e. for value. B is
drawee bank. not liable for estafa because facts indicate he
only to help A.
%
hen is there prima facie evidence of knowledge
of insufficient funds?
Ô c c c
c c c c c c n
it was held
c c c c c c c that the act of using or disposing of another¶s
c 8'c c
c c c c c c property as if it were one¶s own, or of devoting it
ccc c to a purpose or use different from that agreed
upon, is a misappropriation and conversion to
payment in full by the drawee of !
such check within five banking
days after notice of non-
payment
%
&
The drawee must cause to be written or stamped
%
in plain language the reason for the dishonor.
f the drawee bank received an order of stop-
!"$"$
payment from the drawer with no reason, it
must be stated that the funds are insufficient to
be prosecuted here.
m
The unpaid or dishonored check with the The issuance of check with insufficient funds may
stamped information re: refusal to pay is prima be held liable for estafa and Batas Pambansa
facie evidence of the making or issuance of Blg. . Batas Pambansa Blg. expressly
the check the due presentment to the provides that prosecution under said law is
drawee for payment the dishonor thereof and without preudice to any liability for violation of
the fact that the check was properly any provision in the Revised Penal Code. Double
dishonored for the reason stamped on the check. Jeopardy may not be invoked because a violation
of Batas Pambansa Blg. is a malum
´
cc3
c"8c,a!c prohibitum and is being punished as a crime
against the public interest for undermining the
%
banking system of the country, while under the
RevisedPenal Code, the crime is malum in se
%
% which requires criminal intent and damage to the
1
payee and is a crime against property.
n estafa, the check must have been issued as a
reciprocal consideration for parting of goods
kaliwaan. There must be concomitance. The
deceit must be prior to or simultaneous with
% damage done, that is, seller relied on check to
part with goods. f it is issued after parting with
%
The mere issuance of any kind of check
regardless of the intent of the parties, whether
the check is intended to serve merely as a
guarantee or as a deposit, makes the drawer
liable under Batas Pambansa Blg. if the check
% +
bounces. As a matter of public policy, the
+
##
issuance of a worthless check is a public
%
nuisance and must be abated "
%
!.
n
it
". c c ,!
c
was held that under Batas Pambansa Blg. ,
c ""
c "88
c c
there is no distinction as to the kind of check
3 c c !
c 4 c
issued. As long as it is delivered within Philippine
1
c"88$
territory, the Philippine courts have urisdiction.
stafa through any of the following fraudulent . Said personal property is in the lawful
means under Article possession of another
. ffender wrongfully takes it from its lawful
nder paragraph a possessor
. ffender induced the offended party to sign . Preudice is thereby caused to the possessor
a document or third person.
. Deceit was employed to make him sign the
document nder paragraph by executing any fictitious
. ffended party personally signed the contract to the preudice of another
document
. Preudice was caused. nder paragraph by accepting any
compensation for services not rendered or for
nder paragraph b labor not performed
Resorting to some fraudulent practice to insure
success in a gambling game nder paragraph by selling, mortgaging or
encumbering real property or properties with
nder paragraph c which the offender guaranteed the fulfillment of
. ffender removed, concealed or destroyed his obligation as surety
. Any court record, office files, documents or
any other papers
lements
. ith intent to defraud another. . ffender is a surety in a bond given in a
criminal or civil action
. He guaranteed the fulfillment of such
!m
obligation with his real property or
properties
nder paragraph By conveying, selling, .c He sells, mortgages, or in any manner
encumbering, or mortgaging any real property, encumbers said real property
pretending to be the owner of the same .c Such sale, mortgage or encumbrance is
without express authority from the court, or
. Acts of lasciviousness with the consent of the The acquittal of the woman does not necessarily
offended party Art. result in the acquittal of her co-accused.
lements
. The man is married Note that there are two kinds of acts of
. He is either lasciviousness under the Revised Penal Code:
a. Keeping a mistress in the conugal under Article , and under Article .
dwelling
b. Having sexual intercourse under . Article . Acts of Lasciviousness
scandalous circumstances with a woman
who is not his wife or nder this article, the offended party
c. Cohabiting with a woman who is not his may be a man or a woman. The crime
wife in any other place committed, when the act performed with
lewd design was perpetrated under
Always remember that there can be no The distinction between qualified seduction and
frustration of acts of lasciviousness, rape or simple seduction lies in the fact, among others,
adultery because no matter how far the offender that the woman is a virgin in qualified seduction,
may have gone towards the realization of his while in simple seduction, it is not necessary that
purpose, if his participation amounts to the woman be a virgin. t is enough that she is
performing all the acts of execution, the felony is of good repute.
necessarily produced as a consequence thereof.
or purposes of qualified seduction, virginity
ntent to rape is not a necessary element of the does not mean physical virginity. t means that
crime of acts of lasciviousness. therwise, there the offended party has not had any experience
would be no crime of attempted rape. before.
lements f a person goes to a sauna parlor and finds
a. ffended party is a virgin, which is there a descendant and despite that, had sexual
presumed if she is unmarried and of intercourse with her, regardless of her reputation
good reputation or age, the crime of qualified seduction is
b. She is over and under
years of committed.
age
lements
. ffender party is over and under
years of age
!m
Ô
. She is of good reputation, single or widow
. ffender has sexual intercourse with her Acts punished
. t is committed by means of deceit. .
ngaging in the business of prostitution
. Profiting by prostitution
.
nlisting the services of women for the
This crime is committed if the offended woman is purpose of prostitution.
single or a widow of good reputation, over
and under
years of age, the offender has
carnal knowledge of her, and the offender
!
resorted to deceit to be able to consummate the
sexual intercourse with her.
lements
. The person abducted is any woman,
The offended woman must be under
but not regardless or her age, civil status, or
less than years old otherwise, the crime is reputation
statutory rape. . The abduction is against her will
. The abduction is with lewd designs.
nlike in qualified seduction, virginity is not
essential in this crime. hat is required is that
the woman be unmarried and of good reputation. A woman is carried against her will or brought
Simple seduction is not synonymous with loss of from one place to another against her will with
virginity. f the woman is married, the crime will lewd design.
be adultery.
f the element of lewd design is present, the
The failure to comply with the promise of carrying of the woman would qualify as
marriage constitutes the deceit mentioned in the abduction otherwise, it would amount to
law. kidnapping. f the woman was only brought to a
certain place in order to break her will and make
her agree to marry the offender, the crime is
only grave coercion because the criminal intent
!! mm of the offender is to force his will upon the
m woman and not really to restrain the woman of
her liberty.
lements
. ffender commits acts of lasciviousness or f the offended woman is under years old,
lewdness even if she consented to the abduction, the
. The acts are committed upon a woman who crime is forcible abduction and not consented
is a virgin or single or widow of good abduction.
reputation, under
years of age but over
years, or a sister or descendant, here the offended woman is below the age of
regardless of her reputation or age consent, even though she had gone with the
Ô Ô %
Ô Ô The crime committed is abandoning a minor
Ô Ô
under Article .
m
.c Suppose that the purpose of the woman is
. Simulation of births, substitution of one child abandoning the child is to preserve the
for another and concealment or inheritance of her child by a former
abandonment of a legitimate child art. marriage, what then is the crime committed?
The crime would fall under the second
. surpation of civil status Art.
paragraph of Article . The purpose of the
woman is to cause the child to lose its civil
. Bigamy Art. status so that it may not be able to share in
the inheritance.
. Marriage contracted against provisions of law
Art. .c Suppose a child, one day after his birth, was
taken to and left in the midst of a lonely
. Premature marriages Art. forest, and he was found by a hunter who
took him home. hat crime was committed
. Performance of illegal marriage ceremony by the person who left it in the forest?
Art. .
t is attempted infanticide, as the act of the
offender is an attempt against the life of the
!
# m child. See
! m
m
m !
m
Acts punished
. Simulation of births
The term civil status includes one's public Bigamy is a form of illegal marriage. The
station, or the rights, duties, capacities and offender must have a valid and subsisting
incapacities which determine a person to a given marriage. Despite the fact that the marriage is
class. t seems that the term civil status still subsisting, he contracts a subsequent
includes one's profession. marriage.
lements
The crime of bigamy does not fall within the . ffender contracted marriage
category of private crimes that can be . He knew at the time that
prosecuted only at the instance of the offended a. The requirements of the law were not
party. The offense is committed not only against complied with or
the first and second wife but also against the b. The marriage was in disregard
state. of a legal impediment.
n law, however, the privileged character of a Note that in libel, the person defamed need not
defamatory statement may be absolute or be expressly identified. t is enough that he
qualified. could possibly be identified because innuendos
may also be a basis for prosecution for libel. As
hen the privileged character is said to be a matter of fact, even a compliment which is
absolute, the statement will not be actionable undeserved, has been held to be libelous.
whether criminal or civil because that means the
law does not allow prosecution on an action The crime is libel is the defamation is in writing
based thereon. or printed media.
! Ôm
m Slander by deed refers to performance of an act,
m
not use of words.
Two kinds of slander by deed
Acts punished . Simple slander by deed and
. Threatening another to publish a libel . Grave slander by deed, that is, which is of a
concerning him, or his parents, spouse, serious nature.
child, or other members of his family
. ffering to prevent the publication of such hether a certain slanderous act constitutes
libel for compensation or money slander by deed of a serious nature or not,
consideration. depends on the social standing of the offended
party, the circumstances under which the act
Blackmail n its metaphorical sense, blackmail was committed, the occasion, etc.
may be defined as any unlawful extortion of
money by threats of accusation or exposure.
Two words are expressive of the crime hush
!!
money.
! m
Blackmail is possible in light threats under
Article
and threatening to publish, or
lements
offering to prevent the publication of, a libel for . ffender performs an act
compensation, under Article . . By such an act, he incriminates or imputes
to an innocent person the commission of a
crime
! m
. Such act does not constitute perury.
m
This crime cannot be committed through verbal
incriminatory statements. t is defined as an act
As far as this crime is concerned, this has been . Committing through simple imprudence or
interpreted to be possible only in the so-called negligence an act which would otherwise
planting of evidence. constitute a grave or a less serious felony
. Causing damage to the property of another
through reckless imprudence or simple
!
imprudence or negligence
This crime is committed by any person who shall . Causing through simple imprudence or
make any intrigue which has for its principal negligence some wrong which, if done
purpose to blemish the honor or reputation of maliciously, would have constituted a light
another person. felony.
Ô
Ô % "
'
Prohibited acts under Sec. , -:
.c nlawful manufacture, sale,
acquisition, disposition or
possession of firearms or
ammunition or instruments used
for the manufacture of such
.c Tampering with the firearms¶
serial no.
.c nlawful manufacture, sale,
acquisition, disposition or
possession of explosives
.c Repacking/altering the
composition of lawfully
manufactured explosives and
.c nauthorized issuance of permit
to carry firearms/explosives
outside the residence
- hile illegal possession per se is
punishable, it can be absorbed in or
appreciated as an aggravating
circumstance in the commission of an
offense, depending on the circumstances
surrounding the case.
Ô
Ô
" '
- Sec. defines money laundering as a
crime wherein proceeds of an unlawful
activity defined are transacted, thus making
them appear to have originated from a
legitimate source.´
- examples of unlawful activity´, as defined
by said laws:
Yc Hiacking
Yc Kidnapping for ransom
Yc
stafa/ other forms of swindling
Yc Piracy
Yc Jueteng/ other forms of illegal
gambling
Yc Smuggling
Yc
xtortion
Yc Violations of the
lectronic
Commerce Act