Criminal Law 2, Table of Felonies

Criminal Law 2 Reviewer

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CRIMINAL LAW 2 REVIEWER TABLE OF FELONIES TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS This Title punishes certain acts committed during wartime or peacetime which endanger the very existence of the State. ARTICLE 114

FELONY TREASON

DEFINITION Treason is a breach of allegiance to a government, committed by a person who owes allegiance to it.

1. 2. 3.

ELEMENTS offender is a Filipino citizen or a resident alien war in which the Philippines is involved offender either: a. levies war against the Government b. adheres to the enemies, giving them aid and comfort

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CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

NOTES treason is a war crime levying war must involve (1) actual assembling of men, (2) purpose of executing a treasonable design by force levying war must be in collaboration with a foreign enemy aid or comfort must consist of deeds or physical activity, not mental allegiance treason may not be complexed with other crimes treason is a continuous offense two-witness rule/ admission in open court provides adequate proof of treason defense of duress or uncontrollable fear may be sufficient


115

CONSPIRACY/PROPOSAL TO COMMIT TREASON

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Conspiracy to commit treason happens when 2 or more persons agree to levy war against the Government, or to give aid/comfort to her enemies.

Proposal happens when a person who has decided to commit treason suggests its commission to another. Misprision is knowingly concealing/non-disclosure of a plot of treason to established authorities.

cf. elements of treason, esp. (3)

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two-witness rules DOES NOT APPLY to conspiracy/proposal to commit treason

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116

117

MISPRISION OF TREASON

ESPIONAGE


Espionage is gathering, transmitting or losing information respecting national defense to the injury of the Philippines.

1.

offender owes allegiance to the Government, not a foreigner 2. he has knowledge of a conspiracy of treason 3. he conceals/does not disclose such conspiracy 1. entering a military establishment without authority a. offender enters b. no authority c. purpose to obtain information relative to national defense 2. disclosing to a representative of a foreign nation a. offender is a public officer

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offender in misprision is punished as an accessory to treason the offender is also punished as principal in the felony of misprision Commonwealth Act No. 616 also punishes other acts of espionage: (1) unlawful obtaining/permission to obtain information, (2) unlawful disclosure of information, (3) disloyal acts/words in times of peace, (4) disloyal acts/words in times of war, (5) conspiracy to violation, (6) harboring/concealing


115

CONSPIRACY/PROPOSAL TO COMMIT TREASON

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Conspiracy to commit treason happens when 2 or more persons agree to levy war against the Government, or to give aid/comfort to her enemies.

Proposal happens when a person who has decided to commit treason suggests its commission to another. Misprision is knowingly concealing/non-disclosure of a plot of treason to established authorities.

cf. elements of treason, esp. (3)

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two-witness rules DOES NOT APPLY to conspiracy/proposal to commit treason

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116

117

MISPRISION OF TREASON

ESPIONAGE


Espionage is gathering, transmitting or losing information respecting national defense to the injury of the Philippines.

1.

offender owes allegiance to the Government, not a foreigner 2. he has knowledge of a conspiracy of treason 3. he conceals/does not disclose such conspiracy 1. entering a military establishment without authority a. offender enters b. no authority c. purpose to obtain information relative to national defense 2. disclosing to a representative of a foreign nation a. offender is a public officer

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offender in misprision is punished as an accessory to treason the offender is also punished as principal in the felony of misprision Commonwealth Act No. 616 also punishes other acts of espionage: (1) unlawful obtaining/permission to obtain information, (2) unlawful disclosure of information, (3) disloyal acts/words in times of peace, (4) disloyal acts/words in times of war, (5) conspiracy to violation, (6) harboring/concealing


118

INCITING TO WAR/ GIVING MOTIVES TO REPRISALS

Inciting to war is provocation for hostile action by another nation.

119

VIOLATION OF NEUTRALITY

One defies the country’s intention not to take part in a contest of arms by two opposing countries.

120

CORRESPONDENCE W/ HOSTILE COUNTRY

This is a wartime offense where an offender communicates with a hostile country through letters and other signs.

121

FLIGHT TO ENEMY COUNTRY


This is a wartime offense where an offender flees from the

b. possession of information c. disclosure of information 1. offender performs unlawful or unauthorized acts 2. such acts provoke or give occasion to war or expose Filipinos to reprisals 1. war in which the Philippines is NOT involved 2. regulation pertaining to neutrality 3. offender violates such regulation 1. war in which the Philippines is involved 2. offender makes correspondence with an enemy country or territory occupied by enemy troops 3. correspondence a. prohibited by Government b. carried by ciphers or signs c. containing notice/ information which might be useful to enemy 1. war in which the Philippines is involved

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intention is immaterial committed during peacetime higher penalties for public officers or employees a competent authority must issue such regulation

correspondence means letters even if correspondence contains innocent matters, as long as it prohibited, it is punishable under Art. 120

mere attempt consummates the crime


Philippines to a nation at war against her.

2. 3. 4.

122

PIRACY/MUTINY IN THE HIGH SEAS

This is an attack on a vessel in the high seas.

1. 2.

3.

123

QUALIFIED PIRACY

This is piracy attended by qualifying circumstances, which results to a higher penalty.

1. 2. 3.

offender owes allegiance to the Philippines offender attempts to flee or go to enemy country going to enemy country is prohibited vessel is on the high seas or Philippine waters offenders are NOT members of crew or passengers offenders (a) attack the vessel, (b) seize the whole/part of its cargo seizing a vessel through boarding/firing upon it abandoning victims without means to save themselves crime is accompanied by murder, homicide, physical injuries or rape

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piracy and mutiny may be considered acts of terrorism under RA 9372

PD 532 includes piracy in Philippine waters punished as a special complex crime RA 6235 punishes hijacking of a plane

TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE This Title punishes crimes that infringe upon constitutionally guaranteed rights of individuals. ARTICLE 124

FELONY ARBITRARY DETENTION

DEFINITION Arbitrary detention is confining a person without any legal ground.

1. 2. 3.


ELEMENTS offender is an officer or public employee detention of a person detention without legal

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NOTES lack of legal ground occurs when (1) victim has not committed any crime, (2) victim is not suffering from


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125

DELAY IN DELIVERY OF DETAINED PERSONS

This crime consists of not immediately delivering a detained person to a proper judicial authority.

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offender is a public officer or employee he has detained a person for a legal ground failure to deliver such person within: (1) 12 hours, light felonies, (2) 24 hours, less grave felonies, (3) 36 hours, grave felonies

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126

DELAYING RELEASE


Delaying release includes delaying the performance of a judicial/executive order for release, unduly delaying service of notice, or unduly delaying the

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offender is a public officer or employee 2. judicial/executive order for the release of a prisoner 3. offender, without good

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violent insanity/ailment arrest without warrant is the usual cause cause of arbitrary arbitrary detention a warrantless arrest only becomes legal: (1) actual commission of the offense, (2) offense has just been committed and there is probable cause, (3) arrest of an escaped prisoner arbitrary detention may be committed through imprudence if offender is a private person, the crime is illegal detention does not apply to an arrest by virtue of a warrant duty of detaining officer is complied with filing of complaint with judicial authority suspected terrorists are not covered by Art. 125 pursuant to RA 9372 wardens/jailers are public officers most likely to violate Art. 126


127

128

129

EXPULSION

VIOLATION OF DOMICILE

SEARCH WARRANTS MALICIOUSLY OBTAINED, ABUSE IN SERVICE OF THOSE LEGALLY OBTAINED

proceedings for a petition for release. This crime consists of expelling a person from the Philippines or forcing him to change his residence.

This crime consists of entering a dwelling against the will of the owner, searching papers/effects without consent, refusing to leave the premises after having being required to. The crime consists of procuring a search warrant without cause or exceeding one’s authority or using unnecessary severity in executing a search warrant.

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3. 1. 2.

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reason, delays such release (cf. definition of the felony) offender is a public officer or employee expulsion of a person from the Philippines/compelling him to change residence NO authority by law offender is a public officer or employee he is NOT authorized by judicial order to enter dwelling and/or to make a search procuring a search warrant without just cause: (1) offender is a public officer or employee, (2) he procures a search warrant, (3) there is no just cause

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exceeding authority/ unnecessary severity: (1) offender is a public officer, or employee, (2) legal procurement of a search warrant, (3) exceeding one’s authority or use of unnecessary severity in executing the same

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only a court by final judgment can order a person to change his residence (ie. ejectment proceedings, expropriation, destierro) destierro) qualifying circumstances include (1) nighttime or (2) not returning the papers/effects not constituting evidence of a crime search warrant: an order in writing issued in the name of the People of the Philippines, signed by a judge, and directed to a peace officer search must be done in the presence of 2 witnesses a receipt of the property seized is required


130

SEARCHING DOMICILE WITHOUT WITNESSES

This crime consists of a proper search done without the person being searched, his family or 2 witnesses in the same locality.

131

PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS

This is an infringement of the constitutional right to assembly.

1.

offender is a public officer or employee 2. he is armed with a search warrant legally procured 3. he searches the domicile, papers and belongings of any person 4. owner, any member of his family or 2 witnesses residing in the same locality are not present 1. offender is a public officer or employee 2. he performs any of the acts: prohibiting, interrupting or dissolving peaceful meetings

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132

INTERRUPTION OF RELIGIOUS WORSHIP

This crime consists preventing/disturbing ceremonies of any religion.

of the

1. 2.

3. 133

OFFENDING THE RELIGIOUS FEELINGS


This crime consists of acts that are notoriously offensive to the

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offender is a public officer or employee religious ceremonies or manifestations are about to take place or are going on offender prevents or disturbs the same acts were performed (1) in a place devoted to

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search without warrant under the Tariff and Customs Code does NOT INCLUDE a dwelling house

private individuals cannot commit this crime; private individuals will be charged with disturbance of public order in Art. 153 right to a peaceful meeting NOT absolute, may be regulated offender must be a stranger and NOT a participant to the meeting violence/threats qualify the offense reading of the Bible and attacking certain churches is NOT a religious ceremony

to be notoriously offensive means to ridicule, mock,


feelings of the faithful.

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religious worship or (2) during the celebration of a religious ceremony acts must be notoriously offensive to the feelings of the faithful

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scoff or damage an object of religious veneration offense to feelings is judged from the complainant’s point of view

TITLE III: CRIMES AGAINST PUBLIC ORDER This Title punishes crimes that defy the lawful acts of the duly-constituted authorities. ARTICLE 134

FELONY REBELLION OR INSURRECTION

DEFINITION Rebellion is a crime of multitude involving masses of men.

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ELEMENTS there must be (a) public uprising, or (b) taking arms against the Government purpose of the uprising: (a) remove allegiance to Government or its laws, (b) to deprive the Chief Executive or Congress, wholly or partially, of any of their powers or prerogatives

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134-A

COUP D’ ETAT


A coup d’ etat is a swift attack against duly constituted authorities with the aim to seize or diminish state power.

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offender belongs to the military or police or holding any public office or employment

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actual clash of arms NOT necessary purpose of rebellion must be shown NOT necessary that purpose be accomplished giving aid/comfort is NOT punishable rebellion cannot be complexed with murder and other common crimes acts committed in furtherance of rebellion are absorbed in the charge politically-motivated murders are charged with rebellion coup d’ etat may be punishable as terrorism under RA 9372 a public officer must take


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136

137

CONSPIRACY AND PROPOSAL TO COMMIT COUP D’ ETAT, REBELLION OR INSURRECTION

cf. Art. 8, RPC.

DISLOYALTY OF PUBLIC OFFICERS/EMPLOYEES

This crime punishes acts of public officers/employees in times of rebellion.


a swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. attack is directed against duly constituted authorities or any military camp/installation, or any facility for the exercise and continued possession of power 4. purpose of the attack is to seize or diminish state power cf. elements of Art. 134 and 134A

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offender is a public officer or employee he performs an act of disloyalty: (1) failing to resist a rebellion by all means in their power, (2) continuing to discharge duties of their office under the control of the rebels, (3) accepting appointment to office by the rebels

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active part in order to be liable when leaders are unknown, person/s who directed the coup d’ etat are punished as leaders

mere agreement/proposal to commit rebellion or similar acts are already punishable by law organizing soldiers, soliciting membership and funds show conspiracy offender must NOT be in conspiracy with the rebels


138

INCITING TO REBELLION OR INSURRECTION

This crime consists of inducing another to rebellion or insurrection publicly.

1.

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139

SEDITION

141

CONSPIRACY TO COMMIT SEDITION

142

INCITING TO SEDITION


Sedition is the raising of commotions or disturbances in the State, with an object of violating the public peace.

This crime consists of an agreement and decision to rise publicly and tumultuously. This crime consists of inducing persons to commit acts of

offender does not take arms or is not in open hostility against the Government he incites another to the execution of acts of rebellion inciting is done by means of speeches, proclamations, etc.

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offenders rise (1) publicly and (2) tumultuously 2. they employ force, intimidation or other means outside of legal methods 3. offenders employ any of the following means: (1) prevent promulgation or execution of any law/election (2) prevent exercise of function, (3) act of hate/revenge upon a public officer, (4) act of hate/revenge upon private person or social class, (5) despoliation for political or social end cf. Art 139, RPC for sedition

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offender does not take part in the crime of sedition

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inciting to rebellion does not require decision to commit rebellion inciting to rebellion is a PUBLIC act rebellion must NOT be committed by persons induced; otherwise, one becomes a principal by inducement sedition is differentiated from rebellion by the object or purpose of the uprising sedition is committed by persons (3 or more persons) a public uprising and an object of sedition must concur common crimes are NOT absorbed in sedition

NO proposal to commit sedition uttering seditious words or speeches is punishable


sedition.

143

144

ACTS TENDING TO PREVENT THE MEETING OF THE NATIONAL ASSEMBLY

This crime consists of acts that seek to stop legislative meetings.

DISTURBANCE OF PROCEEDINGS

This crime consists of disruptions to legislative meetings.

2. he incites others to the accomplishment of seditious acts 3. inciting is done by means of speeches, proclamations, etc.

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145

VIOLATION OF PARLIAMENTARY IMMUNITY


This crime consists of employing force, intimidation, threats or frauds to prevent a member of the National Assembly from assuming his tasks.

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projected/actual meeting of a legislative body prevention by force or fraud there is a meeting of a legislative body offender does the following acts: (1) disturbs any of such meetings, (2) behaves in a manner that interrupts the proceedings or impairs the respect due it

offender uses force, intimidation, threats or fraud purpose of the offender is to prevent any member of the National Assembly from: (1) attending

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by Art. 142 scurrilous libels against the government also punishable tests on seditious words: (1) clear and present danger rule, (2) dangerous tendency rule preventing a legislative meeting when its defect is not manifest and requires an investigation is still liable under Art. 143 it must be a meeting of a legislative body, provincial board, city or municipal council the complaint must be filed by a member of the legislative body one who disturbs the proceedings of the National Assembly may also be liable for contempt parliamentary immunity does not protect National Assembly members from their own responsibility under the 1987 Constitution, members of Congress are exempt


146

147

148

ILLEGAL ASSEMBLIES

ILLEGAL ASSOCIATIONS

DIRECT ASSAULTS


Illegal assemblies are meetings where (1) armed persons attend for the purpose of committing a crime, (2) armed/unarmed persons are incited to treason, rebellion or insurrection, sedition or assault.

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meetings, (2) expressing his opinions, (3) casting his vote offender is a leader, organizer or person present at the meeting meeting is either (1) attended by armed persons for the purpose of committing a crime, (2) attended by armed/unarmed by persons incited to treason, rebellion or insurrection, sedition or assault

Illegal associations are groups totally or partially organized for (1) commiting crimes or, (2) purposes contrary to public morals.

1.

Direct assaults are crimes having two forms: (1) without public uprising, employing force and intimidation for the attainment of purposes of rebellion and

FIRST FORM OF DIRECT ASSAULT: 1. offender employs force or intimidation 2. aim to attain any of the

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offender must be a founder, leader or member of the association the association is totally or partially organized for (1) committing crimes, or (2) purposes contrary to public morals

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persons present in the first form of illegal assembly must be ARMED supra, but NOT all persons must be armed unarmed persons are still liable nonetheless arms include bolos and knives gathering that is in a fixed place or moving is considered a “meeting” in illegal associations, a meeting is NOT necessary the mere act of forming the said association is punishable by law

“attack” includes any offensive/antagonistic movement force must be of a serious character


sedition, (2) without public uprising, attacking, employing force, seriously intimidation or seriously resisting any person in authority (PIA) or any of his agents

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purposes of rebellion or sedition NO public uprising

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SECOND FORM OF DIRECT ASSAULT: 1. offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or (d) makes a serious resistance 2. person assaulted is a person in authority or his agent 3. at the time of the assault, person in authority/agent (a) is engaged in actual performance of duty, or he is assaulted (b) by reason of past performance of duty 4. offender knows that the person has authority 5. no public uprising QUALIFYING CIRCUMSTANCES: 1. assault is committed by a weapon 2. offender is a public officer/employee


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nonetheless, if the offended party is a PIA, force need not be serious intimidation/resistance must be serious and active intimidation must produce immediate effects a PIA must be directly vested with jurisdiction (the powers and duties are determined) PIAs include division superintendents, teachers and lawyers an agent of a PIA is charged with maintenance of public order agents include policemen, municipal treasurers, postmasters, sheriffs, BIR agents, Malacanang agents, barangay chief tanods function of a PIA/agent must be shown in the information even if agent of PIA agrees to fight, crime still constitutes direct assault


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offender lays hands on a PIA

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self-defense is valid if PIA/agent unlawfully provokes a person (cf. Art 11, RPC) if both offender and offended party are PIA/agents, the crime is qualified knowledge of the accused that the offended party is a PIA/agent is ESSENTIAL information must allege such knowledge disregard of respect on account of rank (cf. Art 14, RPC) inherent in direct assault when PIA/agent is not on performance of duty when attacked, evidence of motive becomes necessary direct assault may be complexed with murder, homicide or serious physical injuries slight physical injuries are absorbed in direct assault


149

INDIRECT ASSAULTS

Indirect assaults are committed against persons who come to the aid of an agent/PIA who is attacked.

1. 2. 3.

PIA/agent is a victim of direct assault person comes into aid of PIA/agent offender uses force or intimidation upon such person

150

DISOBEDIENCE TO THE NATIONAL ASSEMBLY

This crime consists of acts that defy the National Assembly or Constitutional Commissions: 1. refusing to obey summons 2. refusing to be sworn 3. refusing to answer any legal inquiry 4. restraining another from attending as a witness 5. inducing disobedience

1.

offender does any of the acts that defy the National Assembly or Constitutional Commissions

151

RESISTANCE AND DISOBEDIENCE TO PIA/AGENT

This is the unwarranted refusal to comply with the lawful orders of PIA/agents.

SERIOUS DISOBEDIENCE: 1. PIA/agent in performance of duty 2. offender resists or seriously disobeys such person 3. act of the offender is NOT included in Arts. 148-150 SIMPLE DISOBEDIENCE: 1. agent is in the


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can only be committed in cases of direct assault private persons may be victims of indirect assault

any of the acts under Art. 150 may also be punished for contempt (cf. Arnault v Nazareno, 87 Phil. 29)

justified resistance may be invoked in unlawful aggression (cf. Art. 11, RPC) in cases of pickets, these must be lawful orders from the agent must be lawful


2. 3. 153

154

TUMULTS

UNLAWFUL USE OF MEANS OF PUBLICATION, UNLAWFUL UTTERANCES


This crime may consist of any of the following acts: 1. serious disturbances in any public place, office or establishment 2. interrupting/disturbing peaceful meetings 3. making any outcry tending to incite rebellion or sedition 4. displaying placards or emblems which disturb the public order 5. burying with pomp the body of a legally executed person

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This crime may consists of any of the following acts: 1. false news which endangers public order, damages interest/credit of the State 2. encouraging disobedience to the law

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performance of duty offender disobeys such agent disobedience is NOT of a serious nature offender does any of the acts in the definition

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offender does any of the acts in the definition

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“serious disturbance” must be planned or intended this felony applies to disturbing a religious ceremony done by private persons, or by a public officer who ATTENDS the ceremony outcry must NOT be intentionally aimed to incite sedition; otherwise, Art. 142 must be charged a “tumultuous” (3 or more persons) disturbance qualifies the offense actual public disorder or damage to the State NOT necessary the offender must know that the news is false RA 248 penalizes reprinting government


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155

156

ALARMS AND SCANDALS

DELIVERING PRISONERS FROM JAIL

malicious publishing of official documents without proper authority 4. anonymous publication This crime may include any of the following acts: 1. discharging a firearm or any explosive 2. instigating or taking part in charivari 3. disturbing public peace at night 4. disturbance/scandal in public places while intoxicated This crime consists of helping prisoners escape from detention.

publications without previous authority

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person confined in jail offender removes such person from confinement

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157

EVASION OF SERVICE OF SENTENCE

This crime consists of avoiding the service of imprisonment.

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offender convicted by final judgment sentence consists of deprivation of liberty escaping during the term of sentence

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discharge of firecrackers or rockets during festive occasions not penalized charivari is defined by a medley of discordant voices

includes detention prisoners hospital/asylum considered as extension of jail violence, intimidation bribery, employing deceit NOT necessary not applicable to sentence executed by deportation applicable to destierro qualified by: (1) unlawful entry, (2) breaking doors, windows, gates, walls, roofs and floors, (3)


158

EVASION DURING DISORDERS

This crime is similar to the previous Article, but done during times of calamity

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3.

159

OTHER CASES OF EVASION OF SERVICE OF SENTENCE

This crime consists of an offender doing any act contravening the terms of his conditional pardon.

4. 1. 2. 3.

(VIOLATION OF CONDITIONAL PARDON)

offender convicted by final judgment disorder such as (1) conflagration, (2) earthquake, (3) explosion, (4) catastrophe, (5) mutiny in which he did NOT participate leaving the penal institution during the said calamity failure to give himself up offender was a convict conditional pardon by the Chief Executive violation of the conditions of the pardon

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using picklocks, false keys, disguise, deceit, violence or intimidation, (4) connivance with other convicts or employees convict must leave the penal institution increased penalties (not exceeding 6m) for convicts who fail to return mutiny implies an unlawful resistance or revolt

2 penalties: (1) prision correccional (PC) if the penalty remitted < 6y, (2) unexpired portion if the penalty > 6y violation of conditional pardon a DISTINCT crime violation of conditional pardon NOT a substantive offense conditions extend to special laws


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QUASI-RECIDIVISM

An offender commits another crime during the service of his penalty.

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offender convicted by final judgment commission of a new felony before beginning to serve/while serving the sentence

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HUMAN SECURITY ACT OF 2007 (RA 9372) Acts Punishable as Terrorism 1. Art. 122, Piracy 2. Art. 134, Rebellion/Insurrection 3. Art. 134-A, Coup d’ Etat 4. Art. 248, Murder 5. Art. 267, Kidnapping and Serious Illegal Detention CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

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offender may be arrested and jailed without proper trial first crime need NOT be a felony new offense need NOT be of a different character different from reiteracion, because it means committing another offense AFTER serving out the sentence cannot be offset by ordinary mitigating circumstances offender may be pardoned at the age 70 years only a convict “who is NOT a habitual criminal” shall be pardoned


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Art. 324, Crimes Involving Destruction, or under a. PD 1613, Law on Arson b. RA 6969, Toxic Substances and Nuclear Waste Control Act of 1990 c. RA 5207, Atomic Energy Regulatory and Liability Act of 1968 d. RA 6235, Anti-Hijacking Law e. PD 532, Anti-Piracy and Anti-Highway Robbery Law of 1974 f. PD 1866, Illegal Possession of Firearms

Notes on RA 9372: 1. Terrorism is the most severely punished crime (40 y imprisonment). 2. Conspiracy to commit terrorism is punishable as a crime. 3. Penalties are imposed upon accomplices (20 y imprisonment) and accessories (10 y 1 d – 12 y imprisonment) to terrorism. 4. Prosecution under RA 9372 is a bar to prosecution of another penal offense. TITLE IV: CRIMES AGAINST PUBLIC INTEREST This Title punishes crimes that subvert the integrity of the truth such as forgeries, counterfeiting and perjuries. ARTICLE 161

FELONY FORGING GOVERNMENT SEAL, SIGNATURE AND STAMP OF THE CHIEF EXECUTIVE

162

USING FORGED SIGNATURE OR COUNTERFEIT SEAL OR STAMP

DEFINITION This crime consists of counterfeiting the symbols of the Chief Executive (Great Seal, signature and presidential stamp). This crime consists of the utilization of the said counterfeited symbols.

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163

MAKING, IMPORTING OR UTTERING FALSE COINS

This crime consists of the production/use of false coins.

1. 2.


ELEMENTS offender does any of the acts in the definition

symbols were forged by another person offender knew of the counterfeiting or forgery he used the said counterfeit or forgery false or counterfeited coins offender made, imported

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NOTES the signature of the President must be formed in what appears as an official document offender should NOT be the forger

coin: piece of metal stamped with certain marks and made


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or uttered such coins in uttering, there must be connivance with the counterfeiters or importers

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164

165

MUTILATION OF COINS

SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE

This crime consists of destroying coins, such as (1) mutilating coins with intent to defraud, (2) importing or uttering such mutilated coins. This crime consists of possessing a mutilated coin with intent to utter it.

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possession of coin: 1. possession 2. intent to utter 3. knowledge actually uttering: 1. actually uttering 2. knowledge

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current at a certain value import: to bring into port utter: pass counterfeited coins, includes delivery or giving away former coins withdrawn from circulation may be counterfeited mutilation: taking off part of the metal coin must be of legal tender coins of a foreign country not included possession does not require the coin to be legal tender constructive possession included possession of counterfeiter or importer is NOT punished as a separate offense accused must have knowledge that the coin is false


166

FORGING TREASURY OR BANK NOTES OR OTHER DOCUMENTS

This crime consists of forgeries of obligations and securities issued by the Government or private entities (eg. banks) through (1) forging/falsification of treasury or bank notes, (2) importation of the said forgeries, (3) uttering of such forgeries.

1.


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167

168

COUNTERFEITING, IMPORTING AND UTTERING INSTRUMENTS NOT PAYABLE TO BEARER ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES

This crime is similar to Art. 166 but the instrument concerned is NOT payable to a bearer. These instruments may include paper currency. This crime consists of holding a false security with intent to use it.

1. 2.

3. 1. 2. 3.


instrument NOT payable to bearer offender forged, imported or uttered such instrument connivance in uttering forged treasury/bank note offender knows about forgery/falsification performance of these acts: (1) using forged or falsified instruments, (2)

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22

forging: giving the appearance of a true and genuine document falsification: erasing, substituting, counterfeiting and altering any content uttering must be done with connivance treasury/bank notes, certificates or other obligations and securities payable to bearer may be falsified Philippine National Bank checks are commercial documents, not covered by Art. 166 connivance is NOT required if the utterer is the forger

intent to possess is NOT intent to use accused must have knowledge of the forged character of the note presumption of


possession for intended use 

170

FALSIFICATION OF LEGISLATIVE DOCUMENTS

This crime consists of altering documents produced by lawmaking agencies.

1. 2. 3. 4.

bill enacted, approved or pending approval offender alters it no proper authority alteration changed document’s meaning

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171

FALSIFICATION BY PUBLIC OFFICER

This crime consists of counterfeiting or forging documents by the class of persons mentioned in the elements.

1.

2. 3.


offender is a public officer, employee, notary public, ecclesiastical minister takes advantage of official position falsifies a document by the following acts: (1) counterfeiting or imitating any handwriting, signature or rubric, (2) causing it to appear that persons have participated in a proceeding, (3) attributing statements to

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23

possessor as material author of the forgery burden of proof falls on the accused bill, resolution or ordinance must be genuine offender may be any person act of falsification is limited to altering which changes meaning RA 248 punishes unlawful reproduction of such documents taking advantage: (1) duty to make, prepare or intervene in the document, (2) falsified document is in his official custody document: (1) written statement that establishes rights or extinguishes obligations, (2) fact may be proven or affirmed, (3) legal efficacy falsification may include alteration or


172

FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS

This crime consists of other falsifications committed by persons other than what is enumerated in the previous article.

a person, (4) untruthful statements in a narration of facts, (5) altering true dates, (6) alteration or intercalation in a genuine document, (7) issuing an authenticated form where no original exists, (8) intercalating any instrument or note 4. if an ecclesiastical minister, falsification must affect civil status of persons Elements of Art. 172 (1): 1. offender is a private individual or a public officer who did not take advantage of his position 2. acts of falsification under Art. 171 were done 3. public, official or commercial document was falsified Elements of Art. 172 (2): 1. offender committed any acts of falsification, EXCEPT those in Art. 171 (7) 2. committed in a private document


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24

intercalation documents may be simulated or fabricated counterfeiting: (1) intent to emulate, (2) 2 samples resemble to each other imitating/feigning: to give false appearance

kinds of documents: (1) public – created, executed or issued by a public official in the exigencies of public service, (2) official – issued by a public official in the exercise of the functions of his office, (3) private – deed/instrument executed by a private person w/o intervention by a notary public, (4) commercial – defined/regulated by the Code of Commerce


3.

caused damage/intended to cause damage

Elements of Use of Falsified Documents, Art. 172 (2): in a JUDICIAL proceeding 1. knowledge of falsification 2. false document is embraced in Art. 171 3. introduction in a judicial proceeding Elements of Use of Falsified Documents, Art. 172 (2): in any other transaction 1. knowledge of falsification 2. false document is embraced in Art. 171 3. use of document 4. caused damage/intent to cause damage

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25

(ie. letters of exchange/credit, quedans, cash files, deposit slips, surety accounts, air way bills) public writings under the Rules of Court: (1) written official acts/records of the Philippines and a foreign country, (2) documents acknowledged before a notary public, (3) public records in the Philippines blank forms of official documents are NOT documents possessor of a falsified certificate of title presumed to be the author of said falsification lack of malice/criminal intent a valid defense in Art. 172 (2), damage need not be material jurisdiction lies where falsification occurred falsification may be


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173

FALSIFICATION OF WIRELESS TELEGRAPH AND TELEPHONE MESSAGES


This crime consists of uttering fictitious messages, falsifying messages and using such false messages.

Art. 173 (1): uttering/falsifying messages 1. offender is an officer/employee of the Government or a private corporation engaged in the sending of messages 2. offender commits any of the acts: uttering or falsifying

26

complexed with other crimes NO complex crime of estafa through falsification of private document falsification may happen through reckless imprudence NO attempted or frustrated falsification user is presumed to be the author of falsification when (1) use was closely connected with the falsification, (2) user had capacity in falsifying the document


174

FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE

This crime consists of the falsification of the named class of documents.

175

USING FALSE CERTIFICATES

This crime consists of the use of the said falsified documents enumerated in Art. 174.

176

177

MANUFACTURING AND POSSESSION OF INSTRUMENTS FOR FALSIFICATION

This crime consists of making/introducing into the Philippines of instruments for falsification and possessing with intent to use such instruments.

USURPATION OF AUTHORITY

This crime consists of false representation or performing acts under the pretense of an official position.

Art. 173 (2): use of falsified messages 1. knowledge of falsification 2. use of such falsified dispatch 3. prejudice to a third party or intent to cause such prejudice 1. offender does any of the acts in the definition

1. 2. 3. 1.

issuance of a false certificate offender knew of such falsity use of such offender does any of the acts in the definition

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1.


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27

persons liable: (1) physician or surgeon, (2) public officer, (3) private individual

implements confiscated need NOT form a complete set Art. 164, 176 punish constructive possession representation must be positive, express and explicit false representation may be shown by acts Art. 177 may be violated by a public officer


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178

179

USE OF FICTITIOUS NAME

ILLEGAL USE OF UNIFORMS OR INSIGNIAS


This crime consists of employing a false name.

This crime consists of public, improper employment of uniforms and insignias.

Elements (Using Fictitious Name): 1. offender uses another name 2. public use 3. purpose: (1) conceal crime, (2) evade execution of a judgment, (3) cause damage to public interest Elements (Concealing True Name): 1. offender conceals his (1) true name and (2) all other personal circumstances 2. purpose to conceal one’s identity 1. offender uses uniform or insignia 2. such pertains to office not held by the offender 3. use in a public, improper manner

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Art. 177 may also be violated by usurping the authority of a foreign public official act performed must pertain to the (1) Government, (2) PIA, (3) public officer fictitious name: any other name a person publicly applies to himself without authority of law damage must be done to the public interest

exact imitation of the dress is unnecessary


180

FALSE TESTIMONY AGAINST A DEFENDANT

This crime is a type of perjury in a criminal proceeding.

1. 2.

criminal proceeding false testimony under oath 3. knowledge of falsehood 4. defendant was acquitted or convicted by final judgment

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181

FALSE TESTIMONY FAVORABLE TO A DEFENDANT

This crime is a type of perjury in a criminal proceeding.

cf. elements of Art. 180, RPC except #4

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182

FALSE TESTIMONY IN CIVIL CASES

This crime is a type of perjury in a civil proceeding.

1. 2. 3. 4. 5.

183

PERJURY

This crime consists of either falsely testifying under oath or making a false affidavit.

1. 2. 3.


civil case testimony relates issues false testimony given knowledge of falsity malice in testimony

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to

statement under oath/affidavit made before a competent office willful/deliberate

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29

penalty depends upon the sentence of the defendant defendant must be sentenced at least to (1) a correctional penalty, (2) fine, or (3) must be acquitted witness is liable even if his testimony is not considered by court conviction/acquittal of defendant is NOT necessary defendant who testified in his own behalf covered by this Article spontaneous rectification is NOT false testimony Art. 182 NOT applicable in special proceedings penalty depends on the amount of the controversy oath: an attestation that a person signifies that he is bound by conscience to do an act truthfully


4.

falsehood sworn statement required by law

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is 

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184

OFFERING FALSE TESTIMONY IN EVIDENCE

This crime consists of introducing false evidence in a judicial or official proceeding

185

MACHINATIONS IN PUBLIC AUCTIONS

This crime consists of soliciting any gift or promise as a consideration from staying away from a bidding, or causing bidders to stay away.


offer of a false witness/testimony 2. knowledge of falsehood 3. made in a judicial/official proceeding Soliciting Gift/Promise: 1. public auction 2. soliciting gift/promise 3. consideration to refrain from taking part 4. accused had intent to cause reduction of price

30

affidavit: sworn statement in writing material matter: main fact of the subject of inquiry on facts: (1) material – directed to prove a fact, (2) relevant – establishes probability or improbability of event, (3) pertinent – concerns collateral matters good faith or lack of malice a valid defense subornation of perjury: knowing/willing procurement of a perjurious witness

1.



consummated by mere solicitation


186

MONOPOLIES OR COMBINATIONS IN RESTRAINT OF TRADE

This crime involves acts that restrain free market competition.

Cause Bidders to Stay Away: 1. public auction 2. attempt to cause bidders to stay away 3. threats, gifts, promises, other artifice 4. intent to cause reduction of price 1. offender does any of the prohibited acts in Art. 186: (1) combinations, (2) monopolies, (3) conspiracy with other persons or firms

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187

FALSELY MARKED ARTICLES MADE OF GOLD, ETC.

This crime involves trade in tampered/adulterated commodities like gold, etc.

1. 2.

3.

importation, sale or disposal stamps, brands or marks fail to indicate actual fineness knowledge of offender

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31

property seized are forfeited in favor of the Government mere conspiracy or combination is punished by the law when offense is committed by a corporation or association, the president and directors and managers are liable articles involved: (1) gold, (2) silver, (3) other precious metals, (4) alloys of 1-3 selling misbranded articles is NOT necessary manufacturer who alters such marks is liable under Art. 315 (2)(b) – estafa


188-189

UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADE NAME

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TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS This Title is REPEALED by RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. Acts Punished Under RA 9165: 1. pushing 2. maintaining a drug den 3. manufacturing 4. possession When Maximum Penalty is Imposed: 1. within 100m of a school 2. using minors/incapacitated individuals for pushing, etc. 3. victim is a minor 4. proximate cause of death 5. financial/protector/coddler


5. 6. 7.

use cultivation of plants unlawful/unnecessary prescription

32

Art. 188-189 are repealed by the Intellectual Property code of the Philippines (RA 8293) elements of unfair competition: (1) confusing similarity, (2) intent to deceive the public and defraud the competitor evidence of actual fraudulent intent NOT necessary


33

Notes on RA 9165: Probation Law is NOT applicable for drug traffickers/users Being under the influence o f dangerous drugs is a qualifying aggravating circumstance Attempt/conspiracy shall be penalized by the same penalty for commission A public official who misappropriates drugs, plants evidence : maximum penalty (RP) Voluntary submission may result in EXEMPTION from criminal liability     

TITLE VI: CRIMES AGAINST PUBLIC MORALS This Title punishes acts that are detrimental to the collective standard of decency and morality. ARTICLE 195-199

FELONY FELONIES RELATED TO GAMBLING

DEFINITION

200

GRAVE SCANDAL

Grave scandal involves an act or acts that disturb the moral sensibilities of the general public (eg. streaking, exhibitionism, voyeurism).

ELEMENTS 

1. 2. 3. 4.

201

IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS

This crime involve the following acts: (1) expounding doctrines contrary to public morals, (2) authoring/publishing indecent or immoral shows, (3) selling, giving away or exhibiting immoral materials.

1.

offender performs an act or acts highly scandalous NOT falling within other RPC articles commission in a public place offender does any of the acts in the definition

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NOTES These Articles are repealed by PD 1602 (Prescribing Penalties in Illegal Gambling)

acts must cause public scandal to the persons witnessing them if acts are performed in a private house and seen by one person, the crime is NOT committed publicity is essential morality: conformity with the generally acceptable standards of goodness author of obscene literature is liable ONLY when it is published with his knowledge test of obscenity: tendency to deprave or corrupt those


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202

VAGRANCY AND PROSTITUTION

Vagrants are idle persons who are able but without work. Prostitutes are women who habitually engage in sex for money or profit.

1.

offender must fall into the definition of being a vagrant or a prostitute

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34

whose minds are open to suggestion mere nudity in pictures and painting is NOT obscenity mere possession of obscene materials is NOT punishable give away = distribute pictures with slight obscenity and used for commercial purposes are liable under Art. 201 using a child for obscene purposes is liable under RA 7610 mendicancy and abetting mendicancy are punished by PD 1563 RA 9208 punishes trafficking in persons

PD 1602 (Prescribing Stiffer Penalties in Illegal Gambling) GAMBLING: any game or scheme, whether upon chance or skills, wherein wagers are made consisting of money, articles of value or representative of value RA 9287 increased the penalties for illegal number games Spectators are NOT liable in gambling Guessing competition constitutes lottery There is NO lottery where there is full value of money (e g. buying softdrinks with specially-marked caps) Requisites of knowingly permitting gambling: (1) gambling was carried on in an inhabited or inhabited place, (2) such place is owned or controlled by the offender, (3) offender permitted the game The proof that the game will take place is NOT necess ary 

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35

RA 9208 (Anti-Trafficking in Persons Act of 2003) Trafficking in persons: recruitment, transportation, transfer or harbouring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders Some acts of trafficking: (1) recruiting for the pretense of employment for the purposes of prostitution, etc., (2) mail-order brides, (3) offers of marriage for engagement in prostitution, etc., (4) tours for prostitution, etc., (5) hiring for prostitution or pornography, (6) adoption for prostitution, pornography, etc., (7) organ sale, (8) hiring of child soldiers Qualified trafficking: (1) trafficking children, (2) trafficking is effected through adoption, (3) done by syndicates [3 or more persons], (4) offender is an ascendant, parent, sibling, guardian or a person exercising authority over the trafficked person, (5) member of the military or law enforcement, (6) party dies, becomes insane, suffers mutilation or is afflicted with HIV 

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TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS This Title punishes acts that are detrimental to the spirit of public trust embodied by a public office.

WHO IS A PUBLIC OFFICER? (Art. 203, RPC) 1. performing public functions in Government OR performing public duties as an employee, agent or subordinate official 2. authority must be derived from: a. direct provision of law b. popular election c. appointment by competent authority MALFEASANCE: improper performance of some act MISFEASANCE: performance of some act that must NOT be done NONFEASANCE: omission of some act that must be pe rformed ARTICLE 204

FELONY KNOWINGLY RENDERING UNJUST JUDGMENT

DEFINITION This crime involves judges who pronounce judgments contrary to law and/or not supported by evidence.

1. 2. 3. 4.

ELEMENTS offender is a judge rendering of a judgment unjust judgment knowledge of unjust judgment

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NOTES bad faith as the ground of liability evidence of unjust judgment must be presented does NOT apply to members of a


205

JUDGMENT RENDERED THROUGH NEGLIGENCE

This crime involves judges who pronounce judgments out of inexcusable negligence or ignorance.

1. 2. 3. 4.

206

UNJUST INTERLOCUTORY ORDER

This crime involves judges who pronounce orders at the commencement of a suit in a manifestly unfair manner.

1. 2.

207

MALICIOUS DELAY IN THE ADMINISTRATION OF JUSTICE

This crime involves hindering the administration of justice due to the bad faith of a judge.

1. 2. 3. 4.

208

PROSECUTION OF OFFENSES: NEGLIGENCE AND TOLERANCE

This crime involves dereliction of duty on the part of public officers who prosecute violators of the law.

1. 2.

3.


offender is a judge rendering of a judgment manifestly unjust judgment inexcusable negligence or ignorance offender is a judge performance of any of these acts: (a) knowingly rendering unjust interlocutory order or decree, (b) renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance offender is a judge court proceeding delay in the administration of justice underlying malice in the delay public officer who prosecutes offenses NO prosecution even if he has knowledge of the offense malice and deliberate intent

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collegiate court abuse of discretion or mere error of judgment is NOT punishable under Art. 206 interlocutory order: decree issued by the court at the end of suit to decide some matters which are NOT part of the final decision of the court

crime committed by the violator must be proven first before conviction for dereliction NOT applicable to revenue officers


209

BETRAYAL OF TRUST BY AN ATTORNEY

210

DIRECT BRIBERY

This crime involves attorneys who through malicious breach of duty or negligence/ignorance, reveals the client’s secrets or undertakes the defense of another client. This crime involves public officers who accept offers, promises, gifts or presents in order to commit a crime, an act/omission detrimental to the public service.

1. 2.

offender is a lawyer offender does any of the acts in the definition

1. 2.

public officer accepts an offer/promise or receives gifts/presents such is accepted to: (1) commit crime, (2) in consideration of an act which do NOT constitute a crime, (3) refrain from doing his official duty act is in connection with official duties

3.

4.

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211

INDIRECT BRIBERY


This crime is similar to direct bribery but does NOT require an

1. 2.

public officer accepts gifts

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37

Art. 210 is applicable to assessors, arbitrators, appraisal and claim commissioners, and experts gifts may be received personally or through intermediaries gifts may either be voluntarily offered or solicited accepted offer or promise is sufficient for prosecution gift or present must have pecuniary value bribed public officer who does a crime shall suffer the penalty for such crime if it has been committed direct bribery involves moral turpitude NO attempted or frustrated indirect


211-A

QUALIFIED BRIBERY

act/omission to be done by the public officer.

3.

This crime involves receiving any offer, promise, gift or present in consideration for NOT prosecuting a crime punishable by RP or higher.

1.



2.

3. 212

CORRUPTION OF PUBLIC OFFICIALS

This crime involves persons who corrupt public officials through offers, promises, gifts or presents.

1.

2.

213

FRAUDS AGAINST THE PUBLIC TREASURY


This crime involves schemes used to steal money from the public treasury such as illegal exactions.

by reason of his office

public officer entrusted with law enforcement refraining from arresting or prosecuting an offender with a crime punishable by RP or higher in consideration of any promise, gift or present offender makes offers or promises or gives gifts or presents to a public officer circumstances that will make the public officer liable for direct or indirect bribery

Frauds Against Public Treasury: 1. public officer 2. taking advantage of his office 3. agreement with regard to (1) furnishing supplies, (2) making of contracts, (3) adjustment or settlement of accounts related to public property or funds

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38

bribery PD 46 penalizes giftgiving to public officials for any occasion

PD 749 grants immunity to bribegivers in order to help prosecute corrupt officials

public officer must act in his official capacity merely entering into agreement or demand already consummates the crime when deceit is present in demanding greater fees, the crime is ESTAFA


4.

intent to defraud Government

39

the

Illegal Exactions: 1. public officer entrusted with collection 2. does the following acts or omissions: (1) demanding sums different from or larger than those authorized, (2) failing voluntarily to issue a receipt, (3) collecting or receiving different things from that is required by law

214

OTHER FRAUDS

This crime covers other frauds committed by public officers.

1. 2. 3.

215

PROHIBITED TRANSACTIONS

This crime covers transactions where conflict of interest exists.

1. 2.

3. CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

public officer takes advantage of position commission of any frauds or deceits in Art. 315-318: estafa, other forms of swindling, swindling a minor, and other deceits appointive public officer interest, direct or indirect, in an exchange or speculating transaction transaction takes place



transactions of exchange or speculation include buying and selling stocks, commodities,


4.

within his jurisdiction during his incumbency

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

216

POSSESSION OF PROHIBITED INTEREST

The concept of this crime is similar to the previous Article. The following may be liable under this Article: 1. 2. 3.

217

MALVERSATION


1.

offender must belong to the specific class of persons in the definition and must be involved in a transaction

1. 2.

public officer custody or control of funds or property accountability for those funds or property appropriating, taking, misappropriating, consenting the taking of such funds or property



public officers experts, arbitrators and private accountants guardians and executors

This crime involves embezzlement of public funds or property. It punishes certain acts: (1) appropriating public funds or property, (2) taking or misappropriating such, (3) consenting, through abandonment or negligence, permitting any person to take such

3. 4.

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40

land, etc. purchasing stocks and shares for investment is NOT a violation purchasing securities for resale becomes a violation the 1987 Constitution prescribes restrictions on employment/ practice of profession by certain public officers (Sec. 14, Art. VI: members of legislature; Sec. 13, Art. VII: President, Vice-President, cabinet secretaries, assistants and deputies; Sec. 2, Art. IX-A: member of a Constitutional Commission) nature of duties of the public officer controlling in this crime funds or property must be received in official capacity private individuals complicit with public officers are also liable


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218

FAILURE TO RENDER ACCOUNTS


This crime involves an omission on the part of a public officer to account for funds entrusted to him.

1. 2. 3.

public officer accountable for public funds or property requirement to render

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41

for malversation Government funds include revenue and trust funds standard of prudence by a reasonable person is the test determining negligence lack of criminal intent or good faith is a valid defense presumption of malversation for failure to return public funds upon demand presumption of malversation is rebuttable return of funds malversed may be a mitigating circumstance demand NOT necessary in malversation damage to the Government NOT necessary demand for accounting NOT necessary misappropriation NOT


4. 219

220

FAILURE TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY

ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY

This crime is similar to the previous Article, except for the circumstance of leaving the country.

1. 2.

This crime involves using public funds or property other than its appropriated usage.

1. 2.

3.

3. 4.

221

FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

This crime involves failure to make payment or refusing to make delivery, when such acts are required by the offender’s office.

1.

2. 3.

223

CONNIVING WITH OR CONSENTING TO EVASION

This crime involves conspiring with prisoners in their escape or evasion of service.

1. 2. 3. 4.

accounts failure to render within 2 months public officer accountable for public funds or property unlawful departure from the Philippines without certification of rendering accounts public officer public fund or property under his administration such is appropriated by law or ordinance application to a public use other than its appropriation public officer having Government funds in his possession under obligation to make payment malicious failure to make payment public officer custody of prisoner escape of prisoner connivance with prisoner

necessary

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42

act of leaving the country must be unauthorized or NOT permitted by law

NO technical malversation in the absence of law or ordinance

prisoners may be in detention or serving a sentence by final judgment leniency or laxity is NOT infidelity relaxation of


imprisonment considered infidelity 224

EVASION THROUGH NEGLIGENCE

This crime is similar to the previous Article, but such evasion took place via negligence.

1. 2.

3. 225

226

ESCAPE OF PRISONER UNDER CUSTODY OF THIRD PERSON

REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS

This crime is similar to the previous Article, but the offender is a private person.

This crime involves infidelity in the custody of documents.

1. 2.

3. 4. 1. 2.

3.

4.

public officer charged with the conveyance or custody of a prisoner such prisoner escapes through negligence private person charged with the conveyance or custody of a prisoner such prisoner escapes consent/negligence public officer abstracts, destroys, conceals documents or papers such documents or papers are entrusted to the offender by virtue of his office damage to a third party or the public interest

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43

is as

escaped prisoner may have liability under Art. 157, RPC

such officer must be officially entrusted with the documents or papers document must be complete and one by which a right could be established or an obligation could be extinguished books, periodicals and pamphlets are NOT documents act of retaining mail and not sending it to its destination is liable under Art. 226


227

OFFICER BREAKING SEAL

This crime involves opening seals in documents entrusted to a public officer.

228

OPENING OF CLOSED DOCUMENTS

This crime has a similar concept to the previous Article.

229

REVELATION OF SECRETS

This crime involves the disclosure of secrets known by a public officer due to his official capacity.

1. 2.

public officer charged with custody of papers or property 3. such papers or property are sealed by proper authority 4. breaking the seals, or permitting their breaking 1. public officer 2. charged with custody of closed papers or property 3. opening or permitting to be opened such closed papers or property 4. without proper authority Revelation of Secrets: 1. public officer 2. a secret known due to his official capacity 3. revealing secret without authority or justifiable reasons 4. damage to the public interest Revealing Secrets by Wrongfully Delivering Papers: 1. public officer 2. in charge of papers 3. papers must NOT be published


44

`

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custody: guarding or keeping safe damage or intent to cause damage NOT an element of the offense

acts of espionage are NOT included in this Article secrets of private persons NOT included papers must contain secrets; otherwise, the crime is infidelity in the custody of documents


4. 5. 6. 230

REVEALING SECRETS OF PRIVATE INDIVIDUALS

This crime is similar to the previous Article.

1. 2.

3.

231

OPEN DISOBEDIENCE

This crime involves the refusal to execute a lawful order of a superior.

1. 2.

3.

4.

232

DISOBEDIENCE TO ORDER OF SUPERIOR

This crime involves the suspension of the lawful order of a superior.

1. 2. 3. 4. 5.


delivery to a third person wrongful delivery damage to the public interest public officer knowledge of the secrets of a private person by reason of his office revealing such secrets without authority or justifiable reason public officer judgment, decision or order by superior authority such judgment, decision or order is within jurisdiction of the superior and is lawful offender openly refuses to execute such without legal justification public officer order was issued by a superior suspension of execution of such order superior disapproves the suspension of execution offender disobeys the superior despite disapproval of the





damage to persons necessary

45

private NOT

does NOT apply to illegal, unlawful orders


233

234

235

REFUSAL OF ASSISTANCE

REFUSAL TO DISCHARGE ELECTIVE OFFICE

MALTREATMENT OF PRISONERS

This crime involves a public officer’s malicious lack of cooperation to the administration of justice or some other public service. This crime involves elected officials who maliciously fail to discharge their offices.

This crime involves mishandling prisoners, performing excessive correction on them or inflicting cruel and humiliating punishment on them.

1. 2. 3. 1. 2.

3. 1. 2. 3.

suspension public officer demand from competent authority malicious failure to cooperate offender is elected by popular election refusal to be sworn in or to discharge the duties of his office no legal motive public officer in charge of a prisoner or a detention prisoner maltreatment in the following manner: (a) overdoing correction by: (1) imposition unauthorized punishments,

of

(2) imposition of cruel and humiliating punishments;

236

ANTICIPATION OF DUTIES


This crime involves assumption of duties before swearing in.

1.

(b) maltreating in order to exact a confession offender is entitled to hold a public office either

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46

damage to public interest is essential in this felony

NOT applicable appointive officers

to

Art. 235 contemplates ACTUAL charge of the prisoner offender may also be liable for physical injuries or damage caused


2. 3. 4. 237

PROLONGING PERFORMANCE OF DUTIES

This crime involves continuing to exercise an office beyond the period prescribed by law, regulations or special provisions.

1. 2. 3.

238

ABANDONMENT OF OFFICE

This crime involves leaving an office before the acceptance of one’s resignation.

1. 2. 3. 4.


by election or appointment requirement of swearing in or payment of bond assumption of office non-compliance with the requirement offender holds a public office period for holding such office has already expired offender continues to exercise the duties and powers of the office public officer formal resignation from his position resignation has NOT been accepted abandoning office to the detriment of the public service

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a public officer who has been suspended, separated, overaged or dismissed cannot perform the duties of his office a written or formal resignation is necessary the offense is qualified in the crimes of (1) treason, (2) conspiracy and proposal to commit treason, (3) misprision of treason, (4) espionage, (5) inciting to war or giving motives for reprisal, (6) violation of neutrality, (7) correspondence with hostile country, (8) flight to enemy country, (9) piracy and


48

mutiny, (10) rebellion, (11) coup d’ etat, (12) conspiracy and proposal to commit coup d’ etat or rebellion, (13) disloyalty of public officers, (14) inciting to rebellion, (15) sedition, (16) conspiracy to commit sedition, (17) inciting to sedition 239

USURPATION OF LEGISLATIVE POWERS

This crime involves executive or judicial officers who appropriate powers of legislature.

1. 2.

240

USURPATION OF EXECUTIVE FUNCTIONS

This crime involves judges who appropriate executive powers.

1. 2.

241

USURPATION OF JUDICIAL FUNCTIONS

This crime involves executive officers who appropriate judicial powers.

1.


2.

offender is an executive or judicial officer he (1) makes general rules and regulations beyond his scope of authority, (2) attempts to repeal a law, (3) suspends the execution thereof offender is a judge he (1) assumes a power pertaining to the executive authorities, (2) obstructs the executive authorities in their lawful exercise of powers offender is an executive officer he (1) assumes judicial powers, (2) obstructs the execution of any order or

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legislative officers are NOT liable for usurpation of powers

legislative officers are NOT liable for usurpation of powers


242

DISOBEYING REQUEST FOR DISQUALIFICATION

This crime involves public officer who continues a proceeding even after he is disqualified by competent authority.

1. 2. 3.

4.

5. 243

ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

This crime involves an executive officer who addresses judicial authority in relation to a case.

1. 2.

3.

244

UNLAWFUL APPOINTMENTS

This crime involves public officers who knowingly name unqualified persons to appointive office.

1. 2.

3. 4. 245

ABUSES AGAINST CHASTITY


This crime involves public officers who (1) solicits or makes immoral/indecent advances to a

1. 2.

decision rendered by any judge public officer pending proceeding before such public officer question of the proceeding is not yet decided lawfully required to refrain from continuing such proceeding he continues such proceeding offender is an executive officer addressing any order or suggestion to a judicial authority order or suggestion refers to a case brought to a judicial authority public officer nomination or appointment of a person to public office person lacks legal qualification knowledge of the lack of legal qualification public officer solicitation of or making immoral/indecent

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recommending a person does NOT equate to nominating or appointing him

mother of the person in custody is NOT included in the


woman interested in matters before the former, (2) solicits or makes immoral/indecent advances to a woman under the former’s custody, (3) solicits or makes immoral/indecent advances to the wife, daughter, sister or relatives of the person in custody of the former.

3.

advances to a woman such woman has the characteristics in the definition

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definition “soliciting” means an earnest and persistent proposal consummated by mere proposal proof of solicitation is NOT necessary when there is sexual intercourse

RA 3019 (Anti-Graft and Corrupt Practices Act) Sec. 3: Corrupt Practices a. persuade another, or allow oneself to be persuaded to violate rules b. request or receive gift for transaction in which he intervenes c. request or receive gifts for license d. accept employment related with official business during, and until 1 year after termination e. cause undue injury or give unwarranted benefit through manifest inexcusable negligence f. neglect/refusal to act to obtain benefit, cause prejudice or grant favour g. enter into grossly disadvantageous contract, whether or not for profit h. have prohibited financial interest requiring approval of the board where he is a member, even if he votes against it or does not participate i. approve license for unqualified person j. divulge confidential information RA 7080 (Anti-Plunder Law) amass, accumulate, acquire by himself or with others ill-gotten wealth worth Php 50M or more through a series (3 successive acts) or a combination (2 or more acts) predicate crimes o malversation     



o o o o

51

bribery fraudulent conveyance of public property establishing monopolies taking advantage of public office

TITLE VIII: CRIMES AGAINST PERSONS This Title punishes acts that produce harm to the life and bodily integrity of persons. ARTICLE 246

FELONY PARRICIDE

DEFINITION In parricide, the offender kills one of his family.

1. 2. 3.

ELEMENTS a person is killed deceased killed the accused deceased is the father, mother, child (legitimate or illegitimate), ascendant/descendant (legitimate) or spouse

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247

DEATH OR PHYSICAL INJURIES INFLICTED IN EXCEPTIONAL CIRCUMSTANCES


This involves killing under very definite circumstances, such as a (1) man killing his wife and/or paramour caught in the act of

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NOTES the relationship of the offender with the victim is the essential element of parricide the child should NOT be less than 3 years old the spouse must be legitimate relationship must be alleged parricide may be committed by reckless imprudence parricide may be committed by mistake a stranger cooperating in parricide is liable for murder or homicide

Art. 247 does NOT define and penalize a felony the accused must be a


intercourse with another, or (2) a parent who kills his daughter and/or seducer in the act of intercourse.

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248

MURDER

Murder is the unlawful killing of any person which is NOT parricide or infanticide, provided that any of these circumstances are present: (cf. Art. 14, RPC)

1. 2. 3.

4. 1. 2. 3.


treachery in consideration of a price, reward or promise by means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment of a locomotive, fall of an

a person was killed accused killed him killing was attended by any of the qualifying circumstances in Art. 248 killing is NOT parricide or infanticide

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legally married the wife is entitled to the benefits of Art. 247 applicable ONLY when the accused sees his spouse/daughter in the act of sexual intercourse NO criminal liability for inflicting less serious/light physical injuries NOT applicable to person who consented to the infidelity of the spouse destierro NOT intended as a penalty murder will exist with only one of the circumstances present when other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating any of the qualifying circumstances must be alleged in the information


4. 5. 6.

airship, by means of motor vehicles, or any other artifice involving great waste or ruin, occasion of a calamity evident premeditation cruelty, or outraging or scoffing at his person or corpse

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249

HOMICIDE

Homicide is the unlawful killing of any person, which is neither parricide, murder nor infanticide.

1. 2.


a person was killed accused killed him without any justifying circumstance accused had intention to kill

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53

killing a child of tender years is murder treachery and premeditation are inherent in murder by poison treachery is employing means, methods and forms of attack to insure impunity cruelty is present when other injuries are inflicted deliberately by the offender which are NOT necessary for killing him evident premeditation is present when (1) the offender was determined to kill the victim, (2) clung to his determination, and (3) a sufficient lapse of time between the determination and execution of the killing RP becomes the penalty for killing a victim < 12 years old intent to kill is conclusively presumed when death result


4.

killing was NOT attended by any of the qualifying circumstances of murder, infanticide or parricide

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251

DEATH CAUSED BY A TUMULTUOUS AFFRAY

This crime involves killing a person as a result of an assault/attack participated by several persons, such as brawls and free-for-alls.

1. 2.

3. 4. 5.


several persons they did NOT compose groups organized for a common purpose of assaulting or attacking each other quarrel in a tumultuous and confused manner someone was killed cannot be ascertained who actually killed the deceased

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evidence of intent is important only in attempted or frustrated homicide the killing must NOT be justified (cf. Art. 11, RPC) use of an unlicensed firearm is an aggravating circumstance in homicide in all crimes against persons where the victim’s death is an element of the offense, there must be evidence of (1) fact of death, and (2) identity of the victim tumultuous affray exists when at least 4 persons took part NO tumultuous affray when there are 2 identified groups of men


6.

252

PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY

This crime has the same concept as the previous Article, but only has physical injuries as a result.

1. 2.

3. 4.

253

GIVING ASSISTANCE TO SUICIDE

254

DISCHARGE OF FIREARMS

This crime involves acts such as (1) helping another to commit suicide, whether consummated or not, or (2) lending assistance to the extent of doing the killing. This crime involves shooting a person without any intent to kill or injure.

1.

1.

2.

persons who inflicted serious physical injuries or used violence can be identified tumultuous affray participant/s suffered serious/less serious physical injuries person responsible cannot be identified those who have used violence against the offended party are known offender does any of the acts in the definition

offender discharges a firearm against or at another person offender has NO intention to kill that person

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55

penalty is one degree lower than that for the physical injury inflicted

a person who attempts to commit suicide is NOT criminally liable

discharge towards the house of the victim is NOT illegal discharge of firearm discharge of firearms may be complexed with serious or less serious physical injuries if the offender initially aimed the firearm at the offended party, the crime is still discharge of firearms even if the


56

gun was not pointed at the latter when it was fired 255

INFANTICIDE

This crime involves the killing of a child 3 days or younger.

1. 2. 3.

a child was killed deceased child was 3 days of age or younger accused killed the said child

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256

INTENTIONAL ABORTION


This involves killing a fetus from a mother’s womb through violence or other means.

Unintentional Abortion: 1. a pregnant woman 2. violence was used upon a pregnant woman without

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the penalty for infanticide must be taken from murder or parricide, depending on the circumstances of the case concealing dishonor is NOT an element of infanticide only the mother and maternal grandparents of the child are entitled to the mitigating circumstance of concealing dishonor a mother who claims concealing dishonor must be of good reputation there is NO crime of infanticide where the child was born dead, or could not sustain an independent life when killed abortion: willful killing of the fetus, or its violent expulsion resulting to its death


3. 4.

257

UNINTENTIONAL ABORTION

258

ABORTION BY THE WOMAN HERSELF

259

ABORTION BY A PHYSICIAN


This crime is similar to the previous Article, but the expulsion of the fetus must not be intended by the offender. This is an abortion inflicted by the pregnant woman herself.

This is an abortion inflicted by physicians and other medical professionals.

intending an abortion violence was intentionally exerted the fetus dies as a result of the violence

Intentional Abortion: 1. a pregnant woman 2. violence is exerted, or drugs or beverages administered 3. fetus dies as a result 4. abortion is intended cf. Art. 256 (1), RPC

1.

pregnant woman suffered an abortion 2. abortion is intended 3. abortion is caused by: (1) pregnant woman herself, (2) any other person, with her consent, (3) any of her parents, with her consent for the purpose of concealing her dishonor Physician/Midwife: 1. pregnant woman suffered an abortion 2. abortion is intended 3. offender, who is a physician or midwife, causes/assists

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unintentional abortion may be committed through imprudence unintentional homicide may be complexed with homicide fetus may be over or less than 6 months old

unintentional abortion may be complexed with parricide liability of the pregnant woman is mitigated when the purpose is to conceal dishonor (NO mitigation for the woman’s parents for the same purpose)


in the abortion offenders took advantage of their scientific knowledge

4.

260

DUEL

261

CHALLENGING TO A DUEL

262

MUTILATION


This crime involves formal or regular combat previously concerted between 2 parties. The acts punished in this crime are: (1) killing one’s adversary, (2) inflicting physical injuries, (3) taking part in combat. The acts punished in this crime are: (1) challenging another to a duel, (2) inciting another to give or accept a challenge for a duel, or (3) scoffing at or decrying another for having refused to accept a challenge to fight at a duel. This crime involves lopping off or clipping off of some part of the body (eg. legs, arms). There are two kinds: (1) intentionally depriving one of a reproductive organ or (2) any other organ/part of the body.

58

Pharmacist: 1. offender is a pharmacist 2. NO proper prescription from a physician 3. offender dispenses any abortive 1. offender does the act described in the definition

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1. offender does any the acts described in the definition

1. 2.

mutilation occurred deliberate and purposeful manner

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duel: formal or regular combat previously concerted between 2 parties persons liable are the (1) combatants and the (2) seconds persons liable are the (1) challenger and (2) instigators

RP as the penalty when the victim is under 12 years old


263

SERIOUS PHYSICAL INJURIES

This crime involves wounding, beating or assaulting another which results in grave or lifethreatening injuries. It may also be caused by administering injurious substances.

1.

offender commits any of the acts in the definition

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59

serious physical injuries occurs when a person (1) becomes insane, imbecile, impotent or blind, (2) loses use of speech, power to hear or smell, loses an eye, hand, foot, arm or leg, or becomes incapacitated, (3) becomes deformed, loses any other member of his body, loses the use thereof, or becomes ill or incapacitated > 90 days, (4) becomes ill or incapacitated [30 days < number of days < 90 days] NO intent to kill on impotence: victim must NOT be able to procreate loss of BOTH eyes [Art. 263 (1)], loss of ONE eye [Art. 263 (2)] loss of use of hand or incapacity for usual work must be permanent [Art. 263 (2)]


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264

ADMINISTERING INJURIOUS SUBSTANCES

This crime is similar to Art. 263, but it is committed by giving harmful beverages or substances to the victim.

1. 2.

3. 265

LESS SERIOUS PHYSICAL INJURIES


This crime is committed by inflicting injuries that incapacitate the victim for more than 10 days, but less than 30 days.

offender inflicted serious physical injury knowingly administering any injurious substances or beverages NO intent to kill

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on deformity: physical ugliness, permanent, definite, conspicuous and visible abnormality must result loss of teeth may be considered as a deformity medical attendance is NOT important in serious physical injuries qualified serious physical injuries: attendance of any circumstance inherent in parricide (Art. 246) or murder (Art. 248) frustrated murder occurs when there is intent to kill Art. 264 does NOT apply when less serious or slight physical injuries result medical attendance and incapacity is required in less serious physical injuries less serious physical injuries are qualified


266

SLIGHT PHYSICAL INJURIES

This crime involves injuries that incapacitate the victim for 10 days or less.

266-A

RAPE

Rape is having carnal knowledge of a woman without her consent.

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Elements of Rape, Art. 266-A(1): 1. offender is a man 2. offender had carnal knowledge with a woman 3. act is accomplished under any of the following circumstances: (1) force or intimidation, (2) woman is deprived of reason or unconscious, (3) fraudulent machination or grave abuse of authority, (4) woman is under 12 or demented

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61

when: (1) there is intent to insult or offend the person, or there are circumstances adding ignominy, (2) the victim is a person in authority when there is NO evidence of actual injury = slight physical injuries penetration of the labia is essential to establish rape only one of the circumstances is sufficient to establish rape force employed against rape victim need NOT be irresistible resistance when futile does NOT amount to consent moral ascendancy or influence may substitute for physical force or intimidation rape may be proven by uncorroborated


Elements of Rape, Art. 266-A(2): 1. offender commits an act of sexual assault 2. committed by any of the following means: (1) inserting the penis into the mouth or anus, (2) inserting any instrument or object into the genitals or anus 3. act is accomplished under any of the following circumstances: (1) force or intimidation, (2) woman is deprived of reason or unconscious, (3) fraudulent machination or grave abuse of authority, (4) woman is under 12 or demented


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testimony of a woman penetration of the labia consummates rape NO crime of frustrated rape being a crime of result resignation to consummated act is NOT consent 2 or more offenders who rape a victim will be liable for multiple counts of rape, with one count for every act of sexual intercourse rape is qualified under the following cases: (1) homicide, (2) victim is < 18 and offender is a relative within the 3 rd civil degree, (3) victim is under custody of the police or military authorities, (4) rape is committed in full view of relatives within the 3rd civil degree, (5) victim is a religious, (6) victim is a child < 7 years old, (7) offender knows he has HIV, (8) offender is a member


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of the AFP, PNP, (9) victim has suffered permanent physical mutilation or disability, (10) offender knew of the victim’s pregnancy, (11) offender knew of the victim’s mental disability rape with homicide is a special complex crime marriage extinguishes the penal action (Art. 266-C, RPC)

RA 9262: Anti-Violence Against Women and Children Act of 2004 The Anti-VAWC Act penalizes the following kinds of abuse: 1. physical violence 2. sexual violence 3. psychological violence 4. economic abuse Acts of Violence: 1. causing physical harm to a woman or her child 2. threatening to cause the woman or her child physical harm 3. attempting to cause the woman or her child physical harm 4. placing the woman or her child in fear of imminent physical harm 5. compulsion/restriction of the woman or her child 6. inflicting or threatening to inflict physical harm on oneself for the purpose of co ntrolling a woman’s actions or decisions CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

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7. 8. 9.

64

sexual activity (which does NOT constitute rape) through force, threat, intimidation engaging in purposeful, knowing or reckless conduct that causes substantial distress causing mental and emotional anguish, public ridicule or humiliation

TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY This Title punishes acts that infringe upon the freedom of movement by individuals. ARTICLE 267

FELONY KIDNAPPING AND SERIOUS ILLEGAL DETENTION

DEFINITION Kidnapping involves detaining another person and depriving him of his liberty.

1. 2.

3. 4.

ELEMENTS offender is a private individual offender kidnaps or detains another, or deprives the victim of his liberty act of detention or kidnapping is illegal any of the circumstances is present: (1) kidnapping or detention last > 3 days, (2) simulating public authority, (3) serious physical injuries are inflicted or threats to kill the victim are made, (4) person kidnapped is a minor, female or a public officer

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NOTES if the offender is a public official, crime is arbitrary detention (Art. 124, RPC) ransom: money, price or consideration demanded intention to deprive the victim of his liberty for extorting ransom is essential in kidnapping actual demand for ransom NOT necessary detention or locking up of the victim is essential restraint need NOT be permanent kidnapping may be complexed with murder maximum penalty is


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268

SLIGHT ILLEGAL DETENTION

Slight illegal detention involves the deprivation of liberty which occurs without the attendance of the circumstances under Art. 267.

1. 2. 3. 4.

269

UNLAWFUL ARREST

Unlawful arrest involves capturing a person and detaining another without reasonable ground.

1. 2.

3.

270

KIDNAPPING AND


This crime involves persons who

offender is a private individual offender kidnaps or detains another act of kidnapping or detention is illegal crime is committed without the attendance of any of the circumstances in Art. 267

offender arrests or detains another person purpose is to deliver said person to the proper authorities arrest or detention is NOT authorized by law or there is NO reasonable ground

1. offender is entrusted with

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imposed when: (1) purpose of kidnapping or detention is to extort ransom, (2) victim is killed or dies, (3) victim is raped, (4) victim is tortured NO complex crime of illegal detention with rape a person who furnished a place for the commission of the crime is liable as an accomplice privileged mitigating circumstances: (1) voluntary release within 3 days, (2) nonattainment of the purpose, (3) liability is mitigated before criminal proceedings offender may be a public official or a private individual NO unlawful arrest if there is a warrant NO period for detention specified for Art. 269 minor is defined as


FAILURE TO RETURN A MINOR

271

INDUCING A MINOR TO ABANDON HIS HOME

are entrusted with the care of a minor and fail to send back the latter to their parents or guardians. This crime involves persons who convince minors to leave their homes.

2.

1. 2.

the custody of a minor deliberate failure to return the minor

minor is living with parents or guardians offender induces minor to abandon such home

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272

SLAVERY

Slavery consists of using a human being for servitude or illegal/immoral traffic.

273

CHILD LABOR

This crime involves using minors for servitude.

274

SERVICES IN PAYMENT OF DEBTS

This crime involves forcing a person into servitude in order to pay his debts.

275

ABANDONMENT

Abandonment consists of not aiding a person in danger or a person who was victimized by


1.

2. 1. 2. 3. 1. 2. 3. 1. 2.

offender purchases, sells, kidnaps or detains a human being purpose to enslave offender retains a minor against the minor’s will pretext of reimbursing debt compulsion of debtor against the debtor’s will purpose to require or enforce payment of debts uninhabited area accused found a person wounded or in danger or

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someone 21 years old and below AM as penalty for mother/father who commits this crime inducement must be actual, with criminal intent and will to cause damage act of inducement constitutes the crime if the minor leaves out of his free will, the offender is NOT criminally liable the minor’s father or mother may be liable under Arts. 270-271 qualifying circumstance: illicit/immoral traffic indebtedness is NOT a ground for detention

Art. 275 is NOT applicable if one intentionally wounded


one’s own act or omission. 3.

276

ABANDONING A MINOR

This crime involves leaving a child helpless when one has his custody.

4. 1. 2. 3. 4.

dying accused can render help without danger to himself failure to render assistance offender has custody of a child child < 7 years of age abandoning such child NO intent to kill the child

another

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277

ABANDONMENT OF A MINOR, INDIFFERENCE OF PARENTS

This crime involves delivering a minor to a public institution or other persons, or neglecting children.

Abandonment: 1. offender has charge of rearing/educating the minor 2. offender delivers minor 3. one entrusted to does NOT have consent Indifference of Parents: 1. offender is a parent 2. neglect of child 3. station in life require such education and the financial condition permits it


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intent to kill cannot be presumed from death of the child permanent, conscious and deliberate abandonment is required in Art. 276 qualifying circumstances: (1) death of the minor results, (2) when life of the minor was threatened as a result minor contemplated in Art. 277 must be < 21 years of age


278

280

EXPLOITATION OF MINORS

TRESPASS TO DWELLING

Exploitation consists of making the child perform dangerous and life-threatening acts, as well as subjecting him to labor, such as (1) performing dangerous feats, (2) employing children in the circus, (3) dangerous exhibitions, ie. contortion, etc., (4) delivering to vagrants or beggars, (5) inducing a child to abandon his home to follow such callings.

1.

Trespass to dwelling involves entering another’s residence without the resident’s consent.

1. 2.

offender makes the child perform any of the acts enumerated in the definition

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offender is a private person offender enters the dwelling of another entrance is against the latter’s will

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qualifying circumstance: consideration of any price, compensation or promise offender shall be deprived of parental authority or guardianship exploitation of minor must refer to act endangering the life and safety of the minor violence or intimidation qualifies the offense dwelling: a building or structure devoted for rest and comfort entrance must be against presumed or express prohibition of the occupant opposition from the resident may be present in trespass to dwelling entering late at night is presumed to be a trespass prohibition is implied


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281

OTHER FORMS OF TRESPASS

This crime involves other acts of entering closed premises or fenced estates.

1. 2. 3. 4.

282

GRAVE THREATS

This crime involves intimidating another person with threats of harm amounting to a crime.

1.

2. 3.


offender enters closed premises or fenced estate uninhabited prohibition to enter is manifest no permission from owner or caretaker threats with the infliction of harm upon one’s person, honor or property (or to his family) without attaining the purpose threat NOT being subject to a condition

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in entrance through a window prohibition must be in existence prior to or at time of entrance trespass may be committed by the owner of the dwelling in relation to entering against the will of an actual occupant if there is NO overt act of the crime committed, crime is only trespass to dwelling

threats are absorbed if they are incidental to another felony threats are declarations of future harm and of imminent quality if purpose was attained, punishment


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283

LIGHT THREATS

This crime involves intimidating another person with threats of harm NOT amounting to a crime.

1.

offender makes a threat to commit a wrong wrong does NOT constitute a crime demand for money or other condition offender attains/does NOT attain his purpose offender does any of the acts enumerated in the definition

2. 3. 4.

285

OTHER LIGHT THREATS

286

GRAVE COERCIONS


This crime consists of other threatening or intimidating behavior, such as (1) drawing a weapon, (2) oral threats in the heat of anger, (3) oral threats NOT constituting a felony Grave coercions involve using violence or intimidation to prevent someone to do

1.

1.

prevention of an act NOT against the law/compulsion to do an

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is 1 degree lower for crime threatened if purpose was NOT attained, punishment is 2 degrees lower for crime threatened qualifying circumstances: threats (1) in writing, (2) through a middleman grave threats are consummated as soon as threats come into the person’s knowledge blackmailing may be punished under Art. 283

threats which are ordinarily grave threats may be other light threats in the heat of anger the act of preventing must be made when the party was doing or


something not prohibited by law or compelling another to do something against his will, whether it be right or wrong.

2. 3.

act, whether right or wrong violence, threats or intimidation NO authority or exercise of a lawful right

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about to do the act if a creditor seized debtor’s property by force, the crime is light coercion NO intimidation by display of force if arms are NOT used a notoriously threatening attitude is sufficient force or violence must be immediate, actual or imminent NO grave coercion when the accused acts in good faith coercion is consummated even if the offended party did NOT accede to the purpose of the coercion PM shall be imposed in the following coercions: (1) violating the right to suffrage, (2) compelling to perform a religious act, (3) compelling to prevent a religious act


287

LIGHT COERCIONS

Light coercions involve a creditor’s forcible seizure of the debtor’s property.

1. 2. 3.

4.

offender must be a creditor offender seizes anything belonging to his debtor seizure by means of violence or display of material force purpose to pay a debt

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288

OTHER SIMILAR COERCIONS

Other similar coercions involve acts such as forcing/compelling one to purchase merchandise or paying wages by means of tokens or objects.

Art. 288 (1): 1. offender is any person, agent, officer of any association or corporation 2. has employed laborers or employees 3. force or compulsion Art. 288 (2) 1. payment through tokens or objects 2. tokens or objects are other than legal tender 3. employee or laborer does NOT expressly request it


72

offender must be a creditor, NOT just a co-owner taking possession through deceit and misrepresentation is unjust vexation NO need for actual physical violence unjust vexation: human conduct that unjustly annoys or vexes an innocent person NO violence or intimidation in unjust vexation


289

FORMATION, MAINTENANCE AND PROHIBITION OF COMBINATION OF CAPITAL OR LABOR

This crime involves acts the prevent persons from putting together capital or labor.

1. 2.

290

DISCOVERING SECRETS THROUGH CORRESPONDENCE

This crime involves the seizure of papers and disclosing the contents thereof.

1.

2. 3. 4.

291

REVEALING SECRETS WITH ABUSE OF OFFICE

This crime consists of disclosing secrets known in one’s official capacity.

1. 2. 3.

292

REVEALING OF INDUSTRIAL SECRETS

This crime consists of disclosing secrets known in business.

1.

2. 3.


violence or threats purpose to organize, maintain or prevent coalitions of capital/labor, strike/lockout private individual or public officer NOT in the exercise of his functions seizure of another’s papers purpose to discover secrets offender is informed of the contents of the papers seized offender is a manager, employee or servant offender learned secrets in such capacity offender reveals such secrets offender is a person in charge, employee or workman offender learned a secret in such industry offender reveals such secrets

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73

seize: to place in control of someone, to give him possession contents must be known to the offender revealing the secret to a third person qualifies the offense

damage is NOT necessary in this article

secrets must relate to manufacturing processes the revelation of the secret might be made after termination or separation with the establishment


74

TITLE X: CRIMES AGAINST PROPERTY This Title punishes acts that endanger the security of property held by individuals. ARTICLE 294

FELONY ROBBERY WITH VIOLENCE OR INTIMIDATION OF PERSONS

DEFINITION Robbery is defined with the taking of another’s personal property, with intent to gain, by means of violence against or intimidation of any person, or using force upon anything.

(Note: Arts. 297-302 define robbery in its different stages of commission OR its different attendant circumstances.)

1. 2. 3. 4.

ELEMENTS personal property belonging to another unlawful taking of such property intent to gain violence against or intimidation of any person or force upon anything

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NOTES prohibited articles may be the subject matter of robbery possession of stolen property is sufficient to constitute robbery taking must be against the owner’s will intent to gain (animus lucrandi) presumed from unlawful taking violence or intimidation must be against the offended party, NOT upon the thing taken intimidation need NOT be the threat of bodily harm violence or intimidation must be present before the taking of the personal property is complete robbery may be complexed with (1) homicide, (2) rape, (3)


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75

intentional mutilation, (4) serious physical injuries taking of personal property need NOT be immediately after the intimidation RA 7659, which amended RA 6539, penalizes carnapping with heavier penalties in order to appreciate robbery as a special complex crime, the other felony (ie. rape) must occur on the occasion or by reason of the robbery homicide contemplated in Art. 294 is generic killing all homicides are merged into one count of robbery with homicide treachery inherent in murder becomes a generic aggravating circumstance (NO such thing as robbery with murder!) in robbery with


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76

homicide, the intent to gain must precede the killing homicide may precede or occur after the robbery robbery with homicide may be committed: (1) to eliminate an obstacle, (2) to remove opposition or to suppress evidence, (3) to defend possession of stolen goods, (4) to escape after the commission of the robbery, (5) to kill corobbers, (6) if death supervened by mere accident ALL who participated as principals in robbery are also liable as principals in robbery with homicide NO crime of robbery with attempted rape additional rapes DO NOT increase the penalty when rape and homicide co-exist in


297

ATTEMPTED AND FRUSTRATED ROBBERY

cf. definition in Art. 296

cf. general elements in Art. 296

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298

EXECUTION OF DEEDS BY VIOLENCE OR INTIMIDATION


1. 2.

3. 299

ROBBERY IN AN INHABITED HOUSE, PUBLIC BUILDING, EDIFICE FOR WORSHIP


1.

2.


intent to defraud another offender compels another to sign, execute or deliver any public instrument or document compulsion via violence or intimidation offender entered (1) an inhabited place, (2) public building, (3) edifice devoted to religious worship entrance was effected by any of the following means: (1) openings not

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77

robbery, rape becomes aggravating penalty is the same for attempted and frustrated robbery with homicide unless qualified by treachery or relationship Art. 294 and 297 (robbery with homicide, attempted/frustrated robbery with homicide) are special complex crimes NOT applicable to void documents

there must be a clear intention to take personal property belonging to another inhabited house: shelter, ship or vessel, dwelling of 1 or more persons


3.

302

ROBBERY IN AN UNINHABITED PLACE


1.

2.


intended for entrance or egress, (2) breaking any wall, roof, floor, door or window, (3) false keys, picklocks, (4) fictitious name or pretending the exercise of public authority offender took personal property with intent to gain offender entered an uninhabited place or building any of the following circumstances are present: (1) openings not intended for entrance or egress, (2) breaking any wall, roof, floor, door or window, (3) false keys, picklocks, (4) door, wardrobe, chest or any sealed or closed furniture was broken, (5) closed/sealed receptacle was removed, even if the same was broken open elsewhere intent to gain personal

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78

public building: building owned, used, rented by the Government any of the 4 means must be used to enter, NOT get out the whole body of the culprit must be inside the building to constitute entering breaking padlock is force upon things higher penalties for taking mail matter or large cattle lower penalty for taking cereals, fruits or firewood (Art. 303, RPC)


304

POSSESSION OF PICKLOCKS

This crime includes unauthorized ownership of picklocks and tools commonly used to break locks.

306

BRIGANDAGE

Brigandage is a crime committed by >3 armed persons who form a band of robbers for the purpose of committing robbery in the highway or kidnapping person for the purpose of extortion.

307

AIDING AND ABETTING BRIGANDS

Aiding and abetting brigands are acts that help or protect such elements.

308

THEFT

Theft is taking personal property of another, with intent to gain, but without violence against or intimidation of persons nor force upon things.


property belonging to another 1. possession of picklocks and similar tools 2. specially adopted for the purpose of robbery 3. NO lawful cause for such possession 1. at least 4 armed persons 2. forming a band of robbers 3. purpose: (1) highway robbery, (2) kidnapping for ransom, (3) other purposes attained by means of force or violence 1. 2.

band of brigands offender knows the band to be brigands 3. any of the following acts: (1) aids, abets or protects them, (2) gives them information of the movements of the police or Government, (3) acquires or receives property taken by such brigands. 1. taking of personal property 2. property belongs to another 3. taking with intent to gain 4. taking without consent 5. taking accomplished

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79

if any member of a group carries an unlicensed firearm, the law presumes brigandage highways include city streets PD 532 penalizes brigandage

theft is consummated when full possession is complete sufficient gain may be derived from


(Note: Arts. 310-311 define theft in its different attendant circumstances.)

without intimidation, things

violence, force upon 

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310

QUALIFIED THEFT

cf. definition in Art. 309; theft is qualified when it is done in abuse of confidence or certain items are stolen (mail matter, large cattle, etc.)

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80

“borrowing” a thing without permission actual or real gain, NOT necessary in theft failure to deliver lost property is also theft presumption of theft in the possession of stolen property PD 581 penalizes highgrading or theft of gold ores or goldbearing rocks PD 401 penalizes the use of tampered water or electrical meters theft is NOT a continuing offense the abuse of confidence must be grave theft by housemate is NOT always qualified theft by laborer is NOT qualified theft theft of any material or spare part by employees is qualified PD 533 penalizes cattle rustling PD 1612 penalizes fencing or profiting


311

THEFT OF THE NATIONAL LIBRARY AND MUSEUM

312

OCCUPATION OF REAL PROPERTY


This crime involves taking possession of or usurping real property rights.



1.

2. 3.

313

ALTERING BOUNDARIES OR LANDMARKS

314

FRAUDULENT INSOLVENCY

This crime involves changing boundaries or landmarks of towns, provinces and estates. This crime involves absconding with one’s property to the prejudice of one’s creditors.

4. 1. 2. 1. 2. 3.

315

ESTAFA

Estafa involves defrauding or swindling another of his property.

1.

2. (Note: Arts. 316-318 define estafa in its different attendant circumstances.)

offender takes possession of real property or usurps real property rights such belong to another violence/intimidation against persons is used intent to gain boundary marks or monuments altering of said landmarks offender is a debtor offender absconds with his property prejudice to one’s creditors offender defrauded another (1) by abuse of confidence, (2) by means of deceit pecuniary damage

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(Note: The Notes on the right elaborate on the different elements of specific acts of estafa.)

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81

from stolen property theft of property from the National Library and Museum has a fixed penalty regardless of value there is ONLY civil liability in the absence of violence or intimidation

actual prejudice is necessary real property may be involved deceit NOT an essential requisite in estafa with abuse of confidence elements of estafa with unfaithfulness: (1) onerous obligation, (2) altering substance, quantity or quality, (3) damage or prejudice to another elements of estafa with


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82

abuse of confidence: (1) money, goods or other personal property received by the offender in trust, administration or commission, (2) misappropriation or conversion of such, (3) prejudice to another, (4) demand made by the offended party to the offender criminal liability for estafa NOT affected by novation of contract elements of estafa by taking undue advantage of the signature in blank: (1) paper with signature in blank, (2) offended party delivered such to the offender, (3) above the signature, a document was written without consent, (4) document creates a liability or causes damage elements of estafa by means of deceit: (1)


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83

false pretense, fraudulent act or means, (2) executed prior to or simultaneously with the commission of the fraud, (3) offended party relied on such false pretense, etc., (4) damage to the offended party elements of estafa by postdating a check: (1) postdated check, or a check in payment of an obligation, (2) postdating a check with NO funds in the bank or insufficient funds BP 22 penalizes issuing bouncing checks [Elements: (1) issuance of check, (2) issued to apply on account or for value, (3) person who issues such check knows that he does NOT have sufficient funds, (4) check is dishonored elements of estafa by


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316

OTHER FORMS OF ESTAFA



1. Art. 316 (1): 2. immovable thing

84

obtaining food or accommodation: (1) obtaining food or accommodation, (2) obtaining credit by false pretense, (3) abandoning or surreptitiously removing part of baggage without paying elements of estafa by inducing to sign a document: (1) offender induced another to sign a document, (2) deceit, (3) offended party personally signed the document, (4) prejudice be caused elements of estafa by removing, concealing or destroying documents: (1) documents or other papers, (2) offender removed, concealed or destroyed any of them, (3) offender had intent to defraud another


3. 4. 5.

representation as owner execution of an act of ownership prejudice to a third person

Art. 316 (2): 1. real property 2. knowledge of encumbrance 3. express representation that said property was free from encumbrance 4. damage to another Art. 316 (3): 1. offender is owner of personal property 2. lawful possession of another 3. wrongful taking 4. prejudice to the possessor or third person Art. 316 (6): 1. offender is a surety in a bond 2. guarantee of fulfilment with his real property 3. sells, mortgages or encumbers such real property 4. such acts are (1) without express authority from the CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

85


317

SWINDLING A MINOR


318

OTHER DECEITS


319

REMOVAL, SALE OR PLEDGE OF MORTGAGED PROPERTY

This crime involves the violation of the terms of the chattel mortgage by disposing the thing under such mortgage while it is subsisting.

court, (2) made before the cancellation of the bond, (3) before having relieved of his obligation 1. offender takes advantage of the inexperience and emotions of a minor 2. induces minor to (1) assume an obligation, (2) give release, (3) execute a transfer of any property right 3. consideration is (1) loan of money, (2) credit, (3) personal property 4. detriment of the minor

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1.

2. 3. 4.


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personal property mortgaged under the Chattel Mortgage Law offender knows such property is mortgaged removal of such mortgaged personal property permanent removal

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86

real property NOT included

this Article contemplates such acts like defrauding/damaging another through any other deceits or by taking advantage of the public’s credulity chattel mortgage must be registered removal of mortgaged property must be coupled with intent to defraud chattel mortgage may lead to estafa by


5. 320-326B

ARSON

Arson is the destruction of property by means of fire.

327

MALICIOUS MISCHIEF

Malicious mischief is the willful damaging of another’s property for the sake of causing damage.

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1.

2.

3.

328

SPECIAL CASES OF MALICIOUS MISCHIEF

330

DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION DESTROYING PUBLIC MONUMENTS

331


Special cases of malicious mischief involve (1) causing damage to obstruct the performance of public functions, (2) using poisonous or corrosive substance, (3) spreading infection or contagion among cattle, (4) causing damage to the property of the National Library or Museum or to any public property. This crime involves impairment of railway, telegraph or telephone lines. This crime involves damage to statues and other useful and ornamental public monuments.

NO written consent

offender deliberately caused damage to the property of another act does NOT constitute arson or other crimes involving destruction act was committed merely for the sake of damaging property (presupposes motive of hate or revenge)

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87

means of deceit RA 7659 repealed Arts. 320-326B of the RPC. if there is NO malice, there is ONLY civil liability

does NOT include removing rails from railway tracks


88

PD 1613/RA 7659 (Law on Arson) Destructive Arson: 1. burning an ammunition factory or establishment where explosives/inflammable materials are stored 2. edifice devoted to culture, education or social services 3. church or place of worship 4. train, airplane or aircraft 5. building for official proceedings 6. hospital, hotel, dormitory, lodging house, etc. 7. building in a populated or congested area Special Aggravating Circumstances: 1. intent to gain 2. for the benefit of another 3. motivation by spite or hatred 4. commission by a syndicate (3 or more persons) TITLE XI: CRIMES AGAINST CHASTITY This Title punishes acts that defile the purity of women and the institution of marriage. ARTICLE 333

FELONY ADULTERY

DEFINITION Adultery is sexual intercourse by a married woman with a man NOT her husband.

1. 2.

3.

ELEMENTS woman is married she has sexual intercourse with a man NOT her husband man must know her to be married

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NOTES offended party must be legally married to the offender it is NOT necessary that a valid marriage exists between the husband and the woman carnal relations may be proved by circumstantial


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334

CONCUBINAGE


Concubinage is the act of keeping a mistress in the conjugal dwelling or having sexual intercourse with another woman under scandalous circumstance by a married man.

1. 2.

married man does any of the following acts: (1) keeping a mistress in the conjugal dwelling, (2) having sexual intercourse under scandalous circumstances, (3) cohabiting with a concubine in another place

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89

evidence each sexual intercourse constitutes an act of adultery abandonment without justification by the husband is only a mitigating circumstance acquittal of one of the defendants (woman & paramour) may not cause an acquittal for the other death of the paramour will NOT bar prosecution of the wife act of intercourse with the wife after adulterous intercourse operates as an implied pardon a married man is NOT liable for concubinage for mere sexual relations with a woman not his wife NO evidence of scandalous circumstance when spies are employed


3. 335

ACTS OF LASCIVIOUSNESS

Acts of lasciviousness are acts of lewdness directed upon any person.

1. 2. 3.

woman must know man to be married offender commits any act of lasciviousness committed against a person of either sex done under any of the following circumstances: (1) victim is deprived of reason or unconscious, (2) fraudulent machination or grave abuse of authority, (3) offended party is < 12 years old or is demented

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337

QUALIFIED SEDUCTION

Qualified seduction is sexual intercourse with a virgin (12 yrs old < age of virgin < 18 yrs old) by an offender possessing moral ascendancy over her.

1. 2. 3. 4.


offended party is a virgin over 12 and under 18 years old offender had sexual intercourse with her abuse of authority, confidence or relationship

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90

kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd designs moral compulsion amounting to intimidation is sufficient desistance in the commission of attempted rape may constitute acts of lasciviousness NO attempted or frustrated acts of lasciviousness 2 classes of qualified seduction: (1) seduction of a virgin, (2) seduction of a sister or descendant offenders may be persons in authority (eg. teachers, guardians), those with confidence reposed in them (eg. priest, servant, domestic),


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338

SIMPLE SEDUCTION

Simple seduction is having sexual intercourse with a woman over 12 but under 18 years of age.

1. 2. 3. 4.

339

CONSENTED ACTS OF LASCIVIOUSNESS

Consented acts of lasciviousness involve acts committed by the same persons and circumstances as those provided in Arts. 337338.

1. 2.

3.

340

CORRUPTION OF MINORS

Corruption of minors involves facilitating the use of minors to satisfy the lust of another.

341

WHITE SLAVE TRADE

342

FORCIBLE ABDUCTION

White slave trade involves profiting from the prostitution of women. Forcible abduction consists of


offended party is over 12, under 18 years of age good reputation, single or widow offender had sexual intercourse with her committed by means of deceit offender commits acts of lasciviousness committed upon a woman over 12 but under 18 years of age offender accomplishes the acts by abuse of authority, confidence, relationship or deceit

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1. abduction of a woman

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91

and those who abused their relationship (eg. brother, ascendant) deceit NOT an element in qualified seduction girl’s consent NOT a defense virginity of offended party NOT required deceit may take the form of unfulfilled promise of marriage or unfulfilled promise of material things NO continuing offense of seduction males cannot be the offended party in this crime

This provision is amended by BP 92 and RA 7610. This provision is amended by BP 186. married women may


taking a woman against her will and with lewd designs.

2. 3.

abduction against her will presence of lewd designs 

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343

CONSENTED ABDUCTION

Consented abduction consists of taking a virgin over 12 and under 18 years of age with her assent and with lewd designs.

1. 2. 3. 4.

offended party is a virgin over 12 and under 18 years of age taking away must be done with her consent presence of lewd designs

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92

be victims of forcible abduction chastity of woman is immaterial sexual intercourse is NOT necessary in forcible abduction forcible abduction may be complexed with rape if virgin is under 12, crime is forcible abduction offended party need NOT be taken from her house Art. 343 contemplates an active physical agency instrumental in causing the female to leave or abandon her house consented abduction may be complexed with rape

TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS This Title punishes acts that compromise the identity of persons. ARTICLE 347

FELONY SIMULATION OF BIRTHS


DEFINITION This crime involves the loss of

ELEMENTS Simulation of Births

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NOTES principals in simulation of


348

USURPATION OF CIVIL STATUS

civil status through the following acts: (1) simulation of births, (2) substituting one child for another, and (3) abandoning a legitimate child.

1.

This crime involves assuming the filiation, parental or conjugal rights of another by representing oneself as another.

1.

a woman takes the child of another as her own

Abandoning a Legitimate Child 1. legitimate child 2. offender conceals or abandons child 3. intent for child to lose civil status offender does the acts in the definition

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349

BIGAMY

This crime involves contracting a subsequent marriage, which is otherwise lawful, while under a subsisting marriage.

1. 2.

3. 4.

offender is legally married marriage NOT dissolved or absent spouse NOT presumed dead 2nd or subsequent marriage 2nd or subsequent marriage otherwise has validity

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93

birth: (1) woman who simulates birth, (2) person who furnishes child benefit of the child NOT a defense

usurpation of profession is also covered in this Article intent to enjoy rights arising from civil status is essential purpose of defrauding the offended party qualifies the crime first marriage must be valid nullity of marriage is NOT a defense in a bigamy charge (Persons: The nullity of marriage must be attacked directly, not collaterally.) causes that may produce legal dissolution of marriage: (1) death, (2) declaration of absolute nullity, (3) annulment defense has the burden of proof of dissolution of first


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350

MARRIAGES CONTRACTED AGAINST PROVISIONS OF LAW

This crime involves marriages contracted in disregard of legal impediments.

1. 2.

offender contracted marriage knowledge of: (a) noncompliance of legal requirements, (b) marriage was in disregard of a legal impediment

351

PREMATURE MARRIAGES

This crime involves marriages contracted 301 days within the legal dissolution of a previous one.

1.

352

PERFORMANCE OF

This crime involves solemnizing

1. offender is a solemnizing


offender contracts marriages within 301 days after the legal dissolution of a previous one due to death, declaration of absolute nullity or annulment

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94

marriage 2nd spouse is NOT necessarily liable for bigamy, unless he/she has knowledge witness who falsely vouched for the capacity of either contracting parties is an accomplice to bigamy a bigamy charge does not preclude prosecution for concubinage marriages contracted by means of violence, intimidation or fraud qualify the offense requisites for a valid marriage (Art 2-3, FC): (1) legal capacity, (2) consent freely given, (3) authority of solemnizing officer, (4) marriage license, (5) ceremony this provision covers widows and women whose previous marriages have been annulled

offender

must

be


ILLEGAL MARRIAGE CEREMONY

officers who knowingly authorizes marriages which are in disregard of legal impediments.

2.

officer offender knowingly solemnizes marriage in disregard of a legal impediment

authorized marriages

to

95

solemnize

TITLE XIII: CRIMES AGAINST HONOR This Title punishes acts that impugn the reputation and good name of persons. ARTICLE 355

FELONY LIBEL

DEFINITION Libel is a defamation coursed through the mass media (newspapers, radio, plays, etc.)

ELEMENTS Elements of Defamation: 1. imputation of (a) criminal act, (b) vice or defect, (c) act or omission, (d) condition, status or circumstance 2. publicity 3. malice 4. directed to a person or one who is dead 5. tendency to cause dishonor, discredit or contempt

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NOTES libel: public and malicious imputation of a crime, vice or defect, real or imaginary, or any act, condition, status or circumstance tending to cause the dishonour, discredit or contempt of a natural or juridical person, or to blacken the memory of one who is dead (Art. 353, RPC) test of defamatory character: constructing words in their entirety and in their plain meaning meaning of the writer


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356

THREAT TO PUBLISH

357

PROHIBITED PUBLICATION

This crime involves (1) threatening another to publish a libel, (2) offering to prevent publication for compensation. This crime involves the publication of acts referred in the course of official proceedings

1.


1.

offender is a reporter, editor or manager publication of facts about the private life of another facts are offensive to the honor, virtue and reputation of the said

2. 3.


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96

is immaterial publication: communication of defamatory matter to some third person or persons malice must be proved, either in fact (based from proof of ill will) or in law (presumed in a defamatory imputation) identification of injured party essential EXCEPTIONS for defamatory imputation: (1) private communication in the performance of duty, (2) fair and true report

a source of a news report may NOT be revealed


97

person 358

SLANDER

This crime involves defamation of another.

oral

cf. elements of defamation

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359

SLANDER BY DEED

This crime involves defamation through acts that cast dishonor, discredit or contempt to another.

1.

2. 3.

363

INCRIMINATING INNOCENT PERSONS

This crime involves machinations made against innocent persons.

1. 2.

3. 364

INTRIGUING AGAINST HONOR

This crime involves schemes or plots that sow intrigue upon the character and reputation of persons.

TITLE XIV: QUASI-OFFENSES This Title punishes imprudence and negligence that result to material damage and injuries. CRIMINAL LAW 2 REVIEWER Patrick Alcantara (UP Law E2015)

1.

offender performs any act NOT included in crimes against honor such act is performed in public act casts dishonor, discredit or contempt to another offender performs an act act directly incriminates or imputes to an innocent person the commission of a crime act does not constitute perjury offender does the acts in the definition

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slander: oral defamation two kinds, simple and grave slander need NOT be heard by the offended party slapping the face of another/kissing another in public may be slander by deed if the intention is to humiliate

limited to “planting” evidence and similar behavior


ARTICLE 365

FELONY IMPRUDENCE AND NEGLIGENCE

DEFINITION Imprudence and negligence are NOT crimes in themselves; these are ways in which crimes are committed. Both refer to a lack of precaution which result to injurious consequences.

ELEMENTS Reckless Imprudence 4. offender does or fails to do an act 5. doing/failure to do is voluntary 6. without malice 7. inexcusable lack of precaution, taking into consideration: (a) employment or occupation, (b) degree of intelligence, physical condition, (c) other circumstances regarding persons, time and place

NOTES 

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Simple Imprudence 1. lack of precaution on the part of the offender 2. damage impending to be cause is NOT immediate or the danger is not clearly manifest

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98

negligent acts that cause damage may produce civil liability arising from crime or an action for quasi-delict under the Civil Code (Art. 1170, CC: culpa contractual, Art. 2176, CC: culpa aquiliana) imprudence: deficiency of action negligence: deficiency of perception test of negligence involves a reasonable foresight of harm by a prudent person reckless imprudence is NOT equivalent to the concept of force majeure, which refers to an unforeseeable event material damage must result as a result of reckless or simple imprudence Art. 64 relative to mitigating and aggravating circumstances is NOT applicable to crimes committed through negligence contributory negligence mitigates criminal liability

Criminal Law 2, Table of Felonies

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