Criminal Law II Bar Memory Aid

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 1 of 41

TITLE I: CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF NATIONS

1. Treason 2. Conspiracy and Proposal to Commit Treason 3. Misprision of Treason 4. Espionage 5. Inciting to War and Giving Motives for Reprisal 6. Violation of Neutrality 7. Correspondence with Hostile Country 8. Flight to Enemy Country 9. Piracy and Mutiny GR: committed in times of war Except: espionage, inciting to war or giving motives for reprisal, violation of neutrality, piracy and mutiny Elements Crime 114 Treason

115 Conspiracy and Proposal to Commit Treason 116 Misprision of Treason

Elements

Offender is Filipino citizen or alien residing in RP 2. There is war in which the Philippines is involved 3. Offender either: a. levies war against the government i. that there be actual assembling of men, ii. for the purpose of executing a treasonable design by force b. or adheres to enemies, giving aid or comfort Conspiracy to Commit Treason Proposal to Commit Treason

119 Violation of Neutrality 120 Correspondence with Hostile Country

121 Flight to Enemy’s Country

1.

1. 2. 3.

117 Espionage

1.

118 Inciting to War/Giving Motives

1.

2.

Offender must be owing allegiance to the government and not a foreigner He has knowledge of any conspiracy to commit treason against the government He conceals/does not disclose and make known the same as soon as possible to governor/fiscal of province or mayor/fiscal of city in which he resides By entering, without authority therefore, a warship, fort or naval or military establishment or reservation to obtain any information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines a. Offender enters any of the places mentioned b. He has no authority therefore c. His purpose is to obtain info, plans, etc. of a confidential nature relative to defense of RP By disclosing to representative of a foreign nation the contents of the articles, data, or information referred to in Par. No. 1 which he had in his possession by reason of the public office he holds a. Offender is a public officer b. He has in his possession the articles, etc. by reason of the public office he holds c. He discloses their contents to a representative of a foreign nation

122 Piracy in General and Mutiny on the High Seas or in Philippine Waters 123 Qualified Piracy

Offender performs unlawful or unauthorized acts 2. Such acts provoke or give occasion for a war involving or liable to involve RP or expose Filipino citizens to reprisals on their persons or property 1. War which the Philippines is not involved 2. There is a regulation issued by competent authority for the purpose of enforcing neutrality 3. Offender violates such regulation 1. Time of war in which the Philippines is involved 2. Offender makes correspondence with enemy country or territory occupied by enemy troops 3. The correspondence is either a. Prohibited by the government b. Carried in ciphers or conventional signs c. Containing notice or information which might be useful to the enemy 1. There is a war which the Philippines is involved 2. Offender must be owing allegiance to government 3. Offender attempts to flee or go to enemy country 4. Going to enemy country is prohibited by competent authority 1. Vessel is on the high seas or in RP waters 2. Offenders are not members of complement or passengers of the vessel 3. Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, it’s equipment, or personal belongings of its complement or passengers Qualifying Circumstances: 1. Seized vessel by boarding/firing upon the same; or 2. Pirates have abandoned their victims without means of saving themselves; or 3. Crime is accompanied by murder , homicide, physical injuries or rape

Anti-Piracy and Anti-Highway Robbery (PD 532) PD 532

Art. 122

Committed by any person, including a passenger or member Philippine waters §4 – ACCOMPLICE: (a) Knowingly or in any manner aids or protects, or acquires or receives property taken or in any matter derives any benefit (b) Directly or indirectly abets commission

Committed by strangers (nonpassengers or non-members) Philippine waters or high seas

Robbery, Piracy and Mutiny Robbery

Piracy

Mutiny

Robbery in an Uninhabited Place – if committed in raft by banca/ crewmember or passenger

Offenders are outsiders Robbery committed by outsiders

Offenders members of complement or passengers Raise commotion or protest or go against lawful command of captain

Anti-Hijacking Law (RA 6235) Aircraft

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 2 of 41 Philippine Registry

Change course or destination or usurping or seizing control while in flight Foreign Registry Land in any part of RP territory or usurping or seizing control, while within RP territory Passenger Aircraft Carrying or loading on board substances Operating as Public that are corrosive, flammable, explosive or Utility in RP poisonous Cargo Aircraft Shipping or loading such substances in a Operating as Public manner not in accordance with rules and Utility in RP regulations of Air Transportation Office Qualifying (1) firing upon the pilot, crew or passenger Circumstances (2) exploding or attempting to explode any bomb or explosive to destroy the aircraft (3) committing crime accompanied by murder , homicide, serious physical injuries, or rape


TITLE II: CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE

1. Arbitrary Detention 2. Delay in Delivery of Detained Persons to Proper Judicial Authorities 3. Delaying Release 4. Expulsion 5. Violation of Domicile 6. Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained 7. Searching Domicile without Witnesses 8. Prohibition, Interruption and Dissolution of Peaceful Meetings 9. Interruption of Religious Worship 10. Offending Religious Feelings Elements Crime 124 Arbitrary Detention 125 Delay in Delivery of Detained Person to Proper Judicial Authorities 126 Delaying Release

127 Expulsion 128 Violation of Domicile

Elements

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

Offender is a public officer or employee He detains a person Detention is without legal grounds Offender is a public officer or employee Detained a person for some legal ground Fail to deliver person to proper judicial authorities: a. 12 hrs – light penalties or their equivalent b. 18 hrs – corrective penalties or equivalent c. 36 hrs – afflictive/capital or equivalent

Offender is a public officer or employee Judicial/executive order for release of a prisoner or detention prisoner, or there is a proceeding upon a petition for the liberation of such person 3. Offender without good reason delays: a. service of notice of such order to the prisoner b. performance of such judicial/executive order for the release of the prisoner c. proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from RP or compels a person to change his residence 3. Offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same

129 Search Warrants Maliciously Obtained and Abuse in Service of Those Legally Obtained

132 Interruption of Religious Worship

Acts Punished: 1. Procuring a search warrant without just cause a. Offender is a public officer or employee b. Procures a search warrant c. There is no just cause 2. Exceeding authority or using unnecessary severity in executing a search warrant legally procured a. Offender is a public officer or employee b. Legally procured a search warrant c. Exceeds authority or uses unnecessary severity in executing the same 1. Offender is a public officer or employee 2. Armed with search warrant legally procured 3. Searches domicile, papers or other belongings of any person 4. Owner, or 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 following acts: a. Prohibiting/interrupting, without legal ground, holding of a peaceful meeting, or by dissolving the same b. Hindering any person from joining any lawful association or attending any meetings c. Prohibiting/hindering any person from addressing, either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances 1. Offender is a public officer or employee 2. Religious ceremonies or manifestations of any religion are about to take place or are going on 3. Offender prevents or disturbs the same

133 Offending the Religious Feelings

Qualifying Circumstance: * if committed with violence or threats 1. Acts complained of were performed: In a place devoted to religious worship, or During celebration of any religious ceremony 2. Acts must be notoriously offensive to the feelings of the faithful

130 Searching Domicile Without Witnesses 131 Prohibition, Interruption , and Dissolution of Peaceful Meetings

1. 2.

Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. Not authorized by judicial order to enter dwelling and/or to make a search for papers & other effects

Comparisons Arbitrary Detention (art. 124) Public officers whose official duties give them the authority to effect arrest and detain persons Intent to detain Detention at the outset unlawful

Illegal Detention (art. 267) Other kind of public officers, private individuals

Arbitrary Detention (art. 124) Public officer authorized to arrest and detain Detention without lawful cause

Detention is penalized

Unlawful Arrest (art. 269) Public officer/private individual Feigned to arrest without legal cause the purpose of which it to file charge Arrest is penalized

Arbitrary Detention (art. 124) No warrant of arrest No legal grounds

Delay in Delivery (art. 125) No warrant of arrest With legal grounds

Art. 128

No warrant

Intent to detain

Art. 129 and 130 Warrant but maliciously obtained or even if issued regularly, abuse in implementation Officer can be held liable for perjury


Art. 131 Assembly for legal purpose Officer not a member assembly

of

Art. 132 and 133 Exercise of religious manifestations, not quasi religious ceremonies 132 – public officer 133 – anyone Directed at religious belief itself and act is notoriously offensive

Illegal Assembly (art. 146) Assembly not for legal purpose May be a member of assembly

Unjust Vexation

Offensive to particular religion only


TITLE III: CRIMES AGAINST PUBLIC ORDER

1. 2.

3. 4.

5.

6. 7.

Rebellion, Insurrection, Coup d’etat, Disloyalty of Public Officers, Sedition (Conspiracy, Proposal, Incitement), Crimes Against Proper Representation (Acts Tending to Prevent the Meeting of Congress, Disturbance of Proceedings of Congress and Similar Bodies, Violation of Parliamentary Immunity) Illegal Assemblies and Illegal Associations Direct Assault, Indirect Assault, Disobedience (Disobedience to Summons Issued by Congress, Resistance and Disobedience to Person in Authority/Agent) Public Disorders (Tumults and Other Disturbances of Public Order, Unlawful Use of Means of Publication and Unlawful Utterances, Alarms and Scandals Delivering Prisoners from Jail, Evasion of Service of Sentence, Evasion on Occasion of Disorders, Violation of Conditional Pardon Quasi-Recidivism

Elements Crime

Elements

134 Rebellion or Insurrection

Public uprising and taking arms against Gov’t Purpose: a. remove from allegiance to said gov’t or laws: territory of RP or any part thereof; or any body of land, naval or other armed forces; or b. deprive Chief Executive or Congress, wholly or partially, of their powers or prerogatives 1. Offender is person(s) belonging to the military or police or holding any public office or employment 2. Committed thru swift attack accompanied by violence, intimidation, threat, strategy or stealth 3. Attack directed against duly constituted authorities of RP, or any military camp or installation, communication networks, public utilities or other facilities needed for the exercise and continued possession of power 4. Purpose: seize or diminish state power Conspiracy and Proposal to Commit Coup d’etat Conspiracy to Commit Rebellion or Insurrection Proposal to Commit Rebellion or Insurrection

134-A Coup d’etat

136 Conspiracy and Proposal 137 Disloyalty of Public Officers

138 Inciting to Rebellion

1. 2.

1. 2. 3.

139

1.

Offender is a public officer or employee Commits any of the following acts of disloyalty: a. Failing to resist a rebellion by all the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them Offender does not take arms or is not in open hostility against the government Incites others to the execution of acts of rebellion Inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end Offenders rise ublicl and tumultuousl

Employ force, intimidation, or other means outside of legal methods 3. Objects: a. Prevent the promulgation or execution of any law or the holding of any popular election b. Prevent the National Gov’t, or any provincial or municipal gov’t, or any public officer from freely exercising functions, or prevent the execution of any administrative order c. Inflict any act of hate/revenge upon person or property of any public officer or employee d. Commit, for any political or social end, any act of hate/revenge against private persons or any social class; and e. Despoil, for any political or social end, any person, municipality or province, or the national gov’t of all its property or any part 141 Conspiracy to Commit Sedition 142 Acts Punished: 1. Inciting to Sedition to Accomplish its Objects: Inciting to a. Offender does not take direct part in the Sedition crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition c. Inciting done by means of speeches, proclamation, writings, emblems, cartoons, banners, or other representations 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing or circulating scurrilous libels against gov’t tending to disturb the public peace a. Offender does not take direct part in sedition b. Commits acts of sedition (either 2 or 3) 1. A projected or actual meeting of Congress and 143 similar bodies Acts 2. Offender may be any person Tending to 3. Prevents such meeting by force or fraud Prevent the Meeting of Congress A meeting of Congress and similar bodies 144 Disturbance The offender does any of the following acts: He disturbs any of such meetings of He behaves while in the presence of any such Proceedings bodies in such a manner as to interrupt of Congress its proceedings or to impair the respect due it. 145 First Form (any person) uses force, Violation of 1. Offender intimidation, threats or fraud Parlia2. Purpose: to prevent any member of Congress mentary from: Immunity a. Attending the meetings of Congress; or b. Expressing his opinion; or c. Casting his vote Second Form 1. Offender is a public officer or employee 2. He arrests or searches any member of Congress 3. Congress is in regular or special session 4. Member has not committed a crime punishable by penalty higher than prision mayor 1. Meeting attended by armed persons for the 146 purpose of committing any of the crimes in Illegal RPC Assemblies a. a meeting, gathering or group of persons, whether in a fixed place or moving b. meeting is attended by armed persons c. ur ose: commit an crime unished in Sedition

2.

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 6 of 41 RPC Meeting in which the audience, whether armed or not, is incited to the commission of treason, rebellion or insurrection, sedition, or assault upon a person in authority or his agents a. meeting, a gathering or group of persons, whether in a fixed place or moving b. audience, whether armed or not, incited to commission of the crime of treason, rebellion or insurrection, sedition or direct assault Illegal Associations: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Associations totally or partially organized for some purpose contrary to public morals Two Forms and Requisites: 1. First form (rebellion by a handful of people) a. the offender employs force or intimidation b. the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of crime of sedition c. there is no public uprising 2. Direct Assault (laying hands on person in authority) 2.

147 Illegal Associations

148 Direct Assaults

Simple Assault: 1. offender makes an attack, employs force, makes a serious intimidation, or makes a serious resistance 2. person assaulted is person in authority or his agent 3. at the time of the assault the person in authority or his agent is engaged in the actual performance of official duties, or that he is assaulted by reason of the past performance of official duties 4. offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties 5. there is no public uprising

149 Indirect Assaults

150 Disobedienc e to Summons Issued by Congress, its Committees, etc.

Qualified Assault 1. when the assault is committed with a weapon 2. when the offender is a public officer or employee 3. when offender lays hands upon person in authority 1. Person in authority or his agent is the victim of any of the forms of direct assault defined in Article 148 2. Person comes to the aid of authority or his agent 3. Offender makes use of force/intimidation upon person coming to the aid of authority or his agent Acts Punishable: 1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses 2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official 3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the exercise of their functions 4. By restraining another from attending as a witness in such legislative or constitutional body 5. By inducing disobedience to a summons or refusal to be sworn by any such body or

151 Resistance and Disobedienc e to a Person in Authority or Agents of Such Person

153 Tumults and Other Disturbance s of Public Order

official Resistance and Serious Disobedience (Par.1): 1. A person in authority or his agent is engaged in the performance of official duty or gives a lawful order to the offender 2. The offender resists or seriously disobeys such person in authority or his agent 3. The act of the offender is not included in the provisions of Articles 148, 149, and 150 Simple Disobedience (Par. 2): 1. An agent of a person in authority is engaged in the performance of official duty or gives a lawful order to the offender 2. Offender disobeys agent of person in authority 3. Such disobedience is not of a serious nature Tumults and Other Disturbances of Public Order: 1. Causing any serious disturbance in a public place, office or establishment 2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is not included in Articles 131 and 132 3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed Qualifying character

154 Unlawful Use of Means of Publication and Unlawful Utterances

155 Alarms and Scandals

156

Circumstances:

if

tumultuous

in

Tumultuous – the disturbance or interruption shall be deem as such if caused by more than three persons who are armed or provided with means of violence Acts Punished 1. Publishing or causing to be published, by means of printing, lithography or any other means of publication, as news any false news which may endanger the public order, or cause damage to the interest or credit of the State 2. By encouraging disobedience to the law r to the constituted authorities or by praising, justifying or extolling any act punished by law, by the same means or by words, utterances or speeches 3. By maliciously publishing or causing to be published any official resolution or document without proper authority, or before they have been published officially 4. By printing, publishing or distributing (or causing the same) books, pamphlets, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous Acts Punished as Alarms and Scandals: 1. Discharging firearm, rocket, firecracker, or other explosive within any town/public place, calculated to cause (which produces) alarm or danger 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements 4. Causing any disturbance or scandal in public places while intoxicated or otherwise, provided Article 153 is not applicable 1. Person confined in a jail or penal

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 7 of 41 Delivering Prisoners from Jail

157 Evasion of Service of Sentence

158 Evasion on Occasion of Disorders

159 Violation of Conditional Pardon 160 QuasiRecidivism

2.

establishment Offender removes therefrom such person, or helps the escape of such person

Qualifying Circumstance * offender’s act of employing bribery as a “means” of removing or delivering the prisoner from jail, and not the offender’s act of receiving or agreeing to receive a bribe as a consideration fro committing the offense 1. Offender is a convict by final judgment 2. Sentence consists in deprivation of liberty 3. Evasion by escaping during the term of sentence Qualifying Circumstances: 1. unlawful entry (by scaling); 2. breaking doors, windows, gates, walls, roofs floors; 3. using picklocks, false keys, disguise, deceit, violence, or intimidation; or 4. thru connivance with other convicts or employees of penal institution 1. Offender is a convict by final judgment, who is confined in a penal institution 2. Disorder, result of: conflagration, earthquake, explosion, similar catastrophe, or mutiny in which he has not participated 3. Offender evades service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. Offender fails to give himself up to the authorities within 48hrs following issuance of proclamation by the chief executive announcing passing away 1. Offender was a convict 2. Granted conditional pardon by Chief Executive 3. He violated any of the conditions of such pardon Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense 1. The offender was already convicted by final judgment of one offense 2. He committed a new felony before beginning to serve such sentence or while serving the same

Rebellion, Coup d’etat, Sedition Rebellion and Common Crimes New Doctrine: Offenders may be charged for “common crimes” (e.g. murder, homicide, arson, and other felonies that may be conceivably committed in the course of the rebellion) separately from rebellion and insurrection. Former doctrine (Hernandez, Enrile, etc.): rebellion absorbs common crimes; Article 48 cannot be invoked Rebellion Rising publicly Multitude of people Does not require

Overthrow government Always violence

force

and

Rebellion Political Use of firearm essential

Coup d’etat Swift attack Singly or collectively Require principal participants to be AFP, PNP, etc. Destabilize, immobilize or paralyze gov’t Not limited to force and violence

Sedition Political/social Use of firearm not an

essential

ingredient * Cannot be prosecuted for illegal possession of firearm because it is absorbed

Rebellion/Sediti on Must take part in crime Tumults (art. 153)

Intent: disturb public performance or create disturbance in a public place

Inciting to Rebellion or Sedition Civilians who do not take part Inciting to Sedition (art. 142) Acts employed in 142 Objectives in 139

Direct Assaults (art. 148)

Rise publicly and tumultuously

No public uprising

Illegal Assemblies and Associations Illegal Assemblies Mere gathering for unlawful purpose which must relate to crime in RPC RPC only If offense punishable under SPL, no illegal assembly

Illegal Associations Forming of illegal org’n, association, corporation for criminal activities prohibited by RPC and SPL or any act prejudicial to public welfare RPC and SPL

Direct Assault If made while in performance of PA’s duty, crime is Direct Assault, whatever his reason may be for attacking. Must be while acting within the SCOPE of his authority If made when OFF DUTY, motive must be determined: Direct Assault – if attack related to past performance No Direct Assault – if no such reason Person in Authority – any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission (e.g. barangay chairman, members of Lupong Tagapagkasundo, teachers, lawyers and heads of schools) Agent of Person in Authority – one who, by direct provision of law, election or appointment by competent authority, is charged with maintenance of public order and the protection and security of life and property (e.g. barrio vice-lieutenant, barrio councilman & barrio policeman, and any person who comes to the aid of PA) Felonies Committed with Direct Assault Generally, DA is complexed with other crimes resulting from the assault. Only ONE information is prepared. exception: slight physical injuries (inherent in direct assault) Laying of Hands Direct Assault Crime: Direct Assault with Less Serious PI By reason of being PA or performance of his function

Less Serious Physical Injuries Qualifying circumstance to lay hands upon person in authority Not be reason of his being a person in authority

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 8 of 41 Not a PA PA

Aggravating circumstance (art. 14(2)) Direct Assault

prisoner

Direct Assault vs. Resistance or Serious Disobedience Direct Assault

PA or A must be engaged in performance of official duties or assaulted by reason thereof Committed in 4 ways: Attack, Force, Serious intimidation, or Serious resistance Force employed – serious and deliberate When the one resisted is PA, the use of any kind or degree of force will give rise to direct assault

Resistance or Serious Disobedience PA or A must be in actual performance of duties

Committed in 2 ways: Resisting Seriously Disobeying Force employed – not so serious, as there is no manifest intention to defy the law If no force is employed by the offender in resisting or disobeying, the crime committed is resistance

Public Disorders

1. 2. 3.

Alarms and Scandals Charivari – mock serenade where the offender actually disturbs the peace by using cans, pans, utensils, etc. Variant Crimes that can Arise from Discharge of Firearms Discharge of firearm in public place but not pointed to a particular person Directed to particular person who was not hit if intent to kill is not proved If person was hit, automatically, crime is attempted homicide/murder if with intent to kill Person was hit and injured but no intent to kill Weapon not discharged but pointed to another Drawn in a quarrel but not in self-defense Threat was immediate, direct and serious and person is compelled or prevented to do something against his will

Alarms and Scandals Illegal Discharge of Firearms Attempted Homicide/Murder Physical Injuries Threat Other Light Threat Grave Coercion

Variant Crimes in Creating Noise/Annoyance Alarms and Scandals Unjust Vexation

Public in general Directed to a person

particular

Evasion of Service of Sentence Evasion of Service of Sentence (Art. 157)

Prisoner servin

Infidelity in Custody of Prisoner (Arts. 223-225)

Offender is custodian who connived in escape or was negligent Detention Prisoner

Prisoner serving sentence by final judgment

Mutiny Revolt of subordinates against superiors. include riot (prisoners are not subordinates).

Does not

Evasion in Article 158 Failure to return. Premium for those who return: Leaving without returning within time prescribed Not leaving Leaving and returning within time prescribed

1/5 addition to remaining sentence but not more than 6 mos. (1/5 x balance of the sentence to be served) No deduction 1/5 deduction from sentence (1/5 x original sentence)

Conditional Pardon Substantive offense

must not fall under Articles 131 and 132 (only public officers can commit these crimes) disturbance must be serious, if not serious the crime is alarms and scandals if criminal intent at the OUTSET is to incite listeners to rebellion or sedition, it is not public disorders

Delivery of Prisoners from Jail (Art. 156) Offender not custodian of prisoner Detention

sentence by final judgment

Not substantive offense

If penalty remitted is 6 years or less, there is a new penalty imposed If penalty remitted is more than 6 years, as the penalty for violation is merely to serve the balance

Summary Delivery of Prisoners from Jail (Art. 156) (1) By detention prisoner if he knew of the plan to make him escape (2) by a convict whose conviction is not yet final or on appeal (3) by a person rescuing the prisoner from jail who is not the custodian and who may be a civilian or a PO not the custodian

Evasion of Service of Sentence (Art. 157) (1) By prisoner in confinement by final judgment (2) prisoner not in confinement by final judgment (e.g. destierro)

Infidelity in Custody of Prisoner (Arts. 223-225)

(1) By public officer who consented or connived in the escape of convict or detention prisoner and is the custodian of the prisoner (2) public officer custodian whose negligence caused the evasion (3) private person to whom the custody of the prisoner was confided who consented, connived, or was negligent

Quasi-Recidivism

Special aggravating circumstance that must be alleged in the complaint



TITLE IV: CRIMES AGAINST PUBLIC INTEREST

1.

2. 3.

Forgeries (Forging Seal of Gov’t, Signature or Stamp of Chief Executive; Counterfeiting Coins; Forging Treasury or Bank Notes, Obligations and Securities, Importing and Uttering False or Forged Notes, Obligations and Securities; Falsification of Legislative, Public, Commercial and Private Documents, and Wireless Telegraph and Telephone Messages; Falsification of Medical Certificates, Certificates of Merit and the Like; Manufacturing, Importing and Possession of Instruments or Implements Intended for Commission of Falsification) Other Falsities (Usurpation of Authority, Rank, Title, and Improper Use of Names, Uniforms and Insignia; False Testimony) Frauds (Machinations, Monopolies and Combinations; Frauds in Commerce and Industry) Crime

Elements

161 Forging the Seal of the Gov’t, Signature or Stamp of the Chief Executive 162 Using Forged Signature or Counterfeit Seal or Stamp 163 Making and Importing and Uttering False Coins

Acts Punished: 1. Forging the Great Seal of the Government of the Philippines 2. Forging the signature of the president 3. Forging the stamp of the president

164 Mutilation of Coins

165 Selling of False or Mutilated Coins, Without Connivance 166 Forging Treasury or Bank Notes or Other Documents Payable to Bearer 167 Counterfeiting Instruments Not Payable to Bearer 168 Illegal

That the Great Seal of RP was counterfeited or the signature or stamp of Chief Executive was forged by another person 2. The offender knew of the counterfeiting or forgery 3. He used counterfeit seal/forged signature or stamp 1. There be false or counterfeited coins 2. Offender either made, imported or uttered coins 3. That in case of uttering such false or counterfeited coins, he connived with counterfeiters/importers Acts Punished: 1. Mutilating coins of legal currency, with intent to damage or to defraud another 2. Importing or uttering mutilated coins, with connivance with mutilator/importer in uttering 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated

Possession and use of False Treasury or Bank Notes and Other Instruments of Credit 170 Falsification of Legislative Documents 171 Falsification by Public Officer, Employee, or Notary or Ecclesiastica l Minister

1.

Acts Punishable: 1. Forging or falsification of treasury or bank notes or other documents payable to bearer 2. Importation of such false/forged obligations/notes 3. Uttering of such false or forged obligations or notes in connivance with the forgers or importers 1. There be an instrument payable to order or other document of credit not payable to bearer 2. Offender either forged, imported or uttered such 3. In case of uttering, he connived with forger / importer 1. That any instrument payable to bearer, or any instrument payable to order is forged or

172 Falsification by Private Individuals and use of Falsified Documents

2. 3.

1.

falsified by another person Knowledge that it is forged or falsified He performs any of these acts: a. using any such forged or falsified instruments b. possessing with intent to use any of such forged or falsified instruments

A bill, resolution, ordinance is enacted or approved or pending approval in legislative body 2. Offender alters the same 3. No proper authority 4. Alteration changed the meaning of the document 1. Offender is public officer, employee, notary public 2. He takes advantage of his official position 3. He falsifies by committing any of the ff acts: a. Counterfeiting or imitating (feigning) any handwriting, signature or rubric i. intent to imitate, or attempt to imitate ii. genuine and forged signatures bear some resemblance to each other b. Causing it to appear that persons have participated in any act or proceeding when they did not in fact so participate c. Attributing to persons who have participated in an act or proceeding statements other than those in fact made by them d. Making untruthful statements in a narration of facts * legal obligation to disclose the truth of the facts narrated by him e. Altering true dates f. Making any alteration/intercalation in a genuine document changing its meaning * change made document speak something false g. Issuing in authenticated form a document purporting to be a copy of any original document when no such original exists, or including in such copy a statement contrary to, or different from that of genuine original h. Intercalating any instrument or note relative to the issuance thereof in a protocol, registry or official book. 4. If offender is ecclesiastical minister, falsification is committed on record/document of such character that falsification may affect civil status of persons Acts Punished and Their Requisites: 1. Falsification of public, official or commercial document by a private individual a. offender is private individual or public officer or employee who did not take advantage of his official position b. any of the acts of falsification in Article 171 c. public or official or commercial document 2. Falsification of private document by any person a. offender committed any of the acts of falsification, except those in ¶ 7 , in Article 171 b. committed in any private document c. damage to 3rd party or intent to cause damage 3. Use of falsified document a. knowledge of falsification b. false document is embraced in Article 171 or in any subdivision no. 1 or 2 or Article 172

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 11 of 41 c.

173 Falsification of Wireless, Cable, Telegraph and Telephone Messages

174 175 Using False Certificates 176 Mnftg and Possession of Implements for Falsification 177 Usurpation of Authority or Official Functions

178 Using Fictitious Name and Concealing True Name

179 Illegal Use of Uniforms or Insignia 180 False Testimony Against a Defendant 181 182 False Testimony in Civil Cases 183 False

he introduced document in evidence in any proceeding (judicial or otherwise) d. in other proceedings (NOT judicial), damage to 3rd person or intent to cause damage Acts Punishable 1. Uttering fictitious wireless, telegraph, telephone message a. Offender is officer/employee of gov’t or private corporation, engaged sending or receiving wireless, cable, telephone message b. Offender commits any of the following acts: i. uttering fictitious message ii. falsifying message 2. Falsifying wireless, telegraph or telephone message * same as above 3. Using such falsified message a. knowledge of falsification b. use of such falsified dispatch c. prejudice to 3rd party, or intent to cause such Falsification of Medical Certificates, Certificates of Merit or Service 1. falsification as in art. 174 2. knowledge 3. use Acts Punished: 1. Making or introducing in RP implements for counterfeiting or falsification 2. Possessing with intent to use made in or introduced into RP by another person Two Ways of Committing the Crime: 1. Usurpation of Authority – knowingly and falsely representing oneself to be officer, agent or representative of RP gov’t or any foreign gov’t 2. Usurpation of Official Functions – performing any act pertaining to any person in authority or public officer of RP gov’t or foreign gov’t, under false pretense, and without authority Using Fictitious Name 1. Offender uses a name other than his real name 2. He uses that fictitious name publicly 3. Purpose: (a) conceal a crime, (b) evade execution of judgment, or (c) cause damage to public interest Concealing True Name 1. Offender conceals true name, other circumstances 2. Purpose: only to conceal his identity 1. Offender makes use of insignia, uniform or dress 2. Such pertains to an office not held by offender or to a class of persons of which he is not a member 3. Such is used publicly and improperly 1. Criminal proceeding 2. Offender testifies falsely under oath against the defendant therein 3. Offender knows that it is false 4. Defendant either acquitted or convicted False Testimony Favorable to Defendant 1. Civil case 2. Testimony must relate to issues presented in case 3. That the testimony must be false 4. Knowledge of falsity 5. Malicious, with intent to affect issues presented 1. Two ways of Committing Perjury a. By falsely testifying under oath; and

Testimony in Other Cases and Perjury in Solemn Affirmation

184 Offering False Testimony in Evidence 185 Machinations, Monopolies, and Combinations 186 Monopolies and Combinatio ns in Restraint of Trade

187 Importation and Disposition of Falsely Marked Articles 188 189

b. By making a false affidavit Elements of Perjury a. Accused made a statement under oath or executed an affidavit upon a material matter b. Made before a competent officer, authorized to receive and administer oath c. Accused made a willful and deliberate assertion of a falsehood; and d. Sworn statement/affidavit is required by law 1. Offer in evidence of false witness or false testimony 2. Knowledge of falsity 3. Offer was made in a judicial or official proceeding 1. Soliciting any gift or promise as a consideration for refraining from taking part in any public auction 2. Attempting to cause bidders to stay away from an auction by threats, gifts, promises or other artifice * in both cases, intent to cause the reduction of the price of the thing auctioned Acts Punished as Monopolies: 1. Combination to prevent free competition in the market 2. Monopoly to restrain free competition in the market 3. Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions prejudicial to lawful commerce or increase market price of merchandise 1. Offender imports, sells, or disposes of any of those articles or merchandise 2. Stamps, brands, or marks fail to indicate the actual fineness or quality of said metals or alloys 3. Knowledge 2.

Repealed by RA 8293 (Intellectual Property Code) Repealed by RA 8293 (Intellectual Property Code)

Forgeries Counterfeiting Coins  Counterfeiting – imitation of a legal or genuine coin; imitation of the peculiar design of a genuine coin Forgery  Forgery – giving to treasury/bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to forge an instrument is to make false instrument intended to be passed for the genuine one  Forgery is committed only on treasury and bank notes. Falsification Falsification Documents may or may not be under oath

Contents may be true but signature is false

Perjury Document must be under oath (required by law to be under oath) Contents in its material aspect must be deliberately false

Complex Crime of Estafa through Falsification

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 12 of 41  

If public or official or commercial document falsified to commit estafa – complex crime If private document – no complex crime (either estafa or falsification) Estafa If estafa can be committed even without resorting to falsification, and falsification was resorted to only to facilitate estafa

Falsification If falsification is essential in the commission of estafa such that without falsification, estafa cannot be committed

Other Falsities Usurpation of Authority Article 177 False pretense

RA 10 With or without pretense

Using Fictitious Name CA 142 (Regulating the Use of Aliases) §1. Except as pseudonym (entertainment purposes and athletic events), no person shall use name other than original or real name unless recorded in LCR or authorized in court §2. Person desiring to use alias shall apply for judicial authority. No person allowed to secure judicial authority for more than one alias. Requires public use and habituality

Perjury  Subornation of Perjury – act of a person of procuring a false witness to testify and commit perjury; witness must first be convicted of perjury


TITLE V: CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS Comprehensive Dangerous Drugs Act of 2002 (RA 9165) Crime Importation §4

Persons Punished/Elements

1. 2. 3.

Sale, Trading, Administration, Dispensatio n, Delivery, Distribution , Transportation §5

Maintenanc e of Den, Dive or Resort §6

Employees and Visitors of Den, Dive or Resort §7 Manufacture of DD and/or CP and EC §8

§9

importer/bringer of DD and/or CP and EC, unless authorized by law , regardless of quantity and purity financier protector/coddler

Qualifying Circumstance (Maximum Penalty) * Use of a diplomatic passport/facility or any other means involving official status intended to facilitate unlawful entry of the same 1. any person who shall sell, trade, administer, dispense, deliver, give away to another, distribute, dispatch in transit or transport 2. broker 3. financier 4. protector/coddler Qualifying Circumstances (Maximum Penalty) 1. within 100m from a school 2. use of minors or mentally incapacitated as runners, courier and messengers, or in any other capacity directly connected to DD and/or CP and EC 3. victim is a minor or mentally incapacitated 4. DD/CP and EC proximate cause of death of victim 1. Maintainer, owner and/or operator * requires intent to use property for such purpose 2. financier 3. protector/coddler Qualifying Circumstances 1. DD administered, delivered or sold to minor who is allowed to use the same in such place (maximum penalty) 2. Proximate cause of death (increased penalty) 1. Employee who is aware of nature of the place as such 2. Any person who is aware of the nature of the place as such and knowingly visits the same

1. 2. 3.

Manufacturer, unless authorized by law Financier Protector/coddler

Manufacture or Delivery of Equipment, Instrument, Apparatus, and other Paraphernali a for DD and/or CP and EC §10

Possession of DD §11 Possession of Equipment, Instrument, Apparatus and other Paraphernalia for DD §12 §13

§14 Use of DD §15

§16

§17

* Prima Facie Proof of Manufacture: presence of any CP and EC or lab equipment in clandestine laboratory Aggravating Circumstances 1. conducted in presence or with help of minor(s) 2. within 100m of residential, business, church, or school premises 3. clandestine lab secured or protected with booby traps 4. clandestine lab concealed with legit business operations 5. employment of practitioner, chemical engineer, public official or foreigner Illegal Chemical Diversion of CP and EC Illegal diverter (any person), unless authorized by law

§18 Unlawful Prescription of DD §19 Attempt or Conspiracy §26

Any person who shall deliver, possess with intent to deliver, or manufacture with intent to deliver equipment, instrument, apparatus and other paraphernalia for DD, knowing, or under circumstances where one reasonably should know that it will be used 1. to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any DD and/or CP and EC 2. to inject, ingest, inhale or otherwise introduce into the human body (lower penalty) Qualifying Circumstance * use of minor or mentally incapacitated to deliver Any person, unless authorized by law, who shall possess DD in the required quantities, regardless of degree of purity

Qualifying circumstance: §13 Any person, unless authorized by law , who shall possess or have under control any equipment, etc. fit or intended for smoking, consuming, administering, injecting, ingesting or introducing any DD into the body Prima Facie Evidence of Use – possession Qualifying circumstance: §14 Possession of DD during Parties, Social Gatherings, or Meetings Any person found possessing any DD, regardless of quantity and purity 1. during a party, social gathering or meeting, or 2. in the proximate company of at least two persons Possession of E, I, A and other P for DD during P, SG or M A person apprehended and arrested, found positive for use of DD, after confirmatory test 1. 1st offense – subject to 6 mos. Rehabilitation 2. 2nd – 6 years 1 day to 12 years and P50K to P200K Not applicable: if §11 (possession) is applicable Cultivation or Culture of Plants Classified as DD or are Sources Thereof 1. Any person who shall plant, cultivate, or culture 2. financer 3. protector/coddler Qualifying circumstance: land part of public domain Maintenance and Keeping of Original Records of Transactions on DD and/or CP and EC Practitioner, manufacturer, wholesaler, importer, distributor, dealer or retailer who violates or fails to comply with maintenance/keeping Unnecessary Prescription of DD Practitioner Any person, unless authorized by law , who shall make or issue a prescription or other writing purporting to be a prescription for any dangerous drug 1. importation 2. sale, trading, administration, dispensation, delivery, distribution, transportation 3. maintenance of den, dive, resort where used 4. manufacture 5. cultivation/culture of plant sources

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 14 of 41 Criminal Liability of Public Officer or Employee §27

Planting Evidence §28 §32 §37

1.

Misappropriation, misapplication or failure to account for confiscated, seized and/or surrendered DD, plant sources of DD, CP and EC, Instruments, Paraphernalia and/or Lab Equipment including proceeds or properties obtained form unlawful act committed 2. elective local or national official who benefited from proceeds of trafficking or received any financial or material contributions or donations Any person planting DD, regardless of quantity and purity (punishable by DEATH) Violation of any Regulation issued by Board Issuance of False or Fraudulent Drug Test Results Person authorized, licensed or accredited who issues knowingly or willfully or thru gross negligence

Significant Changes 1. Penalties a. Penalties under SPL revived (e.g. life imprisonment) and the nomenclature of RPC were deleted from law Except: MINOR OFFENDERS – imposable penalty will become RP to Death, provided: (1) offender is a minor, and (2) violation is punished with LI to Death * treated as crime punishable under RPC in ISL b. Penalty is no longer based on quantity involved Except in case of POSSESSION c. Use of dangerous drugs now has a graduated penalty d. Accessory penalties; Such rights are also suspended during pendency of appeal from conviction 2. Classification of Drugs – now “Dangerous Drugs” and “Controlled Precursors and Essential Chemicals” 3. New Offenders a. Financier – any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under the Act b. Protector/Coddler – any person who knowingly and willfully consents to unlawful acts and uses his influence, power or position in shielding, harboring, screening or facilitating the escape of any person he knows or has reasonable grounds to believe or suspects, has violated CDDA in order to prevent arrest, prosecution and conviction of violator 4. New Offenses a. Illegal chemical diversion of controlled precursors and essential chemicals b. Failure to maintain and keep original records or transactions on DD and/or CP and EP c. Attempt or conspiracy to commit any of the ff: 1) importation 2) sale, trading, administration, dispensation, delivery, distribution, transportation 3) maintenance of den, dive, resort where used 4) manufacture 5) cultivation/culture of lant sources

d. Misappropriation, misapplication or failure by a public officer/employee to account etc. e. Planting f. Violation of any regulation issued by DD Board g. Issuance of false/fraudulent drug test results h. Violation of confidentiality of records i. Refusal of members of law enforcement agencies or any gov’t official/employee to testify as prosecution witness in DD cases j. Delay and Bungling in Prosecution of drug cases 5. Qualifying/Aggravating Circumstances a. crime committed under influence of drugs – qualifying circumstance and rules under RPC apply b. Possession of DD during parties, social gatherings or meetings – aggravating in §11 c. Possession of equipment, etc. during parties, social gatherings or meetings – aggravating in §12 Nature of Violations  Malum prohibitum Definitions  Drug Dependence – state of psychic or physical dependence or both, on a DD, arising in a person following administration or use of that drug on a periodic or continuous basis  Use – refers to act of injecting, intravenously or intramuscularly, or of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking, or otherwise introducing into the physiological system of the body, any of the dangerous drugs * a drug dependent is not criminally liable for violation of §15 (Use); this does not apply to a person who “occasionally uses” the drug, as it is not the same as “drug dependence”  Delivery – person’s act of knowingly passing a dangerous drug to another personally or otherwise, and by any means, with or without consideration (necessarily involves knowledge otherwise not liable)  Screening Test – rapid test performed to establish potential/presumptive positive result  Confirmatory Test – analytical test using a device, tool, or equipment with a different chemical or physical principal that is more specific which will validate and confirm result of the screening text  Drug Syndicate – organized group of 2 or more persons forming or joining together with intention of committing any offense proscribed under this act  Planting of Evidence – will act of maliciously and surreptitiously inserting, placing or adding or attaching directly or indirectly, thru any over or covert act, whatever quantity of any DD and/or CP and EC in person, house, effects or in the immediate vicinity of an innocent individual for the purpose of implicating, incriminating or imputing the commission of any violation of this act Prohibited Quantities

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 15 of 41 Drug Opium Morphine Heroin Cocaine Shabu Marijuana Resin or Resin Oil Marijuana Other DD Shabu Marijuana Other DD Marijuana Other DD

Quantity 10 grams or more 10 grams or more 10 grams or more 10 grams or more 50 grams or more 10 grams or more

500 grams or more 10 grams or more 10 grams or more but less than 50 grams 300 grams or more but less than 500 grams 5 grams or more but less than 10 grams Less than 300 grams Less than 5 grams

LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI to Death and P500K to P10M LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 20 years 1 day to LI and P400K to P500K 12 years 1 day to 20 years and P300K to P400K 12 years 1 day to 20 years and P300K to P400K

Certain Provisions  plea-bargaining not allowed (§23)  probation law not allowed for drug trafficking or pushing, regardless of penalty imposed by court (§24)  positive finding for the use of DD shall be a qualifying aggravating circumstance and the application of the penalty provided for in RPC shall be applicable (§25)  attempt or conspiracy in certain acts are punishable (§26) committed by government officials and  if employees: qualifying circumstance in all unlawful acts (§28) committed by partnership, corporation,  if association or other juridical entity: partner, president, director, manager, trustee, estate administrator or officer who consents to or knowingly tolerates violation (co-principal) (§30) or use of vehicle, etc, as instrument in importation, etc. (§30)  if committed by alien: deported immediately unless penalty is death (§31)  immunity from prosecution/punishment – any person who has violated §§7, 11, 12, 14, 15, 19 who voluntarily gives information about any violation of §§4, 5, 6, 8, 10, 13 and 16 as well as any violation of offenses mentioned if committed by drug syndicate, or any information of whereabouts, identities and arrest of such members; and who willingly testifies (§33)  accessory penalties (§35) Drug Rehabilitation

Voluntary Submission dependent who violated §15 may, by  drug himself/herself or thru his/her parent, spouse, guardian or relative within 4 th degree of consanguinity or affinity apply to Board for treatment and rehabilitation  not less than 6 mos. But not exceeding 1 year  if rehabilitated and exempt: see requirements below  if rehabilitated but not exempted from liability: charged under CDDA but placed on probation and undergo community service in lieu of imprisonment and/or fine nd commitment: charged  if not rehabilitated after 2 with violation of §15; if convicted, entitled to credit of period of confinement in rehabilitation Exemption from Criminal Liability under Voluntary Submission 1. complied with rules and regulations of center, applicable rules and regulations of board 2. never been charged or convicted under CDDA, DDA of 1972, RPC or any SPL 3. no record of escape from center, unless he did escape but surrendered within 1 week 4. poses no serious danger to self, family, community Compulsory Confinement  drug dependent, upon petition by Board or any person authorized by board, shall be confined for rehabilitation  suspension of proceedings and transmittal of record to Board: if drug dependent and offense charged is less than 6 years and 1 day  if rehabilitated: returned to court and prosecution shall be instituted or shall continue; in case of conviction: full credit of period in rehabilitation if he was in good behavior  if rehabilitation and offense is under §15 and accused not a recidivist: penalty deemed served in rehabilitation upon release therefrom Prescription  prescription of offense does not run while under rehabilitation Actions Taken Upon Minor Drug Violator 1. suspended sentence – first timer 2. probation or community service – first timer 3. service of sentence as any other convicted person – if violation of conditions of suspended sentence or rules and regulations Suspension of Sentence of First Time Minor Offender  over 15 at the time of commission but not more than 18 at the time when judgment should have been promulgated  conditions: 1) not previously convicted under CDDA, DDA, RPC, SPL 2) not been previously committed to rehabilitation


3) Board favorably recommends suspension of sentence 4) may be availed of only once  under 15 – PD 603 Limited Applicability of RPC GR: RPC not applicable Except: minor offenders – penalty imposable is RP to death if penalty prescribed is LI to death


TITLE VI: CRIMES AGAINST PUBLIC MORALS

1. 2. 3. 4.

Gambling and Betting Grave Scandal Immoral Doctrines and Indecent Shows Vagrants and Prostitutes Crime 200 Grave Scandal

201 Immoral Doctrines, Obscene Publications and Exhibitions, and Indecent Shows

202 Vagrants and Prostitutes

Elements

1. 2.

Offender performs an act(s) Auch act(s) be highly scandalous as offending against decency or good customs 3. The highly scandalous conduct is not expressly falling within any other article of this Code 4. Act or acts complained of be committed in a public place or within the public knowledge or view Publicity is essential Those Liable: 1. Those who shall publicly expound or proclaim doctrines openly contrary to public morals 2. Authors of obscene literature, published with their knowledge in any form, the editors publishing such literature; and the owners/operators of the establishment selling the same 3. Thos who, in theaters, fairs, cinematographs, etc., exhibit indecent or immoral plays, scenes, acts, etc. it being understood that the obscene literature or indecent or immoral lays, etc. whether in live or in file, which are proscribed by virtue hereof 4. Those who shall sell, give away, or exhibit films, prints, engravings, sculptors, etc. which are offensive to morals Vagrants: 1. Any person having no apparent means of subsistence, who has physical ability to work and who neglects to apply himself to some lawful calling 2. Any person found loitering about public or semi-public buildings or places, or tramping or wandering about the country or the streets without visible means of support 3. Any idle or dissolute person who lodges in houses of ill-fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person who, not being included in the provision of other articles of this Code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose 5. Prostitute – a woman who, for money or profit, habitually indulge in sexual intercourse or lascivious conduct

Grave Scandal  consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same  must be directed against sense of decency, not property  committed in public place or in public view Immoral Doctrines

Moral – conformity with the generally accepted standards of goodness or rightness in conduct or character Obscene – something offensive to chastity, decency, delicacy RA 3060 Public exhibition of motion picture not previously passed by Board of Censors Malum prohibitum

Article 201 Public showing of indecent or immoral plays, scenes, acts, or shows, not just motion pictures Malum in se

Vagrancy Variant Crimes in Loitering Vagrancy Trespass Property

to

Theft (Attempted, Frustrated or Consummated)

If estate is not enclosed or fenced, because privacy is not maintained in such case Estate or premises is uninhabited and there is manifest prohibition of the owner or overseer against entry Person enters fenced or enclosed estate without consent of owner or overseer to hunt, fish or gather plant products

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 18 of 41 do, in consideration of gift or promise

TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

1. 2. 3. 4. 5. 6. 7. 8.

Malfeasance and Misfeasance Bribery Frauds and Illegal Exactions and Transactions Malversation of Public Funds and Property infidelity in the Custody of Prisoners Infidelity in the Custody of Documents Revelation of Secrets Other offenses or Irregularities by public officers Crime

Elements

204 Knowingly Rendering Unjust Judgment 205 Rendering Judgment Thru Negligence 206 Rendering Unjust Interlocutor y Order

1. 2. 3. 4.

Offender is a judge; Renders a judgment Judgment is unjust Judge knows that his judgment is unjust

1. 2. 3. 4.

207 Malicious Delay in the Admin of Justice 208 Dereliction of Duty in Prosecution of Offenses

1. 2. 3. 4.

Offender is a judge; Renders a judgment Judgment is manifestly unjust Due to his inexcusable negligence or ignorance That the offender is a judge; That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree; or b. renders manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance That the offender is a judge That there is a proceeding in his court That he delays the administration of justice That the delay is malicious

209 Betrayal of Trust by an Attorney or Solicitor

210 Direct Bribery

1. 2.

Acts Punishable: 1. Maliciously refraining from institution prosecution against violators of the law 2. Maliciously tolerating the commission of offenses Elements : 1. Offender is a public officer who has a duty to cause the prosecution of, or to prosecute, offenses 2. Dereliction of duties – knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present – and act constituting a crime, in connection with the performance of his official duties 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty 3. By agreeing to refrain, or by refraining, from doing something which is his official duty to

211 Indirect Bribery 211-A Qualified Bribery

212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses

Elements: 1. Offender is a public officer 2. Offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. Such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. Crime or act which the offender agrees to perform or which he executes be connected with the performance of his official duties 1. Offender is a public officer 2. He accepts gifts 3. Gifts are offered to him by reason of his office 1. Public officer entrusted with law enforcement 2. Offender refrains from arresting or prosecuting an offender who has committed a crime punishable by RP and/or death 3. Offender refrains in consideration of any promise, gift or present 1. Offender offers or promises or gives gifts or presents to a public officer 2. Such are made under circumstances that will make public officer liable for direct or indirect bribery Acts Punishable: 1. Frauds against public treasury 2. Demanding an amount different from what the law authorizes to be collected 3. Voluntary failure to issue receipt 4. Collection of the nature of payment different from that required Elements of Frauds against Public Treasury: 1. Offender be public officer 2. Taken advantage of his office, that is, he intervened in the transaction in his official capacity 3. Entered into said agreement 4. Accused had intent to defraud the government

214 Other Frauds 215 Prohibited Transactions 216 Possession of Prohibited Interest by a Public Officer

Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. Offender is a public officer 2. He takes advantage of his official position 3. Commits any of the frauds or deceits (arts. 315-318) 1. Appointive public officer 2. He becomes interested, directly or indirectly, in any transaction of exchange or speculation 3. Within the territory subject to his jurisdiction 4. During his incumbency People Liable for Possession of Prohibited Interest: 1. Public officer who, directly or indirectly, became interested in any contract or business in which it was his official duty to intervene. 2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or ad udication of which the had acted

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 19 of 41 3.

217 Malversatio n of Public Funds or Property

218 Failure of Accountable Officer to Render Accounts

219 Failure to Render Accounts before Leaving the Country 220 Illegal Use of Public Funds or Property 221 Failure to Make Delivery of Public Funds or Property

222 Officers Included in the Preceding Provisions

223 Conniving with or Consenting to Evasion

Guardians and executors with respect to the property belonging to their wards or estate

Acts Punishable in Malversation: 1. By appropriating public funds or property 2. By taking or misappropriating the same 3. By consenting, or thru abandonment or negligence, permitting another to take funds or property 4. By being otherwise guilty of the misappropriation or malversation of such funds or property Elements Common to All Acts of Malversation: 1. Offender be a public officer 2. Custody or control of funds or property by reason of the duties of his office 3. Accountable public funds/property 4. Appropriated, took, misappropriated or consented or, thru abandonment or negligence, permitted another person to take them 1. Offender is a public officer, whether in the service or separated therefrom 2. Accountable officer for public funds or property 3. Required by law or regulation to render accounts to the COA, or to a provincial auditor 4. Failure to do so for a period of 2 months after such accounts should be rendered 1. Offender is a public officer 2. Accountable officer for public funds or property 3. Unlawfully left (or be on the point of leaving) RP without securing from COA a certificate showing that his accounts have been finally settled 1. Offender is a public officer 2. Public fund or property under his administration 3. Such has been appropriated by law or ordinance 4. He applies the same to a public use other than that for which such has been appropriated Acts Punishable: 1. By failing to make payment by public officer who is under obligation to make such payment from Government funds in his possession 2. By refusing to make delivery by a public officer who had been ordered by competent authority to deliver any property in his custody or under his administration Elements of Failure to Make Payment: 1. Public officer has gov’t funds in his possession 2. Under obligation to make payment from funds 3. He fails to make the payment maliciously Private Individuals who may be Liable (arts. 217221): 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property 2. Administrator or depository of funds or property, attached, seized or deposited by public authority, even if such property belongs to private individual 1. Offender is a public officer 2. He had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment 3. Such prisoner escaped from his custody 4. In connivance with prisoner in the latter’s

escape

224 Evasion Through Negligence

225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Concealment or Destruction of Documents 227 Officer Breaking Seal 228 Opening of Closed Documents 229 Revelation of Secrets by an Officer

230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience

Classes of Prisoners Involved: 1. Sentenced by final judgment 2. Detention prisoner 1. Offender is a public officer 2. Charged with conveyance or custody of a prisoner (detention prisoner or prisoner by final judgment) 3. Such prisoner escapes thru his negligence Liability of Escaping Prisoner: 1. Convict by reason of final judgment – Article 157 2. Detention Prisoner – no liability 1. Offender is a private person 2. Conveyance or custody of prisoner or person under arrest is confided to him 3. Prisoner or person under arrest escapes 4. Offender consents to escape, or that the escape takes place thru his negligence

1. 2.

Offender be a public officer He abstracts, destroys, conceals documents, papers 3. Said documents/papers entrusted to such public officer by means of his office 4. Damage, whether serious or not, to a third party or to the public interest should have been caused 1. Offender is a public officer 2. Charged with the custody of papers or property 3. Papers or property are sealed by proper authority 4. Breaks the seals or permits them to be broken 1. That offender is a public officer 2. That any closed papers, documents, or objects are entrusted to his custody 3. That he opens or permits to be opened said closed papers, documents or objects 4. That he does not have proper authority Elements of No. 1: 1. That the offender is a public officer 2. He knows a secret by reason of his official capacity 3. Revelation without authority or justifiable reasons 4. Damage be caused to public interest Elements of No. 2: 1. Offender is public officer who has charge of papers 2. Papers should not be published 3. Delivers papers or copies thereof to a 3rd person 4. Delivery is wrongful 5. Damage be caused to public interest 1. Offender is a public officer 2. He knows of the secrets of a private individual by reason of his office 3. He reveals secrets without authority or justifiable reason 1. 2. 3.

4.

That the offender is a judicial or executive officer That there is a judgment, decision or order of a superior authority That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obe

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 20 of 41 232 Disobedienc e to Order of Superior Officer, When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance

234 Refusal to Discharge Elective Office 235 Maltreatment of Prisoners

236 Anticipation of Duties of Public Office

1. 2. 3. 4. 5.

1. 2.

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

1. 2. 3. 4.

237 Prolonging Performance of Duties and Powers 238 Abandonment of Office or Position

239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions

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

Offender is a public officer Order is issued by his superior for execution He has for any reason suspended the execution of such order His superior disapproves the suspension Offender disobeys his superior despite the disapproval of the suspension

That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously Offender is elected by popular election Refuses to be sworn in or to discharge duties No legal motive for such refusal to be sworn in or to discharge the duties of said office Offender is a public officer or employee Has under his charge prisoner / detention prisoner Maltreats such prisoner in either of the ff manners: a. overdoing correction or handling either – i. imposition of punishments not authorized by the regulations, or ii. inflicting authorized punishments in a cruel and humiliating manner b. Maltreating prisoner to extort a confession or to obtain some information from the prisoner Offender is entitled to hold a public office or employment, either by election or appointment LAW requires that he should first be sworn in and/or should first give a bond Assumes performance of duties and powers He has not taken oath and/or given bond required Offender is holding a public office Period provided by law, regulations or special provisions for holding such office, has expired Continues to exercise duties and powers Offender is a public officer Formally resigns from his position Resignation has not yet been accepted Abandons his office to detriment of public service

Qualifying Circumstance: if done in order to evade discharge of duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order) 1. That the offender is a executive or judicial officer 2. That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof 1. That the offender is a judge 2. That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers 1. That the offender is an officer of the executive branch of the government 2. That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction

242 Disobeying Request for Disqualifica tion 243 Orders or Requests by Executive Officer to any Judicial Authority 244 Unlawful Appointments

245 Abuses Against Chastity

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

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

Offender is a public officer Proceeding is pending before public officer Question is brought before the proper authority regarding his jurisdiction, which is not yet decided Lawfully required to refrain from continuing That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice Offender is a public officer He nominates or appoints a person to public office Person lacks the legal qualifications therefore Offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment Offender is a public officer Solicits or makes immoral or indecent advances to a woman That such woman must be: a. Interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender

Public Officers 1. Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public functions or to perform public duties must be: b. by direct provision of the law, or c. by popular election d. by appointment by competent authority Malfeasance and Misfeasance  Misfeasance – improper performance of some act which might lawfully be done  Malfeasance – performance of an act which ought NOT to be done  Nonfeasance – omission of some act which ought to be performed Bribery Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which pertains to the official duty of the officer 2. In bribery, the offender refrained from doing his official duty in consideration of a gift received or


promised; while in crime of prevaricacion this element is NOT necessary Direct Bribery Distinguished from Indirect Bribery Direct Bribery agreement offender agrees to perform or performs an act or refrains from doing something, because of the gift or promise

Mere agreement consummates

Indirect Bribery no agreement it is NOT necessary that the officer should do any particular act or even promise to do any act, as it is enough that he accepts gifts offered Acceptance consummates crime

Crimes Committed when Act Constitutes a Crime and was Accomplished  direct bribery, in addition to crime brought about by act  There can be attempted corruption if public officer refused to be corrupted Qualified Bribery  Penalty must be RP or death or RP to death; if not, crime is dereliction of duties Frauds and Illegal Exactions and Transactions Illegal Exaction  If illegal amount is receipted: additional offense of malversation  Not applicable to BIR and customs officers Malversation of Public Funds or Property To be guilty, public officer must have: 1. Official custody of public funds or property or the duty to collect or receive funds due the government, and 2. Obligation to account for them to the government * accountable officer – otherwise, crime is estafa Presumption of Malversation Rule: when demand is made to account for funds and the same is not forthcoming Provided: no issue as to accuracy, correctness and regularity of audit findings and the fact that funds are missing is indubitably established Infidelity of Public Officers Revelation Distinguished from Infidelity: 1. Papers contain Secrets – revelation 2. Papers do not contain Secrets – Infidelity Infidelity in Custody of Document distinguished from Malversation and Falsification  Malversation and Falsification – when postmaster received money orders, signed as payee, collected and appropriated the respective amounts  Infidelity in Custody of Papers – when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit


TITLE VIII: CRIMES AGAINST PERSONS

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20.

Parricide Murder Homicide Death Caused in a Tumultous Affray Physical Injuries Inflicted in a Tumultous Affray Giving Assistance to Suicide Discharge of Firearms Infanticide Intentional Abortion Unintentional Abortion Abortion practiced by Woman Herself or her Parents Abortion Practiced by Physician or Midwife and Dispensing of Abortives Duel Challenging to a Duel Mutilation Serious Physical Injuries Administering Injurious Substances or Beverages Less Serious Physical Injuries Slight Physical Injuries and Maltreatment Rape Crime 246 Parricide

247 Death or Physical Injuries Inflicted Under Exceptional Circumstances

Elements

1. 2. 3.

1.

2.

3.

248 Murder

That a person is killed That the deceased is killed by the accused That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendent, or the legitimate spouse, of the accused That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted/facilitated prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse

249 Homicide

251 Death Caused in Tumultuous Affray

252 Physical Injuries Caused in Tumultuous Affray

253 Giving Assistance to Suicide 254 Discharge of Firearms 255 Infanticide 256 Intentional Abortion

Parricide is not punished with RP to Death: 1. Parricide committed thru negligence (Article 365) 2. Committed by mistake (Article 249) 3. Committed under exceptional circumstances 1. That a person was killed 2. That the accused killed him 3. That the killing was attended by any of the qualifying circumstances mentioned in Article 248 4. The killing is not parricide or infanticide Murder – unlawful killing of any person which is NOT parricide or infanticide, provided ff circumstances are present: 1. Treachery, taking advantage of superior strength, Aid of armed men, or Means to weaken defense, or means/persons to insure/afford impunity 2. In consideration of a price, reward or promise 3. Inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of airship, motor vehicles,

257 Unintentional Abortion 258 Abortion Practiced by the Woman Herself or b her

or any other means involving great waste and ruin 4. On occasion of any of the calamities enumerated in the preceding paragraph, or earthquake, volcanic eruption, destructive cyclone, great waste and ruin 5. Evident premeditation 6. Cruelty or outraging/scoffing at person or corpse 1. That a person is killed 2. Killing without justifying circumstances 3. Accused had intention to kill, which is presumed 4. Killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide 1. That there be several persons 2. Do not compose groups organized for assaulting and attacking each other reciprocally 3. Several persons quarreled and assaulted one another in a confused and tumultuous manner 4. That someone was killed in the course of the affray 5. Unascertained who actually killed deceased 6. Person(s) who inflicted serious physical injuries or who used violence can be identified 1. Tumultuous affray 2. Participant(s) suffer serious physical injuries or physical injuries of a less serious nature only 3. Person responsible therefore cannot be identified 4. That all those who appear to have used violence upon the person of the offended party are known Acts Punishable as Giving Assistance to Suicide: 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extend of doing the killing himself 1. Offender discharges a firearm against or at another person 2. Offender has no intention to kill that person 1. Child was killed 2. Child was less than 3 days (72 hours) of age 3. Accused killed the said child Ways of Committing Intentional Abortion: 1. Using any violence upon pregnant woman 2. Acting without violence, without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. Acting (by administering drugs or beverages), with the consent of the pregnant woman Elements: 1. That there is a pregnant woman 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman 3. That as a result, the fetus dies, either in the womb or after having been expelled therefrom 4. That the abortion is intended 1. That there is a pregnant woman 2. That violence is used upon such pregnant woman without intending an abortion 3. That the violence is intentionally exerted 4. That as a result, the fetus dies, either in the womb or after having been expelled therefrom 1. Pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the abortion is caused by: a. the pregnant woman herself b. an other erson with her consent

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 23 of 41 c.

Parents

259 Abortion Practiced by a Physician or Midwife and Dispensing of Abortives

260 Duel

261 Challenging to Duel

262 Mutilation

Elements for Physician or Midwife 1. Pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion 4. That said physician or midwife takes advantage of his or her scientific knowledge or skill Elements for Pharmacists: 1. That the offender is a pharmacist 2. No proper prescription from a physician 3. That the offender dispenses any abortive Acts Punishable in Duel: 1. By killing one’s adversary in duel 2. By inflicting upon such adversary physical injuries 3. By making a combat although no physical injuries have been inflicted Acts Punished under this Article: 1. Challenging another to a duel 2. Inciting another to give or accept challenge to duel 3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a duel 1. Intentionally mutilating another by depriving him, either totally or partially, of some essential organ for reproduction a. Castration (mutilation of organs necessary for generation such as a penis or ovarium) b. Mutilation caused purposely or deliberately, that is, to deprive the offended party of some essential organ for reproduction

2.

263 Serious Physical Injuries

264 Administering Injurious Substances or Beverages

any of her parents, with her consent, for the purpose of concealing her dishonor

Intentionally making other mutilation (by lopping or clipping off any part of the body of the offended party, other than essential organ for reproduction) to deprive him of that part of his body. Serious Physical Injuries: 1. When the injured person becomes insane, imbecile, impotent or blind in consequence of the physical injuries inflicted. 2. When the injured person (a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg, or (b) loses the use of any such member, or (c) becomes incapacitated for the work in which we were theretofore habitually engaged, in consequence of the physical injuries inflicted. 3. When the person injured (a) becomes deformed, or (b) loses any other member of his body, or (c) loses the use thereof, or (d) becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than 90 days, in consequence of the physical injuries inflicted. 4. When the injured person becomes ill or incapacitated for labor for more than 30 days (but must not be more than 90 days), as a result of the physical injuries inflicted. 1. That the offender inflicted upon another any serious physical injury 2. That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity 3. That he had no intent to kill

265 Less Serious Physical Injuries

266 Slight Physical Injuries and Maltreatment

266-A Rape 266-B Penalties

1. 2.

Other than less serious physical injuries and Incapacitated for labor for 10 days or more, or shall require medical attendance for the same period

Qualified Less Serious Physical Injuries 1. Paragraph 2: a. manifest intent to insult or offend victim b. circumstances adding ignominy to offense 2. Paragraph 3: a. the offender’s parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault Kinds of Slight Physical Injuries: 1. Physical injuries which incapacitated the offended party for labor from 1 to 9 days, or required medical attendance during the same period 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance 3. Ill-treatment of another by deed without causing any injury Paragraph 1: 1. Offender is a man 2. Offender had carnal knowledge of a woman 3. Such act is accomplished under any of the ff circumstance: a. by using force or intimidation; or b. when the woman is deprived of reason or otherwise unconscious; or c. by means of fraudulent machination or grave abuse of authority; or d. when the woman is under 12 years of age or demented Paragraph 2: 1. Offender commits an act of sexual assault 2. That the act of sexual assault is committed by any of the following means: a. by inserting his penis into another person’s mouth or anal orifice; or b. by inserting any instrument or object into the genital or anal orifice of another person 3. That the sexual act is accomplished under the circumstances mentioned in paragraph 1 Reclusion Perpetua to Death 1. use of deadly weapon or by 2 or more persons 2. victim has become insane Death Penalty 1. By reason or on occasion of the rape, a homicide is committed 2. Victim is under 18 and offender is parent, ascendant, stepparent, guardian, relative by consanguinity or affinity within 3 rd civil degree, or common-law spouse of the parent of victim 3. Victim is under custody of the police or military authorities or any law enforcement or penal institution 4. Rape is committed in full view of the husband, parent, any of the children or other relatives within the 3rd civil degree of consanguinity 5. Victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime 6. Victim is a child below 7 years of age. 7. Offender knows that he is afflicted with HIV/AIDS or any other STD and the virus or disease is transmitted to the victim.


266-C Effect of Pardon

266-D Presumptions

Committed by any member of AFP or paramilitary units thereof or the PNP or any law enforcement agency or penal institution, when offender took advantage of position to facilitate the commission of the crime 9. By reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability 10. Offender knew of the pregnancy of the offended party at the time of the commission of the crime 11. Offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime 1. Subsequent valid marriage between the offender and the offended party shall extinguish the criminal action or the penalty imposed. 2. In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action or the penalty 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving consent

Parricide, Murder, Homicide Parricide  Legitimate relationship except parent and child  Direct line only except spouse  Blood except for spouse Parricide Based on relationship Relatives enumerated

Conspiracy cannot be applied Separate informations necessary Conceal dishonor not mitigating

Infanticide Based on age of child Strangers or relatives * parricide yields to infanticide Conspiracy applicable Single information Conceal dishonor mitigating

Murder

Homicide

Persons Liable for Death in Tumultuous Affray: 1. Person(s) who inflicted the serious physical injuries 2. If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability Infanticide Infanticide – killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger Abortion Fetus is still drawing life from mother Umbilical cord not yet cut; or

Infanticide Victim is already a person

Umbilical cord is already cut and infant is still alive Intra-uterine life of less than 7 mos. and killed after 24 hours

Intra-uterine life of less than 7 mos. and is killed within 24 hours Killing by woman to conceal dishonor is extenuating

Duel Duel – formal or regular combat previously concerted between two parties in the presence of two or more seconds of lawful age on each side, who makes the selection of arms and fix all other conditions of the fight Persons Liable in Duel: 1. Person who killed or inflicted physical injuries upon his adversary, or both combatants in any other case, as principles 2. Seconds, as accomplices Physical Injuries

Use of Fire Separate crimes of Homicide and Arson Murder Arson aggravated by Homicide

Tumultuous Affray – the disturbance is caused by more than three persons who are armed or are provided with means of violence

To conceal killing As a means to kill Burn a house but there was a person who was killed Resorted to as a joke (Ppl v. Pugay)

Homicide  Homicide – unlawful killing of any person, which is neither parricide, murder nor infanticide  Accidental Homicide – death of a person brought about by a lawful act performed with proper care and skill, and without homicidal intent  Corpus Delicti – actual commission of the crime charged; means that the crime was actually perpetrated, and does not refer to the body of the murdered person Death or Physical Injuries in Tumultuous Affray

Serious Insanity, imbecility, impotence, blindness Loss of speech, hearing, smelling Loss of eye, hand, foot, arm, leg Incapacitated for work for which habitually engaged Deformation Lost any other part of body or use thereof Illness or incapacity for work habitually engaged for period of more than 90 days Injuries caused illness or incapacity for labor for more than 30 days not more than 90

Less Serious

Slight

Incapacitated for labor for 10 days or more but not more than 30 days

Incapacitated for labor from 1 to nine days or medical attendance for same period Do not prevent him from engaging in habitual work nor require medical

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 25 of 41 attendance Ill-treatment by deed without injury

Physical Injuries Distinguished from Attempted or Frustrated Homicide: a. In both, the offender inflicts physical injuries, however homicide may be committed, even if no physical injuries are inflicted b. There is no intent to kill in physical injuries Mutilation Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation – must have been caused purposely and deliberately 2. Physical Injuries – this intention is not present


TITLE IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16.

Kidnapping and Serious Illegal Detention Slight Illegal Detention Unlawful Arrest Kidnapping and Failure to Return a Minor Inducing a Minor to Abandon his Home Slavery Exploitation of Child Labor Services Rendered in Compulsion of Payment of Debt Abandonment of Persons in Danger and One’s Own Victim Abandoning a Minor Exploitation of Minors Qualified Trespass to Dwelling Other Forms of Trespass Grave Threats, Light Threats, Other Light Threats Grave Coercions, Light Coercions Discovery and Revelation of Secrets Crime

267 Kidnapping and Serious Illegal Detention

Elements

1. 2. 3. 4.

268 Slight Illegal Detention

1. 2.

269 Unlawful Arrest

1. 2.

3. 4.

3. 270 Kidnapping and Failure to Return a Minor 271 Inducing a Minor to Abandon His Home 272 Slavery 273 Exploitation of Child Labor 274 Services Rendered

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

1.

Offender is a private individual Kidnaps or detains another, or in any other manner deprives the latter of his liberty Act of detention or kidnapping must be illegal Any of the following circumstances are present: a. Lasts for more than 3 days or; b. Committed simulating public authority or; c. Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. Person kidnapped or detained is a minor (except when the accused is any of the parents ), female or a public officer. Offender is a private individual Kidnaps or detains another, or in any other manner deprives him of his liberty Act of kidnapping or detention is illegal Crime is committed without the attendance of any of the circumstances enumerated in Article 267 Offender arrests or detains another person Purpose: to deliver him to the proper authorities Arrest or detention is not authorized by law or there is no reasonable ground therefore That the offender is entrusted with the custody of a minor person (below 21 years of age) That he deliberately fails to restore the said minor to his parents or guardians That a minor is living in the home of his parents or guardian or person entrusted with his custody Offender induces said minor to leave such home Purchases, sells, kidnaps or detains a human being. Purpose: enslave such human being That the offender retains a minor in his service That it is against the will of the minor That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor That the offender compels a debtor to work for him, either as household servant or farm laborer

Under Compulsion in Payment

2. 3.

275 Abandonme nt of Persons in Danger and Abandonme nt of One’s Own Victim

Acts Punishable: 1. Failing to render assistance to any person whom offender finds in an uninhabited place wounded or in danger of dying when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense 2. Failing to help or render assistance to another whom the offender has accidentally wounded or injured 3. Failing to deliver a child, under 7 whom the offender has found abandoned, to the authorities or to his family, or by failing to take him to a safe place 1. That the offender has the custody of a child 2. That the child is under 7 years of age 3. That he abandons such child 4. No intent to kill child when the latter is abandoned

276 Abandoning a Minor

277 Abandonment of Minor by Person Entrusted with His Custody; Indifference of Parents 278 Exploitation of Minors 280 Qualified Trespass to Dwelling

That it is against the debtor’s will That the purpose is to require or enforce the payment of a debt

Qualifying Circumstances: 1. Death resulted from such abandonment, or 2. Life of minor was in danger because of abandonment Acts Punished: 1. By delivering a minor to a public institution or other persons without the consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities 2. By neglecting his (offender’s) children by not giving them the education which their station in life requires and financial condition permits

See RA 7610 and related laws

1. 2. 3.

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

Exceptions: 1. Made for the purpose of preventing some serious harm to himself, the occupants of the dwelling or a 3rd person 2. Purpose is to render some service to humanity or justice 3. Place where entrance is made is a café, tavern, inn, and other public houses, while the same are still open

281 Other Forms of Trespass

282 Grave Threats

* Qualifying Circumstance – violence or intimidation 1. Offender enters closed premises or the fenced estate of another 2. Entrance is made while uninhabited 3. That the prohibition to enter be manifest 4. No permission of the owner or the caretaker thereof Acts Punished: 1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even thought not unlawful, and the offender attained his purpose a. Offender threatens another with the infliction upon the latter’s person, honor or property, or upon that of the latter’s family, of any wrong b. Wrong amounts to a crime c. Demand for money or that any other condition is imposed, even though not unlawful d. Offender attains his purpose

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 27 of 41 2. 3.

283 Light Threats

285 Other Light Threats

286 Grave Coercions

287 Light Coercions

288 Other Similar Coercions

289 Formation, Maintenanc e, and Prohibition of Combination of Capital or Labor 290 Discovery of Secrets Thru Seizure of Correspondence

By making threat without attaining his purpose By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition a. Offender threatens another with the infliction upon the latter’s person, honor, or property, or upon the latter’s family, of any wrong b. Wrong amounts to a crime c. Threat is not subject to a condition 1. Offender makes a threat to commit a crime 2. Wrong does not constitute a crime 3. Demand for money or that other condition is imposed, even though not lawful 4. Offender has attained or not attained his purpose 1. Threatening another with a weapon, or by drawing such weapon in a quarrel, unless in lawful self-defense 2. Orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat 3. Orally threatening to do another any harm not constituting a felony Ways to Commit: 1. By preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law 2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be right or wrong Elements: 1. Person prevented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong 2. Prevention or compulsion be effected by violence, threats or intimidation 3. Person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in exercise of lawful right 1. Offender must be a creditor 2. He seizes anything belonging to his debtor 3. Seizure of thing accomplished by means of violence or a display of material force producing intimidation 4. Purpose: apply the same to the payment of the debt 1. Forcing/compelling, directly/indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind 2. By paying wage due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee 1. That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal exercise of their industry or work 2. That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers

1. 2. 3. 4.

Offender is a private individual or even a public officer not in the exercise of his official functions He seizes the papers or letters of another Purpose: to discover secrets of such another person Offender is informed of the contents

Exception: parents, guardians, or persons entrusted with the custody of minors (papers or letters of the children or minors), or to spouses with respect to the papers or letters of either of them

291 Revealing Secrets with Abuse of Office 292 Revelation of Industrial Secrets

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

Offender is a manager, employee or servant Learns of the secrets of his principal or master in such capacity Reveals such secrets Offender is person in charge, employee or workman of a manufacturing or industrial establishment Manufacturing or industrial establishment has a secret of the industry which the offender has learned Offender reveals such secrets Prejudice is caused to the owner

Illegal Detention Special Complex Crimes * Effectively eliminated distinction drawn by courts between those cases where the killing, rape or physical injuries was purposely sought by the accused, and those where the same was not deliberately resorted to but was merely an afterthought Kinds Kidnapping with homicide Not separate crimes in themselves but circumstances Kidnapping with rape Kidnapping with physical which convert kidnapping into special complex crime injuries * this rule applicable only if kidnap victim was killed, raped or tortured * if 3 rd person killed, raped or tortured, there will be 2 separate offenses * intent is determinative of the special complex crime – if intent from the very beginning is to kill, rape or torture – crime is not kidnapping but murder/homicide, rape, physical injuries Kidnapping with Rape Composite if woman kidnapped is also raped At the outset, no lewd design Rape is qualifying circumstance Only 1 kidnapping with rape, even if multiple rapes committed If merely attempted rape: 2 separate crimes: Kidnapping and Attempted Rape

Forcible Abduction with Rape Complex under art. 48

At the outset, lewd design Rape is also a crime Only one rape complexed, all other rapes are separate crimes

Kidnapping Intent to deprive liberty/restrain

Grave Coercion Mere curtailment of freedom of movement

If merely attempted rape, only one crime: Forcible Abduction

Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention Distinguishing Article 267 and Article 270: 1. Article 267 – offender is not entrusted with custody 2. Article 270 – offender is entrusted with custody of minor Slavery and Kidnapping/Illegal Detention Distinguished: a. Slavery – purpose is to enslave victim


b. Kidnapping or Illegal Detention – any other purpose Trespass to Dwelling Dwelling Place – any building or structure exclusively devoted for rest and comfort Trespass to Dwelling Trespass to Property Theft Vagrancy

Inhabited Uninhabited, clear or manifest prohibition Purpose: fish, harvest, gather If property not fenced, no prohibition to enter

Unjust vexation or light coercion Robbery Threat Coercion

Intimidation immediate but conditional coupled with demand for money or any consideration ; intent to gain Future and conditional Direct, immediate and personal or serious enough; no intent to gain


TITLE X: CRIMES AGAINST PROPERTY

2.

1.

Robbery with Violence Against or Intimidation of Persons 2. Robbery by the Use of Force upon Things 3. Brigandage 4. Theft 5. Usurpation 6. Culpable Insolvency 7. Swindling and Other Deceits 8. Chattel Mortgage 9. Arson and Other Crimes Involving Destruction 10. Malicious Mischief Crime

Elements

293 Who are Guilty of Robbery

Classification : 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House, Public Building or Edifice devoted to Public Worship b. Robbery in Uninhabited House or in a Private Building

294 Robbery with Violence Against or Intimidation of Persons

Elements of Robbery in General: 1. Personal property belonging to another 2. Unlawful taking of that property 3. Taking must be with intent to gain 4. Violence against or intimidation of any person, or force upon anything Acts Punished: 1. By reason or on occasion of robbery, homicide is committed, or is accompanied by rape or intentional mutilation or arson 2. By reason or on occasion of such robbery, any of the serious physical injuries, ¶ 1 is committed 3. By reason or on occasion of such robbery, any of serious physical injuries, ¶ 2 is committed 4. If violence or intimidation employed in the robbery is carried to a degree clearly unnecessary or in the course of its execution, offender shall have inflicted upon any person not responsible for the robbery any of the physical injuries in serious physical injuries, ¶¶ 3 and 4. 5. If violence employed does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only Distinctions Between Effects of Employment of VAIAP and those of use FUT: 1. Whenever violence against or intimidation of any person is used, the taking is always robbery; If there is no violence or intimidation, but only FUT, taking is robbery if force is used to either enter building or to break doors, etc. 2. In RVAIP, value of personal property is immaterial; penalty depends on: a. result of violence used b. existence of intimidation only 3. In RFUT, the penalty is based on: a. Value of property taken b. On whether or not the offenders carry arms 4. In RFUT in an uninhabited building, the penalty is based on the value of the property taken Requisites of Robbery under Second Case of ¶ 4: 1. Ph sical in uries defined in ¶¶ 3 and 4 of Art.

263 was inflicted in the course of the robbery Inflicted upon any non-robber

RVAIP under Paragraph 5 of Art. 294: called Simple Robbery, because the violence does not result in a special complex crime Threats to Extort Money Distinguished from RVAIP: 1. Both, there is intimidation by offender 2. Both, purpose is identical: to obtain gain 3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or future 4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 5. In robbery, intimidation is directed only to victim; In threats, intimidation may refer to person, honor or property of offended party or that of his family 6. In robbery, gain of culprit is immediate; in threats, gain is not immediate RVAIP Distinguished from Grave Coercion: 1. Both, there is violence used by offender 2. In robber, there is intent to gain; in grave coercion, there is not such element

295 Robbery with Physical Injuries, committed Uninhabited Place and by a band, or use of Firearm 296 Definition of a Band and Penalty Incurred

297

298 Execution of Deeds thru Violence/ Intimidation

Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property; Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering passengers’ compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms Outline: 1. Band – at least 4 armed malefactors take part in robbery 2. Any arms is unlicensed – penalty upon ALL the malefactors shall be maximum period of corresponding penalty provided by law 3. Any member present at the robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same Requisites for Liability: 1. Member of the band 2. Present at commission of a robbery by that band 3. Other members of the band committed an assault 4. He did not attempt to prevent the assault Attempted and Frustrated Robbery Committed Under Certain Circumstances: If a homicide is committed, punishable by RT max to RP, unless homicide committed deserved a higher penalty 1. That the offender has intent to defraud another 2. That the offender compels him to sign, execute, or deliver any public instrument or document


299 Robbery in Inhabited House or Public Building or Edifice Devoted to Worship

300 Robbery in Uninhabited Place and by a Band 301 Definitions

302 Robbery in an Uninhabited Place or in a Private Building

Compulsion is by means of violence or intimidation

RFUT Subdivision (a): 1. Offender entered (a) inhabited house, (b) public building, (c) edifice devoted to religious worship 2. Entrance was effected by any of the ff means: a. Opening not intended for entrance/egress, or b. Breaking any wall, roof, or floor or breaking any door or window, or c. Using false keys, picklocks, similar tools, or d. Using fictitious name or pretending the exercise of public authority 3. Once inside building, the offender took personal property belonging to another with intent to gain RFUT Subdivision (b): 1. Offender is inside dwelling house, public building, or edifice devoted to religious worship, regardless of the circumstances under which he entered it; 2. Offender takes personal property belonging to another, with intent to gain, under any of the following circumstances: a. Breaking doors, wardrobes, chests, or other locked or sealed furniture or receptacle b. Taking such furniture or objects away to be broken or forced open outside the place of the robbery Distinction between 2 Classes of Robbery as to their Being Qualified: 1. RFUT – to be qualified, must be committed in an uninhabited place AND by a band 2. RVAIP – to be qualified, must be committed in an uninhabited place OR by a band Inhabited House – any shelter, ship or vessel constituting the dwelling or one or more persons even though the inhabitants thereof are temporarily absent there from when the robbery is committed Dependencies – are all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the building or edifice, having an interior entrance connected therewith, and which form part of the whole Not Included as Dependencies – orchards or other lands used for cultivation or production are not included in the terms of the next preceding paragraph, even if closed, contiguous to the building, and having direct connection therewith Public Building – every building owned by the government or belonging to a private person but used or rented by the government, although temporarily unoccupied by the same 1. Offender entered an uninhabited house or building which was not dwelling house, public building, nor edifice devoted to religious worship 2. Any of the following circumstances was present: a. Entrance was effected thru an opening not intended for entrance or egress b. Wall, roof, outside door/window was broken c. Entrance was effected thru the use of false keys, picklocks, or other similar tools d. A door, wardrobe, chest or any sealed or closed furniture or receptacle was broken e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere

3.

303 304 Possession of Picklocks or Similar Tools 305 False Keys

306 Who are Brigands – Penalty

That with intent to gain, the offender took there from personal property belonging to another

Robbery of Cereals, Fruits or Firewood Cases enumerated in Article 299 to 302

1.

That the offender has in his possession picklocks or similar tools 2. That such picklocks or similar tools are specially adopted to the commission of robbery 3. No lawful cause for such possession 1. Tools mentioned in the next preceding article 2. Genuine keys stolen from the owner 3. Any keys other than those intended by the owner for use in the lock forcibly opened by the offender Brigandage – crime committed by 4 or more armed persons who form a band of robbers for the purpose of committing robbery in highway or kidnapping persons for extortion or to obtain ransom, or for any other purpose to be attained by means of force and violence Elements: 1. There be at least 4 armed persons 2. They formed a band of robbers 3. The purpose is any of the following: a. To commit robbery in the highway b. To kidnap persons for extortion or ransom c. To attain by means of force and violence any other purpose

307 Aiding and Abetting A Band of Brigands

308 Who are Liable for Theft

Brigandage and Robbery in a Band Distinguished: 1. Both require offenders to form a band 2. Brigandage – purpose is any of the 3 in Article 306; Robbery in a Band – purpose is only to commit robbery, not necessarily on the highway 3. Brigandage – mere formation of a band for any of the purposes mentioned is sufficient; Robber in a Band – necessary to prove band actually committed robbery, as a mere conspiracy is not punishable 1. Band of brigands 2. Offender knows the band to be of brigands 3. That the offender does any of the following acts: a. In any manner aids, abets or protects such band of brigands; or b. Gives information of the movements of police or other peace officers of the government c. Acquires/receives property taken by brigands Theft – committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent 1. Having found lost property, shall fail to deliver the same to the local authorities or to its owner; 2. After having maliciously damaged the property of another, shall remove or make use of the fruits or object of the damage caused by him; and 3. Enter an enclosed estate or a filed where trespass is forbidden or which belongs to another and without the consent of its owner, shall hunt or fish upon the same or shall gather fruits, cereals, or other forest or farm products Elements:

Rose Rayco’s 2006 Bar Memory Aid (Criminal Law - Book 2) Page 31 of 41 1. 2. 3. 4. 5.

310 Qualified Theft

PD 1612 AntiFencing Law

311 312 Occupation of Real Property or Usurpation of Real Rights in Property

Taking of personal property Property belongs to another Taking be done with intent to gain ( animus lucrandi ) Taking be done without the consent of the owner Taking accomplished without violence against or intimidation of persons or force upon things

Stages of the Crime: 1. Theft is consummated a. when offender is able to place thing taken under his control and in such a situation where he could dispose it at once; or b. when offender had full possession of thing, even if he did not have opportunity to dispose the same 2. Conflicting Rulings a. People vs. Dino – frustrated theft when truck loaded with stolen boxes of rifles was discovered at checkpoint b. People vs. Espiritu – consummated theft when hospital linen was found at checkpoint 3. Explanation: a. Dino Case – frustrated because determinative fact to determine consummation is ability to dispose freely, even if it were more or less momentarily; should only be applied to theft of bulky goods b. Espiritu Case – consummated because they were able to take or get hold of linen Theft is Qualified if: 1. Theft is committed by domestic servant 2. Theft is committed with grave abuse of confidence 3. Property stolen is a (a) motor vehicle, (b) mail matter, or (c) large cattle (*note Cattle Rustling) 4. Property stolen consists of coconuts taken from the premises of a plantation 5. Property stolen is fish taken from fishpond/fishery 6. Property taken is on occasion of fire, earthquake, typhoon, volcanic eruption, or any other calamity, vehicular accident or civil disturbance 1. Crime of robbery or theft has been committed 2. Accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime 3. Accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft 4. There is, on the part of the accused, intent to gain fro himself or for another Theft of Property of National Library and National Museum Acts Punishable: 1. By taking possession of any real property belonging to another by means of violence against or intimidation of persons 2. By usurping any real rights in property belonging to another by means of violence against or intimidation of persons Elements : 1. That the offender takes possession of any real

property or usurps any real rights in property That the real property or real rights belong to another 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property 4. That there is intent to gain Altering Boundaries or Landmarks 1. That the offender is a debtor, that is, he has obligations due and payable 2. That he absconds with his property 3. That there be prejudice to his creditors 2.

313 314 Fraudulent Insolvency

315 Swindling (Estafa)

Distinguished from Insolvency Law: a. Insolvency Law – requires application that the criminal act should have been committed after institution of criminal proceedings b. Article 314 – there is no such requirement, and it is not necessary that defendant should have been adjudged bankrupt or insolvent Elements of Estafa in General: 1. Accused defrauded another (a) by abuse of confidence or (b) by means of deceit; and 2. Damage/prejudice capable of pecuniary estimation is caused to the offended party or 3rd person Ways of Committing Estafa: 1. With unfaithfulness or abuse of confidence 2. By means of deceit: a. By means of false pretenses or fraudulent acts b. Thru fraudulent means Unfaithfulness or Abuse of Confidence: 1. First Form a. Offender has an onerous obligation to deliver something of value b. He alters its substance, quantity or quality c. Damage or prejudice is caused to another

2.

Second Form a. Money, goods, or other personal property be received by offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same b. Misappropriation/conversion of such money or property by offender, or denial on his part of such receipt c. That such misappropriation or conversion or denial is to the prejudice of another d. That there is demand made by the offended party to the offender

3.

Undue advantage of Signature in Blank a. Paper with the signature of the offended party be in blank b. Offended party should have delivered it to the offender c. Above the signature of offended party a document is written by the offender without authority to do so d. Document so written creates a liability of, or causes damage to offended or any 3 rd person

False Pretense or Fraudulent Acts a. False pretense, fraudulent fraudulent means b. False pretense, fraudulent

act

or

act

or


c.

d. -

1.

2. 3.

4.

5.

316 Other Forms of

fraudulent means must be made or executed prior to or simultaneously with commission of the fraud Offended party must have relied on the false pretense, fraudulent act, or fraudulent means, (induced to part with his money or property) Damage

executed prior to or simultaneously with the commission of the fraud: By using fictitious name, or falsely pretending to possess power, influence, qualifications, property, credit, agency, business or imaginary transactions, or by means of other similar deceits. By altering the quality, fineness or weight of anything pertaining to his art or business. By pretending to have bribed any Government employee, without prejudice to the action for calumny which the offended party may deem proper to bring against the offender. In this case, the offender shall be punished by the maximum period of the penalty. By post-dating a check, or issuing a check in payment of an obligation when the offender therein were not sufficient to cover the amount of the check. The failure of the drawer of the check to deposit the amount necessary to cover his check within three (3) days from receipt of notice from the bank and/or the payee or holder that said check has been dishonored for lack of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or fraudulent act. a. The offender postdated a check, or issued a check in payment of an obligation b. Such postdating or issuing a check was done when the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the amount of the check Fifth Paragraph a. Obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding house, lodging house or apartment house without paying therefore, with intent to defraud the proprietor or manager thereof b. Obtaining credit any of said establishments by the use of false pretenses; or c. Abandoning or surreptitiously removing any part of his baggage from any of said establishments after obtaining credit, food, refreshment or accommodation therein, without paying therefore

Through any of the following fraudulent means: 1. Inducing the Signing of any Document. a. Induced offender party to sign a document b. Deceit be employed to make him sign c. Offended party personally signed document d. Prejudice was caused 2. By resorting to some fraudulent practice to insure success in a gambling game. 3. Concealment of Records a. A court record, office files, documents or any other papers b. Offender removed, concealed or destroyed any of them c. Offender had intent to defraud another Other Forms of Swindling: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber

Swindling

317 Swindling a Minor

318 Other Deceits

319 Removal, Sale or Pledge of Mortgaged Property

or mortgage the same. a. Thing be immovable b. Offender who is not owner of said property should represent that he is the owner thereof c. Offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the real property) d. To the prejudice of the owner or a 3rd person 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. a. Thing disposed of be real property b. Offender knew that real property was encumbered, whether recorded or not c. Express representation by the offender that the real party is free from encumbrance d. Damage 3. Owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. a. Offender is the owner of personal property b. Property is in lawful possession of another c. Offender wrongfully takes it from its lawful possessor d. Prejudice is caused to possessor or 3 rd person 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Surety a. Offender is a surety in bond given in a criminal or civil action b. Guaranteed the fulfillment of such obligation with his real property or properties c. He sells, mortgages, or, in any other manner encumbers said real property d. Such sale, mortgage, or encumbrance is (a) without express authority from the court, or (b) made before the cancellation of his bond, or (c) before being relieved from the obligation contracted by him 1. Offender takes advantage of the inexperience or emotions or feelings of a minor 2. Induces such minor (a) to assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right 3. Consideration is (a) some loan of money, (b) credit or (c) other personal property 4. Transaction is to the detriment of such minor Other Deceits: 1. Defrauding or damaging another by any other deceit not mentioned in the preceding articles 2. Interpreting dreams, by making forecasts, by telling fortunes, or by taking advantage of the credulity of the public in any other similar manner, for profit or gain Acts Punishable: 1. By knowingly removing any personal property mortgaged under the Chattel Mortgage Law to any province or city other than the one in which it was located at the time of execution of the mortgage, without the written consent of the mortgagee or his executors, administrators or assigns 2. By selling or pledging personal property already pledged, or nay part thereof, under the terms of the Chattel Mortgage Law,


320-326B 327 Who Are Liable for Malicious Mischief

328 Special Cases of Malicious Mischief (Qualified Malicious Mischief)

329 330 Damage and Obstruction to Means of Communica tion 331 Destroying/ Damaging Statues, Public Monuments, or Paintings 332 Persons Exempt from Criminal Liability

without the consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds of the province where such property is located Repealed by PD 1613 Amending the Law on Arson 1. Offender deliberately caused damage to the property of another 2. Such act does not constitute arson or other crimes involving destruction 3. The act of damaging another’s property be committed merely for the sake of damaging it. (presupposes that the offender acted due to hate, revenge or other motive) Special Cases of Malicious Mischief: 1. Causing damage to obstruct the performance of public functions 2. Using any poisonous or corrosive substance 3. Spreading any infection or contagion among cattle 4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public Other Mischiefs Penalties range according to value of damage Electric wires, traction cables, signal system, and other things pertaining to railways, shall be deemed to constitute an integral part of a railway system 1. 2.

Destroy or damage statues or any other useful or ornamental public monuments Destroy or damage any useful or ornamental painting of a public nature

Exemptions: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line 2. Widowed spouse with respect to property which belonged to the deceased spouse before the same shall have passed into the possession of another a. Property belongs to deceased spouse b. Not passed into the possession of a 3rd person 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together Exception: not applicable to strangers participating in the commission of the crime


TITLE XI: CRIMES AGAINST CHASTITY

1. 2. 3. 4. 5. 6. 7. 8. 9. 10.

Adultery Concubinage Acts of Lasciviousness Qualified Seduction Simple Seduction Acts of Lasciviousness with Consent Corruption of Minors White Slave Trade Forcible Abduction Consented Abduction Crime

333 Who are Guilty of Adultery 334 Concubinage

336 Acts of Lasciviousn ess

337 Qualified Seduction

Elements

1. 2.

Woman is married Sexual intercourse with a man not her husband 3. That as regards the man with whom she has sexual intercourse, he must know her to be married Ways of Committing Crime: 1. By keeping a mistress in the conjugal dwelling; or 2. By having sexual intercourse, under scandalous circumstances, with a woman not his wife; or 3. By cohabiting with her in any other place Elements : 1. That the man must be married 2. That he committed any of the said acts 3. That as regards the woman, she must know him to be married Elements: 1. Any act of lasciviousness or lewdness 2. Against a person of either sex 3. Done under any of the following circumstances: a. By using force or intimidation b. When offended party is deprived of reason or otherwise unconscious c. By means of fraudulent machination or grave abuse of authority d. When offended party is under 12 years of age or is demented Two Classes: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as, a person in authority, priest, teacher, etc. a. Offended party is a virgin, which is presumed if she is unmarried and of good reputation b. Over 12 and under 18 years of age c. Offender has sexual intercourse with her d. Abuse of authority, confidence or relationship on the part of the offender 2. Seduction of a sister by her brother, or descendant by ascendant, regardless of her age or reputation

Offenders in qualified seduction: a. Those who abused their authority: person in public authority, guardian, teacher, person who, in any capacity, is entrusted with the education or custody of the woman seduced b. Those who abused confidence reposed in them: priest, house servant, domestic c. Those who abused their relationship: brother who seduced his sister, ascendant who seduced his descendant

338 Simple Seduction 339 Acts of Lasciviousn ess with Consent of Offended Party 340 Corruption of Minors 341 White Slave Trade 342 Forcible Abduction 343 Consented Abduction 344 Prosecution of Crimes of Adultery, Concubinage, Abduction, Rape, and Acts of Lasciviousness

345 Civil Liability of Persons Guilty of Crimes Against Chastity 346 Liability of Ascendants, Guardians, Teachers or Other Persons Entrusted with Custody

1.

Offended party is over 12 and under 18 years of age 2. Of good reputation, single or widow 3. Offender has sexual intercourse with her 4. Committed by means of deceit 1. Offender commits acts of lasciviousness 2. Committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age 3. Offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit 1. Offender is person under age 2. Person promotes or facilitates prostitution or corruption of person under age 3. Purpose is to satisfy lust of another Acts Penalized: 1. Engaging in business of prostitution 2. Profiting by prostitution 3. Enlisting services of women for prostitution 1. Person abducted is any woman, regardless of her age, civil status, or reputation 2. Abduction is against her will 3. Abduction is with lewd designs 1. Offender must be a virgin 2. Over 12 and under 18 years of age 3. Taking away must be with her consent after solicitation or cajolery from the offender 4. Taking away must be with lewd designs 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended party 2. Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by: a. Offended party, b. Her parents, c. Grandparents, or d. Guardians Pardon 1. Adultery or Concubinage – bars prosecution of crime effective if made: a. Before institution of the criminal action, and b. Both offenders must be pardoned by both parties 2. Acts of Lasciviousness, Seduction and Abduction – bars prosecution of crime a. must be EXPRESS b. Before the institution of criminal action Seduction or Abduction: 1. To indemnify the offended woman 2. To acknowledge offspring, unless the law should prevent him form doing so 3. In every case, to support the offspring

Adultery or Concubinage Indemnify damages caused to offended spouse Persons Liable cooperate as accomplices but are punished as principals: 1. Ascendants 2. Guardian 3. Curators 4. Teachers, and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship


TITLE XII: CRIMES AGAINST THE CIVIL STATUS OF PERSONS Crime

Elements

347 Simulation of Births

Acts Punished: 1. Simulation of births 2. Substitution of one child for another 3. Concealing or abandoning any legitimate child with intent to cause such child to lose its civil status a. Child must be legitimate (and a fully developed and living being) b. Offender conceals or abandons such child c. Offender has the intent to cause such child to lose its civil status Usurpation of Civil Status: when a person represents himself to be another and assumes filiation or parental or conjugal rights of such another person

348 Usurpation of Civil Status

349 Bigamy

Qualifying Circumstance: purpose of defrauding offended party or heirs 1. That the offender has been legally married 2. That the marriage has not been legally dissolved or, in case his or her spouse is absent, the absent spouse could not yet be presumed dead according to the CC 3. That he contracts a second or subsequent marriage 4. That the second or subsequent marriage has all the essential requisites for validity Differentiate Concubinage from Bigamy: 1. Bigamy is an offense against the civil status which may be prosecuted at the instance of the State; Concubinage is a crime against chastity and may be prosecuted only at the instance of the offended party 2. Bigamy is characterized by the celebration of the 2nd marriage with the first still existing; Concubinage is characterized by mere cohabitation of the husband with a woman

350 Marriage Contracted Against Provision of Law 351 Premature Marriages

352 Performance of Illegal Marriage Ceremony

1. 2.

That the offender contracted marriage That he knew at the time that: a. requirements of law not complied with; or b. the marriage was in disregard of a legal impediment

Persons Liable: 1. A widow who married within 301 days from the date of the death of her husband, or before having delivered if she is pregnant at the time of his death 2. A woman, who, her marriage having been annulled or dissolved, married before her delivery or before the expiration of the period of 301 days after the date of legal separation Persons Liable: Priests or ministers of any religious denomination or sect, or civil authorities


TITLE XIII: CRIMES AGAINST HONOR Crime 353-355 Libel by Means of Writing or Similar Means

Elements

1. 2. 3. 4. 5.

Imputation of crime, vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance Imputation must be made publicly Malicious Natural or juridical person, or one who is dead Imputation must tend to cause the dishonor, discredit or contempt of the person defamed.

Defamatory Imputation: imputation may cover: 1. Crime allegedly committed by the offended party 2. Vice or defect, real or imaginary, of offended party 3. Any act, omission, condition, status of, or circumstances relating to the offended party

Libel – public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead

354 Requiremen t for Publicity

Imputation – sufficient if it causes: 1. Dishonor (disgrace/shame/ignominy); 2. Discredit (loss of credit/reputation, disesteem); or 3. Contempt (state of being despised) of natural or juridical person; or 4. Blacken memory of one who is dead Malice is Not Presumed in the Following: 1. Private communication made by person to another in performance of any legal, moral or social duty a. Person who made communication had a legal, moral or social duty to make communication, or, at least, he had an interest to be upheld b. The communication is addressed to an officer or a board, or superior, having some interest or duty in the matter c. The statements in the communication are made in good faith without malice (in fact)

Prohibiting Publication of Acts Referred to in the Course of Official Proceedings 358 Slander

359 Slander by Deed

360 Persons Responsible

361 Proof of Truth

Fair and True Report a. That it is a fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative, or other official proceedings which are not of confidential nature, or of any statement, report, or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions b. That it is made in good faith c. That it is without comments or remarks writing, printing, Libel May be Committed: lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means Acts Punished: 1. By threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family 2. By offering to prevent the publication of such libel for compensation, or money consideration

1.

That the offender is a reporter, editor or

3.

manager of a newspaper daily or magazine That he publishes facts connected with the private life of another That such facts are offensive to the honor, virtue, and reputation of said person

Slander – oral defamation Two Kinds: 1. Simple Slander 2. Grave Slander 1. That the offender performs any act not included in any other crime against honor 2. That such act is performed in the presence of other person or persons 3. That such act casts dishonor, discredit or contempt upon the offended party Slander by Deed – crime against honor which is committed by performing any act which casts dishonor, discredit, or contempt upon another person

2.

355 Libel By Means of Writings or Similar Means 356 Threatening to Publish and Offer to Prevent Such Publication 357

2.

362 Libelous Remarks

Kinds of Slander 1. Simple Slander by Deed 2. Grave Slander by Deed 1. Person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means 2. The author or editor of a book or pamphlet 3. The editor or business manager of a daily newspaper magazine or serial publication 4. The owner of the printing plant which publishes a libelous article with his consent and all other person who in any way participate in or have connection with its publication Venue when one is a public officer 1. With office in Manila – CFI of Manila or city; or province where the libelous article is printed and first published 2. Does not hold office in Manila – CFI of province or city where he held office at time of commission of offense; or where printed and first published Proof of Truth is Admissible in any of the Following: 1. When the act or omission imputed constitutes a CRIME regardless of whether the offended party is a private individual or a public officer 2. When the offended party is a government employee, even if the act or omission imputed does not constitute a crime, provided, it is related to the discharge of his official duties.

Requisites of Defense of Defamation: 1. “If it appears that the matter charged as libelous is true” – proof of truth in defamation is limited to: a. Act or omission constituting a crime b. Act or omission of a public officer which, although not constituting a crime, is related to the discharge of his duties 2. “It was published with good motives” – court shall determine this by taking into consideration intention and other circumstances of each particular case 3. “And for justifiable ends” Libelous Remarks or comments connected with the matter privileged under the provisions of Article 354, if made with malice, shall NOT exempt the author thereof nor the editor or managing editor of a newspaper from criminal liability.

Criminal Law II Bar Memory Aid

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