TITLE ONE I. CRIMES AGAINST NATIONAL SECURITY
Article 114 •
ELEMENTS OF TREASON:
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That the the offender offender owes owes allegiance allegiance to the the Government Government of the the Philippin Philippines es That there there is is a war in which which the the Philippi Philippines nes is involved involved That That the the off offen ende derr eith either er – Levies Levies war war again against st the the gover governme nment, nt,
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bree breech ch of of alle allegi gian ance ce acta actall asse assemb mbli ling ng of men men for the the prpos prposee of e!ect e!ecting ing a reaso reasonab nable le design design bree breech ch of of alle allegi gian ance ce adherence giving giving aid or comf comfort ort to the the enem enem$ $
". %dheres %dheres to the enemies, enemies, giving giving them them aid and comfo comfort rt •
&a$s &a $s of proving treason'
1. 2 witne witnesses sses testi testif$ f$ing ing to to same same overt overt act act Example' Example' ( saw arms landed in La )nion and loaded into a motor vehicle. %t this stage, not sfficient to convict $et. * later saw the arms ar ms nloaded in a warehose. &ill &ill ( + * be sfficient witnesses to convict %nswer' -. /ecase the law re0ires that 2 witnesses see the % 5T %6T. 2. 6onfession 6onfession of the the accsed accsed in open open cort. cort. %rraign %rraignment, ment, pre7tria pre7trial, l, trial – 8. 8. 1. 9f he has pleaded pleaded -T -T gilt$ gilt$ alread$ alread$ dring dring arraignm arraignment, ent, he can can still confess confess in open cort b$ stating the particlar acts constitting treason. 2. :ring :ring trial, trial, simpl$ simpl$ sa$ing sa$ing ;9
if the accsed accsed nderstands his plea. bmission of affidavit dring trial, even if assisted b$ consel is not enogh. •
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Treason' breach of allegiance to the government, committed b$ a person who owes allegiance to it. %llegiance' obligation of fidelit$ and obedience. 9t is permanent or temporar$ depending on whether whether the person is a citi?en or an alien. vident premeditation, sperior strength and treacher$ are circmstances inherent in treason, and are, therefore, not aggravating.
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Treason cannot be committed in times of peace, onl$ in times of war – actal hostilities. /t no need for declaration of war Lev$ing of war' a@ that there be an actal assembling of menA b@ for the prpose of e!ecting a treasonable design b$ force Bdeliver the contr$ in whole or in part to the enem$@
Not Tr Treasonos easonos:: 1. %cceptance %cceptance of pblic pblic office office and and discharge discharge of offici official al dties dties nder the the enem$ does not constitte per se the felon$ of treason Be!ception' when it is polic$ determining@ 2. erving erving in a pppet pppet governme government nt Bministerial Bministerial fnction fnctions@ s@ and in order order to serve serve the poplace is -T treasonos. /t it is treason if' a@ there is discretion involvedA b@ inflicts harm on CilipinosA c@ it is disadvantageos to them. 3. Prpose Prpose of offender' offender' to to deliver deliver the Philipp Philippines ines to enem$ enem$ contr$ contr$AA if merel$ to change officials – not treason 4. Cilipino Cilipino citi?ens citi?ens can commit commit treason treason otside otside the the Philippine Philippines. s. /t that that of an alien mst be committed in the Philippines. ". nl$ Cilipi Cilipino no citi?ens citi?ens or perman permanent ent resident resident aliens aliens can be be held liable #. %lien' with with permanent permanent resident resident stats stats from the /9: – it it is neither neither the length length of sta$ in the Philippines nor the marriage with a Cilipino that matters.
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On Citi!ens"i# •
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Treason cannot be proved b$ circmstantial evidence or b$ e!tra7Ddicial confession of the accsed %ctal hostilities ma$ determine the date of the commencement of war -o sch thing as attempted treasonA mere attempt consmmates the crime Giving aid or comfort – material element, enhances forces of the enem$ contr$. contr$. %cts which strengthen or tend to strengthen str engthen the enem$ in the condct of war against the traitoren and tend to wea>en the power of the same.
Example' Example' Cinancing arms procrement of enem$ contr$. /t giving of shelter is not necessaril$ ;giving aid and comfort.= •
%dherence and giving aid or comfort mst concr together. %dherence' %dherence' when a citi?en intellectall$ or emotionall$ favors the enem$ and harbors convictions dislo$al to his contr$< c ontr$
Example' Example' Giving information to, or commandeering foodstffs for the enem$. •
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%dherence ma$ be proved b$' B1@ one witnessA B2@ from the natre of the act itselfA B3@ from the circmstances srronding the act. Treason is a 6-T9-)9-G 659. ven after the war, offender can be prosected. 9f $o convict a person for treason b$ reason of irresistible force or ncontrollable fear, $o $o ma$ se %rt.12. -o treason throgh negligence
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Treason cannot be committed in times of peace, onl$ in times of war – actal hostilities. /t no need for declaration of war Lev$ing of war' a@ that there be an actal assembling of menA b@ for the prpose of e!ecting a treasonable design b$ force Bdeliver the contr$ in whole or in part to the enem$@
Not Tr Treasonos easonos:: 1. %cceptance %cceptance of pblic pblic office office and and discharge discharge of offici official al dties dties nder the the enem$ does not constitte per se the felon$ of treason Be!ception' when it is polic$ determining@ 2. erving erving in a pppet pppet governme government nt Bministerial Bministerial fnction fnctions@ s@ and in order order to serve serve the poplace is -T treasonos. /t it is treason if' a@ there is discretion involvedA b@ inflicts harm on CilipinosA c@ it is disadvantageos to them. 3. Prpose Prpose of offender' offender' to to deliver deliver the Philipp Philippines ines to enem$ enem$ contr$ contr$AA if merel$ to change officials – not treason 4. Cilipino Cilipino citi?ens citi?ens can commit commit treason treason otside otside the the Philippine Philippines. s. /t that that of an alien mst be committed in the Philippines. ". nl$ Cilipi Cilipino no citi?ens citi?ens or perman permanent ent resident resident aliens aliens can be be held liable #. %lien' with with permanent permanent resident resident stats stats from the /9: – it it is neither neither the length length of sta$ in the Philippines nor the marriage with a Cilipino that matters.
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On Citi!ens"i# •
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Treason cannot be proved b$ circmstantial evidence or b$ e!tra7Ddicial confession of the accsed %ctal hostilities ma$ determine the date of the commencement of war -o sch thing as attempted treasonA mere attempt consmmates the crime Giving aid or comfort – material element, enhances forces of the enem$ contr$. contr$. %cts which strengthen or tend to strengthen str engthen the enem$ in the condct of war against the traitoren and tend to wea>en the power of the same.
Example' Example' Cinancing arms procrement of enem$ contr$. /t giving of shelter is not necessaril$ ;giving aid and comfort.= •
%dherence and giving aid or comfort mst concr together. %dherence' %dherence' when a citi?en intellectall$ or emotionall$ favors the enem$ and harbors convictions dislo$al to his contr$< c ontr$
Example' Example' Giving information to, or commandeering foodstffs for the enem$. •
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%dherence ma$ be proved b$' B1@ one witnessA B2@ from the natre of the act itselfA B3@ from the circmstances srronding the act. Treason is a 6-T9-)9-G 659. ven after the war, offender can be prosected. 9f $o convict a person for treason b$ reason of irresistible force or ncontrollable fear, $o $o ma$ se %rt.12. -o treason throgh negligence
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&hen >illings and other common crimes are charged as overt act of treason, the$ cannot be regarded as B1@ separate crimes or B2@ as comple! with treason.
Article 11$ CONS%IRACY TO COMMIT TREASON •
ELEMENTS:
1. 9n time of of wa war 2. 2 or more more perso persons ns come come to to an agre agreeme ement nt to 1. lev$ war against the government, or 2. adhere to the enemies and to give them aid or comfort, 1. The$ The$ deci decide de to comm commit it it it •
L-T C P5P%L T 69T T5%-
1. 9n time of of wa war 2. % person person who who has decided decided to lev$ lev$ war against against the govern government, ment, or or to adhere adhere to the enemies and to give them aid or comfort, proposes its e!ection to some other personEs. • •
ere agreement and decisions to commit treason is pnishable ere proposal even withot acceptance is pnishable too. 9f the other accepts, it is alread$ alr ead$ conspirac$.
Article 11& MIS%RISION OF TREASON
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ELEMENTS:
1. That the the offender offender mst mst be owing owing allegiance allegiance to the the governmen government, t, and not not a foreigner 2. That he he has >nowled >nowledge ge of an$ an$ conspirac$ conspirac$ Bto commit commit treason@ treason@ against against the the government 3. That he he conceals conceals or or does not disclose disclose and ma>e ma>e >nown >nown the the same same as soon soon as possible to the governor or fiscal of the province or the ma$or ma$or or fiscal of the cit$ in which he resides • • • •
ffender is pnished as an accessor$ to the crime of treason This crime does not appl$ if the crime of treason is alread$ committed 6rime of omission ;To report within a reasonable time= – depends on time, place and circmstance – the 5P6 did not fi! time.
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5P6 states 4 individals, what if $o report to some other high7ran>ing government official !. P-P :irector Fdge Pimentel sa$s an$ gov
Article 11' Es#iona(e )* enterin(+ ,it"ot at"orit* t"ere-or+ ,ars"i#+ -ort+ or naal or /ilitar* esta)lis"/ents or reseration to o)tain an* in-or/ation+ #lans+ #"oto(ra#"s or ot"er 0ata o- a con-i0ential natre relatie to t"e 0e-ense o- t"e %"ili##ines. •
ELEMENTS:
1. 1. That the offender enters an$ of the places mentioned therein 1.
2. That he has no athorit$ thereforeA
2. That his prpose is to obtain information, plans, photographs or other data of a confidential natre relative to the defense of the Philippines spionage b$ disclosing to the representative of a foreign nation the contents of the articles, data, or information referred to in paragraph 1 of %rticle 11, which he had in his possession b$ reason of the pblic office holds 1. ELEMENTS: That the offender is a pblic officer 2. That he has in his possession the articles, data or information referred to in par 1 of art 11, b$ reason of the pblic office he holds 3. That he discloses their contents to a representative of a foreign nation • •
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Prpose' to gather data spionage' the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be sed to the inDr$ of the Philippines or the advantage of an$ foreign nation. 9t is not conditioned on citi?enship. -ot necessar$ that Philippines is at war with the contr$ to which the information was revealed. &hat is important is that the information related is connected with the defense s$stem of the Philippines. &iretapping is -T espionage if the prpose is not something connected with the defense ee 6% #1#
II. CRIMES AGAINST LAWS OF NATIONS Article 11
INCITING TO 2AR OR GI3ING MOTI3ES FOR RE%RISALS •
ELEMENTS:
1. That the offender performs nlawfl or nathori?ed acts 2. That sch acts provo>e or give occasion for a war involving or liable to involve the Philippines or e!pose Cilipino citi?ens to reprisals on their persons or propert$ • • •
6rime is committed in time of peace, intent is immaterial 9nciting to war – offender is an$ person 5eprisals is not limited to militar$ action, it cold be economic reprisals, or denial of entr$ into their contr$. Example. ( brns 6hinese flag. 9f 6hina bans the entr$ of Cilipinos into 6hina, that is alread$ reprisal.
Article 11 3IOLATION OF NEUTRALITY ELEMENTS:
1. That there is war in which the Philippines is not involved 2. That there is a reglation issed b$ competent athorit$ for the prpose of enforcing netralit$ 3. That the offender violates sch reglation •
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Article 156 CORRES%ON7ENCE 2IT8 8OSTILE COUNTRY ELEMENTS:
1. That it is in time of war in which the Philippines is involved 2. That the offender ma>es correspondence with an enem$ contr$ or territor$ occpied b$ enem$ troops 3. That the correspondence is either – 1. prohibited b$ the government, or 2. carried on in ciphers or conventional signs, or 3. containing notice or information which might be sefl to the enem$ •
6ircmstances 0alif$ing the offense'
a. notice or information might be sefl to the enem$
b. offender intended to aid the enem$ • •
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Hostile contr$ e!ist onl$ dring hostilities or after the declaration of war 6orrespondence to enem$ contr$ – correspondence to officials of enem$ contr$ – even if related to $o. 9t is not correspondence with private individal in enem$ contr$ 9f ciphers were sed, no need for prohibition 9f ciphers were not sed, there is a need for prohibition 9n an$ case, it mst be correspondence with the enem$ contr$ :oesn
Article 151 FLIG8T TO ENEMY9S COUNTRY
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ELEMENTS
1. That there is a war in which the Philippines is involved 2. That the offender BCilipino or resident alien@ mst be owing allegiance to the government 3. That the offender attempts to flee or go to enem$ contr$ 4. That going to enem$ contr$ is prohibited b$ competent athorit$ • •
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ere attempt consmmates the crime There mst be a prohibition. 9f none, even if went to enem$ contr$ – no violation %lien resident ma$ be gilt$ here.
Article 155 %IRACY •
2 &a$s of 6ommitting Pirac$
1. /$ attac>ing or sei?ing a vessel on the high seas or in the Philippine waters BP: "32@ 2. /$ sei?ing the whole or part of the cargo of said vehicles, its e0ipment or personal belongings of its complement or passengers •
Ele/ents:
1. That a vessel is on the high seasEPhilippine waters 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offenders –
1. attac> or sei?e that vessel or Bhence, if committed b$ crew or passengers, the crime is not pirac$ bt robber$ in the high seas@ 2. sei?e the whole or part of the cargo of said vessel, its e0ipment or personal belongings of its complement or passengers •
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High seas' an$ waters on the sea coast which are withot the bondaries of the low water mar> althogh sch waters ma$ be in the Drisdictional limits of a foreign gov
%irac*
Mtin*
5obber$ or forcible degradation on the )nlawfl resistance to a sperior officer, or high seas, withot lawfl athorit$ and the raising of commotion and distrbances on done with animo frandi and in the spirit board a ship against the athorit$ of its and intention of niversal hostilit$. commander 9ntent to gain is an element. %ttac> from otside. ffenders are %ttac> from the inside. strangers to the vessel. Bthis is the standing rle with the repeal of P: "32 which made it possible for an$ person to commit pirac$ inclding a passenger or complement of the vessel@.
Article 15 ;UALIFIE7 %IRACY •
CIRCUMSTANCES:
1. &henever the$ have sei?ed a vessel b$ boarding or firing pon the same 2. &henever the pirates have abandoned their victims withot means of saving themselves 3. &henever the crime is accompanied b$ mrder, homicide, ph$sical inDries, or rape. Bthe above ma$ reslt to 0alified mtin$@ • • •
ParricideEinfanticide shold be inclded BFdge Pimentel@ -ote the new rape law. :eath is imposed in certain t$pes of rape There is a conflict between this provision and the provision on rape. !. 9f rape is committed on someone below – death nder the new rape law. /t if rape committed on someone below dring the time of pirac$ – 5P to death. 9rreconcilable.
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rderErapeEhomicideEph$sical inDries mst have been committed on the passengers or complement
TITLE T2O
I. CRIMES AGAINST T8E FUN7AMENTAL LA2S OF T8E STATE Classes o- Ar)itrar* 7etention:
1. /$ detaining a person withot legal grond 2. :ela$ in the deliver$ of detained persons to the proper Ddicial athorities 3. :ela$ing release
Article 154 AR
ELEMENTS:
1. That the offender is a pblic officer or emplo$ee Bwhose official dties inclde the athorit$ to ma>e an arrest and detain personsA Drisdiction to maintain peace and order@. 2. That he detains a person Bactal restraint@. 3. That the detention was withot legal gronds Bcannot be committed if with warrant@. •
:etention' when a person is placed in confinement or there is a restraint on his person.
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Thogh the elements specif$ that the offender be a pblic officer or emplo$ee, private individals who conspire with pblic officers can also be liable. Legal gronds for the detention of an$ person' &ithot legal gronds' 8now gronds for warrantless arrest' Cor escaped prisoner – no need for warrant Rolito Go v. CA is an e!ample of arbitrar$ detention BFdge Pimentel@ Example: * was >illed b$ n>nown assailant. fficers got a tip and arrested (. ( volntaril$ admitted to the officers that he did it althogh he was not as>ed. ( was detained immediatel$. %ccording to the 6, there was - arbitrar$ detention. &h$ /ecase once ( made a confession, the officers had a right to arrest him. 6ontining crime is different from a continos crime Ramos v. Enrile' 5ebels later on retire. %ccording to the 6, once $o have committed rebellion and have not been pnished or amnestied, then the rebels contine to engage in rebellion, nless the rebels renonce his affiliation. %rrest can be made withot a warrant becase this is a contining crime.
1. commission of a crime 2. violent insanit$ or other ailment re0iring complsor$ confinement of the patient in a hospital 1. he has not committed an$ crime or no reasonable grond of sspicion that he has committed a crime 2. not sffering from violent insanit$ or an$ other ailment re0iring complsor$ confinement in a hospital 1. 6rime is abot to be, is being, has been committed 2. fficer mst have reasonable >nowledge that the person probabl$ committed the crime
Article 15$ 7ELAY IN T8E 7ELI3ERY OF 7ETAINE7 %ERSONS •
ELEMENTS:
1. That the offender is a pblic officer or emplo$ee 2. That he has detained a person for some legal gronds 3. That he fails to deliver sch person to the proper Ddicial athorit$ within' 1. 12 hors, if detained for crimesEoffenses pnishable b$ light penalties, or their e0ivalent 2. 1I hors, for crimesEoffenses pnishable b$ correctional penalties, or their e0ivalent or 3. 3# hors, for crimesEoffenses pnishable b$ capital pnishment or afflictive penalties, or their e0ivalent
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5eall$ means dela$ in filing necessar$ information or charging of person detained in cort. a$ be waived if a preliminar$ investigation is as>ed for. :oes not contemplate actal ph$sical deliver$ bt at least there mst be a complaint filed. :t$ complied with pon the filing of the complaint with the Ddicial athorit$ Bcorts, prosectors – thogh technicall$ not a Ddicial athorit$, for prposes of this article, he accsed to e!ecte a waiver which shold be nder oath and with assistance of consel. ch waiver is not violative of the accsed constittional right. &hat is length of waiver Light offense – " da$s. erios and less serios offenses – to 1J da$s. BFdge Pimentel@ %rticle does not appl$ when arrest is via a warrant of arrest 9f offender is a private person, crime is illegal detention
Ar)itrar* 7etention =154>
:etention is illegal from the beginning.
7ela* in 7elier* o- 7etaine0 =15$>
:etention is legal in the beginning, bt illegalit$ starts from the e!piration of the specified periods withot the persons detained having been delivered to the proper Ddicial athorit$.
Article 15& 7ELAYING RELEASE ELEMENTS:
1. That the offender is a pblic officer or emplo$ee 2. That there is a Ddicial or e!ective order for the release of a prisoner or detention prisoner, or that there is a proceeding pon a petition for the liberation of sch person 3. That the offender withot good reason dela$s' 1. the service of the notice of sch order to the prisoner, or 2. the performance of sch Ddicial or e!ective order for the release of the prisoner, or 3. the proceedings pon a petition for the release of sch person • • •
Three acts are pnishable' &ardens and Dailers are the persons most li>el$ to violate this provision Provision does not inclde legislation
1. dela$ing the performance of a Ddicial or e!ective order for the release of a prisoner
2. dela$ing the service of notice of sch order to said prisoner 3. dela$ing the proceedings pon an$ petition for the liberation of sch person
Article 15' E?%ULSION ELEMENTS:
1. That the offender is a pblic officer or emplo$ee 2. That he e!pels an$ person from the Philippines, or compels a person to change his residence 3. That the offender is not athori?ed to do so b$ law •
2 acts pnishable'
1. b$ e!pelling a person from the Philippines 2. b$ compelling a person to change his residence BThe crime of e!plsion absorbs that of grave coercion. 9f done b$ a private person, will amont to grave coercion@ i.e.,Villavicencio v. Lukban' prostittes< case • •
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:oes not inclde ndesirable aliensA destierroA or when sent to prison 9f ( BCilipino@ after he volntaril$ left, is refsed re7entr$ – is considered forcing him to change his address here Threat to national secrit$ is not a grond to e!pel or change his address.
Article 15 3IOLATION OF 7OMICILE ELEMENTS:
1. That the offender is a pblic officer or emplo$ee 2. That he is not athori?ed b$ Ddicial order to enter the dwelling andEor to ma>e a search therein for papers or other effects 3. That he commits an$ of the following acts' 1. entering an$ dwelling against the will of the owner thereof 2. searching papers or other effects fond therein withot the previos consent of sch owner 3. refsing to leave the premises, after having srreptitiosl$ entered said dwelling and after having been re0ired to leave the same
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%ggravating 6ircmstance Bmedim and ma!imm of penalt$ imposed@' 9f the offender who enters the dwelling against the will of the owner thereof is a private individal, the crime committed is trespass to dwelling B%rt 2IJ@ &hen a pblic officer searched a person ;otside his dwelling= withot a search warrant and sch person is not legall$ arrested for an offense, the crime committed b$ the pblic officer is grave coercion, if violence or intimidation is sed B%rt 2I#@, or nDst ve!ation, if there is no violence or intimidation B%rt 2I@ % pblic officer withot a search warrant cannot lawfll$ enter the dwelling against the will of the owner, even if he >new that someone in that dwelling is having nlawfl possession of opim 3 acts pnishable' ;/eing athori?ed b$ law= – means with search warrant, save himself or do some things good for hmanit$ There mst be e!pression that entr$ is denied or that he is as>ed to leave Papers and effects need not be part of a crime.
1. offense committed at nighttime 2. papers or effects not constitting evidence of a crime be not retrned immediatel$ 1. person enters dwelling wEo consent or against the will 2. person enters and searches for papers and effects 3. person entered secretl$ and refses to leave after being as>ed to
Article 15 SEARC8 2ARRANTS MALICIOUSLY O
1. That the offender is a pblic officer or emplo$ee 2. That he procres a search warrant 3. That there is no Dst case A
1. That the offender is a pblic officer or emplo$ee 2. That he has legall$ procred a search warrant 3. That he e!ceeds his athorit$ or ses nnecessar$ severit$ in e!ecting the same •
earch warrant is valid for 1J da$s from its date
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earch warrant is an order in writing issed in the name of the People, signed b$ the Ddge and directed to a pblic officer, commanding him to search for personal propert$ described therein and bring it before the cort -o Dst case – warrant is nDstified earch – limited to what is described in the warrant, all details mst be with particlarit$ alicios warrant. !ample. ( was a respondent of a search warrant for illegal possession of firearms. % retrn was made. The gn did not belong to ( and the witness had no personal >nowledge that there is a gn in that place. %bse e!amples'
1. ( owner was handcffed while search was going7on. 2. Tan> was sed to ram gate prior to annoncement that a search will be made 3. Persons who were not respondents were searched
Article 16 •
1. 2. 3. 4.
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ELEMENTS OF SEARC8ING 7OMICILE 2IT8OUT 2ITNESSES:
That the offender is a pblic officer or emplo$ee That he is armed with a search warrant legall$ procred That he searches the domicile, papers or other belongings of an$ person That the owner, or an$ member of his famil$, or two witnesses residing in the same localit$ are not present rder of those who mst witness the search' alidit$ of the search warrant can be 0estioned onl$ in 2 corts' where issed or where the case is pending. Latter is preferred for obDective determination.
1. Homeowner 2. embers of the famil$ of sfficient age and discretion 3. 5esponsible members of the commnit$ Bcan
Article 11 %RO8I
ELEMENTS:
1. ffender is a pblic officer or emplo$ee 2. He performs an$ of the ff. acts' 1. prohibiting or interrpting, withot legal grond the holding of a peacefl meeting, or dissolving the same Be.g. denial of permit in arbitrar$ manner@.
2. hindering an$ person from Doining an$ lawfl association or from attending an$ of its meetings •
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prohibiting or hindering an$ person from addressing, either alone or together with others, an$ petition to the athorities for the correction of abses or redress of grievances 9f the offender is a private individal, the crime is distrbance of pblic order B%rt 1"3@ eeting mst be peacefl and there is no legal grond for prohibiting, dissolving or interrpting that meeting eeting is sbDect to reglation ffender mst be a stranger, not a participant, in the peacefl meetingA otherwise, iting on a prohibited sbDect at a pblic meeting contrar$ to agreement that no spea>er shold toch on politics ma$ be stopped /t stopping the spea>er who was attac>ing certain chrches in pblic meeting is a violation of this article Prohibition mst be withot lawfl case or withot lawfl athorit$ Those holding peacefl meetings mst compl$ with local ordinances. !ample' rdinance re0ires permits for meetings in pblic places. /t if police stops a meeting in a private place becase there
Article 15 INTERRU%TION OF RELIGIOUS 2ORS8I% •
ELEMENTS:
1. That the officer is a pblic officer or emplo$ee 2. That religios ceremonies or manifestations of an$ religion are abot to ta>e place or are going on 3. That the offender prevents or distrbs the same • •
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6ircmstance 0alif$ing the offense' if committed with violence or threats 5eading of /ible and then attac>ing certain chrches in a pblic pla?a is not a ceremon$ or manifestation of religion, bt onl$ a meeting of a religios sect. /t if done in a private home, it
Article 1 OFFEN7ING RELIGIOUS FEELINGS •
ELEMENTS:
1. That the acts complained of were performed – 1. in a place devoted to religios feelings, or Bfor this element, no need of religios ceremon$, onl$ the place is material@ 2. dring the celebration of an$ religios ceremon$ 2. That the acts mst be notoriosl$ offensive to the feelings of the faithfl Bdeliberate intent to hrt the feelings@ 3. The offender is an$ person 4. There is a deliberate intent to hrt the feelings of the faithfl, directed against religios tenet •
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9f in a place devoted to religios prpose, there is no need for an ongoing religios ceremon$ !ample of religios ceremon$ Bacts performed otside the chrch@. Processions and special pra$ers for br$ing dead persons bt -T pra$er rallies %cts mst be directed against religios practice or dogma or rital for the prpose of ridicle, as moc>ing or scoffing or attempting to damage an obDect of religios veneration There mst be deliberate intent to hrt the feelings of the faithfl, mere arrogance or rdeness is not enogh.
CRIME
Natre o- Cri/e
2"o are Lia)le
I- Ele/ent Missin(
Prohibition, 6rime against the 9nterrption and fndamental law of :issoltion of the state Peacefl eeting B131@
Pblic officers, tsiders
9f not b$ pblic officer K tmlts
9nterrption of 6rime against the 5eligios &orship fndamental law of B132@ the state
Pblic officers, tsiders
9f b$ insider K nDst ve!ation 9f not religios K tmlt or alarms 9f not notoriosl$ offensive K nDst ve!ation
ffending the 6rime against pblic Pblic officers, 9f not tmlts K alarms and 5eligios Ceeling order private persons, scandal B133@ otsiders
9f meeting illegal at onset K inciting to sedition or rebellion
TITLE T8REE I. CRIMES AGAINST %U
Article 14 RE
ELEMENTS:
1. That there be – 1. pblic prising and 2. ta>ing arms against the government BforceEviolence@ 2. That the prpose of the prising or movement is either 1. to remove from the allegiance to said government or its laws – 1.
i. the territor$ of the Philippines or an$ part thereof, or
ii. an$ bod$ of land, naval or other armed forces, or 2 To deprive the chief e!ective or congress, wholl$ or partiall$, of an$ of their powers or prerogatives •
Persons liable for rebellion
1. %n$ person who' 1. promotes 2. maintains, or 3. heads a rebellion or insrrectionA or 2. %n$ person who, while holding an$ pblic office or emplo$ment, ta>es part therein b$' 1. engaging in war against the forces of the government 2. destro$ing propert$ or committing serios violence 3. e!acting contribtions or diverting pblic fnds from the lawfl prpose for which the$ have been appropriated B-ote' ;diverting pblic fnds= is malversation absorbed in rebellion@A 4. %n$ person merel$ participating or e!ecting the command of others in rebellion • •
•
ccess is immaterial, prpose is alwa$s political 5ebellion sed where the obDect of the movement is completel$ to overthrow and spersede the e!isting government 9nsrrection refers to a movement which see>s merel$ to effect some change of minor importance to prevent the e!ercise of gov
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•
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•
•
• • •
1. 2. 3. 4.
%ctal clash of arms wE the forces of the goving arms against the govilling, mere threat of removing Phil is sfficient 5ebellion cannot be comple!ed with an$ other crime. However, illegal possession of firearms in frtherance of rebellion is distinct from the crime of rebellion. Crthermore, it is a contining crime sch along with the crime of conspirac$ or proposal to commit sch % private crime ma$ be committed dring rebellion. !amples' >illing, possessions of firearms, illegal association are absorbed. 5ape, even if not in frtherance of rebellion cannot be comple!ed 9f >illing, robbing were done for private prposes or for profit, withot an$ political motivation, the crime wold be separatel$ be pnished and wold not be embraced b$ rebellion B People v. Fernando@ 5ead People v. ernande! and Enrile v. "ala!ar Person deemed leader of rebellion in case he is n>nown' %n$ person who in fact' directed the others spo>e for them signed receipts and other docments issed in their name performed similar acts on behalf of the rebels
Article 14@A COU% 7 E9TAT •
1. 2. 3. 4. ". #.
ELEMENTS:
wift attac> %ccompanied b$ violence, intimidation, threat, strateg$ or stealth :irected against' dl$ constitted athorities an$ militar$ camp or installation commnication networ>s or pblic tilities 1. other facilities needed for the e!ercise and contined possession of power . ingl$ or simltaneosl$ carried ot an$where in the Philippines 1. 6ommitted b$ an$ person or persons belonging to the militar$ or police or holding an$ pblic office or emplo$mentA with or withot civilian spport or participation
I. &ith or withot civilian spport or participation . Prpose of sei?ing or diminishing state power •
•
6rime ma$ be committed b$ a single person, an$ government emplo$ee and even b$ civilian Ta>ing p of arms not even necessar$, what is important is violence, threat, intimidation, strateg$ or stealth Treason =114>
Re)ellion =14>
6rime against 6rime against Natre o- -ational ecrit$ Pblic rder
Co# 09etat =14@A>
Se0ition =1>
6rime against 6rime against Pblic Pblic rder rder
C ri / e lev$ing war Pblic prising ee article. Oert against the goving p arms s adherence and against the gov
5ising pblicl$ or tmltosl$ Bcased b$ more than 3 armed men or provided with means of violence@
Prpose of :eliver the gov
ee enmeration in article.
ee article.
ei?ing or diminishing state power.
Article 1$ %enalties •
2"o are lia)le
1. %n$ person who' 1. 2. 3. 4. ". #.
Promotes aintains heads a rebellion or insrrection engaging in war against the forces of the gov
2. %n$ person who, while holding an$ pblic office or emplo$ment, ta>es part therein
3. %n$ person merel$ participating or e!ecting the command of other in a rebellion.
In Goern/ent Serice
%n$one who leads, directs, commands others to nderta>e a cop. •
•
Not in Goern/ent Serice
%n$one who participates or in an manner, spports, finances, abets, aids in a cop.
erios violence is that inflicted pon civilians, which ma$ reslt in homicide. 9t is not limited to hostilities against the armed force. :iverting pblic fnds is malversation absorbed in rebellion
1. Pblic officer mst ta>e active part becase mere silence or omission not pnishable in rebellion 2. 9t is not a defense in rebellion that the accsed never too> the oath of allegiance to, or that the$ never recogni?ed the government 3. 5ebellion cannot be comple!ed with mrder and other common crimes committed in prsance of the movement to overthrow the government 4. 8illing, robbing etc for private persons or for profit, withot an$ political motivation, wold be separatel$ pnished and wold not be absorbed in the rebellion.
Article 1& CONS%IRACY TO COMMIT RE
ELEMENTS:
1. 2 more persons come to an agreement to rise pblicl$ and ta>e arms against the government 2. Cor an$ of the prposes of rebellion 3. The$ decide to commit it %RO%OSAL TO COMMIT RE • •
•
• •
ELEMENTS: rgani?ing a grop of soldiers, soliciting membership in, and soliciting fnds for the organi?ation show conspirac$ to overthrow the gove the accsed gilt$ of conspirac$ if thereing part in it.
1. % person who has decided to rise pblicl$ and ta>e arms the government 2. Cor an$ of the prposes of rebellion 3. Proposes its e!ection to some other personEs
Article 1' 7ISLOYALTY OF %U
• •
ELEMENTS: Prespposes e!istence of rebellion st not be in conspirac$ with rebels or cop plotters 9f there are means to prevent the rebellion bt did not resist it, then there
1. Cailing to resist rebellion b$ all the means in their power 2. 6ontining to discharge the dties of their offices nder the control of rebels 3. %ccepting appointment to office nder rebels
Article 1 INCITING TO RE
ELEMENTS:
1. That the offender does not ta>e arms or is not in open hostilit$ against the government 2. That he incites others to the e!ection of an$ of the acts of rebellion 3. That the inciting is done b$ means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end • •
9ntentionall$ calclated to sedce others to rebellion There mst be prising to ta>e p arms and rise pblicl$ for the prposes indicated in %rt 134
%ro#osal to Co//it Re)ellion =1&>
The person who proposes has decided to commit rebellion.
Incitin( to Re)ellion =1>
-ot re0ired that the offender has decided to commit rebellion.
The person who proposes the e!ection of The inciting is done pblicl$. the crime ses secret means.
Article 1 SE7ITION
•
ELEMENTS:
1. That the offenders rise – 1. Pblicl$ Bif no pblic prising K tmlt and other distrbance of pblic order@ 2. Tmltosl$ Bvis7M7vis rebellion where there mst be a ta>ing of arms@ 3. to prevent the promlgation or e!ection of an$ law or the holding of an$ poplar election 4. to prevent the national government, or an$ provincial or mnicipal government, or an$ pblic thereof from freel$ e!ercising its or his fnctions, or prevent the e!ection of an$ administrative order ". to inflict an$ act or hate or revenge pon the person or propert$ of an$ pblic officer or emplo$ee #. to commit for an$ political or social end, an$ act of hate or revenge against private persons or an$ social class Bhence, even private persons ma$ be offended parties@ . to despoil, for an$ political or social end, an$ person, mnicipalit$ or province, or the national government of all its propert$ or an$ part thereof 2. That the$ emplo$ force, intimidation, or other means otside of legal methods 3. That the offenders emplo$ an$ of those means to attain an$ of the following obDects' •
•
•
•
• • • •
• •
•
edition' raising of commotion or distrbances in the tate. 9ts ltimate obDect is a violation of the pblic peace or at least sch measres that evidentl$ engenders it. :ifference from rebellion – obDect or prpose of the srprising. Cor sedition – sfficient that prising is tmltos. 9n rebellion – there mst be ta>ing p of arms against the government. edition – prpose ma$ be either political or social. 9n rebellion – alwa$s political Tmltos – cased b$ more than 3 persons who are armed or provided with means of violence Preventing pblic officers from freel$ e!ercising their fnctions 9n sedition – offender ma$ be a private or pblic person B!. oldier@ Pblic prising and the obDect of sedition mst concr N' %re common crimes absorbed in sedition 9n P v. #mali, 6 held that -. 6rimes committed in that case were independent of each other. Preventing election throgh legal means – -T sedition /t when sgar farmers demonstrated and destro$ed the properties of sgar barons – sedition Persons liable for sedition'
1. leader of the sedition, and 2. other persons participating in the sedition
Article 145
INCITING TO SE7ITION •
ELEMENTS:
1. That the offender does not ta>e a direct part in the crime of sedition 2. That he incites others to the accomplishment of an$ of the acts which constitte sedition B134@ 3. That the inciting is done b$ means of speeches, proclamations, writing, emblems, cartoons, banners, or other representations tending to the same end Bprpose' case commotion not e!actl$ against the governmentA actal distrbance not necessar$@ • •
:ifferent acts of inciting to sedition' &hen pnishable'
1. 9nciting others to the accomplishment of an$ of the acts which constitte sedition b$ means of speeches, proclamations, writings, emblems etc. 2. )ttering seditios words or speeches which tend to distrb the pblic peace or writing, pblishing, or circlating scrrilos Ovlgar, mean, libelos libels against the government or an$ of the dl$ constitted athorities thereof, which tend to distrb the pblic peace 3. 8nowingl$ concealing sch evil practices 1. when the$ tend to distrb or obstrct an$ lawfl officer in e!ecting the fnctions of his officeA or 2. when the$ tend to instigate others to cabal and meet together for nlawfl prposes 3. when the$ sggest or incite rebellios conspiracies or riotsA or 4. when the$ lead or tend to stir p the people against the lawfl athorities or to distrb the peace of the commnit$, the safet$ and order of the government
II. CRIMES AGAINST POPULAR REPRESENTATION Article 14 ACTS TEN7ING TO %RE3ENT T8E MEETING OF CONGRESS AN7 SIMILAR
ELEMENTS:
1. That there be a proDected or actal meeting of 6ongress or an$ of its committees or sbcommittees, constittional commissions or committees or
division thereof, or of an$ provincial board or cit$ or mnicipal concil or board 2. That the offender who ma$ be an$ persons prevents sch meeting b$ force or frad •
6hief of Police and ma$or who prevented the meeting of the mnicipal concil are liable nder %rt 143, when the defect of the meeting is not manifest and re0ires an investigation before its e!istence can be determined.
Article 144 7ISTUR
ELEMENTS:
1. That there be a meeting of 6ongress or an$ of its committees, constittional commissions or committees or divisions thereof, or of an$ provincial board or cit$ or mnicipal concil or board 2. That the offender does an$ of the following acts 1. he distrbs an$ of sch meetings 2. he behaves while in the presence of an$ sch bodies in sch a manner as to interrpt its proceedings or to impair the respect de it •
6omplaint mst be filed b$ member of the Legislative bod$. %ccsed ma$ also be pnished for contempt.
Article 14$ 3IOLATION OF %ARLIAMENTARY IMMUNITY •
%cts pnishable'
1. /$ sing force, intimidation, threats, or frads to prevent an$ member of 6ongress from – 1. attending the meeting of the assembl$ or an$ of its committees, constittional commissions or committees or divisions thereof, or from 2. e!pressing his opinions or 3. casting his vote 2. /$ arresting or searching an$ member thereof while 6ongress is in a reglar or special session, e!cept in case sch member has committed a crime pnishable nder the code b$ a penalt$ higher than prision ma$or Ele/ents:
1. 2. 3. 4.
•
That the offender is a pblic officer or emplo$ee That he arrests or searches an$ member of 6ongress That 6ongress, at the time of arrest or search, is in a reglar or special session That the member searched has not committed a crime pnishable nder the code b$ a penalt$ higher than prision ma$or B1I constittion' privilege from arrest while congress in session in all offenses pnishable b$ not more than # $ears imprisonment@. %rticle partl$ inoperative becase of the 1I 6onstittion
III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS Article 14& ILLEGAL ASSEM
Two B2@ T$pes of illegal assemblies'
a. Meetin( o- t"e -irst -or/
1. eeting, gathering or grop of persons whether in a fi!ed place or moving 2. prpose ' to commit an$ of crimes pnishable nder the code 3. meeting attended b$ armed persons ). Meetin( o- t"e secon0 -or/
1. eeting, gathering or grop of persons whether in a fi!ed place or moving 2. %dience whether armed or not, is incited to the commission of the crime of treason, rebellion or insrrection, sedition or direct assalt. •
• • •
-ot all the persons present at the meeting of the first form of illegal assembl$ mst be armed Persons liable for illegal assembl$ 5esponsibilit$ of persons merel$ present at the meeting Presmptions if person present at the meeting carries an nlicensed firearm'
1. the organi?ers or leaders of the meeting 2. persons merel$ present at the meeting Be!cept when presence is ot of criosit$ – not liable@ 1. if the$ are not armed, penalt$ is arresto ma$or 2. if the$ carr$ arms, li>e bolos or >nives, or licensed firearms, penalt$ is prision correccional
1. prpose of the meeting is to commit acts pnishable nder the 5P6 2. considered as leader or organi?er of the meeting
Article 14' ILLEGAL ASSOCIATIONS • •
ELEMENTS: Persons liable'
1. rgani?ed totall$ or partiall$ for the prpose of committing an$ of the crimes in 5P6 2. r for some prpose contrar$ to pblic morals 1. fonders, directors and president of the association 2. mere members of the association
Ille(al Asse/)l* =14&>
Ille(al Association =14'>
st be an actal meeting of armed persons -o need for sch to commit an$ of the crimes pnishable nder the 5P6, or of individals who, althogh not armed, are incited to the commission of treason, rebellion, sedition or assalt pon a person in athorit$ of his agent. 9t is the meeting and the attendance at sch %ct of forming or organi?ing and that are pnished membership in the association Persons liable' leaders and those present
Conders, directors, president and members
IV. ASSAULT, RESISTANCE AND DISOBEDIENCE Article 14 7IRECT ASSAULT •
ELEMENTS OF T8E 1ST FORM OF 7IRECT ASSAULT
1. That the offender emplo$s force or intimidation.
2. That the aim of the offender is to attain an$ of the prposes of the crime of rebellion or an$ of the obDects of the crimes of sedition. Bvictim need not be person in athorit$@ 3. That there is no pblic prising. •
ELEMENTS OF T8E 5N7 FORM OF 7IRECT ASSAULT:
1. That the offender Ba@ ma>es an attac>, Bb@ emplo$s force, Bc@ ma>es a serios intimidation, or Bd@ ma>es a serios resistance. 2. That the person assalted is a person in athorit$ or his agent. 3. That at the time of the assalt the person in athorit$ or his agent Ba@ is engaged in the actal performance of official dties Bmotive is not essential@, or that he is assalted Bb@ b$ reason of the past performance of official dties Bmotive is essential@. 4. That the offender >nows that the one he is assalting is a person in athorit$ or his agent in the e!ercise of his dties Bwith intention to offend, inDre or assalt@. ". That there is no pblic prising. •
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•
•
%lwa$s comple!ed with the material conse0ence of the act Be.g. direct assalt with mrder@ e!cept if reslting in a light felon$, in which case, the conse0ence is absorbed Hitting the policeman on the chest with fist is not direct assalt becase if done against an agent of a person in athorit$, the force emplo$ed mst be of serios character The force emplo$ed need not be serios when the offended part$ is a person in athorit$ Be!. La$ing of hands@ The intimidation or resistance mst be serios whether the offended part$ is an agent onl$ or a person in athorit$ Be!. Pointing a gn@
Force E/#lo*e0
Inti/i0ationBResistance
-eed not be serios
erios
st be of serios character
erios
Person in %thorit$ %gent •
•
•
•
Person in athorit$' an$ person directl$ vested with Drisdiction Bpower or athorit$ to govern and e!ecte the laws@ whether as an individal or as a member of some cort or governmental corporation, board or commission % baranga$ captain is a person in athorit$, so is a :ivision perintendent of schools, President of anitar$ :ivision and a teacher %gent' is one who, b$ direct provision of law or b$ election or b$ appointment b$ competent athorit$, is charged with the maintenance of pblic order and the protection and secrit$ of life and propert$. B!ample. /arrio concilman and an$ person who comes to the aid of the person in athorit$, policeman, mnicipal treasrer, postmaster, sheriff, agents of the /95, alacaQang confidential agent@ ven when the person in athorit$ or the agent agrees to fight, still direct assalt.
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&hen the person in athorit$ or the agent provo>edEattac>ed first, innocent part$ is entitled to defend himself and cannot be held liable for assalt or resistance nor for ph$sical inDries, becase he acts in legitimate self7defense There can be no assalt pon or disobedience to one athorit$ b$ another when the$ both contend that the$ were in the e!ercise of their respective dties. &hen assalt is made b$ reason of the performance of his dt$ there is no need for actal performance of his official dt$ when attac>ed 6ircmstances 0alif$ing the offense BNalified %ssalt@' 6omple! crime of direct assalt with homicide or mrder, or with serios ph$sical inDries. :irect assalt cannot be committed dring rebellion.
1. when the assalt is committed with a weapon 2. when the offender is a pblic officer or emplo$ee 3. when the offender la$s hand pon a person in athorit$ Article 14 IN7IRECT ASSAULT •
ELEMENTS:
1. That a person in athorit$ or his agent is the victim of an$ of the forms of direct assalt defined in %5T. 14I. 2. That a person comes to the aid of sch athorit$ or his agent. 3. That the offender ma>es se of force or intimidation pon sch person coming to the aid of the athorit$ or his agent. • •
9ndirect assalt can be committed onl$ when a direct assalt is also committed To be indirect assalt, the person who shold be aided is the agent Bnot the person in athorit$ becase it is alread$ direct assalt, the person coming to the aid of the person in athorit$ being considered as an agent and an attac> on the latter is alread$ direct assalt@. !ample. %iding a policeman nder attac>.
Article 1$6 7ISO
Acts #nis"a)le:
1. 2. 3. 4. ".
refsing withot legal e!cse to obe$ smmons refsing to be sworn or placed nder affirmation refsing to answer an$ legal in0ir$ to prodce boo>s, records etc. restraining another from attending as witness in sch bod$ indcing disobedience to a smmons or refsal to be sworn
Article 1$1 RESISTANCE 7ISO •
ELEMENTS:
1. That a person in athorit$ or his agent is engaged in the performance of official dt$ or gives a lawfl order to the offender. 2. That the offender resists or seriosl$ disobe$s sch person in athorit$ or his agent. 3. That the act of the offender is not inclded in the provisions of arts. 14I, 14 and 1"J. SIM%LE 7ISO •
ELEMENTS:
1. That an agent of a person in athorit$ is engaged in the performance of official dt$ gives a lawfl order to the offender. 2. That the offender disobe$s sch agent of a person in athorit$. 3. That sch disobedience is not of a serios natre.
7irect Assalt =14>
Resistant an0 7iso)e0ience to a %erson in At"orit* or A(ents o- sc" %erson =1$1>
P9% or his agent mst be engaged in the P9% or his agent mst be in the actal performance of official dties or that he performance of his dties. is assalted :irect assalt is committed in 4 wa$s – 6ommitted b$ resisting or seriosl$ b$ attac>ing, emplo$ing force, and disobe$ing a P9% or his agent. seriosl$ resisting a P9% or his agent. )se of force against an agent of P9% mst be serios and deliberate.
)se of force against an agent of a P9% is not so seriosA no manifest intention to def$ the law and the officers enforcing it.
Article 1$5 %ERSONS IN AUT8ORITYBAGENTS OF %ERSONS IN AUT8ORITY: •
1. 2. 3. 4.
Persons in %thorit$ – an$ person directl$ vested with Drisdiction, whether as an individal or as a member of some cort or governmental corporation, board or commission. /aranga$ captain /aranga$ chairman Teachers Professors
". Persons charged with the spervision of pblic or dl$ recogni?ed private schools, colleges and niversities #. Law$ers in the actal performance of their professional dties or on the occasion of sch performance •
1. 2. 3. 4. •
%gent of Person in %thorit$ – an$ person who, b$ direct provision of law or b$ election or b$ appointment b$ competent athorit$, is charged with the maintenance of pblic order and the protection and secrit$ of life and propert$. /arrio concilman /arrio policeman /aranga$ leader %n$ person who comes to the aid of persons in athorit$ ection 3II of the Local Gov
V. CRIMES AGAINST PUBLIC DISORDERS Article 1$ •
TY%ES OF TUMULTS AN7 OT8ER 7ISTUR
1. 6asing an$ serios distrbance in a pblic place, office or establishment 2. 9nterrpting or distrbing pblic performances, fnctions, gatherings or peacefl meetings, if the act is not inclded in %rt 131 and 132 BPblic fficers interrpting peacefl meetings or religios worship@. 3. a>ing an$ otcr$ tending to incite rebellion or sedition in an$ meeting, association or pblic place 4. :ispla$ing placards or emblems which provo>e a distrbance of pblic order in sch place ". /r$ing with pomp the bod$ of a person who has been legall$ e!ected.
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9f the act of distrbing or interrpting a meeting or religios ceremon$ is -T committed b$ pblic officers, or if committed b$ pblic officers the$ are not participants therein, this article applies. %rt 131 and 132 pnishes the same acts if committed b$ pblic officers who are -T participants in the meeting The otcr$ is merel$ a pblic disorder if it is an nconscios otbrst which, althogh rebellios or seditios in natre, is not intentionall$ calclated to indce others to commit rebellion or sedition, otherwise, its inciting to rebellion or sedition. Tmltos – if cased b$ more than 3 persons who are armed or provided with means of violence Bcircmstance 0alif$ing the distrbanceEinterrption@ – ;tmltos in character=
Article 1$4 •
TY%ES OF UNLA2FUL USE OF MEANS OF %U
1. Pblishing or casing to be pblished, b$ means of printing, lithograph$ or an$ other means of pblication as news an$ false news which ma$ endanger the pblic order, or case damage to the interest or credit of the tate. 2. ncoraging disobedience to the law or to the constitted athorities or b$ praising, Dstif$ing or e!tolling an$ act pnished b$ law, b$ the same means or b$ words, tterances or speeches 3. aliciosl$ pblishing or casing to be pblished an$ official resoltion or docment withot proper athorit$, or before the$ have been pblished officiall$ 4. Printing, pblishing or distribting or Bcasing the same@ boo>s, pamphlets, periodicals or leaflets which do not bear the real printer
Article 1$$ •
TY%ES OF ALARMS AN7 SCAN7ALS:
1. :ischarging an$ firearm, roc>et, firecrac>er, or other e!plosive within an$ town or pblic place, calclated to case alarm or danger 2. 9nstigating or ta>ing active part in an$ charivari or other disorderl$ meeting offensive to another or preDdicial to pblic tran0ilit$ 3. :istrbing the pblic peace while wandering abot at night or while engaged in an$ other noctrnal amsement 4. 6asing an$ distrbance or scandal in pblic places while into!icated or otherwise, provided the act is not covered b$ %rt 1"3 Btmlt@. •
• •
6harivari – moc> serenade or discordant noises made with >ettles, tin horns etc, designed to deride, inslt or anno$ Cirearm mst not be pointed at a person, otherwise, it is illegal discharge &hat governs is the reslt, not the intent
CRIME
Natre o- Cri/e
2"o are Lia)le
Tmlts and other :istrbances B1"3@
6rime against Pblic rder
Private persons, otsider
%larms and candals B1""@
6rime against Pblic rder
Private persons, otsider
Article 1$& •
ELEMENTS OF 7ELI3ERING %RISONERS FROM AILS:
1. That there is a person confined in a Dail or penal establishment. 2. That the offender removes therefor sch person, or helps the escape of sch person Bif the escapee is serving final Ddgement, he is gilt$ of evasion of sentence@. 3. ffender is a private individal •
•
• •
•
Prisoner ma$ be detention prisoner or one sentenced b$ virte of a final Ddgment % policeman assigned to the cit$ Dail as gard who while off7dt$ released a prisoner is liable here 9t ma$ be committed throgh negligence 6ircmstances 0alif$ing the offense – is committed b$ means of violence, intimidation or briber$. itigating circmstance – if it ta>es place otside the penal establishment b$ ta>ing the gards b$ srprise
VI. EVASION OF SENTENCE OR SERVICE Article 1$' •
ELEMENTS OF E3ASION OF SER3ICE OF SENTENCE:
1. That the offender is a convict b$ final Ddgment. 2. That he is serving his sentence which consists in deprivation of libert$ Bdestierro inclded@ 3. That he evades the service of his sentence b$ escaping dring the term if his sentence. Bfact of retrn immaterial@. •
% contining offense.
• • • • •
1. 2. 3. 4.
ffenders – not minor delin0ents nor detention prisoners 9f escaped within the 1" da$ appeal period – no evasion -o applicable to deportation as the sentence Clims$ e!cse for violating destierro – not acceptable 6ircmstances 0alif$ing the offense Bdone thr@' nlawf nlawfll entr entr$ $ Bb$ ;scalin ;scaling=@ g=@ brea>ing brea>ing doors, doors, windows, windows, gates, gates, walls, roofs or floors floors sing pic>loc>s, pic>loc>s, false false >e$s, >e$s, disgise, disgise, deceit, deceit, violen violence ce or intimida intimidation tion connivance connivance with with other other convicts convicts or or emplo$ees emplo$ees of of the penal penal institt instittion ion
Article 1$ •
ELEMENTS OF E3ASION OF SER3ICE OF SENTENCE ON T8E OCCASION OF 7ISOR7ERS+ CONFLAGRATIONS+ EART8;UADES OR OT8ER CALAMITIES: CALAMITIES:
1. That the the offender offender is a convict convict b$ final final Ddgemen Ddgementt who is confined confined in in a penal instittion. 2. That there there is is disorder disorder,, resltin reslting g from7 from7 1. conflag conflagration ration,, 2. earth0a>e, 3. e!plosion, or 4. similar catastrophe, or ". mtin$ in which he has not participated. 1. That the the offender offender evades evades the the service service of his sentence sentence b$ leaving leaving the penal penal instittion where he is confined, on the occasion of sch disorder or dring the mtin$. 2. That the the offender offender fails fails to give himself himself p p to the athori athorities ties within within 4I hors hors following the insrance of a proclamation b$ the chief e!ective annoncing the passing awa$ of sch calamit$. •
• •
•
Penalt$' an increase b$ 1E" of the time remaining to be served nder the original sentence, in no case to e!ceed # months. ffender mst escape to be entitled to allowance tin$ – organi?ed nlawfl resistance to a sperior officer, a sedition, a revolt :isarming the gards is not mtin$
Article 1$ 3IOLATION OF CON7ITIONAL CON7IT IONAL %AR7ON %AR7ON
•
ELEMENTS:
1. That That the the offen offender der was a convi convict. ct. 2. That he he was granted granted a conditiona conditionall pardon pardon b$ the the chief chief e!ective. e!ective. 3. That he he violated violated an$ an$ of the conditi conditions ons of sch pardon. pardon. • •
6ondition e!tends to special laws – violation of illegal voting ffender mst have been fond gilt$ of the sbse0ent offense before he can be prosected nder this %rticle. %rticle. /t if nder 5evised %dmin %dmin 6ode, no conviction necessar$. President has power to arrest, reincarnate offender withot trial.
3IOLATION OF %AR7ON
9nfringement of conditionsEterms of President •
OR7INARY E3ASION
To evade the penalt$ given b$ the corts – distrbs the pblic order
T,o #enalties #roi0e0:
1. prision prision correccional correccional in its minimm minimm period period – if the the penalt$ penalt$ remitted remitted does not not e!ceed # $ears 2. the ne!pired ne!pired portion portion of his origina originall sentence sentence – if the penalt$ penalt$ remitted remitted is higher than # $ears
VII. COMMISSION OF ANOTHER CRIME Article 1&6 COMMISSION OF ANOT8ER CRIME 7URING SER3ICE OF %ENALTY IM%OSE7 FOR ANOT8ER %RE3IOUS OFFENSE@%ENALTY: =quasi=quasirei!i"is#> rei!i"is# > •
ELEMENTS
1. That the the offender offender was alread$ alread$ convict convicted ed b$ final final Ddgement Ddgement of one one offense. offense. 2. That he commit committed ted a new felon$ felon$ before before beginnin beginning g to serve sch sch sentence sentence or while serving the same. •
•
•
Nasi7recidivism ' a person after having been convicted b$ final Ddgement shall commit a new felon$ before beginning to serve sch sentence, or while serving the same. econd crimes mst belong to the 5P6, not special laws. Cirst crime ma$ be either from the 5P6 or special laws 5eiteracion' offender shall have served ot his sentence for the prior offense
•
• •
•
% 0asi7recidivist ma$ be pardoned at age a ge J. !cept' )nworth$ or Habital :elin0ent 9f new felon$ is evasion of sentence – offender is not a 0asi7recidivist Penalt$' ma!imm period of the penalt$ for the new felon$ shold be imposed Bmitigating circmstance can onl$ be appreciated if the ma!imm is divisible@ Nasi75ecidivism ma$ be offset b$ a special privileged mitigating circmstance Be!. inorit$@
TITLE FOUR I. CRIMES CRIMES AGAINST AGAINST PUBLIC PUBLIC INTEREST Article 1&1 •
TY%ES OF COUNTERFEITING GREAT SEAL OF GO3ERNMENT:
1. Corgin Corging g the great great seal seal of of the Gove Governm rnment ent 2. Corgin Corging g the sign signat atre re of the the Presi Presiden dentt 3. Corgin Corging g the the stamp stamp of of the the Presid President ent •
•
&hen the signatre of the President is forged, it is not falsification bt forging of signatre nder this article ignatre mst be forged, others signed it – not the President.
Article 1&5 •
USING FORGE7 SIGNATURE OR COUNTERFEIT SEAL OR STAM%:
1. That the the great seal of of the repblic repblic was was conterfeited conterfeited or or the signatre signatre or stamp stamp of the chief e!ective was forged b$ another person. 2. That the the offender offender >new >new of the the conterfei conterfeiting ting or or forger$ forger$.. 3. That he he sed the the conterfe conterfeit it seal or forged forged signatre signatre or stamp. stamp. •
ffender is -T the forgerEnot the case of the conterfeiting
Article 1& •
ELEMENTS OF MADING AN7 IM%ORTING AN7 UTTERING FALSE COINS:
1. That there be false or conterfeited coins Bneed not be legal tender@. 2. That the offender either made, imported or ttered sch coins. 3. That in case of ttering sch false or conterfeited coins, he connives with conterfeiters or importers. •
•
• • • • •
6oin is conterfeit – if it is forged, or if it is not an article of the government as legal tender, regardless if it is of no vale 6onterfeiting – imitation of legal or genine coin Bma$ contain more silver, different design@ sch as to deceive an ordinar$ person in believing it to be genine )tter – to pass conterfeited coins, deliver or give awa$ 9mport – to bring to port the same /oth Philippine and foreign state coins %pplies also to coins withdrawn from circlation ssence of article' ma>ing of coins withot athorit$
Article 1&4 •
ELEMENTS OF MULTILATION OF COINS IM%ORTATION AN7 UTTERANCE:
This has been repealed b$ P: 24. )nder this P:, the acts pnishable are' 1. 2. 3. 4. ". •
• •
willfl defacement mtilation tearing brning destrction of 6entral /an> notes and coins tilation – to ta>e off part of the metal either b$ filling it or sbstitting it for another metal of inferior 0alit$, to diminish b$ inferior means Bto diminish metal contents@. Coreign notes and coins not inclded. st be legal tender. st be intention to mtilate.
Article 1&$ SELLING OF FALSE OR MUTILATE7 COIN+ 2IT8OUT CONNI3ANCE •
2 T$pes
1. Possession of coin, conterfeited or mtilated b$ another person, with intent to tter the same, >nowing that it is false or mtilated. ELEMENTS:
1. 2. 3. 4.
possession with intent to tter, and >nowledge %ctall$ ttering sch false or mtilated coin, >nowing the same to be false or mtilated.
ELEMENTS:
1. actall$ ttering, and 2. >nowledge. • • •
Possession does not re0ire legal tender in foreign coins 9ncldes constrctive possession 5ead 5% 42
Article 1&& FORGING TREASURY OR
%cts pnishable'
1. Corging or falsit$ of treasr$Eban> notes or docments pa$able to bearer 2. 9mporting of sch notes 3. )ttering of sch false or forged obligations and notes in connivance with forgers and importers •
•
•
•
•
Corging – b$ giving a treasr$ or ban> note or docment pa$able to bearerEorder an appearance of a tre and genine docment Calsification – b$ erasing, sbstitting, conterfeiting or altering b$ an$ means the figres and letters, words, signs contained therein .g. falsif$ing – lotto or sweepsta>es tic>et. %ttempted estafa throgh falsification of an obligation or secrit$ of the Phil P-/ chec>s not inclded here – it notes, copons, treasr$ notes, certificate of deposits, chec>s, drafts for mone$, sweepsta>es mone$
Article 1&' •
ELEMENTS OF COUNTERFEITING+ IM%ORTING+ AN7 UTTERING INSTRUMENTS NOT %AYA
1. That there be an instrment pa$able to order or other docment of credit not pa$able to bearer. 2. That the offender either forged, imported or ttered sch instrments.
3. That in case of ttering, he connived with the forger or importer.
Article 1& •
ELEMENTS OF ILLEGAL %OSSESSION AN7 USE OF FALSE TREASURY OR
1. That an$ treasr$ or ban> note or certificate or other obligation and secrit$ pa$able to bearer, or an$ instrment pa$able to order or other docment of credit not pa$able to bearer is forged or falsified b$ another person. 2. That the offender >nows that an$ of those instrments is forged or falsified. 3. That he performs an$ of these acts – 1. sing an$ of sch forged or falsified instrment, or 2. possessing with intent to se an$ of sch forged or falsified instrment. •
%ct soght to be pnished' 8nowingl$ possessing with intent to se an$ of sch forged treasr$ or ban> notes
Article 1& FORGERY • •
How forger$ is committed' if all acts done bt genine appearance is not given, the crime is frstrated
1. b$ giving to a treasr$ or ban> note or an$ instrment pa$able to bearer or to order, the appearance of a tre and genine docment 2. b$ erasing, sbstitting, conterfeiting, altering b$ an$ means the figres, letters or words, or signs contained therein.
Article 1'6 •
ELEMENTS OF FALSIFICATION OF LEGISLATI3E 7OCUMENTS:
1. That these be a bill, resoltion or ordinance enacted or approved or pending approval b$ the national assembl$ or an$ provincial board or mnicipal concil. 2. That the offender Ban$ person@ alters the same. 3. That he has no proper athorit$ therefor. 4. That the alteration has changed the meaning of the docment. •
%ccsed mst not be a pblic official entrsted with the cstod$ or possession of sch docment otherwise %rt 11 applies.
Article 1'1 FALSIFICATION OF 7OCUMENTS
ELEMENTS:
1. That the offender is a pblic officer, emplo$ee, or notar$ pblic. 2. That he ta>es advantage of his official position. 3. That he falsifies a docment b$ committing an$ of the following acts' 1. 6onterfeiting or imitating an$ handwriting, signatre or rbric. Reisites:
1. That there be an intent to imitate, or an attempt to imitate 2. That the two signatres or handwritings, the genine and the forged, bear some resemblance, to each other •
Blac> of similitdeEimitation of a genine signatre will not be a grond for conviction nder par. 1 bt sch is not an impediment to conviction nder par. 2@
1. 6asing it to appear that persons have participated in an$ act or proceeding when the$ did not in fact so participate. 2. %ttribting to persons who have participated in an act or proceeding statements other than those in fact made b$ them. Reisites:
1. That the offender cased it to appear in a docment that a personEs participated in an act or a proceedingA and 2. That sch personEs did not in fact so participate in the act or proceeding 3. a>ing ntrthfl statements in a narration of factsA Reisites:
1. That the offender ma>es in a docment statements in a narration of facts 2. That he has a legal obligation to disclose the trth of the facts narrated b$ himA Bre0ired b$ law to be done@ and 3. That the facts narrated b$ the offender are absoltel$ falseA and 4. That the perversion or trth in the narration of facts was made with the wrongfl intent of inDring a third person •
•
There mst be a narration of facts, not a conclsion of law. st be on a material matter Legal obligation means that there is a law re0iring the disclosre of the trth of the facts narrated. !. 5esidence certificates
•
The person ma>ing the narration of facts mst be aware of the falsit$ of the facts narrated b$ him. This >ind of falsification ma$ be committed b$ omission
1. %ltering tre dates. – date mst be essential 2. a>ing an$ alteration or intercalation in a genine docment which changes its meaning. Reisites:
1. 2. 3. 4. ".
That there be an alteration Bchange@ or intercalation Binsertion@ on a docment That it was made on a genine docment That the alterationEintercalation has changed the meaning of the docment That the change made the docment spea> something false. 9ssing in an athenticated form a docment prporting to be a cop$ of an original docment when no sch original e!ists, or inclding in sch cop$ a statement contrar$ to, or different from, that of the genine originalA Bif no >nowledge, falsification throgh negligence@ or #. 9ntercalating an$ instrment or note relative to the issance thereof in a protocol, registr$, or official boo>. Bgenine docment@ . 9n case the offender is an ecclesiastical minister, the act of falsification is committed with respect to an$ record or docment of sch character that its falsification ma$ affect the civil stats of persons. • •
•
•
•
• •
There is no crime of attempted or frstrated falsification of pblic docment Persons liable – pblic officer, emplo$ee or notar$ pblic or ecclesiastical minister 9f offender does not ta>e advantage of his pblic position, he ma$ still be liable for falsification of docments b$ a private person :ocment' an$ written statement b$ which a right is established or an obligation is e!tingished -ot necessar$ that what is falsified is a genine or real docment, enogh that it gives an appearance of a genine article 6onterfeiting – imitating an$ handwriting, signatre or rbric Ceigning – simlating a signatre, handwriting, or rbric ot of one of which does not in fact e!ist
Article 1'5 FALSIFICATION OF %U •
ELEMENTS
1. That the offender is a private individal or a pblic officer or emplo$ee who did not ta>e advantage of his official position. 2. That he committed an$ of the acts of falsification enmerated in %5T. 11. 1. 6onterfeiting or imitating an$ handwriting, signatre or rbric.
2. 6asing it to appear that persons have participated in an$ act or proceeding when the$ did not in fact so participated. 3. %ttribting to persons who have participated in an act or proceeding statements other than those in fact made b$ them. 4. a>ing ntrthfl statements in a narration of factsA ". %ltering tre dates. #. a>ing an$ alteration or intercalation in a genine docment which changes its meaning. . That the falsification was committed in an$ pblic or official or commercial docment. • • • •
•
• •
)nder this paragraph, damage is not essential, it is presmed :efense' lac> of malice or criminal intent The following writings are pblic' !amples of commercial docments – warehose receipts, airwa$ bills, ban> chec>s, cash files, deposit slips and ban> statements, Dornals, boo>s, ledgers, drafts, letters of credit and other negotiable instrments 6ash disbrsement vochers or receipts evidencing pa$ments are not commercial docments % mere blan> form of an official docment is not in itself a docment The possessor of falsified docment is presmed to be the athor of the falsification
1. the written acts or records of cats of the sovereign athorit$ of official bodies and tribnals, and of the pblic officers, legislative, Ddicial and e!ective, whether of the Philippines or of a foreign contr$. 2. Pblic records >ept in the Philippines.
FALSIFICATION UN7ER %ARAGRA%8 5 OF ART. 1'5. OF %RI3ATE 7OCUMENT •
ELEMENTS :
1. That the offender committed an$ of the acts of falsification, e!cept those in paragraph and I, enmerated in art. 11. 2. That the falsification was committed in an$ private docment Bmst affect the trth or integrit$ of the docment@ 3. That the falsification cased damage Bessential elementA hence, no crime of estafa ths falsification of private docment@ to a third part$ or at least the falsification was committed with intent to case sch damage. •
•
•
-ot necessar$ that the offender profited or hoped to profit from the falsification % docment falsified as a necessar$ means to commit another crime mst be pblic, official or commercial There is no comple! crime of estafa throgh falsification of a private docment becase the immediate effect of the latter is the same as that of estafa
•
•
•
9f the estafa was alread$ consmmated at the time of the falsification of a private docment was committed for the prpose of concealing the estafa, the falsification is not pnishable, becase as regards the falsification of the private docment there was no damage or intent to case damage. % private docment ma$ ac0ire the character of a pblic docment when it becomes part of an official record and is certified b$ a pblic officer dl$ athori?ed b$ law The crime is falsification of pblic docments even if falsification too> place before the private docment becomes part of the pblic records.
USE OF FALSIFIE7 7OCUMENT =#ar. + art. 1'5> •
ELEMENTS:
1. 9ntrodcing in a Ddicial proceeding' 1. That the offender >new that a docment was falsified b$ another person. 2. That the false docment is embraced in art. 11 or in an$ sbdivisions nos. 1 and 2 of art. 12. 3. That he introdced said docment in evidence in an$ Ddicial proceeding. Bintent to case damage not necessar$@ 4. that the offender >new that a docment was falsified b$ another person. ". That the false docment is embraced in art. 11 or in an$ of sbdivisions nos. 1 and 2 of art. 12. #. That he sed sch docments Bnot in Ddicial proceedings@. . That the se of the docments cased damage to another or at least was sed with intent to case sch damage. 2. )se in an$ other transaction •
The ser of the falsified docment is deemed the athor of falsification, if'
1. the se is so closel$ connected in time with the falsification 2. the ser had the capacit$ of falsif$ing the docment
Falsi-ication o- %riate 7oc/ents
Falsi-ication o- %)licBO--icial 7oc/ents
PreDdice to third part$ is an element PreDdice to third persons is immaterial, what is of the offense. pnished is the violation of pblic faith and perversion of trth which the docment proclaims.
Article 1'
FALSIFICATION OF 2IRELESS+ CA
Acts #nis"a)le:
1. )ttering fictitios, wireless, telegraph or telephone message 5e0isites' 1. That the offender is an officer or emplo$ee of the government or an officer or emplo$ee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. 2. That the accsed commits an$ of the following acts' 7
ttering fictitios wireless, cable, telegraph, or telephone message, or
7
falsif$ing wireless, cable, telegraph, or telephone message 1. Falsi-*in( ,ireless+ tele(ra#" or tele#"one /essa(e
Reisites:
1. That the offender is an officer or emplo$ee of the government or an officer or emplo$ee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. 2. That the accsed commits an$ of the following acts' 7
ttering fictitios wireless, cable, telegraph, or telephone message, or
7
falsif$ing wireless, cable, telegraph, or telephone message 1. Usin( sc" -alsi-ie0 /essa(e
Reisites:
1. That the accsed >new that wireless, cable, telegraph, or telephone message was falsified b$ an$ of the person specified in the first paragraph of art. 13. 2. That the accsed sed sch falsified dispatch. 3. That the se of the falsified dispatch reslted in the preDdice of a third part$, or that the se thereof was with intent to case sch preDdice. •
The pblic officer, to be liable mst be engaged in the service of sending or receiving wireless, cable and telegraph or telephone message
Article 1'4 FALSIFICATION OF ME7ICAL CERTIFICATES+ CERTIFCATES OF MERIT OR SER3ICE AN7 T8E LIDE:
•
%ersons lia)le:
1. Ph$sician or srgeon who, in connection with the practice of his profession, issed a false certificate Bnote' sch certificate mst refer to the illness or inDr$ of a person@ 2. Pblic officer who issed a false certificate of merit of service, good condct or similar circmstances 3. Private individal who falsified a certificate nder B1@ and B2@
Article 1'$ •
ELEMENTS OF USING FALSE CERTIFICATES:
1. That a ph$sician or srgeon has issed a false medical certificate, or a pblic officer has issed a false certificate of merit or service, good condct, or similar circmstances, or a private person had falsified an$ of said certificates. 2. That the offender >new that the certificate was false. 3. That he sed the same.
Article 1'& MANUFACTURING AN7 %OSSESSION OF INTRUMENTS OR IM%LEMENTS FOR FALSIFICATION: •
Acts #nis"a)le:
1. a>ing or introdcing into the Philippines an$ stamps, dies or mar>s or other instrments or implements for conterfeiting or falsification 2. Possessing with intent to se the instrments or implements for conterfeiting or falsification made in or introdced into the Philippines b$ another person • •
The implement confiscated need not form a complete set 6onstrctive possession is also pnished
II. OTHER FALSITIES Article 1'' USUR%ATION OF AUT8ORITY OR OFFICIAL FUNCTIONS: •
5 ,a*s o- co//ittin( t"e cri/e:
1. /$ >nowingl$ and falsel$ representing oneself to be an officer, agent or representative of an$ department or agenc$ of the Philippine gov
•
• •
9n srpation of athorit$' The mere act of >nowingl$ and falsel$ representing oneself is sfficient. -ot necessar$ that he performs an act pertaining to a pblic officer. 9n srpation of official fnctions' 9t is essential that the offender shold have performed an act pertaining to a person in athorit$ % pblic officer ma$ also be an offender The act performed withot being lawfll$ entitled to do so mst pertain'
1. to the gov
Article 1' USING FICTITIOUS NAME AN7 CONCEALING TRUE NAME •
ELEMENTS =sin( -ictitios na/e> :
1. That the offender ses a name other than his real name. 2. That he ses that fictitios name pblicl$. 3. That the prpose of the offender is – 1. To conceal a crime, 2. To evade the e!ection of a Ddgment, or 3. To case damage to pblic interest. Be!. igning fictitios name for a passport@ •
ELEMENTS =concealin( tre na/e>:
1. that the offender conceals – 2. his tre name, and 3. all other personal circmstances. 1. that the prpose is onl$ to conceal his identit$.
Use o- Fictitios Na/e =1'>
Concealin( Tre Na/e =1'>
lement of pblicit$ mst be present
Pblicit$ not necessar$
Prpose is to conceal a crime, to evade the e!ection of a Ddgement, or to case damage
Prpose is to conceal identit$
Article 1'
•
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender ma>es se of insignia, niform or dress. 2. That the insignia, niform or dress pertains to an office not held b$ the offender or to a class of persons of which he is not a member. 3. That said insignia, niform or dress is sed pblicl$ and improperl$. •
an e!act imitation of the dress or niform is nnecessar$
Article 16 •
1. 2. 3. 4.
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•
ELEMENTS OF FALSE TESTIMONY AGAINST A 7EFEN7ANT:
That there be a criminal proceeding. That the offender testifies falsel$ nder oath against the defendant therein. That the offender who gives false testimon$ >nows that it is false. That the defendant against whom the false testimon$ is given is either ac0itted or convinced in a final Ddgment Bprescriptive period starts at this point@ 5e0ires criminal intent, can
Article 11 FALSE TESTIMONY IN FA3OR OF 7EFEN7ANT in a cri/inal case: • • • •
•
•
Calse testimon$ b$ negative statement is in favor of the defendant Calse testimon$ need not in fact benefit the defendant % statement of a mere opinion is not pnishable 6onviction or ac0ittal is not necessar$ Bfinal Ddgement is not necessar$@. The false testimon$ need not inflence the ac0ittal % defendant who volntaril$ goes p on the witness stand and falsel$ imptes the offense to another person the commission of the offense is liable nder this article. 9f he merel$ denies the commission of the offense, he is not liable. /asis of penalt$' gravit$ of the felon$ charged against the defendant
Article 15
•
ELEMENTS OF FALSE TESTIMONY IN CI3IL CASES:
1. 2. 3. 4.
That the testimon$ mst be given in a civil case. That the testimon$ mst relate to the isses presented in said case. That the testimon$ mst be false. That the false testimon$ mst be given b$ the defendant >nowing the same to be false. ". That the testimon$ mst be malicios and given with an intent to affect the isses presented in the said case •
•
-ot applicable when testimon$ given in a special proceeding Bin this case, the crime is perDr$@ /asis of penalt$' amont involved in the civil case
Article1 ELEMENTS OF FALSE TESTIMONY IN OT8ER CASES AN7 %ERURY IN SOLEMN AFFIRMATION:
1. That an accsed made a statement nder oath or made an affidavit pon a material matter. 2. That the statement or affidavit was made before a competent officer, athori?ed to receive and administer oath. 3. That in that statement or affidavit, the accsed made a willfl and deliberate assertion of a falsehood, and 4. That the sworn statement or affidavit containing the falsit$ is re0ired b$ law.
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• • •
•
•
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5 ,a*s o- co//ittin( #err*: bornation of perDr$' procres another to swear falsel$. olemn affirmation' refers to non7Ddicial proceedings and affidavits % false affidavit to a criminal complaint ma$ give rise to perDr$ % matter is material when it is directed to prove a fact in isse % ;competent person athori?ed to administer an oath= means a person who has a right to in0ire into the 0estions presented to him pon matters nder his Drisdiction There is no perDr$ throgh negligence or imprdence since the assertion of falsehood mst be willfl and deliberate ven if there is no law re0iring the statement to be made nder oath, as long as it is made for a legal prpose, it is sfficient PerDr$ is an offense which covers false oaths other than those ta>en in the corse of Ddicial proceedings Calse testimon$ before the Dstice of the peace dring the P.9. ma$ give rise to the crime of perDr$ becase false testimon$ in Ddicial proceedings contemplates an actal trial where a Ddgment of conviction or ac0ittal is rendered
•
•
% person who >nowingl$ and willfll$ procres another to swear falsel$ commits sbornation of perDr$ and the witness sborned does testif$ nder circmstances rendering him gilt$ of perDr$. The false testimon$ is not in a Ddicial proceeding
1. b$ falsel$ testif$ing nder oath 2. b$ ma>ing a false statement
Article 14 •
ELEMENTS OF OFFERING FALSE TESTIMONY IN E3I7ENCE:
a
That the offender offered in evidence a false witness or false testimon$.
b
That he >new the witness or the testimon$ was false.
c
That the offer was made in a Ddicial or official proceeding. •
•
%rticle applies when the offender withot indcing another, bt >nowing him to be a false witness, presented him and the latter testified falsel$ in a Ddicial or official proceeding The false witness need not be convicted of false testimon$. The mere offer is sfficient.
III. FRAUDS Article 1$ •
ELEMENTS OF MAC8INATIONS IN %U
a
That there be a pblic action.
b
That the accsed solicited an$ gift or a promise from an$ of the bidders.
c That sch gifts or promise was the consideration for his refraining from ta>ing part in that pblic action. d That the accsed had the intent to case the redction of the price of the thing actioned. •
a
ELEMENTS OF ATTEM%TING TO CAUSE
That there be a pblic action.
b That the accsed attempted to case the bidders to sta$ awa$ from that pblic action
c
That it was done b$ threats, gifts, promises, or an$ other artifice.
d That the accsed had the intent to case the redction of the price of the thing actioned.
Article 1& MONO%OLIES AN7 COM
Acts #nis"e0:
1. 6ombination to prevent free competition in the mar>et 2. /$ entering into a contract or agreement or ta>ing part in an$ conspirac$ or combination in the form of a trst or otherwise, in restraint of trade or commerce or prevent b$ artificial means free competition in the mar>et B9t is enogh that initial steps are ta>en. 9t is not necessar$ that there be actal restraint of trade@ 3. onopol$ to restrain free competition in the mar>et 7 /$ monopoli?ing an$ merchandise or obDect of trade or commerce, b$ combining with an$ person or persons to monopoli?e said merchandise or obDect in order to alter the prices thereof b$ spreading false rmors or ma>ing se of an$ other artifice to restrain free competition in the mar>et 4. anfactrer, prodcer or processor or importer combining, conspiring or agreeing with an$ person to ma>e transactions preDdicial to lawfl commerce or to increase the mar>et price of the merchandise.
•
PersonEs liable' 6rime is committed b$' The prpose is' %lso liable as principals' %ggravated if items are'
1. 2. 3. 4.
manfactrer prodcer processor importer
• • • •
1. combining 2. conspiring 3. agreeing with another person 1. to ma>e transactions preDdicial to lawfl commerce 2. to increase the mar>et price of an$ merchandise or obDect of commerce manfactred, prodced, processed, assembled or imported into the Phil 1. corporationEassociation
2. agentErepresentative 3. directorEmanager – who willingl$ permitted or failed to prevent commission of above offense 1. food sbstance 2. motor fel or lbricants 3. goods of prime necessit$
Article 1' •
ELEMENTS OF IM%ORTATION AN7 7IS%OSITION OF FALSELY MARDE7 ARTICLES OR MERC8AN7ISE MA7E OF GOL7+ SIL3ER+ OR OT8ER %RECIOUS METALS OR T8EIR ALLOYS:
a That the offender imports, sells or disposes of an$ of those articles or merchandise. b That the stamps, brands, or mar>s or those articles or merchandise fails to indicate the actal fineness or 0alit$ of said metals or allo$s. c That the offender >nows that the said stamp, brand, or mar> fails to indicate the actal fineness or 0alit$ of the metals or allo$s.
Article 1 SU
%cts pnishable'
a /$ Ba@ sbstitting the trade name BtEn@ or trademar> BtEm@ of some other manfactrer or dealer or a colorable imitation thereof, for the tEn or tEm of the real manfactrer or dealer pon an$ article of commerce and Bb@ selling the same. b /$ selling or b$ offering for sale sch article of commerce, >nowing that the tEn or tEm has been fradlentl$ sed c /$ sing or sbstitting the service mar> of some other person, or a colorable imitation of sch mar>s, in the sale or advertising of services d /$ printing, lithographing or reprodcing tEn, tEm or service mar> of one person, or a colorable limitation thereof, to enable another person to fradlentl$ se the same, >nowing the fradlent prpose for which it is to be sed.
Article 1 UNFAIR COM%ETITION+ FRAU7ULENT REGISTRATION OF TRA7ENAME+ TRA7EMARD SER3ICE MARD+ FRAU7ULENT 7ESIGNATION OF ORIGIN+ AN7 FALSE 7ESCRI%TION •
Acts #nis"e0:
a )nfair competition b$ selling his goods, giving them the general appearance of the goods of another manfactrer or dealer b Cradlent designation of originA false description b$ Ba@ affi!ing to his goods or sing in connection with his services a false designation of originA or an$ false description or representation, and Bb@ selling sch goods or services c Cradlent registration b$ procring fradlentl$ from the patent office the registration of tEm, tEm or service mar>. •
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another manfactrer or dealer b That the general appearance is shown in the Ba@ goods themselves, or in the Bb@ wrapping of their pac>ages, or in the Bc@ device or words therein, or in Bd@ an$ other featre of their appearance c That the offender offers to sell or sells those goods or gives other persons a chance or opportnit$ to do the same with a li>e prpose. d
That there is actal intent to deceive the pblic or defrad a competitor.
TITLE FI3E CRIMES RELATE7 TO O%IUM AN7 OT8ER %RO8I T8E 7ANGEROUS 7RUGS ACT OF 1'5 =RA No. &45$+ as a/en0e0>
I.
A$s Pu%is&a'(e) 1. importation of prohibited drgs 2. sale, administration, deliver$, distribtion and transportation of prohibited drgs 3. maintenance of a den, dive or resort for prohibited drg sers 4. being emplo$ees or visitors of drg den ". manfactre of prohibited drgs #. possession or se . cltivation of plants I. failre to compl$ with provisions relative to >eeping of records of prescription . nnecessar$ prescription 1J. possession of opim pipe and other paraphernalia 11. 9mportation, sale, etc. of reglated drgs • •
9mportation of prohibitedEreglated drgs. ale, administration, deliver$, distribtion and transaction of prohibitedEreglated drgs.
)uali(%in* Circumstances – if the victim of the offense is a minor or shold a prohibitedEreglated drg involve in an$ offense nder this section be the pro!imate case of the death of a victim thereof, the ma!imm penalt$ herein shall be imposed. •
aintenance of a den, dive, or resort for prohibitedEreglated drg sers.
)uali(%in* Circumstance – where a prohibitedEreglated drg is administered, delivered, or sold to a minor who is allowed to se the same in sch place, or shold a prohibited drg be the pro!imate case of the death of the person sing the same in sch den, dive or resort, the ma!imm of the penalt$ shall be imposed. • •
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anfactre of prohibitedEreglated drgs. Possession of prohibitedEreglated drgs.
Cultivation of plants which are sources of prohibited drugs.
a -ote: The landEportions thereof andEor greenhoses in which an$ of the said plants is cltivated or cltred shall be confiscated and escheated to the tate, nless the owner thereof can prove that he did not >now of sch cltivation or cltre despite the e!ercise of de diligence on his part. b )uali(%in* Circumstance – if the land involved is part of the pblic domain, the ma!imm of the penalt$ herein provided shall be imposed.
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Failure to keep records of prescription, sales, purchases, acquisitions and/or deliveries of prohibited/regulated drugs
Persons liable:
Pharmacist, Physician, entist, !eterinarian, "anufacturer, #holesaler, $mporter, istributor, ealer, %etailer ·
&nlawful prescription of prohibited/regulated drugs
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&nnecessary prescription of prohibited/regulated drugs
Persons Liable' Ph$sician or dentist who shall prescribe an$ prohibitedEreglated drg for an$ person whose ph$sicalEph$siological condition does not re0ire the se of thereof.
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Possession of opium pipe, equipment, apparatus or any paraphernalia fit or intended for smoking, consuming, administering, in'ecting, ingesting, or otherwise using opium or any other prohibited drug, shall be prima facie evidence that the possessor has smoked, consumed, administered to himself, in'ected or used a prohibited drug.
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(ttempt and conspiracy to commit the following offenses)
a
9mportation of dangeros drgs
b
ale, administration, deliver$, distribtion and transportation of dangeros drgs
c
aintenance of a den, dive or resort for prohibited drgs
d
anfactre of dangeros drgs
e
6ltivation or cltre of plants which are sorces of prohibited drgs •
ther persons liable'
a 9f the violation of the %ct is committed b$ a partnership, corporation, association or an$ Ddicial person, the partner, president, director, or manager who consents to or >nowingl$ tolerates sch violation shall be held criminall$ liable as co7principal. b Partner, president, director, manager, officer or stoc>holder, who >nowingl$ athori?es, tolerates, or consents to the se of a vehicle, vessel, or aircraft as an instrment in the importation, sale, deliver$, distribtion or transportation of dangeros drgs, or to the se of their e0ipment, machines or other instrments in
the manfactre of an$ dangeros drgs, if sch vehicle, vessel, aircraft, e0ipment, or other instrment, is owned or nder the control and spervision of the partnership, corporation, association or Ddicial entit$ to which the$ are affiliated. c Government official, emplo$ee or officer who is fond gilt$ of ;planting= an$ dangeros drgs in the person or in the immediate vicinit$ of another as evidence to implicate the latter. II. For t"e #r#ose o- en-orcin( t"e #roisions o- t"is Act+ all sc"ool "ea0s+ s#erisors an0 teac"ers s"all )e 0ee/e0 to )e #ersons in at"orit* an0+ as sc"+ are este0 ,it" t"e #o,er to a##re"en0+ arrest+ or case t"e a##re"ension or arrest o- an* #erson ,"o s"all iolate an* o- t"e sai0 #roision.
1. -T' The$ shall be considered as persons in athorit$ id the$ are in the school or within its immediate vicinit$, or be$ond sch immediate vicinit$ of the$ are in attendance in an$ school or class fnction in their official capacit$ as school heads, spervisors or teachers. 2. %n$ teacher or school emplo$ee who discovers or finds that an$ person in the school or within its immediate vicinit$ is violating this %ct shall have the dt$ to report the violation to the school head or spervisor who shall, in trn, report the matter to the proper athorities. Cailre to report in either case shall, after hearing, constitte sfficient case for disciplinar$ action. Bec. 2I@ 1. III.
Rles:
1. olntar$ sbmission of a drg dependent to confinement, treatment and rehabilitation b$ the drg dependent himself or throgh his parent, gardian or relative within the 4th civil degree of consanginit$ or affinit$, in a center and compliance with sch conditions therefor as the :angeros :rgs /oard ma$ prescribe shall e!empt from criminal liabilit$ for possession or se of the prohibitedEreglated drg. 2. hold the drg dependent escape from the center, he ma$ sbmit himself for confinement within 1 wee> from the date of his escape, of his parent gardian or relative ma$, within the same period srrender him for confinement. 3. )pon application of the /oard, the 6ort shall isse an order for recommitment if the drg dependent does not resbmit himself for confinement or if he is not srrendered for recommitment. 4. 9f, sbse0ent to sch recommitment, he shold escape again, he shall no longer be e!empt from criminal liabilit$ for the se or possession of an$ dangeros drg. ". 9f a person charged with an offense is fond b$ the fiscal or b$ the 6ort at an$ stage of the proceedings, to be a drg dependent, the fiscal or cort as the case ma$ be, shall sspend all frther proceedings and transmit records of the case to the /oard. #. %fter his rehabilitation, he shall be prosected for sch violation. 9n case of conviction, the Ddgement shall, if the accsed is certified b$ the treatment and rehabilitation center to have maintained good behavior, indicate that he shall be given fll credit for the period he was confined in the center.
&+'E ' &hen the offense is possession or se of dangeros drgs and the accsed is not a recidivist, the penalt$ thereof shall be deemed to have been served in the center pon his release therefrom. . The period of prescription of the offense charged shall not rn dring the time that the respondentEaccsed is nder detention or confinement in a center. I. 5e0isites of sspension of sentence for first offense in a minor' 1. 9f accsed is a minor Bnder 1I $ears of age at the time of the commission of the offense bt not more than 21 $ears of age when the Ddgement shold have been promlgated. 2. He has not been previosl$ convicted of violating an$ provision of this %ct or of the 5P6 or placed on probation. •
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entence shall be deferred and the accsed shall be placed on probation nder the spervision of the /oard. 9n case of violation of conditions of pardon, cort shall prononce Ddgement of conviction and he shall serve sentence. 9f accsed did not violate conditions of probation, case shall be dismissed pon e!piration of the designated period. -otes'
a 6ltivation of plants – ec – land, portions of land, greenhose on which an$ of the plants is cltivated – confiscated and escheated to the tate. )-L' owner can prove that he had no >nowledge of the cltivation despite de diligence b
9f land is part of the pblic domain – ma!imm penalt$ imposed
c Possession of opim pipe and other paraphernalia – prima facie evidence that the possessor has smo>ed, consmed, administered himself, sed prohibited drgs d :rg penalties of 5eclsion Perpeta to :eath or a fine of Php "JJ,JJJ to 1J appl$ when' pim orphine
4J grams p 4J grams p
hab
2JJ grams p
Heroin
4J grams p
9ndian hemp F resin 6ocaine ther drgs
"J grams p "J grams p 4J grams p Nantit$ far be$ond therapetic re0irement
Bif 0antit$ is less than prescribed – penalt$ is P6 to 5P depending pon the 0antit$@ e
5% #" – P: 1#1 – Possession and )se of olatile bstances 1. mere attempt to sell, import – alread$ a crime nder %rticle # 2. conspirac$ to sell, deliver, import – alread$ a crime nder %rticle I
f /$ /st peration – no law or rle to re0ire policemen to adopt a niform wa$ of identif$ing /)* -* B P v. Abedes@ g
%bsence of ltraviolet power is not fatal in the prosection
h TransportationEimportation of F – immaterial whether there ma$ or ma$ not be a distinction for the F i
7istin(is" Entra#/ent an0 Insti(ation:
1. 9f prosection can prove the crime withot presenting the informer or asset – not necessar$ becase their testimonies are merel$ corroborative. Poser b$er – it depends on whether the prosection can prove the crime withot their testimonies B P v. Rosalinda Ramos@ 2. )nder the 5%, special aggravating circmstance if a crime has been committed while the accsed was high on drgs B P v. Ant$on% el*ar @ 3. :eliver$ or ale of Prohibited :rgs – the accsed mst be aware that what he is selling or delivering was prohibited drg. /t the moment the fact of sale or deliver$ is proved b$ prosection, the brden to prove that the accsed is not aware that drgs are prohibited falls on the defense B P v. Aranda@ 4. P v. An*elito -analo – brden of proving the athorit$ to possess shab is a matter of defense ". P v. ilario -oscalin* – cort ma$ ta>e Ddicial notice of the word ;shab= #. 6riminal liabilities of a policeman who sold the drgs confiscated from a psher' violation of 5% #42" and malversation nder 5P6. D
Planting evidence – to implicate another
> /$ /st peration – form of entrapment B P v. Alberto@ – not necessar$ to have prior police srveillance B P v. Carlos Franca@ l Possession – constrctive or actal – not necessar$ to addce the mar>ed mone$ as evidence B P v. Romeo -acara@ m eparate crimes – saleEpossession of T fond in his possession after he was fris>ed bt he can
3. Cirst offense of a minor – sspension of sentence •
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nder 1I at time of commission bt not more than 21 at time when Ddgment was promlgated fond gilt$ of possession or se of prohibited or reglated drgs not been previosl$ convicted of violating an$ provision of this %ct or the 5P6 not been placed on probation defer sentence, place on probation for # months to 1 $ear violation of probation – prononce sentence – convict and serve sentence no violation – discharge him and dismiss the proceeding if minor is drg dependent – commit to a center for treatment and rehabilitation
TITLE SI? I. CRIMES AGAINST %U
GAM
1. 9llegal coc>fighting BP: 44@ 2. /etting, game7fi!ing or point shaving and machinations in sports contests BP: 43I@ 3. 9llegal gambling
%ENALIHING
Acts %nis"a)le:
1. /etting' /etting mone$ or an$ obDect or article of vale of representative vale pon the reslt of an$ game, races and other sports contests. 2. Game7fi!ing' an$ arrangement, combination, scheme or agreement b$ which the reslt of an$ game, races, or sports contests shall be predicated andEor >nown other than on the basis of the honest pla$ing s>ill or abilit$ of the pla$ers or participants. 3. Point7shaving' an$ sch arrangement combination, scheme or agreement b$ which the s>ill or abilit$ of an$ pla$er or participant in a fame, races, or sports contests to ma>e points of scores shall be limited deliberatel$ in order to inflence the reslt thereof in favor of one or other team, pla$er or participant. 4. Game achination' an$ other fradlent, deceitfl, nfair or dishonest means, method, manner or practice emplo$ed for the prpose of inflencing the reslt of an$ game, races or sports contest.
COCDFIG8TING LA2 OF 1'4 %7 44
1. cope – This law shall govern the establishment, operation, maintenance and ownership of coc>pits. 2. 5les' 1. nl$ Cilipino citi?ens not otherwise inhibited b$ e!isting laws shall be allowed to own, manage and operated coc>pits. 2. nl$ one coc>pit shall be allowed in each cit$ or mnicipalit$ with a poplation of 1JJ,JJJ or less. 3. 6oc>pits shall be constrcted and operated within the appropriate areas as prescribed in the Roning Law or ordinance. 4. &hen allowed' 1. 6oc>fighting shall be allowed onl$ in licensed coc>pits dring nda$s and legal holida$s and dring local fiestas for not more than 3 da$sA or
2. :ring provincial, cit$ or mnicipal, agricltral, commercial or indstrial fair, carnival or e!position for a similar period of 3 da$s pon resoltion of the province, cit$ or mnicipalit$ where sch fair, carnival or e!position is to be held, sbDect to the approval of the 6hief of 6onstablar$ or his athori?ed representative. Li/itations:
a@ -o coc>fighting on the occasion of sch fair, carnival or e!position shall be allowed within the month of the local fiesta or for more than 2 occasions a $ear in the same cit$ of mnicipalit$. b@ -o coc>fighting shall be held on :ecember 3J, Fne 12,-ovember 3J, Hol$ Thrsda$, Good Crida$, lection :a$ and dring registration da$s for sch electionEreferendm. 1. 9f the prpose is for the entertainment of foreign dignitaries or for torists, or for retrning bali>ba$ans, or for the spport of national fnd7raising campaigns for charitable prposes as ma$ be athori?ed b$ the ffice of the President pon resoltion of a provincial board, cit$ or mnicipal concil, in licensed coc>pits or in pla$gronds or par>s. Limitations' This privilege shall be e!tended for onl$ one time, for a period not e!ceeding 3 da$s, within a $ear to a province, cit$ or mnicipalit$. 1. -o gambling of an$ >ind shall be permitted on the premises of the coc>pit or place of coc>fighting dring coc>fights. 2. 6it$ or mnicipal ma$ors are athori?ed to isse licenses for the operation and maintenance of coc>pits.
II. OFFENSES AGAINST DECENC* AND GOOD CUSTOMS Article 566 •
ELEMENTS OF GRA3E SCAN7AL:
1. ffender performs an act 2. %ct is highl$ scandalos as offending against decenc$ or good cstoms 3. Highl$ scandalos condct does not e!pressl$ fall within an$ other article of the 5P6 4. 6ommitted in a pblic place or within the pblic >nowledge or view. BThe pblic view is not re0ired, it is sfficient if in pblic place. Cor pblic >nowledge, it ma$ occr even in a private placeA the nmber of people who sees it is not material@.
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Grave scandal' consists of acts which are offensive to decenc$ and good cstoms. The$ are committed pblicl$ and ths, give rise to pblic scandal to persons who have accidentall$ witnessed the acts :ecenc$' means properl$ observing the re0irements of modest$, good taste etc 6stoms' refers to established sage, social conventions carried on b$ tradition and enforced b$ social disapproval in case of violation 9f the acts complained of are pnishable nder another provision of the 5P6, %rt 2JJ is not applicable The essence of grave scandal is pblicit$ and that the acts committed are not onl$ contrar$ to morals and good cstoms bt mst li>ewise be of sch character as to case pblic scandal to those witnessing it.
Article 561 IMMORAL 7OCTRINES+ O
%ersons lia)le:
1. Those who pblicl$ e!pond or proclaim doctrines that are contrar$ to pblic morals 2. %thors of obscene literatre, pblished with their >nowledge in an$ form 3. ditors pblishing sch obscene literatre 4. wners or operators of establishments selling obscene literatre ". Those who e!hibit indecent or immoral pla$s, scenes, acts or shows ion theaters, fairs, cinemas or an$ other place #. Those who sell, distribte, or e!hibit prints, engraving, sclptres or literatre which are offensive to morals •
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orals' implies conformit$ to generall$ accepted standards of goodness or rightness in condct or character Test of obscenit$' whether the matter has a tendenc$ to deprave or corrpt the minds of those who are open to immoral inflences. % matter can also be considered obscene if it shoc>s the ordinar$ and common sense of men as indecenc$. However, %rt 2J1 enmerates what are considered as obscene literatre or immoral or indecent pla$s, scenes or acts' ere ndit$ in paintings and pictres is not obscene Pictres wE a slight degree of obscenit$ having no artistic vale and intended for commercial prposes fall within this article Pblicit$ is an essential element
1. those wEc glorif$ criminals or condone crimes 2. those wEc serve no other prpose bt to satisf$ the mar>et for violence, lst or pornograph$ 3. those wEc offend against an$ race or religion 4. those wEc tend to abet the traffic in and the se of prohibited drgs
". those that are contrar$ to law, pblic order, morals, good cstoms, established policies, lawfl orders, decrees and edicts
Article 565 3AGRANTS AN7 %ROSTITUTES: •
2"o are consi0ere0 a(rants:
1. Those who have no apparent means of sbsistence and who have the ph$sical abilit$ to wor> $et neglect to appl$ themselves to some sefl calling 2. Persons fond loitering arond pblic and semi7pblic places withot visible means of spport 3. Persons tramping or wandering arond the contr$ or the streets with no visible means of spport 4. 9dle or dissolte persons lodging in hoses of ill7fame ". 5ffians or pimps and those who habitall$ associate with prostittes Bma$ inclde even the rich@ #. Persons fond loitering in inhabited or ninhabited places belonging to others, withot an$ lawfl or Dstifiable reason provided the act does not fall within an$ other article of the 5P6 9f fenced and with prohibition of entr$
Trespass to dwelling
9f fenced and entered to hntEfish
%ttempted theft
9f not fenced and with no prohibition of entr$
agranc$
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&ho are considered prostittes – refer to women who habitall$ indlge in se!al intercorse or lascivios condct for mone$ or profit Bif a man indlges in the same condct' vagranc$@
TITLE SE3EN
C%$"*+ C""$--* P&0$C FF$C*%+ Article 56 •
28O ARE %U
1. Ta>es part in the performance of pblic fnctions in the Government, or 2. Performs pblic dties as an emplo$ee, agent or sbordinate official in the gov
Notes:
1. Pblic officer mst derive his athorit$ from' 2. direct provision of law 3. poplar election
4. appointment b$ competent athorit$ ". Pblic officers' embraces ever$ pblic servant from the lowest to the highest ran> #. % government laborer is not a pblic officer. However, temporar$ performance b$ a laborer of pblic fnctions ma>es him a pblic officer . isfeasance' means improper performance of an act which might be properl$ be performed I. alfeasance' means performance of an act which oght not to be done . -onfeasance' means omission of an act which oght to be done
MALFEASANCE AN7 MISFEASANCE IN OFFICE
alfeasance
:oing of an act which a pblic officer shold not have done
isfeasance
9mproper doing of an act which a person might lawfll$ do
-onfeasance
Cailre of an agent to perform his nderta>ing for the principal
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ELEMENTS OF DNO2INGLY REN7ERING AN UNUST U7GMENT:
1. 2. 3. 4.
ffender is a Ddge 5enders a Ddgment in the case sbmitted to him for Ddgment Fdgment is nDst 8nowledge that the decision is nDst
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Notes:
1. Fdgment' is a final consideration and determination b$ a cort of competent Drisdiction of the isses sbmitted to it in an action or proceeding 2. )nDst Ddgment' one which is contrar$ to law, or not spported b$ the evidence, or both 3. %n nDst Ddgment ma$ reslt from' 4. error Bwith bad faith@ ". ill7will or revenge #. briber$ 1. There mst be evidence that the decision rendered is nDst. 9t is not presmed 2. %bse of discretion or mere error of Ddgment cannot li>ewise serve as basis for rendering an nDst Ddgment in the absence of proof or even an allegation of bad faith Bmotive or improper consideration@.
Article 56$ •
ELEMENTS OF U7GMENT REN7ERE7 T8ROUG8 NEGLIGENCE:
1. ffender is a Ddge
2. 5enders a Ddgment in a case sbmitted to him for decision 3. Fdgment is manifestl$ nDst 4. :e to ine!csable negligence or ignorance •
anifestl$ nDst Ddgment' one that is so contrar$ to law that even a person having meager >nowledge of the law cannot dobt the inDstice
Article 56& •
ELEMENTS OF UNUST INTERLOCUTORY OR7ER:
1. That the offender is a Ddge. 2. That he performs an$ of the following acts' 1. >nowingl$ renders nDst interloctor$ order or decree, or 2. renders a manifestl$ nDst interloctor$ order or decree throgh ine!csable negligence or ignorance. •
9nterloctor$ order' one issed b$ the cort deciding a collateral or incidental matter. 9t is not a final determination of the isses of the action or proceeding
Article 56' •
1. 2. 3. 4.
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ELEMENTS OF MALICIOUS 7ELAY IN T8E A7MINISTRATION OR USTICE:
That the offender is a Ddge. That there is a proceeding in his cort. That he dela$s the administration of Dstice. That the dela$ is malicios, that is, the dela$ is cased b$ the Ddge with deliberate intent to inflict damage on either part$ in the case. ere dela$ withot malice is not pnishable
Article 56 •
ELEMENTS OF 7ERELICTION OF 7UTY IN T8E %ROSECUTION OF OFFENSES:
1. That the offender is a pblic officer or officer of the law who has a dt$ to case the prosection of, or to prosecte offenses. 2. That there is dereliction of the dties of his office, that is, >nowing the commission of the crime, he does not case Ba@ the prosection of the criminal B People vs. Rosales, G.5. no. 42#4I@ or Bb@ >nowing that a crime is abot to be
committed he tolerates its commission Bif giftEpromise is a consideration for his condct' direct briber$@ 3. That the the offender offender acts with with malice malice and deliberat deliberatee intent to favor the the violator violator of the law. • •
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P5% P5%596%69-' negligence and tolerance toleranc e in the prosection of an offense There mst be a dt$ on the part of the pblic officer to prosecte or move for the prosection of the offender. -ote however, however, that a fiscal fisca l is nder no complsion to file an information based pon a complaint if he is not convinced that the evidence before him does not warrant filing an action in cort The crime mst be proved first before an officer can be convicted of dereliction of dt$ % pblic officer who harbors, conceals, or ass ists in the escape of an offender, when it is his dt$ to prosecte him is liable as principal in the crime of dereliction of dt$ in the prosection of offenses. He is not an accessor$ %rticle not applicable to revene officers
Article 56 •
ELEMENTS OF
1. 6asing 6asing damage damage to client client BpreDdice BpreDdice is essential@ essential@ either either 1. b$ an$ an$ malicio malicioss breach breach of professional professional dt$, dt$, or 2. b$ ine!c ine!csa sable ble negli negligen gence ce or igno ignoran rance. ce. 3. 5evealing 5evealing an$ of the secrets secrets of his client client learned learned b$ him in in his professional capacit$ Bdamage not necessar$@ 4. )nderta>ing )nderta>ing the defense defense of the the opposing opposing part$ of the the 1st client andEor having received confidential information from the latter and withot the latter
Article 516 •
ELEMENTS OF 7IRECT
1. That the the offender offender be a pblic pblic officer officer within within the the scope scope of %rt 2J3 2J3 2. That the the offender offender accepts accepts an offer offer or promise promise or receives receives a gift gift or present present b$ himself or throgh another 3. That sch sch offer offer or promise promise be accepted accepted or giftEprese giftEpresent nt received received b$ the the pblic officer Bmere agreement consmmates the crime@ 1. with a view view to committing committing some some crime crime Bdeliver$ Bdeliver$ of consid consideration eration is not necessar$@ or
2. in considerat consideration ion of an e!ectio e!ection n if an act act which does not not constitt constittee a crime, bt the act mst be nDst Bdeliver$ of consideration is necessar$@, or 3. to refrain refrain from doing something something which which is his his official official dt$ dt$ to do 4. That the the act which which the offender offender agrees agrees to perform or which which he e!ectes e!ectes be connected with the performance of his official dties •
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Cor prposes of this article, temporar$ performance of pblic fnctions is sfficient to constitte a person a pblic officer. % private person ma$ commit this crime onl$ in the case in which cstod$ of prisoners is entrsted to him %pplicable also to assessors, arbitrators, appraisal and claim commissioners, e!perts or an$ other person performing pblic dties 6annot be frstrated, onl$ attempted or consmmated. /riber$ e!ists when the gift is' %ctal receipt of the gift is not necessar$. %n accepted offer or promise of a gift is sfficient. However, if the offer is not accepted, onl$ the person offering the gift is liable for attempted corrption of a pblic officer The gift mst have a vale or capable of pecniar$ estimation. 9t cold be in the form of mone$, propert$ or services 9f the act re0ired of the pblic officer amonts to a crime and he commits it, he shall be liable for the penalt$ corresponding to the crime The third t$pe of briber$ and prevaricacion Bart 2JI@ are similar offenses, both consisting of omissions to do an act re0ired to be performed. 9n direct briber$ however, a gift or promise is given in consideration of the omission. This is not necessar$ in prevaricacion
1. volnt volntaril aril$ $ offered offered b$ a priv private ate perso person n 2. solicited solicited b$ the pblic pblic officer officer and and volntaril volntaril$ $ delivered delivered b$ the the private private person 3. solicited solicited b$ the pblic pblic officer officer bt bt the private private person person delivers delivers it ot ot of fear of of the conse0ences shold the pblic officer perform his fnctions Bhere the crime b$ giver is not corrption of pblic officials de to involntariness@.
Ro))er* =54>
&hen the victim has committed a crime and gives mone$Egift to avoid arrest or prosection.
&hen the victim did not commit a crime and he is intimidated with arrest andEor prosection to deprive him of his personal propert$.
ictim ictim parts with his mone$ or propert$ volntaril$. volntaril$.
ictim ictim is deprived of his mone$ or propert$ b$ force or intimidation.
ANTI@GRAFT AN7 CORRU%T %RACTICES ACT RA 61 •
%ersons Lia)le:
1. %n$ pblic pblic officer officer who shall shall perform perform an$ of the following following acts' acts' 2. %n$ person person having having famil$ famil$ or close close personal personal relation relation with with an$ pblic pblic official official who shall capitali?e or e!ploit or ta>e advantage of sch famil$ or close
personal relation b$ directl$ or indirectl$ re0esting or receiving an$ present, gift, or material, or pecniar$ advantage from an$ person having some bsiness, transaction, application, re0est, or contact with the government in which sch pblic official has to intervene Bec. 4@ 3. %n$ person person who who shall >nowin >nowingl$ gl$ indce indce or case case an$ pblic pblic official official to to commit an$ of the offenses nder B%@. Bec. 4@ 4. pose pose or an$ relativ relative, e, b$ consang consanginit$ init$ or or affinit$ affinit$,, within within the 3rd civil degree, of the president of the Philippines, the vice7president, the president of the enate, or spea>er of the hose of 5epresentatives, who shall intervene, directl$ or indirectl$, in an$ bsiness transaction, contract or application with the gove part in his official capacit$, or in which he is prohibited b$ the constittion or b$ an$ law from having an$ interest.
. :irectl$ or indirectl$ becoming interested, for personal gain, or having a material interest in an$ transaction or act re0iring the approval of a board, panel, or grop of which he is a member, and which e!ercises discretion in sch approval, even if he votes against the same or does not participate in the action of the board, committee, panel or grop. 1J. 8nowingl$ approving or granting an$ license, permit, privilege, or benefit in favor of an$ person not 0alified for or not legall$ entitled to sch license, permit, privilege, or advantage, or of a mere representative or dmm$ of one who is not so 0alified or entitled. 11. :ivlging valable information of a confidential character, ac0ired b$ his office or b$ him on accont of his official position to nathori?ed persons, or releasing sch information in advance of its athori?ed release date. T"is #ro"i)ition s"all not a##l* to:
1. %n$ person who, prior to the assmption of office of an$ of the above officials to whom he is related, has been alread$ dealing with the gov
•
•
9f a pblic official has been fond to have ac0ired dring his incmbenc$, whether in his name or in the name of other persons, an amont of propert$ andEor mone$ manifestl$ ot of proportion to his salar$ and to his other lawfl income. Properties in the name of the spose and dependents of sch pblic official ma$ be ta>en into consideration, when their ac0isition throgh legitimate means cannot be satisfactoril$ shown. /an> deposits in the name of or manifestl$ e!cessive e!penditres incrred b$ the pblic official, his spose or an$ of their dependents inclding bt not limited to activities in an$ clb or association or an$ ostentatios displa$ of wealth inclding fre0ent travel abroad of a non7official character b$ an$
pblic official when sch activities entail e!penses evidentl$ ot of proportion to legitimate income. 999. 6ompetent cort' %ll prosections nder this %ct shall be within the original Drisdiction of the andiganba$an Bec. 1J@. 9. Prescription of offenses' all offenses pnishable nder this %ct shall prescribe in 1" $ears Bec. 11@. . Exceptions' )nsolicited gifts or presents of small or insignificant vale offered or given as a mere ordinar$ to>en of gratitde of friendship according to local cstoms or sage, shall be e!cepted from the provisions of this act Bec. 14@.
Article 511 •
ELEMENTS OF IN7IRECT
1. That the offender is a pblic officer. 2. That he accepts gifts. 3. That the said gifts are offered to him b$ reason of his office. • •
• •
•
•
The gift is given in anticipation of ftre favor from the pblic officer There mst be clear intention on the part of the pblic officer to ta>e the gift offered and consider the propert$ as his own for that moment. ere ph$sical receipt naccompanied b$ an$ other sign, circmstance or act to show sch acceptance is not sfficient to convict the officer There is no attempted or frstrated indirect briber$ The principal distinction between direct and indirect briber$ is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. 9n the latter case, it is not necessar$ that the officer do an$ act. 9t is sfficient that he accepts the gift offered b$ reason of his office Pblic officers receiving gifts and private persons giving gifts on an$ occasion, inclding 6hristmas are liable nder P: 4#. The criminal penalt$ or imprisonment is distinct from the administrative penalt$ of sspension from the service
Article 511@A •
ELEMENTS OF ;UALIFIE7
1. Pblic officer entrsted with law enforcement 2. 5efrains from arrestingEprosecting offender for crime pnishable b$ reclusion perpetua andEor death 3. Bif lower penalt$ than stated above, the crime is direct briber$@
4. 9n consideration of an$ offer, promise or gift
Article 515 •
ELEMENTS OF CORRU%TION OF %U
1. That the offender ma>es offers or promises or gives gifts or present to a pblic officer. 2. That the offers or promises are made or the gifts or presents given to a pblic officer, nder circmstances that will ma>e the pblic officer liable for direct briber$ or indirect briber$ •
•
The offender is the giver of the gift or the offeror of the promise. The act ma$ or ma$ not be accomplished )nder P: 4, givers of bribes and other gifts as well as accomplices in briber$ and other graft cases are immne from prosection nder the following circmstances'
1. 2. 3. 4. ".
information refers to consmmated violations necessit$ of the information or testimon$ the information and testimon$ are not $et in the possession of the tate information and testimon$ can be corroborated on its material points informant has been previosl$ convicted of a crime involving moral trpitde
•
ee the %nti7graft and 6orrpt Practices %ct
II. FRAUDS AND ILLEGAL E+ACTIONS AND TRANSACTIONS Article 51 •
ELEMENTS OF FRAU7S AGAINST %U
1. That the offender be a pblic officer. 2. That he shold have ta>en advantage of his office, that is, he intervened in the transaction in his official capacit$. 3. That he entered into an agreement with an$ interested part$ or speclator or made se of an$ other scheme with regard to Ba@ frnishing spplies Bb@ the ma>ing of contracts, or Bc@ the adDstment or settlement of accont relating to a pblic propert$ or fnds. 4. That the accsed had intent to defrad the government. •
-otes'
1. The pblic officer mst act in his official capacit$ 2. The felon$ is consmmated b$ merel$ entering into an agreement with an$ interested part$ or speclator or b$ merel$ ma>ing se of an$ scheme to defrad the Government •
ELEMENTS OF ILLEGAL E?ACTIONS:
1. The offender is a pblic officer entrsted with the collection of ta!es, licenses, fees and other imposts. 2. He is gilt$ of an$ of the following acts or omissions' 1. demanding, directl$ or indirectl$ the pa$ment of sms different from or larger than those athori?ed b$ law, or 2. failing volntaril$ to isse a receipt, as provided b$ law, for an$ sm of mone$ collected b$ him officiall$, or 3. 6ollecting or receiving, directl$ or indirectl$, b$ wa$ of pa$ment or otherwise, things or obDects of a natre different from that provided b$ law. •
-otes'
1. ere demand of a larger or different amont is sfficient to consmmate the crime. The essence is the improper collection Bdamage to gov
Article 514 •
ELEMENTS OF OT8ER FRAU7S:
1. That the offender is a pblic officer. 2. That he ta>es advantage of his official position. 3. That he commits an$ of the frads or deceits enmerated in art. 31" and 31#. BestafaA swindling@ •
-ote' 5T6 has Drisdiction over the offense becase the principal penalt$ is dis0alification
Article 51$ •
ELEMENTS OF %RO8I
1. That the offender is an appointive pblic officer. 2. That he becomes interested, directl$ or indirectl$, in an$ transaction of e!change or speclation. 3. That the transaction ta>es place within the territor$ sbDect to his Drisdiction. 4. That he becomes interested in the transaction dring his incmbenc$. •
-otes'
1. !amples of transactions of e!change or speclation are' b$ing and selling stoc>s, commodities, land etc wherein one hopes to ta>e advantage of an e!pected rise or fall in price 2. Prchasing of stoc>s or shares in a compan$ is simple investment and not a violation of the article. However, reglarl$ b$ing secrities for resale is speclation
Article 51& %OSSESSION OF %RO8I
&ho are liable'
1. Pblic officer – in an$ contract or bsiness in which it is his official dt$ to intervene. 2. !perts, arbitrators and private accontants – in an$ contract or transaction connected with the estate or propert$ in the approval, distribtion or adDdication of which the$ had acted. 3. Gardians and e!ectors – with respect to propert$ belonging to their wards or the estate. •
-otes'
1. %ctal frad is not necessar$. 2. %ct is pnished becase of the possibilit$ that frad ma$ be committed or that the officer ma$ place his own interest above that of the Government or part$ which he represents
AN ACT 7EFINING AN7 %ENALIHING T8E CRIME OF %LUN7ER RA '66
1. :efinition of Ill@(otten ,ealt"' %n$ asset, propert$, bsiness enterprise or material possession of an$ person ac0ired b$ him directl$ or indirectl$ throgh dmmies, nominees, agents, sbordinates, andEor bsiness associates b$ an$ combination or series of the following means or similar schemes'
1. Throgh misappropriation, conversion, misse or malversation of pblic fnds or raids on the pblic treasr$. 2. /$ receiving, directl$ or indirectl$, an$ commission, gift, share, percentage, >ic>bac>s or an$ other form of pecniar$ benefit from an$ person andEor entit$ in connection with an$ government contract or proDect or b$ reason of the office or position of the pblic officer concernedA 3. /$ the illegal or fradlent conve$ance or disposition of assets belonging to the -ational Government or an$ of its sbdivisions, agencies or instrmentalities or government7owned or controlled corporations and their sbsidiariesA 4. /$ obtaining, receiving or accepting, directl$ or indirectl$, an$ shares of stoc>, e0it$ or an$ other form of interest or participation, inclding the promise of ftre emplo$ment in an$ bsiness enterprise or nderta>ing. ". /$ establishing agricltral, indstrial or commercial monopolies or other combinations, andEor implementation of decrees and orders intended to benefit particlar persons or special interestsA #. /$ ta>ing nde advantage of official position, athorit$, relationship, connection or inflence to nDstl$ enrich himself or themselves at the e!pense and to the damage or preDdice of the Cilipino people and the 5epblic of the Philippines.
1. Persons Liable' 1. %n$ pblic officer who, b$ himself or in connivance with members of his famil$, relatives b$ affinit$ or consanginit$, bsiness associates and sbordinates or other persons, amasses, accmlates, or ac0ires ill7gotten wealth throgh a combination or series of overt or criminal acts as described nder B9@ in the aggregate amont or total vale of at least "J million pesos, shall be gilt$ of the crime of plnder Bas amended b$ 5% #"@. 2. %n$ person who participated with the said pblic officer in the commission of plnder. 1. Frisdiction' %ll prosections nder this %t shall be within the original Drisdiction of the andiganba$an. 1. 5le of vidence' Cor prposes of establishing the crime of plnder, it shall not be necessar$ to prove each and ever$ criminal act done b$ the accsed in frtherance of the scheme and conspirac$ to amass, accmlate or ac0ire ill7gotten wealth, it being sfficient to establish be$ond reasonable dobt a pattern of overt or criminal acts indicative of the overall nlawfl scheme or conspirac$. 1. Prescription of 6rime' The crime of plnder shall prescribe in 2J $ears. However, the right of the tate to recover properties nlawfll$ ac0ired b$ pblic officers from them or from their nominees or transferees shall not be barred b$ prescription, laches or estoppel.
III. MALVERSATION OF PUBLIC FUNDS OR PROPERT* Article 51' •
ELEMENTS COMMON TO ALL ACTS MAL3ERSATION OF %U
1. That the offender be a pblic officer Bor private person if entrsted with pblic fnds or connived with pblic officers@ 2. That he had the cstod$ or control of fnds or propert$ Bif not accontable for the fnds, theft or 0alified theft@ 3. That those fnds or propert$ were pblic fnds or propert$ Beven if private fnds if attached, sei?ed, deposited or commingled with pblic fnds@ 4. That he' 1. %ppropriated the fnds or propert$ 2. Too> or misappropriated them 3. 6onsented or, throgh abandonment or negligence, permitted an$ other person to ta>e sch pblic fnds or propert$. Bit is not necessar$ that the offender profited thereb$. His being remiss in the dt$ of safe>eeping pblic fnds violates the trst reposed@ • • •
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•
•
•
alversation is otherwise called embe??lement 9t can be committed either with malice or throgh negligence or imprdence 9n determining whether the offender is a pblic officer, what is controlling is the natre of his office and not the designation The fnds or propert$ mst be received in an official capacit$. therwise, the crime committed is estafa &hen a pblic officer has official cstod$ or the dt$ to collect or receive fnds de the government, or the obligation to accont for them, his misappropriation of the same constittes malversation % pblic officer who has 0alified charge of gov
1. when the$ are in conspirac$ with pblic officersA and 2. when the$ have charge of national, provincial or mnicipal fnds, revenes or propert$ in an$ capacit$ •
9n malversation throgh negligence, the negligence of the accontable pblic officer mst be positivel$ and clearl$ shown to be ine!csable, appro!imating frad or malice
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The measre of negligence to be observed is the standard of care commensrate with the occasion &hen malversation is not committed throgh negligence, lac> of criminal intent or good faith is a defense The failre of a pblic officer to have an$ dl$ forthcoming pblic fnds or propert$ pon demand, b$ an$ athori?ed officer, shall be prima facie evidence that he has pt sch missing fnds or propert$ to personal se. However, if at the ver$ moment when the shortage is discovered, the accontable officer is notified, and he immediatel$ pa$s the amont from his poc>et, the presmption does not arise 5etrning the embe??led fnds is not e!empting, it is onl$ mitigating There is also no malversation when the accontable officer is obliged to go ot of his office and borrow the amont corresponding to the shortage and later, the missing amont is fond in an naccstomed place % person whose negligence made possible the commission of malversation b$ another can be held liable as a principal b$ indispensable cooperation :emand as well as damage to the government are not necessar$ elements
Malersation =51'>
Cnds or propert$ sall$ pblic
Esta-a ,it" A)se o- Con-i0ence =1$>
CndsEpropert$ are alwa$s private
ffender is sall$ a pblic officer who is ffender is a private individal or even a accontable for the pblic fndsEpropert$ pblic officer who is not accontable for pblic fndsEpropert$ 6rime is committed b$ approaching, 6rime is committed b$ misappropriating, ta>ing, or misappropriatingEconsenting, or converting, or den$ing having received throgh abandonment or negligence, mone$, goods or other personal propert$ permitting an$ other person to ta>e the pblic fndsEpropert$
Article 51 •
ELEMENTS OF FAILURE OF ACCOUNTA
1. That the offender is a pblic officer, whether in the service or separated therefrom. 2. That he mst be an accontable officer for pblic fnds propert$. 3. That he is re0ired b$ law or reglation to render acconts to the commission on adit, or to a provincial aditor. 4. That he fails to do so for a period of two months after sch acconts shold be rendered. •
-ote' :emand and misappropriation are not necessar$
Article 51 •
ELEMENTS OF FAILURE OF A RES%ONSI
1. That the offender is a pblic officer. 2. That he mst be an accontable officer for pblic fnds or propert$. 3. That he mst have nlawfll$ left Bor be on the point of leaving@ the Philippines withot secring from the 6ommission on %dit a certificate showing that his acconts have been finall$ settled. •
-ote' The act of leaving the Philippines mst be nathori?ed or not permitted b$ law
Article 556 •
ELEMENTS OF ILLEGAL USE OF %U
1. That the offender is a pblic officer. 2. That there is pblic fnd or propert$ nder his administration. 3. That sch pblic fnd or propert$ has been appropriated b$ law or ordinance Bwithot this, it is simple malversation even if applied to other pblic prpose@. 4. That he applies the same to a pblic se other than for which sch fnd or propert$ has been appropriated b$ law or ordinance. •
•
To distingish this article with %rt 21, Dst remember that in illegal se of pblic fnds or propert$, the offender does not derive an$ personal gain, the fnds are merel$ devoted to some other pblic se %bsence of damage is onl$ a mitigating circmstance
Article 551 •
ELEMENTS OF FAILURE TO MADE 7ELI3ERY OF %U
1. ffender has gove pa$ment from sch fnds 2. to deliver propert$ in his cstod$ or administration when ordered b$ competent athorit$ 3. He maliciosl$ fails or refses to do so •
-ote' Penalt$ is based on vale of fndsEpropert$ to be delivered
Article 555 •
%ERSONS 28O MAY
1. Private individal who, in an$ capacit$, have charge of an$ national, provincial or mnicipal fnds, revene, or propert$ 2. %dministrator or depositar$ of fnds or propert$ that has been attached, sei?ed or deposited b$ pblic athorit$, even if owned b$ a private individal • •
heriffs and receivers fall nder the term ;administrator= % Ddicial administrator in charge of settling the estate of the deceased is not covered b$ the article
IV. INFIDELIT* OF PUBLIC OFFICERS Article 55 •
ELEMENTS OF CONNI3ING 2IT8 OR CONSENTING TO E3ASION
1. That the offender is a pblic officer Bon dt$@. 2. That he is charged with the conve$ance or cstod$ of a prisoner, either detention prisoner or prisoner b$ final Ddgment. 3. That sch prisoner escaped from his cstod$ 4. That he was in connivance with the prisoner in the latter
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•
:etention prisoner' refers to a person in legal cstod$, arrested for and charged with some crime or pblic offense The release of a detention prisoner who cold not be delivered to Ddicial athorities within the time fi!ed b$ law is not infidelit$ in the cstod$ of a prisoner. -either is mere lenienc$ or la!it$ in the performance of dt$ constittive of infidelit$ There is real and actal evasion of service of sentence when the cstodian permits the prisoner to obtain a rela!ation of his imprisonment
Article 554 •
ELEMENTS OF E3ASION T8ROUG8 NEGLIGENCE:
1. That the offender is a pblic officer.
2. That he is charged with the conve$ance or cstod$ of a prisoner, either detention prisoner or prisoner b$ final Ddgment. 3. That sch prisoner escapes throgh his negligence. 4. Penalt$ based on natre of imprisonment •
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The article pnishes a definite la!it$ which amonts to deliberate non7 performance of a dt$ The fact that the pblic officer recaptred the prisoner who had escaped from his cstod$ does not afford complete e!clpation The liabilit$ of an escaping prisoner'
1. if he is a prisoner b$ final Ddgment, he is liable for evasion of service Bart 1"@ 2. if he is a detention prisoner, he does not incr criminal liabilit$ Bnless cooperating with the offender@.
Article 55$ •
ELEMENTS OF ESCA%ES OF %RISONERS UN7ER T8E CUSTO7Y OF A %ERSON NOT A %U
1. That the offender is a private person Bnote' mst be on dt$@ 2. That the conve$ance or cstod$ of a prisoner or person nder arrest is confined to him. 3. That the prisoner or person nder arrest escapes. 4. That the offender consents to the escape of the prisoner or person nder arrest, or that the escape ta>es place throgh his negligence •
-ote' This article is not applicable if a private person made the arrest and he consented to the escape of the person he arrested
Article 55& •
ELEMENTS OF REMO3AL+ CONCEALMENT+ OR 7ESTRUCTION OF 7OCUMENTS In-i0elit* in csto0* o- 0oc/ents:
1. That the offender be a pblic officer. 2. That he abstracts, destro$s or conceals a docment or papers. 3. That the said docment or paper shold have been entrsted to sch pblic officer b$ reason of his office. 4. That damage, whether serios or not, to a third part$ or to the pblic interest shold have been cased. •
•
The docment mst be complete and one b$ which a right cold be established or an obligation cold be e!tingished /oo>s, periodicals, pamphlets etc are not docments
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;Papers= wold inclde chec>s, promissor$ notes and paper mone$ % post office official who retained the mail withot forwarding the letters to their destination is gilt$ of infidelit$ in the cstod$ of papers 5emoval of a docment or paper mst be for an illicit prpose. There is illicit prpose when the intention of the offender is to'
1. tamper with it 2. to profit b$ it 3. to commit an$ act constitting a breech of trst in the official thereof •
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5emoval is consmmated pon removal or secreting awa$ of the docment from its sal place. 9t is immaterial whether or not the illicit prpose of the offender has been accomplished 9nfidelit$ in the cstod$ of docments throgh destrction or concealment does not re0ire proof of an illicit prpose :elivering the docment to the wrong part$ is infidelit$ in the cstod$ thereof The damage ma$ either be great or small The offender mst be in cstod$ of sch docments
Article 55' •
ELEMENTS OF OFFICER
1. 2. 3. 4.
That the offender is a pblic officer. That he is charged with the cstod$ of papers or propert$. That these papers or propert$ are sealed b$ proper athorit$. That he brea>s the seals or permits them to be bro>en.
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9t is the brea>ing of the seals and not the opening of a closed envelope which is pnished :amage or intent to case damage is not necessar$A damage is presmed
Article 55 •
ELEMENTS OF O%ENING OF CLOSE7 7OCUMENTS:
1. That the offender is a pblic officer. 2. That an$ closed papers, docments, or obDects are entrsted to his cstod$. 3. That he opens or permits to be opened said closed papers, docments or obDects. 4. That he does not have proper athorit$. •
-ote' :amage also not necessar$
Article 55 RE3ELATION OF SECRET
ELEMENTS OF %AR.1:
1. 2. 3. 4. ".
That the offender is a pblic officer. That he >nows of a secret b$ reason of his official capacit$. That he reveals sch secret withot athorit$ or Dstifiable reasons. That damage, great or small, be cased to the pblic interest. Bdamage is essential@
•
-otes'
1. ecret mst affect pblic interest 2. ecrets of a private individal is not inclded 3. spionage for the benefit of another tate is not contemplated b$ the article. 9f regarding militar$ secrets or secrets affecting state secrit$, the crime ma$ be espionage. •
1. 2. 3. 4. ". #. •
ELEMENTS OF %AR 5 7ELI3ERING 2RONGFULLY %A%ERS OR CO%IES OF %A%ERS OF 28IC8 8E MAY 8A3E C8ARGE AN7 28IC8 S8OUL7 NOT
That the offender is a pblic officer. That he has charge of papers. That those papers shold not be pblished. That he delivers those papers or copies thereof to a third person. That the deliver$ is wrongfl. That damage be cased to pblic interest. -otes'
1. ;6harge=' means cstod$ or control. 9f he is merel$ entrsted with the papers and not with the cstod$ thereof, he is not liable nder this article 2. 9f the papers contain secrets which shold not be pblished, and the pblic officer having charge thereof removes and delivers them wrongfll$ to a third person, the crime is revelation of secrets. n the other hand, if the papers do not contain secrets, their removal for an illicit prpose is infidelit$ in the cstod$ of docments 3. :amage is essential to the act committed
Article 56 •
ELEMENTS OF %U
1. That the offender is a pblic officer
2. That he >nows of the secret of a private individal b$ reason of his office. 3. That he reveals sch secrets withot athorit$ or Dstification reason. • •
•
5evelation to one person is sfficient 9f the offender is an attorne$, he is properl$ liable nder %rt 2J Bbetra$al of trst b$ an attorne$@ :amage to private individal is not necessar$
V. OTHER OFFENSES OR IRREGULARITIES B* PUBLIC OFFICERS Article 51 •
ELEMENTS OF O%EN 7ISO
1. That the offender is a Ddicial or e!ective officer. 2. That there is a Ddgment, decision or order of sperior athorit$. 3. That sch Ddgment, decision or order was made within the scope of the Drisdiction of the sperior athorit$ and issed with all the legal formalities. 4. that the offender withot an$ legal Dstification openl$ refses to e!ecte the said Ddgment, decision or nder which he is dt$ bond to obe$. •
-ote' Fdgment shold have been rendered in a hearing and issed within proper Drisdiction with all legal solemnities re0ired
Article 55 •
1. 2. 3. 4. ".
•
ELEMENTS OF 7ISO
That the offender is a pblic officer. That an order is issed b$ his sperior for e!ection. That he has for an$ reason sspended the e!ection of sch order. That his sperior disapproves the sspension of the e!ection of the order. That the offender disobe$s his sperior despite the disapproval of the sspension. -ote' % pblic officer is not liable if the order of the sperior is illegal
Article 5 •
ELEMENTS OF REFUSAL OF ASSISTANCE:
1. That the offender is a pblic officer. 2. That a competent athorit$ demands from the offender that he lend his cooperation towards the administration of Dstice or other pblic service. 3. That the offender fails to do so maliciosl$. • • •
9nvolves a re0est from one pblic officer to another :amage to the pblic interest or third part$ is essential :emand is necessar$
Article 54 •
ELEMENTS OF REFUSAL TO 7ISC8ARGE ELECTI3E OFFICE:
1. That the offender is elected b$ poplar election to a pblic office. 2. That he refses to be sworn in or discharge the dties of said office. 3. That there is no legal motive for sch refsal to be sworn in or to discharge the dties of said office. •
-ote' ven if the person did not rn for the office on his own will as the 6onstittion provides that ever$ citi?en ma$ be re0ired to render service
Article 5$ •
ELEMENTS OF MALTREATMENT OF %RISONERS:
1. That the offender is a pblic officer or emplo$ee. 2. That he has nder charge a prisoner or detention prisoner Botherwise the crime is ph$sical inDries@ 3. That he maltreats sch prisoner in either of the following manners' 1. b$ overdoing himself in the correction or handling of a prisoner or detention prisoner nder his charge either – • •
b$ the imposition of pnishments not athori?ed b$ the reglations, or b$ inflicting sch pnishments Bthose athori?ed@ in a crel and hmiliating manner, or
1. b$ maltreating sch prisoner to e!tort a confession or to obtain some information from the prisoner.
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The pblic officer mst have actal charge of the prisoner in order to be held liable To be considered a detention prisoner, the person arrested mst be placed in Dail even for Dst a short while ffender ma$ also be held liable for ph$sical inDries or damage cased
Article 5& •
ELEMENTS OF ANTICI%ATION OF 7UTIES OF A %U
1. That the offender is entitled to hold a pblic office or emplo$ment, either b$ election or appointment. 2. That the law re0ires that he shold first be sworn in andEor shold first give a bond. 3. That he assmes the performance of the dties and powers of sch office. 4. That he has not ta>en his oath of office and.Eor given the bond re0ired b$ law.
Article 5' •
ELEMENTS OF %ROLONGING %ERFORMANCE OF 7UTIES AN7 %O2ERS:
1. That the offender is holding a pblic office. 2. That the period provided b$ law, reglations or special provisions for holding sch office has alread$ e!pired. 3. That he contines to e!ercise the dties and powers of sch office. •
-ote' The article contemplates officers who have been sspended, separated or declared over7aged or dismissed
Article 5 •
ELEMENTS OF A
1. 2. 3. 4.
That the offender is a pblic officer. That he formall$ resigns from his position. That his resignation has not $et been accepted. That he abandons his office to the detriment of the pblic service.
• •
There mst be formal or written resignation The offense is 0alified if the prpose behind the abandonment is to evade the discharge of dties consisting of preventing, prosecting or pnishing an$ of the crimes against national secrit$. The penalt$ is higher. This involves the following crimes'
1. treason 2. conspirac$ and proposal to commit conspirac$ 3. misprision of treason 4. espionage ". inciting to war or giving motives to reprisals #. violation of netralit$ . correspondence with hostile contr$ I. flight to enem$ contr$ . pirac$ and mtin$ on the high seas 1J. rebellion 11. conspirac$ and proposal to commit rebellion 12. dislo$alt$ to pblic officers 13. inciting to rebellion 14. sedition 1". conspirac$ to commit sedition 1#. inciting to sedition
A)an0on/ent o- O--ice or %osition =5>
There is actal abandonment throgh resignation to evade the discharge of dties.
7ereliction o- 7t* =56>
Pblic officer does not abandon his office bt merel$ fails to prosecte a violation of the law.
Article 5 •
ELEMENTS OF USUR%ATION OF LEGISLATI3E %O2ERS:
1. That the offender is an e!ective or Ddicial officer. 2. That he Ba.@ ma>es general rles or reglations be$ond the scope of his athorit$ or Bb.@ attempts to repeal a law or Bc.@ sspends the e!ection thereof.
Article 546 •
ELEMENTS OF USUR%ATION OF E?ECUTI3E FUNCTIONS:
1. That the offender is a Ddge. 2. That he Ba.@ assmes a power pertaining to the e!ective athorities, or Bb.@ obstrcts e!ective athorities in the lawfl e!ercise of their powers. •
-ote' Legislative officers are not liable for srpation of e!ective fnctions
Article 541
•
ELEMENTS OF USUR%ATION OF U7ICIAL FUNCTIONS:
1. That the offender is an officer of the e!ective branch of the government. 2. That he Ba.@ assmes Ddicial powers, or Bb.@ obstrct the e!ection of an$ order decision rendered b$ an$ Ddge within his Drisdiction. •
-ote' % ma$or is gilt$ nder this article when he investigates a case while a Dstice of the peace is in the mnicipalit$
Article 545 •
ELEMENTS OF 7ISO
1. That the offender is a pblic officer. 2. That a proceeding is pending before sch pblic officer. 3. That there is a 0estion broght before the proper athorit$ regarding his Drisdiction, which is not $et decided. 4. That he has been lawfll$ re0ired to refrain from contining the proceeding. ". That he contines the proceeding.
Article 54 •
ELEMENTS OF A77RESSING OR7ERS OR RE;UESTS
1. That the offender is an e!ective officer. 2. That the addresses an$ order or sggestion to an$ Ddicial athorit$. 3. That the order or sggestion relates to an$ case or bsiness coming within the e!clsive Drisdiction of the corts of Dstice. •
-ote' Legislative or Ddicial officers are not liable nder this article
Article 544 •
1. 2. 3. 4.
ELEMENTS OF UNLA2FUL A%%OINTMENTS:
That the offender is a pblic officer. That he nominates or appoints a person to a pblic office. That sch person lac>s the legal 0alification therefor. That the offender >nows that his nominee or appointee lac>s the 0alification at the time he made the nomination or appointment.
•
•
5ecommending, >nowing that the person recommended is not 0alified is not a crime There mst be a law providing for the 0alifications of a person to be nominated or appointed to a pblic office
Article 54$ •
ELEMENTS OF A
1. That the offender is a pblic officer. 2. That he solicits or ma>es immoral or indecent advances to a woman. 3. That sch woman mst be – 1. interested in matters pending before the offender for decision, or with respect to which he is re0ired to sbmit a report to or conslt with a sperior officer, or 2. nder the cstod$ of the offender who is a warden or other pblic officer directl$ charged with care and cstod$ of prisoners or person nder arrest, or 3. the wife, daghter, sister or relative within the same degree b$ affinit$ of the person in the cstod$ of the offender • •
• • •
The mother of the person in the cstod$ of the pblic officer is not inclded olicit' means to propose earnestl$ and persistentl$ something nchaste and immoral to a woman The advances mst be immoral or indecent The crime is consmmated b$ mere proposal Proof of solicitation is not necessar$ when there is se!al intercorse
TITLE EIGHT
I. CRIMES AGAINST %ERSONS
7ESTRUCTION OF LIFE A. ELEMENTS OF %ARRICI7E: =54&>
1. That a person is >illed. 2. That the deceased is >illed b$ the accsed. 3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spose of the accsed. Notes:
1. The relationship of the offender with the victim is the essential element of the felon$ 2. Parents and children are not inclded in the term ;ascendants= or ;descendants= 3. The other ascendant or descendant mst be legitimate. n the other hand, the father, mother or child ma$ be legitimate or illegitimate 4. The child shold not be less than 3 da$s old. therwise, the offense is infanticide ". 5elationship mst be alleged #. % stranger who cooperates in committing parricide is liable for mrder or homicide . ven if the offender did not >now that the person he had >illed is his son, he is still liable for parricide becase the law does not re0ire >nowledge of the relationship <. 7EAT8 OR %8YSICAL INURIES UN7ER E?CE%TIONAL CIRCUMSTANCES Reisites:
1. % legall$ married person or parent srprises his spose or daghter Bthe latter mst be nder 1I and living with them@ in the act of committing se!al intercorse with another person 2. HeEshe >ills an$ or both of them or inflicts pon an$ or both of them an$ serios ph$sical inDr$ in the act or immediatel$ thereafter 3. He has not promoted or facilitated the prostittion of his wife or daghter, or that he has not consented to the infidelit$ of the other spose. Notes:
1. 2. 3. 4.
%rticle does not define or penali?e a felon$ -ot necessar$ that the parent be legitimate %rticle applies onl$ when the daghter is single rprise' means to come pon sddenl$ or ne!pectedl$
". %rt 24 is applicable when the accsed did not see his spose in the act se!al intercorse with another person. However, it is enogh that circmstances reasonabl$ show that the carnal act is being committed or has been committed #. e!al intercorse does not inclde preparator$ acts . 9mmediatel$ thereafter' means that the discover$, escape, prsit and the >illing mst all form parts of one continos act I. The >illing mst be the direct b$7prodct of the rage of the accsed . -o criminal liabilit$ is incrred when less serios or slight ph$sical inDries are inflicted. oreover, in case third persons caght in the crossfire sffer ph$sical inDries, the accsed is not liable. The principle that one is liable for the conse0ences of his felonios act is not applicable becase he is not committing a felon$ C. ELEMENTS OF MUR7ER: =54>
1. That a person was >illed. 2. That the accsed >illed him. 3. That the >illing was attended b$ an$ of the following 0alif$ing circmstances 1. with treacher$, ta>ing advantage of sperior strength, with the aid or armed men, or emplo$ing means to wea>en the defense or of means or persons to insre or afford impnit$ 2. in consideration of price, reward or promise 3. b$ means of inndation, fire, poison, e!plosion, shipwrec>, stranding of vessel, derailment or assalt pon a street car or locomotive, fall of airship, b$ means of motor vehicles or with the se of an$ other means involving great waste or rin 4. on occasion of an$ of the calamities enmerated in the preceding paragraph, or of an earth0a>e, erption of a volcano, destrctive c$clone, epidemic or an$ other pblic calamit$ ". with evident premeditation #. with crelt$, b$ deliberatel$ and inhmanel$ agmenting the sffering of the victim or otraging or scoffing at his person or corpse 4. The >illing is not parricide or infanticide. Notes:
1. The victim mst be >illed in order to consmmate the offense. therwise, it wold be attempted or frstrated mrder 2. rder will e!ist with onl$ one of the circmstances. The other circmstances are absorbed or inclded in one 0alif$ing circmstance. The$ cannot be considered as generic aggravating circmstances 3. %n$ of the 0alif$ing circmstances mst be alleged in the information. therwise, the$ will onl$ be considered as generic aggravating circmstances 4. Treacher$ and premeditation are inherent in mrder with the se of poison. 7. ELEMENTS OF 8OMICI7E: =54>
1. That a person was >illed. 2. That the accsed >illed him withot an$ Dstif$ing circmstances. 3. That the accsed had the intention to >ill, which is presmed.
4. That the >illing was not attended b$ an$ of the 0alif$ing circmstances of mrder, or b$ that of parricide or infanticide. Notes:
1. 9ntent to >ill is conclsivel$ presmed when death reslted. Hence, evidence of intent to >ill is re0ired onl$ in attempted or frstrated homicide 2. There is no crime of frstrated homicide throgh negligence 3. &hen the wonds that cased death were inflicted b$ 2 different persons, even if the$ were not in conspirac$, each one of them is gilt$ of homicide 4. 9n all crimes against persons in which the death of the victim is an element, there mst be satisfactor$ evidence of B1@ the fact of death and B2@ the identit$ of the victim E. %ENALTY FOR FRUSTRATE7 %ARRICI7E+ MUR7ER OR 8OMICI7E =5$6> F. ELEMENTS OF 7EAT8 IN A TUMULTOUS AFFRAY: =5$1>
1. That there be several persons. 2. That the$ did not compose grops organi?ed for the common prpose of assalting and attac>ing each other reciprocall$. 3. That these several persons 0arreled and assalted one another in a confsed and tmltos manner. 4. That someone was >illed in the corse of the affra$. ". That it cannot be ascertained who actall$ >illed the deceased. #. That the person or persons who inflicted serios ph$sical inDries or who sed violence can be identified. Notes:
1. Tmltos affra$ e!ists hen at least 4 persons ta>e part in it 2. &hen there are 2 identified grops of men who assalted each other, there is no tmltos affra$ 3. Persons liable are' 1. personEs who inflicted serios ph$sical inDries 2. if it is not >nown who inflicted serios ph$sical inDries on the deceased, all persons who sed violence pon the person of the victim. G. ELEMENTS OF %8YSICAL INURIES INFLICTE7 IN A TUMULTOUS AFFRAY: =5$5>
1. that there is a tmltos affra$ as referred to in the preceding article. 2. That a participant or some participants thereof sffer serios ph$sical inDries or ph$sical inDries of a less serios natre onl$. 1. that the person responsible therefor cannot be identified. 2. That all those who appear to have sed violence pon the person of the offended part$ are >nown.
8.GI3ING ASSISTANCE TO SUICI7E: =5$> •
Acts #nis"a)le:
1. %ssisting another to commit sicide, whether the sicide is consmmated or not 2. Lending his assistance to another to commit sicide to the e!tent of doing the >illing himself. •
Notes:
1. % person who attempts to commit sicide is not criminall$ liable 2. % pregnant woman who tried to commit sicide b$ means of poison bt instead of d$ing, the fets in her womb was e!pelled, is not liable for abortion 3. %ssistance to sicide is different from merc$7>illing. thanasiaEm> is the practice of painlessl$ ptting to death a person sffering from some incrable disease. 9n this case, the person does not want to die. % doctor who resorts to ethanasia ma$ be held liable for mrder 4. Penalt$ is mitigated if sicide is not sccessfl. I. ELEMENTS OF 7ISC8ARGE OF FIREARMS: =5$4>
1. that the offender discharges a firearm against or at another person. 2. That the offender has no intention to >ill that person. •
Notes:
1. The offender mst shoot at another with an$ firearm withot intention of >illing him. 9f the firearm is not discharged at a person, the act is not pnished nder this article 2. % discharge towards the hose of the victim is not discharge of firearm. n the other hand, firing a gn against the hose of the offended part$ at random, not >nowing in what part of the hose the people were, it is onl$ alarm nder art 1"". 3. )sall$, the prpose of the offender is onl$ to intimidate or frighten the offended part$ 4. 9ntent to >ill is negated b$ the fact that the distance between the victim and the offender is 2JJ $ards ". % person can be held liable for discharge even if the gn was not pointed at the offended part$ when it fired for as long as it was initiall$ aimed at or against the offended part$. . ELEMENTS OF INFANTICI7E: =5$$>
1. That a child was >illed. 2. That the deceased child was less than three da$s B2 hors@ of age. 3. That the accsed >illed the said child. Notes:
1. &hen the offender is the father, mother or legitimate ascendant, he shall sffer the penalt$ prescribed for parricide. 9f the offender is an$ other person, the penalt$ is that for mrder. 9n either case, the proper 0alification for the offense is infanticide 2. &hen infanticide is committed b$ the mother or maternal grandmother in order to conceal the dishonor, sch fact is onl$ mitigating 3. The delin0ent mother who claims that she committed the offense to conceal the dishonor mst be of good reptation. Hence, if she is a prostitte, she is not entitled to a lesser penalt$ becase she has no honor to conceal 4. There is no infanticide when the child was born dead, or althogh born alive it cold not sstain an independent life when it was >illed. D. ELEMENTS OF INTENTIONAL A
1. That there is a pregnant woman. 2. That violence is e!erted, or drgs or beverages administered, or that the accsed otherwise acts pon sch pregnant woman. 3. That as a reslt of the se of violence or drgs or beverages pon her, or an$ other act of the accsed, the fets dies, either in the womb or after having been e!pelled therefrom. 4. That the abortion is intended. L. ELEMENTS OF UNINTENTIONAL A
1. That there is a pregnant woman. 2. That violence is sed pon sch pregnant woman withot intending an abortion. 3. That the violence is intentionall$ e!erted. 4. That as a reslt of the violence that fets dies, either in the womb or after having been e!pelled therefrom. Notes:
1. )nintentional abortion can also be committed throgh negligence 1. The accsed can onl$ be held liable if he >new that the woman was pregnant 2. 9f there is no intention to case abortion and neither was violence e!erted, arts 2"# and 2" does not appl$. M. ELEMENTS OF A
1. That there is a pregnant woman who has sffered an abortion. 2. That the abortion is intended. 3. That the abortion is cased b$ – 1. the pregnant woman herself 2. an$ other person, with her consent, or 3. an$ of her parents, with her consent for the prpose of concealing her dishonor.
Notes:
1. Liabilit$ of the pregnant woman is mitigated if the prpose is to conceal her dishonor. However, there is no litigation for the parents of the pregnant women even if their prpose is to conceal their daghter
1. That there is a pregnant woman who has sffered an abortion. 2. That the abortion is intended. 3. That the offender, who mst be a ph$sician or midwife, cases or assists in casing the abortion. 4. That said ph$sician or midwife ta>es advantage of his or her scientific >nowledge or s>ill. Notes:
1. 9t is not necessar$ that the pharmacist >new that the abortive wold be sed to case abortion. &hat is pnished is the act of dispensing an abortive withot the proper prescription. 9t is not necessar$ that the abortive be actall$ sed 2. 9f the pharmacist >new that the abortive wold be sed to case abortion and abortion reslts, he is liable as an accomplice O. RES%ONSI Acts #nis"e0:
1. 8illing oneing a combat althogh no ph$sical inDries have been inflicted %ersons lia)le:
1. Principals – person who >illed or inflicted ph$sical inDries pon his adversar$, or both combatants in an$ other cases 2. %ccomplices – as seconds Notes:
1. :el' a formal or reglar combat previosl$ concerted between 2 parties in the presence of 2 or more seconds of lawfl age on each side, who ma>e the selection of arms and fi! all the other conditions of the fight 2. 9f death reslts, the penalt$ is the same as that for homicide %. C8ALLENGING TO A 7UEL: =5&1> Acts #nis"a)le:
1. 6hallenging another to a del 2. 9nciting another to give or accept a challenge to a del 3. coffing at or decr$ing another pblicl$ for having refsed to accept a challenge to fight a del %ersons lia)le:
1. 6hallenger 2. 9nstigators
II. %8YSICAL INURIES 1. A. MUTILATION: =5&5> Din0s o- Mtilation
1. 9ntentionall$ mtilating another b$ depriving him, totall$ or partiall$, of some essential organ for reprodction 2. 9ntentionall$ ma>ing another mtilation, i.e. lopping, clipping off an$ part of the bod$ of the offended part$, other than the ess ential organ for reprodction, to deprive him of that part of the bod$ Ele/ents:
1. There be a castration i.e. mtilation of organs necessar$ for generation 2. tilation is cased prposel$ and deliberatel$ Notes:
1. 9n the first >ind of mtilation, the castration mst be made prposel$. therwise, it will be considered as mtilation of the second >ind 2. a$hem' refers to an$ other intentional mtilation 1. <. SERIOUS %8YSICAL INURIES: =5&> 8o, Co//itte0
1. 2. 3. 4.
&onding /eating %ssalting %dministering inDrios sbstances
2"at are serios #"*sical inries:
1. 9nDred person becomes insane, imbecile, impotent or blind 2. 9nDred person – 1. loses the se of speech or the power to hear or to smell, loses an e$e, a hand, foot, arm or leg 2. loses the se of an$ sch member
3. becomes incapacitated for the wor> in which he had been habitall$ engaged 3. 9nDred person – 1. becomes deformed 2. loses an$ other member of his bod$ 3. loses the se thereof 4. becomes ill or incapacitated for the performance of the wor> in which he had been habitall$ engaged in for more than J da$s 1. 9nDred person becomes ill or incapacitated for labor for more than 3J da$s Bbt not more than J da$s@ Notes:
1. erios ph$sical inDries ma$ be committed throgh rec>less imprdence or simple imprdence 2. There mst be no intent to >ill 3. 9mpotent shold inclde inabilit$ to coplate and sterilit$ 4. /lindness re0ires lost of vision in both e$es. ere wea>ness in vision is not contemplated ". Loss of power to hear mst involve both ears. therwise, it will be considered as serios ph$sical inDries nder par 3 #. Loss of se of hand or incapacit$ of sal wor> in par 2 mst be permanent . Par 2 refers to principal members of the bod$. Par 3 on the other hand, covers an$ other member which is not a principal part of the bod$. 9n this respect, a front tooth is considered as a member of the bod$, other than a principal member I. :eformit$' means ph$sical gliness, permanent and definite abnormalit$. -ot crable b$ natral means or b$ natre. 9t mst be conspicos and visible. Ths, if the scar is sall$ covered b$ a dress, it wold not be conspicos and visible . The loss of 3 incisors is a visible deformit$. Loss of one incisor is not. However, loss of one tooth which impaired appearance is a deformit$ 1J. :eformit$ b$ loss of teeth refers to inDr$ which cannot be impaired b$ the action of the natre 11. Loss of both oter ears constittes deformit$ and also loss of the power to hear. eanwhile, loss of the loble of the ear is onl$ a deformit$ 12. Loss of the inde! and middle fingers is either a deformit$ or loss of a member, not a principal one of his bod$ or se of the same 13. Loss of the power to hear in the right ear is considered as merel$ loss of se of some other part of the bod$ 14. 9f the inDr$ wold re0ire medical attendance for more than 3J da$s, the illness of the offended part$ ma$ be considered as lasting more than 3J da$s. The fact that there was medical attendance for that period of time shows that the inDries were not cred for that length of time
1". )nder par 4, all that is re0ired is illness or incapacit$, not medical attendance 1#. 9n determining incapacit$, the inDred part$ mst have an avocation at the time of the inDr$. &or>' incldes stdies or preparation for a profession 1. &hen the categor$ of the offense of serios ph$sical inDries depends on the period of the illness or incapacit$ for labor, there mst be evidence of the length of that period. therwise, the offense will onl$ be considered as slight ph$sical inDries 1I. There is no incapacit$ if the inDred part$ cold still engage in his wor> althogh less effectivel$ than before 1. erios ph$sical inDries is 0alified when the crime is committed against the same persons enmerated in the article on parricide or when it is attended b$ an$ of the circmstances defining the crime of mrder. However, serios ph$sical inDries reslting from e!cessive chastisement b$ parents is not 0alified serios ph$sical inDries
1. C. ELEMENTS OF A7MINISTERING INURIOUS SU 1. That the offender inflicted pon another person an$ serios ph$sical inDr$ 2. That it was done >nowingl$ administering to him an$ inDrios sbstances or beverages or b$ ta>ing advantage of his wea>ness of mind of credlit$ 3. He had no intent to >ill Notes:
1. 9t is frstrated mrder when there is intent to >ill 2. %dministering means introdcing into the bod$ the sbstance, ths throwing of the acid in the face is not contemplated. 1. 7. ELEMENTS OF LESS SERIOUS %8YSICAL INURIES: =5&$> 1. That the offended part$ is incapacitated for labor for 1J da$s or more Bbt not more than 3J da$s@, or needs medical attendance for the same period of time 2. That the ph$sical inDries mst not be those described in the preceding articles Notes:
1. Circ/stances ali-*in( t"e o--ense: 1. when there is manifest intent to inslt or offend the inDred person 2. when there are circmstances adding ignomin$ to the offense 3. when the victim is either the offender
4. when the victim is a person of ran> or person in athorit$, provided the crime is not direct assalt ". 9t falls nder this article even if there was no incapacit$ bt the medical treatment was for 13 da$s 1. E. SLIG8T %8YSICAL INURIES: =5&&> Din0s:
1. That which incapacitated the offended part$ for labor from 17 da$s or re0ired medical attendance dring the same period 2. That which did not prevent the offended part$ from engaging in his habital wor> or which did not re0ire medical attendance Be!. /lac>7e$e@ 3. 9ll7treatment of another b$ deed withot casing an$ inDr$ Be!. slapping bt withot casing dishonor@ 1. F.
RA%E =ART $$>
The %nti75ape Law of 1 B5% I3"3@ now classified the crime of rape as Cri/e A(ainst %ersons incorporated into Title I of the 5P6 to be >nown as 6hapter 3 Ele/ents: Ra#e is co//itte0
1. /$ a man who have carnal >nowledge of a woman nder an$ of the following circmstances' 1. throgh force, threat or intimidation 2. when the offended part$ is deprived of reason or otherwise nconscios 3. b$ means of fradlent machination or grave abse of athorit$ 4. when the offended part$ is nder 12 $ears of age or is demented, even thogh none of the circmstances mentioned above be present ". /$ an$ person who, nder an$ of the circmstances mentioned in par 1 hereof, shall commit an ac of se!al assalt b$ inserting 1. his penis into another person
1. reclsion perpeta 2. reclusion perpetuato :%TH when 1. victim became insane b$ reason or on the occasion of rape 2. b. t$e rape is attempted and a $omicide is committed b% reason or on t$e occasion t$ereo( 3. :%TH when 1. homicide is committed 2. victim nder 1I $ears and offender is' 1. parent 2. ascendant 3. step7parent
4. gardian ". relative b$ consanginit$ or affinit$ with the 3rd civil degree or #. common law spose of parent of victim 3. c. nder the cstod$ of the police or militar% aut$orities or an% la en(orcement or penal institution 4. committed in fll view of the spouse, parent or an$ of the children or other relatives within the 3rd degree of consanginit$ ". victim is a religios en*a*ed in le*itimate reli*ious vocation or callin* and is personall% knon to be suc$ b% t$e o((ender be(ore or at t$e time o( t$e commission o( t$e crime #. a child below $ears old . *. offender >nows he is afflicted with /V or %9: or an% ot$er sexuall% transmissible disease and t$e virus is transmitted to t$e victim I. $. offenderA member of the %CP, or para0militar% units t$ereo( , or the P-P, or an$ law enforcement agenc$ or penal institution, $en t$e o((ender took advanta*e o( $is position to (acilitate t$e commission o( t$e crime . victim sffered permanent ph$sical mtilation or disabilit% 1J. 1. t$e o((ender kne o( t$e pre*nanc% o( t$e o((ended part% at t$e time o( t$e commission o( t$e crime2 and 11. k. $en t$e o((ender kne o( t$e mental disabilit%, emotional disorder and3or p$%sical $andicap or t$e o((ended part% at t$e time o( t$e commission o( t$e crime Ra#e co//itte0 n0er #ar 5 is #nis"a)le )*:
1. 4. 2. 5.
3. 4. ". #.
prision ma%or prision ma%or to reclusion temporal 1. se of deadl$ weapon or 2. b$ two or more persons reclusion temporal – when the victim has become insane reclusion temporal to reclusion pepetua – rape is attempted and homicide is committed reclusion perpetua – homicide is committed b$ reason or on occasion of rape reclusion temporal – committed with an$ of the 1J aggravating circmstances mentioned above
Notes:
1. The nderscored words are the amendments provided b$ 5% I3"3 2. :ividing age in rape' 1. less than $rs old, mandator$ death 2. less than 12 $rs old, stattor$ rape 3. less than 1I $rs old and there is relationship Be.g. parent etc@A mandator$ death
TITLE NINE
I.
CRIMES AGAINST %ERSONAL LI
A. ELEMENTS OF DI7NA%%ING AN7 SERIOUS ILLEGAL 7ETENTION: =5&'>
1. 1. ffender is a private individal 2. He >idnaps or detains another, or in an$ other manner deprives the latter of his libert$ 3. The act of detention or >idnapping mst be illegal 4. That in the commission of the offense, an$ of the following circmstances are present Bbecomes serios@ 1. that the he >idnappingEdetention lasts for more than 3 da$s 2. that it is committed simlating pblic athorit$ 3. that an$ serios ph$sical inDries are inflicted pon the person >idnapped or detained or threats to >ill him are made, or 4. that the person >idnapped or detained is a minor Be!cept if parent is the offender@, female or a pblic officer Note: 2"en 0eat" #enalt* is i/#ose0:
1. if >idnapping is committed for the prpose of e!torting ransom either from the victim or from an$ other person even if none of the aforementioned are present in the commission of the offense Beven if none of the circmstances are present@ 2. when the victim is >illed or dies as a conse0ence of the detention or is raped or is sbDected to tortre or dehmani?ing acts <. ELEMENTS OF SLIG8T ILLEGAL 7ETENTION: =5&>
1. 1. ffender is a private person 2. He >idnaps or detains another or in an$ other maner deprives him pof his libert$ E frnished place for the perpetation of the crime 3. That the act of detention or >idnapping mst be illegal 4. That the crime is committed withot the attendant of an$ of the circmstances enmerated in %rt 2# Note: %riile(e0 /iti(atin( circ/stances: I- t"e o--en0er:
1. volntaril$ releases the person so >idnapped or detained within 3 da$s from the commencement of the detention 2. withot having attained the prpose intended and 3. before the instittion of criminal proceedings against him C. ELEMENTS OF UNLA2FUL ARREST: =5&>
1. That the offender arrests or detains another person
2. That the prpose of the offender is to deliver him to the proper athorities 1. That the arrest or detention is not athori?ed b$ law or there is no reasonable grond therefor Notes:
1. ffender is an$ person, so either a pblic officer or private individal 2. 5efers to warrantless arrests 3. 9n art 12", the detention is for some legal grond while here, the detention is not athori?ed b$ law 4. 9n art 12", the crime pertains to failre to deliver the person to the proper Ddicial athorit$ within the prescribed period while here, the arrest is not athori?ed b$ law 7. ELEMENTS OF DI7NA%%ING AN7 FAILURE TO RETURN A MINOR: =5'6>
1. 1. That the offender is entrsted with the cstod$ of a minor person Bwhether over or nder bt less than 1I $rs old@ 2. That he deliberatel$ fails to restore the said minor to his parents E.
ELEMENTS OF IN7UCING A MINOR TO A
1. 1. That the minor Bwhether over or nder @ is living in the home of his parents or gardians or the person entrsted with his cstod$ 2. That the offender indces a minor to abandon sch home Notes:
1. 9ndcement mst be actal, committed with criminal intent and determined b$ a will to case damage 2. inor shold not leave his home of his own free will 3. itigating if b$ father or mother F. ELEMENTS OF SLA3ERY: =5'5>
1. That the offender prchases. ells, >idnaps or detains a hman being. 2. That the prpose of the offender is to enslave sch hman being. -ote' Nalif$ing circmstance – if the prpose of the offender is to assign the offended part$ to some immoral traffic Bprostittion@, the penalt$ is higher G. ELEMENTS OF E?%LOITION OF C8IL7 LA
1. That the offender retains a minor in his service. 2. That it is against the will of the minor. 3. That it is nder the prete!t of reimbrsing himself of a debt incrred b$ an ascendant, gardian or person entrsted with the cstod$ of sch minor.
8. ELEMENTS OF SER3ICES REN7ERE7 UN7ER COM%ULSION IN %AYMENT OF 7E
1. That the offender compels a debtor to wor> for him, either as hosehold servant or farm laborer. 2. That it is against the debtor
II. CRIMES AGAINST SECURITY A. A Acts #nis"a)le:
1. /$ failing to render assistance to an$ person whom the offender finds in an inhabited place wonded or in danger of d$ing, when he can render sch assistance withot detriment to himself, nless sch omission shall constitte a more serios offense Ele/ents:
1. That place is not inhabited. 2. The accsed fond there a person wonded or in danger of d$ing. 3. The accsed can render assistance withot detriment to himself. 1. The accsed fails to render assistance.
1. /$ failing to help or render assistance to another whom the offender has accidentall$ wonded or inDred 2. /$ failing to deliver a child, nder whom the offender has fond abandoned, to the athorities or to his famil$, or b$ failing to ta>e him to a safe place. <. ELEMENTS OF A
1. 2. 3. 4.
That the offender has the cstod$ of a child. That the child is nder seven $ears of age. That he abandons sch child. That he has no intent to >ill the child when the latter is abandoned.
N$es)
1. 6onscios, deliberate, permanent, nless pnishable b$ a more serios offense 2. Nalif$ing circmstances' 1. when the death of the minor reslted from sch abandonment 2. if the life of the minor was in danger becase of the abandonment C. ELEMENTS OF A
Acts #nis"e0:
1. /$ delivering a minor to a pblic instittion or other persons wEo consent of the one who entrsted sch minor to the care of the offender or, in the absence of that one, withot the consent of the proper athorities Ele/ents:
1. That the offender has charged of the rearing or edcation of a minor. 2. That he delivers said minor to a pblic instittion or other persons. 3. That the one who entrsted sch child to the offender has not consented to sch act, or if the one who entrsted sch child to the offender is absentA the proper athorities have not consented to it. 4. /$ neglecting his Boffender
1. That the offender is a parent. 2. That he neglects his children b$ not giving them edcation. 3. That his station in life re0ires sch edcation and his financial condition permits it. 7. ELEMENTS OF E?%LOITATION OF MINORS: =5'> Acts #nis"e0:
1. /$ casing an$ bo$ or girl nder 1# to perform an$ dangeros feat of balancing, ph$sical strength or contortion, the offender being an$ person 2. /$ emplo$ing children nder 1# who are not the children or descendants of the offender in e!hibitions of acrobat, g$mnast, rope7wal>er, diver, or wild7 animal tamer or circs manager or engaged in a similar calling 3. /$ emplo$ing an$ descendant nder 12 in dangeros e!hibitions enmerated in the ne!t preceding paragraph, the offender being engaged in an$ of said callings 4. /$ delivering a child nder 1# gratitosl$ to an$ person following an$ of the callings enmerated in par 2 or to an$ habital vagrant or beggar, the offender being an ascendant, gardian, teacher or person entrsted in an$ capacit$ with the care of sch child ". /$ indcing an$ child nder 1# to abandon the home of its ascendantsA gardians, crators or teachers to follow an$ person engaged in an$ of the callings mentioned in par 2 or to accompan$ an$ habital vagrant or beggar, the offender being an$ person Note: ;ali-*in( Circ/stance – if the deliver$ of the child to an$ person following an$ of the callings of acrobat, rope7wal>er, diver or wild7animal trainer or circs manager or to an$ habital vagrant of beggar is made in consideration of an$ price, compensation or promise, the penalt$ is higher. E. A77ITIONAL %ENALTIES FOR OT8ER OFFENSES: =5'>
F. ELEMENTS OF TRES%ASS TO 72ELLING: =56>
1. That That the offe offende nderr is a priv private ate perso person. n. 2. That That he ente enters rs the the dwell dwelling ing of of anothe another. r. 3. That That sch entr entranc ancee is against against the the latter
1. Nalif$ing Nalif$ing circmstance' circmstance' if the the offense offense is committed committed b$ means means of violenc violencee or intimidation, the penalt$ is higher 2. There mst be an opposition opposition to the the entr$ of the the accsed accsed 3. 9mplied 9mplied prohibitio prohibition n is present present considerin considering g the sitation sitation – late late at night night and ever$oneill an$ person inside, bt the intention to >ill came to his mind when he was being arrested b$ the occpants thereof, the crime of trespass to dwelling is a separate and distinct offense from frstrated homicide G. ELEMENTS OF OT8ER FORMS OF TRES%ASS: =51>
1. 2. 3. 4.
That the the offender offender enters enters the closed closed premises premises or the fenced fenced estate estate of another another.. That the the entrance entrance is made made while while either either of them them is ninhabited ninhabited.. That That the proh prohibi ibitio tion n to enter enter be mani manifest fest.. That the the trespasser trespasser has not not secred secred the the permission permission of of the owner owner or or the careta>er thereof.
8. GRA3E GRA3E T8REATS T8REATS 28ERE OFFEN7ER ATT ATTAINE7 AINE7 8IS %UR%OSE: =55> Acts #nis"a)le:
1. /$ threatenin threatening g another another with the the infliction infliction pon pon his person, person, honor honor or propert propert$ $ that of his famil$ of an$ wrong amonting to a crime and demanding mone$ or imposing an$ other condition, even thogh not nlawfl and the offender B-ote' threat is with condition@
Ele/ents:
1. That the the offender offender threatens threatens another another person person with with the inflictio infliction n pon the the lattering ma>ing sch sch threat threat withot withot the the offender offender attaini attaining ng his prpo prpose se #. /$ threatenin threatening g another another with the the infliction infliction pon pon his person, person, honor honor or propert propert$ $ or that of his famil$ of an$ wrong amonting to a crime, the threat not being sbDect to a condition B-ote' threat is withot condition@ Ele/ents:
1. That the the offender offender threatens threatens another another person person with with the inflictio infliction n pon the the latter
1. %ggravating %ggravating circm circmstances' stances' if if made in writing writing or or thr a middleman middleman 2. Crstrated Crstrated – if not not received received b$ b$ the person being threatened threatened 3. %rt 2I4 bond from from good good behavior behavior ma$ be be imposed imposed Bonl$ Bonl$ in these offense offenses@ s@ I. ELEMENTS OF LIG8T T8REATS: =5>
1. That the offend offender er ma>es ma>es a threat to commit commit a wrong. wrong. 2. That That the wron wrong g does does not not constit constitte te a crim crime. e. 3. That there there is a demand demand for mone$ mone$ or that that other other condition condition is is imposed, imposed, even thogh not nlawfl 4. That the the offender offender has attained attained his his prpose prpose or, or, that he he has not attaine attained d his prpose Art 54 )on0 -ro/ (oo0 )e"aior /a* )e i/#ose0 N$es)
1. Bonl Bonl$ $ in in the these se off offen enses ses@@ 2. The wrong wrong does does not not amon amontt to a crime crime . D. ELEMENTS OF OT8ER LIG8T T8REATS: T8REATS: =5$>
1. Person shall threaten threaten another another with a weapon, weapon, or draw draw weapon weapon in in a 0arrel 0arrel nless in self7defense. 2. 9n the heat heat of anger, anger, person orall$ threatens threatens another another with with some some harm constitting a crime, withot persisting in the idea involved in the threat. bse0ent acts did not persist. 3. Person orall$ orall$ threaten threatenss another another with harm harm not constit constitting ting a felon$ felon$..
L. ELEMENTS OF GRA3E GRA3E COERCIONS: =5&>
1. That a person person prevent prevented ed another another from from doing doing somethin something g 5 not not to do something against his will, be it right or wrongA 2. That the the prevention prevention or comp complsion lsion be effected effected b$ b$ violence, violence, of force force as wold wold prodce intimidation and control the will. 3. That the the person that that restrained restrained the the will and libert$ libert$ b$ another another had not not the athorit$ of law or the right to do so, or, in other words, that the restraint shall not be made nder athorit$ of law or in the e!ercise of an$ lawfl right. M. ELEMENTS OF LIG8T COERCIONS: =5'>
1. That That the offe offende nderr mst mst be a credito creditor. r. 2. That he sei?es sei?es an$thi an$thing ng belong belonging ing to to his his debtor debtor.. 3. That the the sei?re of the thing thing be be accomplish accomplished ed b$ means means of violence violence or a displa$ of material force prodcing intimidationA 4. That the the prpose prpose of the offende offenderr is to appl$ appl$ the same same to the pa$ment pa$ment of the the debt. N. ELEMENTS OF OT8ER SIMILAR COERCIONS: =5> ELEMENTS OF NO. 1
1. That the the offender offender is an$ an$ person, person, agent agent or or officer officer of an$ an$ association association or corporation. 2. That he or or sch firm firm or corporatio corporation n has emplo$ed emplo$ed laborers laborers or or emplo$ees. emplo$ees. 3. That he forces forces or compel compels, s, directl$ directl$ or indirectl$ indirectl$,, or >nowingl >nowingl$ $ permits permits to be forced or compelled, an$ of his or its laborers or emplo$ees to prchase merchandise or commodities of an$ >ind from his or from said firm or corporation. ELEMENTS OF NO. 5
1. That the the offender offender pa$s pa$s the wages de de a laborer laborer or emplo$ee emplo$ee emplo$ emplo$ed ed b$ him b$ means of to>ens or obDects. 2. That those those to>ens to>ens or obDects obDects are other other than the legal legal tender crrenc$ crrenc$ to to the Philippines. 3. That sch sch emplo$ee emplo$ee or laborer laborer does does not e!pressl$ e!pressl$ re0est that he be be paid b$ means of to>ens or obDects. O. ELEMENTS OF FORMATION+ MAINTENANCE+ AN7 %RO8I
1. That the the offender offender emplo$s emplo$s violence violence or threats, threats, in in sch a degree degree as to compel compel or force the laborers or emplo$ers in the free and legal e!ercise of their indstr$ or wor> 2. That the the prpose prpose is to organi?e, organi?e, maintai maintain n or prevent prevent coalitions coalitions of of capital or or labor, stri>e of laborers or loc>ot of emplo$ees.
III. 7ISCO3ERY AN7 RE3ELATION OF SECRETS A. ELEMENTS OF 7ISCO3ERING SECRETS T8ROUG8 SEIHURE OF CORRES%ON7ENCE: =56>
1. That the offender is a private individal or even a pblic officer not in the e!ercise of his official fnction, 2. That he sei?es the papers or letters of another. 3. That the prpose is to discover the secrets of sch another person. 4. That offender is informed of the contents or the papers or letters sei?ed. N$es)
1. -ot applicable to parents with respect to minor children 2. 6ontents need not be secret bt prpose prevails 3. 6ircmstances 0alif$ing the offense' when the offender reveals contents of sch papers or letters of another to a 3rd person, the penalt$ is higher <. ELEMENTS OF RE3EALING SECRETS 2IT8 A
