Criminal Law Review Notes 2007
Content
BOOK ONE
CRIMINAL LAW, defined .
It is that branch or division division of municipal municipal law which defines defines crimes, crimes, treats of their nature, and provides for their punishment. Nature of Criminal Law: SUBSTANTIVE LAW---it defines the State’s right to inflict punishment and the 1. liability of the offenders. 2. PUBLIC LAW---it deals with the relation of the individual with the state. CRIME, defined
It is an act committed committed or omitted omitted in !iolation of a "u#li$ law forbidding or prohibiting it. The state has the authority, authority, under its P%LICE P%WER, to define and punish crimes and to lay down the rules on procedure. •
P&IL%S%P&IES CLASSICA L
1. the basis of criminal liability is and human free will and the purpose of the penalty is retribution
P%SITIV IST
1. That man is subdued occasionally by a
MI'E() ECLECTIC 1. This combines both positivist and thinking. classical thinking.
strange and and morbid phenomeno phenomenon n
which constrains him to do wrong in spite of or contrary . That man is essentially a moral creature with an absolute absolute free will to choose between good and evil ,
thereby placing more stress upon the effect or result result of the felonious act done upon the man, the criminal himself .
to his volition. . That crime is essentially essentially a social and natural phenomeno phenomenon n, and as such, it cannot
be treated and checked by the
. #rimes that are economic and social in nature should be dealt with in a positivist positivist manner manner , thus the law is more compassionate.
application application of abstract principles principles of law and jurisprudence or by the imposition of a punishment punishment , fi!ed
and determined a priori" BUT RATHR through the enforcement of individual individual measures in each particular particular case. case.
$. It has endeavored to establish a
$. Heinous crimes should be dealt with in a
LIMITATI%NS IN T&E ENACTMENT %* PENAL LAWS +EB-CUE.:
1. must be /eneral in a""li$ation . &therwise &therwise,, it would would violate the Penal laws must e'ual protection clause of the constitution. 2.
Penal laws must N%T partake of the nature of an e0 "o1t fa$to law .
(n e0-"o1t fa$to law is one which ) MACAAd(*+ • !akes criminal an act done before the passage of the law and which was innocent innocent when done, and punishes such an act. • Aggravates than it was, when committed. Aggravates a crime, or makes it greater than • and inflicts a greater punishment than than the law anne!ed to "hanges the punishment and the crime when committed. • Alters Alters the legal rules on evidence, and authories conviction upon less or different testimony than the law re'uired at the time of the commission of the offense. • Assu Assumin ming g to regula regulate te civil civil rights rights and remedies only in effect imposes penalty or for something which when done was lawful d eprivation eprivation of a right for #eprive eprives s a person person accused accused of a crime crime some lawful lawful protecti protection on to which which he has become entitled, such as the protection of a proclamation of amnesty. •
3.
enal laws must N%T partake of the nature of a #ill of attainder. • which inflicts inflicts punishment punishment without without trial. BILL %* ATTAIN(ER ATTAIN(ER. It is a legislative act which Its essence is the substitution of a legislative act for a udicial determination of guilt.
4. enal laws must N%T impose $ruel and unu1ual punishment or e0$e11i!e fine. C&ARACTERISTICS %* CRIMINAL LAW 2 ENER ENERAL ALIT IT3 3
/enal laws and those of public security security and safety shall be obligatory obligatory upon all who live or soourn in hilippine territory, subect to the principles of public international law.0 )(rticle 1%, ew #ivil #ode* •
It a""lie1 to all persons within the country re/ardle11 of their race, belief, se!, or creed.
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$"%T&'()
1. By virtue of the principles of public international law, like *+"A%R"-. • So!erei/n and other $hief of state. • Ambassadors, ministers "lenipotentiary, ministers resident, and $harges d’affaires. •
.2. Con1ul1 are N%T di"lomati$ offi$er1 . This includes consul general, vice-consul or any consul consul in a foreign foreign country, country, who are therefor therefore e N%T immune to t4e o"eration or a""li$ation of t4e "enal law of t4e forei/n w4ere t4e5 are a11i/ned 2. Law of Preferential Application •
It is ('T applicable applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE %* RECIPR%CIT3 . 6 TERRIT%RIALIT3
#rim #rimin inal al laws laws under underta take ke to "uni14 "uni14 $rime1 $rime1 $ommitt $ommitted ed wit4in wit4in P4ili"" P4ili""ine ine territor5 territor5. enal laws of the country have for$e and effe$t onl5 wit4in it1 territor5 . It CANN%T penalie a crime committed out1ide t4e $ountr5
LIMITATI%NS IN T&E ENACTMENT %* PENAL LAWS +EB-CUE.:
1. must be /eneral in a""li$ation . &therwise &therwise,, it would would violate the Penal laws must e'ual protection clause of the constitution. 2.
Penal laws must N%T partake of the nature of an e0 "o1t fa$to law .
(n e0-"o1t fa$to law is one which ) MACAAd(*+ • !akes criminal an act done before the passage of the law and which was innocent innocent when done, and punishes such an act. • Aggravates than it was, when committed. Aggravates a crime, or makes it greater than • and inflicts a greater punishment than than the law anne!ed to "hanges the punishment and the crime when committed. • Alters Alters the legal rules on evidence, and authories conviction upon less or different testimony than the law re'uired at the time of the commission of the offense. • Assu Assumin ming g to regula regulate te civil civil rights rights and remedies only in effect imposes penalty or for something which when done was lawful d eprivation eprivation of a right for #eprive eprives s a person person accused accused of a crime crime some lawful lawful protecti protection on to which which he has become entitled, such as the protection of a proclamation of amnesty. •
3.
enal laws must N%T partake of the nature of a #ill of attainder. • which inflicts inflicts punishment punishment without without trial. BILL %* ATTAIN(ER ATTAIN(ER. It is a legislative act which Its essence is the substitution of a legislative act for a udicial determination of guilt.
4. enal laws must N%T impose $ruel and unu1ual punishment or e0$e11i!e fine. C&ARACTERISTICS %* CRIMINAL LAW 2 ENER ENERAL ALIT IT3 3
/enal laws and those of public security security and safety shall be obligatory obligatory upon all who live or soourn in hilippine territory, subect to the principles of public international law.0 )(rticle 1%, ew #ivil #ode* •
It a""lie1 to all persons within the country re/ardle11 of their race, belief, se!, or creed.
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$"%T&'()
1. By virtue of the principles of public international law, like *+"A%R"-. • So!erei/n and other $hief of state. • Ambassadors, ministers "lenipotentiary, ministers resident, and $harges d’affaires. •
.2. Con1ul1 are N%T di"lomati$ offi$er1 . This includes consul general, vice-consul or any consul consul in a foreign foreign country, country, who are therefor therefore e N%T immune to t4e o"eration or a""li$ation of t4e "enal law of t4e forei/n w4ere t4e5 are a11i/ned 2. Law of Preferential Application •
It is ('T applicable applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE %* RECIPR%CIT3 . 6 TERRIT%RIALIT3
#rim #rimin inal al laws laws under underta take ke to "uni14 "uni14 $rime1 $rime1 $ommitt $ommitted ed wit4in wit4in P4ili"" P4ili""ine ine territor5 territor5. enal laws of the country have for$e and effe$t onl5 wit4in it1 territor5 . It CANN%T penalie a crime committed out1ide t4e $ountr5
em"lo5ee1, should commit an offense in the e0er$i1e %. 5hile being "u#li$ offi$er1 or em"lo5ee1 of t4eir fun$tion1" or 6. Should commit any of the $rime1 a/ain1t national 1e$urit5 and t4e law of nation1 , defined in Title &ne of 2ook two of the 3evised enal #ode.
7(3TI#89 , 3evised enal #ode: E'TRATERRIT%RIALIT3 7(3TI#89 This is the application of the 3evised enal #ode outside hilippine territory. Situation1 Situation1 w4ere a forei/n $ountr5 ma5 not a""l5 it1 $riminal law e!en if a $rime wa1 $ommitted on #oard a !e11el wit4in it1 territorial water1: a. wh when en the the cri crime me is is commi committ tted ed in in a war !e11el of a forei/n $ountr5 $ountr5, because war vessels
are part of the sovereignty of the country to those naval force they belong" b. 5hen the forei/n $ountr5 in whose territorial waters the crime was committed adopts the whic ich h appl applie ies s only only to merc mercha hant nt vess vessel el,, E'CEPT when th the $rime *RENC& *RE NC& RUL RULE E, wh $ommitted affe$t1 t4e national 1e$urit5 or "u#li$ order of 1u$4 forei/n $ountr5 *RENC& RULE---the nationality of the vessel follows the flag which the vessel flies, unless
the crime committed endangers the national security of a foreign country where the vessel is within urisdiction in which case such foreign country will never lose urisdiction over such vessel. ENLIS&) ANL%-SA'%N RULE ---this rule strictly enforces the territoriality of criminal
law. The law of the foreign country where a foreign vessel vessel is within its urisdiction is strictly applied, e!cept if the crime affects only the internal management of the vessel in which case it is subect to the penal law of the country where it is registered.
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Com"o1ition of territor5:
urisdiction e!ercised e!ercised of a country over bodies of land, 1. TERRIT%RIAL 7URIS(ICTI%N---the urisdiction defines in the constitution. 2. *LUVIAL 7URIS(ICTI%N---the urisdiction over maritime and interior waters . 3. AERIAL 7URIS(ICTI%N---the urisdiction over the atmosphere. T4ree T4eorie1 on Aerial 7uri1di$tion:
1. %PEN SPACE T&E%R3 ---which ---which the atmosphere over the country is free and ('T sub'ect sub'ect to the 'urisdiction of the sub'acent state $"%T for the protection of its national security and public order. ---the sub'acent state e(ercises 'urisdiction '(/ to the e(tent that it 2. (ELATIVE T&E%R3 ---the can effectively e(ercise control thereof . 3. ABS%LUTE T&E%R3 ---the ---the sub'acent state has complete complete 'urisdiction 'urisdiction over the atmosphere atmosphere above it +UB0"T '(/ to innocent passage by aircraft of foreign country .
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;nder this doctrine doctrine,, we connect connect the outmost points of our archipelago with straight baselines and waters enclosed thereby as internal waters. waters. The entire entire archipelago archipelago is regarded regarded as one integrated integrated unit instead of being fragmented into so many thousand islands. (s for our territorial seas, these are more defined according to the <amaica #onvention on the 8aw of the Seas, concluded in 1=>, in which the hilippines was a signatory. ARC&IPELA% (%CTRINE %R ARC&IPELAIC RULE
8 PR%SPECTIVIT3
( penal penal law cannot make an act punishable in a manner in which it was not punishable when committed. /5ithout preudice to the provisions contained in (rticle of this #ode, felonies and
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$"%T&'() 5henever a new statute dealing with the crime establishes conditions more lenient or fa!ora#le to t4e a$$u1ed, it can be given a retroactive effect, in accordance with the #octrine of %roReo.
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$"%T&'( to the $"%T&'(+
1. 5here the new law is e0"re11l5 made ina""li$a#le in pending actions or e!isting cause of action. 2. 5here the offender is a 4a#itual delin9uent. REPEAL ind1 of Re"eal:
1. ABS%LUTE %R T%TAL REPEAL---when the crime punished under the repealed law has been decriminali1ed by the same. •
#&S9?;9#9S+
1. Ca1e1 "endin/ in court involving the !iolation of t4e re"ealed law , the same shall be di1mi11ed, e!en though the accused may be a 4a#itual delin9uent. This is so because all persons a$$u1ed of a crime are "re1umed inno$ent until t4e5 are $on!i$ted #5 final ;ud/ment . Therefore, the accused shall be a$9uitted. 2. In cases already de$ided and as to those alread5 1er!in/ 1enten$e #5 final ;ud/ment, if the convict is not a 4a#itual delin9uent , then he will be entitled to a relea1e UNLESS there is a re1er!ation $lau1e in the penal law that it will not apply to those serving sentence at the time of the repeal. 2ut if there is no reservation, those who are not habitual delin'uents even if they are already serving their sentence will receive the benefit of the repealing law. They are entitled to release. 2. PARTIAL %R RELATIVE REPEAL---when the crime punished under the repealed law continues to be a crime in spite of the repeal, so this means the repeal merely modified the conditions affecting the crime under the repealed law. •
#&S9?;9#9S+
1. Pendin/ "ro1e$ution---if the repealing law is more favorable to the offender, it shall be the one applied to him. So whether he is a habitual delin2uent or not , if the case is still pending in court, the repealing law will be the one to apply UNLESS there is a saving clause in the repealing law that it shall not apply to pending causes of action. 2. A1 to t4o1e alread5 1er!in/ 1enten$e in ;ail ---even if the repealing law is partial, then the crime still remains to be a crime. Those who are not habitual delin2uents will benefit on the effect of that repeal, so if the repeal is more lenient to them, it will be the repealing law that will henceforth apply to them. 3. E'PRESS---takes place when a subse'uent law contains a provision that such law repeal was earlier enactment. Si/nifi$an$e+ if the repeal was e!press, the repeal of the repealing law will not survive the first law, so the act or omission will no longer be penali1ed.
4. IMPLIE(---takes place when there is a law on a particular subect matter but is inconsistent with the first law, such that the two laws cannot stand together one of the two laws must give way. IT IS N%T *AV%RE( Si/nifi$an$e+ If a penal law is impliedly repealed, the subse2uent repeal of the repealing law will revive the original law So the act or omission which was punished
as a crime under the original law will be revived and the same shall again be crimes
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Violation1 of 1"e$ial law1 are mala "ro4i#ita .
If the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in 1e, and therefore, good faith and lac3 of criminal intent is a valid defense UNLESS it is the product of criminal negligence or culpa. MALA IN SE 1. Criminal lia#ilit5 Is based on the moral trait of t4e offender that is
why liability would only arise when there is dolo or $ul"a in $ommi11ion of t4e "uni14a#le a$t ood fait4 or la$< of $riminal intent i1 a !alid defen1e, U(++
the crime is the result of culpa. $. t4e de/ree of a$$om"li14ment of t4e $rime i1 ta<en into a$$ount in "uni14in/ t4e offender . Thus, there
are attempted, frustrated, and consummated stages in the commission of a crime. %. 5hen there are more than one offender, t4e de/ree of "arti$i"ation of ea$4 in t4e $ommi11ion of t4e $rime i1 ta<en into a$$ount of im"o1in/ t4e "enalt5 Thus offenders
MALA PR%&IBITA 1. The moral trait of t4e offender is N%T $on1idered, it is enough that t4e "ro4i#ited a$t #e !oluntaril5 done
. ood fait4 i1 N%T a defen1e . $. The act gives rise to a crime %NL3 w4en it i1 $on1ummated.
%.
Miti/atin/ and a//ra!atin/ $ir$um1tan$e1 are N%T ta<en into a$$ount in im"o1in/ t4e "enalt5 ,
because the moral trait of the offender is not considered.
are classified as principals, accomplice, and accessory. 6.
The de/ree of "arti$i"ation of an5 offender is N%T $on1idered.
Title 2 *EL%NIES AN( CIRCUMSTANCES W&IC& A**ECT CRIMINAL LIABILIT3 *EL%NIES, defined @elonies are a$t1 or omi11ion1 punishable by the Re!i1ed Penal Code. Element1 of *elonie1 in /eneral:
1. That there must be an a$t or omi11ion. 2. That the act or omission must be "uni14a#le #5 t4e Re!i1ed Penal Code . 3. That the act is performed or the omission incurred #5 mean1 of dolo or $ul"a . IN*RACTI%NS, defined
Infractions are acts or omissions punishable by an ordinan$e A$t- any bodily movement tending to produce some effect in the e(ternal world , it being unnecessary that the same be actually produced as the "o11i#ilit5 of it1 "rodu$tion i1 1uffi$ient. %mi11ion- inaction, the failure to perform a positive duty that one is bound to do. There must be a law re2uiring the doing or performance of an act . (olo - is e'uivalent to mali$e which is the intent to do in'ury to another . Element1 +C*I.: 1. Criminal intent on the part of the offender" 2. *reedom of a$tion in doing the act on the part of the offender" and
Criminal Intent, categorized into two:
2 eneral S"e$ifi$ Intent---is "re1umed from t4e mere doin/ of a wron/ a$t So this doe1 not re9uire "roof, t4e #urden i1 u"on t4e wrongdoer to "ro!e t4at 4e a$ted wit4out 1u$4 $riminal intent 2. S"e$ifi$ Criminal Intent--- it is N%T "re1umed #e$au1e it i1 an in/redient or element of a $rime, li<e intent to <ill in t4e $rime1 of attem"ted or fru1trated 4omi$ide)"arri$ide)murder . The prosecution 4a1 t4e #urden of "roof INTENT !1 (ISCERNMENT: INTENT is the determination to do a certain thing" an aim or purpose of the mind. It
is the design to resolve or the determination by which a person acts. (ISCERNMENT is the mental capacity to tell right from wrong . It relates to the moral significance that a person ascribes to his act and relates to the intelligence as
an element of dolo, distinct from intent. M%TIVE
INTENT
+eason- moving power which impels
Purpose to use a particular means to bring
one to commit an act for a definite result )state of mind*
about a desired result )not a state of mind, not a reason for committing a crime*
5hen there is motive in the commission of a crime, it always
If
comes before intent. But a $rime ma5#e $ommitted wit4out moti!e
manifested by the instrument used by the offender.
intentional,
a $rime $annot #e Intent is $ommitted wit4out intent
Motive is relevant if:
1. 2. 3. 4. 5. 6. 7.
the identity of the accused is in uestion for purposes of defense in determining the sanity of the accused indirect assault )(rt. %=* in determining whether the shooting is intentional or not defense of strangers )(rt. 11, par. $* in determining the specific nature of the crime.
Cul"a - imprudence or negligence. Element1 +C*I.: 1. !riminal negligence on the part of the offenderAthe crime was the result of negligence,
reckless imprudence, lack of foresight, or lack of skill. 2. /reedom of action in doing the act on the part of the offenderAhe was not acting under duress. 3. #ntelligence on the part of the offender in performing the negligent act. MISTAE %* *ACT
It is the misapprehension of fact on the part of the person who caused inury to another. Be is not, however, criminally liable because he did not act with criminal intent. Re9ui1ite1 of mi1ta<e of fa$t a1 a defen1e: 1. That the act done would have been lawful had the facts been as the accused believed them to be. a. That the intention of the accused in performing the act be lawful
Mistake of Fact vs. Mistake of Ientit!
In mistake of fact , there is %$ criminal intent + while in mistake of identity , there is criminal intent , only it is directed at the wrong person in the belief that he was the proper obect of the crime. 5here an unlawful act is willfully done , a mistake in the identity of the intended victim !A%%$" be considered e(empting, &3 can it be considered reckless imprudence.
(rticle % Criminal Lia#ilit5
#riminal liability shall be incurred+ 1. 2y any person committing a felony)delito* although the wrongful act done be different from that which he intended" 2. 2y any person performing an act which would be an offense against persons or property, where it not for the inherent impossibility of its accomplishment or on account of the employment of an inade'uate or ineffectual means. PR%'IMATE CAUSE, defined
Is that cause which sets into motion other causes and which, unbroken by any efficient supervening cause, produces a felony, without which such felony could not have resulted. o
o
( pro(imate cause is %$" necessarily the immediate cause . This may be a cause which is far and remote from the conse'uence which sets into motion other causes which resulted in the felony. In criminal law, as long as the act of the accused contributed to the death of the victim, even if the victim is about to die , he will still be liable for the felonious act of putting to death that victim.
Felon! is t"e #ro$imate ca%se &"en:
1. There is an active force that intervened between the felony committed and the resulting in'ury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused" or 2. The resulting in'ury is due to the intentional act of the offended party . Wron/ful a$t done #e different from w4at wa1 intended: Aberratio &ctus4 !ista3e in the Blow •
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( person directed the blow at an intended victim but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim is both at the scene of the crime. It generally gives rise to a C%MPLE' CRIME - that being so, the penalty for the serious crime is imposed in the ma!imum period. The only time when comple! crime may not result is when one of the resulting felonies is LI&T *EL%N3
rror in %ersonae4 !ista3e in &dentity •
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The intended victim was not at the scene of the crime. It was the actual victim, upon whom the blow was directed, but he was not the intended victim, there was really a mistake in identity. It is mitigating if the crime committed is different from that which is intended. If the crime committed is different from that which was intended, error in personae does not affect the criminal liability of the offender.
#riminal liability is incurred by any person committing a felony, not merely performing an act. the person is still criminally liable even if there is a mistake in the identity of the victim)error in personae* Pp vs. $anis 1 Phil 2314 when there is mistake in the blow)aberration ictus*" the inurious result is greater than that intended)praeter intentionem* any person who creates in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter’s inury, is liable for the resulting inuries. the felony committed must be the pro!imate cause of the resulting inury. %ro5imate cause is that cause, which in natural and continuous seuence, unbroken by any
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efficient intervening cause, produces the in'ury, and without which the result would not have occurred. ) Bataclan vs. 5edina 062 Phil 070 *
3e'uisites of paragraph 1+ a. (n intentional felony has been committed, b. The wrong done to the aggrieved party be the direct, natural, and logical conse'uence of the felony committed by the offender. IMP%SSIBLE CRIME, defined
Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inade'uate or ineffectual means. Re'%isites:
1. The act performed would be an offense against persons or property " 2. The act was done with evil intent " 3. Its accomplishment is inherently impossible or that the means employed is either inadeuate or ineffectual " 4. The act performed should N%T constitute a violation of another provision of the +P!. I1 t4ere reall5 an im"o11i#le $rime= &bectively, the offender has N%T committed a felony.
Subectively, however, he is a criminal" hence, the law punishes the impossible crime because of the criminal propensity or tendencies of the perpetrator.
Nature of Impossibiit!: 2 Le/al Im"o11i#ilit5 •
6 •
It would apply to those circumstances where+ The motive, desire, and e(pectation is to perform an act in violation of the law. 1. There is an intention to perform the physical act. 2. There is a performance of the intended physical act . 3. The conseuence resulting from the intended act does %$" amount to a crime. P451i$al Im"o11i#ilit5
&ccurs when e!traneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.
(rticle 6 (ut5 of t4e $ourt in $onne$tion wit4 a$t1 w4i$4 14ould #e re"re11ed #ut w4i$4 are not $o!ered #5 t4e law, and in $a1e1 of e0$e11i!e "enaltie1
5henever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law+
Such statement or report as may be deemed proper, 5ithout suspending the e!ecution of the sentence, 5hen a strict enforcement of the provisions of this code would result in the imposition of
a clearly e!cessive penalty. Taking into consideration the degree of malice and the inury caused by the offense.
(rticle D Con1ummated, *ru1trated, and Attem"ted *elonie1 .
#onsummated felonies, as well as those which are frustrated and attempted, are punishable. ( felony is $on1ummated when all the elements necessary for its e!ecution and accomplishment are present" and it is fru1trated when the offender performs all the acts of e!ecution which would produce the felony as a conse'uence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attem"ted 1ta/e when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of e!ecution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Element1 of Attem"ted *elon5:
a. b. c. d.
the offender commences the commission of the felony directly by overt acts " he does %$" perform all the acts of e(ecution which should produce the felony " the offender’s act be %$" stopped by his own spontaneous desistance " the non8performance of all acts of e(ecution was due to cause or accident other than his spontaneous desistance .
Element1 of *ru1trated *elon5:
a. b. c. d.
the offender performs all the acts of e(ecution" all the acts performed would produce the felony as a conseuence " but the felony is not produced" by reason of causes independent of the will of the perpetrator .
Con1ummated *elon5: •
All t4e element1 ne$e11ar5 for it1 e0e$ution and a$$om"li14ment are "re1ent 9very crime has its own elements which must all be present to constitute a
culpable violation of a precept of law. *ru1trated felon5 di1tin/ui14ed from attem"ted felon5
1. In both, the offender has accomplished his criminal intent " 2. 5hile in fru1trated felon5, the offender has performed all the acts of e(ecution which would produce the felony as a conseuence, in attem"ted felon5 the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of e(ecution . In other words, in fru1trated felon5, the offender has reached the ob'ective phase " in attem"ted felon5, the offender has not passed the sub'ective phase . 3. In fru1trated felon5, there is %$ intervention of a foreign or e(traneous cause
between the beginning of the consummation of the crime and the moment when all
2. 2ut while in im"o11i#le $rime, the evil intent of the offender cannot be accomplished" in attem"ted or fru1trated felon5 the evil intent of the offender is possible of accomplishment . 3. In im"o11i#le $rime, the evil intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inade'uate or ineffectual" in attem"ted or fru1trated felon5, what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part.
(rticle E W4en li/4t felonie1 are "uni14a#le . Li/4t felonie1 are "uni14a#le onl5 w4en t4e5 4a!e #een $on1ummated , with the
9F#9TI& of those committed against persons or property. •
Li/4t felonie1 are those infractions of law for the commission of which the penalty of arresto menor or a fine not e5ceeding 677 pesos or both, is provided .
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The li/4t felonie1 punished by the 3# are +S-T-A-M-I.: Slight physical inuries )art. DD*" Theft )art. $G= pars. E and >*" Alteration of boundary marks )art. $1$*" Malicious mischief )art. $> par. $" art. $= par. $*" Intriguing against honor )art. $D%*
2 6 8 > ?
(rticle > Con1"ira$5 and "ro"o1al to $ommit felon5 . !onspiracy and proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefore. ( $on1"ira$5 e!ists when+ 1. Two or more persons come to an agreement concerning the commission of a felony" and . Cecide to commit it. There is proposal when the person who has decided to commit a felony proposes its e!ecution to some other person or persons. Kins of Cons#irac!:
1. #onspiracy as a crime . #onspiracy as a manner or incurring criminal liability
a. E0"re11---conspirators meet and plan prior to the e(ecution " participants are conspirators prior to the commission of the crime. b. &mplied ---did %$" meet prior to the commission of the crime" they participated in such a way that they are acting in concert. Con1"ira$5 i1 dedu$ed from t4e manner of $ommi11ion
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A1 a $rime
Mean1 to $ommit a $rime
Here agreement is sufficient to incur criminal liability. unishable only when the law e!pressly so provides.
&vert acts are necessary to incur criminal liability. &ffenders are punished for the crime itself.
Con1"ira$5 to commit a felony is punishable in conspiracy to commit Trea1on )art. 116*" re#ellion or in1urre$tion )art. 1$D*" and 1edition )art. 1%1*. In these cases, the
*. That the e0e$ution of t4e felon5 #e de$ided u"on Re'%isites of #ro#osal:
1. that a person has de$ided to $ommit a felon5 " 2. That he "ro"o1e1 it1 e0e$ution to 1ome ot4er "er1on or "er1on1 T4ere i1 N% $riminal "ro"o1al w4en:
1. The person who proposes is &T determined to commit the felony. 2. There is & decided, concrete and formal proposal. 3. it is &T the e!ecution of the felony that is proposed •
It is N%T ne$e11ar5 t4at t4e "er1on to w4om t4e "ro"o1al i1 made a/ree1 to
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$ommit trea1on or re#ellion The crimes in w4i$4 $on1"ira$5 and "ro"o1al are "uni14a#le are a/ain1t t4e 1e$urit5 of t4e 1tate or e$onomi$ 1e$urit5 .
(rticle = ra!e felonie1, le11 /ra!e felonie1, and li/4t felonie1 ra!e felonie1 are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive , in accordance with article 6 of this code. Le11 /ra!e felonie1 are those which the law punishes with penalties which in their ma(imum period are correctional , in accordance with the above-mentioned article. Li/4t felonie1 are those infractions of law for the commission of which the penalty of arresto menor or a fine not e(ceeding 266 pesos or both , is provided.
T4e affli$ti!e "enaltie1 in a$$ordan$e wit4 arti$le 6? of t4e Code are:
3eclusion perpetua 3eclusion temporal erpetual or temporary absolute dis'ualification erpetual or temporary special dis'ualification rision mayor T4e followin/ are $orre$tional "enaltie1@
rision correctional (resto mayor Cestierro
(rticle 1G %ffen1e1 not 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code %ffen1e1 w4i$4 are or in t4e future ma5 #e "uni14a#le under 1"e$ial law1 are N%T 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code T4i1 $ode 14all #e 1u""lementar5 to 1u$4 law1, unle11 t4e latter 14ould 1"e$iall5 "ro!ide t4e $ontrar5
The first clause should be understood to mean only that the penal code is not intended to supersede special penal laws. The latter are controlling with regard to offenses therein specially punished. Said clause only restates the elemental rule of statutory construction that the special legal provisions prevail over general ones. The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that /the code shall be supplementary0 to special laws, unless the latter should specially provide the contrary. CIRC+M-ANCE AFFEC-IN CRIMINAL LIABILI-/:
T4ere are onl5 fi!e +?. 1"e$ifi$all5 "ro!ided for +C%(E: 7EMAA.:
4" ARAVATIN CIRCUMSTANCES-those which serve to increase the penalty without e!ceeding the ma!imum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. 5" ALTERNATIVE CIRCUMSTANCES-those which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. #$ere are two %2" ot$ers w$ic$ are found in t$e pro&isions of t$e '(): 1" ABS%LUT%R3 CAUSE-that which has the effect of absolving the offender from criminal liability, although not from civil liability. It has the same effect as e!empting circumstances. 2" E'TENUATIN CIRCUMSTANCES-that which has the effect of mitigating the criminal liability of the offender.
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0ara1ra#" ( Self-defense or defense of one’s self
0ara1ra#" ) •
Cefense of relatives - relatives who can be defended+ Spouse, (scendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity in the same degree and relatives by consanguinity within the fourth civil degree.
0ara1ra#" * (nyone who acts in defense of the person or rights of a stranger, provided that the first and second re'uisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive. •
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(ny person not included in the enumeration of relatives mentioned in paragraph of this article is considered a stranger for the purpose of paragraph $. Includes only up to first cousin. Cistinction must be made between relative and stranger is important because of the element of evil motive.
0ara1ra#" 2 (ny person who, in order to avoid an evil or inury, does an act which causes inury to another, provided that the following re'uisites are present+ @irst. That the evil sought to be avoided actually e!ists" Second. That the inury feared be greater than that done to avoid it" Third. That there be no other practical or less harmful means of preventing it. •
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The greater evil should not be brought about by the negligence or imprudence of the actor. 5hen the accused was not avoiding any evil, he cannot invoke the ustifying circumstance of avoidance of a greater evil or inury.)J vs 3icohermoso 6D S#3( %$1*. The evil which brought about the greater evil must not result from a violation of law by the actor.
0ara1ra#" 3 (ny person who acts in the fulfillment of duty or in the lawful e!ercise of a right or office.
0ara1ra#" 4 .(ny person who acts in obedience to an order issued by a superior for some lawful purpose. Re9ui1ite1:
1. That an order has been issued by a superior. . That such order must be for some legal purpose. $. That the means used by the subordinate to carry out said order is lawful.
(rticle 1 E'EMPTIN CICUMSTANCES
#ircumstances which e!empt from criminal liability. The following are e!empt from criminal liability+
0ara1ra#" ( (n im#e$ile or an in1ane "er1on , unless the latter has acted during a lucid interval. 5hen the imbecile or an insane person has committed an act which the law defines as a felony )delito*, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. -&o 5)6 tests for e$em#tion on t"e 1ro%n of Insanit!:
1. the test of C%NITI%N or whether the accused acted with complete deprivation of intelligence in committing said crime. 2. the test of V%LITI%N or whether the accused acted in the total deprivation of freedom of will. •
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(n imbecile is e!empt in all cases from criminal liability, the insane is not so e!empt if it can be shown that he acted during a lucid interval. (n imbecile is one who while advance in age has a mental development comparable to that of children between two and seven years of age. To constitute insanity, there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will. The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity. If the accused becomes insane at the trial and not during the commission of the crime, he is still liable. 9pilepsy may be covered by the term insanity. @eeblemindedness is not imbecility.
0ara1ra#" ) an * ( "er1on under nine 5ear1 of a/e
$. ( "er1on o!er nine 5ear1 of a/e and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with article 1= of C DG$. 5hen such minor is adudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance
Arti$le 22 7u1tif5in/ $ir$um1tan$e1.
The following do not incur criminal liability+
T4ird ac3 of sufficient provocation on the part of the person defending himself. Element1:
1* ;nlawful aggression * reasonable necessity of the means employed to repel it $* lack of sufficient provocation on the part of the person defending himself ind1 of Unlawful A//re11ion: a. ACTUAL-an attack with physical force or with a weapon. It is a material aggression,
an offensive act which positively determines the intent of the aggressor to cause an inury. It is a physical assault, coupled with a willful disregard of an individual’s personality. b. IMMINENT-an attack that is impending or at the point of happening. It must not consist in a mere threatening attitude nor must it be merely imaginary. The intimidating attitude must be offensive and positively strong. • • •
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;nlawful aggression is an indispensable re'uisite. (ggression must be unlawful aramour surprised in the act of adultery cannot invoke self-defense if he killed the offended husband who was assaulting him.);S vs. Herced $= hil 1=>* ;nlawful aggression is e'uivalent to assault or at least threatened assault of an immediate and imminent kind )eople vs. (lconga E> hil $DD*. The danger or peril to one’s life or limb must be present, that is, must actually e!ist. There must be actual physical force or actual use of weapon. /foot-kick greeting0 is not an unlawful aggression)eople vs. Sabio 1= S#3( =G1* o unlawful aggression when there is no imminent and real danger to the life and limb of the accused. ( strong retaliation for an inury or threat may amount to an unlawful aggression);S vs. #arerro = hil 6%%* The attack made by the deceased and the killing of the deceased by the defendant should succeed each other without appreciable interval of time.)eople vs. (rellano #.( 6% &.4. E6* The unlawful aggression must come from the person who was attacked by the accused. ( public officer e!ceeding his authority may become unlawful aggressor.)eople vs. Bernande 6= hil $%$* ature, character, location and e!tent of wound of the accused allegedly inflicted by the inured party may belie claim of self defense.)eople vs. Tolentino 6% hil EE* Improbability of the accused being the aggressor belies the claim of self defense. )eople vs. Cia 66 S#3( 1E>* The fact that the accused declined to give any statement when he surrendered to a policeman is inconsistent with the plea of self defense.)eople vs. Hanansala $1 S#3( %G1* 5hen the aggressor flees, unlawful aggression no longer e!ists.)eople vs. (lconga E> hil $DD* o unlawful aggression when there is agreement to fight. &ne who voluntarily oined a fight cannot claim self defense. There is unlawful aggression even if the aggressor used a toy pistol, provided that the accused believed it was a real gun.)eople vs. 2oral 11 #( 3ep. =1%* Here threatening attitude is not unlawful aggression.);S vs. 4uy-Sayco 1$ hil =* The reasonableness of the necessity depends upon the circumstances. The person defending is not e!pected to control his blow.
0ara1ra#" ). 7efense of Relatives (nyone who acts in defen1e of t4e "er1on or ri/4t1 of 4i1 1"ou1e,
0erios of "%man life %ner t"e R0C: (bsolute irresponsibility #onditional responsibility @ull responsibility Hitigated responsibility
= years and below K=, L16 1>-EG 1" K=,L16-offender discernment. * 16, L1> $* over EG
acting
with
0res%m#tions:
i. Con$lu1i!e Pre1um"tion-if the age of the minor does not e!ceed = years, he is conclusively e!empt from criminal liability. ii. Re#utta#le Pre1um"tion-if the minor is over = but under 16, he is disputably presumed not criminally liable but the prosecutor can present evidence that he acted with discernment. If it’s proven that he acted with discernment, he is criminally liable.
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;nder nine years to be construed as nine years or less. There is absolute irresponsibility in the case of a minor under nine years of age. (ge computed up to the time of commission of crime. Senility although said to be the second childhood, is only mitigating The minor must have acted without discernment. The minor under 16 years acted without discernment is presumed. Ciscernment means the mental capacity of a minor between = and 16 years of age to fully appreciate the conse'uences of his unlawful act.)eople vs avarro #( 61 &4 %GD*. @acts from which age is presumed must be stated for the record. The allegation of /with intent to kill0 in the information is sufficient allegation of discernment. It is based on complete absence of intelligence.
Conition for s%s#ension of sentence if minor: 1. The crime committed should not carry the penalty of life or death" 2. Be should not have been given the benefit of suspension of sentence before. 3. Bis age at the time of the promulgation of udgment must be below 1>, even though at the time of the commission of the crime, he was over = and below 16 years of age. 4. if the offender is above 16, but below 1>, there is no e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty 1 degree lower and in the proper periods subect to rules in (rt. D%. Note: under Se$tion ? of RA ?8 +*amil5 Court Law., t4ere i1 no need to a""l5 or file a Petition for 1u1"en1ion of 1enten$e T4e law mandate1 an automati$ 1u1"en1ion of 1er!i$e of 1enten$e of t4e 5out4ful offender NO-E:
%n A"ril 6, 6D, loria Arro5o 1i/ned into law Re"u#li$ A$t 8>> ot4erwi1e <nown a1 7UVENILE 7USTICE and WEL*ARE ACT %* 6DF T4e law #e$ame effe$ti!e on Ma5 62, 6D
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt from criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a crime, he is not e!empt from criminal liability unless it is shown that he acted with discernment. Bowever, should the minor above fifteen but below eighteen be found guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation.
#elow ei/4teen +2., e!en t4ou/4 at t4e time of t4e $ommi11ion of t4e $rime, 4e wa1 o!er nine +. and #elow fifteen +2?. 5ear1 of a/e 4. If the offender i1 a#o!e fifteen +2?., #ut #elow ei/4teen +2., there is no
e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one )1* degree lower and in the proper periods subect to rules in (rt. D%.
0ara1ra#" 2 (ny person who, while performing a lawful act with due care, causes an inury by mere a$$ident without fault or intention of causing it. A$$ident-any happening beyond the control of a person the conse'uence of which are
not foreseeable. Element1:
1. 2. 3. 4.
( person is performing a lawful a$t 5ith due $are Be causes an in;ur5 to another by mere a$$ident Wit4out fault or intention of causing it.)J vs Mitug > #(3 NsO =G6, =G=*
;.S. vs. Tanedo 16 hil 1=D+ The accused fired at the wild chicken. The shot recoiled and hit a visiting cousin. Beld+ (ccident
0ara1ra#" 3 (ny person who acts under the $om"ul1ion of an irre1i1ti#le for$e Element1:
1. That the compulsion is by means of "451i$al for$e. 2. That the physical force must be irre1i1ti#le . 3. That the physical force must come from a t4ird "er1on. • The irresistible force must produce such an effect upon the individual that, in spite of all resistance, it redu$e1 4im to a mere in1trument, and a1 1u$4, in$a"a#le of $ommittin/ a $rime Be must act not only without a will but against his will. 0ara1ra#" 4 (ny person who acts under the impulse of an un$ontrolla#le fear of an e9ual or /reater in;ur5 Element1:
1. That the threat which caused the fear is of an evil /reater t4an or at lea1t e9ual to, that which he is re'uired to commit. 2. That it promises an e!il of 1u$4 /ra!it5 and imminen$e t4at t4e ordinar5 man would 4a!e 1u$$um#ed to it );S vs. 9licanal $6 hil G=* •
( grave fear is not uncontrollable if there was an opportunity to verify one’s fear.
0ara1ra#" 8 (ny person who fails to perform an act re'uired by law, when prevented by some lawful or in1u"era#le $au1e Element1:
1. That an act is re9uired #5 law to #e done 2. That a person fail1 to "erform 1u$4 a$t 3. That his failure to perform such act was due to 1ome lawful or in1u"era#le $au1e
Arti$le 28 Cla11e1 of miti/atin/ $ir$um1tan$e1:
effect
reduce the penalty to the 1 or degrees depending upon minimum period, provided, the what the law provides. penalty is divisible.
%rdinar5 miti/atin/ is susceptible of being offset by any aggravating circumstance" while "ri!ile/ed miti/atin/ cannot be offset by aggravating circumstance. %rdinar5 miti/atin/, if not offset by aggravating circumstance, produces only the
effect of applying the penalty provided by law for the crime in its minimum period, in case of divisible penalty" whereas, "ri!ile/ed miti/atin/ produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime. Miti/atin/ $ir$um1tan$e1
The following are mitigating circumstances+
0ara1ra#" ( Those mentioned in the preceding chapter, when all the re'uisites necessary to ustify the act or to e!empt from criminal liability in the respective cases are not attendant •
(ll the re'uisites necessary to ustify the act are not attendant. In$om"lete 1elf defen1e, defen1e of relati!e1, and defen1e of 1tran/er ote that in these three classes of defense, unlawful aggression must be present, it being an indispensable re'uisite. 5hat is absent is either one or both of the last two re'uisites.
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In$om"lete e0em"tin/ $ir$um1tan$e of minorit5 o!er nine and under fifteen 5ear1 of a/e If the minor over = and under 16 years of age acted with
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discernment, he is entitled only to mitigating circumstance, because not all re'uisites necessary to e!empt from criminal liability are present. In$om"lete e0em"tin/ $ir$um1tan$e of a$$ident ;nder %th par. of article 1, four re'uisites must be present. If the nd re'uisite and the first part of the % th re'uisite are absent, the case will fall under article $D6 which punishes a felony by negligence or imprudence. In effect, there is mitigating circumstance because the penalty is lower than that provided for intentional felony.
0ara1ra#" ) T4at t4e offender i1 under 2 5ear1 of a/e or o!er G 5ear1 . In the case of the
minor, he shall be proceeded against in accordance with article 1= of C DG$. It $ontem"late1 t4e followin/:
1. (n offender over = but under 16 years of age who acted with discernment. . (n offender 16 or over but under 1> years of age $. (n offender over EG years old.
0ara1ra#" * That the offender 4ad no intention to $ommit 1o /ra!e a wron/ a1 t4at $ommitted
It can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to e!ecute the criminal act and its conse'uences.);S vs 3eyes $D hil =G%*
0ara1ra#" 2 That 1uffi$ient "ro!o$ation or t4reat on t4e "art of t4e offended "art5 immediatel5 "re$eded t4e a$t Re9ui1ite1: 1. That the provocation must be sufficient. . That it must originate from the offended party. $. That the provocation must be immediate to the act, i.e., to the commission of the
1. TIME If from the element of time, there is a material lapse of time stated in the problem that the effect of the threat or provocation had prolonged and affected the offender at the time he committed the crime, then use the criterion based on the time element. 2. Bowever, if there is that time element and at the same time, facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him, then he will still get the benefit of a mitigating circumstance. 0ara1ra#" 3 That the act was committed in the immediate !indi$ation of a /ra!e offen1e to t4e one $ommittin/ t4e felon5 +delito., his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees. Re9ui1ite1:
1. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees" . That the felony is committed in vindication of such grave offense. ( lapse of time is allowed between the vindication and the doing of the grave offense.
0ara1ra#" 4 That of having acted upon an impulse so powerful as naturally to have "rodu$ed "a11ion or o#fu1$ation Re9ui1ite1@
1. The accused acted upon an impulse" . The impulse must be so powerful that it naturally produced passion or obfuscation. ⇒
5hen there are causes naturally producing in a person natural e!citement, he loses his reason and self-control, thereby diminishing the e!ercise of his will power.);S vs Salandanan 1 hil %D%*
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assion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments.
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The act of the offended party must be unlawful or unust. 9!ercise of a right or fulfillment of duty is not proper source of passion of obfuscation.)J vs oynay 6> hil $=$*
The "a11ion or o#fu1$ation must arise from an act which is+
1. !oming from the offended party. 2. unlawful ). naturally strong as to condition the mind of the offender to commit the crime 4. %ot far removed from the commission of the crime.
0ara1ra#" 8 That the offender had !oluntaril5 1urrendered 4im1elf to a person in authority or his agents, or that he had !oluntaril5 $onfe11ed his guilt before the court prior to the presentation of evidence for the prosecution. Re9ui1ite1 of !oluntar5 1urrender: 1. That the offender had not #een a$tuall5 arre1ted 2. That the offender 1urrendered 4im1elf to a "er1on in aut4orit5 or to t4e latterH1 a/ent 8 That the surrender was !oluntar5 and 1"ontaneou1 •
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If after committing the crime, the offender did not flee and he went with the law enforcers meekly, voluntary surrender is not applicable. If after committing the crime, he did not flee, instead waited for the law
Requisites of Voluntary Plea of Guilt: 1" it must be un$onditional 6. 1"ontaneou1 3" "rior to t4e "re1entation of e!iden$e by the prosecution 4" at the earlie1t "o11i#le time 5" Before a $ourt competent to try the same.
0ara1ra#" That the offender i1 deaf and dum#, #lind, or ot4erwi1e 1ufferin/ 1ome "451i$al defe$t which thus restricts his means of action, defense or communication with his fellow beings. %hysical defect must restrict means of action, defense or communication with fellow beings.
This provision does not distinguish between educated and uneducated deaf-mute or blind persons. It considers them on e'ual footing.
0ara1ra#" ; Such illne11 of the offender as would diminish the e!ercise of the will power of the offender without however depriving him of the consciousness of his acts. Re9ui1ite1:
1. That the illness of the offender must dimini14 t4e e0er$i1e of 4i1 will "ower 2. That such illness should not de"ri!e t4e offender of t4e $on1$iou1ne11 of 4i1 a$t1
5hen the offender $om"letel5 lo1t t4e e0er$i1e of will-"ower, it may be an e0em"tin/ $ir$um1tan$e. It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will.
0ara1ra#" (< (nd, finally, an5 ot4er $ir$um1tan$e1 of a 1imilar nature and analo/ou1 to t4o1e a#o!e mentioned This authories the court to consider in favor of the accused /any other circumstance of a similar nature and analogous to those mentioned0 in pars.1-= of article 1$.
(rticle 1% A//ra!atin/ $ir$um1tan$e1
The following are aggravating BASIS: circumstances+ They are based on the greater perversity of the offender manifested in the commission of the crime as shown by+ 1* the motivating power itself * the place of commission $* the means and ways employed %* the time 6* the personal circumstances of the offender, or the offended party.
Classification: 1" eneri$-those that generally apply to all crimes 2" S"e$ifi$-those that apply only to a particular crime 3" ualif5in/-those that change the nature of the crime. 4" In4erent-those that must of necessity accompany the commission of the crime. ENERIC
UALI*3IN
0ara1ra#" ( an ) 1. That advantage be taken by the offender of his public position. . That the crime be committed in contempt of or with insult to the public authorities.
'e*uisites: 1* the public authority is engaged in the discharge of his duties. * he is not the person against whom the crime is committed" and $* the offender knows of the identity of the public authority. 0ara1ra#" * That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or se!, or it be committed in the dwelling of the offended party, if the latter has not given provocation. •
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There must be proof that the accused deliberately intended to offend or insult the age or se! of the offended party. ot applicable in crimes against property. Cwelling should not be understood in the concept of domicile. It must not be the dwelling of the offender. Cwelling need not be owned by the offended party. It is enough that he used the place for his peace of mind, comfort and privacy.
0ara1ra#" 2 an 3 %. That the act be committed with abuse of confidence or obvious ungratefulness. 6. That the crime be committed in the palace of the #hief 9!ecutive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.
'e*uisites: 1* the offended party has trusted the offender. * the offender abused that trust. $* the abused facilitated the commission of the crime. •
If the confidence is reposed by another, the offended party is different from the one who reposed the confidence and abuse of confidence in that case is not aggravating. Para/ra"4 D and G
D. That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. 5henever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. E. That the crime be committed on the occasion of a conflagration, shipwreck, earth'uake, epidemic, or other calamity or misfortune.
+ements: 1* the circumstance of night time 2" They facilitate the commission of the crime to conceal the offense, ease the e!ecution or escape. •
If all these aggravating circumstances concur in the commission of the crime, all will constitute one aggravating circumstance.
Ni/4t time, Re9ui1ite1:
1* night time facilitated the commission of the crime" or * the offender took advantage thereof" $* it was sought for impunity, or to insure escape, or prevent himself from being
* who are armed $* who took direct part in the e!ecution of the crime.
0ara1ra#" That the crime be committed with the aid of armed men or persons who insure or afford impunity.
'e*uisites: 1" (rmed person took part in the commission of the crime, directly or indirectly. 2" (ccused availed of their aid or relied upon them when the crime was committed. It is not aggra&ating: 1" 5here the offender and the offended party are e'ually armed. 2" If the person committing the crime and the armed men are in conspiracy. (id of armed men is absorbed. 0ara1ra#" ; an (< =. That the accused is a recidivist. I. ( recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final udgment of another crime embraced II. In the same title of this #ode. 1G. That the offender has been previously punished for an offense to which the law attaches an e'ual or greater penalty or for two or more crimes to which it attaches a lighter penalty. RECI7I9IM, efine.
Is one who, at the time of his trial for one crime, shall have been previously convicted by final udgment of another crime embraced in the same Title.
Reason for =ein1 a11ravatin1: The implication is that the offender is specialiing on such kind of crime and the law wants to prevent any specialiation. • It does not prescribe • ardon does not erase recidivism, even if it is absolute, because pardon only e!cuses the service of the penalty, but not the conviction. • If recidivism is not alleged in the information, it shall be considered as a generic aggravating &a#itual delin9uen$5
Re$idi!i1m
@ound guilty a third time or oftener. SeriousJless serious physical inuries. 3obbery, theft, estafa, or falsification
&nce, conviction
Imposition of additional penalty.
4eneric aggravating
prior
(n offense embraced in the same Title of the 3#.
Re$idi!i1m
convictions, at least @elony must be embraced under the same title of the 3#. Imprescriptible
Reitera$ion
ua1ire$idi!i1m
&ne )or more* previous punishment
&ne prior conviction
&ne offense which (ny offense the law attaches an e'ual or greater penalty or two offenses to which the law attaches a lighter penalty. 4eneric aggravating Special aggravating.
ua1i-Re$idi!i1m
convictions at least (ny felony nd felony must be committed after st
convictions enough
are
(t least convictions, if the law attaches an e'ual or greater penalty" at least $ if succeeding crimes have lighter penalty. Hust already served sentence. @elony depends on the gravity of the penalty attached thereto
@elony embraced under the same title of the 3#. 4eneric aggravating. 4eneric aggravating
&a#itual delin9uen$5
(t least $ convictions #rimes are specified 1G years prescriptive period Special aggravating
Re$idi!i1m
convictions are enough The crimes are not specified. It is enough that they are embraced under the same title of the 3# Imprescriptible 4eneric aggravating #ircumstance need not be alleged in the information
Reitera$ion
(t least convictions, if the law attaches an e'ual or greater penalty" $ if the law attaches a lighter penalty. #rimes are not specified Imprescriptible 4eneric aggravating
&a#itual delin9uen$5
(t least $ convictions The crimes are limited and specified+ a. serious physical inuries, b. less serious physical inuries, c. robbery, d. theft, e. estafa or swindling, and f. falsification. The limit of 1G years between every conviction or release from punishment. Special aggravating #ircumstance must be alleged in the information" otherwise, the court cannot ac'uire urisdiction to impose additional penalty.
0ara1ra#" (( an () 11. That the crime be committed in consideration of a price, reward, or promise. 1. That the crime be committed by means of inundation, fire, poison, e!plosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. •
•
The inducement must be the PRIMAR3 C%NSI(ERATI%N in the commission of the crime. 2oth the giverJs and receiverJs are offenders.
0ara1ra#" (* That the act be committed with the evident premeditation. Conitions:
1* the time when the accused determined to commit the crime. * an act manifestly indicating that the accused has clung to his determination. 3" Sufficient lapse of time between such determination and e!ecution, to allow him to reflect upon the conse'uences of his act. •
•
9vident premeditation shall not be considered when the crime refers to a different person other than the person premeditated against. remeditation must be clear.
$* estafa through false pretenses where the offender employs insidious means which cannot happen accidentally.
0ara1ra#" (2 That craft, fraud, or disguise be employed. Craft- intellectual cunning or trickery *raud- insidious words or machinations (i1/ui1e- to enable the offender to conceal his identity and to escape it must
conceal the identity of the offender, if he is recognied, the disguise will not be considered aggravating.
0ara1ra#" (3 That advantage is taken of superior strength, or means be employed to weaken the defense. •
Intentional employment of e!cessive means out of proportion to the means of defense available to the offended party.
0ara1ra#" (4 That the act be committed with treachery )alevosia*. There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the e!ecution thereof which tend directly and specially to insure its e!ecution, without risk to himself arising from the defense which the offended party might make. Re9ui1ite1:
1" The malefactors employ such means, methods or manner of e!ecution that ensures his or her safety from the defensive or retaliatory act of the victim. 2" Such means, method or form of e!ecution is consciously or deliberately adopted by the accused. TREAC&ER3, defined
The employment of means, method and form in the commission of the crime which tend directly and specially to insure its e!ecution without risk to himself arising from the defense which the offended party might make.
0ara1ra#" (8 That means be employed or circumstances brought about which add ignominy to the natural effects of the act. I/nomin5
Shocks moral conscience Horal effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive
Cruelt5
hysical ertains to the physical suffering of the victim so the victim has to be alive.
0ara1ra#"s (, (; an )< 1>. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. 1=. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
•
There must be evidence showing the accused inflicted the alleged wounds slowly and gradually and that he is delighted in seeing the victim suffer in pain. In the (2S9#9 of this effect, there is no cruelty
Article (3 Alternati!e Cir$um1tan$e1 Alternati!e $ir$um1tan$e1 are t4o1e w4i$4 mu1t #e ta<en into $on1ideration a1
1* aggravating or mitigating according to the nature and effects of the crime, and 2" The other conditions attending its commission. They are+ 1* relationship * into!ication 3" Cegree of instruction and education of the offender. RELATI%NS&IP
It shall be taken when the offended party is the+ a* spouse b* ascendant c* descendant d* legitimate, natural or adopted brother or sister, or e" 3elative by affinity in the same degree of the offender.
'eations$ip is eempting w$en: a* accessory is related to the principal )(rt. G* b* a spouse does not incur criminal liability for a crime of less serious physical inuries or serious physical inuries if it was inflicted after having surprised the offended spouse and the paramour actually in the act of having se!. )(rt. %E* c* in the crimes of theft, malicious mischief and estafa, if the offender is the spouse, ascendant , or descendant or if the offender is a sister or brother-in-law of the offended party and they are living together. )(rt. $$* this is an absolutory cause. 'eations$ip is *uaif!ing w$en: a* ?ualified seduction+ brother )(rt. $$E* b* 3ape )(rt. $$6*+ when the victim is under 1> years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim. Relation14i" i1 miti/atin/, generally, in crimes against property. Relation14i" i1 a//ra!atin/ in crimes against person, chastity and honor. INT%'ICATI%N
Into!ication is ipso facto mitigating, thus if the prosecution wants to deny the offender the benefit of this mitigating, they should prove that it is &ABITUAL and INTENTI%NAL It i1 miti/atin/ w4en+
The offender has reached that degree of into!ication where he has no control of himself. It is not the number of drinks he had that will determine this but the conduct of the offender, the manner of committing the crime, and his behavior after committing the crime. 7EREE OF IN-R+C-ION AN7 E7+CA-ION
It is mitigating in most crimes, E'CEPT where the natural law posits the general and
Arti$le 2D The following are criminally liable for RAVE AN( LESS RAVE *EL%NIES + 2. Prin$i"al1 6. A$$om"li$e1 8. A$$e11orie1 T4e followin/ are $riminall5 lia#le for LI&T *EL%NIES: 2. Prin$i"al1 6. A$$om"li$e1
It is necessary to classify offenders when more than 1 took part in the commission of the crime to determine the proper penalty. If only 1 person committed a crime, do not use the term principal. 5hen there are several participants, the first thing to do is find out if there is C%NSPIRAC3 Bowever, if the participation of 1 is so insignificant, such that even without his cooperation, the crime would be committed ust as well, then notwithstanding the e!istence of a conspiracy, such offender may be regarded only as an accomplice. The reason for this is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate clear perversity.
Arti$le 2G The following are considered principal+ 1" Those who take a direct part in the e!ecution of the act" 2" Those who directly force or induce others to commit it" 3" Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. IN(UCEMENT+ &ne strong enough that the person induced could hardly resist. This is tantamount to an irresistible force compelling the person induced to carry out the e!ecution of the crime. Ill advised language is not enough, unless he who made such remark or advice is a coconspirator in the crime committed. Wa51 of #e$omin/ a "rin$i"al #5 indu$ement:
1. by directly forcing another to commit a crime, and • by using irresistible force" • by causing uncontrollable fear. . by directly inducing another to commit a crime. • 2y giving price or offering reward or promise" • 2y using words of command. Re'%isites:
1* that the inducement be made directly with the intention of procuring the commission of the crime. * that such inducement be the determining cause of the commission of the crime. •
The one who induced is merely an accomplice if he merely goaded or provided encouragement to the offender.
•
If the inducement was made while the crime is already taking place, inducement cannot be said to be the reason for the felonious act.
W"o ma! =e consiere as a #rinci#al =! inis#ensa=le coo#eration>
The basis is the importance of the cooperation to the consummation of the crime. If the
(ccessories before the fact The cooperation is not indispensable.
• •
Re9ui1ite1:
a. That there be community of design" i.e., knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose" b. That he performs previous or simultaneous acts that are not indispensable to the commission of the crime.
A$$om"li$e
Co-$on1"irator
8iability is 1 degree lower than that of 8iability is collective, not individual. the principal. #ame to know of the criminal Pnow of the criminal intention as he is one of intention after the principals have the authors. reached a decision. Herely concur and cooperate in the Cecide to commit the crime. commission of the crime. Herely the instruments who perform (uthors of the crime. essential acts for the perpetration of the offense. (cts are not indispensable. (cts are indispensable.
Arti$le 2 A$$e11orie1 are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subse'uent to its commission in any of the following manners+
1. 2y profiting themselves or assisting the offender to profit by the effects of the crime. 2. 2y concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. $. by harboring, concealing or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the #hief 9!ecutive, or is known to be habitually guilty of some other crime. •
&ne cannot be an accessory unless he knows of the commission of the crime. &ne must not have participated in the commission of the crime. The accessory comes into the picture when the crime is already consummated.
In1tan$e1 w4en an a$$e11or5 ma5 #e $on!i$ted wit4out $on!i$tion on t4e "art of t4e "rin$i"al:
1" * $* %*
if the act committed by the accessory is under subsection 1 and " if the principal is ac'uitted by reason of an e!empting circumstance" if the principal is not in the custody of proper authorities" if the accessory helped the principal to escape.
Arti$le 6 The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their + Spouses, + (scendants, + Cescendants, + 8egitimate, natural and adopted brothers and sisters, or + 3elatives by affinity within the same degree
It is the suffering that is inflicted by the state for the transgression of a law. ?%icial conitions of #enalt!:
1. Hust be productive of suffering, without however affecting the integrity of the human personality 2. Hust be proportionalJcommensurate with the offense. 3. Hust be personal Hust be legal 4. Hust be certain 5. 6. Hust be e'ual for all Hust be correctional 7. -"eories ?%stif!in1 0enalt!:
1. PREVENTI%N Q the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. 2. SEL*-(E*ENSE Q the state has a right to punish the criminal as measure of selfdefense so as to protect society from the threat and wrong inflicted by the criminal. 3. RE*%RMATI%N Q the obect of punishment in criminal cases is to correct and reform the offender. 4. E'EMPLARIT3 Q the criminal is punished to serve as e!ample to deter others from committing crimes. 5. 7USTICE J that crime must be punished by the state as an act of retributive ustice, a vindication of absolute right and moral law violated by the criminal. MEASURES %* PREVENTI%N %* SA*ET3 W&IC& PENALTIES:
ARE
N%T
C%NSI(ERE(
The arrest and temporary detention of accused persons as well as their detention of accused person as well 1. as their detention by reason of insanity, or imbecility or illness re'uiring their confinement in a hospital. . The commitment of a minor to any of the institutions mentioned in (rt. >G for the purposes specified therein. $. Suspension from the employment or public office during the trial or in order to institute proceedings. %. @ines and other corrective measures, which, in the e!ercise of their administrative disciplinary powers, superior officials may impose upon their subordinate. 6. Ceprivation of rights and reparations which the civil laws may establish in penal form. The 3# specifies that such detention shall not be considered as a penalty but merely a preventive measure because this gives ustification for detaining the accused. &therwise, the detention would violate the constitutional provision that no person shall deprived of life, liberty and property without due process of law. (nd also, the constitutional right of an accused to be presumed innocent until the contrary is proved. •
CLASSI*ICATI%N %* PENALT3:
1. conviction. •
PRINCIPAL PENALTIES Q those e!pressly imposed by the court in the udgment of
rincipal penalties may either be+ - divisible and does that have fi!ed duration and are divisible into three )$* periods+ - indivisible those which have no fi!ed duration • Indivisible penalties are+ - death - reclusion perpetua - perpetual absolute or
3estriction of freedom )destierro* Ceprivation of rights )dis'ualification and suspension* ecuniary fine
#orrectional 8ight
&'RA"I#$ #! %AC( &I!!%R%$" P%$A"I%S:
1. 2. 3. 4. 5. 6. 7.
PERPETUAL PENALTIES Q convict pardoned after undergoing the penalty for $G
years, e!cept when he is not worthy of pardon by reason of his conduct or some other serious cause. RECLUSI%N TEMP%RAL Q 1 years and 1 day to G years. PRISI%N MA3%R AN( TEMP%RAR3 (ISUALI*ICATI%N Q D years and 1 day to 1 years, e!cept when dis'ualification is accessory penalty, in which case its duration is that of the principal penalty. PRISI%N C%RRECTI%NAL, SUSPENSI%N AN( (ESTIERR% Q D months and 1 day to D years, e!cept when suspension is an accessory penalty, in which case its duration is that of the principal penalty. ARREST% MA3%R Q 1 month and 1 day to D months. ARREST% MEN%R Q 1 day to $G days B%N( T% EEP T&E PEACE Q the period during which the bond shall be effective is discretionary to the court. (ESTIERR% Q Is a punishment whereby a convict is banished to a certain place
and is prohibited from entering or coming near that place designed in the sentence, within a radius not less than 6 kilometers, nor more than 6G kilometers. •
If the convict should enter the prohibited places, he commits the crime of 9vasion of Service of sentence under (3T. 16E, 3#.
(ESTIERR% IS IMP%SE( IN T&E *%LL%WIN SITUATI%NS:
1. 5hen a legally person who had surprised his or her spouse in the act of se!ual intercourse with another and while in that act, or immediately thereafter, should kill or inflict serious physical inuries upon the other spouse andJor the paramour or mistress. . In the crime of grave threat or light threat, when the offender is re'uired to put a bond for good behavior but failed or refused to do so under (3T. >%, such convict shall be sentenced to Cestierro so that he would not be able to carry out his threat. $. In the crime of concubinage, the penalty prescribed for the concubinage is Cestierro under (3T. $$%. 4. 5here the penalty prescribed by law is (rresto Hayor but then, the offender is entitled to a privileged mitigating circumstance and lowering the prescribed penalty by one degree, the penalty one degree lower is Cestierro. So it shall be the penalty to be imposed. (eat4 Penalt5 14all not #e im"o1ed in t4e followin/ in1tan$e1:
1.
5hen the guilty person is below 1> years of age at the time of the commission of the
2.
Is more than EG years of age. $. when upon appeal or automatic review of the case by the Supreme #ourt, the re'uired maority vote is not obtained for the imposition of he death penalty, in which cases the penalty shall be reclusion perpetua,
crime.
Situation1 in w4i$4 t4e e0e$ution of deat4 "enalt5 #e 1u1"ended:
1. if convict is pregnant, or within 1 year after her delivery . convicts become insane or an imbecile after conviction $. court orders suspension by reason of+ a. doubt as to the identity of the convict b. there is a re'uest for e!ecutive clemency %. resident grants reprieve.
3.
T&E (URATI%N %* %T&ER PENALTIES Q the duration is from the day on which
the offender commences to serve his sentence. •
If on appeal, the service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the udgment of the trial court was promulgated. 0RE9EN-I9E IM0RIONMEN-
The accused accused undergoes undergoes preventive preventive imprisonmen imprisonmentt when the offense offense charged charged is non-bailable or even if bailable he cannot furnish the re'uired bill. reventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone it" PR%VI(E(+ he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners+ • If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his, sentence with with four four-f -fif ifth ths s )%J6 )%J6** if the the time time duri during ng wh whic ich h he has has unde underg rgon one e prev preven enti tive ve imprisonment. •
'UT&( '9 A""++'R/ %(AT&+ &(HR(T &( %R&("&%A %(AT&+) (EAT&
erpetual absolute dis'ualification #ivil interdiction during $G years, if not e!pressly remitted in the pardon
•
RECLUSI%N PERPETUA) TEMP%RAL
#ivil interdiction for life or during the sentence
PRISI%N MA3%R
Temporary Temporary absolute dis'ualification erpetual absolute That of dis'ualification, unless perpetual e!pressly remitted in the special pardon of the principal dis'ualification penalty from suffrage, unless e!pressly remitted in the pardon of the principal penalty
PRISI%N C%RRECTI%NAL
Suspension from public office, profession or calling erpetual special dis'ualification from suffrage, if the duration of imprisonment e!ceedsJ > months, unless e!pressly remitted in the pardon of the principal penalty
(ESTIERR% has no accessory penalty.
9ffects of the penalties of perpetual or temporary absolute dis'ualification+ The deprivation deprivation of the public offices and employments employments which the offender offender may have held even if conferred by popular election. The deprivati deprivation on of the the right right to vote vote in any any election election for for any popular popular office or to be elected elected 1. to such office. The dis'ualificati dis'ualification on for the offices or public public employments employments and for the e!ercise e!ercise of any of 2. the rights mentioned. The loss loss of all all rights rights to retirement retirement pay or other pension pension for any office office formerly formerly held. 3. 4. In case of temporary dis'ualification, the dis'ualification in and $ shall last during the term of the sentence. • In absolute dis'ualification, all these effects last during the lifetime of the convict and even after the service of the sentence.
+ffects of t$e penaties of perpetua or temporar! specia dis*uaification: 1. The deprivatio deprivation n of the office, office, employm employment, ent, profess profession, ion, or calling calling affected" affected" 2. The dis'ualification dis'ualification for holding similar offices or employments employments either either perpetually or during the term of the sentence according to the e!tent of such dis'ualification.
$. mari marita tall auth author orit ity y 4. 3ight to manage property and to dispose of the same. Bond to <ee" "ea$e
Bond for /ood #e4a!ior
( princi principal pal penal penalty, ty, not not an acces accessor sory y penalt penalty. y. o part partic icul ular ar felon felony y whe where re this this is is pre presc scri ribe bed. d.
This penalty penalty is not found found in artic article le 6. 6. This This is a penal penalty ty partic particul ular ar to artic article le >%- grave or light threats. The conse'uen conse'uence ce of failure failure to put put up this bond bond @ailure to put up a bond results in is impr impris ison onme ment nt for for D mont months hs or $G days days destierro. depending on whether the felony committed is grave or less grave felony or light. P%C'$IAR) P%C'$IAR) IABII"I%S IABII"I%S::
1. . $. %.
the reparation of the damage caused. indemnification of the conse'uential damages fine costs of proceedings 1 and are payable to the offended party. $ and % are payable to the state. • •
W4en i1 it a""li$a#le=
It is applicable /in case the property of the offender should not be sufficient for the payment payment of all his pecuniary pecuniary liabili liabilitie ties. s. Bence, Bence, if the offender offender has sufficie sufficient nt or no property, it is not applicable. S'BSI&IAR) S'BSI&IAR) P%$A")* P%$A")* defined+ defined+
It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each > pesos, subect to the rules provided in (rticle $=. +BI7IAR/ 0ENAL-/ I A00LIE7 W@EN:
1. If the the sub subsi sidi diary ary pena penalt lty y pres prescr crib ibed ed for the the non non paym paymen entt of fin fine e whic which h goes goes with with the principal penalty, the ma!imum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. 2ut this will only be true if the one year period is higher than 1J$ of the principal penalty, the convict cannot be made to undergo subsidiary penalty more than 1J$ of the duration of the principal penalty and in no principal penalty Q whichever is lower. . If the the subs subsid idia iary ry pen penal alty ty is is to be imp imposed osed for for non non pay payment ment of of fine fine and and the the principal penalty imposed be fine only, which is a single penalty, that means it does not go with another principal penalty, the most that the convict will be re'uired to undergo subsidiary imprisonment is D months, if the felony committed is grave or less grave, otherwise, if the felony committed is slight the ma!imum duration of the subsidiary penalty is only 16 days. W4en i1 it "ro"er= It i1 "ro"er w4en t4e $on!i$t i1 in1ol!ent and:
1. when there there is a principal principal penalty penalty of imprisonm imprisonment ent or any any other princip principal al penalty and carries with it a fine" and 2. 5hen the penalty is only a fine. Penalt5
rision correccional or arresto and fine @ine Bigher than rision
(uration of 1ta5
3emain under confinement until his fine is satisfied" but it shall not e!ceed 1J$ of the term of sentence, and not more than 1 year. a. gr grave or less grave felony+ not more than D months. b. 8ight+ not more than 16 days o imprisonment
•
penalty is public censure censure and and fine even if PUBLIC CENSURE AN( *INE: If the penalty
the public censure is a light penalty, the convict cannot be re'uired to pay the fine for subsidiary subsidiary penalty for the non payment of the fine because because public censure is a penalty penalty that has no fi!ed duration. • re'uired to undergo undergo the subsidiary subsidiary (ESTIERR% AN( *INE: The convict can be re'uired penalty, penalty, as destierro, though though not imprisonment imprisonment is still a penalty to be served. Bence, Bence, subsidiary penalty applies. • not cons conside iderr the the T%TALIT3 %* PENALT3 UN(ER T&E 8-*%L( RULE: Co not totality of the imprisonment that the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be re'uired to serve under the $fold rule. If the totality of the imprisonment imprisonment under under this rule does not e!ceed e!ceed D years, then even if the totality of the sentences without applying the $-fold rule will go beyond D years, the convict shall be re'uired to undergo subsidiary penalty if he could not pay the fine. COM0LE CRIME
5hen a single act constitutes or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its ma!imum period.
0"iloso#"! =e"in: The treatment of plural crimes as one is to be lenient to the offender, who, instead of being made to suffer distinct penalty only, although it is the penalty for the most serious one and in the ma!imum period. It is in consonance with with the do$trine of "ro-reo A $om"le0 $rime i1 eit4er:
1. ( single act constituting or more grave or less grave felonies" 2. (n offense is a necessary means for committing the other- C%MPLE' CRIME PR%PER
*orm1: :. "omp "ompou ound nd cri crime mes s 6. "omp "omple le5 5 "rim "rime e %rop %roper er ;. "omp "ompos osit ite e "rim "rime e <. "ontinued "ontinued "rime "rime 2 Com"ound $rime1
&ffender performs a single act and produces or more crimes" no regard for the gravity of crimes, as long as there is only 1 act. Re9ui1ite1:
1. that only only a single single act is performed performed by the offender" offender" . that the single single act produc produces+ es+ a. or more more grav grave e fel felon onie ies s b. I or more more grave grave or or I or more less grave felonies felonies c. or mor more e less less grav grave e felo feloni nies es.. 6 Com"le0 Crime Pro"er Re9ui1ite1:
1. at least least offens offenses es are are comm committ itted ed . 1 or some some of the the offenses offenses must must be necessary necessary to commit commit the other other 3. 2oth or all the offenses must be punishable under the 3evised enal #ode. •
&ne was used to facilitate the commission of the crime.
8 Com"o1ite Crime
(re special special comple! comple! crimes crimes composed composed of two felonie felonies, s, punish punishabl able e under under a separate article in the 3evised enal #ode. In substance, it is made up of more more than 1 crime but in the eyes of the law there is only a single indivisible crime. )3obbery with BomicideJ3ape*
corresponding to the most serious crime, imposed on its ma!imum period. The test is not whether one of the two offenses is an essential element of the other.
Is a Continued crime a continuin, crime- If not* what is the difference( continued crime must be understood in the light of substantive law, while continuing crime, in the light of procedural law. The term Rcontinuing’ here must be understood in the sense similar to that of Rtransitory’ and is only intended as a factor in determining the proper venue or urisdiction for that matter of the criminal action pursuant to Section 1%, 3ule 11G of the 3ules of #ourt. This is so, because /a person charged with a transitory offense may be tried in any urisdiction where the offense is in part committed. The penalty for the most serious crime shall be imposed, the same to be applied in its ma!imum period. PENALT3 PRESCRIBE( T% A CRIME IS L%WERE( B3 (EREES IN T&E *%LL%WIN CASES: 2
W4en t4e $rime i1 onl5 attem"ted or fru1trated • •
If it is frustrated, penalty is one degree lower than that prescribed by law. If it is attempted, penalty is two degrees lower than that prescribed by
law. 6 • •
W4en t4e offender i1 an a$$om"li$e or a$$e11or5 onl5:
enalty is 1 degree lower in case of an accomplice enalty is degrees lower in the case of an accessory.
3.
5hen there is a "ri!ile/e miti/atin/ $ir$um1tan$e in favor of the offender, it will lower the penalty by 1 or degrees than that prescribed by the law depending on what the particular provision of the 3# states.
4.
5hen the penalty prescribed for the crime committed is a di!i1i#le "enalt5 and t4ere are two or more ordinar5 miti/atin/ $ir$um1tan$e1 and no a//ra!atin/ $ir$um1tan$e1 whatsoever, the penalty ne!t lower in degree
shall be the one imposed. 6.
5henever the provision of the code specifically lower the penalty by one or two degrees than what is ordinarily prescribed for the crime committed. (IARAM
Prin$i"al 1 A$$om"li $e1 A$$e11or ie1
C%NSUMMATE(
*RUSTRATE(
ATTEMPTE(
G
1
1
$
$
%
-@REEFOL7 R+LE
(ccording to the $ fold rule, the ma!imum duration of the convict’s sentence shall not be more than $ times the length of time corresponding to the most severe of the penalties imposed upon him.
The $-fold rule must be used only when the product of the greatest penalty multiplied by $ is less than the sum of all the penalties t be imposed. •
@or purposes of the rule, indivisible penalties shall be given an e'uivalent duration of $G years, so that if he will have to suffer several perpetual dis'ualification, under the rule, you take the most severe and multiply it by $. The rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court. •
E'ECUTI%N AN( SERVICE %* PENALT3 •
/o penalty shall be e!ecuted e!cept by virtue of a final udgment0 • The udgment must be final before it can be e!ecuted because the accused may still appeal within 16 days from its promulgation. 2ut if the dependant has e!pressly waived in writing his right to appeal, the udgment becomes final immediately.
RULES IN SUSPENSI%N %* T&E E'ECUTI%N AN( SERVICE %* PENALTIES IN CASE %* INSANIT3:
1. 5hen a convict becomes insane or imbecile after final sentence has been pronounced, the e!ecution of said sentence is suspended only as regards the personal penalty. If he REC%VERS his reason, his sentence shall be e!ecuted, unless the penalty has
2. prescribed. $. 9ven if while serving his sentence, the convict becomes insane or imbecile, (rticle E= shall be observed. %. 2ut the payment of his civil or pecuniary liabilities shall not be suspended.
Title > E'TINCTI%N %* CRIMINAL LIABILIT3
There are two )* classifications when #riminal 8iability are e!tinguished+ a T%TAL # PARTIAL "R&!&(A &AB&&T/ &+ T'TA/ $T&(=U&+H# A+ 9''>+) 2 B5 t4e deat4 of t4e $on!i$t a1 to "er1onal "enaltie1, and a1 to t4e "e$uniar5 "enaltie1, lia#ilit5 t4erefore i1 e0tin/ui14ed onl5 w4en t4e deat4 of t4e offender o$$ur1 #efore final ;ud/ment
The death of the convict, whether before or after final udgment, e!tinguishes criminal liability, because one of the uridical conditions of penalty is that it is PERS%NAL (t this instance, his civil liability is also e!tinguished. • 5hile the case is on appeal, the offender dies, the case on appeal will be dismissed. The offended party may file a separate civil action under the #ivil #ode if any other basis for recovery of civil liability e!ists as provided under (rt. 116E of the #ivil #ode. •
6 B5 1er!i$e of 1enten$e
#rime is debt incurred by the offender as a conse'uence of his wrongful act and the penalty is but the amount of his debt. Service of sentence does not e!tinguish the civil liability. •
•
8 B5 amne1t5 w4i$4 $om"letel5 e0tin/ui14e1 t4e "enalt5 and all it1 effe$t1 AMNEST3, (efined
It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is rarely, if ever, e!ercised in the favor of a single individual, and is usually
PAR(%N (efined
It is an act of grace proceeding from the power entrusted with the e!ecution of the laws which e!empts the individual on whom it is bestowed from the punishment of the law inflicts for the crime he has committed. ardon, whether absolute or conditional, is in the nature of a deed, for the validity of which delivery is an indispensable re'uisite.
•
AMNEST3 AN( PAR(%N (ISTINUIS&E(. PAR(%N
AMNEST3
- includes any crime and is e!ercised individually by the president
- is a blanket of pardon to classes of persons on communities who may be guilty of political offenses
- e!ercised when the person is already convicted - pardon looks forward and relieves the offender from the conse'uences of an offense or which he has been convicted, that is its abolishes or forgives the punishment - pardon being a private act of the resident must be pleaded and proved by the person pardoned
- may be e!ercised even before trial or investigation is had - amnesty looks backward and abolishes and puts into oblivion the offense itself.
- amnesty being by proclamation of the chief e!ecutive with the concurrence of #ongress, is a public act of which the courts should take udicial notice
K B%T& (% N%T E'TINUIS& T&E CIVIL LIABILIT3 %* T&E %**EN(ER ? B5 "re1$ri"tion of t4e $rime •
•
•
It is the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain time. rescription of the crime begins, as a general rule on the day of the crime was committed, unless the crime was concealed, not public, in which case, the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. rescription of the crime is not waivable.
T4e "re1$ri"tion of t4e felon5 i1 1u1"ended w4en:
1. 5hen a complaint is filed in a proper barangay for conciliation or mediation but the suspension of the prescriptive period is good only for DG days, after which the prescription will resume to run, whether the conciliation or mediation is terminated or not. . 5hen criminal case is filed in the @iscal’s &ffice, the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused. $. 2ut where the crime is subect to summary rocedure, the rescription of the crime will be suspended only when the information is already filed with the trial court. It is not the filing of the complaint, but the filing of the information in the trial court which will suspend the prescription. •
The prescription of penalty, the period will only commence to run when the convict has began to serve the sentence.
0rescri#tion of Crimes 3eclusion perpetua or G years temporal unishable by afflictive 16 years penalties unishable by correctional 1G years
In computing the period for prescription, the first day is to be e!cluded and that last day included 5hen fine is an alternative penalty higher than the other penalty which is imprisonment Q the prescription is based on the fine
•
•
5hether it is prescription of crime or penalty, if the subect left the country, and went in a country with which the hilippines has no e!tradition treaty, the prescriptive period shall remain suspended whenever he is out of the country. PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion erpetua (fflictive enalties #orreccional enalties (rresto Hayor 8ight enalties
G years 16 years 1G years 6 years 1 year
D B5 t4e marria/e of t4e offended woman
In cases of rape, seduction, abduction or acts of lasciviousness. Bence, marriage contracted only to avoid criminal liability is devoid of legal effects.
•
CRIMINAL LIABILIT3 IS E'TINUIS&E( AS *%LL%WS+ 2 B5 $onditional "ardon
#onditional pardon delivered and accepted is considered a contract between the sovereign power of the 9!ecutive and the convict that the former will release the latter upon compliance with the condition.
•
PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion erpetua (fflictive enalties #orreccional enalties (rresto Hayor 8ight enalties
G years 16 years 1G years 6 years 1 year
6 B5 $ommutation of t4e 1enten$e •
It is a change in the decision of the #ourt made by the #hief 9!ecutive by reducing the degree of the penalty inflicted upon the conflict, or by decreasing the length of the imprisonment or the amount of the fine.
INSTANCES W&ERE C%MMUTATI%N IS APPLIE(+
1. 5hen the convict sentenced to death is over EG years of age. 2. 5hen 1G ustices of the Supreme #ourt fail to reach a decision for the affirmation of the death penalty
8 *or /ood $ondu$t allowan$e1 w4i$4 t4e $ul"rit ma5 earn w4ile 4e i1 1er!in/ 1enten$e
•
This includes the allowance for loyalty under (rticle => in relation to (rticle 16>.
> #5 "arole
(ISTINCTI%N BETWEEN C%N(ITI%NAL PAR(%N AN( PAR%LE C%N(ITI%NAL PAR(%N
PAR%LE
- may be given at anytime after final udgment - granted by the #hief 9!ecutive under the provisions of the (dministrative #ode
- may be given after the prisoner has served the minimum penalty - granted by the 2oard of ardons and arole under the provision of the Indeterminate Sentence 8aw - for violation of the terms of the parole, the convict cannot be prosecuted under (rt. 16=. Be can be rearrested and reincarcerated to serve the unserved portion of his original penalty
- for violation of the conditional pardon, the convict may be ordered rearrested or reincarnated by the #hief 9!ecutive or may be prosecuted under (rt. 16= of the #ode
%BLIATI%NS %* T&E PERS%N RANTE( C%N(ITI%NAL PAR(%N
1* Be must comply strictly with the conditions imposed on the pardon. * @ailure to comply with the conditions shall result in the revocation of the pardon. $* Be becomes liable under (rt. 16=. This is the <udicial remedy.
Title ? CIVIL LIABILIT3 Arti$le 6, New Ci!il Code +NCC.
/9very person who, contrary, to law, willfully or negligently causes damage to another shall indemnify the latter for the same. 22D2, NCC
/#ivil obligations arising from criminal offenses shall be governed by the penal laws, subect to the provisions of (rticle 1EE, and of the pertinent provisions of #hapter , reliminary Title, on Buman 3elations and Title FMIII of this book, regulating damages+ •
•
•
The basis of civil liability is the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law. If the felony committed could not or did not cause any damage to another, the offender is not civilly liable even if he is criminally liable for the felony committed. 9!tinction of the penal action does not carry with it e!tinction of the civil liability, unless the e!tinction proceeds from a declaration in a final udgment that the fact, from which the civil liability might arise did not e!ist.
CIVIL LIABILIT3 MA3 E'IST, ALT&%U& T&E CRIMINALL3 LIABLE, IN T&E *%LL%WIN CASES:
ACCUSE(
IS
N%T
&EL(
1. A$9uittal on REAS%NABLE (%UBT Q when the guilt of the offender has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 2. A$9uittal from A CAUSE %* N%N-IMPUTABILIT3 Q the e!emption from criminal liability in favor of an imbecile insane person, etc. 3. ACUITTAL IN T&E CRIMINAL ACTI%N *%R NELIENCE does not preclude the offended party from filing a civil action to recover damages, based on the new theory that the act is a 'uasi-delict. 4. W&ERE T&ERE IS %NL3 CIVIL RESP%NSIBILIT3 Q when the #ourt finds and so states in its udgment that there is only civil responsibility, and not criminal responsibility, and that this finding is the cause of the ac'uittal. 5. IN CASES %* IN(EPEN(ENT CIVIL ACTI%NS under (rticle $1, $, $$, $%, and 11DE of ##.
•
• •
•
If the property is in the hands of a third personJparty, the same shall nevertheless be taken from him and restored to the offended party, even though such third party may be a holder for value and a buyer in good faith of the property, e!cept when such third party buys the property from a public sale where the law protects the buyer. 3estitution is applicable only to crimes against property. The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after udgment became final, the heirs shall assume the burden of the civil liability, but this is only to the e!tent that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations. The right of the offended party transcends to heirs upon death. The heirs of the offended party step into the shoes of the latter to demand civil liability form the offender.
6 REPARATI%N •
5hen the stolen property cannot be returned because it was sold to an unknown person, he will be re'uired by the #ourt if found guilty to pay the actual price of the thing plus its sentimental value.
8 IN(EMNI*ICATI%N *%R C%NSEUENTIAL (AMAES
1. It is ordinarily the remedy granted to the victims of crimes against persons . Indemnification of conse'uential damages refers to the loss of earnings, loss of profits. This does not refer only to the conse'uential damages suffered by the offended part, this also includes conse'uential damages to third party who also suffers because of the commission of the crime. SUBSI(IAR3 LIABILIT3 Re9ui1ite1:
o
1. The employer must be engaged in business or in trade or industry while the accused was his employee. . (t the time the crime was committed the employer-employee relationship must be e!isting between the two" $. The employee must have been found guilty of the crime charged and accordingly held civilly liable" and %. the writ of e!ecution for the satisfaction of the civil liability was returned unsatisfied because the accused-employee does not have enough property to pay the civil liability. all the re'uisites must concur o there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee, it is enough that the writ of e!ecution is returned unsatisfied SUBSI(IAR3 CIVIL LIABILIT3 IS IMP%SE( IN T&E *%LL%WIN+
1. In case of a felony committed under the compulsion of an irresistible force. The person who employed the irresistible force is subsidiarily liable. . In case of a felony committed under an impulse of an e'ual or greater inury. The person who generated such an impulse is subsidiarily liable. $. The owners of taverns, inns, hotels, motels, where the crime is committed within their establishment die to non-compliance with general police regulations, if the offender who is primarily liable cannot pay the proprietor, or owner is subsidiarily liable. %. @elonies committed by employers, pupils, servants, in the course of their employment, schooling or household chores. The employer, master, teacher is subsidiarily liable civilly, while the offender is primarily liable. 5. In case the accomplice and the principal cannot pay, the liability of the person
years
Pri1ion Ma5or, a#1olute di19ualifi$atio n and 1"e$ial tem"orar5 di19ualifi$atio n Pri1ion Corre$$ional, 1u1"en1ion and de1tierro
@rom D years and 1 day to 1 years
Arre1to Ma5or
@rom 1 month and 1 day to D months
Arre1to Menor
@rom 1 to $G days
@rom D months and 1 day to D years
day to 1% months years and > and 1 day months to 1E years @rom D @rom > years and 1 years and day to > 1 day to years 1G years
day to G years
@rom D months and 1 day to years and % months
@rom % years months and 1 day to D years
@rom years, % months and 1 day to % years and months @rom 1 @rom month and months 1 day to and 1 day months to % months @rom 1 to @rom 11 1G days to G days
@rom 1G years and 1 day to 1 years
@rom % months 1 day to D months
@rom 1 to $G days
REPUBLIC ACT N% 8>D J An A$t Pro4i#itin/ t4e Im"o1ition of (eat4 Penalt5 in t4e P4ili""ine1 J in lieu of the death penalty, the following shall be imposed) re$lu1ion "er"etua Q 3evised enal #ode life im"ri1onment Q Special 8aws not eli/i#le for "arole under t4e Indeterminate Senten$e Law + persons
convicted of offenses punished by reclusion perpetua, or whose sentence will be reduced to reclusion perpetua %n A"ril 6, 6D, loria Arro5o 1i/ned into law Re"u#li$ A$t 8>> ot4erwi1e <nown a1 7UVENILE 7USTICE and WEL*ARE ACT %* 6DF T4e law #e$ame effe$ti!e on Ma5 62, 6D
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt from criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a crime, he is not e!empt from criminal liability unless it is shown that he acted with discernment. Bowever, should the minor above fifteen but below eighteen be found guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation. Condition1 for 1u1"en1ion of 1enten$e of minor:
1. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty. . The minor should not have been given the benefit of suspension of sentence before. $. The age of the minor at the time of the promulgation of udgment must be below eighteen )1>*, even though at the time of the commission of the crime, he was over nine )=* and below fifteen )16* years of age. %. If the offender is above fifteen )16*, but below eighteen )1>*, there is no e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one )1* degree lower and in the proper periods subect to rules in (rt. D%.
Ri/4t1 of t4e $4ild in $onfli$t wit4 t4e law:
1. right against torture or other cruel, inhuman or degrading treatment or punishment" . right against imposition of the capital punishment or life imprisonment, without the possibility of release $. 3ight against deprivation of liberty" detention or imprisonment as last resort, and shall be for the shortest appropriate period of time" %. ot to be detained together with adult offenders" 6. to maintain contact with family" D. access to legal and other appropriate assistance" E. right to challenge legality of detention and to a prompt decision on such action >. right to bail and recogniance =. to be a witness in his behalf under the rule on e!amination of a child witness 1G. right to have his privacy respected fully at all stages of the proceedings 11. right to diversion if 'ualified or voluntarily avails of the same 1. right to be imposed a udgment under the principle of restorative ustice 1$. right to the imposition of fine as a matter of discretion 1%. right to automatic suspension of sentence 16. right to probation, if 'ualified 1D. right to be free from liability for perury, concealment or misrepresentation 1E. other rights as provided by e!isting laws, rules and regulations Minimum A/e of Criminal Re1"on1i#ilit5 2? 5)o or #elow at t4e time of t4e $ommi11ion of t4e offen1e 14all #e E'EMPT from $riminal lia#ilit5, but will be subected to the intervention program. A#o!e 2? #ut #elow 2 5)o 14all #e E'EMPT from $riminal lia#ilit5 and #e 1u#;e$ted to an inter!ention "ro/ram, UNLESS 4e 4a1 a$ted wit4 di1$ernment ,
in which case he shall be subected to the appropriate proceedings under this (ct, -doe1 not in$lude e0em"tion from $i!il lia#ilit5
2&&P T5& TITLE %NE
CRIMES AAINST NATI%NAL SECURIT3 AN( T&E LAW %* NATI%NS Art 22>: TREAS%N •
1. . $.
ELEMENTS:
that the offender is a @ilipino citien or an alien residing in the hilippines" that there is a war in which the hilippines is involved" that the offender either a. levies war against the government, or b. adheres to the enemies, giving them aid and comfort
TREAS%N (E*INE(+
a breach of allegiance to a government, committed by a person who owes allegiance to it. It is a violation by the subect of his allegiance to his sovereign or to the supreme authority of the State. E% >> amended Art22> in t4at "rior to t4i1 order, onl5 *ili"ino $itien1 are 4eld lia#le for trea1on. Under E% >>, re1ident alien1 ma5 now #e 4eld lia#le for Trea1on . -
Allegiance is the obligation of fidelity and obedience which the individuals owe
Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started.
-
Treason is punished by the State as a measure of self defense and self preservation. The law of Treason is an emergency measure.
-
Two mode1 of $ommittin/ Trea1on: 2
Le!5in/ war a/ain1t t4e /o!ernment
8evying war re'uires the concurrence of+ a. (n actual assembling of men" b. The purpose of which is to e!ecute a treasonable design by force. The levying of war must be with the intent to overthrow the government and not merely to resist a particular statute or to repel a particular officer. The levying of war must be in collaboration with a foreign enemy, otherwise the offender shall be held liable for 3ebellion and not for Treason. -
6
Ad4erin/ to t4e enemie1 of t4e P4il, /i!in/ t4em aid or $omfort -
Ad4eren$e and /i!in/ aid or $omfort to t4e enem5 mu1t $on$ur .
(dherence to the enemy presupposes an intent to betray. -
-
-
-
-
-
-
-
-
(id or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy. The defendant’s act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy. 9!tent of aid and comfort should be manifested by some overt or physical acts and not merely one which is mental. (s a general rule, to be treasonous, the e!tent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies’ hostile designs. The act committed need not actually strengthen the enemy. It is not the degree of success but rather the aim for which the act was perpetrated, that determines the commission of treason. The aid and comfort given to the enemies must be after the declaration of war. The enemies must be subect of a foreign power. There is no treason thru negligence because the overt act of giving aid or comfort to the enemy must be intentional. Treason by @ilipino citien may be committed outside the hilippines, but treason by an alien must be committed within the hilippines. Treason is a continuous crime. (ll overt acts committed by the accused constitute a single offense. roof of one count is sufficient for conviction.
6nd "ara/ra"4+ Treason cannot be proved by circumstantial evidence or by the e!traudicial confession of the accused KK Wa51 of "ro!in/ trea1on +
2.
Confe11ion of t4e a$$u1ed in o"en $ourt
(E*ENSES:
1. 2.
Cefense of obedience to de facto government Cefense of duress or uncontrollable fear.
Art22?: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT TREAS%N: •
PENALT3:
a. -
rision Hayor and a fine not e!ceeding 1G,GGG b. proposal to commit treason+ rision correccional and a fine not e!ceeding 6,GGG
-
•
conspiracy to commit treason+
&%W C%NSPIRAC3 AN( PR%P%SAL ARE C%MMITTE(:
a.
b.
#onspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. roposal to commit treason is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort, proposes its e!ecution to another person.
?? The twowitness rule does not apply to this crime because this is a separate and distinct offense from treason.
Art 22D: MISPRISI%N %* TREAS%N •
1. 2. 3.
ELEMENTS:
that the offender must be owing allegiance to the 4overnment and N%T a foreigner" that he has knowledge or any conspiracy )to commit treason* against the 4overnment" and That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides.
KK T4i1 $rime i1 an e0$e"tion to t4e rule t4at mere 1ilen$e doe1 not ma<e a "er1on $riminall5 lia#le
Art 22G: ESPI%NAE •
PENALT3:
rision correccional •
ESPI%NAE is the offense of gathering, transmitting, or losing information
respecting the national defense with intent or reason to believe that the information
Intent to obtain information by the offender is critical. •
ELEMENTS+
a. that the offender enters any of the places mentioned therein b. that he has no authority therefore c. that has purpose is to obtain information, plans, photos etc. of a confidential nature relative to the defense of the hilippines
2.
•
By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 0 9Art. 001 which he had in his possession by reason of the public office he holds. ELEMENTS:
a. that the offender is a public officer b. that he has in his possession the articles, data or information by reason of the public office he holds c. That he discloses their contents to a representative of a foreign nation.
C%MM%NWEALT& ACT D2D AN ACT T% PUNIS& ESPI%NAE AN( %T&ER %**ENSES AAINST NATI%NAL SECURIT3 •
ACTS PUNIS&ABLE UN(ER CA D2D:
a.
unlawfully obtaining or permitting to be obtained information affecting national defense b. unlawful disclosing of information affecting national defense c. disloyal acts or words in time of peace d. disloyal acts or words in time of war e. conspiracy to violate preceding sections f. harboring or concealing violators of the law •
ESPI%NAE AN( TREAS%N (ISTINUIS&E(: -
-
espionage as a crime is not conditioned by the citienship of the offender and may be committed in time of war or in time of peace treason may only be committed in time of war and is only limited in two ways of committing the crime
SECTI%N TW%: PR%V%IN WAR AN( (ISL%3ALT3 IN CASE %* WAR
Art 22: INCITIN T% WAR %R IVIN M%TIVES *%R REPRISALS •
1. . •
PENALT3:
3eclusion temporal Q if offender is a public officer or employee rision mayor Q if offender is a private individual ELEMENTS:
1. That the offender performs unlawful or unauthoried acts . That such acts provoke or give occasion for a war involving or liable to involve the hilippines or e!pose @ilipino citiens to reprisals on their persons or property. The crime of inciting to war or giving motives for reprisals is committed IN TIME %*
•
ELEMENTS:
1. that there is a war in which the hilippines is N%T involved . that there is a regulation issued by competent authority for the purpose of enforcing neutrality $. that the offender violates such regulation •
NEUTRALIT3 (E*INE(: -
( nation or power which takes no part in a contest of arms going on between others is referred to as NEUTRAL
Art 26: C%RRESP%N(ENCE WIT& &%STILE C%UNTR3 •
1. . $.
ELEMENTS:
that there is a war wherein the hilippines is involved the offender makes correspondence with the enemy country or territory occupied by enemy troops that the correspondence is either+ a. b. c.
•
prohibited by the government, or carried on in ciphers or conventional signs containing notice or information which might be useful to the enemy
C%RRRESP%N(ENCE (E*INE(: -
It is the communication by means of letters" or it may refer to the letters which pass between those who have friendly or business relations.
9ven if correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable. •
UALI*3IN CIRCUMSTANCES: -
a. b.
the following must concur+
that the notice or information might be useful to the enemy that the offender intended to aid the enemy
If the offender intended to aid the enemy by giving such information, the crime amounts to treason" hence, both have the same penalty
Art 262: *LI&T T% ENEM3HS C%UNTR3 •
ELEMENTS:
1. 2. $. %.
that there is a war in which the hilippines is involved that the offender must be owing allegiance to the government that the offender attempts to flee or go to enemy country that going to the enemy country is prohibited by competent authority
(n alien resident may be guilty of flight to enemy country because the allegiance contemplated under this article may be temporary or permanent. Here attempt to flee or go to enemy country consummates the crime @leeing or going to enemy country must be prohibited by competent authority, otherwise no crime is committed.
Art 266: PIRAC3 IN ENERAL AN( MUTIN3 %N T&E &I& SEAS %R IN P&IL WATERS •
PIRAC3 (E*INE(+ it is the robbery or forcible depredation in the high seas or in
hilippine 5ater without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. •
1.
2.
•
TW% M%(ES %* PIRAC3:
by attacking or seiing a vessel on the high seas by seiing the whole or part of the cargo or e'uipment of the vessel, while on the high seas, %R the personal belongings of its complement or passengers, the offenders not being the members of the complement or passengers ELEMENTS:
1. that a vessel is on high seas . that the offenders are strangers to the vessel" meaning, they are not members of the complement or passengers of the vessel 3. that the offenders+ )a* attack that vessel, %R )b* seie the whole or part of the cargo of said vessel, its e'uipment, or the personal belongings of its complement or passengers if the offenders who seied the vessel by /violence or intimidation0, or /force upon things0 are members of the crew or passengers, piracy is N%T committed but robbery in the high seas. •
MUTIN3 IN T&E &I& SEAS: -
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-
2
it is the )a* unlawful resistance to a superior officer, &3 )b* the raising of commotion and disturbances on board a ship against the authority of its commander, while the ship is on the high seas. Cistinguished from piracy, offenders in piracy are strangers to the vessels and with intent to gain. H&=H +A+- refer to any waters on the seacoasts, which are without the boundaries of the low-water mark, although such waters may be the urisdictional limits of a foreign government. %# @;6 "uni14e1 t4e a$t of AI(IN or ABETTIN PIRAC3
REUISITES: 2 N%WINL3:
a. b. c.
aids or protects pirates ac'uires or receives property taken by such pirates, or in any manner derives any benefit therefrom
2. (ire$tl5 or indire$tl5 a#et1 t4e $ommi11ion of "ira$5 Art 268: UALI*IE( PIRAC3 •
1. 2. 3.
SPECIAL UALI*3IN CIRCUMSTANCES:
Seiure of the vessel by boarding or firing upon the same. (bandonment of victims without means of saving themselves #rime is accompanied by Hurder, Bomicide, hysical Inuries, or 3ape
ualified Pira$5 i1 a 1"e$ial $om"le0 $rime (ny of said crimes that accompany the commission of piracy becomes an element of 'ualified piracy.
RA D68? ANTI-AIRCRA*T PIRAC3 %R &I7ACIN LAW %* 2G2 •
1. 2. $. %.
ACTS PUNIS&E(:
;surping or seiing control of aircraft of Philippine registry , while it is in flight, compelling the pilots thereof to change the course or destination. ;surping or seiing control of an aircraft of foreign registry, while within hilippine territory, compelling the pilots thereof to land in any part of hilippines territory. #arrying or loading on board an aircraft operating as a public utility passenger aircraft in the hilippines, flammable, corrosive, e!plosive or poisonous substances" and 8oading, shipping, or transporting on board a cargo aircraft operating as a public utility in the hilippines, flammable, corrosive, or poisonous substances, I@ not done in accordance with the rules and regulations of the (ir Transportation &ffice.
AIRCRA*T IS IN *LI&TF Q from the moment all e!terior doors are closed following
embarkation, until such time when any of such doors are again opened for embarkation.
Title 6 CRIMES AAINST T&E *UN(AMENTAL LAWS %* T&E STATE +ARTS 26>-288.
Art 26>: ARBITRAR3 (ETENTI%N •
Element1:
1. . $.
That the offender is a public officer or employee That he detains a person That the detention is without legal grounds.
LEAL R%UN(S *%R T&E (ETENTI%N %R PERS%NS:
1. The commission of a crime 2. Miolent insanity or other ailment re'uiring compulsory confinement of the patient in a hospital.
Art 26?: (ELA3 IN T&E (ELIVER3 %* (ETAINE( PERS%NS T% T&E PR%PER 7U(ICIAL AUT&%RITIES •
ELEMENTS:
1. That the offender is a public officer or employee . That he has detained a person for some legal ground )n.b. warrantless arrest* $. That he fails to deliver such person to the proper udicial authorities within the prescribed period. 1 hours Q light penalties or their e'uivalent. 1> hours Q correctional penalties or their e'uivalent $D hours Q afflictive penalties or their e'uivalent S4all fail to deli!er to "ro"er aut4oritie1F - does N%T mean physical delivery, but the making of an accusation or charge, or filing
of an information against the person arrested, with the corresponding court or udge. REUEST *%R PRELIMINAR3 INVESTIATI%N+ The person so arrested without a
warrant may re'uest for a preliminary investigation, but he must sign a waiver of (rt. 1D.
1. 2.
If the offender is a private individual, then the crime is #llegal detention In illegal detention, the detention is legal from the beginning, but becomes illegal after a certain period of time because the offended party is not delivered to the proper udicial authority within the period specified.
Art 26D: (ELA3IN RELEASE •
1.
2. 3.
ELEMENTS:
that the offender is a public officer or employee that )a* there is a udicial or e!ecutive order for the release of a prisoner or detention prisoner, %R )b* that there is a proceeding upon a petition for the liberation of such person that the offender without good reason )a* delays the service of the notice of such order to the prisoner, %R )b* the performance of such udicial or e!ecutive order for the release of the prisoner, or the proceedings upon a petition for the release of such person
Art 26G: E'PULSI%N •
ELEMENTS:
1. that the offender is a public officer or employee . that he+ a. e!pels any person from the hilippines, )illegal deportation* &3 b. compels a person to change his residence $. that the offender is not authoried by law to do so
•
AUT&%RIE( B3 LAW: 2 T% (EP%RT: -
&nly resident of the hilippines is authoried to deport aliens under the 3(#, Sec. D= with )1* investigation by the Ceportation 2oard and )* recommendation of such 2oard to the resident
6 T% C%MPEL C&ANE %* RESI(ENCE:
-&nly the #ourt by a final udgment can order a person to change his residence
Art 26: VI%LATI%N %* (%MICILE •
PUNIS&ABLE ACTS:
1. ENTERIN any dwelling against the will of the owner. The essence of the offense is the breaching of the e!press or implied opposition of prohibition of the owner. ( mere entry without consent will not constitute this crime. 2. SEARC&IN papers or other effects found therein without the previous consent of such owner. 3. RE*USIN to leave the premises+ )a* after having surreptitiously entered said dwelling (C, )b* after having re'uired to leave the same. T&E ESSENCE of t4e offen1e i1 t4e refu1al to lea!e, and not t4e entran$e wit4out $on1ent •
C%MM%N ELEMENTS:
. if any papers or effects not constituting evidence of a crime are not returned immediately, after a search is made by the offender.
Art 26: SEARC& WARRANTS MALICI%USL3 %BTAINE( AN( ABUSE IN T&E SERVICE %* T&%SE LEALL3 %BTAINE( •
PUNIS&ABLE ACTS:
1. 2 PR%CURIN a search warrant without ust cause" or 2. though having procured the same with ust cause+ a. b.
•
2 E'CEE(IN his authority &3, 2 USIN INNECESSAR3 SEVERIT3 in e!ecuting this search warrant legally procured
SEARC& WARRANT (E*INE(: -
it is an order in writing, issued in the name of the people of the hilippines, signed by a udge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court.
Art 28: SEARC&IN (%MICILE WIT&%UT WITNESSES •
ELEMENTS:
1. that the offender is a public officer or employee . that he searches the domicile, papers, or other belongings of any person 3. That the owner or any member of his family, or two witnesses residing in the same locality are not present.
Art 282: PR%&IBITI%N, INTERRUPTI%N AN( (ISS%LUTI%N %* PEACE*UL MEETINS •
ELEMENTS:
1. that the offender is a public officer or employee . that he does any of the following prohibited acts+
a.
Prohibiting or interrupting the holding of a peaceful meeting, or dissolving the same, without legal ground"
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there is no legal ground to /prohibit0 the meeting, when the danger is not imminent and the evil to be prevented is not a serious one. hindering any person from oining any lawful association or from attending any of its meetings" prohibiting or hindering any person from addressing , either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances
b.
c.
KK T4e offender mu1t #e a 1tran/er and not a "arti$i"ant t4ereto ot4erwi1e t4e $rime $ommitted would #e un;u1t !e0ation KK T4e interru"tion of a "ea$eful meetin/ of a muni$i"al $oun$il #5 a "u#li$ offi$er i1 a $rime a/ain1t a le/i1lati!e #od5 and not "uni14ed under t4i1 Arti$le
Art 286: INTERRUPTI%N %* RELII%US W%RS&IP
Art 288: %**EN(IN RELII%US *EELINS •
ELEMENTS:
1.
that the acts complained of were performed )a* in a place devoted to religious worship )not necessarily during a religious worship*, %R )b* during the celebration of any religious ceremony )not necessarily in he place of worship*" 2. That the acts must be notoriously offensive to the feelings of the faithful. TITLE III
CRIMES AAINST PUBLIC %R(ER C4a"ter I
Art 28>:Re#ellion, Cou" dHetat, Sedition, and (i1lo5alt5 Re#ellion or In1urre$tion Re#ellion Q the obect of the movement is to overthrow and supersede the e!isting
government. In1urre$tion Q it refers to a movement which seeks merely to effect some change of
minor importance, or to prevent the e!ercise of governmental authority with respect to particular matters or subects. •
ELEMENTS:
1. That there be+ a. public uprising" and b. taking arms against the government . That the purpose of the uprising or movement is either a. to remove from the allegiance to said 4overnment or its laws 1* the territory of the hilippines or any part thereof" or * any body of land, naval or other armed forces" or b. To deprive the #hief 9!ecutive or congress, wholly or partially, of any of their powers and prerogatives. •
(ctual clash of arms with the forces of the 4overnment is not necessary" it is sufficient that the purpose of the uprising must be shown although it was not accomplished.
•
Re#ellion ! Trea1on
3ebellion always involves taking up arms against the government, giving aid and comfort is not criminal in rebellion" Treason may be committed by mere adherence to the enemy giving them aid or comfort. •
Re#ellion ! Su#!er1ion
Subversion is a crime against national security" 3ebellion is a crime against public order. •
8evying war against the government during peacetime for any of the purposes mentioned in (rt. 1$% )#oup d’etat* is 3ebellion.
C%UP (HETAT &ow $ommitted: •
It is a swift attack
belonging to the military or police, or holding any public office or employment 5ith or without civilian support or participation, @or the purpose of+ seiing or diminishing state power. -
• •
Art 28?: Penalt5 for Re#ellion, In1urre$tion or Cou" dHetat W4o are Lia#le: A T4e leader1:
1. (ny person who )a* promotes )b* maintains, or )c* heads a rebellion or insurrection. . (ny person who )a* leads, )b* directs, or )c* commands others to undertake coup d’etat" B T4e "arti$i"ant1:
1. (ny person who )a* participates or )b* e!ecutes the commands of others in rebellion, insurrection or coup d’etat" . (ny person not in the government service who )a* participates, )b* supports, )c* finances, )d* abets or )e* aids in undertaking a coup d’etat. •
•
ublic officer must take active part, to be liable" mere silence or omission is not punishable in rebellion. 5hen rebellion, insurrection or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others spoke for them, signed receipts and other documents issue in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d:etat.
•
3ebellion cannot be comple!ed with other common crimes on the occasion thereof, either as a means to its commission or as an intended effect of an activity that constitutes rebellion.
Art 28D: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT C%UP (HETAT, REBELLI%N %R INSURRECTI%N
1. There is Con1"ira$5 when+ 2. two or more persons come to an agreement to commit coup d’etat or rebellion as the case may be, and Cecide to commit it. There is Pro"o1al when+ 1. There is a person was decided to commit the crime of coup d’etat or rebellion as the case may be, and 2. roposes its e!ecution to some other person. • This is an instance where the law punishes preparatory acts.
Art 28G: (ISL%3ALT3 %* PUBLIC %**ICERS AN( EMPL%3EES A$t1 of di1lo5altie1 w4i$4 are "uni14ed:
1. @ailing to resist a rebellion by all the means in their power" or . #ontinuing to discharge the duties of their offices under the control of the rebels" or $. (ccepting appointment to office under them.
• •
This act presupposes the presence of rebellion by other persons. The offender must not be in conspiracy with the rebels. &therwise, his crime is the same as that of his co-conspirators.
3ebellion should not be committed.
•
Art28: SE(ITI%N ELEMENTS:
•
1. That the offenders rise )a* publicly and )b* tumultuously" . That they employ force, intimidation or other means outside of the legal methods" $. That the offenders employ any of those means to attain any of the following obects+ a. To prevent the promulgation or e!ecution of any law or the holding of any popular election" b. To prevent the ational 4overnment, or any provincial or municipal government, or any public officer therefrom from freely e!ercising its or his functions, or prevent the e!ecution of any administrative order" c. To inflict any act of hate or revenge upon the person or property of any public officer or employee" d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class" and e. To despoil, for any political or social end, any person, municipality or province, or the ational 4overnment of all its property or any part thereof. • •
ublic ;prising and an obect of sedition must concur. #ommon crimes are not absorbed in sedition.
Trea1on ! Sedition Trea1on is the violation by a subect of his allegiance to his sovereign, Sedition is the raising of commotion or disturbances in the state. •
Per1on1 Lia#le:
1. The leader of the sedition . &ther persons participating in the sedition
Art 2>2: C%NSPIRAC3 T% C%MMIT SE(ITI%N •
&nly conspiracy to commit sedition is punishable, and not proposal to commit sedition.
Art 2>6: INCITIN T% SE(ITI%N Puni14a#le A$t1:
1. Inciting others to the accomplishment of any of the acts of sedition, by means of speeches, proclamations, writings, emblems, etc. • The essence is the inciting of the people to rise publicly and tumultuously. It is the use of words, emblemsUetc. and not the performance of the act of sedition, which is punished in inciting to sedition. . ;ttering seditious words or speeches which tend to disturb the public peace. $. 5riting, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities, which tend to disturb the public peace. (ctual disturbance or disorder is N%T necessary to inciting to sedition. • Inciting to sedition to accomplish any of its obects" Element1: 1. That the offender does N%T take direct part in the crime of sedition. 2. That he incites others to the accomplishment of any of the act which constitutes sedition. $. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end. •
•
Utterin/ 1editiou1 word1 or 1"ee$4e1 and writin/ and "u#li14in/ or $ir$ulatin/ 1$urrilou1 li#el1 are "uni14a#le J w4en:
1. They tend to disturb or obstruct any lawful officer in e!ecuting the functions of his office.
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The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. 6 T4e (an/erou1 Tenden$5 Rule
- There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the 4overnment and obedient to the laws.
C&APTER II CRIMES AAINST P%PULAR REPRESENTATI%N
Art 2>8: ACTS TEN(IN T% PREVENT T&E MEETIN %* T&E ASSEMBL3 AN( SIMILAR B%(IES Element1:
1. That there be a. a proected meeting or actual meeting, b. of the ational (ssembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board. . That the offender who may be any person PREVENTS such meeting by force or fraud.
Art 2>>: (ISTURBANCE %* PR%CEE(INS Element1:
1. That there be a meeting of the #ongress or any of its committees or subcommittees, #onstitutional #ommissions or committees, or any provincial board or city or municipal council or board. . That the offender does any of the following acts+ a. Be disturbs any of such meetings b. Be behaves while in the presence of any such bodies, in such a manner as to interrupt its proceedings or to impair the respect due it. •
&ne who disturbs the proceedings of the #ongress, may also be punished for contempt by the #ongress.
Art 2>?: Violation %* PARLIAMENTAR3 IMMUNIT3 Puni14a#le A$t1:
1. ;sing force, intimidation, threats, or fraud to prevent any member of #ongress from" a. (ttending any meetings of the #ongress or any of its committees or subcommittees, #onstitutional #ommissions or committees or divisions" or b. 9!pressing his opinions" or c. #asting his vote . (rresting or searching any member while the #ongress is in regular session or special session, e!cept in case such member has committed a crime punishable under the #ode by a penalty of rision Hayor or higher. C4a"ter III ILLEAL ASSEMBLIES *orm1 of ille/al A11em#l5:
1. (ny meeting attended by armed persons for the purpose of committing any of the crimes punishable under the #ode.
•
•
•
ersons merely present at the meeting must have a common intent to commit the felony of illegal assembly. It is necessary that the audience is actually incited. If in the meeting the audience is incited the commission of rebellion or sedition, the crimes committed are ILLEAL ASSEMBL3 as regards to the organiers or leaders or persons merely present" I#ITI4 T% REBELLI%N or SE(ITI%N insofar as the one inciting them in concerned. If any person carries an unlicensed firearm, it is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the 3# and he is considered a leader or organier of the meeting.
Art 2>G: ILLEAL ASS%CIATI%NS Pro4i#ited A11o$iation1:
1. (ssociation totally or partially organied for the purpose of committing any of the crimes punishable under the #ode. . (ssociation totally or partially organied for some purpose contrary to public morals. Per1on1 Lia#le:
1. @ounders, directors and president of the association. . Hembers of the association
Art 2>: (IRECT ASSAULTS ind1:
1. Simple (ssault . ?ualified (ssault 6 Wa51 to Commit:
1. 5ithout public uprising, by employing force or intimidation for the attainment of any purposes enumerated in defining the crimes of sedition and rebellion. &ffended party need not be a person in authority or his agent, they may be a private individual. . 5ithout public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority of any of his agents, while engaged in the performance of official duties, or on the occasion of such performance. (ire$t A11ault i1 ualified w4en:
1. #ommitted with a weapon . offender is a public officer or employee $. &ffender lays hands upon a person in authority • •
(dditional penalty for attacking an ambassador or minister )3( E6* Pnowledge of the accused that the victim is a person in authority or his agent is essential" must have the intent to defy the authorities.
Art 2>: Indire$t ASSAULT Element1:
1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in (rt. 1%>. . That a person comes to the aid of such authority or his agent. $. That the offender makes use of force or intimidation upon such person coming to the aid of the authority of his agent. • •
#an be committed only when a direct assault is also committed &ffended party may be a private person" any person who comes to the aid of a person in authority of his agent.
Art 2?: (IS%BE(IENCE T% SUMM%NS ISSUE( B3 T&E NATI%NAL ASSEMBL3, ITS C%MMITTEES %R SUBC%MMITTEES, B3 T&E C%NSTITUTI%NAL C%MMISSI%N,
$. 3efusing 3efusing to answer answer any any legal in'uiry in'uiry or or to produce produce any books, books, papers, papers, document documents, s, or records in his possession, when re'uired by them to do so in the e!ercise of their functions. %. 3estraining 3estraining another another from attendin attending g as a witness in in such legislative legislative or constitu constitutional tional body. 6. Indu Inducin cing g disob disobed edie ienc nce e to summon summons s or refusal refusal to be sworn sworn by any any such such body or official.
Art 2?2: RESISTANCE AN( (IS%BE(IENCE T% A PERS%N IN AUT&%RIT3 %* T&E AENTS %* SUC& PERS%N Element1 of Re1i1tan$e and Seriou1 (i1o#edien$e:
1. That a person person in authorit authority y or his agent agent is engaged engaged in in the performan performance ce of official official duty duty or gives a lawful order to the offender. . That the offender offender resists resists or serious seriously ly disobeys disobeys such such person in authorit authority y or his agent. agent. $. That the the act of the offend offender er is not includ included ed in the provis provision ions s of 1%> Q 16G ) Cirect Cirect assault, Indirect assault, and Cisobedience to summonsU, respectively* Element1 of Sim"le (i1o#edien$e:
1. That an agent agent of person person in authority authority is engaged engaged in the performan performance ce of official official duty duty or gives a lawful order to the offender. . That the offender offender disobeys disobeys such agent agent of a person person in authority authority.. $. That such such disobedienc disobedience e is not of a serious serious nature. •
•
The crime consists consists of the failure to comply with the direct orders issued issued by the authorities in the e!ercise of official duties. Cistinction+
The person person in authority authority or his agent must be engaged engaged in the (ire$t (ire$t A11ault A11ault:: The performance of official duties of that he is assaulted by reason thereof. Re1i1tan$e: ersons in authority or his agent must be in actual performance of duties there is is force force employed employed.. (ire$t A11ault: That there serious, as there is no manifest manifest intention to defy the Re1i1tan$e+ ;se of force is not so serious,
law and officers enforcing it.
•
Per1on in aut4orit5
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•
A/ent of "er1on in aut4orit5
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•
(ny person directly vested with urisdiction, whether as an individual or as a member of some court or government owned or controlled corporation, board or commission.
any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay councilman, barangay policeman, barangay leader officers and members of the 2arangay #ommunity 2rigades, and any person who comes to the aid of persons in authority. 2arangay captain and barangay chairs are also deemed as persons in authority.
Per1on1 in aut4orit5 in$lude:
1. . $. %. 6. D.
Hunici Huni cipa pall mayo mayorr Civisi Civision on super superint inten endent dent of schoo schools ls ublic ublic and privat private e schoo schooll teach teachers ers Teac Teache her" r" nurs nurse e resid resident ent of Sanitary Sanitary divisi division on rov rovin inci cial al fis fisca call
Puni14a#le a$t1:
1. #ausing #ausing any serious serious disturb disturbance ance in public place, place, office office or establis establishment hment.. . Interrupting Interrupting or disturb disturbing ing public public performances performances,, functions functions or gatherings, gatherings, or or peaceful peaceful meetings, if the act is not included in 1$1-1$ $. Haking an outcry outcry tending tending to incite incite rebellion rebellion or sedition sedition in any meeting, meeting, associatio association, n, or public place. %. Cisplaying Cisplaying placards placards or emblem emblems s which provoke provoke a disturbance disturbance of public public order order in such place. 6. 2urying 2urying with pomp pomp the body body of a person person who has has been legally legally e!ecuted. e!ecuted. •
•
•
Serious disturbance must be planned or intended. subversive or provocative provocative words tending to stir up the people to %UTCR3 - to shout subversive obtain by means of force or violence any of the obects of rebellion or sedition. If TUMULTU%US, crime is 'ualified.
Art 2?>: UN UNLA LAW*U W*UL L US USE E %* MEANS MEANS %* PUBLI PUBLICA CATI% TI%N N AN( AN( UN UNLA LAW* W*UL UL UTTERANCES Puni14a#le a$t1:
1. ublishing ublishing or causing causing to be publishe published, d, by means of printing, printing, lithography lithography or or any other means of publication, as news, any false news which may endanger the public order, or to cause damage to the interest or credit of the State. . 9ncouraging 9ncouraging disobedi disobedience ence to to the law or to the constit constituted uted authoritie authorities s or by praising, praising, ustifying ustifying or e!tolling e!tolling any act punished punished by law, by the same means or by words, utterances or speeches. $. Haliciously Haliciously publish publishing ing or causing causing to be publishe published d any official official resolution resolution or document document without authority, or before they have been published officially. %. rin rinti ting ng,, publ publis ishi hing ng or dist distur urbi bing ng )or )or caus causin ing g the the same same** book books, s, pamp pamphl hlet ets, s, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. • •
(ctual public disorder or actual damage to the credit of the State is not necessary. &ffender must know that the news is false
Art 2??: ALARMS AN( SCAN(ALS Puni14a#le A$t1@
1. Cischar Cischargin ging g any firearm, firearm, rocket, rocket, firecrack firecracker, er, or other other e!plosiv e!plosive e within within any town town or public place calculated to cause alarm or danger )should not be aimed at a person otherwise, shall be liable of (rt. 6%* . Inst Instiga igati ting ng or takin taking g an activ active e part part in any chariv charivari ari or other other disorde disorderl rly y meet meetin ing g offensive to another or preudicial to public tran'uility. $. Cisturbing Cisturbing the the public peace peace while while wandering wandering about about at night night or while engaged in any other nocturnal amusements. %. #ausing #ausing any disturbance disturbance or or scandal in in public places places while while into!icated into!icated or otherwise otherwise,, provided 16$ is not applicable. •
•
•
The act act must must produce produce alarm alarm or or danger danger as a conse'uenc conse'uence. e. C&ARIVARI Q includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult. If the disturbance is of a serious nature, the case will fall under (rt. 16$.
Art 2?D: (ELIVERIN PRIS%NERS *R%M 7AIL Element1:
1. That there is is a person confined confined in a ail ail or penal establish establishment ment )detenti )detention on included* included* . That the offender offender removes removes such such person, person, or helps helps the escape escape of such person. person. •
The offender offender is usually usually an outsider. outsider.
$. That That he evades evades the servic service e of his his sent senten ence ce by esca escapi ping ng during during the term of his his sentence. )by reason of final udgment* Cir$um1tan$e1 9ualif5in/ t4e offen1e:
1. . $. %.
2y mean means s of of unla unlawf wful ul entr entry y 2y breaking breaking doors, windows, windows, gates, gates, walls, roofs or floors. floors. 2y using picklock picklocks, s, false keys, keys, disguise disguise,, deceit, deceit, violence, violence, or intimidatio intimidation n Through connivance connivance with with other convicts convicts or employee employees s of the penal penal institution. institution.
Art Art 2?: 2?: EVAS EVASI% I%N N %* SERV SERVIC ICE E %* SENT SENTEN ENCE CE %N T&E T&E %CCA %CCASI SI%N %N %* (IS%R(ERS, C%N*LARATI%N, EART&UAES %R %T&ER CALAMITIES Element1:
1. That the offender offender is a convict convict by final final udgment, udgment, and is is confined confined in a penal penal institution institution . That ther there e is diso disorde rderr result resulting ing from from++ a. #onf #onfla lagr grat atio ion n b. 9art arth'ua 'uake c. 9!plosion d. Simi Similar lar catast catastro roph phe e e. Hutiny Hutiny in which which he has has not not partic participat ipated ed $. That the offender offender evades evades the service service of his sentenc sentence e by leaving leaving the penal instituti institution on where he is confined, on the occasion of such disorder or during the mutiny. %. That the offender offender fails to give give himself himself up to the authorit authorities ies within within %> hours hours following following the issuance of a proclamation by the #hief 9!ecutive announcing the passing away of such calamity. • •
If the offender fails to give himself up, he gets an increased penalty. If the offender gives himself up, he is entitled to a deduction of his sentence.
Art 2?: %T&ER CASES %* EVASI%N %* SENTENCE +C%N(ITI%NAL PAR(%N. Element1:
1. That the offende offenderr was was a convi convict ct . That he was granted granted a conditional conditional pardon pardon by the #hief #hief 9!ecutiv 9!ecutive e $. That he he violated violated any of of the conditions conditions of such such pardon pardon •
• •
•
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Miolation of #onditional ardon is a distinct crime" #onditional ardon is a contract between the convict and the #hief 9!ecutive. #onditions e!tend to special laws &ffender must be found guilty of subse'uent offense before he can be prosecuted under (rt. 16= &ffender can be arrested and reincarcerated without trial Q in accordance with Sec. D% )1* of the 3(# Curation of the conditions subse'uent is limited to the remaining period of the sentence.
Art 2D: C%MMISSI%N %* AN%T&ER CRIME (URIN T&E SERVICE %* PENALT3 IMP%SE( *%R AN%T&ER PREVI%US %**ENSE +UASI-RECI(IVISM. UASI-RECI(IVISM, defined
( special aggravating circumstance where a person after having been convicted by final udgment, udgment, shall commit commit a new felony before beginnin beginning g to serve such sentence, sentence, or while while serving the same. Element1:
1. That the the offender offender was already convicted convicted by by final final udgment udgment . That he committ committed ed a new felony felony before before beginn beginning ing to serve such such sentenc sentence e or while while
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#annot be offset by ordinary mitigating circumstances.
W4o $an #e PAR(%NE(:
1. (t the age of EG if he shall have already served out his original sentence ) N%T A &ABITUAL CRIMINAL*" or . 5hen he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency TITLE IV CRIMES AAINST PUBLIC INTEREST
ART 2D2: C%UNTER*EITIN T&E REAT SEAL %* T&E %VERNMENT, T&E SINATURE, %R T&E STAMP %* T&E C&IE* E'ECUTIVE Puni14a#le A$t1:
1. @orging the 4reat Seal of the 4overnment of the hilippines . @orging the signature of the resident $. @orging the stamp of the resident
Art 2D6: USIN *%RE( SINATURE %R C%UNTER*EIT SEAL %R STAMP Element1:
1. That the 4reat Seal of the 3epublic was counterfeited or the signature or stamp of the #hief 9!ecutive was forged by another person. . That the offender knew of the counterfeiting or forgery. $. That he used the counterfeit seal or forged signature or stamp. •
The offender should not be the forger
Art 2D8: MAIN AN( IMP%RTIN AN( UTTERIN *ALSE C%INS Element1:
1. That there be false or counterfeited coins . That the offender either made, imported or uttered such coins $. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers •
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#oin is *ALSE or C%UNTER*EITE(, if it is forged or if it is not authoried by the 4overnment as legal tender, regardless of its intrinsic value. To UTTER is to pass counterfeit coins, includes delivery or the act of giving them away. @ormer coins withdrawn from circulation may be counterfeited. #oins of foreign country not included.
Art 2D>: MUTILATI%N %* C%INS, IMP%RTATI%N AN( UTTERANCE %* MUTILATE( C%INS Puni14a#le A$t1:
1. Hutilating coins of the legal currency, with the further re'uirement that there be intent to damage or to defraud another. . Importing or uttering such mutilated coins, with the further re'uirement that there must be connivance with the mutilator or importer in case of uttering. •
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Hutilation of foreign currency not included. MUTILATI%N Q to take off part of the metal either by filling it or substituting it for another metal of inferior 'uality.
a. ossession b. 5ith intent to utter c. Pnowledge . (ctually uttering such false or mutilated coin, knowing the same to be false or mutilated Element1:
a. (ctually uttering b. Pnowledge • •
Coes not re'uire legal tender (ccused must have knowledge of the fact that the coin is false
Art 2DD: *%RIN TREASUR3 %R BAN N%TES %R %T&ER (%CUMENTS PA3ABLE T% T&E BEARER@ IMP%RTIN AN( UTTERIN SUC& *ALSE %R *%RE( N%TES AN( (%CUMENTS Puni14a#le A$t1:
1. @orging or falsification of treasury or bank notes or other documents payable to bearer . Importation of such false or forged obligations or notes $. ;ttering of such false or forged obligations or notes in connivance with the forgers or importers. Note1 and ot4er %#li/ation1 and Se$uritie1 t4at ma5 #e for/ed or fal1ified under 2DD:
1. Treasury or bank notes . #ertificates $. &ther obligations and securities, payable to bearer.
Art 2DG: C%UNTER*EITIN, IMP%RTIN AN( UTTERIN INSTRUMENTS N%T PA3ABLE T% BEARER Element1:
1. That there be an instrument payable to order or other such document of credit not payable to bearer . That the offender either forged, imported or uttered such instrument $. That in case of uttering, he connived with the forger or importer.
Art 2D: ILLEAL P%SSESSI%N AN( USE %* *ALSE TREASUR3 %R BAN N%TES AN( %T&ER INSTRUMENTS %* CRE(IT Element1:
1. That any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another person. . That the offender knows that any of those instruments is forged or falsified. $. That he performs any of these acts+ a. ;sing any of such forged or falsified instruments b. ossession with intent to use of any of such forged or falsified instruments. &ow *or/er5 i1 $ommitted:
1. 2y giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document. . 2y erasing, substituting, counterfeiting or altering by means the figures, letters, words, or sign contained therein. $. @orgery includes falsification and counterfeiting •
The accused must e!ert effort to make it appear like a genuine document.
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b. instrument authoried by a notary public or a competent public official with the solemnities re'uired by law. 2. %ffi$ial do$ument J issued by a public official in the e!ercise of the functions of his office" also a public document. 3. Commer$ial do$ument Q defined and regulated by the #ode of #ommerce or other #ommercial 8aw. 4. Pri!ate do$ument Q a deed or instrument e!ecuted by a private person without the intervention of a notary public or other person legally authoried, by which document, some disposition or agreement is proved, evidenced or set forth. Importance of #lassification+ 1. In private documents, criminal liability will not arise unless there is damage caused to third person. Here falsity will not bring about criminal liability. . In public or commercial documents, criminal liability can arise although no third person suffered damage.
Art 2G: *ALSI*ICATI%N %* LEISLATIVE (%CUMENTS Element1:
1. That there be a bill, resolution or ordinance enacted or approved or pending approval by the ational (ssembly or any provincial board or municipal council . That the offender alters the same $. That he has no proper authority %. That the alteration has changed the meaning of the document. •
*%RER3 as used in (rt. 1D= refers to the alteration, substitution or counterfeiting
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of words, letters, signatures of treasury notes or bank notes or any instrument payable to bearer or to order. Haking it appear like a genuine instrument. *ALSI*ICATI%N is the commission of any of the acts mentioned in (rt. 1E1 on legislative, public or official, commercial, or private documents. The bill, resolution, ordinanceU must be ENUINE
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Art 2G2: *ALSI*ICATI%N B3 PUBLIC %**ICER, EMPL%3EE@ %R N%TAR3 %R ECCLESIASTICAL MINISTER Element1:
1. That the offender is public officer, employee or notary public . That he takes advantage of his official position+ )re'uisites* a. Be has a duty to make or prepare or otherwise intervene in the preparation of the document b. Be has official custody of the document which he falsifies. . That he falsifies a document by committing any of the following acts+ a. #ounterfeiting or imitating any handwriting, signature or rubric b. #ausing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. c. (ttributing to persons who have participated in an actor proceeding statements other than those in fact made them. d. Haking untruthful statements in a narration of facts. e. (ltering true dates. f. Haking any alteration or intercalation in a genuine document which changes its meaning. g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original copy e!ists, or including in such copy to, or different from that of the genuine original. h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book. • 4enuine document in pars. f,g,h is necessary. • @alsification may be committed by simulating or fabricating a document. • In case the offender is an ecclesiastical minister, the act of falsification is
Art2G6: *ALSI*ICATI%NS B3 PRIVATE IN(IVI(UALS USE %* *ALSI*IE( (%CUMETS PUNIS&ABLE ACTS: 1. *al1ifi$ation of "u#li$ , offi$ial, indi!idual •
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$ommer$ial do$ument #5 a "ri!ate
ossessor of a falsified document is presumed to be the author of the falsification. Camage or intent to cause the damage is not necessary in (rt.1E par.1
. *al1ifi$ation of "ri!ate do$ument #5 an5 "er1on • The offender must have counterfeited the false document and he must have performed an independent act which operates to the preudice of a third person. U1e of a fal1ified do$ument 0. #n a ;udicial proceeding -
as evidence, with knowledge of falsity
2. #n any other transaction
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5ith knowledge of falsity, caused or with intent to cause damage to another.
*ALSI*ICATI%N a1 a mean1 to $ommit ESTA*A
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5hen committed on a document through any of the acts of falsification enumerated in (rt. 1E1 as a necessary means to commit another crime, the two crimes form a C%MPLE' CRIME
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2ut the document falsified as a necessary means to commit another crime must be PUBLIC, %**ICIAL or C%MMERCIAL. If one makes use of a private document, which re'uires another independent act independent of the falsification, which he falsified, to defraud another, there results only one crime Q *ALSI*ICATI%N %* A PRIVATE (%CUMENT
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If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender the crime is Q ESTA*A WIT& ABUSE %* C%N*I(ENCE
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If the estafa was already consummated at the time of the falsification of the private document, or that the falsification was committed for the purpose of concealing the estafa, the falsification is not punishable because there was no damage or intent to cause damage with regard to the falsification.
Art 2G8: *ALSI*ICATI%N %* WIRELESS, CABLE, TELERAP& AN( TELEP&%NE MESSAES, AN( USE %* SAI( *ALSI*IE( MESSAES Puni14a#le A$t1:
1. . $.
;ttering fictitious wireless, telegraph or telephone message. @alsifying wireless, telegraph or telephone message. ;sing such falsified message.
U1in/ fi$titiou1 me11a/e or fal1if5in/ t4e 1ameF Element1:
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That the offender is an officer or employee of the 4overnment or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. That the offender commits any of the following acts+ a. ;ttering fictitious wireless, cable, telegraph or telephone message" or b. @alsifying wireless, cable, telegraph, or telephone message. The public officer, to be liable, must be engaged in the service of sending or receiving wireless cable, telegraph or telephone message.
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rivate individuals cannot be a principal by direct participation in falsification of telegraphic dispatches under (rt. 1E$ (ct. o. 1>61, Sec. %, punishes private individuals who forge or alter telegram.
Art 2G>: *ALSI*ICATI%N %* ME(ICAL CERTI*ICATES, *ALSE CERTI*ICATES %* MERIT %R SERVICE, ETC CERTI*ICATE Q is any writing by which testimony is given that a fact has or has not
taken place. PERS%NS LAIBLE *%R *ALSI*ICATI%N %* CERTI*ICATES:
1.
hysician or surgeon who, in connection with the practice of his profession, issued a false certificate. +IT MUST RE*ER T% T&E ILLNESS %R IN7UR3 %* A PERS%N. •
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The name of the crime is *ALSE ME(ICAL CERTI*ICATE by a physician.
ublic officer who issued a false certificate of merit or service, good conduct or similar circumstances. The name of the crime is *ALSE CERTI*ICATE %* MERIT %R SERVICE by a public officer. rivate individual who falsified a certificate falling in the classes mentioned in nos. 1 and . The crime is *ALSE ME(ICAL CERTI*ICATE by a private individual or *ALSE CERTI*ICATE %* MERIT %R SERVICE by a private individual.
Art 2G?: USIN *ALSE CERTI*ICATES Element1:
1.
That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person has falsified any of said certificates.
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That the offender knew that the certificate was false.
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That he used the same.
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5hen any of the false certificates mentioned in (rt. 1E% is used in the udicial proceeding, (rt. 1E does not apply, because the use pf false document in udicial proceeding under (rt. 1E is limited to those false documents embraced in (rt. 1E1 and 1E.
Art
2GD:
MANU*ACTURIN IMPLEMENTS *%R *ALSI*ICATI%N
AN(
P%SSESSI%N
%*
INSTRUMENT
%R
A$t1 "uni14a#le:
1. Haking or introducing into the hilippines any stamps, dies, marks, or other instruments or implements for counterfeiting of falsification. . ossessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the hilippines by another person. TITLE SI' %* B%% TW%, RPC CRIMES AAINST PUBLIC M%RALS +Art1 2?-66.
)1* (ny person who, in any manner, directly or indirectly takes part in any illegal or unauthoried activities or games of1. cockfighting, ueteng, ai-alai or horse racing to include bookie operations and game fi!ing, numbers, bingo and other forms of lotteries" . cara y cru or pompiang and the like" $. E-11 and any game using dice" %. black ack, lucky nine, poker and its derivatives, mote, baccarat, cuao, pangguingue and other card games" 6. pak 'ue, high and low, mahong, domino, and other games using plastic tiles and the like" D. slot machines, roullete, pinball and other mechanical contraptions and devices" E. dog racing, boat racing, car racing, and other forms of races" >. basketball, bo!ing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fi!ing, point shaving and other machinations" =. banking or percentage game, or any other game or scheme, whether upon chance or scheme, wherein wagers consisting of money, articles of value or representative of value are at stake or made. )* (ny person who knowingly permits any form of gambling, os. )1 to =*, to be carried on in an inhabited or uninhabited place, or in any building, vessel or other means of transportation owned or controlled by him. )b* The penalty of prision correccional in its ma!imum period and a fine of si! thousand pesos shall be imposed upon+ )1* any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is fre'uently carried on therein, or in a public or government building or barangay hall" )* the maintainer or conductor of the gambling schemes. )ote+ 2anker is not mentioned in the decree.* )c* The penalty of prision mayor in its medium period with temporary absolute dis'ualification or a fine of D,GGG shall be imposed if the maintainer, conductor or banker of the gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, udge or coach in case of game fi!ing, point shaving and other machination. )d* The penalty of prision correccional in its medium period or a fine ranging from %GG to ,GGG shall be imposed upon any person who knowingly and without lawful purpose in any hour of any day possesses any lottery list, paper, or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of ueteng, ai-alai or horse racing bookies and similar games of lotteries and numbers which have taken place or about to take place. am#lin/ is a game or scheme the result of which depends wholly or chiefly è upon chance or haard. Pla5in/ of monte for mone5 i1 not a ne$e11ar5 element );.S. vs. 3afael, $ hil. 1>%*. A /ame or 1$4eme i1 "uni14a#le even if the winning depends upon skill, Vwhen wagers consisting of money, articles or value or representative of value are at stake or made.V C4a"ter III %**ENSES AAINST (ECENC3 AN( %%( CUST%MS
Art 6: ra!e S$andal #onsists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. Element1:
1. That the offender performs an act or acts. . That such act or acts be highly scandalous as offending against decency and good customs. $. That the highly scandalous conduct is not e!pressly falling within any other
a. If in public place, there is criminal liability irrespective of whether the immoral act was in open public view" b. If in private place, public view is re'uired. ublic view does not re'uire numerous persons. 9ven if there was only one person who witnessed the offensive act for as long as the third person was not an intruder, grave scandal is committed provided the acts do not fall under any other crime in the 3#.
Art 62: Immoral (o$trine1, %#1$ene Pu#li$ation1 and E04i#ition1, and Inde$ent S4ow1 +A1 amended #5 P( D. Per1on1 lia#le:
1. Those who shall publicly e!pound or proclaim doctrines openly and contrary to public morals" . The authors of obscene literature, published with their knowledge in any form" the editors publishing such literature" and the ownersJoperators of the establishment selling the same" $. Those who, in theaters, fairs, cinematographs or any other place, e!hibit indecent or immoral plays, scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which+ a. 4lorify criminals or condone crimes b. Serve no other purpose but to satisfy the market for violence, lust or pornography c. &ffend any race or religion d. Tend to abet traffic in the use of prohibited drugs and e. (re contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts" Those who shall sell, give away, or e!hibit films, prints, engravings, 4. sculptures, or literature, which are offensive to morals. Te1t of %#1$enit5+ 5hether or not the material charged as obscene has the tendency
to deprave and corrupt the minds of those open to the influence, or into whose hands such material may come to )Pottinger 3ule*. 5here such obscenity is made publicly, criminal liability arises. It is more on the effect upon the viewer and not alone on the conduct of the performer.
Art 66: Va/rant1 and Pro1titute1 Per1on1 lia#le:
1. (ny person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling" . (ny person found loitering about public or semipublic buildings or places, or tramping or wandering about the country or the streets without visible means of support" $. (ny idle or dissolute person who lodges in houses of ill-fame" ruffians or pimps and those who habitually associate with prostitutes" %. (ny person who, not being included in the provisions of other articles of this #ode, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or ustifiable purpose" 6. rostitutes )women who, for money or profit, habitually indulge in se!ual intercourse or lascivious conduct*. rostitution is a term applicable also to a man if he engages in the same conduct+ se! for money does not constitute prostitution but vagrancy. The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose. The law punishes the act involved here as a stepping stone to the commission of other crimes. 5ithout this article, law enforcers would have no way of checking a person loitering in the wrong place at the wrong time.
Re9ui1ite1:
&ne must be1. Taking part in the performance of public functions in the 4overnment or performing in said 4overnment or in any of its branches public duties as an employee, agent or subordinate official of any rank or class. . That his authority to take part in the performance of public functions or to perform public duties must bea. 2y direct provision of law b. 2y popular election c. 2y appointment by competent authority ;nder the (nti-4raft and #orrupt ractices (ct )(4#(*, the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee, temporary or not, classified or not, contractual or otherwise. (ny person who receives compensation for services rendered is a public officer. C4a"ter II CRIMES %* MAL*EASANCE AN( MIS*EASANCE IN %**ICE
MIS*EASANCE- improper performance of some act which might lawfully be done MAL*EASANCE- the performance of some act which ought not to be done N%N*EASANCE- omission of some act which ought to be performed
Art 6>: nowin/l5 renderin/ un;u1t ;ud/ment Element1:
1. . $. %.
That the offender is a udge" That he renders a udgment in a case submitted to him for decision" That the udgment is unust" That the udge knows that his udgment is unust.
<udgment is a final consideration and determination of a court of competent urisdiction upon the matters submitted to it, in an action or proceeding. ( mere fact that the udge promised to the other party that he would decide the case against the complainant does not prove that the udgment is unust. It is possible that such udgment is supported by the facts and the law. The rule re'uires that udgment should be rendered by the udge with conscious and deliberate intent to do an inustice.
Art 6?: 7ud/ment rendered t4rou/4 ne/li/en$e Element1:
1. . $. %.
That the offender is a udge" That he renders a udgment in a case submitted to him for decision" That the udgment is manifestly unust" That it is due to his ine!cusable negligence or ignorance.
Art 6D: Un;u1t interlo$utor5 order Element1:
1. That the offender is a udge" . That he performs any of the following acts+ a. Pnowingly renders unust interlocutory order or decree" or b. Be renders a manifestly unust interlocutory order or decree through ine!cusable negligence or ignorance.
Art 6G: Mali$iou1 dela5 in t4e admini1tration of ;u1ti$e
Puni14a#le a$t1:
1. Haliciously refraining from instituting prosecution against violators of the law . Haliciously tolerating the commission of offenses Pre!ari$a$ion+ Cereliction of duty in the prosecution of offenses+ Element1:
1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. . That there is dereliction of the duties of his office" that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission. $. That the offender acts with malice and deliberate intent to favor the violator of the law. Per1on1 lia#le:
1. ublic officer . (n officer of the law •
revaricacion used to be a crime under the Spanish #odigo enal wherein a public officer, regardless of his duty, violates the oath of his office by not carrying out the duties of his office for which he was sworn to office thus amounting to dereliction of duty.
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The thrust of prevaricacion is the breach of the oath of office by the public officer who does an act in relation to his official duties.
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The crime committed by the law violator must be proved first. If the guilt of the lawviolator is not proved, the person charged with dereliction of duty under this article is not liable.
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2I3 officers, agents, or employees who, having knowledge or information of a violation of the Internal 3evenue 8aw, fail to report such knowledge or information to their superiors, shall be punished under that law, not under this provision.
Art 6: Betra5al of tru1t #5 an attorne5 or 1oli$itor Puni14a#le a$t1:
1. #ausing damage to his client, either+ a. 2y any malicious breach of professional duty" or b. Ine!cusable negligence or ignorance. -t4ere mu1t #e dama/e to t4e $lient
. 3evealing any of the secrets of his client learned by him in his professional capacity. -dama/e i1 not ne$e11ar5
$. ;ndertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of the said first client, or after having received confidential information from said client. -if t4ere i1 $on1ent, no $rime •
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V5ith a view to engaging-V disclosure here is already confidential )3evised 3ules on 9vidence*. The nominal liability under this article may be constituted either from breach of professional duties in the handling of the case or it may arise out of the confidential relation between the lawyer and the client. 2reach of professional duty- tardiness in the prosecution or the case for which reason the case was dismissed for being non-prosecuted" or tardiness on the part of the defense counsel leading to declaration of default and adverse udgment. 2reach of confidential relation- revealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. There is no need to prove that the client suffered damages. The mere breach of confidential relation is punishable.
(IRECT BRIBER3
Art 62: (ire$t #ri#er5 Puni14a#le a$t1:
1. (greeing to perform, or by performing, in consideration of any offer, promise, gift or presentan act constituting a crime, in connection with the performance of his official duties. . (ccepting a gift in consideration of the e!ecution of an act which does not constitute a crime, in connection with the performance of his official duty. $. (greeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.
ublic officer receives a gift There is an agreement between the public officer and the giver of the gift or present The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise
ualified #ri#er5- committed by public
IN(IRECT BRIBER3
ublic officer receives a gift ;sually no such agreement
ot necessary that the officer would do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office
officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher. •
@or purposes of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer.
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The gift may be received by the public officer himself or through a third person.
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The gift or present must be capable of pecuniary estimation.
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The crime of direct bribery may be committed only in the attempted and consummated stages, because in frustrated felony, the offender must have performed all the acts of e!ecution which would produce the felony as a conse'uence.
In (ire$t #ri#er5, $on1ider w4et4er t4e offi$ial a$t w4i$4 t4e "u#li$ offi$er a/reed to do i1 a $rime or not:
1. If it will amount to a crime, it is not necessary that the corruptor should deliver the consideration on the doing of the act. . If it is not a crime, the consideration must be delivered by the corruptor before a public officer can be prosecuted for bribery. •
2ribery refers to the act of the receiver and the act of the giver is #orruption of ublic &fficial.
Art 622: Indire$t #ri#er5 Element1:
1. That the offender is a public officer. . That he accepts gifts. $. That the said gifts are offered to him by reason of his office. -o attempted or frustrated stage
Art 626: Corru"tion of "u#li$ offi$ial1 Element1:
1. That the offender makes offers or promises or gives gifts or presents to a public officer.
with regard to furnishing supplies, the making of contracts, or the adustment or settlement of accounts relating to public property or funds. . Cemanding, directly or indirectly, the payment of sums different from or larger that those authoried by law, in the collection of ta!es, licenses, fees, and other imposts. $. @ailing voluntarily to issue a receipt as provided by law, for any sum of money collected by him officially, in the collection of ta!es, licenses, fees, and other imposts. %. #ollecting or receiving, directly or indirectly, by way of payment or otherwise, things or obects of a nature different from that provided by law, in the collection of ta!es, licenses, fees, and other imposts. Element1 of fraud1 a/ain1t "u#li$ trea1ur5 +"ar 2.:
1. That the offender be a public officer. . That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. $. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to )1* furnishing supplies )* the making of contracts, or )$* the adustment or settlement of accounts relating to public property or funds. %. That the accused had intent to defraud the 4overnment. •
#rime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the 4overnment.
Element1 of ille/al e0a$tion1:
1. The offender is a public officer entrusted with the collection of ta!es, licenses, fees, and other imposts. . Be commits any of the following acts+ a. Cemanding, directly or indirectly, the payment of sums different from or larger that those authoried by law" b. @ailing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially" or c. #ollecting or receiving, directly or indirectly, by way of payment or otherwise, things or obects of a nature different from that provided by law. • Here demand for larger or different amount is sufficient to consummate the crime. • 5hen there is deceit in demanding greater fees than those prescribed, the crime is +TA9A and ('T &=A $A"T&'(. • &fficers or employees of the 2ureau of Internal 3evenue or 2ureau of #ustoms not covered by this article. The ational Internal 3evenue #ode or the (dministrative #ode applies. • The essence of the crime is not misappropriation of any of the amounts but the improper making of the collection which would preudice the accounting of collected amounts by the 4overnment. • @irst form+ shall demand an amount different from what the law provides payable to the 4overnment. • In this form, mere demand will consummate the crime, even if the ta!payer shall refuse to come across with the amount being demanded. That will not affect the consummation of the crime. Se$ond form+ Shall collect payment due the government without issuing an official receipt or receipt prescribed by law.
The act of receiving payment due the government without issuing a receipt will give rise to illegal e!action even though a provisional receipt has been issued. 5hat the law re'uires is a receipt in the form prescribed by law, which means official receipt. T4ird form: shall accept by way of payment due to the government that which is not in the form prescribed by law.
Art 62?: Pro4i#ited tran1a$tion1 Element1:
1. That the offender is an appointive public officer. . That he becomes interested, directly or indirectly, in any transaction of e!change or speculation. $. That the transaction takes place within the territory subect to his urisdiction. %. That he becomes interested in the transaction during his incumbency. •
It is sufficient under this article that the appointive officer has an interest in any transaction of e!change or speculation, such as, buying and selling stocks, commodities, land, etc., hoping to take advantage of an e!pected rise or fall in price.
Art 62D: Po11e11ion of "ro4i#ited intere1t #5 a "u#li$ offi$er Per1on1 lia#le:
1. ublic officer who, directly or indirectly, became interested in any contract or business which it was his official duty to intervene. . 9!perts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adudication of which they had acted. $. 4uardians and e!ecutors with respect to the property belonging to their wards or the estate. • • •
(ctual fraud is not necessary. Intervention must be by virtue of the public office held. #orrelate with (rt. MI Sec. 1% of the 1=>E #onstitution" (rt. MII Sec. 1$ and (rt. IF-( Sec. .
CRIMES CALLE( MALVERSATI%N %* PUBLIC *UN(S %R PR%PERT3 +Art1 62G662.
Art 62G: Mal!er1ation of "u#li$ fund1 or "ro"ert5 Puni14a#le A$t1:
1. (ppropriating public funds or property . Taking or misappropriating the same $. #onsenting or through abandonment or negligence, by permitting any other person to take such public funds or property %. 2eing otherwise guilty of the misappropriation or malversation of such funds or property Common element1:
1. That the offender is a public officer who has+ a. official custody of public funds or property or the duty to collect or receive funds due to the 4overnment b.the obligation to account for them to the 4overnment. . That he had the custody or control of funds or property by reason of the duties of his office. $. That those funds or property were public funds or property for which he was accountable. %. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them. Mal!er1ation ma5 #e $ommitted #5 "ri!ate indi!idual1 in t4e followin/ $a1e1:
1. Those in conspiracy with public officers guilty of malversation" . Those who are accessory or accomplice to a public officer"
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the office, which is the controlling factor in determining whether or not the accused is an accou%ntable public officer. ( public officer having only a 'ualified charge of government property without authority to part with physical possession of it, unless, upon order from his immediate superior, cannot be held liable for malversation. If the offender is not the one accountable but somebody else, the crime committed is theft. It will be 'ualified theft if there is abuse of confidence. 5hen private property is attached or seied by public authority and the public officer accountable therefor misappropriates the same, malversation is also committed. (ny overage or e!cess in the collection of an accountable public officer should not be e!tracted by him and it is commingled with the public funds. Halversation may be committed by abandonment or negligence. The measure of negligence is the standard of care commensurate with the occasion, and then endeavor to ascertain how far short of this standard falls the act or omission in 'uestion. 5hen an accountable public officer makes a wrong payment through honest mistake as to the law or to the facts concerning his duties, he is not liable for malversation. Be is only civilly liable. 8ack of criminal intent or good faith is a defense in malversation not committed through negligence. resumption of misappropriation- when a demand is made upon an accountable officer and he cannot produce the fund or property involved, there is prima facie presumption that he had converted the same to his own use. resumption arises only if at the time the demand to produce the public funds was made, the accountability of the accused is already determined and li'uidated. There can be presumption unless and until the amount of his accountability is already known.
Art 62: *ailure of a$$ounta#le offi$er to render a$$ount1 Element1:
1. That the offender is a public officer, whether in the service or separated therefrom. . That he must be an accountable officer for public funds or property. $. That he is re'uired by law or regulation to render accounts to the #ommission on (udit, or to a provincial auditor. %. That he fails to do so for a period of mos. (fter such accounts should be rendered. • Hisappropriation is not necessary. • Cemand for accounting is not necessary. It is sufficient that there is a law or regulation re'uiring him to render account.
Art 62: *ailure of a re1"on1i#le "u#li$ offi$er to render a$$ount1 #efore lea!in/ t4e $ountr5 Element1:
1. That the offender is a public officer. . That he must be an accountable public officer for public funds or property. $. That he unlawfully left )or be on the point of leaving* the hilippines without securing from the #ommission on (udit a certificate showing that his accounts have been finally settled. • The act of leaving the country must be unauthoried or not permitted by law. • 5hen an accountable officer leaves the country without first settling his accountability or otherwise securing a clearance from the #&( regarding such accountability, the implication is that he left the country because he has misappropriated the funds under his accountability.
Art 66: Ille/al u1e of "u#li$ fund1 or "ro"ert5 This crime is known as te$4ni$al mal!er1ation because the fund or property is already earmarked or appropriated for a certain public purpose.
MALVERSATI%N
ILLEAL USE
&ffenders are accountable public officers &ffenders in certain cases profit from the proceeds of the crime The public fund is to be applied to the personal use and benefit of the offender or of another person
&ffenders are accountable public officers &ffenders do not derive personal gain or profit The public fund or property is applied to another public use
Art 662: *ailure to ma<e deli!er5 of "u#li$ fund1 or "ro"ert5
unishable (cts+ 1. @ailing to make payment by a public officer who is under obligation to make such payment from 4overnment funds in
his possession. . 3efusing to make delivery by public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. )3efusal must be malicious*
Art 666: %ffi$er1 in$luded in t4e "ro!i1ion1 rivate individuals who may be liable under (rts. 1E-1+ 1. rivate individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property. . (dministrator or depository of funds or property, attached, seied, or deposited by public authority even if such property belongs to a private individual. Art 668: Conni!in/ wit4 or $on1entin/ to e!a1ion Element1:
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1. That the offender is a public officer. . That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final udgment. $. That such prisoner escaped from his custody. %. That he was in connivance with the prisoner in the latterWs escape. The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. 5hen a chief of police released a detention prisonerJs, because he could not file a complaint against them within the time fi!ed in (rt. 16, he is not guilty of infidelity in the custody of prisoners. There is real and actual evasion of service of a sentence when the custodian permits the prisoner to obtain a rela!ation of his imprisonment and to escape the punishment of being deprived of his liberty, thus making the penalty ineffectual, although the convict may not have fled. If the ail guard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner, the crime committed by him is delivering prisoners from ail. The crime can be committed also by a private person if the custody of the prisoner has been confided to a private person.
Art 66>: E!a1ion t4rou/4 ne/li/en$e Element1:
1. That the offender is a public officer. . That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final udgment. $. That such prisoner escapes through negligence. •
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5hat is punished under this is such a definite la!ity as all but amounts to deliberate non-performance of duty on the part of the guard. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete e!culpation.
Art 66?: E1$a"e of "ri1oner under t4e $u1tod5 of a "er1on not a "u#li$ offi$er Element1:
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This article does not apply the principle in conspiracy that Vthe act of one is the act of all.V If the offender is not the custodian of the prisoner, he is guilty of the crime of delivering prisoners from ail.
Art 66D: Remo!al, $on$ealment, or de1tru$tion of do$ument1 Element1:
1. That the offender be a public officer. . That he abstracts, destroys or conceals a document or papers. $. That the said document or papers should have been entrusted to such public officer by reason of his office. %. That damage, whether serious or not, to a third party or to the public interest should have been caused. Remo!al mu1t #e for illi$it "ur"o1e wit4 t4e intention eit4er to:
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a. tamper with it b. profit by it c. #ommit an act constituting a breach of trust in the official care thereof. If the officer was placed in possession of the document but it is not his duty to be the custodian thereof, this crime is not committed. 5ith respect to official documents, infidelity is committed by destroying the documents, or removing the document or concealing the document. Camage to public interest is necessary. Bowever, material damage is not necessary. The simple act of retaining the mail without forwarding the letters to their destination, even though without opening them or taking the moneys they contained, already constitutes infidelity on the part of the post office official.
Art 66G: %ffi$er #rea<in/ 1eal Element1:
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That the offender is a public officer. That he is charged with the custody of papers or property. That these papers or property are sealed by proper authority. That he breaks the seal or permits them to be broken.
5here documents are sealed by competent authorities, it is evident that the purpose thereof is to ensure their preservation. It is not re'uired that there be damage caused or that there be intent to cause damage.
Art 66: %"enin/ of $lo1ed do$ument1 Element1:
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That the offender is a public officer. That any closed papers, documents, or obects are entrusted to his custody. That he opens or permits to be opened said closed papers, documents or obects. That he does not have proper authority.
Art 66: Re!elation of 1e$ret1 #5 an offi$er Puni14a#le A$t1:
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1. 3evealing any secrets known to the offending public officer by reason of his official capacity. . Celivering wrongful papers or copies of papers of which he may have charge and which should not be published. This article does not include the revelation of secrets of the State to belligerent nation, because such acts are already defined and punished as espionage in (rt. 11E or #( o. D1D. Camage is an element of an offense.
Art 68: Pu#li$ offi$er re!ealin/ 1e$ret1 of "ri!ate indi!idual Element1:
1. That the offender is a public officer. . That he knows of the secrets of a private individual by reason of his office
. That there is a udgment, decision or order of a superior authority. $. That such udgment, decision or order was made within the scope of the urisdiction of the superior authority and issued with all the legal formalities. 4. That the offender without any legal ustification openly refuses to e!ecute the said udgment, decision or order, which he is duty bound to obey. Art 686: (i1o#edien$e to order of 1u"erior offi$er w4en 1aid order wa1 1u1"ended #5 inferior offi$er Element1:
1. That the offender is a public officer. . That an order is issued by his superior for e!ecution. $. That he has for any reason suspended the e!ecution of such order. %. That his superior disapproves the suspension of the e!ecution of the order. 6. That the offender disobeys his superior despite the disapproval of the suspension. •
The order of the superior must be legal" otherwise, this article is inapplicable.
Art 688: Refu1al of a11i1tan$e Element1:
1. That the offender is a public officer. . That a competent authority demands from the offender that he lend his cooperation towards the administration of ustice or other public service. $. That the offender fails to do so maliciously
Art 68>: Refu1al to di1$4ar/e ele$ti!e offi$e Element1:
1. That the offender is elected by popular election to a public office. . That he refuses to be sworn in or to discharge the duties of said office. $. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. • •
The refusal must be without legal motive. (rt. $% penalies refusal to discharge the duties of an elective office" refusal to discharge the duties of an appointive office is not covered by this article.
Art 68?: Maltreatment of "ri1oner1 Element:
1. That the offender is a public officer . That he has under his charge a prisoner or detention prisoner $. That he maltreats such prisoner in either of the following manners+ a. 2y overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either)1* )*
by the imposition of punishments not authoried by the regulations, or by inflicting such punishments )those authoried* in a cruel and humiliating manner" or b. 2y maltreating such prisoner to e!tort a confession or to obtain some information from the prisoner.
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The maltreatment )1* must relate to the correction or handling of the prisoner, or )* must be for the purpose of e!torting a confession or of obtaining some information from the prisoner. If the public officer is not the custodian of the prisoner and he manhandled the latter, the crime is physical inuries. If the maltreatment was done in order to e!tort confession thereof, the constitutional right of the prisoner is further violated. The penalty is 'ualified to the ne!t higher degree.
Art 68G- Prolon/in/ "erforman$e of dutie1 and "ower1 Element1:
1. That the offender is holding a public office. . That the period provided by law, regulations or special provisions for holding such office, has already e!pired. $. That he continues to e!ercise the duties and powers of such office.
Art 68: A#andonment of offi$e or "o1ition Element1:
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That the offender is a public officer. That he formally resigns from his position. That his resignation has not yet been accepted. That he abandons his office to the detriment of the public service.
Art 68: U1ur"ation of le/i1lati!e "ower1 Element1:
1. That the offender is an e!ecutive or udicial officer. . That he )a* makes general rules or regulations beyond the scope of his authority or )b* attempts to repeal a law or )c* suspends the e!ecution thereof.
Art 6>: U1ur"ation of e0e$uti!e fun$tion1 Element1:
1. That the offender is a udge. . That he )a* assumes a power pertaining to the e!ecutive authorities, or )b* obstructs the e!ecutive authorities in the lawful e!ercise of their powers.
Art 6>2: U1ur"ation of ;udi$ial fun$tion1 Element1:
1. That the offender is an officer of the e!ecutive branch of the 4overnment. . That he )a* assumes udicial powers, or )b* obstructs the e!ecution of any order or decision rendered by any udge within his urisdiction. The purpose of this article is to maintain the separation and independence of the $ departments of the government and to keep the $ branches within the legitimate confines of their respective urisdictions and the officers thereof within the scope of their lawful authority.
Art 6>6: (i1o#e5in/ re9ue1t for di19ualifi$ation Element1:
1. That the offender is a public officer. . That a proceeding is pending before such public officer. $. That there is a 'uestion brought before the proper authority regarding his urisdiction, which is not yet decided. %. That he has been lawfully re'uired to refrain from continuing the proceeding. 6. That he continues the proceeding.
Art 6>8: %rder1 or re9ue1t1 #5 e0e$uti!e offi$er1 to an5 ;udi$ial aut4orit5 Element1:
1. That the offender is an e!ecutive officer. . That he addresses any order or suggestion to any udicial authority. $. That the order or suggestion relates to any case or business coming within the e!clusive urisdiction of the courts of ustice.
Art 6>>: Unlawful a""ointment1 Element1:
1. That the offender is a public officer . That he nominates or appoints a person to a public office. $. That such person lacks the legal 'ualifications thereof %. That the offender knows that his nominee or appointee lacks the 'ualifications at the time he made the nomination or appointment.
Art 6>?: A#u1e1 a/ain1t $4a1tit5
$. 2y soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer Element1
1. That the offender is a public officer. . That he solicits or makes immoral or indecent advances to woman. $. That such woman must be+ a. interested in matters pending before the offender for decision, or with respect to which he is re'uired to submit a report to or consult with a superior officer" b. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrests" or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender •
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T4e e11en$e of t4e $rime i1 mere ma<in/ of immoral or inde$ent 1oli$itation or ad!an$e1 T4e $rime i1 al1o $ommitted if t4e woman i1 a "ri1oner and t4e offender i1 4er ;ail warden
TITLE CRIMES AAINST PERS%NS C4a"ter %ne (ESTRUCTI%N %* LI*E
Art 6>D: PARRICI(E Element1:
1. that a person is killed . that the deceased is killed by the accused $. that the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. • • •
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3elationship of the offender with the victim is the essential element. The child should not be less than $ days old, otherwise the crime is infanticide. 3elationship is essential element 1. &nly relatives by blood and in the direct line, e!cept the spouse, are considered in parricide. There is no parricide in the killing of brothers or sisters being merely collateral. . It must be a legitimate relationship e!cept for parent and child where relationship could either be legitimate or illegitimate. 3. 2y blood, e!cept for husband and wife, there is no parricide in the killing of the adopter of the adoptee or vice versa. #ases when a person committed a parricide but not imposed the severe penalty )reclusion perpetua to death*.
Parri$ide t4ou/4 ne/li/en$e +Art 8D?. Parri$ide #5 mi1ta<e +Art 6>.
Art 6>G: Parri$ide under e0$e"tional $ir$um1tan$e1 •
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In the killing of a spouse, there must be a valid subsisting marriage at the time of the killing. (lso the information should allege the fact of such marriage between accused and the victim. Harriage certificate is the best evidence, in the absence oral evidence of the fact of marriage may be considered by the trial court if such proof is not obected to. )eople v. Halabago Cec. 11=D* The fact of marriage is necessarily included in the information, failure to allege the
relationship is an element. Separate one information shall be information must be filed for parricide the prepared for all the conspirators. murder or homicide on the part of the nonrelative conspirator as the case may be. To conceal dishonor of the mother is not a To conceal mothers dishonor is mitigating circumstance. mitigating. 2. (EAT& or P451i$al In;urie1 Infli$ted Under E0$e"tional Cir$um1tan$e1 Element1:
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a* a legally married person or a parent surprises his spouse or his daughter, the latter under 1> years of age and living with him, in the act of committing se!ual intercourse with another" b* he or she kills any or both of them or inflicts upon any or both of them any serious physical inury in the act or immediately thereafter" and Be has not promoted of facilitated prostitution of his wife or c" daughter, or that he or she has not consented to the infidelity of the other spouse. (pplicable if the daughter is still single. Take note that the discovery, the escape, the pursuit and the killing must all form part of one continuous act. This (rticle does not define a crime but provides a privilege" the rationale for this is that the killing or inury was without sufficient intelligence because of the overwhelming passion. Cestierro is not a penalty because there is no criminal liability, it is simply provided for the protection of the accused against retaliation or vendetta. 5here mere physical inuries were inflicted there is no liability to speak of. ote that the killing must always be the direct by product of the accused rage, the same being continuous even though the killing took place at a latter time. 5here third persons were inured in the course of the firing by the accused of the paramour, the accused cannot be held liable as inflicting death under the e!ceptional circumstances is not murder. )eople v. (barca September 1=>E*
ISSUES to #e re1ol!ed:
1. 5as the surprising made while the intercourse is taking place, . 5as the killing made during that time or immediately thereafter.
Art 6>: Murder Element1:
1. ( person was killed" . The accused killed him" $. Pilling was accompanied by any of the 'ualifying circumstances mentioned in (rt. %>" %. Pilling is not parricide or infanticide. ualif5in/ Cir$um1tan$e1:
1. 5ith treachery, taking advantage of superior strength , with the aid of armed men, or employing means to weaken defense, or of means or persons to insure or afford impunity" . in consideration of price, reward, or promise"
3. 2y means of fire, poison, e!plosion, etc. 4. on occasion of any calamities enumerated in the preceding paragraph, or of an earth'uake, eruption of a volcano, destructive cyclone, or any other public calamity"
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5here the circumstances alleged in the information are not the circumstances proved in the trial, it is not murder because any of the 'ualifying circumstances in (rt. %> is an ingredient of murder and not merely 'ualifying circumstances.
3ules for the application of the circumstances which 'ualify the killing to murder+ 1. That murder will e!ist with only one of circumstances described in (rt. %>. a. 5hen more than one of said circumstances is present, the others must be considered as generic aggravating. . That when the other circumstances are absorbed or included in one 'ualifying circumstance, they cannot be considered as generic aggravating" $. That any of the 'ualifying circumstance under (rt. %> must be alleged in the information.
Art 6>: &omi$ide Element1:
1. a person was killed" . accused killed him without any ustifying circumstance" $. accused had intention to kill, which is presumed" and 4. Pilling was not attended by any of the 'ualifying circumstances of murder, or by that of parricide or infanticide. •
Intent to kill, conclusively presumed when death resulted, when the victim does not die, intent to kill becomes a specific criminal intent which must be established beyond reasonable doubt, otherwise the crime shall fall under physical inuries.
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9vidence of intent to kill is important only in attempted or frustrated homicide. It is a hornbook doctrine that an accused cannot be charged of an offense unless it is clearly charged in the complaint or information. ( person charged with homicide by stabbing cannot be convicted when the cause of death is drowning. )eople v. &rtega, <r., <uly 1==E*
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&ow 14ould 4omi$ide $ommitted wit4 t4e u1e of an unli$en1ed firearm #e dominated=
The crime should be homicide, aggravated by illegal possession of firearm, and not illegal possession of firearm, aggravated by homicide as ruled by the trial court as it is the former offense which aggravates the homicide under amendatory law. )eople v. #astillo, @eb. GGG* •
3( >=% amended C 1>DD, it now provides that if homicide or murder is committed with the use of an unlicensed firearm, such use of unlicensed firearm shall be considered as aggravating circumstance.
Art 6?2: (eat4 $au1ed in a tumultuou1 affra5 Element1:
1. there be several persons" . they did not compose groups organied for the common purpose of assaulting and attacking each other reciprocally" $. these several persons 'uarreled and assaulted one another in a confused and tumultuous manner" %. someone was killed in the course of the affray" 6. it cannot be ascertained who actually killed the deceased" and 6. erson or persons who inflicted serious physical inuries or who use violence can be identified.
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The /someone0 that is killed may be a participant in the affray or a mere passerby.
Art 6?6: P451i$al in;urie1 infli$ted in a tumultuou1 affra5 Element1:
1. there is tumultuous affray" . a participant or some participants thereof suffer serious physical inuries or physical inuries or less serious physical inuries only" $. person responsible thereof cannot be identified" and %. all who appear to have used violence upon offended party are known. •
Inured party must be one or some of the participants in the tumultuous affray. • &nly one who used violence is liable. • enalty is one degree lower than that for physical inury inflicted. • Slight inuries e!cluded.
Art 6?8: i!in/ A11i1tan$e to Sui$ide A$t Puni14a#le:
1. assisting another to commit suicide, whether same is consummated or not" . by lending his assistance to another to commit suicide to the e!tent of doing the killing himself. Eut4ana1ia- mercy killing
- the practice of painlessly putting to death a person suffering from some incurable disease. ot considered as lending assistance to suicide because the person killed does not want to die. ( doctor who resorts to mercy-killing of his patient may be liable for murder.
Art 6?>: (i1$4ar/e of firearm1 Element1:
1. &ffender discharges a firearm against or at another person" and 2. &ffender has no intention to kill that person. •
If there was no intent to kill and the person shot at was hit, the crime would be a comple! crime of illegal discharge of firearm with serious physical inuries. If the inury was slight, two crimes are committed, illegal discharge of firearm and slight physical inury.
Art 6??: Infanti$ide Element1:
1. a child was killed" . deceased child was less than $ days )E hrs.* of age" and 3. (ccused killed the child. •
#oncealing dishonor is not an element of infanticide but the same may mitigate liability only of the mother or maternal grandparents.
W4at i1 re9uired if t4e !i$tim i1 fetu1=
The fetus must already be viable" otherwise the crime is not infanticide but abortion. If the fetus had an intra-uterine life of less than seven months and it was destroyed within % hours after its complete separation from the womb, it is still abortion.
Art 6?D: Intentional A#ortion ACTS PUNIS&ABLE+
1. by using any violence upon a pregnant woman" . by acting but without using force, without the consent of the woman, ) by
$. as a result of such violence or by administering drugs or beverages, or any acts of the accused, foetus dies, either in the womb or after having been e!pelled therefrom. •
ote+ If foetus could sustain an independent life and is killed, it is infanticide" otherwise it is abortion.
Art 6?G: Unintentional A#ortion ELEMENTS+
1. there is pregnant woman" . violence is used upon such pregnant woman" $. violence is intentionally committed" and 4. (s a result of such violence fetus dies, either in the womb or after having been e!pelled therefrom. INTENTI%NAL
UNINTENTI%NAL
5ith or without violence Hay be by strangers or by the woman herself or the parents Stranger knows of the pregnancy of the woman
5ith violence )physical* 2y strangers only Stranger may not know the pregnancy
Art 6?: A#ortion "ra$ti$ed #5 t4e woman 4er1elf or #5 4er "arent1 ELEMENTS@
1. there is pregnant woman who suffered abortion" . abortion is intended" $. abortion is caused by+ a. the pregnant woman herself" b. any other person with her consent" c. (ny other person with her consent for the purpose of concealing her dishonor. If the same is sought to conceal dishonor, same may mitigate liability of the mother only.
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Art 6?: A#ortion "ra$ti$ed #5 a "451i$ian or midwife and di1"en1in/ of a#orti!e1 ELEMENTS:
1. there is a pregnant woman who suffered abortion" . abortion is intended" $. offender, who must be physician or midwife, caused or assists in causing abortion" 4. hysician or midwife takes advantage of hisJher scientific knowledge or skill. ELEMENTS WIT& RESPECT T% P&ARMACIST:
1. offender is a pharmacist" . no proper prescription from a physician" 3. &ffender dispenses any abortive. •
3( X %E= regulates sale dispensation and distribution of contraceptive drugs and devises. AB%RTI%N
@etus is still drawing life from its mother ;mbilical cord is not yet cut
IN*ANTICI(E
Mictim is already a person ;mbilical chord is cut and the infant is still alive The baby had an intra-uterine life of less The baby had an intra-uterine life of less than seven months and is killed within % than E months and it is killed after % hours hours
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The woman cannot commit unintentional abortion against herself, it is always intentional.
Art 6D: Re1"on1i#ilit5 of "arti$i"ant1 in a duel (UEL- formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on its side, who make selection of arms and fi! all other conditions of the fight. ACTS PUNIS&ABLE:
1. by killing one’s adversary in a duel" . by inflicting upon such adversary physical inuries" and $. by making a combat although no physical inuries have been inflicted. Per1onH1 Lia#le+
1. person who killed or inflicted physical inuries upon his adversary, or both combatants any other case as principals" 2. Seconds and accomplices.
Art 6D2: C4allen/in/ to a duel ACTS PUNIS&E(@
1. by challenging another to duel" . inciting another to give or accept a challenge to duel" 3. Scoffing or decrying another publicly for having refused to accept a challenge to fight in a duel. •
If one is moved by ill-feeling or hatred it is not challenging to duel.
Per1on1 Re1"on1i#le:
1. challenger . instigator •
( person who challenges another to a duel commits grave coercion. If killing occurs, it is homicide or murder as the case may be.
P&3SICAL IN7URIES
Art 6D6: Mutilation IN(S:
1. Intentionally mutilating another by depriving him, either totally or partially of some essential organ for reproduction" . Intentionally making other mutilation that is by looping or clipping off any part of the body of the offended party other than the essential organ for reproduction to deprive him of that part of the body. ELEMENTS:
1. that there be a castration, that is, mutilation of organs necessary for generation such as pen . is and ovarium" 3. That mutilation is caused purposely and deliberately, that is to deprive the offended party of some essential organ of reproduction. •
The common mistake is to associate this with reproductive organs only. Hutilation includes any part of the human body that is not susceptible to grow again. )Hayhem*
P&3SICAL IN7URIES
beyond $G days.
healing or treatment, incapacitated from work for less than $G days.
Ceformity is created upon the offended party, healing duration or period of treatment is disregarded. Ceformity" a* The inury brought about an ugliness upon the offended" b* Such ugliness would not disappear through natural healing process.
P451i$al In;urie1
or treatment, however if medical treatment e!ceeds = days it would 'ualify as 8ess Serious. This involves ill treatment where there is no sign of inury re'uiring medical treatment. Ill-treatment- is committed by inflicting of pain although there is no wound but the pain suffered gives rise to slight physical inuries.
Attem"ted or 4omi$ide)murder
fru1trated
The means employed is not capable Intent to kill is determined, of resulting to death. • BowY Cetermined by the means employed, an overt act to kill must be established and it cannot simply be manifested by oral threats.
RAPE +RA 8?8.
Art 6DD-A: Ra"e, W4en and &ow Committed 3ape is committed1. by a man who shall have carnal knowledge of a woman under any of the following circumstances+ a* Through force, threat or intimidation" b* 5hen the offended party is deprived of reason or otherwise unconscious" c* 2y means of fraudulent machination or grave abuse of authority" and d* 5hen the offended party is under twelve )1* years of age or is demented, even though none of the circumstances mentioned above is present. . 2y any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of se!ual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or obect, into genital or anal orifice of another person. A//ra!atin/)ualif5in/ Cir$um1tan$e1 in$rea1e1 "enalt5 to (EAT&
1. Mictim is under 1> and offender is the parent, ascendant, step-parent, and guardian, relative by consanguinity or affinity within the $ rd civil degree, or the common-law of the parent of the victim. . Mictim is under the custody of the police or military authorities or any law enforcement or penal institution. 3. 3ape is committed in full view of the spouse, parent, any of the children or other relatives within the $ rd civil degree. &T9+ <urisprudence used presence instead of full-view" therefore, hearing distance is possible, relation by affinity not included.
>. 5hen by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. =. 5hen the offender knew of the pregnancy of the offended party at the time of the commission of the crime. 1G. 5hen the offender knew of the mental disability, emotional disorder and or physical handicap of the offended party at the time of the commission of the crime. N%TE: T4e a#o!e 1tated $ir$um1tan$e1 mu1t #e alle/ed in t4e information to #e a""re$iated a1 1u$4 T4e Su"reme Court did not im"o1e deat4 on t4e followin/:
1. age of the victim was not alleged in the information" . relationship of the offender and offended not alleged though proved" $. minority and relationship not alleged" 4. 5here the accused was alleged as stepfather in the information but proved later that he is merely a common-law spouse of the parent of the offended. Pardon #5 t4e offended "art5=
The valid marriage between the offender and the offended party shall e!tinguish the action or penalty imposed. *or$e in Ra"e
It does not mean violently, but with the description of force which must be e!ercised in order to accomplish the act for there is no doubt that unlawful connection with a woman in a state of consciousness, produced by profound sleep, stupor or otherwise amounts to rape. @orce may not be irresistible, all that is necessary that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. Intimidation in ra"e
This includes moral kind that is, threatening the victim with knife. Intimidation is addressed to the mind of the victim and is, therefore subective. Its presence cannot be tested by any hard and fast rule, but must be viewed in the light of the victim’s perception and udgment at the time of the crime. The working of the human mind under emotional state are unpredictable, people react differently in such situations. Statutor5 Ra"e
This is carnal knowledge of a woman below 1 years old. @orce and intimidation need not be proved" sweetheart defense is not a defense. The birth certificate is the best evidence. #onsent is immaterial, what is at stake is that the child is of tender age and does not have a will of her own.
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Some do$trinal "rin$i"le1+
1. @ull or complete penetration of the private parts is not necessary as the only essential point to prove is the entrance or at least the introduction of the male organ in the labia of the pudendum. 2. The absence of medical findings by the medico-legal officer does not disprove the commission of rape, neither is the presentation of the victim’s torn panty fatal to the prosecutions case. $. The purpose of the medical e!amination is corroborative in nature. @urthermore, the presence of a laceration in the vagina is not an essential prere'uisite to prove that a victim has been raped. %. So long as the testimony of the victim meets the test of credibility, the accused may be convicted of the offense. 6. In incestuous the moral ascendancy of the parent takes the place of force or violence. CRIMES AAINST LIBERT3
Art 6DG: idna""in/ and 1eriou1 ille/al detention Element1:
1* that the offender is a private individual * that he kidnaps or detains another, or in any manner deprives the latter of his liberty 3" That the act of detention or kidnapping must be illegal. 4" That in the commission of the offense, any of the ff. circumstances is present. a. that the kidnapping or detention lasts for more than $ days b. that it is committed simulating public authority c. that any serious physical inuries are inflicted upon person kidnapped or detained or threats to kill him are made. d. That the person kidnapped or detained is a minor, female or a public officer. Cetention for more than $ days not necessary when any of the other circumstances is present Mictim need not be placed in an enclosure restraint need not be permanent.
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ualif5in/ Cir$um1tan$e:
(eat4 Penalt5
1. urpose is to e!tort ransom . If victims is killed, raped or tortured as a conse'uence Ran1om+ Honey, price or consideration paid or demanded for redemption of a captured
person that would release then from captivity. •
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Pidnapping connotes the idea of transporting the offended party from one place to another Illegal detention connotes the idea, that is restrained of his liberty without necessarily transporting him from one place to another 5hen victim is killed because of his refusal to pay the ransom kidnapping being necessary to commit the murder it is comple! crime of kidnapping with murder. 2ut where he was taken for the purpose of killing him and not for detaining him, crime committed is murder. 3( ED6= modified (rt. DE, the amendment brings about a composite crime of Pidnapping with Bomicide when it is the victim of the kidnapping who was killed, or dies as a conse'uence of the detention and thus only one penalty is imposed which is death. (rt %> on comple! crimes does not govern In kidnapping, it is not only that of transporting one person from one place to another, the criminal intent must be established. @&3#I289 (2C;#TI&- if a woman is transported from one place to another by virtue of her of her liberty and that act is coupled with lewd designs. In PIC(I4 @&3 3(S&H voluntary release will not mitigate the crime because this crime is penalied with the e!treme penalty of death 3ansom- it is the money, price or consideration paid or demanded for redemption of the victimJ payment in e!change of the liberty of the victim
Ille/al (etention •
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#ommitted by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. #rime is against personal liberty and security
Art 6D: Sli/4t ille/al detention Element1:
1* that the offender is private individual
Ar#itrar5 (etention •
#ommitted by a public officer or employee who detains a person without legal ground.
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#rime against the fundamental law of the state.
Pri!ile/ed Miti/atin/ Cir$um1tan$e1 If t4e offender:
a* voluntarily releases the person so kidnapped or detains within three days from the commencement of the detention b* without having attained the purpose intended c" 2efore the institution of criminal proceedings against him. Note: W4en t4e !i$tim i1 a female, t4e detention i1 "uni14ed under Art 6DG Voluntar5 relea1e i1 not miti/atin/ $ir$um1tan$e under Art 6DG
Art 6D: Unlawful arre1t Element1:
1* that the offender arrests or detains another person 2" That the purpose of the offender is to deliver him to the proper authorities. 3" That the arrest or detention is not authoried by law or there is no reasonable ground therefore. • •
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&ffender is any person, whether public officer or private individual. o period of detention is filed by law, but the motive of the offender is controlling Hust be with intention to deliver detainee to proper authorities.
Art 26? •
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Cetention is for some legal ground #rime is committed by failing to deliver such person to the proper udicial authority within a certain period of time even if the arrest be for a legal ground.
Art 6D •
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Cetention is not authoried by law #ommitted by making an arrest not authoried by law
Art 6G: idna""in/ and failure to return a minor Element1:
1. that the offender is entrusted with the custody of a minor person )over or under E but less than 1* 2. That he deliberately fails to restore the said minor to his parents or guardian. •
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5hen committed by either parent, penalty is arrest to maor or a fine not e!ceeding $GG, or both (rt DE does not apply" (rt EGJ E1 applies. If any of the foregoing elements is absent, the kidnapping of the minor will then fall under (rt. DE If the taking is with the consent of the parents, the crime is committed under this article.
Art 6G2: Indu$in/ a minor to a#andon 4i1 4ome Element1:
1. That minor )whether over or under E years of age* is living in the home of his parents or guardian or the person entrusted with his custody. 2. That the offender induces said minor to abandon such home. •
Inducement must be actual, committed with criminal intent and determined by a will to cause damage.
1. that the offender purchases, sells, kidnaps or detains a human being 2. That the purpose of the offender is to enslave such human being. •
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If the purpose of the offender is to assign the offended party to some immoral traffic )prostitution*, the penalty is higher. This is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him.
The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic • The employment or custody of a minor with the consent of the parent or guardian although against the child’s own will cannot be considered involuntary servitude.
Art 6G8: E0"loitation of C4ild La#or Element1:
1. the offender retains a minor in his service . that it is against the will of the minor 3. That it is under the prete!t of reimbursing himself of a debt incurred by an ascendant, guardian a person entrusted with the custody of such minor.
Art 6G>: Ser!i$e1 Rendered Under Com"ul1ion in Pa5ment of (e#t Element1:
1. That the offender compels a debtor to work for him, either as household servant or farm laborer. . that it is against the debtor’s will 3. That the purpose is to re'uire or enforce the payment of a debt. Coes not distinguish whether the victim is a minor or not.
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CRIMES AAINST SECURIT3 A#andonment of 4el"le11 "er1on1 And e0"loitation of minor1
Art 6G?: A#andonment of Per1on1 in dan/er and A#andonment of oneH1 own !i$tim Puni14a#le A$t1:
1. failure to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without to himself, unless such omission shall constitute a more serious offense Element1:
1. the place is not inhabited . the accused found there a person wounded or in danger of dying - It is immaterial that the offender did not know that the child is under E yrs. old $. The accused can render assistance without detriment to himself %. The accused failed to render assistance 2. @ailing to helpJrender assistance to another whom the offender has accidentally wounded or inured.
3. @ailing to deliver a child, under seven years whom the offender has found abandonment, to the authorities or to his family, by failing to state him to a safe place. - it is immaterial that the offender did not know that the child is under E yrs. old
. that the child is under seven years $. that he abandons such child %. that he has no intent to kill the child when the latter is abandoned
/ 5here there is intent to kill, this article does not apply. Intent to kill cannot be presumed from the death of the child The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person, and not to crimes against security, particularly the crime of abandoning a minor.
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( permanent, conscious and deliberate abandonment is re'uired in this article.
Cir$um1tan$e1 ualif5in/ t4e %ffen1e
1. 5hen the death of the minor resulted from such abandonment . If the life of the minor was in danger because of the abandonment /
If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority
Art 6GG: A#andonment of Minor #5 Per1on Entru1ted wit4 4i1 Cu1tod5@ indifferen$e of "arent1 Element1 of t4e A#andonment of Minor:
1. That he delivers said minor to a public institution or other persons . That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. Element1 of t4e Indifferen$e of Parent1:
1. . $. %.
That the offender is a parent That he neglects his children by not giving them education That his station in life re'uires such education and his financial condition permits it. @ailure to give education must be due to deliberate desire to evade such obligation
Q &bligation to educate children terminates, if mother and children refuse without good reason to live with accused.
Art 6G: E0"loitation of Minor1 A$t1 Puni14ed:
1. #ausing any boy or girl under 1D to perform any dangerous feat of balancing, physical, or contortion, the offender being any person. . 9mploying children 1D who are not children or descendants of the offender in e!hibitions of acrobat, gymnast, rope-walker, diver or wild animal tamer, the offender being an acrobat, etc. or circus manager or engaged in a similar calling. $. 9mploying any descendant under 1 years of age in dangerous e!hibitions enumerates in the ne!t preceding paragraph, the offender being engaged in any of the said calling. %. Celivering a child under 1D gratuitously to any person in any of the callings enumerated, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child. 6. Inducing any child under 1D to abandon the home of its ascendants, guardians, curators or teachers to fallow any person engaged in any callings mentioned or to
- The e!ploitation of minors must refer to act endangering the life or safety of the minor. The offender is engaged in a kind of business that would place the life or limb of the minor in danger, even though working for him is not against the will of the child. •
Art 6: ualified Tre1"a11 to (wellin/ Element1:
1. That the offender is a private person . That he enters the dwelling of another $. That such entrance is against the latter’s will Cir$um1tan$e 9ualif5in/ t4e offen1e -
If the offense is committed by means of violence or intimidation, the penalty is higher. Cwelling includes room when occupied by another person
(wellin/ defined
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(ny building or structure e!clusively devoted for rest and comfort, as distinguished from places devoted to business, offices etc.
A#1olutel5 Cau1e1+
1* If the entrance to another’s dwelling is made for purpose of preventing some serious harm to himself, the occupants of the dwelling or third person" * If the purpose is to render some service to humanity or ustice" and $* If the place where entrance is made is a cafZ, tavern, inn and other public house, while the same are open. • • •
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rohibited is implied in entrance through the window rohibited must be in e!istence prior to or at the time of entrance rohibited, not necessary when violence or intimidation is employed by the offender. • (ll trespassers ordinarily have intention to commit another crime, but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling. • (gainst The 5ill- means that the entrance is either e!pressly or impliedly prohibited or the prohibition is presumed. @raudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance #ases when (rt >G does not apply+ a* when the purpose of the entrance is to prevent serious harm to himself, the occupant or third persons b* when the purpose of the offender in entering is to render some service to humanity or ustice c" (nyone who shall enter cafes, taverns, inns and other public houses while they are open.
Art 62: %t4er *orm1 of Tre1"a11 Element1:
1. That the offender enters the closed premises or the fenced estate of another. . That the entrance is made while either of them is uninhabited. $. That the prohibition to enter be manifest.
Art 6
Art 62
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&ffender is a private person
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&ffender enters a dwelling house lace entered is inhabited (ct constituting the crime is entering the dwelling against the will of the owner
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rohibition to enter is e!press or implied
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Cetention is not authoried by law &ffender enters closed premises or fenced estate. lace enter is uninhabited It is entering the closed premises or the fenced estate without securing the permission on of the owner or care taker thereof. rohibition to enter must be manifest.
P( GG6: Penalie1 19uattin/ and ot4er 1imilar a$t1 T4reat1 and $oer$ion
Art 66: ra!e T4reat1 Puni14a#le A$t1:
1. 2y threatening another with the infliction upon his person honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose. . 2y taking such without the offender attaining his purpose. $. 2y threatening another with the infliction upon this person, honor or property or that of his family of any wrong amounting to a crime, the threat is not being subect to a condition. -
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9ssence of the crime of threats is intimidation ?ualifying #ircumstances+ if threat was made in writing or through a middleman The act threatened must be wrong The crime is consummated as soon as the threats come to the knowledge of the person threatened, not necessary that the offended party was present at the time the threats were made. Threats made in connection with commission of other crimes are absorbed by the latten" but if the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime is 4rave Threats, and the minor crime which accompanied it should be disregarded. The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him, otherwise the crime is robbery with intimidation.
Penalt5 to #e im"o1ed: -
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if the offender attained his purpose, the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed If the threat is not subect to a condition, the penalty is fi!ed.
Art 68: Li/4t T4reat1 Element:
1. That the offender makes a threat to commit a wrong. 2. That the wrong does not constitute a crime. 3. That there is a demand for money or that other condition is imposed, even though
Ca1e1 w4en a "er1on i1 o#li/ed to file t4e #ond
1. 5hen the threatens another under circumstances mentioned in > . when the threatens another under circumstances mentioned under >$ Art 8?
bond to keep the peace • not made applicable to any particular case it is an additional penalty applicable only to cases of grave threats and light threats. •
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T&REATS
R%BBER3
The intimidation is clear and Intimidation is actual and immediate conditional It maybe through an intermediary Intimidation is personal 3efers to a person, honor or property 3efers to personal property 4ain is not an essential element There in intent to gain The danger to the victim is not Imminent to the victim instant
Art 6?: %t4er li/4t t4reat1 Pro4i#ited A$t1:
1. Threatening another with a weapon, or by inducing such weapon in a 'uarrel, unless it is in lawful self-defense. . &rally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat. $. by orally threatening to do another any harm not constituting a felony. o
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&ther light threats can be committed even the person to whom it is directed is absent 5here the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats.
ART 6D: ra!e Coer$ion1: Two wa51 of $ommittin/ ra!e Coer$ion1:
1. 2y preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law . . 2y compelling another, by means of violence, threats or intimidation, to do something against his 5ill, whether it be right or wrong. Element1:
1. that a person presented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong. . that the prevention or compulsion be effected by violence, threats or intimidation" and $. that the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the e!ercise of any lawful right. o
In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. If the act was already done when violence is e!erted, the crime is unust ve!ation.
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#oercion is consummated even if the offended party did not accede to the purpose of the coercion. grave coercion arises only if the act which the offender prevented to do so is not o prohibited by law or ordinance o The violence employed must be immediate, actual or imminent. The essence of
4. That the purpose of the offender is to apply the same to the payment of the debt. o
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If there is no violence employed, the act is punishable under paragraph of article >E ;nust includes any human conducts which although not productive of some physical or material would, however, unustly annoy or ve! an innocent person.
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i11in/ a /irl, wit4out "erformin/ a$t1 of la1$i!iou1ne11, i1 un;u1t !e0ation T4ere i1 no !iolen$e or intimidation in un;u1t !e0ation
Art 6: %t4er 1imilar $oer$ion1 +$om"ul1or5 "ur$4a1e of mer$4andi1e and "a5ment of wa/e1 #5 mean1 of to<en1. Puni14a#le A$t1:
1. @orcing or compelling, directly or indirectly or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. aying the wages due his laborer or employee by means of tokens or obects other that the legal tender currency of the hil., unless e!pressly re'uested by such laborer or employee. Element1 of A$t No 2
a* that the offender is any person, agents or officer of any association or corporation. b* That he or such firm or corporation has employed laborers or employees. c* That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise of commodities of any kind from him or from said firm or corporation Element1 of A$t No 6
a* That the offender pays the wages due a laborer or employee employed by him by means of tokens or obects. b* That these tokens or obects one other than the legal tender currency of the hilippines. c* That such employee or laborer does not e!pressly re'uest that he be paid by means of tokens or obects.
Art 6: *ormation, maintenan$e, and "ro4i#ition of $om#ination of $a"ital or la#or t4rou/4 !iolen$e or t4reat1 Element1:
1* That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal e!ercise of their industry or work. * That the purpose is to organie, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers. The act should mot be a more pervious offense • eaceful picketing, not prohibited eaceful picketing is part of freedom of speech and therefore, cannot be o prohibited • 9mploying violence or making threat by picketers may make them liable for coercion. • reventing employee from oining any registered labor organiation is punished under the labor code, not under the revised penal code •
Art 6: (i1$o!erin/ 1e$ret1 t4rou/4 of $orre1"onden$e Element1:
5hen the offender reveals the contents of such paper or letters of another to a third person, the penalty is higher. this article is inapplicable to+ a* parents b* guardians c* or persons entrusted with the custody of minors under their care d* spouse e* teachers or other persons entrusted with the care and education of the minor o
Art 62: Re!ealin/ 1e$ret1 wit4 a#u1e of %ffi$e Element1:
1. that the offender is a manager, employee or servant 2. That the offender learns the secrets of is principal of master in such capacity. 3. That he reveals such secrets.
- The secret must have come to their knowledge by reason of their office or position. -
#amage is not necessary
Art 66: Re!elation of Indu1trial Se$ret1 Element1:
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment. . That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. $. That the offender reveals such secrets. %. That preudice is caused to the owner. Secrets must relate to manufacturing processes - The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. reudice is an element of the offense. Anti J *en$in/ Law +P( 2D26. *en$in/ [ is that act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, ac'uire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, obect or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. *en$e [ includes any person, firm, association, corporation, or partnership or other
organiation whoJwhich commits the act of fencing. 8iability of &fficials of <uridical ersons If the fence is a partnership, firm, corporation, or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. •
resumption of @encing Here possession of any good, article, item, obect, or anything of value which has been the subect of robbery thievery shall be prime facie evidence of fencing. •
#learanceJermit to sell used Secondhand (rticles @or purpose of this act, all stores, establishments or entities dealing in the buy and sell of any good, article, item, obects or anything of value obtained from an unlicensed dealer or supplier theory, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated ational olice in the town or city where such store, establishment or entity is located. •
R%BBER3 IN ENERAL R%BBER3, (efined: Ro##er5 is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything, shall be guilty of robbery. CLASSI*ICATI%N %* R%BBER3:
1. 3obbery with violence against, or intimidation of persons. )(rticles =%,=E and =>* . 3obbery by the use of force upon things. )(rticles == and $G* ELEMENTS %* R%BBER3 IN ENERAL
a. b. c. d. anythings.
That there be of )1*personal property )* belonging to another" That there is )$* unlawful taking of the property" That the taking must be )%* with intent to gain" That there is )6* violence against or intimidation of any person or force upon In the commission of the crime of robbery, it is not necessary that the person for whom the property is taken by means of threats and violence, shall be the owner thereof. It is sufficient if the property is taken from him by such means, for the purpose of gain, on the part of the person appropriating it. •
9ven the owner of the property may be guilty of robbery when, for a instance he takes it from the possession of a bailee, with the intent to charge the bailee with its value. •
Art 6>: R%BBER3 WIT& VI%LENCE AAINST %R INTIMI(ATI%N %* PERS%NS ind1 of Ro##er5 wit4 !iolen$e a/ain1t or intimidation of "er1on1:
1. 5hen by reason of robbery or on occasion of the robbery homicide shall have been committed" or when robbery is accompanied by rape or intentional mutilation or arson. . 5hen or by reason or on occasion of such robbery serious physical inuries penalied in subdivision 1 of (rticle D$ shall have been inflicted. $. 5hen by reason on occasion of such robbery serious physical inuries penalied in subdivision of (rticle D$ shall have been inflicted. %. If the violence or intimidation employed shall have been carried to a degree unnecessary for the commission of the crime, or when in the course of its e!ecution, the offender inflicted upon any person not responsible for its commission any of the physical inuries covered by subdivisions $ and % or (rticle D$. 6. &ther cases of violence or intimidation The phrases /on the occasion0 and /by reason0 of the robbery mean that the homicide, rape and serious physical inuries defined in paragraphs 1 and of (rticle D$ must be committed in the course or because of the robbery. • 3obbery is a comple! crime because there one penalty prescribed, even if two crimes are committed. (rticle %> applies only when a comple! crime is not punished with a specific penalty. •
R%BBER3 WIT& &%MICI(E
The form &%MICI(EF is used in the generic sense and the comple! crime there in contemplated comprehends not only robbery with homicide in its restricted sense but
ARAVATIN so as to call for the imposition of the ma!imum penalty prescribed by
law. If somebody is killed and physical inuries are also inflicted by reason or on the occasion of the robbery, the physical inuries inflicted are only considered ARAVATIN CIRCUMSTANCES in the crime of robbery with homicide. • If in the course of the robbery another robber is killed by his companion, the crime committed is still robbery with homicide. The law does not re'uire that the person killed is the owner of the property taken. The same is true even if the person killed was an innocent bystander and not the person robbed. • 5hen homicide is not proved, the crime is only robbery. •
R%BBER3 WIT& RAPE ⇒
⇒
This is usually committed when, while some robbers are ransacking for personal property in the house, the other is raping a woman in the same house. If is not necessary that the rape be committed prior to our simultaneously with the robbery. @or the law says, in the definition of the crime, that when the robbery is accompanied by rape on mutilation, etc.
NB If t4e ra"e i1 $ommitted a/ain1t a woman in a 4ou1e ot4er t4an t4at t4e ro##er5 i1 $ommitted, t4e ra"e 14ould #e $on1idered a 1e"arate offen1e ⇒
There is no such crime as robbery with attempted rape, because a robbery cannot be a necessary means to commit attempted rape" nor attempted rape, to commit robbery. 2oth crimes cannot be the result of a SINLE ACT The rape must be consummated.
⇒
If rape was the primary obective of the occurred, and his taking of the ewels of the victim was N%T WIT& INTENT T% AIN but ust to have some tokens of her supposed consent to the coition, the accused committed two district crimes of rape and unust ve!ation.
⇒
If the woman raped pardoned or married the robber, the crime remains robbery with rape. The rape is not erased, because the crime is robbery which is a crime against property.
R%BBER3 WIT& P&3SICAL IN7URIES ⇒
If in the occasion of the robbery, one of the offenders inflicted upon another robber, physical inuries, there is no crime of robbery with physical inuries because the wording of the law says UP%N AN3 PERS%N N%T RESP%NSIBLE *%R ITS C%MMISSI%NF
Bowever, if the physical inuries inflicted are those falling under subdivision 1 and of (rticle D$, even though the physical inuries were inflicted upon one of the robbers themselves, and even though it had been inflicted after the robbery was already consummated, the crime will still be robbery with serious physical inuries. There will only be one count of accusation. ⇒ The physical inuries must always be serious. If they are only LESS SERI%US %R SLI&T they are absorbed in the robbery. The crime becomes merely robbery. ⇒ 2ut if the less serious physical inuries are committed after the robbery was already consummated, there will be a separate charge for less serious physical inuries. R%BBER3 WIT& VI%LENCE AAINST UALI*IE( W&EN:
%R INTIMI(ATI%N %* PERS%NS
If any of the offenses defined in subdivisions $, % and t of (rticle =% is committed
IS
Any of these five *@- UA&9/&(= "&R"U!+TA("+ of robbery with physical injuries or intimidation most be alleged in the information and proved during the trial. ⇒ &t cannot be offset by =(R&" !&T&=AT&(= "&R"U!+TA("+. ⇒ The 2ualifying circumstances do not apply with Robbery with Homicide, Rape or with +erious %hysical &njuries under subdivision : of Article 6;. &f said circumstances are present, they are only =(R&" A==RACAT&(= "&R"U!+TA("+. ⇒
Art 6D (E*INITI%N %* A BAN( AN( PENALT3 INCURRE( B3 T&E MEMBERS T&ERE%*: BAN( (efined
5hen at least four )%* armed malefactors take part in the commission of a robbery, it is denied committed by a band. 5hen any of the arms used in the commission of the robbery is not licensed, the penalty upon all the malefactors shall be the ma!imum of the corresponding penalty provided by law, without preudice to the criminal liability for illegal possession of such firearms. (ny number of the band who was present at the commission of a robbery by the band shall be punished as principal of any of the assaults committed by the band, unless it is shown that he attempted to prevent the same. • 2ut when there is C%NSPIRAC3 to commit homicide and robbery, all the acts of conspiracy, even if less than four armed men, are liable for the special comple! crime of robbery with homicide, rape, etc. •
(rticle =E provides that whether the robbery is attempted or frustrated, the penalty is still the same. Bowever, in an attempted or frustrated robbery, the killing of the victim is 'ualified by treachery or relationship, the proper penalty for murder or parricide shall be imposed because it is more severe. 3obbery with Bomicide andJor (ttempted or @rustrated 3obbery with homicide is a SPECIAL C%MPLE' CRIME not governed by (rticle %>, but by the special provisions of (rticles =E, respectively. Bowever, when the offense committed is attempted or frustrated robbery with serious physical inuries, (rticle %> is applicable.
ART 6 E'ECUTI%N %* (EE(S B3 MEANS %* VI%LENCE %* INTIMI(ATI%N ELEMENTS:
1. That the offender has intent to defraud another. . That the offender compels him to sign, e!ecute, or deliver any public instrument or document. $. That the compulsion is by means of violence or intimidation. The document need not be PUBLIC The Spanish test of this article says ESCRITURA PUBLICA % (%CUMENT%F The adective PUBLICF must therefore describe the word INSTRUMENTF only. Bence, delivered is a private or commercial paper.
T% ENTER INT% the premises when the robbery was committed.
If no entry was effected even through force may have been employed actually in the taking of the property from within the premises, the crime will only be T&E*T TW% +6. PRE(ICATES T&AT WILL IVE RISE T% T&E CRIME AS R%BBER3:
1. 2y mere entering alone, a robbery will be committed if any personal property is taken from within. . The entering will not give rise to robbery even if something is taken inside. It’s the breaking of the receptacle or closet or cabinet where the personal property is kept that will give rise to robbery. UN(ER T&E *IRST PRE(ICATE T&E ELEMENTS ARE:
1. That the offender entered )a* an inhabited house, or )b* public building, or )c* edifice devoted to religious worship. . That the entrance was effected by any of the following means+ a. Through an opening not intended for entrance or egress" b. 2y breaking any wall, roof, or floor or breaking any door or window" c. 2y using false keys, picklocks or similar tools" or d. 2y using any fictitious name or pretending the e!ercise of public authority. . That once inside the building, the offender took personal property belonging to another with intent to gain. The offender must ENTERF house or building in which the robbery is committed. There must be evidence or the facts must show that the accused entered the dwelling, house or building by any of the means enumerated. Thus, if the offender merely inserted his hard through an opening in the wall or used a pole through the window to get the clothes inside the room, while the offender remained outside the house or building, the crime committed is T&E*T, not R%BBER3 ⇒
⇒
If the entering was done through the window, even if the window is not broken, that would characterie the taking of personal property inside as robbery, because the window is not an opening intended for entrance. &rdinarily, the interpretation was that in order that there be a breaking of the door in contemplation of law, there must be save damage. If the door was not damaged but only the lack attached to the door was broken, the taking from within i1 onl5 T&E*T BUT T&E RULIN IS N%W ABAN(%NE( BECAUSE T&E (%%R IS C%NSI(ERE( USELESS WIT&%UT T&E L%C
If the picklock of false key was used not to enter the premises because the offender had already entered but was used to unlock an interior door or even a receptacle where the valuable or personal belonging was taken, the use of false keys or pick lock will not give rise to robbery with force upon things entrance, and not to e!tract personal belongings from the place where it is biro kept. UN(ER T&E SEC%N( PRE(ICATE, T&E ELEMENTS ARE:
1. That the offender is inside a dwelling house, public building or edifice development to religious worship regardless ok the circumstances+ . That he offend personal property belonging to another, with the initial to gain, under any other following" a. by the breaking of doors wardrobe, changes, or any my other kind of locked or sealed furniture or receptacle" or b. by taking much furniture or obects way to be broken as forced open the pace of the group. R%BBER3 WIT& *%RCE UP%N T&INS +6., in order to #e 9ualified, mu1t #e $ommitted in an UNIN&ABITE( PLACE and B3 INTIMI(ATI%N %* PERS%NS mu1t #e $ommitted in an +2.UNIN&ABITE( PLACE or +6. B3 A BAN( +Art 6?.
ART 86 R%BBER3 IN AN UNIN&ABITE( PLACE %R IN A PRIVATE BUIL(IN ELEMENTS:
1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. . That any of the following circumstances was present+ a. The entrance was effected through an opening not intended for entrance or egress" b. ( wall, roof, floor, or outside door or window was broken" c. The entrance was effected through the use of false keys, picklocks or other similar tools" d. ( door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken" or e. ( closed or sealed receptacle was removed, even if the same be broken open elsewhere. . That with intent to gain, the offender took therefrom personal property belonging to another. •
The use of fictitious name or pretending the e!ercise of public authority is not a means of entering the building under this article, because the place uninhabited and G no problem could be deceived. Thereby.
R%BBER3 %* CEREALS, *RUITS, %R *IREW%%( IN AN UNIN&ABITE( PLACE %R PRIVATE BUIL(IN:
5hen the robbery described in (rticles ==and $G consists in the taking of cereals, fruit, or firewood. The penalty ne!t loaner mi degree than that prescribed in said articles shall be imposed
ART 8> ILLEAL P%SSESSI%N %* PICL%CS %R SIMILAR T%%LS ELEMENTS:
1. . $. %.
That the offender has in his possession pickJlabels on similar tools. That they are especially adopted That the offender does not have lawful cause for such possession. It is not necessary that they actually used to commit flattered. C&APTER II BRIAN(AE
T&ERE IS BRIAN(AE W&EN:
1. There be at least four )%* armed person. . They formed a band of robbers. $. The purpose is any or the following+ a. To commit robbery in the highway" or b. To kidnap persons for the purpose of e!tortion or to obtain ransom" or c. To attain by means of force and violence ay other purpose. The e!istence of any of the purposes mentioned is sufficient. It would not be necessary to show in a prosecution under this article that a member or members of the band actually committed highway robbery, etc., in order to convict them, because the main obect of law is to prevent formation of band of robbers.
ART 8G AI(IN AN( ABETTIN A BAN( %* BRIAN(S ELEMENTS:
1. That, there is a band of brigands. . That the offender knows the land to be brigands. $. That the offender does any of the following act
C&APTER III T&E*T T&E*T, (efined:
Theft is committed by any person, who intent to gain but without violence against or intimidation to persons nor force upon things, shall take personal property of another without the latter’s consent. PERS%NS LIABLE *%R T&E*T:
1. Those who, )a* with intent to gain, )b* but without violence against or intimidation of persons nor force upon things, )c*take )d* personal property )e* of another )f* without the latter’s consent. . Those who, )a* having found lost property, )b* fail to deliver the same to the local authorities or to its owner. $. Those who, )a* after having maliciously damaged the property of another, )b* remove or make use of the fruits or obects of the damage caused by them. %. Those who )a* enter an enclosed estate or a field where )b*trespass is forbidden or which belongs to another and, without the consent of its owner, )c* hunt or fish upon the same or gather fruits, cereals or other forest or farm products. ELEMENTS %* T&E*T:
1. . $. %. 6.
That there be taking of personal property. That said property belongs to another. That the taking be done with intent to gain. That the taking be done without the consent of the owner. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. );.S. vs. Ce Mera, %$ hil. 1GGG" eople vs. usay, 6G hil. 6=>*
BASIS %* PENALT3 ARE T&E **:
1. The value of the things stolen" . The value and also the nature of the property taken" or $. The circumstances or causes that impelled the culprit to commit the crime. T4eft i1 $on1ummated when the offenderJs were able to take possession of the
thing taken by them. It is not an indispensable element of Theft that the thief carries, more or less away, the thing token by him from its owner. The taking is considered complete only when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once. &n other cases, it was held that asportation is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same. • /Intent to gain0 is presumed from the unlawful taking of personal property belonging to another. •
It is not necessary that there was real or actual gain in the part of the offender or that he removed the stolen animals in order to make use of or device some benefit from them. It is enough that on taking them, he was then actuated by the desire or intent to gain. ⇒
PRESUMPTI%N +(%CTRINE %* P%SSESSI%N. when a person has
in his possession, part of the recently stolen property, he is pressured to be the thief of all, in the absence of satisfactory e!planation of his possession. *IN(ER %* L%ST PR%PERT3@ T4in/1 to #e $on1idered %R "ro!ed
&UNTIN, *IS&IN, %R AT&ERIN *RUITS, et$, IN ENCL%SE( ESTATE: ELEMENTS:
1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another" . That he offender enters the same" $. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field" and %. That the hunting or fishing or gathering of products is without the consent of the owner.
T&E*T IS UALI*IE( I*:
1. . $. %. 6. D.
If the theft is committed by a domestic servant. If the theft is committed with grave abuse of confidence. If the property stolen is a )a* motor vehicle, )b* mail matter, or )c* large cattle. If the property stolen consists of coconuts taken from the premises of a plantation. If the property stolen is fish taken from a fishpond or fishery. If property is taken on the occasion of fire, earth'uake, typhoon, volcanic eruption, or any other calamity vehicular accident or civil disturbance. ⇒
⇒
⇒
It is not necessary that the domestic servant committed the crime with grave abuse of authority. That there not be allegation in the information the proof of relation by reason of dependence, guardianship or vigilance, between the accused and the offended parts, that has created a high degree of confidence between then, which the accused abused. Theft of roperty of ational 8ibrary and Huseum has a fi!ed penalty regardless of its value )(rt. $11* C&APTER V USURPATI%N
Art 826: %CCUPATI%N %* REAL PR%PERT3 %R USURPATI%N %* REAL RI&TS IN PR%PERT3 ACTS PUNIS&ABLE:
1. 2y taking possession of any real property belonging to another by means of violence against or intimidation of persons. . 2y usurping any real rights in property to another by means of violence against or intimidation of persons. ELEMENTS:
a. That the offender takes possession of any real property or usurps any real rights in property. b. That the real property or real rights belong to another. c. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property. d. That there is intent to gain. • #riminal action for usurpation of real property is not a far for the filing of civil action for *%RCIBLE ENTR3
Art 828: ALTERIN B%UN(ARIES %* LAN(MARS
C&APTER V CULPABLE INS%LVENC3
Art 82?: *RAU(ULENT INS%VENC3 ELEMENTS+
1. That the offender is a debtor" that is, he has obligation due and payable. . That he absconds with his property, real or personal. $. That there be preudice to his auditors. @raudulent concealment of property is not sufficient in the debtor has some other propertyJproperties with which to satisfy his obligation. •
C&APTER VI SWIN(LIN AN( %T&ER (ECEITS ELEMENTS %* ESTA*A IN ENERAL:
1. That the accused defrauded another )a* by abuse of confidence, or )b* by means of deceit" and . That damage or preudice capable of pecuniary estimation is caused to the offended party or third person. It is necessary that the damage or preudice be capable of pecuniary estimation, because the amount or damage or preudice is the basis of the penalty of estafa. •
T&E *IRST ELEMENT C%VERS T&E TREE (I**ERENT WA3S %* C%MMITTIN ESTA*A UN(ER ARTICLE 82?, NAMEL3:
1. with unfaithfulness or abuse of confidence" . by means of false pretenses or fraudulent acts" or $. through fraudulent means. ELEMENTS %* ESTA*A WIT& UN*AIT&*ULNESS:
1. That the offender has an onerous obligation to deliver something of value. . That he alters his substances, 'uantity or 'uality. $. That damage or preudice is caused to another. ILLUSTRATI%N: Alterin/ t4e Su#1tan$e1
edro sold 6GG tin cans of condensed milk to <uan, when they were delivered, GG cans contained evaporated milk. ILLUSTRATI%N: Alterin/ t4e uantit5
edro who, after having agreed to the sale of 6GG cans of milk, and having received the payment thereof, delivers to <uan %6G can only. ILLUSTRATI%N: Alterin/ t4e ualit5
edro agreed to sell to <uan imported condensed milk and received from <uan the purchase price thereof. 2ut when they were delivered to <uan, it was found to be locally made. The damage consists in the difference in the value of the milk. ELEMENT %* ESTA*A WIT& ABUSE %* C%N*I(ENCE:
1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same"
Heans a possession which gives the transfer a right over the thing which the transferee set up even against the owner. T&REE +8. WA3S %* C%MMITTIN ESTA*A WIT& ABUSE %* C%N*I(ENCE: 2 B5 mi1a""ro"riatin/ t4e t4in/ re$ei!ed •
Heans to own" to take something for one’s own benefit.
6 B5 $on!ertin/ t4e t4in/ re$ei!ed
The act of using or disposing of another’s property as if it were one’s own. • Cevoting the property to a purpose or use different from that agreed upon. •
8 B5 den5in/ t4at t4e t4in/ wa1 re$ei!ed
This is the kind of estafa under (rticle $16, where (EMAN( may be re'uired, because in estafa with abuse of confidence, the offender receives the thing from the offended party under a lawful transaction, unlike in estafa in by means of deceit, demand is not necessary, because the offender obtains delivery of the thing wrongfully from the beginning. •
(EMAN( is not re'uired by law" but it is necessary because failure to account,
upon demand, is circumstantial evidence of misappropriation. • It must be to the preudice of the offended party to the preudice of another not necessarily of the owner of the property. • There is no estafa through NELIENCE
ELEMENT %* ESTA*A B3 TAIN UN(UE A(VANTAE %* T&E SINATURE IN BLAN:
1. That the paper with the signature of the offended party be in blank. . That the offended party should have delivered it to the offender. $. That above the signature of the offended party a document is written by the offender without authority to do so. %. That the document so written creates a liability of, or causes damage to, the offended party or any third person. ELEMENTS %* ESTA*A B3 MEANS %* (ECEIT:
a. That there must be a false pretense, fraudulent act or fraudulent means. b. That such false pretense, fraudulent act or fraudulent means must be made or e!ecuted prior to or simultaneously with the commission of the fraud. c. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. d. That as a result thereof, the offended part suffered damage. ESTA*A B3 MEANS %* *RAU(ULENT ACTS: •
The acts must be characteried by or founded on deceit, trick or cheat.
ELEMENTS %* ESTA*A B3 IN(UCIN AN%T&ER T% SIN AN3 (%CUMENT:
1. . $. %.
That the offender induced the offended party to sign a document" That deceit be employed to make him sign the document" That the offended party personally signed the document. That preudice be caused.
PARARAP& 2- B5 $on!e5in/, 1ellin/, en$um#erin/, or mort/a/in/ an5 real "ro"ert5, "retendin/ to #e t4e owner of t4e 1ame ELEMENTS:
1. That the thing be immovable, such as a parcel of land or a building. . That he offender who is not the owner of said property should represent that he is the owner thereof. $. That the offender should have e!ecuted an act of ownership )selling, leasing, encumbering or mortgaging in the real property* %. That the act be made to the preudice of the owner or a third person. The real property must be e!isting, if not, the offense is estafa by means of false pretense under paragraph )a* of (rticle $16. •
PARARAP& 6- B5 di1"o1in/ of real "ro"ert5 a1 free from en$um#ran$e, alt4ou/4 1u$4 en$um#ran$e #e not re$orded ELEMENTS+
1. That the thing disposed of be real property. . That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. $. That there must be e!press representation by the offender that the real property is free from encumbrance. %. That the act of disposing of the real property be made to the damage of another. ENCUMBRANCE, (efined:
Includes every right or interest in the land which e!ist in favor of third personJs. 1. The offender must know that the real property is encumbered. . (n enforceable verbal agreement, previously made, to mortgage. The real property as a security for a loan is an encumbrance on the property, because a promise to mortgage is not an encumbrance.
PARARAP& 8- B5 wron/full5 ta<in/ #5 t4e owner 4i1 "er1onal "ro"ert5 from it1 lawful "o11e11or ELEMENTS:
1. . $. %.
That the offender is the owner of personal property. That said personal property is in the lawful possession of another. That the offender wrongfully takes it from its lawful possessor. That preudice is thereby caused to the possessor or third person.
The offender must be the owner of the personal property. If he is a third person and his purpose in taking it is to return it to the owner, it is T&E*T, since the abstracting was made with the intent that another might profit thereby. •
PARARAP& > J B5 e0e$utin/ an5 fi$titiou1 $ontra$t to t4e "re;udi$e of anot4er
The crime of estafa by e!ecuting a fictitious contract to the preudice of another may be illustrated in the case of a person who SIMULATES a conveyance of his property to another, for the purpose of defrauding his creditors. •
If the conveyance is real and made for a consideration and not simulated, to
2ut this kind of estafa re'uires fraud as an important element. If there is no fraud, it becomes payment not owing, known as solution indebiti under the #ivil #ode, with civil obligation to return the wrong payment. It will seem that what constitutes estafa under this paragraph is the malicious failure to return the compensation wrongfully received. If the money in payment of a debt was delivered to a wrong person, (rt. $1D, par.6, is not applicable, in case the person who received it later refused or failed to return it to the owner of the money, (rt. $16, subdivision 1 )b*, is applicable. PARARAP& D J B5 1ellin/, mort/a/in/ or en$um#erin/ real "ro"ertie1 wit4 w4i$4 t4e offender /uaranteed t4e fulfillment of 4i1 o#li/ation a1 1uret5 ELEMENTS:
1. That the offender is a surety in a bond given in a criminal or civil action. . That he guaranteed the fulfillment of such obligation with his real property or properties. $. That he self, mortgages, or, in my other manner encumbers said real property. 4. That such sale, mortgage, or encumbrance is )a* without e!press authority from the court, or )b* made before the cancellation of his bond, or )c*before being relieved from the obligation contracted by him.
Art 82G: SWIN(LIN A MIN%R ELEMENTS:
1. That the offender takes advantage of the ine!perience or emotions or feeling of a minor. . That he induces such minor )1* to assume an obligation, or )* to give release, or )$* to e!ecute a transfer of any property right. 3. That the consideration is )1* some loan of money, )* credit or )$*other personal property. %. That the transaction is to the detriment of such minor. 3eal property is not induced because it cannot be made to disappear, since a minor cannot convey real property without udicial authority. •
Art 82: %T&ER (ECEITS 1. 2y defrauding or damaging another by any other deceit not mentioned in the preceding articles. . 2y interpreting dreams, by making forecasts, by telling fortune, or by taking advantage of the credibility of the public in any other similar manner, for profit or gain.
C&APTER VII C&ATTEL M%RTAE ACTS PUNIS&ABLE:
1. 2y knowingly removing any personal property mortgaged under the #hattel Hortgage 8aw to any proving or city other than the one in which it was located at the time of e!ecution of the mortgage, without the written consent of the mortgages or
The offender can be any person who shall knowingly remove the mortgaged personal property to another province or city without the WRITTEN C%NSENT of the mortgage. • (rticle 1%G of the ew #ivil #ode makes it indispensable that the document REISTERE(. If the chattel mortgage is not registered, there is no violation of (rticle 1$=. •
C&APTER VIII ARS%N AN( %T&ER CRIMES INV%LVIN (ESTRUCTI%N ATTEMPTE( ARS%N
5hen the offender is about to set fire to the rag full of gasoline beside the building, he is discovered by another who chases him away. C%NSUMMATE( ARS%N
If the fire had burned part of the building or whole of the building then it is in its consummated stage. It is not necessary that the wood should be ablae, were charring of the wood is sufficient. C&APTER I' MALICI%US MISC&IE* MALICIU%S MISC&IE* ELEMENTS:
1. That the offender deliberately caused damage to the property of another. . That such act does not constitute arson or other crimes involving destruction. $. That act of damaging another’s property be committed merely for the sake of damaging it. It cannot be committed through NELIENCE. The offender should act under the impulse of a specific desire to inflict inury to another. • If there is no malice in causing the damageL the obligation to repair or pay for damages is only civil. •
Art 86: SPECIAL CAUSES %* MALICI%US MISC&IE* or UALI*IE( MALICI%US MISC&IE*:
1. . $. %.
#ausing damage to obstruct the performance of public functions. ;sing any poisonous or corrosive substance. Spreading any infection or contagion among cattle. #ausing damage to the property of the ational Huseum, ational 8ibrary, or to any achieve or registry, waterworks, road, promenade, or any other thing and in common by the public.
Art 88: (AMAE AN( %BSTRUCTI%N T% MEANS %* C%MMUNICATI%N 1. It is committed by damaging any railway, telegraph or telephone lines. . If the damage shall result in any derailment of cars, collision and other accidents, a higher penalty shall be imposed. C&APTER ' E'EMPTI%N *R%M CRIMINAL LIABILIT3 IN CRIMES AAINST PR%PERT3 PERS%NS E'EMPT:
•
The reason for e!emption from criminal liability is that the law recognies the presumed co-ownership of the property between the offender and the offended party.
CRIMES INV%LVE(:
1. Theft . Swindling )9stafa* $. Halicious Hischief o criminal" but only CIVIL LIABILIT3 shall result from the commission of any said crimes, committed or caused mutually by those persons. • Stepfather, adapted father, natural children, concubine and paramour are •
INCLU(E( • • • •
Stepfather and stepmother are included as a ascendants by affinity. (n adopted or natural child is included in the form /relatives0. (pplies to common-law spouses #oncubine a paramour within the form /spouse0.
T% BE E'CEPT *R%M CRIMINAL LIABILIT3, T&E WI(%WE( SP%USE W&% C%MMITS T&E*T, ESTA*A %R MALICI%US MISC&IE*, IT IS REUIRE( T&AT:
1. The property belongs to the deceased spouse" and . It has not passed into the possession of a third person. TITLE 'I CRIMES AAINST C&ASTIT3
Art 888: A(ULTER3 ELEMENTS
1. That the woman is married . That she has se!ual intercourse with a man not her husband $. That as regard the man with whom she has se!ual intercourse, he must know her to be married. Will t4e (o$trine of in "ari deli$to a""li$a#le in adulter5=
In the 4uinucud case where the husband agreed with the wife that they live separately and free to marry other persons, the husband cannot file a complaint against his wife for having adulterous relationship. The concept of pari delicto is not present in the 3evised enal #ode but only in (rt.1%11 of the #ivil #ode. Ceath of paramour will not bar the prosecution against the unfaithful wife, because the re'uirement that both he the offenders should be included in the complaint is absolute only when the two offenders are alive • roceedings must continue despite death of the offended party • 9ffect of pardon+ (rt. $%% re'uire that1. The pardon must come before the institution of the criminal prosecution" and . 2oth the offenders must be pardoned by the offended party. •
Art 88>: C%NCUBINAE ELEMENTS
1. That the man must be married . That he committed any of the following acts+ a. Peeping a mistress in a conugal dwelling b. Baving se!ual intercourse under scandalous circumstances with a woman who is not his wife
who is not his wife" - by cohabiting with her in any other place. -
-#omplaint from the offended spouse is necessary. - 9ach act of se!ual intercourse is a single count of adultery.
- #omplaint from the offended spouse is necessary.
• (dultery is more severely punished than concubinage because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his )husband’s* name and receiving support from him.
Art 88D: A$t1 of La1$i!iou1ne11 ELEMENTS:
1. That the offender commits any act of lasciviousness or lewdness . That it is done under any of the following circumstances+ a. 2y using force or intimidation" or b. 5hen the offended party is deprived of reason or otherwise unconscious" or c. 5hen the offended party is another person of either se! C4a"ter III Art 88G: ualified Sedu$tion TW% CLASSES:
1. Seduction of a virgin over 1 years and under 1> years of age by certain persons, such as, a person in authority, priest, teacher, etc." and . Seduction of a sister by her brother, or descendant regardless of her age or reputation Element1 of 9ualified 1edu$tion of a !ir/in:
1. offended party is a virgin, which is presumed if she is unmarried and of good reputation" . that she must be over 1 and under 1> years of age" $. that the offender had se!ual intercourse with her, and 4. That there is abuse of authority, confidence, or relationship on the part of the offender.
Art 88: Sim"le Sedu$tion Element1:
1. That the offended party is over 1 and under 1> years of age . That she must be of good reputation, single, or widow. $. That the offender has se!ual intercourse with her. %. That it is committed by means of deceit UALI*IE( SE(UCTI%N
- the woman is virgin )morally*
SIMPLE SE(UCTI%N
- The woman is single, widow of good reputation. - offender is any person in public - &ffender may be any person. authority, priest, house servant, domestic, guardian, teacher or any person entrusted with the education of custody of the woman seduced. - 5hen the offender is the brother or - The victim is always over 1 but under an ascendant, the victim may be over 1>. 1>, the age and reputation of the girl is not material.
or if 1 but less than 1>, there is force and intimidation, or the girl may or may not be a virgin.
1> and the crime is by means of caolery. - In 'ualified seduction+ the girl must be a virgin.
Mirginity- is not physical but moral, i.e., that the woman does not have se!ual e!perience.
Art 8>: Corru"tion of Minor1 #ommitted by one who promotes or facilitates the prostitution or corruption of minor in order to satisfy the lust of another and not the corruptor’s own lust.
Art 8>2: W4ite Sla!e Trade A$t1 "enalied:
1. 9ngaging in the business of prostitution . rofiting by prostitution $. 9nlisting the services of women for the purpose of prostitution In relation to RA G2D-C4ild A#u1e Law t4e ff are "uni14a#le "
1. romote, facilitate or induce child prostitution which include, but are not limited to the following+ a. acting as procurer of a child prostitute" b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means" c. Taking advantage of influence or relationship to procure a child as prostitute" d. Threatening or using violence towards a child to engage him as a prostitute" e. 4iving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. . Those commit act of se!ual intercourse or lascivious conduct with a child e!ploited in prostitution" $. Those who derive profit or advantage therefrom" %. (ttempt to commit child prostitution. C&APTER IV AB(UCTI%N
Art 8>6: *or$i#le a#du$tion (bduction of any woman against her will with lewd designs. Element1 *or$i#le A#du$tion wit4 Ra"e:
1. that the person abducted is any woman, regardless of her age, civil status or reputation" . that the abduction is against her will" and $. that the abduction is with lewd design. lewd de1i/n- obscene, lustful, lascivious, lecherous. It signifies that form of immorality
which has relation to moral impurity, one carried in a wanton manner. •
5here the girl is under 1, the crime is always forcible abduction with or without the consent of the child. The law presumes that the abduction is against her will. Se!ual
Element1:
1. That the offended party must be a virgin . That she must be over 1 and under 1> years of age $. That the taking away of the offended party must be with her consent, after solicitation or caolery from the offender %. That the taking away of the offended party must be with lewd design C%NSENTE( AB(UCTI%N
SE(UCTI%N
- The gravamen of the crime is the alarm and disturbance to the parents and the family of the victim and the infringement of their rights.
- The gravamen of the offense is the wrong done to the woman.
W4en 14ould "ardon #e /i!en #5 t4e offended "art5=
To be effective, pardon must be given before the prosecution of the crime. W4at are t4e effe$t1 of "ardon #5 t4e offended "art5=
It does not e!tinguish criminal liability. (n e!ception would be marriage under the antirape law. The civil liability shall be e!tinguished by e!press waiver of the offended. • In rape cases the pardon must be granted not only by the parents of the offended but also the offended herself.
Title Twel!e Crime1 a/ain1t Ci!il State of Per1on1 Simulation of #irt41, 1u#1titution of one $4ild for anot4er, and $on$ealment or a#andonment of a le/itimate $4ild A$t1 Puni14ed under Art 8>G
1. Simulation of births . Substitution of one child for another 3. #oncealing or abandoning any legitimate child with intent to cause such child to lose into civil status. •
&bect of the crime under (rt. $%E is the creation of false or causing of the loss of civil status.
Art 8>G: Simulation of Birt4 • Takes place when the women pretends to be pregnant when in fact she is not and on the day of the supposed delivery takes the child of another as her own. •
•
The simulation which is a crime is that which alters the civil status of a person. @act that the child will be benefited by the simulation of its birth is not a defense.
Con$ealin/ or a#andonin/ an5 le/itimate $4ild Re9ui1ite1:
1. . $. •
•
The child must be legitimate The offender conceals or abandons such child, and The offender has the intent to cause such child to lose its civil status. (bandonment of a child should be understood under (rt. $%E as leaving the child a public place where other people may find it, and causing the child lose it civil status. #oncealing a legitimate child before the purpose of causing it to lose its civil status.
Lia#ilit5 of P451i$ian or Sur/eon
( physician or surgeon or public officer, who cooperates in the e!ecutive of any of these crimes, is also liable if he acts in violation of the duties of his profession.
•
The urpose of defrauding the offended party or his heirs 'ualifies the crime. C4a"ter Two Ille/al Marria/e1
Art 8>: BIAM3 Element1:
1. that the offender has been legally married . that the marriage has not been dissolved or, in case of his or her spouse is absent, the absent spouse could not yet presumed dead according to the civil code. $. that he contracts a second marriage or subse'uent marriage. %. that the second or subse'uent marriage has all the essential re'uisites for validity. •
ullity of first marriage, not a defense in bigamy charge
The Supreme #ourt held that there is need of a udicial declaration of the fact that the marriage of a person is void before that person can marry again" otherwise the second marriage be void. )5iegel vs. Sempio-Ciy* 1%$ S#SS %== •
•
The second marriage must have all the essential re'uisites for validity Malidity of second marriage is a preudicial 'uestion to liability for bigamy.
Bi/am5 not a "ri!ate offen1e+ the crime of bigamy does not fall within the category
of private crimes that can be prosecuted only at the instance of the offended party. The offense is committed not only against the first and second wife but also against the state. •
•
( person convicted of bigamy may still be prosecuted for concubinage. The second spouse who knows of the first marriage is an accomplice, as well as the person who vouched for the capacity of either of the contracting parties.
•
( udicial declaration of the nullity of a marriage (b Initio is now re'uired.
•
•
@ailure to e!ercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless Imprudence.
•
4ood faith is a defense in 2igamy.
Art 8?: MARRIAE C%NTRACTE( AAINST PR%VISI%N %* LAWS Element1:
1. that the offender contracted marriage . that he knew at the time that a* the re'uirements of the law were not complied with or 9!. Harriage is solemnied by a ministerJpriest who does not have the re'uired authority to solemnie marriage. b* the marriage was in disregard of a legal impediment 2. The marriage does not constitute bigamy. •
9ualif5in/ Cir$um1tan$e+ Is either of the contracting parties obtains the consent of
the other by means violence, intimidation or fraud.
Art 8?2: PREMATURE MARRIAES Per1on1 lia#le for Premature Marria/e
1. ( widow who married within $G1 days from the date of the death of her husband, or
•
eriod of $G1 days is important only for cases where the woman is not pregnant of without knowledge of such pregnancy. If the woman is pregnant, prohibition is good only up to time of delivery.
Art 8?6: PER*%RMANCE %* ILLEAL MARRIE CEREM%N3 • riest, or ministers of any religious denomination or sect or civil authorities who shall perform or authorie any legal marriage ceremony. • &ffender must be authoried to solemnie marriages" otherwise he is liable under (rt. 1EE for usurpation of authority.
Title T4irteen CRIMES AAINST &%N%R C4a"ter %ne Li#el Li#el@ definition
Is a public and malicious imputation of a crime or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or uridical person, or to blacken the memory of one who is dead. •
ELEMENTS of (efamation:
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance. . That the imputation must be made publicly. $. That it must be malicious. %. That the imputation must be directed at a natural or uridical person, or one who is dead. 6. That the imputation must tend to cause dishonor, discredit or contempt of the person defamed. 1. 5hen a person in an article imputes upon the person mentioned therein, lascivious and immoral habits, that article is of a libelous nature as it tends to discredit the persons libeled in the minds of those reading the article. . ublication is the communication of the defamatory matter to some third person or persons. $. 5riting a letter to another person other than the person defamed is sufficient to constitute publication, for the person to whom the letter is addressed is a third person in relation to its writer and the person defamed therein. > T&ERE IS N% CRIME I* T&E IMPUTATI%N IS N%T PUBLIS&E(
6. 2ut the publication need not refer by name to the offended party. It is sufficient if it is shown that the offended party is the person meant or alluded to therein.
6. The defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for the victim to be identifiable. &ow are t4e element1 of "u#li$ation and identifi$ation 1ati1fied=
There is publication if the material is communicated to a third person. It is not re'uired that the person defamed has read or heard about the libelous remark. 5hat is important is that a third person has read or heard of the libelous statement, for a man’s reputation is the estimate in which others hold him, not the good opinion which he has in himself. (s regards identification, it must be shown that at least a third person or a stranger
confidential nature, or of any statement, report of speech delivered in said proceedings, or of any other act performed by public officers in the e!ercise of their function. Rule of A$tual Mali$e
This rule states that even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice, that is, with knowledge that it was false or with reckless disregard of whether it was false or not. TEST T% (ETERMINE W&ET&ER W%R(S USE( ARE LIBEL%US
If they tend to induce hearers to suppose and understand that persons against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or to hold him up to public ridicule. Li#el B5 Mean1 of Writin/1 or Similar Mean1
#ommitted by means of the following+ 1. writing" D. phonograph" . printing" E. painting" $. lithography" >. theatrical e!hibition" %. engraving" =. cinematographic e!hibition" 6. radio" 1G. any similar means.
Art 8?D: T4reatenin/ to Pu#li14 and %ffer to Pre!ent 1u$4 Pu#li$ation for a Com"en1ation ACTS PUNIS&E(+
1. 2y threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family" or . 2y offering to prevent the publication of such libel for compensation or money consideration. Bla$<mail- is defined as any unlawful e!tortion of money by threats of accusation or
e!posure. It is possible in light threats under (rt. >$, and threatening to publish, or offering to prevent the publication of libel for compensation, under (rt. $6D.
Art 8?G: Pro4i#ited Pu#li$ation of A$t1 Referred To In T4e Cour1e %f %ffi$ial Pro$eedin/1 ELEMENTS:
1. offender is a reporter, editor or manager of a newspaper, daily or magaine" . he publishes facts connected with private life of another" and 3. Such facts are offensive to the honor, virtue and reputation of said person. •
This provision constitutes the so-called 4ag 8aw.
Art 8?: Slander- oral defamation IN(S:
1. Simple slander . 4rave Slander, when it is of a serious and insulting nature *a$tor1 t4at determine t4e /ra!it5 of oral defamation:
1. 9!pression used . The personal relations of the accused and the offended party $. The circumstances surrounding the case %. Social standing and the position of the offended party
Art 8?: Slander #5 (eed ELEMENTS:
1. The person who publishes, e!hibits or causes the publication or e!hibition of any defamation in writing or similar means . The author or editor of a book or pamphlet $. The editor or business manager of a daily newspaper magaine or serial publication %. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication C4a"ter Two In$riminator5 Ma$4ination1
Art 8D8: In$riminatin/ Inno$ent Per1on ELEMENTS:
1. offender performs an act" . that by such act he directly incriminates or imputes to an innocent person the commission of a crime" and 3. Such act does not constitute perury. •
In cases of planted evidence, and the like which do not in themselves constitute false prosecutions but tend directly to cause false prosecution
INCRIMINATIN INN%CENT PERS%N
PER7UR3 B3 MAIN ACCUSATI%N
*ALSE
- committed by performing an act by which the offender directly incriminates o imputes to an innocent person the commission of a crime - is limited to the act of planting evidence and the like, in order to incriminate an innocent person
- the gravamen of the offense is the imputation itself, falsely made, before an officer - is the giving of false statement under oath or the making of a false affidavit, imputing to a person the commission of a crime
Art 8D>: intri/uin/ A/ain1t &onor ELEMENTS:
1. committed by any person" . such person makes any intrigue" and 3. urpose is to blemish honor or reputation of another person. Ma5 t4e $ourt im"o1e a "enalt5 of fine in1tead of im"ri1onment=
es. ;nder, (rticle $66, the court is given the discretion to impose the penalty of imprisonment or fine or both for the crime of libel. Bumanitarian reasons as held in Torralba v. #( 1==D. W4at are t4e different $rime1 of defamation=
They are the oral defamation or slander, written defamation or libel, and defamation by overt acts or slander by deed. Mali$e in law
It is malice which the law presumes to be present where the offender cannot establish ustifiable reasons or good motives therefore. Bence, the complainant here does not have to prove the e!istence because it is presumed by law.
Mali$e in fa$t
It is malice which the complainant has to prove to e!ist. The offender must prove the e!istence of malice in order to hold the offender criminally and civilly liable.
a scalpel in the case of free speech. Hen in public life may suffer under a hostile and unust accusation" the wound can be assuaged with the balm of a clear conscience. Ma5 e!iden$e "ro!in/ t4e trut4fulne11 of t4e im"utation #e re$ei!ed=
o, 9vidence proving the imputation is obectionable because such is inadmissible. E0$e"tion1:
1. Imputation against a public officer and the same relates to his public function. )(rt. $D1, par.b* The offended may adduce evidence of the truth of such imputation. . Imputation of crime against any person.)art. $D1, par.a*2ut the mere fact that the truth is proved, the accused must show that he acted out of good motives and ustifiable end. Truth alone is not enough, in some cases truth is not a defense at all. W4at i1 t4e nature of fair $ommentarie1 on matter1 of "u#li$ intere1t=
They are privileged and constitute a valid defense in an action for slander or libel. The (o$trine of *air Comment means that while in general every discernible imputation publicly made is deemed false, because every man is presumed innocent until his guilt is udicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. W4o i1 a "u#li$ fi/ure=
&ne who by his accomplishments, fame, mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character has become a public personage. Be is in other words a celebrity.
Title *ourteen UASI-%**ENSES
Art 8D?: Im"ruden$e and Ne/li/en$e Puni14a#le ua1i-offen1e1
1. #ommitting through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony. . #ommitting through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony. $. #ausing damage to the property of another through reckless imprudence or negligence" %. #ausing through simple imprudence or negligence some wrong which if done maliciously, would have constituted a light felony. Re$<le11 Im"ruden$e ELEMENTS:
1. . $. %. 6.
offender does or fails to do an act" the doing of or failure to do the act is voluntary" that it be without malice" that material damage results" and there is ine!cusable lack of precaution on the part of the offender, taking into consideration+ a. his employment or occupation" b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.
Sim"le Im"ruden$e ELEMENTS:
1. lack of precaution on the part of the offender" and . the damage impending to be cause used is not immediate or danger is not clearly manifest.
It is the ine!cusable lack of precaution of a person taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding time, person and place Such ine!cusable negligence material damage to another.
results
in
It consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate or the danger clearly manifests
•
Since this is the mode of incurring criminal liability, if there is only one carelessness, even if there are several results, the accused may only be prosecuted under one count for criminal negligence. So there would only be one information to be filed, even if the negligence may bring about resulting inuries which are slight.
•
N%TE: (o not 1e"arate t4e a$$u1ation from t4e 1li/4t "451i$al in;urie1 from t4e ot4er material re1ult of t4e ne/li/en$e
Illu1tration:
If the criminal negligence resulted in homicide, serious physical inuries and slight physical inuries do not oin only the homicide, physical inuries in one information for the slight physical inuries. ou are not comple!ing slight when you oin it in the same information. It is ust that you are not splitting the criminal negligence because the real basis of the criminal liability is the negligence. If you split the criminal negligence, then double eopardy will arise.
SUMMAR3 %* B%% TW% Trea1on +28>.
Re#ellion +28>.
#rime against ational Security #an only be committed in times of war
#rime #rime against against ublic &rder ublic &rder Haybe committed in times of peace (lways involves taking up of arms against the government
Haybe committed by mere adherence to the enemy, giving him aid or comfort There are only two ways of proving treason+
Sedition +28.
Su#!er1ion +P( ?.
(ire$t A11ault 21t "art +2>.
Special 8aw
#rime against ublic &rder
unishes mere affiliation or membership in a subversive organiation
&ffender employs force or intimidation to attain any of the purposes of rebellion or sedition but with N% public uprising
a* testimony of witnesses, at least, to the same overt act
b" confession of the accused in o"en $ourt
There is a public uprising but there mu1t #e taking up of arms against the government
Miolation by a subect of his allegiance to his sovereign or the
There is a public uprising but it is sufficient that such is tumultuous
3aising of commotion or disturbances in the State
Supreme (uthority the State
of
Pira$5 +266.
There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is an outsider
Ar#itrar5 (etention +26>. and (ela5 in t4e deli!er5 of detained "er1on1 to t4e "ro"er ;udi$ial aut4oritie1 +26?.
Ro##er5 on t4e &i/4 Sea1 +Title ', C4a"ter 2.
There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is a member of the complement or a passenger of the vessel
Ille/al (etention +6DG 6D.
Haybe committed only by public #ommitted by private individuals or officers and employees who are public officers and employees acting acting as such )2;T private in their private capacity individuals who conspire with public officers are guilty of this crime*
Violation of (omi$ile +26 J 28.
Tre1"a11 to dwellin/ +6.
Haybe committed only by public #ommitted by private individuals or officers and employees who re acting public officers and employees acting as such )2;T private individuals who in their private capacity conspire with public officers are guilty of this crime*
Pro4i#ition, interru"tion and di11olution of "ea$eful meetin/1 +282.
(i1tur#an$e of "u#li$ order +2?8
Haybe committed only by public officers and employees who are acting as such )2;T private individuals who conspire with public officers are guilty of this
#ommitted by private individuals or public officers and employees acting in their private capacity.
crime*
21t wa5 of $ommittin/ t4e $rime of Ille/al A11em#l5 +2>D.
6nd wa5 of $ommittin/ t4e $rime of Ille/al A11em#l5 +2>D.
That there is a meeting, a gathering or group of persons, whether in a fi!ed place or moving That the meeting is attended by armed persons That the purpose is to commit any of the crimes punishable under the 3#
That there is a meeting, a gathering or group of persons, whether in a fi!ed place or moving It doesn’t matter whether the audience is armed or not That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
Ille/al A11em#l5 +2>D.
Ille/al A11o$iation +2>G.
There is an actual meeting or It is not necessary that there be an assembly actual meeting Heeting and attendance at such That there is a meeting, a gathering meeting is punished or group of persons, whether in a fi!ed place or moving That the purpose is to commit any That the audience is incited to the of the crimes punishable under the commission of the crime of treason, 3# rebellion or insurrection, sedition or direct assault
Ille/al A11em#l5 +2>D.
There is an actual meeting or assembly Heeting and attendance at such meeting is punished The persons liable are+ a. organiers or leaders of the meeting b. persons present at the meeting
Ille/al A11o$iation +2>G.
It is not necessary that there be an actual meeting The act of forming or organiing and membership in the association is punished The persons liable are+ 1. the founders, directors and president . the members
(ire$t A11ault +2>.
Indire$t A11ault +2>.
There are ways of #ommitted only committing direct when a direct assault. assault is also committed a* without public uprising, by employing force or intimidation for the attainment of the purposes of rebellion and sedition b* with out public uprising, by attacking, by employing force or by seriously intimidating or be seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance In the nd form of The offended Cirect (ssault, the party is a w4o offended party is a person person in authority or $ome1 to t4e his agent aid of a person in authority or his agent The force employed of the a/ent of a
Re1i1tan$e Seriou1 (i1o#edien$e +2?2, "ar2.
Sim"le (i1o#edie n$e +2?2, "ar 6.
o force is employed in resisting or disobeying
The offended party is The a person in authority offended or his agent party is a person in authority or his agent.
"er1on in aut4orit5
must be serious. It need not be serious when the offended party is a person in authority The person in authority or his agent can either be+ a*engaged in the actual performance of official duties" or b* he is assaulted by reason of the past performance of official duties The resistance employed mu1t #e 1eriou1
The person in The person authority must be in in the actual authority performance of his must be in official duties the actual performan ce of his official duties or gives a lawful order thereof The resistance here is not serious
Per1on in aut4orit5
(ny person directly vested with urisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority
Alarm1 and S$andal1 +2??.
#rime against ublic &rder The disturbance must N%T be serious in nature )par.%* The discharge of the firearm should N%T be aimed at a person )par.1*
(i1tur#an$e of Pu#li$ %rder +2?8.
A/ent of a "er1on in aut4orit5
&ne who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, and any person who comes to the aid of persons in authority ra!e +6.
S$andal
(i1$4ar/e of *irearm +6?>.
#rime against #rime against ublic &rder ublic Horals The disturbance must be serious in nature
#rime against ublic ersons
The discharge of firearm is aimed at a person but without intent to kill That the highly scandalous conduct is N%T e!pressly falling with any other article in the #ode
(eli!erin/ Per1on1 from ;ail +2?D.
E!a1ion of Ser!i$e of Senten$e +2?G.
Conni!in/ wit4 or $on1entin/ to e!a1ion +668.
E!a1ion t4rou/4 ne/li/en$e +66>.
The officer The offender is The offender is a The offender is a removes or the prisoner public officer public officer helps in the
escape of a prisoner The prisoner The prisoner The prisoner may The prisoner may may be a must be a be a detention be a detention detention or a prisoner or a $on!i$t #5 final prisoner prisoner or a ;ud/ment prisoner by final prisoner by final prisoner by udgment udgment final udgment The public officer The prisoner was in escapes through connivance with the public the prisoner officer’s negligence
Re$idi!i1m +Art 2>, "ar .
Reitera$ion +Art 2>, "ar 2.
It is enough that a final udgment has been rendered in the 1st offense
It is necessary that the offender shall have served out his sentence for the 1st offense
3e'uires that the offenses be included in the same title of the #ode
revious and subse'uent offenses must not be embraced in the same title of the #ode
Serves to increase the penalty into its ma!imum
Serves to increase the penalty into its ma!imum
o period of time between the former conviction and the last conviction is fi!ed by law &rdinary mitigating circumstance which can be offset by a mitigating circumstance
o period of time between the former conviction and the last conviction is fi!ed by law &rdinary mitigating circumstance which can be offset by a mitigating circumstance
Multire$idi!i1m or &a#itual (elin9uen$5 +Art D6, "ar ?.
ua1ire$idi!i1m +Art 2D.
The accused The accused are must be found yet to serve or guilty the $%d are serving their time or oftener of sentences at the any of the crimes time of the specified below commission of the crime &nly the crimes revious and of robbery, theft, subse'uent estafa, offenses do not falsification and need to be physical inuries embraced in the are taken into same title of the consideration #ode (n additional unished by the penalty is also ma!imum imposed penalty prescribed by law for the new felony &ffender is found eriod of the guilty of any of commission must the crimes be before serving specified within out the sentence 1G years from his or during the last release or service of such last conviction sentence Special Special aggravating aggravating circumstance circumstance which $annot be which $annot be offset by a offset by a mitigating mitigating circumstance circumstance
Ma<in/, im"ortin/ and utterin/ fal1e $oin1 +2D8.
The coin uttered )passed* maybe currency of a foreign country or that which has been withdrawn from circulation In case of uttering, the offender connived with the counterfeiters or importers
Mutilation of $oin1 and im"ortation and utteran$e of mutilated $oin1 +2D>.
Sellin/ of fal1e or mutilated $oin1 wit4out $onni!an$e +2D?.
The coin must be of The coin must be /legal /legal tender0 and does tender0 not include foreign coins There is connivance with the mutilator or importer in case of uttering
There
is no $onni!an$e but there is knowledge that the coin is false
*al1ifi$ation of le/i1lati!e do$ument1 +2G.
*al1ifi$ation #5 "u#li$ offi$er, em"lo5ee or notar5 or e$$le1ia1ti$al mini1ter +2G2.
The offender is The offender is a any person public officer, employee or notary public who takes advantage of his official position )in case the offender is an ecclesiastical minister, the falsification affects the civil status of a person* &ffender alters a &ffender falsifies legislative a public or official document and document such alteration changes the meaning of the document
*al1ifi$ation #5 "ri!ate indi!idual1 and u1e of fal1ified do$ument1 +2G6, "ar2
*al1ifi$ation #5 "ri!ate indi!idual1 and u1e of fal1ified do$ument1 +2G6, "ar6.
The offender is a The offender is private individual any person or a public officer or employee who does not take advantage of his position
&ffender falsifies a public, official or commercial document
&ffender falsifies private document
a
Camage or intent The falsification to cause damage is must cause damage or at N%T necessary least there was an intent to cause damage N%TE: If falsification is committed as a means to commit other crimes )e.g. estafa, theft or malversation* the crimes form a comple! crime. &%WEVER, this applies only to public, official or commercial documents. There is no comple! crime when it is a private document because damage or intent to cause it is an essential element.
U1in/ fi$titiou1 name +2G, "ar 2.
9lement of publicity must be present The purpose is to counsel a crime, evade an e!ecution of a udgment or cause damaged to public interest *al1e te1timon5 in a $riminal $a1e a/ain1t defendant +2.
Con$ealin/ true name +2G, "ar6.
E1tafa +.82?, 1u#di!i1ion6, "ara.
9lement of publicity need not be present 9lement of publicity The purpose is to cause need not be present the damage purpose is merely conceal one’s identity
*al1e te1timon5 in a $riminal $a1e fa!ora#el to t4e defendant +22.
*al1e te1te1mo nie1 in $i!il $a1e1 +26.
*al1e te1timon 5 in ot4er $a1e1 and "er;ur5 +28.
%fferin/ fal1e te1timon5 in e!iden$e +2>.
There is a There is a The The There is a criminal criminal testimony testimony udicial proceeding proceeding is given in is under proceeding a civil oath but case N%T in a udicial proceedin g Cefendant #onviction or must be ac'uittal of sentenced at the last to a defendant is correctional N%T penalty, a necessary, it fine or must is sufficient ac'uitted that the defendant is prosecuted for a felony &ffender knows the falsity of the witness, presented him and the latter testified falsely
WIT&%UT IN(UCEMENT.
If there is inducement, (rts (rts.. 1>G Q 1>$ in relation to (rt. E par. will apply Infrin/ement Trademar<1 +2.
of
Unfair $om"etition +2.
8imited range, so one who fails to establish the e!cl e!clus usiv ive e prop proper erty ty righ rightt whic wh ich h is esse essent ntial ial to the the vali validi dity ty of a trad tradem emar ark, k, may may yet yet obtai obtain n reli relief ef on the ground of unfair competition The offended offended party here has iden identi tifi fied ed pec peculia uliarr 15m# 15m#ol ol or mar< mar< with his good goods s and and ther thereb eby y has has ac'uired a property right in such symbol or mark &ffender was the tradema trademark rk or trade trade name name of another manufacturer or dealer and sells his goods on which on which the the trademark is affi!ed
2roader and more inclusive
The offended offended party has identified identified in t4e oods he mind of t4e "u#li$ the good manufact manufacture ures s are deals in from those of other others, s, wh whet ethe herr or not not a mark mark or trade trade name name is empl employ oyed ed,, and and has has a prop proper erty ty manufacturer or dealer and sells the same. &ffe &ffen nder der give gives s his his good good the the gene generral app appearanc ance of the goods ods of ano another manuf manufact actur urer er or clean cleanse serr and and sell sells s the the same.
nowin/l5 renderin/ un;u1t ;ud/ement ;ud/ement +6>.
7ud/ment 7ud/ment rendered t4rou/4 ne/li/en$e +6?.
Un;u1t interlo$utor5 order +6D.
Mali$ Mali$iou iou1 1 dela5 dela5 in t4e admini1tration of ;u1ti$e +6G.
&ffend &ffender er is a udge The udgmental udgmental is unust and that udge knows knows that it is unust
&ffen ffende derr is a udge The udgment udgment is manife1ted unust and due to his ine!cusable negli neglige genc nce e or ignorance
&ffe &ffend nder er is a udge udge
&ffe &ffenG nGde derr is a udge The delay is caused with with deli#erate inflic ictt intent to infl damage damage on either either party
Be knowingly rendered an unust interlocutor interlocutory y order or rend render ered ed one one manife manifestl stly y unust unust through in e!cusable negligence of ignorance
(ire$t +62.
Bri#er5
(greem (greement ent betwee between n the the offi office cerr and and the the give giverr of the the gift gift or present &ffe &ffend nder er agre agrees es to perfor perform m or perform performs s act act or refr refrai ains ns from from doing something because of the gift to promise
Indire$t Bri#er5 +622.
Anti-raft and Corru"t Pra$ti$e1 A$t +RA 82.
o agreement
It is not necessary that the the offi office cerr shou should ld do any any part partic icul ular ar act act or even promise to do an act as it is enough that he accepts gifts offered to him by reason of his office
In par. )a*, it is N%T re'uired that there is a re'uesting re'uesting or receiving receiving of any gift, gift, pres presen entt or benefit. benefit. In par. par. )b*, )b*, the the public officer re'uesting or receiving has to intervene under the law in any contract or transaction between the gove govern rnme ment nt and and any any other party. In par. par. )c*, )c*, the the publ public ic offi office cerr re'u re'ues esti ting ng or receiving is in connection with securing or obtaining a govern governmen mentt permit permit or license.
;nder the nd The act here is not paragraph of (rt. 1G, un;u1t the act e!ecuted mu1t #e un;u1t
Pro4i#ited tran1a$tion1 +62?.
Po11e Po11e11 11io ion n of "ro4i#ited inte intere re1t 1t #5 a "u#l "u#li$ i$ offi offi$e $er r +62D.
&ffend &ffender er is an appointive public officer
&ffender is a (ny publ public ic offi office cerr public offi offic cer who has an offi offici cial al duty duty to interv intervene ene in the contract or business
Be becomes interested, directly or indi indire rect ctly ly,, or any transaction
Be is directly or indirectly interested in any contract or business in which e0$4 e0 $4an an/e /e of it was his official duty to intervene 1"e$ulation
AntiAnti-r raft aft and and Corru"t Pra$ti $ti$e1 A$t A$t +RA 82, "ar / and 4.
Anti- Anti-raft raft and Corru"tion Pra$ Pra$ti ti$e $e1 1 A$t A$t +RA +RA 82 82,, "ar "ar 2.
ubli ublic c appearance appearance who is a member of a boar board, d, pane pane or group which e!ercises discre discretio tion n in the appr approv oval al of any any tran trans sacti action on or act In par. )g* the Cirectly or pubic officer indirectly ente enters rs into into ( ( becoming transaction inte intere rest sted ed,, for for manif anifes estl tly y and and pers person onal al again again,, grossly or having disadvantageous material material interest interest
to the government, weathe atherr or not not the public public officer officer will profit. In par. ar. )h*, the the public officer directly or indirectly has financial or pecuniary interest in a business, contract or transaction transaction which is proh prohib ibit ited ed by the constitution constitutional al any law
in any tran trans sacti action on or act re'uiring the approval of such boar board d pane panell or group.
Mal!er1atio n of "u#l "u#li$ i$ fund1 or "ro"ert5 +62G.
*ailure *ailure of a$$ounta# le offi offi$e $er r to rende render r a$$ount1 +62.
*ailure of a re1"on1i#le offi$er to render #efore lea!in/ lea!in/ t4e $ountr5 +62.
Ille Ille/a /all u1e u1e of "u#li$ fund1 or "ro"ert5 +66.
*ailure to ma<e deli deli!e !er5 r5 of "u#li$ fund1 or "ro"e "ro"ert5 rt5 +662.
a* The public officer appropriat es publ public ic fund unds or property
The public offi fficer is re'uired by law or reputation render accounts to the #ommissio n on (dult, or to a provincial auditor and he fail fails s to do so for a period of such accounts render accounts to the #ommissio n on (udit, or to a provincial auditor and he fail fails s to
The public offi office cerr has has unlawfully left the hilippines without securing from cure from the commission on (udit a certificate showing that his account accounts s have have finall finally y settled without securing from #ommission on (udit a certificate showing that his account accounts s have ave been finally settled.
The public officer applied a publ public ic fund fund or prop proper erty ty to a public use other than that for whic wh ich h such such has been approach approach by law of ordinance ordinance to a publ public ic use use othe ther than than that to which such has been appropriated by law or ordinance
ublic ublic officer officer
b* The public public offic officer er takes takes or misappropriat e a public funds of property c* The publ public ic officer consents or through abandon ment or negligenc e, permits any other other pers person on to take such such
MALICI%USL 3 *ail mali$iou1l5 fail1 to ma<e a<e "la "lan
payment when he is under obligation make sure payment from government buy here refuses to make delivery even even thoug though h ordered by competent auth author orit ity y to property o him payment payment when he is under oblig obligati ation on to make such
public do so for a funds or period of property months after such d* The public accounts officer is should be other wise rendered guilty of the misapprop riation or malversati on of such funds or property.
payment from government funds in his possession, or the refuses to make delivery even though ordered by competent authority to deliver in his custody administratio n
Re!elation of 1e$ret1 #5 an offi$er +66.
Pu#li$ offi$er re!ealin/ 1e$ret1 of "ri!ate indi!idual1 +68.
The secret affects public interest Camage interest
is
caused
U1ur"ation of le/i1lati!e "ower1 +68.
to
The secret is that of a private individual and public revelation is N%T re'uired public Camage is N%T necessary
U1ur"ation of U1ur"ation e0e$uti!e fun$tion1 ;udi$ial +6>. +6>2.
off fun$tion1
&ffender is an &ffender is a udge &ffender is an officer of e!ecutive or udicial the e!ecutive branch of officer the government a* makes a* assumes a power a* assumes general rules or pertaining to the udicial powers regulations e!ecutive authorities beyond the scope b* obstructs of his authority b* obstructs the the e!ecution of any e!ecutive authorities order or decision b* attem in the lawful e!ercise rendered by any pts to repeal a of their powers udge within his law urisdiction c* suspe nds the e!ecution thereof
Parri$ide +6>D.
(eat4 under e0$e"tional
Murder +6>.
&omi$ide +6>.
Infanti$ide +6??.
$ir$um1tan$e 1 +6>G.
&ffender is AN3 person
&ffender is a &ffender is &ffender is legally married AN3 AN3 person person or a person parent The The deceased The The decrease deceased is or victim of deceased was killing the father, serious physical was killed without me mother, or inury is the with the attendance of child spouse or presence any of eh whether daughter of the of 'ualifying legitimate accused and his 'ualifying circumstance or paramour aggravatin s of murder, illegitimate, g parricide or or a circumstan infanticide legitimate ces other ascendant or other descendant, or the legitimate spouse of the accused Intentional A#ortion +6?D.
Unintentional A#ortion +6?G.
&ffender is AN3 person The decreased is a child which was less than $ days of age
A#ortion "ra$ti$ed #5 t4e woman 4er1elf #5 4er "arent1 +6?.
A#ortion "ra$ti$ed #5 a "451i$ian or midwife and di1"en1in/ of a#orti!e1 +6?.
The offender is The offender is The offender the N%T the may be N%T pregnant pregnant woman woman a* a pregnant woman
The offender must be a physician or midwife
b*
Intent to commit abortion 5ay of commission+ a* sing
any of her parents, with her consent, but he purpose must be to conceal her dishonor intent to Intent to commit Intent to commit N% commit abortion abortion abortion 5ay commission+
u Intentional violence
of
5ay commission+ (ny method
is
of 5ay commission+
of
The physician or midwife takes
violence
e!erted
advantage of his or her scientific knowledge or skill
b* a cting without using violence, without the consent of the pregnant woman c* a cting with the consent of the pregnant woman Mutilation +6D6.
Seriou1 P451i$al In;urie1 +6D8
Le11 Seriou1 P451i$al In;urie1 +6D?.
Sli/4t P451i$al in;urie1 and Maltreatment +6DD.
The mutilation The purpose is to The purpose is to The purpose is to of organs inflict inury inflict inury inflict inury necessary for generation or any other part of the body must be for t4e
"ur"o1e
of depriving the victim of the part of his body a* Mi a* ctim becomes insane, imbecile, impotent or blind b* Mi ctim loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a b* leg, or loses the use of any
Mictim is a* Mictim is incapacitated incapacitated for labor for for labor from 1G days or 1 = days, or more )but re'uired not more medical than $G attendance days*, or during the needs same period medical attendance b* Mictim was for the same not prevented period of form time engaging in his habitual The physical work or did inuries must not re'uire not be those medical
such member, or becomes incapacitated for the work in which he c" was therefore habitually engaged c* Mi ctim becomes deformed, or loses any other member of his body, or loses the use thereof, or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than =G days d* Mi ctim becomes ill or incapacitated for labor for more than $G days )but must not be more than =G days
described in the preceding articles
attendance
?ualified less serious physical inuries )1* there is a manifest intent to insult or offend the inured person" )* there are circumstance adding ignominy to the offense" )$* victim is the parent, ascendant, guardian, curator or teacher of the offender" )%* offended party is a person of rank or a person in authority provided the crime is N%T direct assault
c* Mictim was illtreated by deed without causing any inury
P451i$al In;urie1
Attem"ted &omi$ide
&ffender inflicts physical inuries
(ttempted homicide may be committed even without physical inuries &ffender has an intent to kill the offended party
&ffender has not intent to kill the offended party idna""in/ and Seriou1 Ille/al
Sli/4tl5 Ille/al (etention
Unlawful Arre1t +6D.
or
idna""i n/ and *ailure
*ru1trated
Sla!er5 +6G6.
(etention +6DG.
+6D.
&ffender is a private individual
&ffender is a private individual
&ffender is AN3 person
&fficer kidnaps or detains another, or in any manner deprives the latter of his liberty &ffender kidnaps or detains another, or in any manner deprives the latter of his liberty The act of kidnapping is illegal
&ffender kidnaps or detains another, or in any manner deprives the latter of his liberty
urpose of the offender is to deliver him to the proper authorities
The act detention kidnapping illegal
Return a Minor +6G
of The arrest or or detention is is not authoried by law circumstances no reasonable ground thereof
The following The circumstance circumstances are present+ in kidnapping and serious a* it lasts for illegal more than $ detention is not days present b* It is committed simulating public authority c* (ny serious physical inuries are inflicted upon the victim or threats to kill him are made
&ffender &ffender is is AN3 entrusted person with the custody of minor person &ffender The deli#erat purpose to el5 fails is to restore enslave the said the minor to victim his parents or guardians
d* Mictim is a minor, female, or a public officer Sla!er5 +6G6.
W4ite Sla!er5 +8>2.
#rime against ersonal 8iberty and Security &ffender purchases, sells, kidnaps or detains a human being
#rime (gainst #hastity
urpose is to enslave
&ffender either engages in the business of prostitution, profits by it, or enlists the series of women urpose is for prostitution
A#andonin/ a minor +6GD.
A#andonin/ a minor #5 a "er1on entru1ted wit4 4i1 $u1tod5@ Indifferen$e of "arent1 +6GG.
#ustody of the offender is stated in general
#ustody of the offender is specific, that is the custody for rearing or education of the minor Hinor is under 1 years of age Hinor is delivered to a public institution or other person
Hinor is under E years of age Hinor is abandoned in such a way as to deprive him of the care and protection that his tender years need
ra!e T4reat1 +66.
Li/4t T4reat1 +68.
Threatening another with infliction upon his person, honor, or properly or that of his family of any wrong Such wrong amounts to a crime
&ffender makes a threat to commit a wrong
(cts+ a* a demand for money and any condition is imposed even though not unlawful and the offender attains his purpose b* the offender does not attain his purpose the c" threat is not subect to a condition but it must be deli#erate
%t4er +6?.
Li/4t
T4reat1
The wrong doe1 not Threats under par. $ here is constitute a crime similar to light threats because the harm threatened to be committed is N%T a crime. 2ut the difference is that here, there is no demand, for money or no condition is imposed or the threat is not deliberate (cts+ Threats under par. here is the same as the $rd form of a* a grave threats because the demand for money harm to be committed is a and any other crime. But it 14ould #e condition is made in t4e 4eat of imposed even an/er though not unlawful and the offender attains his purpose b* the offender does not be subect to a condition
ualified tre1"a11 to dwellin/ +6.
%t4er form1 of tre1"a11 +62.
&ffender is a private person &ffender enters a dwelling house
&ffender is AN3 person &ffender enters closed premises or fenced estate lace entered is inhabited lace entered is uninhabited The act constituting the crime is The act is entering the closed entering the dwelling against the premises or the fenced estate will of the owner without securing the permission of the owner or caretaker thereof rohibition to enter is e!press or rohibition to enter mu1t #e implied manifest ra!e Coer$ion +6D.
Li/4t Coer$ion +6G.
%t4er 1imilar $oer$ion +6, "ar2.
%t4er 1imilar $oer$ion +6, "ar 6
Coer$ion affe$tin/ la#or $a"ital +6.
&ffender is any person that restrains the will and liberty of another and who has no authority or the right to do so &ffender prevented another from doing something not prohibited by law or that he compelled him to do something against his will be it right or wrong
&ffender is a creditor who seies anything belonging to his debtor
&ffender is any person, agent or officer of any association or corporation which has employed employees
&ffender pays the wages due an employee by means of tokens or obects other than legal tender
&ffender is AN3 person
&ffender forces or compels, directly or indirectly, or knowingly permits to be forced or compelled any employee to purchase merchandise of any kind from the
The employee or laborer doe1
&ffender employs violence or not threats in such a e0"re11l5 re'uest than degree as to the paid by compel or means of force the tokens or laborers or obects employers in the free and legal e!ercise of their industry or work
corporation The prevention or compulsion be effected by violence, threats or intimidation
ra!e Coer$ion +6D.
The seiure of the thing be accomplish ed by means of violence or a display of material force producing intimidatio n urpose of the offender is to apply the same to the payment of the debt
Ille/al (etention +6DG.
&ffender may have any other purpose
The purpose of the offender is clear and it is deprivation of liberty
&ffended is AN3 person
(i1$o!erin/ 1e$ret1 t4rou/4 1eiure of $orre1"onden$e +6.
&ffender
urpose is to organie, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers
is
a
Maltreatment of Pri1oner1 +68?.
E0e$ution of (eed1 #5 mean1 of Violen$e or Intimidation +6.
The offender is a public officer who must have actual charge of the prisoner &ffended party is a prisoner
&ffender has an intent to defraud another
Re!ealin/ 1e$ret1 wit4 a#u1e $onfiden$e +62.
private &ffender
is
&ffended party is under N%T obligation to sign, e!ecute or deliver the document under the law, but the offender makes him thorough violence or intimidation
Re!ealin/ of indu1trial 1e$ret1 +66. of
a
&ffender is a person in-
individual or even a public officer N%T in the e!ercise of his official function
manager, employee servant
&ffender seies the papers or letters of another for the purpose of discovering the secrets of such person
&ffender learns the secrets of his principal or master in such a capacity &ffender reveals &ffender reveals a such secrets 1e$ret of t4e indu1tr5 and "re;udi$e is caused to the owner
&ffender is informed of the contents of the papers or letters signed
or
Ro##er5 +6>-8?.
charge employee or workman of a manufacturing or industrial establishment
T4eft +8-822.
Taking of personal property belonging to another Taking of personal with intent to gain by means of+ property belonging to another with intent to gain and wit4out t4e latterH1 $on1ent Violen$e a/ain1t or intimidation of "er1on1
*or$e u"on t4in/1
If this is employed, the taking of personal property belonging to another is always robbery
The taking is robbery %NL3 if the force is used either to enter the building or to break doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building Malue of the property Malue of the property taken is immaterial taken is considered
Ro##er5 +6> J 8?. Wit4 &omi$ide +6>.+ Intent to
(i1tin/ui14ed from ot4er $rime1 &omi$ide +6>.+ To kill is the main
gain is the main purpose
purpose
T4ru Intimidation +6>.+
T4reat1 to e0tort mone5 +66. +
a* There is intimidation and the purpose is to obtain gain
a* There is intimidation and the purpose is to obtain gain
b* Intimidation actual and immediate
is
b" Intimidation is conditional or future, that is, N%T immediate
c* personal
is
c*
Intimidation
Intimidation
may
be
made through an intermediary d* Intimidation is directed only to the person of the victim
d* Intimidation may refer to any person, honor or property of the offended party or that of his family
e* 4ain of the culprit is immediate
e"
4ain of the culprit is
N%T intent to gain ra!e Coer$ion +6.+
Wit4 Violen$e+6>.+
a* There is violence used by the offender
a* There is violence used by the offender
b* gain
b" gain
There is intent to
There is N% intent to
Ro##er5 +6> J 8?.
Bri#er5 +62.
5hen the victim did not commit a crime and he is intimidated with arrest andJor prosecution to deprive him of his personal liberty Mictim is deprived of his money or property by force or intimidation
5hen the victim has committed a crime and gives money or gifts to avoid arrest or prosecution
Ro##er5 wit4 for$e u"on t4in/1 +6 J 8?.
T4eft +8 J 822.
If a false key is used to enter a building, it is robbery
If the false key or picklock was used to open a door in1ide the building, then it is only theft. 2ut if the room opened is a separate dwelling place, it may give rise to robbery If a false key is used to open a wardrobe, locked receptacle or drawer, it is merely theft.
It is robbery when a wardrobe, locked receptacle or drawer is broken to get a property inside
Ro##er5 wit4 for$e u"on t4in/1 +6 J 8?.
The locked or sealed receptacle is forced open in the building where it is kept or taken therefrom to be broken outside
Mictim pats with his property /voluntarily0
E1tafa +82?.
money
or
T4eft +8 J 822.
( person opens by ( locked receptacle is force certain locked found on the side receptacle w4i$4 4a1 street and forcibly and the #een $onfided into opened 4i1 $u1tod5 and takes contents thereof taken the money contained therein.
B5 mean1 of fireF
B5 mean1 e0"lo1ionF
of
B5 mean1 derailment of lo$omoti!eF
of a
B5 mean1 of "oi1onF
5hen the 5hen a person uses 5hen property is crime is Ar1on a hand grenade to damaged as a result of )$G and C create an e!plosion, the derailment of a D1$ as the is receives one locomotive, the crime &ffender takes the crime &ffender the &ffender takes the amended by that involves committed is damage to locked receptacle thing from the locked receptacle 3( ED6=*, destruction )$%* without thethis owner’s offended party means without the ofowner’s is not an communication )$$G* consent with force consent aggravating upon things circumstance, since it is inherent in the crime %$$u"ation of real "ro"ert5 T4eft or Ro##er5 5hen 5hen e!plosion 5hen derailment of a 5hen or u1ur"ation of realan ri/4t1 something is is used for the locomotive is used for poison is and "ro"ert5 +826. set on fire purpose of orkilling purpose of killing used for There is foroccupation Therethe is taking or asportation the purpose of another person, this another person, this the usurpation killingproperty another,orbecomes a becomes a is9ualif5in/ purpose of 3eal real right is ersonal property involved this becomes a 9ualif5in/ killing a//ra!atin/ involved in another 9ualif5in/ a//ra!atin/ $ir$um1tan$e in accordance with (rt. person, this a//ra!atin/ $ir$um1tan$e with %>, par. $ becomes a $ir$um1tan$e accordance in accordance (rt. %> par. $ 9ualif5in/ with (rt. %>, a//ra!ati par. $ n/ $ir$um1ta in n$e
accordance with (rt. %>, par. $ 5hen the crime committed is (rson, and someone is killed in the process, but there was not intent to kill, this is still not considered an aggravating circumstance, but the penalty would be reclusion perpetua to death in accordance with C 1D1$ 5hen someone is killed, and then the house is set on fire, there are two
5hen the crime committed is one involving destruction, and someone is killed in the process, but there was no intent to kill, the crime is still destruction and this circumstance is inherent in that offense. Bowever, the penalty would be death
5hen the crime committed is one involving derailment of a locomotive, and someone is killed in the process, but there was no intent to kill, there is a comple! crime of damage to means of communication with homicide )or murder*
5hen someone is killed, and then an e!plosion is done, there are two
5hen someone is killed, and derailment of a locomotive is done after the killing, there are
1e"arate
two 1e"arate $rime1
1e"arate $rime1
of destruction and of derailment of murder )or locomotive and murder homicide* )or homicide*
of arson and murder )or homicide* This becomes an aggravating circumstance when %NL3 there is
$rime1
This becomes an This becomes an aggravating aggravating circumstance %NL3 circumstance %NL3 when there is when there is another another aggravating
This becomes an aggravatin g
E1tafa #e mean1 of de$eit +82?, 1u#di!i1ion 6 8.
Mal!er1ation +62G.
@unds or property are always private &ffender is a private individual or public officer who is not accountable for public funds or property #ommitted by misappropriating, converting or denying having received money, goods or other personal property
;sually public funds or property
E1tafa #e mean1 of de$eit +82?, 1u#di!i1ion 6 8.
BP 66
&ffender is usually a public officer who is accountable for public funds or property #ommitted by appropriating, taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property
&ffender postdated a check, or Here act of issuing a check is issued one in payment or an punished not the non-payment of an obligation. obligation It can’t apply to guarantees Hay apply to a guarantee Camage or preudice is caused Camage is N%T an essential element
E1tafa #5 remo!in/, $on$ealin/, or de1tro5in/, in w4ole or in "art, an5 $ourt re$ord, offi$e file1, do$ument1 or an5 ot4er "a"er1 +82?, No 8 +$..
Infidelit5 in t4e do$ument1 +66D.
$u1tod5
of
&ffender is a private individual &ffender is a public officer who is or even a public officer who is officially entrusted with the not offi$iall5 entru1ted with documents the documents There is an intent to defraud Intent to defraud is N%T necessary
Adulter5 +888.
Con$u#ina/e +88>.
&ffender is a married woman
&ffender is a married man
A$t1 of La1$i!iou1 ne11 +88D.
Ra"e +6DD J A.
Un;u1t Ve0ation +6G, "ar 6
A$t1 of La1$i!iou1n e11 wit4 t4e $on1ent of t4e offended "art5
(cts of the offender do not clearly indicate that he wants to lie with the offended woman
(cts There are performed acts of N% by the lasciviousne offender ss
(cts of the offender do not clearly indicate that he wants to lie with the offended woman
8ascivious acts are themselves the final obective of the offender The acts are committed under circumstanc es which had there been carnal knowledge, would amount to ra"e
$learl5 indi$ate
that his purpose was to lie with the offended woman 8ascivious acts are but the preparatory acts to the commission of rape
ualified or Sim"le 1edu$tion +8GG 88.
8ascivious acts are themselves the final obective of the offender The acts are committed under circumstance s which had there been carnal knowledge,
In 'ualified seduction, there abuse of confidence, of authority or relationship . In simple would amount to seduction there must eit4er 9ualified or be deceit 1im"le 1edu$tion.
There is not se!ual
#onsent is present but there must be either abuse of confidence, of authority, relationship or deceit There is no There se!ual se!ual
is
intercourse
*or$i#le A#du$tio n +8>6.
ra!e Coer$ion +6D.
&ffended party must be a woman
&ffended party be AN3 person
Corru"tion of Minor1 +8>.
intercourse
intercourse
A$t1 of La1$i!iou1ne 11 +88D.
Con1ented A#du$tion +8>8.
&ffended &ffended &ffended party must party maybe party must be a minor be over 1 AN3 person and under 1> years of age and was taken away with her consent after solicitation or caolery from the offender There is There is N% There is N% There is an There is an an lewd design lewd design element of element of element lewd designs lewd designs of lewd designs It is 8echerous enough acts must that have libidinous a$tuall5 designs been may e!ist, committed actual commissio n of acts of lascivious ness is N%T
necessary Bi/am5 +8>.
That a legally married offender contracts a subse'uent marriage which has all the essential
Marria/e $ontra$ted a/ain1t "ro!i1ion1 of law1 +8?.
Premature marria/e1 +8?2.
That the offender The offender may knew at the time of either be+ marriage that re'uisites of the law a* a were not complied woman who with or the marriage married within was in disregard of a $G1 days from legal impediment the date of the
Adulter5 or Con$u#ina /e +888 or 88>.
re'uisites for validity when the 1st marriage has not been legally dissolved or in case of an absent spouse, such spouse could not yet be presumed dead
#rime against civil status of persons
death of her husband, or before having delivered is she is pregnant at the time of his death
#rime against civil status of persons
b* a woman who, her marriage having annulled or dissolved, married before her delivery or before the e!piration of the period of $G1 days after the date of the legal separation #rime against civil #rime status of persons against #hastity, 1o it i1 a di1tin$t offen1e
Li#el +8?8.
Slander +8?.
( public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or uridical person, or to blacken the memory of one who is dead
Slander #5 deed +8?.
The offended party suffered from shame or
Maltreatment +6DD, "ar 8.
o dishonor was caused
&ral defamation
Un;u1t Ve0ation +6G, "ar 6.
A$t1 of La1$i!iou1ne11 +88D
CRIMINAL LAW, defined .
It is that branch or division division of municipal municipal law which defines defines crimes, crimes, treats of their nature, and provides for their punishment. Nature of Criminal Law: SUBSTANTIVE LAW---it defines the State’s right to inflict punishment and the 1. liability of the offenders. 2. PUBLIC LAW---it deals with the relation of the individual with the state. CRIME, defined
It is an act committed committed or omitted omitted in !iolation of a "u#li$ law forbidding or prohibiting it. The state has the authority, authority, under its P%LICE P%WER, to define and punish crimes and to lay down the rules on procedure. •
P&IL%S%P&IES CLASSICA L
1. the basis of criminal liability is and human free will and the purpose of the penalty is retribution
P%SITIV IST
1. That man is subdued occasionally by a
MI'E() ECLECTIC 1. This combines both positivist and thinking. classical thinking.
strange and and morbid phenomeno phenomenon n
which constrains him to do wrong in spite of or contrary . That man is essentially a moral creature with an absolute absolute free will to choose between good and evil ,
thereby placing more stress upon the effect or result result of the felonious act done upon the man, the criminal himself .
to his volition. . That crime is essentially essentially a social and natural phenomeno phenomenon n, and as such, it cannot
be treated and checked by the
. #rimes that are economic and social in nature should be dealt with in a positivist positivist manner manner , thus the law is more compassionate.
application application of abstract principles principles of law and jurisprudence or by the imposition of a punishment punishment , fi!ed
and determined a priori" BUT RATHR through the enforcement of individual individual measures in each particular particular case. case.
$. It has endeavored to establish a
$. Heinous crimes should be dealt with in a
LIMITATI%NS IN T&E ENACTMENT %* PENAL LAWS +EB-CUE.:
1. must be /eneral in a""li$ation . &therwise &therwise,, it would would violate the Penal laws must e'ual protection clause of the constitution. 2.
Penal laws must N%T partake of the nature of an e0 "o1t fa$to law .
(n e0-"o1t fa$to law is one which ) MACAAd(*+ • !akes criminal an act done before the passage of the law and which was innocent innocent when done, and punishes such an act. • Aggravates than it was, when committed. Aggravates a crime, or makes it greater than • and inflicts a greater punishment than than the law anne!ed to "hanges the punishment and the crime when committed. • Alters Alters the legal rules on evidence, and authories conviction upon less or different testimony than the law re'uired at the time of the commission of the offense. • Assu Assumin ming g to regula regulate te civil civil rights rights and remedies only in effect imposes penalty or for something which when done was lawful d eprivation eprivation of a right for #eprive eprives s a person person accused accused of a crime crime some lawful lawful protecti protection on to which which he has become entitled, such as the protection of a proclamation of amnesty. •
3.
enal laws must N%T partake of the nature of a #ill of attainder. • which inflicts inflicts punishment punishment without without trial. BILL %* ATTAIN(ER ATTAIN(ER. It is a legislative act which Its essence is the substitution of a legislative act for a udicial determination of guilt.
4. enal laws must N%T impose $ruel and unu1ual punishment or e0$e11i!e fine. C&ARACTERISTICS %* CRIMINAL LAW 2 ENER ENERAL ALIT IT3 3
/enal laws and those of public security security and safety shall be obligatory obligatory upon all who live or soourn in hilippine territory, subect to the principles of public international law.0 )(rticle 1%, ew #ivil #ode* •
It a""lie1 to all persons within the country re/ardle11 of their race, belief, se!, or creed.
•
$"%T&'()
1. By virtue of the principles of public international law, like *+"A%R"-. • So!erei/n and other $hief of state. • Ambassadors, ministers "lenipotentiary, ministers resident, and $harges d’affaires. •
.2. Con1ul1 are N%T di"lomati$ offi$er1 . This includes consul general, vice-consul or any consul consul in a foreign foreign country, country, who are therefor therefore e N%T immune to t4e o"eration or a""li$ation of t4e "enal law of t4e forei/n w4ere t4e5 are a11i/ned 2. Law of Preferential Application •
It is ('T applicable applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE %* RECIPR%CIT3 . 6 TERRIT%RIALIT3
#rim #rimin inal al laws laws under underta take ke to "uni14 "uni14 $rime1 $rime1 $ommitt $ommitted ed wit4in wit4in P4ili"" P4ili""ine ine territor5 territor5. enal laws of the country have for$e and effe$t onl5 wit4in it1 territor5 . It CANN%T penalie a crime committed out1ide t4e $ountr5
LIMITATI%NS IN T&E ENACTMENT %* PENAL LAWS +EB-CUE.:
1. must be /eneral in a""li$ation . &therwise &therwise,, it would would violate the Penal laws must e'ual protection clause of the constitution. 2.
Penal laws must N%T partake of the nature of an e0 "o1t fa$to law .
(n e0-"o1t fa$to law is one which ) MACAAd(*+ • !akes criminal an act done before the passage of the law and which was innocent innocent when done, and punishes such an act. • Aggravates than it was, when committed. Aggravates a crime, or makes it greater than • and inflicts a greater punishment than than the law anne!ed to "hanges the punishment and the crime when committed. • Alters Alters the legal rules on evidence, and authories conviction upon less or different testimony than the law re'uired at the time of the commission of the offense. • Assu Assumin ming g to regula regulate te civil civil rights rights and remedies only in effect imposes penalty or for something which when done was lawful d eprivation eprivation of a right for #eprive eprives s a person person accused accused of a crime crime some lawful lawful protecti protection on to which which he has become entitled, such as the protection of a proclamation of amnesty. •
3.
enal laws must N%T partake of the nature of a #ill of attainder. • which inflicts inflicts punishment punishment without without trial. BILL %* ATTAIN(ER ATTAIN(ER. It is a legislative act which Its essence is the substitution of a legislative act for a udicial determination of guilt.
4. enal laws must N%T impose $ruel and unu1ual punishment or e0$e11i!e fine. C&ARACTERISTICS %* CRIMINAL LAW 2 ENER ENERAL ALIT IT3 3
/enal laws and those of public security security and safety shall be obligatory obligatory upon all who live or soourn in hilippine territory, subect to the principles of public international law.0 )(rticle 1%, ew #ivil #ode* •
It a""lie1 to all persons within the country re/ardle11 of their race, belief, se!, or creed.
•
$"%T&'()
1. By virtue of the principles of public international law, like *+"A%R"-. • So!erei/n and other $hief of state. • Ambassadors, ministers "lenipotentiary, ministers resident, and $harges d’affaires. •
.2. Con1ul1 are N%T di"lomati$ offi$er1 . This includes consul general, vice-consul or any consul consul in a foreign foreign country, country, who are therefor therefore e N%T immune to t4e o"eration or a""li$ation of t4e "enal law of t4e forei/n w4ere t4e5 are a11i/ned 2. Law of Preferential Application •
It is ('T applicable applicable when the foreign country adversely affected does not provide similar protection to our diplomatic representatives, under the PRINCIPLE %* RECIPR%CIT3 . 6 TERRIT%RIALIT3
#rim #rimin inal al laws laws under underta take ke to "uni14 "uni14 $rime1 $rime1 $ommitt $ommitted ed wit4in wit4in P4ili"" P4ili""ine ine territor5 territor5. enal laws of the country have for$e and effe$t onl5 wit4in it1 territor5 . It CANN%T penalie a crime committed out1ide t4e $ountr5
em"lo5ee1, should commit an offense in the e0er$i1e %. 5hile being "u#li$ offi$er1 or em"lo5ee1 of t4eir fun$tion1" or 6. Should commit any of the $rime1 a/ain1t national 1e$urit5 and t4e law of nation1 , defined in Title &ne of 2ook two of the 3evised enal #ode.
7(3TI#89 , 3evised enal #ode: E'TRATERRIT%RIALIT3 7(3TI#89 This is the application of the 3evised enal #ode outside hilippine territory. Situation1 Situation1 w4ere a forei/n $ountr5 ma5 not a""l5 it1 $riminal law e!en if a $rime wa1 $ommitted on #oard a !e11el wit4in it1 territorial water1: a. wh when en the the cri crime me is is commi committ tted ed in in a war !e11el of a forei/n $ountr5 $ountr5, because war vessels
are part of the sovereignty of the country to those naval force they belong" b. 5hen the forei/n $ountr5 in whose territorial waters the crime was committed adopts the whic ich h appl applie ies s only only to merc mercha hant nt vess vessel el,, E'CEPT when th the $rime *RENC& *RE NC& RUL RULE E, wh $ommitted affe$t1 t4e national 1e$urit5 or "u#li$ order of 1u$4 forei/n $ountr5 *RENC& RULE---the nationality of the vessel follows the flag which the vessel flies, unless
the crime committed endangers the national security of a foreign country where the vessel is within urisdiction in which case such foreign country will never lose urisdiction over such vessel. ENLIS&) ANL%-SA'%N RULE ---this rule strictly enforces the territoriality of criminal
law. The law of the foreign country where a foreign vessel vessel is within its urisdiction is strictly applied, e!cept if the crime affects only the internal management of the vessel in which case it is subect to the penal law of the country where it is registered.
•
Com"o1ition of territor5:
urisdiction e!ercised e!ercised of a country over bodies of land, 1. TERRIT%RIAL 7URIS(ICTI%N---the urisdiction defines in the constitution. 2. *LUVIAL 7URIS(ICTI%N---the urisdiction over maritime and interior waters . 3. AERIAL 7URIS(ICTI%N---the urisdiction over the atmosphere. T4ree T4eorie1 on Aerial 7uri1di$tion:
1. %PEN SPACE T&E%R3 ---which ---which the atmosphere over the country is free and ('T sub'ect sub'ect to the 'urisdiction of the sub'acent state $"%T for the protection of its national security and public order. ---the sub'acent state e(ercises 'urisdiction '(/ to the e(tent that it 2. (ELATIVE T&E%R3 ---the can effectively e(ercise control thereof . 3. ABS%LUTE T&E%R3 ---the ---the sub'acent state has complete complete 'urisdiction 'urisdiction over the atmosphere atmosphere above it +UB0"T '(/ to innocent passage by aircraft of foreign country .
•
;nder this doctrine doctrine,, we connect connect the outmost points of our archipelago with straight baselines and waters enclosed thereby as internal waters. waters. The entire entire archipelago archipelago is regarded regarded as one integrated integrated unit instead of being fragmented into so many thousand islands. (s for our territorial seas, these are more defined according to the <amaica #onvention on the 8aw of the Seas, concluded in 1=>, in which the hilippines was a signatory. ARC&IPELA% (%CTRINE %R ARC&IPELAIC RULE
8 PR%SPECTIVIT3
( penal penal law cannot make an act punishable in a manner in which it was not punishable when committed. /5ithout preudice to the provisions contained in (rticle of this #ode, felonies and
•
$"%T&'() 5henever a new statute dealing with the crime establishes conditions more lenient or fa!ora#le to t4e a$$u1ed, it can be given a retroactive effect, in accordance with the #octrine of %roReo.
•
$"%T&'( to the $"%T&'(+
1. 5here the new law is e0"re11l5 made ina""li$a#le in pending actions or e!isting cause of action. 2. 5here the offender is a 4a#itual delin9uent. REPEAL ind1 of Re"eal:
1. ABS%LUTE %R T%TAL REPEAL---when the crime punished under the repealed law has been decriminali1ed by the same. •
#&S9?;9#9S+
1. Ca1e1 "endin/ in court involving the !iolation of t4e re"ealed law , the same shall be di1mi11ed, e!en though the accused may be a 4a#itual delin9uent. This is so because all persons a$$u1ed of a crime are "re1umed inno$ent until t4e5 are $on!i$ted #5 final ;ud/ment . Therefore, the accused shall be a$9uitted. 2. In cases already de$ided and as to those alread5 1er!in/ 1enten$e #5 final ;ud/ment, if the convict is not a 4a#itual delin9uent , then he will be entitled to a relea1e UNLESS there is a re1er!ation $lau1e in the penal law that it will not apply to those serving sentence at the time of the repeal. 2ut if there is no reservation, those who are not habitual delin'uents even if they are already serving their sentence will receive the benefit of the repealing law. They are entitled to release. 2. PARTIAL %R RELATIVE REPEAL---when the crime punished under the repealed law continues to be a crime in spite of the repeal, so this means the repeal merely modified the conditions affecting the crime under the repealed law. •
#&S9?;9#9S+
1. Pendin/ "ro1e$ution---if the repealing law is more favorable to the offender, it shall be the one applied to him. So whether he is a habitual delin2uent or not , if the case is still pending in court, the repealing law will be the one to apply UNLESS there is a saving clause in the repealing law that it shall not apply to pending causes of action. 2. A1 to t4o1e alread5 1er!in/ 1enten$e in ;ail ---even if the repealing law is partial, then the crime still remains to be a crime. Those who are not habitual delin2uents will benefit on the effect of that repeal, so if the repeal is more lenient to them, it will be the repealing law that will henceforth apply to them. 3. E'PRESS---takes place when a subse'uent law contains a provision that such law repeal was earlier enactment. Si/nifi$an$e+ if the repeal was e!press, the repeal of the repealing law will not survive the first law, so the act or omission will no longer be penali1ed.
4. IMPLIE(---takes place when there is a law on a particular subect matter but is inconsistent with the first law, such that the two laws cannot stand together one of the two laws must give way. IT IS N%T *AV%RE( Si/nifi$an$e+ If a penal law is impliedly repealed, the subse2uent repeal of the repealing law will revive the original law So the act or omission which was punished
as a crime under the original law will be revived and the same shall again be crimes
•
Violation1 of 1"e$ial law1 are mala "ro4i#ita .
If the crime is punished under a special law, if the act punished is one which is inherently wrong, the same is malum in 1e, and therefore, good faith and lac3 of criminal intent is a valid defense UNLESS it is the product of criminal negligence or culpa. MALA IN SE 1. Criminal lia#ilit5 Is based on the moral trait of t4e offender that is
why liability would only arise when there is dolo or $ul"a in $ommi11ion of t4e "uni14a#le a$t ood fait4 or la$< of $riminal intent i1 a !alid defen1e, U(++
the crime is the result of culpa. $. t4e de/ree of a$$om"li14ment of t4e $rime i1 ta<en into a$$ount in "uni14in/ t4e offender . Thus, there
are attempted, frustrated, and consummated stages in the commission of a crime. %. 5hen there are more than one offender, t4e de/ree of "arti$i"ation of ea$4 in t4e $ommi11ion of t4e $rime i1 ta<en into a$$ount of im"o1in/ t4e "enalt5 Thus offenders
MALA PR%&IBITA 1. The moral trait of t4e offender is N%T $on1idered, it is enough that t4e "ro4i#ited a$t #e !oluntaril5 done
. ood fait4 i1 N%T a defen1e . $. The act gives rise to a crime %NL3 w4en it i1 $on1ummated.
%.
Miti/atin/ and a//ra!atin/ $ir$um1tan$e1 are N%T ta<en into a$$ount in im"o1in/ t4e "enalt5 ,
because the moral trait of the offender is not considered.
are classified as principals, accomplice, and accessory. 6.
The de/ree of "arti$i"ation of an5 offender is N%T $on1idered.
Title 2 *EL%NIES AN( CIRCUMSTANCES W&IC& A**ECT CRIMINAL LIABILIT3 *EL%NIES, defined @elonies are a$t1 or omi11ion1 punishable by the Re!i1ed Penal Code. Element1 of *elonie1 in /eneral:
1. That there must be an a$t or omi11ion. 2. That the act or omission must be "uni14a#le #5 t4e Re!i1ed Penal Code . 3. That the act is performed or the omission incurred #5 mean1 of dolo or $ul"a . IN*RACTI%NS, defined
Infractions are acts or omissions punishable by an ordinan$e A$t- any bodily movement tending to produce some effect in the e(ternal world , it being unnecessary that the same be actually produced as the "o11i#ilit5 of it1 "rodu$tion i1 1uffi$ient. %mi11ion- inaction, the failure to perform a positive duty that one is bound to do. There must be a law re2uiring the doing or performance of an act . (olo - is e'uivalent to mali$e which is the intent to do in'ury to another . Element1 +C*I.: 1. Criminal intent on the part of the offender" 2. *reedom of a$tion in doing the act on the part of the offender" and
Criminal Intent, categorized into two:
2 eneral S"e$ifi$ Intent---is "re1umed from t4e mere doin/ of a wron/ a$t So this doe1 not re9uire "roof, t4e #urden i1 u"on t4e wrongdoer to "ro!e t4at 4e a$ted wit4out 1u$4 $riminal intent 2. S"e$ifi$ Criminal Intent--- it is N%T "re1umed #e$au1e it i1 an in/redient or element of a $rime, li<e intent to <ill in t4e $rime1 of attem"ted or fru1trated 4omi$ide)"arri$ide)murder . The prosecution 4a1 t4e #urden of "roof INTENT !1 (ISCERNMENT: INTENT is the determination to do a certain thing" an aim or purpose of the mind. It
is the design to resolve or the determination by which a person acts. (ISCERNMENT is the mental capacity to tell right from wrong . It relates to the moral significance that a person ascribes to his act and relates to the intelligence as
an element of dolo, distinct from intent. M%TIVE
INTENT
+eason- moving power which impels
Purpose to use a particular means to bring
one to commit an act for a definite result )state of mind*
about a desired result )not a state of mind, not a reason for committing a crime*
5hen there is motive in the commission of a crime, it always
If
comes before intent. But a $rime ma5#e $ommitted wit4out moti!e
manifested by the instrument used by the offender.
intentional,
a $rime $annot #e Intent is $ommitted wit4out intent
Motive is relevant if:
1. 2. 3. 4. 5. 6. 7.
the identity of the accused is in uestion for purposes of defense in determining the sanity of the accused indirect assault )(rt. %=* in determining whether the shooting is intentional or not defense of strangers )(rt. 11, par. $* in determining the specific nature of the crime.
Cul"a - imprudence or negligence. Element1 +C*I.: 1. !riminal negligence on the part of the offenderAthe crime was the result of negligence,
reckless imprudence, lack of foresight, or lack of skill. 2. /reedom of action in doing the act on the part of the offenderAhe was not acting under duress. 3. #ntelligence on the part of the offender in performing the negligent act. MISTAE %* *ACT
It is the misapprehension of fact on the part of the person who caused inury to another. Be is not, however, criminally liable because he did not act with criminal intent. Re9ui1ite1 of mi1ta<e of fa$t a1 a defen1e: 1. That the act done would have been lawful had the facts been as the accused believed them to be. a. That the intention of the accused in performing the act be lawful
Mistake of Fact vs. Mistake of Ientit!
In mistake of fact , there is %$ criminal intent + while in mistake of identity , there is criminal intent , only it is directed at the wrong person in the belief that he was the proper obect of the crime. 5here an unlawful act is willfully done , a mistake in the identity of the intended victim !A%%$" be considered e(empting, &3 can it be considered reckless imprudence.
(rticle % Criminal Lia#ilit5
#riminal liability shall be incurred+ 1. 2y any person committing a felony)delito* although the wrongful act done be different from that which he intended" 2. 2y any person performing an act which would be an offense against persons or property, where it not for the inherent impossibility of its accomplishment or on account of the employment of an inade'uate or ineffectual means. PR%'IMATE CAUSE, defined
Is that cause which sets into motion other causes and which, unbroken by any efficient supervening cause, produces a felony, without which such felony could not have resulted. o
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( pro(imate cause is %$" necessarily the immediate cause . This may be a cause which is far and remote from the conse'uence which sets into motion other causes which resulted in the felony. In criminal law, as long as the act of the accused contributed to the death of the victim, even if the victim is about to die , he will still be liable for the felonious act of putting to death that victim.
Felon! is t"e #ro$imate ca%se &"en:
1. There is an active force that intervened between the felony committed and the resulting in'ury, and the active force is a distinct act or fact absolutely foreign from the felonious act of the accused" or 2. The resulting in'ury is due to the intentional act of the offended party . Wron/ful a$t done #e different from w4at wa1 intended: Aberratio &ctus4 !ista3e in the Blow •
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( person directed the blow at an intended victim but because of poor aim, that blow landed on somebody else. The intended victim as well as the actual victim is both at the scene of the crime. It generally gives rise to a C%MPLE' CRIME - that being so, the penalty for the serious crime is imposed in the ma!imum period. The only time when comple! crime may not result is when one of the resulting felonies is LI&T *EL%N3
rror in %ersonae4 !ista3e in &dentity •
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The intended victim was not at the scene of the crime. It was the actual victim, upon whom the blow was directed, but he was not the intended victim, there was really a mistake in identity. It is mitigating if the crime committed is different from that which is intended. If the crime committed is different from that which was intended, error in personae does not affect the criminal liability of the offender.
#riminal liability is incurred by any person committing a felony, not merely performing an act. the person is still criminally liable even if there is a mistake in the identity of the victim)error in personae* Pp vs. $anis 1 Phil 2314 when there is mistake in the blow)aberration ictus*" the inurious result is greater than that intended)praeter intentionem* any person who creates in another’s mind an immediate sense of danger, which causes the latter to do something resulting in the latter’s inury, is liable for the resulting inuries. the felony committed must be the pro!imate cause of the resulting inury. %ro5imate cause is that cause, which in natural and continuous seuence, unbroken by any
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efficient intervening cause, produces the in'ury, and without which the result would not have occurred. ) Bataclan vs. 5edina 062 Phil 070 *
3e'uisites of paragraph 1+ a. (n intentional felony has been committed, b. The wrong done to the aggrieved party be the direct, natural, and logical conse'uence of the felony committed by the offender. IMP%SSIBLE CRIME, defined
Is an act which would be an offense against person or property were it not for the inherent impossibility of its accomplishment or on account of the employment of inade'uate or ineffectual means. Re'%isites:
1. The act performed would be an offense against persons or property " 2. The act was done with evil intent " 3. Its accomplishment is inherently impossible or that the means employed is either inadeuate or ineffectual " 4. The act performed should N%T constitute a violation of another provision of the +P!. I1 t4ere reall5 an im"o11i#le $rime= &bectively, the offender has N%T committed a felony.
Subectively, however, he is a criminal" hence, the law punishes the impossible crime because of the criminal propensity or tendencies of the perpetrator.
Nature of Impossibiit!: 2 Le/al Im"o11i#ilit5 •
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It would apply to those circumstances where+ The motive, desire, and e(pectation is to perform an act in violation of the law. 1. There is an intention to perform the physical act. 2. There is a performance of the intended physical act . 3. The conseuence resulting from the intended act does %$" amount to a crime. P451i$al Im"o11i#ilit5
&ccurs when e!traneous circumstances unknown to the actor or beyond his control prevent the consummation of the intended crime.
(rticle 6 (ut5 of t4e $ourt in $onne$tion wit4 a$t1 w4i$4 14ould #e re"re11ed #ut w4i$4 are not $o!ered #5 t4e law, and in $a1e1 of e0$e11i!e "enaltie1
5henever a court has knowledge of any act which it may deem proper to repress and which is not punishable by law+
Such statement or report as may be deemed proper, 5ithout suspending the e!ecution of the sentence, 5hen a strict enforcement of the provisions of this code would result in the imposition of
a clearly e!cessive penalty. Taking into consideration the degree of malice and the inury caused by the offense.
(rticle D Con1ummated, *ru1trated, and Attem"ted *elonie1 .
#onsummated felonies, as well as those which are frustrated and attempted, are punishable. ( felony is $on1ummated when all the elements necessary for its e!ecution and accomplishment are present" and it is fru1trated when the offender performs all the acts of e!ecution which would produce the felony as a conse'uence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attem"ted 1ta/e when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of e!ecution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Element1 of Attem"ted *elon5:
a. b. c. d.
the offender commences the commission of the felony directly by overt acts " he does %$" perform all the acts of e(ecution which should produce the felony " the offender’s act be %$" stopped by his own spontaneous desistance " the non8performance of all acts of e(ecution was due to cause or accident other than his spontaneous desistance .
Element1 of *ru1trated *elon5:
a. b. c. d.
the offender performs all the acts of e(ecution" all the acts performed would produce the felony as a conseuence " but the felony is not produced" by reason of causes independent of the will of the perpetrator .
Con1ummated *elon5: •
All t4e element1 ne$e11ar5 for it1 e0e$ution and a$$om"li14ment are "re1ent 9very crime has its own elements which must all be present to constitute a
culpable violation of a precept of law. *ru1trated felon5 di1tin/ui14ed from attem"ted felon5
1. In both, the offender has accomplished his criminal intent " 2. 5hile in fru1trated felon5, the offender has performed all the acts of e(ecution which would produce the felony as a conseuence, in attem"ted felon5 the offender merely commences the commission of a felony directly by overt acts and does not perform all the acts of e(ecution . In other words, in fru1trated felon5, the offender has reached the ob'ective phase " in attem"ted felon5, the offender has not passed the sub'ective phase . 3. In fru1trated felon5, there is %$ intervention of a foreign or e(traneous cause
between the beginning of the consummation of the crime and the moment when all
2. 2ut while in im"o11i#le $rime, the evil intent of the offender cannot be accomplished" in attem"ted or fru1trated felon5 the evil intent of the offender is possible of accomplishment . 3. In im"o11i#le $rime, the evil intent of the offender cannot be accomplished because it is inherently impossible of accomplishment or because the means employed by the offender is inade'uate or ineffectual" in attem"ted or fru1trated felon5, what prevented its accomplishment is the intervention of certain cause or accident in which the offender had no part.
(rticle E W4en li/4t felonie1 are "uni14a#le . Li/4t felonie1 are "uni14a#le onl5 w4en t4e5 4a!e #een $on1ummated , with the
9F#9TI& of those committed against persons or property. •
Li/4t felonie1 are those infractions of law for the commission of which the penalty of arresto menor or a fine not e5ceeding 677 pesos or both, is provided .
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The li/4t felonie1 punished by the 3# are +S-T-A-M-I.: Slight physical inuries )art. DD*" Theft )art. $G= pars. E and >*" Alteration of boundary marks )art. $1$*" Malicious mischief )art. $> par. $" art. $= par. $*" Intriguing against honor )art. $D%*
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(rticle > Con1"ira$5 and "ro"o1al to $ommit felon5 . !onspiracy and proposal to commit felony are punishable only in the cases in which the
law specially provides a penalty therefore. ( $on1"ira$5 e!ists when+ 1. Two or more persons come to an agreement concerning the commission of a felony" and . Cecide to commit it. There is proposal when the person who has decided to commit a felony proposes its e!ecution to some other person or persons. Kins of Cons#irac!:
1. #onspiracy as a crime . #onspiracy as a manner or incurring criminal liability
a. E0"re11---conspirators meet and plan prior to the e(ecution " participants are conspirators prior to the commission of the crime. b. &mplied ---did %$" meet prior to the commission of the crime" they participated in such a way that they are acting in concert. Con1"ira$5 i1 dedu$ed from t4e manner of $ommi11ion
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A1 a $rime
Mean1 to $ommit a $rime
Here agreement is sufficient to incur criminal liability. unishable only when the law e!pressly so provides.
&vert acts are necessary to incur criminal liability. &ffenders are punished for the crime itself.
Con1"ira$5 to commit a felony is punishable in conspiracy to commit Trea1on )art. 116*" re#ellion or in1urre$tion )art. 1$D*" and 1edition )art. 1%1*. In these cases, the
*. That the e0e$ution of t4e felon5 #e de$ided u"on Re'%isites of #ro#osal:
1. that a person has de$ided to $ommit a felon5 " 2. That he "ro"o1e1 it1 e0e$ution to 1ome ot4er "er1on or "er1on1 T4ere i1 N% $riminal "ro"o1al w4en:
1. The person who proposes is &T determined to commit the felony. 2. There is & decided, concrete and formal proposal. 3. it is &T the e!ecution of the felony that is proposed •
It is N%T ne$e11ar5 t4at t4e "er1on to w4om t4e "ro"o1al i1 made a/ree1 to
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$ommit trea1on or re#ellion The crimes in w4i$4 $on1"ira$5 and "ro"o1al are "uni14a#le are a/ain1t t4e 1e$urit5 of t4e 1tate or e$onomi$ 1e$urit5 .
(rticle = ra!e felonie1, le11 /ra!e felonie1, and li/4t felonie1 ra!e felonie1 are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive , in accordance with article 6 of this code. Le11 /ra!e felonie1 are those which the law punishes with penalties which in their ma(imum period are correctional , in accordance with the above-mentioned article. Li/4t felonie1 are those infractions of law for the commission of which the penalty of arresto menor or a fine not e(ceeding 266 pesos or both , is provided.
T4e affli$ti!e "enaltie1 in a$$ordan$e wit4 arti$le 6? of t4e Code are:
3eclusion perpetua 3eclusion temporal erpetual or temporary absolute dis'ualification erpetual or temporary special dis'ualification rision mayor T4e followin/ are $orre$tional "enaltie1@
rision correctional (resto mayor Cestierro
(rticle 1G %ffen1e1 not 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code %ffen1e1 w4i$4 are or in t4e future ma5 #e "uni14a#le under 1"e$ial law1 are N%T 1u#;e$t to t4e "ro!i1ion1 of t4i1 Code T4i1 $ode 14all #e 1u""lementar5 to 1u$4 law1, unle11 t4e latter 14ould 1"e$iall5 "ro!ide t4e $ontrar5
The first clause should be understood to mean only that the penal code is not intended to supersede special penal laws. The latter are controlling with regard to offenses therein specially punished. Said clause only restates the elemental rule of statutory construction that the special legal provisions prevail over general ones. The second clause contains the soul of the article. The main idea and purpose of the article is embodied in the provision that /the code shall be supplementary0 to special laws, unless the latter should specially provide the contrary. CIRC+M-ANCE AFFEC-IN CRIMINAL LIABILI-/:
T4ere are onl5 fi!e +?. 1"e$ifi$all5 "ro!ided for +C%(E: 7EMAA.:
4" ARAVATIN CIRCUMSTANCES-those which serve to increase the penalty without e!ceeding the ma!imum provided by law because of the greater perversity of the offender as shown by the motivating power of the commission of the crime, the time and place of its commission, the means employed or the personal circumstances of the offender. 5" ALTERNATIVE CIRCUMSTANCES-those which are either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission. #$ere are two %2" ot$ers w$ic$ are found in t$e pro&isions of t$e '(): 1" ABS%LUT%R3 CAUSE-that which has the effect of absolving the offender from criminal liability, although not from civil liability. It has the same effect as e!empting circumstances. 2" E'TENUATIN CIRCUMSTANCES-that which has the effect of mitigating the criminal liability of the offender.
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0ara1ra#" ( Self-defense or defense of one’s self
0ara1ra#" ) •
Cefense of relatives - relatives who can be defended+ Spouse, (scendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity in the same degree and relatives by consanguinity within the fourth civil degree.
0ara1ra#" * (nyone who acts in defense of the person or rights of a stranger, provided that the first and second re'uisites mentioned in the first circumstance of this article are present and that the person defending be not induced by revenge, resentment or other evil motive. •
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(ny person not included in the enumeration of relatives mentioned in paragraph of this article is considered a stranger for the purpose of paragraph $. Includes only up to first cousin. Cistinction must be made between relative and stranger is important because of the element of evil motive.
0ara1ra#" 2 (ny person who, in order to avoid an evil or inury, does an act which causes inury to another, provided that the following re'uisites are present+ @irst. That the evil sought to be avoided actually e!ists" Second. That the inury feared be greater than that done to avoid it" Third. That there be no other practical or less harmful means of preventing it. •
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The greater evil should not be brought about by the negligence or imprudence of the actor. 5hen the accused was not avoiding any evil, he cannot invoke the ustifying circumstance of avoidance of a greater evil or inury.)J vs 3icohermoso 6D S#3( %$1*. The evil which brought about the greater evil must not result from a violation of law by the actor.
0ara1ra#" 3 (ny person who acts in the fulfillment of duty or in the lawful e!ercise of a right or office.
0ara1ra#" 4 .(ny person who acts in obedience to an order issued by a superior for some lawful purpose. Re9ui1ite1:
1. That an order has been issued by a superior. . That such order must be for some legal purpose. $. That the means used by the subordinate to carry out said order is lawful.
(rticle 1 E'EMPTIN CICUMSTANCES
#ircumstances which e!empt from criminal liability. The following are e!empt from criminal liability+
0ara1ra#" ( (n im#e$ile or an in1ane "er1on , unless the latter has acted during a lucid interval. 5hen the imbecile or an insane person has committed an act which the law defines as a felony )delito*, the court shall order his confinement in one of the hospitals or asylums established for persons thus afflicted, which he shall not be permitted to leave without first obtaining the permission of the same court. -&o 5)6 tests for e$em#tion on t"e 1ro%n of Insanit!:
1. the test of C%NITI%N or whether the accused acted with complete deprivation of intelligence in committing said crime. 2. the test of V%LITI%N or whether the accused acted in the total deprivation of freedom of will. •
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(n imbecile is e!empt in all cases from criminal liability, the insane is not so e!empt if it can be shown that he acted during a lucid interval. (n imbecile is one who while advance in age has a mental development comparable to that of children between two and seven years of age. To constitute insanity, there must be complete deprivation of intelligence or that there be a total deprivation of the freedom of the will. The defense must prove that the accused was insane at the time of the commission of the crime, because the presumption is always in favor of sanity. If the accused becomes insane at the trial and not during the commission of the crime, he is still liable. 9pilepsy may be covered by the term insanity. @eeblemindedness is not imbecility.
0ara1ra#" ) an * ( "er1on under nine 5ear1 of a/e
$. ( "er1on o!er nine 5ear1 of a/e and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with article 1= of C DG$. 5hen such minor is adudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance
Arti$le 22 7u1tif5in/ $ir$um1tan$e1.
The following do not incur criminal liability+
T4ird ac3 of sufficient provocation on the part of the person defending himself. Element1:
1* ;nlawful aggression * reasonable necessity of the means employed to repel it $* lack of sufficient provocation on the part of the person defending himself ind1 of Unlawful A//re11ion: a. ACTUAL-an attack with physical force or with a weapon. It is a material aggression,
an offensive act which positively determines the intent of the aggressor to cause an inury. It is a physical assault, coupled with a willful disregard of an individual’s personality. b. IMMINENT-an attack that is impending or at the point of happening. It must not consist in a mere threatening attitude nor must it be merely imaginary. The intimidating attitude must be offensive and positively strong. • • •
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;nlawful aggression is an indispensable re'uisite. (ggression must be unlawful aramour surprised in the act of adultery cannot invoke self-defense if he killed the offended husband who was assaulting him.);S vs. Herced $= hil 1=>* ;nlawful aggression is e'uivalent to assault or at least threatened assault of an immediate and imminent kind )eople vs. (lconga E> hil $DD*. The danger or peril to one’s life or limb must be present, that is, must actually e!ist. There must be actual physical force or actual use of weapon. /foot-kick greeting0 is not an unlawful aggression)eople vs. Sabio 1= S#3( =G1* o unlawful aggression when there is no imminent and real danger to the life and limb of the accused. ( strong retaliation for an inury or threat may amount to an unlawful aggression);S vs. #arerro = hil 6%%* The attack made by the deceased and the killing of the deceased by the defendant should succeed each other without appreciable interval of time.)eople vs. (rellano #.( 6% &.4. E6* The unlawful aggression must come from the person who was attacked by the accused. ( public officer e!ceeding his authority may become unlawful aggressor.)eople vs. Bernande 6= hil $%$* ature, character, location and e!tent of wound of the accused allegedly inflicted by the inured party may belie claim of self defense.)eople vs. Tolentino 6% hil EE* Improbability of the accused being the aggressor belies the claim of self defense. )eople vs. Cia 66 S#3( 1E>* The fact that the accused declined to give any statement when he surrendered to a policeman is inconsistent with the plea of self defense.)eople vs. Hanansala $1 S#3( %G1* 5hen the aggressor flees, unlawful aggression no longer e!ists.)eople vs. (lconga E> hil $DD* o unlawful aggression when there is agreement to fight. &ne who voluntarily oined a fight cannot claim self defense. There is unlawful aggression even if the aggressor used a toy pistol, provided that the accused believed it was a real gun.)eople vs. 2oral 11 #( 3ep. =1%* Here threatening attitude is not unlawful aggression.);S vs. 4uy-Sayco 1$ hil =* The reasonableness of the necessity depends upon the circumstances. The person defending is not e!pected to control his blow.
0ara1ra#" ). 7efense of Relatives (nyone who acts in defen1e of t4e "er1on or ri/4t1 of 4i1 1"ou1e,
0erios of "%man life %ner t"e R0C: (bsolute irresponsibility #onditional responsibility @ull responsibility Hitigated responsibility
= years and below K=, L16 1>-EG 1" K=,L16-offender discernment. * 16, L1> $* over EG
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0res%m#tions:
i. Con$lu1i!e Pre1um"tion-if the age of the minor does not e!ceed = years, he is conclusively e!empt from criminal liability. ii. Re#utta#le Pre1um"tion-if the minor is over = but under 16, he is disputably presumed not criminally liable but the prosecutor can present evidence that he acted with discernment. If it’s proven that he acted with discernment, he is criminally liable.
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;nder nine years to be construed as nine years or less. There is absolute irresponsibility in the case of a minor under nine years of age. (ge computed up to the time of commission of crime. Senility although said to be the second childhood, is only mitigating The minor must have acted without discernment. The minor under 16 years acted without discernment is presumed. Ciscernment means the mental capacity of a minor between = and 16 years of age to fully appreciate the conse'uences of his unlawful act.)eople vs avarro #( 61 &4 %GD*. @acts from which age is presumed must be stated for the record. The allegation of /with intent to kill0 in the information is sufficient allegation of discernment. It is based on complete absence of intelligence.
Conition for s%s#ension of sentence if minor: 1. The crime committed should not carry the penalty of life or death" 2. Be should not have been given the benefit of suspension of sentence before. 3. Bis age at the time of the promulgation of udgment must be below 1>, even though at the time of the commission of the crime, he was over = and below 16 years of age. 4. if the offender is above 16, but below 1>, there is no e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty 1 degree lower and in the proper periods subect to rules in (rt. D%. Note: under Se$tion ? of RA ?8 +*amil5 Court Law., t4ere i1 no need to a""l5 or file a Petition for 1u1"en1ion of 1enten$e T4e law mandate1 an automati$ 1u1"en1ion of 1er!i$e of 1enten$e of t4e 5out4ful offender NO-E:
%n A"ril 6, 6D, loria Arro5o 1i/ned into law Re"u#li$ A$t 8>> ot4erwi1e <nown a1 7UVENILE 7USTICE and WEL*ARE ACT %* 6DF T4e law #e$ame effe$ti!e on Ma5 62, 6D
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt from criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a crime, he is not e!empt from criminal liability unless it is shown that he acted with discernment. Bowever, should the minor above fifteen but below eighteen be found guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation.
#elow ei/4teen +2., e!en t4ou/4 at t4e time of t4e $ommi11ion of t4e $rime, 4e wa1 o!er nine +. and #elow fifteen +2?. 5ear1 of a/e 4. If the offender i1 a#o!e fifteen +2?., #ut #elow ei/4teen +2., there is no
e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one )1* degree lower and in the proper periods subect to rules in (rt. D%.
0ara1ra#" 2 (ny person who, while performing a lawful act with due care, causes an inury by mere a$$ident without fault or intention of causing it. A$$ident-any happening beyond the control of a person the conse'uence of which are
not foreseeable. Element1:
1. 2. 3. 4.
( person is performing a lawful a$t 5ith due $are Be causes an in;ur5 to another by mere a$$ident Wit4out fault or intention of causing it.)J vs Mitug > #(3 NsO =G6, =G=*
;.S. vs. Tanedo 16 hil 1=D+ The accused fired at the wild chicken. The shot recoiled and hit a visiting cousin. Beld+ (ccident
0ara1ra#" 3 (ny person who acts under the $om"ul1ion of an irre1i1ti#le for$e Element1:
1. That the compulsion is by means of "451i$al for$e. 2. That the physical force must be irre1i1ti#le . 3. That the physical force must come from a t4ird "er1on. • The irresistible force must produce such an effect upon the individual that, in spite of all resistance, it redu$e1 4im to a mere in1trument, and a1 1u$4, in$a"a#le of $ommittin/ a $rime Be must act not only without a will but against his will. 0ara1ra#" 4 (ny person who acts under the impulse of an un$ontrolla#le fear of an e9ual or /reater in;ur5 Element1:
1. That the threat which caused the fear is of an evil /reater t4an or at lea1t e9ual to, that which he is re'uired to commit. 2. That it promises an e!il of 1u$4 /ra!it5 and imminen$e t4at t4e ordinar5 man would 4a!e 1u$$um#ed to it );S vs. 9licanal $6 hil G=* •
( grave fear is not uncontrollable if there was an opportunity to verify one’s fear.
0ara1ra#" 8 (ny person who fails to perform an act re'uired by law, when prevented by some lawful or in1u"era#le $au1e Element1:
1. That an act is re9uired #5 law to #e done 2. That a person fail1 to "erform 1u$4 a$t 3. That his failure to perform such act was due to 1ome lawful or in1u"era#le $au1e
Arti$le 28 Cla11e1 of miti/atin/ $ir$um1tan$e1:
effect
reduce the penalty to the 1 or degrees depending upon minimum period, provided, the what the law provides. penalty is divisible.
%rdinar5 miti/atin/ is susceptible of being offset by any aggravating circumstance" while "ri!ile/ed miti/atin/ cannot be offset by aggravating circumstance. %rdinar5 miti/atin/, if not offset by aggravating circumstance, produces only the
effect of applying the penalty provided by law for the crime in its minimum period, in case of divisible penalty" whereas, "ri!ile/ed miti/atin/ produces the effect of imposing upon the offender the penalty lower by one or two degrees than that provided by law for the crime. Miti/atin/ $ir$um1tan$e1
The following are mitigating circumstances+
0ara1ra#" ( Those mentioned in the preceding chapter, when all the re'uisites necessary to ustify the act or to e!empt from criminal liability in the respective cases are not attendant •
(ll the re'uisites necessary to ustify the act are not attendant. In$om"lete 1elf defen1e, defen1e of relati!e1, and defen1e of 1tran/er ote that in these three classes of defense, unlawful aggression must be present, it being an indispensable re'uisite. 5hat is absent is either one or both of the last two re'uisites.
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In$om"lete e0em"tin/ $ir$um1tan$e of minorit5 o!er nine and under fifteen 5ear1 of a/e If the minor over = and under 16 years of age acted with
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discernment, he is entitled only to mitigating circumstance, because not all re'uisites necessary to e!empt from criminal liability are present. In$om"lete e0em"tin/ $ir$um1tan$e of a$$ident ;nder %th par. of article 1, four re'uisites must be present. If the nd re'uisite and the first part of the % th re'uisite are absent, the case will fall under article $D6 which punishes a felony by negligence or imprudence. In effect, there is mitigating circumstance because the penalty is lower than that provided for intentional felony.
0ara1ra#" ) T4at t4e offender i1 under 2 5ear1 of a/e or o!er G 5ear1 . In the case of the
minor, he shall be proceeded against in accordance with article 1= of C DG$. It $ontem"late1 t4e followin/:
1. (n offender over = but under 16 years of age who acted with discernment. . (n offender 16 or over but under 1> years of age $. (n offender over EG years old.
0ara1ra#" * That the offender 4ad no intention to $ommit 1o /ra!e a wron/ a1 t4at $ommitted
It can be taken into account only when the facts proven show that there is a notable and evident disproportion between the means employed to e!ecute the criminal act and its conse'uences.);S vs 3eyes $D hil =G%*
0ara1ra#" 2 That 1uffi$ient "ro!o$ation or t4reat on t4e "art of t4e offended "art5 immediatel5 "re$eded t4e a$t Re9ui1ite1: 1. That the provocation must be sufficient. . That it must originate from the offended party. $. That the provocation must be immediate to the act, i.e., to the commission of the
1. TIME If from the element of time, there is a material lapse of time stated in the problem that the effect of the threat or provocation had prolonged and affected the offender at the time he committed the crime, then use the criterion based on the time element. 2. Bowever, if there is that time element and at the same time, facts are given indicating that at the time the offender committed the crime, he is still suffering from outrage of the threat or provocation done to him, then he will still get the benefit of a mitigating circumstance. 0ara1ra#" 3 That the act was committed in the immediate !indi$ation of a /ra!e offen1e to t4e one $ommittin/ t4e felon5 +delito., his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees. Re9ui1ite1:
1. That there be a grave offense done to the one committing the felony, his spouse, ascendants, descendants, legitimate, natural or adopted brothers or sisters, or relatives by affinity within the same degrees" . That the felony is committed in vindication of such grave offense. ( lapse of time is allowed between the vindication and the doing of the grave offense.
0ara1ra#" 4 That of having acted upon an impulse so powerful as naturally to have "rodu$ed "a11ion or o#fu1$ation Re9ui1ite1@
1. The accused acted upon an impulse" . The impulse must be so powerful that it naturally produced passion or obfuscation. ⇒
5hen there are causes naturally producing in a person natural e!citement, he loses his reason and self-control, thereby diminishing the e!ercise of his will power.);S vs Salandanan 1 hil %D%*
⇒
assion or obfuscation may constitute a mitigating circumstance only when the same arose from lawful sentiments.
⇒
⇒
The act of the offended party must be unlawful or unust. 9!ercise of a right or fulfillment of duty is not proper source of passion of obfuscation.)J vs oynay 6> hil $=$*
The "a11ion or o#fu1$ation must arise from an act which is+
1. !oming from the offended party. 2. unlawful ). naturally strong as to condition the mind of the offender to commit the crime 4. %ot far removed from the commission of the crime.
0ara1ra#" 8 That the offender had !oluntaril5 1urrendered 4im1elf to a person in authority or his agents, or that he had !oluntaril5 $onfe11ed his guilt before the court prior to the presentation of evidence for the prosecution. Re9ui1ite1 of !oluntar5 1urrender: 1. That the offender had not #een a$tuall5 arre1ted 2. That the offender 1urrendered 4im1elf to a "er1on in aut4orit5 or to t4e latterH1 a/ent 8 That the surrender was !oluntar5 and 1"ontaneou1 •
•
If after committing the crime, the offender did not flee and he went with the law enforcers meekly, voluntary surrender is not applicable. If after committing the crime, he did not flee, instead waited for the law
Requisites of Voluntary Plea of Guilt: 1" it must be un$onditional 6. 1"ontaneou1 3" "rior to t4e "re1entation of e!iden$e by the prosecution 4" at the earlie1t "o11i#le time 5" Before a $ourt competent to try the same.
0ara1ra#" That the offender i1 deaf and dum#, #lind, or ot4erwi1e 1ufferin/ 1ome "451i$al defe$t which thus restricts his means of action, defense or communication with his fellow beings. %hysical defect must restrict means of action, defense or communication with fellow beings.
This provision does not distinguish between educated and uneducated deaf-mute or blind persons. It considers them on e'ual footing.
0ara1ra#" ; Such illne11 of the offender as would diminish the e!ercise of the will power of the offender without however depriving him of the consciousness of his acts. Re9ui1ite1:
1. That the illness of the offender must dimini14 t4e e0er$i1e of 4i1 will "ower 2. That such illness should not de"ri!e t4e offender of t4e $on1$iou1ne11 of 4i1 a$t1
5hen the offender $om"letel5 lo1t t4e e0er$i1e of will-"ower, it may be an e0em"tin/ $ir$um1tan$e. It is said that this paragraph refers only to diseases of pathological state that trouble the conscience or will.
0ara1ra#" (< (nd, finally, an5 ot4er $ir$um1tan$e1 of a 1imilar nature and analo/ou1 to t4o1e a#o!e mentioned This authories the court to consider in favor of the accused /any other circumstance of a similar nature and analogous to those mentioned0 in pars.1-= of article 1$.
(rticle 1% A//ra!atin/ $ir$um1tan$e1
The following are aggravating BASIS: circumstances+ They are based on the greater perversity of the offender manifested in the commission of the crime as shown by+ 1* the motivating power itself * the place of commission $* the means and ways employed %* the time 6* the personal circumstances of the offender, or the offended party.
Classification: 1" eneri$-those that generally apply to all crimes 2" S"e$ifi$-those that apply only to a particular crime 3" ualif5in/-those that change the nature of the crime. 4" In4erent-those that must of necessity accompany the commission of the crime. ENERIC
UALI*3IN
0ara1ra#" ( an ) 1. That advantage be taken by the offender of his public position. . That the crime be committed in contempt of or with insult to the public authorities.
'e*uisites: 1* the public authority is engaged in the discharge of his duties. * he is not the person against whom the crime is committed" and $* the offender knows of the identity of the public authority. 0ara1ra#" * That the act be committed with insult or in disregard of the respect due to the offended party on account of his rank, age, or se!, or it be committed in the dwelling of the offended party, if the latter has not given provocation. •
• • • •
There must be proof that the accused deliberately intended to offend or insult the age or se! of the offended party. ot applicable in crimes against property. Cwelling should not be understood in the concept of domicile. It must not be the dwelling of the offender. Cwelling need not be owned by the offended party. It is enough that he used the place for his peace of mind, comfort and privacy.
0ara1ra#" 2 an 3 %. That the act be committed with abuse of confidence or obvious ungratefulness. 6. That the crime be committed in the palace of the #hief 9!ecutive, or in his presence, or where public authorities are engaged in the discharge of their duties or in a place dedicated to religious worship.
'e*uisites: 1* the offended party has trusted the offender. * the offender abused that trust. $* the abused facilitated the commission of the crime. •
If the confidence is reposed by another, the offended party is different from the one who reposed the confidence and abuse of confidence in that case is not aggravating. Para/ra"4 D and G
D. That the crime be committed in the nighttime or in an uninhabited place, or by a band, whenever such circumstances may facilitate the commission of the offense. 5henever more than three armed malefactors shall have acted together in the commission of an offense, it shall be deemed to have been committed by a band. E. That the crime be committed on the occasion of a conflagration, shipwreck, earth'uake, epidemic, or other calamity or misfortune.
+ements: 1* the circumstance of night time 2" They facilitate the commission of the crime to conceal the offense, ease the e!ecution or escape. •
If all these aggravating circumstances concur in the commission of the crime, all will constitute one aggravating circumstance.
Ni/4t time, Re9ui1ite1:
1* night time facilitated the commission of the crime" or * the offender took advantage thereof" $* it was sought for impunity, or to insure escape, or prevent himself from being
* who are armed $* who took direct part in the e!ecution of the crime.
0ara1ra#" That the crime be committed with the aid of armed men or persons who insure or afford impunity.
'e*uisites: 1" (rmed person took part in the commission of the crime, directly or indirectly. 2" (ccused availed of their aid or relied upon them when the crime was committed. It is not aggra&ating: 1" 5here the offender and the offended party are e'ually armed. 2" If the person committing the crime and the armed men are in conspiracy. (id of armed men is absorbed. 0ara1ra#" ; an (< =. That the accused is a recidivist. I. ( recidivist is one who, at the time of his trial for one crime, shall have been previously convicted by final udgment of another crime embraced II. In the same title of this #ode. 1G. That the offender has been previously punished for an offense to which the law attaches an e'ual or greater penalty or for two or more crimes to which it attaches a lighter penalty. RECI7I9IM, efine.
Is one who, at the time of his trial for one crime, shall have been previously convicted by final udgment of another crime embraced in the same Title.
Reason for =ein1 a11ravatin1: The implication is that the offender is specialiing on such kind of crime and the law wants to prevent any specialiation. • It does not prescribe • ardon does not erase recidivism, even if it is absolute, because pardon only e!cuses the service of the penalty, but not the conviction. • If recidivism is not alleged in the information, it shall be considered as a generic aggravating &a#itual delin9uen$5
Re$idi!i1m
@ound guilty a third time or oftener. SeriousJless serious physical inuries. 3obbery, theft, estafa, or falsification
&nce, conviction
Imposition of additional penalty.
4eneric aggravating
prior
(n offense embraced in the same Title of the 3#.
Re$idi!i1m
convictions, at least @elony must be embraced under the same title of the 3#. Imprescriptible
Reitera$ion
ua1ire$idi!i1m
&ne )or more* previous punishment
&ne prior conviction
&ne offense which (ny offense the law attaches an e'ual or greater penalty or two offenses to which the law attaches a lighter penalty. 4eneric aggravating Special aggravating.
ua1i-Re$idi!i1m
convictions at least (ny felony nd felony must be committed after st
convictions enough
are
(t least convictions, if the law attaches an e'ual or greater penalty" at least $ if succeeding crimes have lighter penalty. Hust already served sentence. @elony depends on the gravity of the penalty attached thereto
@elony embraced under the same title of the 3#. 4eneric aggravating. 4eneric aggravating
&a#itual delin9uen$5
(t least $ convictions #rimes are specified 1G years prescriptive period Special aggravating
Re$idi!i1m
convictions are enough The crimes are not specified. It is enough that they are embraced under the same title of the 3# Imprescriptible 4eneric aggravating #ircumstance need not be alleged in the information
Reitera$ion
(t least convictions, if the law attaches an e'ual or greater penalty" $ if the law attaches a lighter penalty. #rimes are not specified Imprescriptible 4eneric aggravating
&a#itual delin9uen$5
(t least $ convictions The crimes are limited and specified+ a. serious physical inuries, b. less serious physical inuries, c. robbery, d. theft, e. estafa or swindling, and f. falsification. The limit of 1G years between every conviction or release from punishment. Special aggravating #ircumstance must be alleged in the information" otherwise, the court cannot ac'uire urisdiction to impose additional penalty.
0ara1ra#" (( an () 11. That the crime be committed in consideration of a price, reward, or promise. 1. That the crime be committed by means of inundation, fire, poison, e!plosion, stranding of a vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other artifice involving great waste and ruin. •
•
The inducement must be the PRIMAR3 C%NSI(ERATI%N in the commission of the crime. 2oth the giverJs and receiverJs are offenders.
0ara1ra#" (* That the act be committed with the evident premeditation. Conitions:
1* the time when the accused determined to commit the crime. * an act manifestly indicating that the accused has clung to his determination. 3" Sufficient lapse of time between such determination and e!ecution, to allow him to reflect upon the conse'uences of his act. •
•
9vident premeditation shall not be considered when the crime refers to a different person other than the person premeditated against. remeditation must be clear.
$* estafa through false pretenses where the offender employs insidious means which cannot happen accidentally.
0ara1ra#" (2 That craft, fraud, or disguise be employed. Craft- intellectual cunning or trickery *raud- insidious words or machinations (i1/ui1e- to enable the offender to conceal his identity and to escape it must
conceal the identity of the offender, if he is recognied, the disguise will not be considered aggravating.
0ara1ra#" (3 That advantage is taken of superior strength, or means be employed to weaken the defense. •
Intentional employment of e!cessive means out of proportion to the means of defense available to the offended party.
0ara1ra#" (4 That the act be committed with treachery )alevosia*. There is treachery when the offender commits any of the crimes against the person, employing means, methods or forms in the e!ecution thereof which tend directly and specially to insure its e!ecution, without risk to himself arising from the defense which the offended party might make. Re9ui1ite1:
1" The malefactors employ such means, methods or manner of e!ecution that ensures his or her safety from the defensive or retaliatory act of the victim. 2" Such means, method or form of e!ecution is consciously or deliberately adopted by the accused. TREAC&ER3, defined
The employment of means, method and form in the commission of the crime which tend directly and specially to insure its e!ecution without risk to himself arising from the defense which the offended party might make.
0ara1ra#" (8 That means be employed or circumstances brought about which add ignominy to the natural effects of the act. I/nomin5
Shocks moral conscience Horal effect of a crime and it pertains to the moral order, whether or not the victim is dead or alive
Cruelt5
hysical ertains to the physical suffering of the victim so the victim has to be alive.
0ara1ra#"s (, (; an )< 1>. That the crime be committed after an unlawful entry. There is an unlawful entry when an entrance is effected by a way not intended for the purpose. 1=. That as a means to the commission of a crime a wall, roof, floor, door, or window be broken.
•
There must be evidence showing the accused inflicted the alleged wounds slowly and gradually and that he is delighted in seeing the victim suffer in pain. In the (2S9#9 of this effect, there is no cruelty
Article (3 Alternati!e Cir$um1tan$e1 Alternati!e $ir$um1tan$e1 are t4o1e w4i$4 mu1t #e ta<en into $on1ideration a1
1* aggravating or mitigating according to the nature and effects of the crime, and 2" The other conditions attending its commission. They are+ 1* relationship * into!ication 3" Cegree of instruction and education of the offender. RELATI%NS&IP
It shall be taken when the offended party is the+ a* spouse b* ascendant c* descendant d* legitimate, natural or adopted brother or sister, or e" 3elative by affinity in the same degree of the offender.
'eations$ip is eempting w$en: a* accessory is related to the principal )(rt. G* b* a spouse does not incur criminal liability for a crime of less serious physical inuries or serious physical inuries if it was inflicted after having surprised the offended spouse and the paramour actually in the act of having se!. )(rt. %E* c* in the crimes of theft, malicious mischief and estafa, if the offender is the spouse, ascendant , or descendant or if the offender is a sister or brother-in-law of the offended party and they are living together. )(rt. $$* this is an absolutory cause. 'eations$ip is *uaif!ing w$en: a* ?ualified seduction+ brother )(rt. $$E* b* 3ape )(rt. $$6*+ when the victim is under 1> years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law-spouse of the parent of the victim. Relation14i" i1 miti/atin/, generally, in crimes against property. Relation14i" i1 a//ra!atin/ in crimes against person, chastity and honor. INT%'ICATI%N
Into!ication is ipso facto mitigating, thus if the prosecution wants to deny the offender the benefit of this mitigating, they should prove that it is &ABITUAL and INTENTI%NAL It i1 miti/atin/ w4en+
The offender has reached that degree of into!ication where he has no control of himself. It is not the number of drinks he had that will determine this but the conduct of the offender, the manner of committing the crime, and his behavior after committing the crime. 7EREE OF IN-R+C-ION AN7 E7+CA-ION
It is mitigating in most crimes, E'CEPT where the natural law posits the general and
Arti$le 2D The following are criminally liable for RAVE AN( LESS RAVE *EL%NIES + 2. Prin$i"al1 6. A$$om"li$e1 8. A$$e11orie1 T4e followin/ are $riminall5 lia#le for LI&T *EL%NIES: 2. Prin$i"al1 6. A$$om"li$e1
It is necessary to classify offenders when more than 1 took part in the commission of the crime to determine the proper penalty. If only 1 person committed a crime, do not use the term principal. 5hen there are several participants, the first thing to do is find out if there is C%NSPIRAC3 Bowever, if the participation of 1 is so insignificant, such that even without his cooperation, the crime would be committed ust as well, then notwithstanding the e!istence of a conspiracy, such offender may be regarded only as an accomplice. The reason for this is that the law favors a milder form of criminal liability if the act of the participant does not demonstrate clear perversity.
Arti$le 2G The following are considered principal+ 1" Those who take a direct part in the e!ecution of the act" 2" Those who directly force or induce others to commit it" 3" Those who cooperate in the commission of the offense by another act without which it would not have been accomplished. IN(UCEMENT+ &ne strong enough that the person induced could hardly resist. This is tantamount to an irresistible force compelling the person induced to carry out the e!ecution of the crime. Ill advised language is not enough, unless he who made such remark or advice is a coconspirator in the crime committed. Wa51 of #e$omin/ a "rin$i"al #5 indu$ement:
1. by directly forcing another to commit a crime, and • by using irresistible force" • by causing uncontrollable fear. . by directly inducing another to commit a crime. • 2y giving price or offering reward or promise" • 2y using words of command. Re'%isites:
1* that the inducement be made directly with the intention of procuring the commission of the crime. * that such inducement be the determining cause of the commission of the crime. •
The one who induced is merely an accomplice if he merely goaded or provided encouragement to the offender.
•
If the inducement was made while the crime is already taking place, inducement cannot be said to be the reason for the felonious act.
W"o ma! =e consiere as a #rinci#al =! inis#ensa=le coo#eration>
The basis is the importance of the cooperation to the consummation of the crime. If the
(ccessories before the fact The cooperation is not indispensable.
• •
Re9ui1ite1:
a. That there be community of design" i.e., knowing the criminal design of the principal by direct participation, he concurs with the latter in his purpose" b. That he performs previous or simultaneous acts that are not indispensable to the commission of the crime.
A$$om"li$e
Co-$on1"irator
8iability is 1 degree lower than that of 8iability is collective, not individual. the principal. #ame to know of the criminal Pnow of the criminal intention as he is one of intention after the principals have the authors. reached a decision. Herely concur and cooperate in the Cecide to commit the crime. commission of the crime. Herely the instruments who perform (uthors of the crime. essential acts for the perpetration of the offense. (cts are not indispensable. (cts are indispensable.
Arti$le 2 A$$e11orie1 are those who, having knowledge of the commission of the crime, and without having participated therein, either as principals or accomplices, take part subse'uent to its commission in any of the following manners+
1. 2y profiting themselves or assisting the offender to profit by the effects of the crime. 2. 2y concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery. $. by harboring, concealing or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of his public functions or whenever the author of the crime is guilty of treason, parricide, murder, or an attempt to take the life of the #hief 9!ecutive, or is known to be habitually guilty of some other crime. •
&ne cannot be an accessory unless he knows of the commission of the crime. &ne must not have participated in the commission of the crime. The accessory comes into the picture when the crime is already consummated.
In1tan$e1 w4en an a$$e11or5 ma5 #e $on!i$ted wit4out $on!i$tion on t4e "art of t4e "rin$i"al:
1" * $* %*
if the act committed by the accessory is under subsection 1 and " if the principal is ac'uitted by reason of an e!empting circumstance" if the principal is not in the custody of proper authorities" if the accessory helped the principal to escape.
Arti$le 6 The penalties prescribed for accessories shall not be imposed upon those who are such with respect to their + Spouses, + (scendants, + Cescendants, + 8egitimate, natural and adopted brothers and sisters, or + 3elatives by affinity within the same degree
It is the suffering that is inflicted by the state for the transgression of a law. ?%icial conitions of #enalt!:
1. Hust be productive of suffering, without however affecting the integrity of the human personality 2. Hust be proportionalJcommensurate with the offense. 3. Hust be personal Hust be legal 4. Hust be certain 5. 6. Hust be e'ual for all Hust be correctional 7. -"eories ?%stif!in1 0enalt!:
1. PREVENTI%N Q the state must punish the criminal to prevent or suppress the danger to the state arising from the criminal acts of the offender. 2. SEL*-(E*ENSE Q the state has a right to punish the criminal as measure of selfdefense so as to protect society from the threat and wrong inflicted by the criminal. 3. RE*%RMATI%N Q the obect of punishment in criminal cases is to correct and reform the offender. 4. E'EMPLARIT3 Q the criminal is punished to serve as e!ample to deter others from committing crimes. 5. 7USTICE J that crime must be punished by the state as an act of retributive ustice, a vindication of absolute right and moral law violated by the criminal. MEASURES %* PREVENTI%N %* SA*ET3 W&IC& PENALTIES:
ARE
N%T
C%NSI(ERE(
The arrest and temporary detention of accused persons as well as their detention of accused person as well 1. as their detention by reason of insanity, or imbecility or illness re'uiring their confinement in a hospital. . The commitment of a minor to any of the institutions mentioned in (rt. >G for the purposes specified therein. $. Suspension from the employment or public office during the trial or in order to institute proceedings. %. @ines and other corrective measures, which, in the e!ercise of their administrative disciplinary powers, superior officials may impose upon their subordinate. 6. Ceprivation of rights and reparations which the civil laws may establish in penal form. The 3# specifies that such detention shall not be considered as a penalty but merely a preventive measure because this gives ustification for detaining the accused. &therwise, the detention would violate the constitutional provision that no person shall deprived of life, liberty and property without due process of law. (nd also, the constitutional right of an accused to be presumed innocent until the contrary is proved. •
CLASSI*ICATI%N %* PENALT3:
1. conviction. •
PRINCIPAL PENALTIES Q those e!pressly imposed by the court in the udgment of
rincipal penalties may either be+ - divisible and does that have fi!ed duration and are divisible into three )$* periods+ - indivisible those which have no fi!ed duration • Indivisible penalties are+ - death - reclusion perpetua - perpetual absolute or
3estriction of freedom )destierro* Ceprivation of rights )dis'ualification and suspension* ecuniary fine
#orrectional 8ight
&'RA"I#$ #! %AC( &I!!%R%$" P%$A"I%S:
1. 2. 3. 4. 5. 6. 7.
PERPETUAL PENALTIES Q convict pardoned after undergoing the penalty for $G
years, e!cept when he is not worthy of pardon by reason of his conduct or some other serious cause. RECLUSI%N TEMP%RAL Q 1 years and 1 day to G years. PRISI%N MA3%R AN( TEMP%RAR3 (ISUALI*ICATI%N Q D years and 1 day to 1 years, e!cept when dis'ualification is accessory penalty, in which case its duration is that of the principal penalty. PRISI%N C%RRECTI%NAL, SUSPENSI%N AN( (ESTIERR% Q D months and 1 day to D years, e!cept when suspension is an accessory penalty, in which case its duration is that of the principal penalty. ARREST% MA3%R Q 1 month and 1 day to D months. ARREST% MEN%R Q 1 day to $G days B%N( T% EEP T&E PEACE Q the period during which the bond shall be effective is discretionary to the court. (ESTIERR% Q Is a punishment whereby a convict is banished to a certain place
and is prohibited from entering or coming near that place designed in the sentence, within a radius not less than 6 kilometers, nor more than 6G kilometers. •
If the convict should enter the prohibited places, he commits the crime of 9vasion of Service of sentence under (3T. 16E, 3#.
(ESTIERR% IS IMP%SE( IN T&E *%LL%WIN SITUATI%NS:
1. 5hen a legally person who had surprised his or her spouse in the act of se!ual intercourse with another and while in that act, or immediately thereafter, should kill or inflict serious physical inuries upon the other spouse andJor the paramour or mistress. . In the crime of grave threat or light threat, when the offender is re'uired to put a bond for good behavior but failed or refused to do so under (3T. >%, such convict shall be sentenced to Cestierro so that he would not be able to carry out his threat. $. In the crime of concubinage, the penalty prescribed for the concubinage is Cestierro under (3T. $$%. 4. 5here the penalty prescribed by law is (rresto Hayor but then, the offender is entitled to a privileged mitigating circumstance and lowering the prescribed penalty by one degree, the penalty one degree lower is Cestierro. So it shall be the penalty to be imposed. (eat4 Penalt5 14all not #e im"o1ed in t4e followin/ in1tan$e1:
1.
5hen the guilty person is below 1> years of age at the time of the commission of the
2.
Is more than EG years of age. $. when upon appeal or automatic review of the case by the Supreme #ourt, the re'uired maority vote is not obtained for the imposition of he death penalty, in which cases the penalty shall be reclusion perpetua,
crime.
Situation1 in w4i$4 t4e e0e$ution of deat4 "enalt5 #e 1u1"ended:
1. if convict is pregnant, or within 1 year after her delivery . convicts become insane or an imbecile after conviction $. court orders suspension by reason of+ a. doubt as to the identity of the convict b. there is a re'uest for e!ecutive clemency %. resident grants reprieve.
3.
T&E (URATI%N %* %T&ER PENALTIES Q the duration is from the day on which
the offender commences to serve his sentence. •
If on appeal, the service of sentence should commence from the date of the promulgation of the decision of the appellate court, not from the date the udgment of the trial court was promulgated. 0RE9EN-I9E IM0RIONMEN-
The accused accused undergoes undergoes preventive preventive imprisonmen imprisonmentt when the offense offense charged charged is non-bailable or even if bailable he cannot furnish the re'uired bill. reventive imprisonment shall be credited in the service of their sentence with the full time during which they have undergone it" PR%VI(E(+ he agrees voluntarily in writing to abide by the same disciplinary rules imposed upon convicted prisoners+ • If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon convicted prisoners, he shall be credited in the service of his, sentence with with four four-f -fif ifth ths s )%J6 )%J6** if the the time time duri during ng wh whic ich h he has has unde underg rgon one e prev preven enti tive ve imprisonment. •
'UT&( '9 A""++'R/ %(AT&+ &(HR(T &( %R&("&%A %(AT&+) (EAT&
erpetual absolute dis'ualification #ivil interdiction during $G years, if not e!pressly remitted in the pardon
•
RECLUSI%N PERPETUA) TEMP%RAL
#ivil interdiction for life or during the sentence
PRISI%N MA3%R
Temporary Temporary absolute dis'ualification erpetual absolute That of dis'ualification, unless perpetual e!pressly remitted in the special pardon of the principal dis'ualification penalty from suffrage, unless e!pressly remitted in the pardon of the principal penalty
PRISI%N C%RRECTI%NAL
Suspension from public office, profession or calling erpetual special dis'ualification from suffrage, if the duration of imprisonment e!ceedsJ > months, unless e!pressly remitted in the pardon of the principal penalty
(ESTIERR% has no accessory penalty.
9ffects of the penalties of perpetual or temporary absolute dis'ualification+ The deprivation deprivation of the public offices and employments employments which the offender offender may have held even if conferred by popular election. The deprivati deprivation on of the the right right to vote vote in any any election election for for any popular popular office or to be elected elected 1. to such office. The dis'ualificati dis'ualification on for the offices or public public employments employments and for the e!ercise e!ercise of any of 2. the rights mentioned. The loss loss of all all rights rights to retirement retirement pay or other pension pension for any office office formerly formerly held. 3. 4. In case of temporary dis'ualification, the dis'ualification in and $ shall last during the term of the sentence. • In absolute dis'ualification, all these effects last during the lifetime of the convict and even after the service of the sentence.
+ffects of t$e penaties of perpetua or temporar! specia dis*uaification: 1. The deprivatio deprivation n of the office, office, employm employment, ent, profess profession, ion, or calling calling affected" affected" 2. The dis'ualification dis'ualification for holding similar offices or employments employments either either perpetually or during the term of the sentence according to the e!tent of such dis'ualification.
$. mari marita tall auth author orit ity y 4. 3ight to manage property and to dispose of the same. Bond to <ee" "ea$e
Bond for /ood #e4a!ior
( princi principal pal penal penalty, ty, not not an acces accessor sory y penalt penalty. y. o part partic icul ular ar felon felony y whe where re this this is is pre presc scri ribe bed. d.
This penalty penalty is not found found in artic article le 6. 6. This This is a penal penalty ty partic particul ular ar to artic article le >%- grave or light threats. The conse'uen conse'uence ce of failure failure to put put up this bond bond @ailure to put up a bond results in is impr impris ison onme ment nt for for D mont months hs or $G days days destierro. depending on whether the felony committed is grave or less grave felony or light. P%C'$IAR) P%C'$IAR) IABII"I%S IABII"I%S::
1. . $. %.
the reparation of the damage caused. indemnification of the conse'uential damages fine costs of proceedings 1 and are payable to the offended party. $ and % are payable to the state. • •
W4en i1 it a""li$a#le=
It is applicable /in case the property of the offender should not be sufficient for the payment payment of all his pecuniary pecuniary liabili liabilitie ties. s. Bence, Bence, if the offender offender has sufficie sufficient nt or no property, it is not applicable. S'BSI&IAR) S'BSI&IAR) P%$A")* P%$A")* defined+ defined+
It is a subsidiary personal liability to be suffered by the convict who has no property with which to meet the fine at the rate of one day for each > pesos, subect to the rules provided in (rticle $=. +BI7IAR/ 0ENAL-/ I A00LIE7 W@EN:
1. If the the sub subsi sidi diary ary pena penalt lty y pres prescr crib ibed ed for the the non non paym paymen entt of fin fine e whic which h goes goes with with the principal penalty, the ma!imum duration of the subsidiary penalty is one year, so there is no subsidiary penalty that goes beyond one year. 2ut this will only be true if the one year period is higher than 1J$ of the principal penalty, the convict cannot be made to undergo subsidiary penalty more than 1J$ of the duration of the principal penalty and in no principal penalty Q whichever is lower. . If the the subs subsid idia iary ry pen penal alty ty is is to be imp imposed osed for for non non pay payment ment of of fine fine and and the the principal penalty imposed be fine only, which is a single penalty, that means it does not go with another principal penalty, the most that the convict will be re'uired to undergo subsidiary imprisonment is D months, if the felony committed is grave or less grave, otherwise, if the felony committed is slight the ma!imum duration of the subsidiary penalty is only 16 days. W4en i1 it "ro"er= It i1 "ro"er w4en t4e $on!i$t i1 in1ol!ent and:
1. when there there is a principal principal penalty penalty of imprisonm imprisonment ent or any any other princip principal al penalty and carries with it a fine" and 2. 5hen the penalty is only a fine. Penalt5
rision correccional or arresto and fine @ine Bigher than rision
(uration of 1ta5
3emain under confinement until his fine is satisfied" but it shall not e!ceed 1J$ of the term of sentence, and not more than 1 year. a. gr grave or less grave felony+ not more than D months. b. 8ight+ not more than 16 days o imprisonment
•
penalty is public censure censure and and fine even if PUBLIC CENSURE AN( *INE: If the penalty
the public censure is a light penalty, the convict cannot be re'uired to pay the fine for subsidiary subsidiary penalty for the non payment of the fine because because public censure is a penalty penalty that has no fi!ed duration. • re'uired to undergo undergo the subsidiary subsidiary (ESTIERR% AN( *INE: The convict can be re'uired penalty, penalty, as destierro, though though not imprisonment imprisonment is still a penalty to be served. Bence, Bence, subsidiary penalty applies. • not cons conside iderr the the T%TALIT3 %* PENALT3 UN(ER T&E 8-*%L( RULE: Co not totality of the imprisonment that the convict is sentenced to but consider the totality or the duration of the imprisonment that the convict will be re'uired to serve under the $fold rule. If the totality of the imprisonment imprisonment under under this rule does not e!ceed e!ceed D years, then even if the totality of the sentences without applying the $-fold rule will go beyond D years, the convict shall be re'uired to undergo subsidiary penalty if he could not pay the fine. COM0LE CRIME
5hen a single act constitutes or more grave or less grave felonies, or when an offense is a necessary means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its ma!imum period.
0"iloso#"! =e"in: The treatment of plural crimes as one is to be lenient to the offender, who, instead of being made to suffer distinct penalty only, although it is the penalty for the most serious one and in the ma!imum period. It is in consonance with with the do$trine of "ro-reo A $om"le0 $rime i1 eit4er:
1. ( single act constituting or more grave or less grave felonies" 2. (n offense is a necessary means for committing the other- C%MPLE' CRIME PR%PER
*orm1: :. "omp "ompou ound nd cri crime mes s 6. "omp "omple le5 5 "rim "rime e %rop %roper er ;. "omp "ompos osit ite e "rim "rime e <. "ontinued "ontinued "rime "rime 2 Com"ound $rime1
&ffender performs a single act and produces or more crimes" no regard for the gravity of crimes, as long as there is only 1 act. Re9ui1ite1:
1. that only only a single single act is performed performed by the offender" offender" . that the single single act produc produces+ es+ a. or more more grav grave e fel felon onie ies s b. I or more more grave grave or or I or more less grave felonies felonies c. or mor more e less less grav grave e felo feloni nies es.. 6 Com"le0 Crime Pro"er Re9ui1ite1:
1. at least least offens offenses es are are comm committ itted ed . 1 or some some of the the offenses offenses must must be necessary necessary to commit commit the other other 3. 2oth or all the offenses must be punishable under the 3evised enal #ode. •
&ne was used to facilitate the commission of the crime.
8 Com"o1ite Crime
(re special special comple! comple! crimes crimes composed composed of two felonie felonies, s, punish punishabl able e under under a separate article in the 3evised enal #ode. In substance, it is made up of more more than 1 crime but in the eyes of the law there is only a single indivisible crime. )3obbery with BomicideJ3ape*
corresponding to the most serious crime, imposed on its ma!imum period. The test is not whether one of the two offenses is an essential element of the other.
Is a Continued crime a continuin, crime- If not* what is the difference( continued crime must be understood in the light of substantive law, while continuing crime, in the light of procedural law. The term Rcontinuing’ here must be understood in the sense similar to that of Rtransitory’ and is only intended as a factor in determining the proper venue or urisdiction for that matter of the criminal action pursuant to Section 1%, 3ule 11G of the 3ules of #ourt. This is so, because /a person charged with a transitory offense may be tried in any urisdiction where the offense is in part committed. The penalty for the most serious crime shall be imposed, the same to be applied in its ma!imum period. PENALT3 PRESCRIBE( T% A CRIME IS L%WERE( B3 (EREES IN T&E *%LL%WIN CASES: 2
W4en t4e $rime i1 onl5 attem"ted or fru1trated • •
If it is frustrated, penalty is one degree lower than that prescribed by law. If it is attempted, penalty is two degrees lower than that prescribed by
law. 6 • •
W4en t4e offender i1 an a$$om"li$e or a$$e11or5 onl5:
enalty is 1 degree lower in case of an accomplice enalty is degrees lower in the case of an accessory.
3.
5hen there is a "ri!ile/e miti/atin/ $ir$um1tan$e in favor of the offender, it will lower the penalty by 1 or degrees than that prescribed by the law depending on what the particular provision of the 3# states.
4.
5hen the penalty prescribed for the crime committed is a di!i1i#le "enalt5 and t4ere are two or more ordinar5 miti/atin/ $ir$um1tan$e1 and no a//ra!atin/ $ir$um1tan$e1 whatsoever, the penalty ne!t lower in degree
shall be the one imposed. 6.
5henever the provision of the code specifically lower the penalty by one or two degrees than what is ordinarily prescribed for the crime committed. (IARAM
Prin$i"al 1 A$$om"li $e1 A$$e11or ie1
C%NSUMMATE(
*RUSTRATE(
ATTEMPTE(
G
1
1
$
$
%
-@REEFOL7 R+LE
(ccording to the $ fold rule, the ma!imum duration of the convict’s sentence shall not be more than $ times the length of time corresponding to the most severe of the penalties imposed upon him.
The $-fold rule must be used only when the product of the greatest penalty multiplied by $ is less than the sum of all the penalties t be imposed. •
@or purposes of the rule, indivisible penalties shall be given an e'uivalent duration of $G years, so that if he will have to suffer several perpetual dis'ualification, under the rule, you take the most severe and multiply it by $. The rule does not apply to the penalty prescribed but to the penalty imposed as determined by the court. •
E'ECUTI%N AN( SERVICE %* PENALT3 •
/o penalty shall be e!ecuted e!cept by virtue of a final udgment0 • The udgment must be final before it can be e!ecuted because the accused may still appeal within 16 days from its promulgation. 2ut if the dependant has e!pressly waived in writing his right to appeal, the udgment becomes final immediately.
RULES IN SUSPENSI%N %* T&E E'ECUTI%N AN( SERVICE %* PENALTIES IN CASE %* INSANIT3:
1. 5hen a convict becomes insane or imbecile after final sentence has been pronounced, the e!ecution of said sentence is suspended only as regards the personal penalty. If he REC%VERS his reason, his sentence shall be e!ecuted, unless the penalty has
2. prescribed. $. 9ven if while serving his sentence, the convict becomes insane or imbecile, (rticle E= shall be observed. %. 2ut the payment of his civil or pecuniary liabilities shall not be suspended.
Title > E'TINCTI%N %* CRIMINAL LIABILIT3
There are two )* classifications when #riminal 8iability are e!tinguished+ a T%TAL # PARTIAL "R&!&(A &AB&&T/ &+ T'TA/ $T&(=U&+H# A+ 9''>+) 2 B5 t4e deat4 of t4e $on!i$t a1 to "er1onal "enaltie1, and a1 to t4e "e$uniar5 "enaltie1, lia#ilit5 t4erefore i1 e0tin/ui14ed onl5 w4en t4e deat4 of t4e offender o$$ur1 #efore final ;ud/ment
The death of the convict, whether before or after final udgment, e!tinguishes criminal liability, because one of the uridical conditions of penalty is that it is PERS%NAL (t this instance, his civil liability is also e!tinguished. • 5hile the case is on appeal, the offender dies, the case on appeal will be dismissed. The offended party may file a separate civil action under the #ivil #ode if any other basis for recovery of civil liability e!ists as provided under (rt. 116E of the #ivil #ode. •
6 B5 1er!i$e of 1enten$e
#rime is debt incurred by the offender as a conse'uence of his wrongful act and the penalty is but the amount of his debt. Service of sentence does not e!tinguish the civil liability. •
•
8 B5 amne1t5 w4i$4 $om"letel5 e0tin/ui14e1 t4e "enalt5 and all it1 effe$t1 AMNEST3, (efined
It is an act of the sovereign power granting oblivion or a general pardon for a past offense and is rarely, if ever, e!ercised in the favor of a single individual, and is usually
PAR(%N (efined
It is an act of grace proceeding from the power entrusted with the e!ecution of the laws which e!empts the individual on whom it is bestowed from the punishment of the law inflicts for the crime he has committed. ardon, whether absolute or conditional, is in the nature of a deed, for the validity of which delivery is an indispensable re'uisite.
•
AMNEST3 AN( PAR(%N (ISTINUIS&E(. PAR(%N
AMNEST3
- includes any crime and is e!ercised individually by the president
- is a blanket of pardon to classes of persons on communities who may be guilty of political offenses
- e!ercised when the person is already convicted - pardon looks forward and relieves the offender from the conse'uences of an offense or which he has been convicted, that is its abolishes or forgives the punishment - pardon being a private act of the resident must be pleaded and proved by the person pardoned
- may be e!ercised even before trial or investigation is had - amnesty looks backward and abolishes and puts into oblivion the offense itself.
- amnesty being by proclamation of the chief e!ecutive with the concurrence of #ongress, is a public act of which the courts should take udicial notice
K B%T& (% N%T E'TINUIS& T&E CIVIL LIABILIT3 %* T&E %**EN(ER ? B5 "re1$ri"tion of t4e $rime •
•
•
It is the forfeiture or loss of the right of the state to prosecute the offender after the lapse of a certain time. rescription of the crime begins, as a general rule on the day of the crime was committed, unless the crime was concealed, not public, in which case, the prescription thereof would only commence from the time the offended party or the government learns of the commission of the crime. rescription of the crime is not waivable.
T4e "re1$ri"tion of t4e felon5 i1 1u1"ended w4en:
1. 5hen a complaint is filed in a proper barangay for conciliation or mediation but the suspension of the prescriptive period is good only for DG days, after which the prescription will resume to run, whether the conciliation or mediation is terminated or not. . 5hen criminal case is filed in the @iscal’s &ffice, the prescription of the crime is suspended until the accused is convicted or the proceeding is terminated for a cause not attributable to the accused. $. 2ut where the crime is subect to summary rocedure, the rescription of the crime will be suspended only when the information is already filed with the trial court. It is not the filing of the complaint, but the filing of the information in the trial court which will suspend the prescription. •
The prescription of penalty, the period will only commence to run when the convict has began to serve the sentence.
0rescri#tion of Crimes 3eclusion perpetua or G years temporal unishable by afflictive 16 years penalties unishable by correctional 1G years
In computing the period for prescription, the first day is to be e!cluded and that last day included 5hen fine is an alternative penalty higher than the other penalty which is imprisonment Q the prescription is based on the fine
•
•
5hether it is prescription of crime or penalty, if the subect left the country, and went in a country with which the hilippines has no e!tradition treaty, the prescriptive period shall remain suspended whenever he is out of the country. PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion erpetua (fflictive enalties #orreccional enalties (rresto Hayor 8ight enalties
G years 16 years 1G years 6 years 1 year
D B5 t4e marria/e of t4e offended woman
In cases of rape, seduction, abduction or acts of lasciviousness. Bence, marriage contracted only to avoid criminal liability is devoid of legal effects.
•
CRIMINAL LIABILIT3 IS E'TINUIS&E( AS *%LL%WS+ 2 B5 $onditional "ardon
#onditional pardon delivered and accepted is considered a contract between the sovereign power of the 9!ecutive and the convict that the former will release the latter upon compliance with the condition.
•
PRESCRIPTI%N %* PENALTIES
Ceath and 3eclusion erpetua (fflictive enalties #orreccional enalties (rresto Hayor 8ight enalties
G years 16 years 1G years 6 years 1 year
6 B5 $ommutation of t4e 1enten$e •
It is a change in the decision of the #ourt made by the #hief 9!ecutive by reducing the degree of the penalty inflicted upon the conflict, or by decreasing the length of the imprisonment or the amount of the fine.
INSTANCES W&ERE C%MMUTATI%N IS APPLIE(+
1. 5hen the convict sentenced to death is over EG years of age. 2. 5hen 1G ustices of the Supreme #ourt fail to reach a decision for the affirmation of the death penalty
8 *or /ood $ondu$t allowan$e1 w4i$4 t4e $ul"rit ma5 earn w4ile 4e i1 1er!in/ 1enten$e
•
This includes the allowance for loyalty under (rticle => in relation to (rticle 16>.
> #5 "arole
(ISTINCTI%N BETWEEN C%N(ITI%NAL PAR(%N AN( PAR%LE C%N(ITI%NAL PAR(%N
PAR%LE
- may be given at anytime after final udgment - granted by the #hief 9!ecutive under the provisions of the (dministrative #ode
- may be given after the prisoner has served the minimum penalty - granted by the 2oard of ardons and arole under the provision of the Indeterminate Sentence 8aw - for violation of the terms of the parole, the convict cannot be prosecuted under (rt. 16=. Be can be rearrested and reincarcerated to serve the unserved portion of his original penalty
- for violation of the conditional pardon, the convict may be ordered rearrested or reincarnated by the #hief 9!ecutive or may be prosecuted under (rt. 16= of the #ode
%BLIATI%NS %* T&E PERS%N RANTE( C%N(ITI%NAL PAR(%N
1* Be must comply strictly with the conditions imposed on the pardon. * @ailure to comply with the conditions shall result in the revocation of the pardon. $* Be becomes liable under (rt. 16=. This is the <udicial remedy.
Title ? CIVIL LIABILIT3 Arti$le 6, New Ci!il Code +NCC.
/9very person who, contrary, to law, willfully or negligently causes damage to another shall indemnify the latter for the same. 22D2, NCC
/#ivil obligations arising from criminal offenses shall be governed by the penal laws, subect to the provisions of (rticle 1EE, and of the pertinent provisions of #hapter , reliminary Title, on Buman 3elations and Title FMIII of this book, regulating damages+ •
•
•
The basis of civil liability is the obligation of everyone to repair or to make whole the damage caused to another by reason of his act or omission, whether done intentionally or negligently and whether or not punishable by law. If the felony committed could not or did not cause any damage to another, the offender is not civilly liable even if he is criminally liable for the felony committed. 9!tinction of the penal action does not carry with it e!tinction of the civil liability, unless the e!tinction proceeds from a declaration in a final udgment that the fact, from which the civil liability might arise did not e!ist.
CIVIL LIABILIT3 MA3 E'IST, ALT&%U& T&E CRIMINALL3 LIABLE, IN T&E *%LL%WIN CASES:
ACCUSE(
IS
N%T
&EL(
1. A$9uittal on REAS%NABLE (%UBT Q when the guilt of the offender has not been proved beyond reasonable doubt, a civil action for damages for the same act or omission may be instituted. 2. A$9uittal from A CAUSE %* N%N-IMPUTABILIT3 Q the e!emption from criminal liability in favor of an imbecile insane person, etc. 3. ACUITTAL IN T&E CRIMINAL ACTI%N *%R NELIENCE does not preclude the offended party from filing a civil action to recover damages, based on the new theory that the act is a 'uasi-delict. 4. W&ERE T&ERE IS %NL3 CIVIL RESP%NSIBILIT3 Q when the #ourt finds and so states in its udgment that there is only civil responsibility, and not criminal responsibility, and that this finding is the cause of the ac'uittal. 5. IN CASES %* IN(EPEN(ENT CIVIL ACTI%NS under (rticle $1, $, $$, $%, and 11DE of ##.
•
• •
•
If the property is in the hands of a third personJparty, the same shall nevertheless be taken from him and restored to the offended party, even though such third party may be a holder for value and a buyer in good faith of the property, e!cept when such third party buys the property from a public sale where the law protects the buyer. 3estitution is applicable only to crimes against property. The obligation of the offender transcends to his heirs, even if the offender dies, provided he died after udgment became final, the heirs shall assume the burden of the civil liability, but this is only to the e!tent that they inherit property from the deceased, if they do not inherit, they cannot inherit the obligations. The right of the offended party transcends to heirs upon death. The heirs of the offended party step into the shoes of the latter to demand civil liability form the offender.
6 REPARATI%N •
5hen the stolen property cannot be returned because it was sold to an unknown person, he will be re'uired by the #ourt if found guilty to pay the actual price of the thing plus its sentimental value.
8 IN(EMNI*ICATI%N *%R C%NSEUENTIAL (AMAES
1. It is ordinarily the remedy granted to the victims of crimes against persons . Indemnification of conse'uential damages refers to the loss of earnings, loss of profits. This does not refer only to the conse'uential damages suffered by the offended part, this also includes conse'uential damages to third party who also suffers because of the commission of the crime. SUBSI(IAR3 LIABILIT3 Re9ui1ite1:
o
1. The employer must be engaged in business or in trade or industry while the accused was his employee. . (t the time the crime was committed the employer-employee relationship must be e!isting between the two" $. The employee must have been found guilty of the crime charged and accordingly held civilly liable" and %. the writ of e!ecution for the satisfaction of the civil liability was returned unsatisfied because the accused-employee does not have enough property to pay the civil liability. all the re'uisites must concur o there is no need to file a civil action against the employer in order to enforce the subsidiary civil liability for the crime committed by his employee, it is enough that the writ of e!ecution is returned unsatisfied SUBSI(IAR3 CIVIL LIABILIT3 IS IMP%SE( IN T&E *%LL%WIN+
1. In case of a felony committed under the compulsion of an irresistible force. The person who employed the irresistible force is subsidiarily liable. . In case of a felony committed under an impulse of an e'ual or greater inury. The person who generated such an impulse is subsidiarily liable. $. The owners of taverns, inns, hotels, motels, where the crime is committed within their establishment die to non-compliance with general police regulations, if the offender who is primarily liable cannot pay the proprietor, or owner is subsidiarily liable. %. @elonies committed by employers, pupils, servants, in the course of their employment, schooling or household chores. The employer, master, teacher is subsidiarily liable civilly, while the offender is primarily liable. 5. In case the accomplice and the principal cannot pay, the liability of the person
years
Pri1ion Ma5or, a#1olute di19ualifi$atio n and 1"e$ial tem"orar5 di19ualifi$atio n Pri1ion Corre$$ional, 1u1"en1ion and de1tierro
@rom D years and 1 day to 1 years
Arre1to Ma5or
@rom 1 month and 1 day to D months
Arre1to Menor
@rom 1 to $G days
@rom D months and 1 day to D years
day to 1% months years and > and 1 day months to 1E years @rom D @rom > years and 1 years and day to > 1 day to years 1G years
day to G years
@rom D months and 1 day to years and % months
@rom % years months and 1 day to D years
@rom years, % months and 1 day to % years and months @rom 1 @rom month and months 1 day to and 1 day months to % months @rom 1 to @rom 11 1G days to G days
@rom 1G years and 1 day to 1 years
@rom % months 1 day to D months
@rom 1 to $G days
REPUBLIC ACT N% 8>D J An A$t Pro4i#itin/ t4e Im"o1ition of (eat4 Penalt5 in t4e P4ili""ine1 J in lieu of the death penalty, the following shall be imposed) re$lu1ion "er"etua Q 3evised enal #ode life im"ri1onment Q Special 8aws not eli/i#le for "arole under t4e Indeterminate Senten$e Law + persons
convicted of offenses punished by reclusion perpetua, or whose sentence will be reduced to reclusion perpetua %n A"ril 6, 6D, loria Arro5o 1i/ned into law Re"u#li$ A$t 8>> ot4erwi1e <nown a1 7UVENILE 7USTICE and WEL*ARE ACT %* 6DF T4e law #e$ame effe$ti!e on Ma5 62, 6D
;nder 3.(. =$%%, minors aged fifteen )16* and below are now absolutely e!empt from criminal liability. If a minor above fifteen )16* but below eighteen )1>* commits a crime, he is not e!empt from criminal liability unless it is shown that he acted with discernment. Bowever, should the minor above fifteen but below eighteen be found guilty, 3.(. =$%% also mandates the #ourts to automatically suspend the sentence. In all cases, the minor offender must be referred to the appropriate government agency for rehabilitation. Condition1 for 1u1"en1ion of 1enten$e of minor:
1. The crime committed should not be punishable by the penalty of life imprisonment or the death penalty. . The minor should not have been given the benefit of suspension of sentence before. $. The age of the minor at the time of the promulgation of udgment must be below eighteen )1>*, even though at the time of the commission of the crime, he was over nine )=* and below fifteen )16* years of age. %. If the offender is above fifteen )16*, but below eighteen )1>*, there is no e!emption anymore but he is also given the benefit of a suspended sentence under the three preceding conditions. If the sentence is promulgated, the court will impose a penalty one )1* degree lower and in the proper periods subect to rules in (rt. D%.
Ri/4t1 of t4e $4ild in $onfli$t wit4 t4e law:
1. right against torture or other cruel, inhuman or degrading treatment or punishment" . right against imposition of the capital punishment or life imprisonment, without the possibility of release $. 3ight against deprivation of liberty" detention or imprisonment as last resort, and shall be for the shortest appropriate period of time" %. ot to be detained together with adult offenders" 6. to maintain contact with family" D. access to legal and other appropriate assistance" E. right to challenge legality of detention and to a prompt decision on such action >. right to bail and recogniance =. to be a witness in his behalf under the rule on e!amination of a child witness 1G. right to have his privacy respected fully at all stages of the proceedings 11. right to diversion if 'ualified or voluntarily avails of the same 1. right to be imposed a udgment under the principle of restorative ustice 1$. right to the imposition of fine as a matter of discretion 1%. right to automatic suspension of sentence 16. right to probation, if 'ualified 1D. right to be free from liability for perury, concealment or misrepresentation 1E. other rights as provided by e!isting laws, rules and regulations Minimum A/e of Criminal Re1"on1i#ilit5 2? 5)o or #elow at t4e time of t4e $ommi11ion of t4e offen1e 14all #e E'EMPT from $riminal lia#ilit5, but will be subected to the intervention program. A#o!e 2? #ut #elow 2 5)o 14all #e E'EMPT from $riminal lia#ilit5 and #e 1u#;e$ted to an inter!ention "ro/ram, UNLESS 4e 4a1 a$ted wit4 di1$ernment ,
in which case he shall be subected to the appropriate proceedings under this (ct, -doe1 not in$lude e0em"tion from $i!il lia#ilit5
2&&P T5& TITLE %NE
CRIMES AAINST NATI%NAL SECURIT3 AN( T&E LAW %* NATI%NS Art 22>: TREAS%N •
1. . $.
ELEMENTS:
that the offender is a @ilipino citien or an alien residing in the hilippines" that there is a war in which the hilippines is involved" that the offender either a. levies war against the government, or b. adheres to the enemies, giving them aid and comfort
TREAS%N (E*INE(+
a breach of allegiance to a government, committed by a person who owes allegiance to it. It is a violation by the subect of his allegiance to his sovereign or to the supreme authority of the State. E% >> amended Art22> in t4at "rior to t4i1 order, onl5 *ili"ino $itien1 are 4eld lia#le for trea1on. Under E% >>, re1ident alien1 ma5 now #e 4eld lia#le for Trea1on . -
Allegiance is the obligation of fidelity and obedience which the individuals owe
Treasonable acts may actually be perpetrated during peace, but there are no traitors until war has started.
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Treason is punished by the State as a measure of self defense and self preservation. The law of Treason is an emergency measure.
-
Two mode1 of $ommittin/ Trea1on: 2
Le!5in/ war a/ain1t t4e /o!ernment
8evying war re'uires the concurrence of+ a. (n actual assembling of men" b. The purpose of which is to e!ecute a treasonable design by force. The levying of war must be with the intent to overthrow the government and not merely to resist a particular statute or to repel a particular officer. The levying of war must be in collaboration with a foreign enemy, otherwise the offender shall be held liable for 3ebellion and not for Treason. -
6
Ad4erin/ to t4e enemie1 of t4e P4il, /i!in/ t4em aid or $omfort -
Ad4eren$e and /i!in/ aid or $omfort to t4e enem5 mu1t $on$ur .
(dherence to the enemy presupposes an intent to betray. -
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-
-
-
-
-
-
-
(id or comfort means an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitor’s country and an act which weakens or tends to weaken the power of the traitor’s country to resist or to attack the enemy. The defendant’s act of giving information to the enemy constituted not only giving aid and comfort, but also adherence to the enemy. 9!tent of aid and comfort should be manifested by some overt or physical acts and not merely one which is mental. (s a general rule, to be treasonous, the e!tent of the aid and comfort given to the enemies must be to render assistance to them as enemies and not merely as individuals and in addition, be directly in furtherance of the enemies’ hostile designs. The act committed need not actually strengthen the enemy. It is not the degree of success but rather the aim for which the act was perpetrated, that determines the commission of treason. The aid and comfort given to the enemies must be after the declaration of war. The enemies must be subect of a foreign power. There is no treason thru negligence because the overt act of giving aid or comfort to the enemy must be intentional. Treason by @ilipino citien may be committed outside the hilippines, but treason by an alien must be committed within the hilippines. Treason is a continuous crime. (ll overt acts committed by the accused constitute a single offense. roof of one count is sufficient for conviction.
6nd "ara/ra"4+ Treason cannot be proved by circumstantial evidence or by the e!traudicial confession of the accused KK Wa51 of "ro!in/ trea1on +
2.
Confe11ion of t4e a$$u1ed in o"en $ourt
(E*ENSES:
1. 2.
Cefense of obedience to de facto government Cefense of duress or uncontrollable fear.
Art22?: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT TREAS%N: •
PENALT3:
a. -
rision Hayor and a fine not e!ceeding 1G,GGG b. proposal to commit treason+ rision correccional and a fine not e!ceeding 6,GGG
-
•
conspiracy to commit treason+
&%W C%NSPIRAC3 AN( PR%P%SAL ARE C%MMITTE(:
a.
b.
#onspiracy to commit treason is committed when in time of war, two or more persons come to an agreement to levy war against the government or to adhere to the enemies and to give them aid or comfort, and decide to commit it. roposal to commit treason is committed when in time of war a person who has decided to levy war against the government or to adhere to the enemies and to give them aid or comfort, proposes its e!ecution to another person.
?? The twowitness rule does not apply to this crime because this is a separate and distinct offense from treason.
Art 22D: MISPRISI%N %* TREAS%N •
1. 2. 3.
ELEMENTS:
that the offender must be owing allegiance to the 4overnment and N%T a foreigner" that he has knowledge or any conspiracy )to commit treason* against the 4overnment" and That he conceals or does not disclose and make known the same as soon as possible to the governor or fiscal of the province or mayor or fiscal of the city in which he resides.
KK T4i1 $rime i1 an e0$e"tion to t4e rule t4at mere 1ilen$e doe1 not ma<e a "er1on $riminall5 lia#le
Art 22G: ESPI%NAE •
PENALT3:
rision correccional •
ESPI%NAE is the offense of gathering, transmitting, or losing information
respecting the national defense with intent or reason to believe that the information
Intent to obtain information by the offender is critical. •
ELEMENTS+
a. that the offender enters any of the places mentioned therein b. that he has no authority therefore c. that has purpose is to obtain information, plans, photos etc. of a confidential nature relative to the defense of the hilippines
2.
•
By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in par. 0 9Art. 001 which he had in his possession by reason of the public office he holds. ELEMENTS:
a. that the offender is a public officer b. that he has in his possession the articles, data or information by reason of the public office he holds c. That he discloses their contents to a representative of a foreign nation.
C%MM%NWEALT& ACT D2D AN ACT T% PUNIS& ESPI%NAE AN( %T&ER %**ENSES AAINST NATI%NAL SECURIT3 •
ACTS PUNIS&ABLE UN(ER CA D2D:
a.
unlawfully obtaining or permitting to be obtained information affecting national defense b. unlawful disclosing of information affecting national defense c. disloyal acts or words in time of peace d. disloyal acts or words in time of war e. conspiracy to violate preceding sections f. harboring or concealing violators of the law •
ESPI%NAE AN( TREAS%N (ISTINUIS&E(: -
-
espionage as a crime is not conditioned by the citienship of the offender and may be committed in time of war or in time of peace treason may only be committed in time of war and is only limited in two ways of committing the crime
SECTI%N TW%: PR%V%IN WAR AN( (ISL%3ALT3 IN CASE %* WAR
Art 22: INCITIN T% WAR %R IVIN M%TIVES *%R REPRISALS •
1. . •
PENALT3:
3eclusion temporal Q if offender is a public officer or employee rision mayor Q if offender is a private individual ELEMENTS:
1. That the offender performs unlawful or unauthoried acts . That such acts provoke or give occasion for a war involving or liable to involve the hilippines or e!pose @ilipino citiens to reprisals on their persons or property. The crime of inciting to war or giving motives for reprisals is committed IN TIME %*
•
ELEMENTS:
1. that there is a war in which the hilippines is N%T involved . that there is a regulation issued by competent authority for the purpose of enforcing neutrality $. that the offender violates such regulation •
NEUTRALIT3 (E*INE(: -
( nation or power which takes no part in a contest of arms going on between others is referred to as NEUTRAL
Art 26: C%RRESP%N(ENCE WIT& &%STILE C%UNTR3 •
1. . $.
ELEMENTS:
that there is a war wherein the hilippines is involved the offender makes correspondence with the enemy country or territory occupied by enemy troops that the correspondence is either+ a. b. c.
•
prohibited by the government, or carried on in ciphers or conventional signs containing notice or information which might be useful to the enemy
C%RRRESP%N(ENCE (E*INE(: -
It is the communication by means of letters" or it may refer to the letters which pass between those who have friendly or business relations.
9ven if correspondence contains innocent matters, if the correspondence has been prohibited by the government, it is punishable. •
UALI*3IN CIRCUMSTANCES: -
a. b.
the following must concur+
that the notice or information might be useful to the enemy that the offender intended to aid the enemy
If the offender intended to aid the enemy by giving such information, the crime amounts to treason" hence, both have the same penalty
Art 262: *LI&T T% ENEM3HS C%UNTR3 •
ELEMENTS:
1. 2. $. %.
that there is a war in which the hilippines is involved that the offender must be owing allegiance to the government that the offender attempts to flee or go to enemy country that going to the enemy country is prohibited by competent authority
(n alien resident may be guilty of flight to enemy country because the allegiance contemplated under this article may be temporary or permanent. Here attempt to flee or go to enemy country consummates the crime @leeing or going to enemy country must be prohibited by competent authority, otherwise no crime is committed.
Art 266: PIRAC3 IN ENERAL AN( MUTIN3 %N T&E &I& SEAS %R IN P&IL WATERS •
PIRAC3 (E*INE(+ it is the robbery or forcible depredation in the high seas or in
hilippine 5ater without lawful authority and done with animo furandi and in the spirit and intention of universal hostility. •
1.
2.
•
TW% M%(ES %* PIRAC3:
by attacking or seiing a vessel on the high seas by seiing the whole or part of the cargo or e'uipment of the vessel, while on the high seas, %R the personal belongings of its complement or passengers, the offenders not being the members of the complement or passengers ELEMENTS:
1. that a vessel is on high seas . that the offenders are strangers to the vessel" meaning, they are not members of the complement or passengers of the vessel 3. that the offenders+ )a* attack that vessel, %R )b* seie the whole or part of the cargo of said vessel, its e'uipment, or the personal belongings of its complement or passengers if the offenders who seied the vessel by /violence or intimidation0, or /force upon things0 are members of the crew or passengers, piracy is N%T committed but robbery in the high seas. •
MUTIN3 IN T&E &I& SEAS: -
-
-
2
it is the )a* unlawful resistance to a superior officer, &3 )b* the raising of commotion and disturbances on board a ship against the authority of its commander, while the ship is on the high seas. Cistinguished from piracy, offenders in piracy are strangers to the vessels and with intent to gain. H&=H +A+- refer to any waters on the seacoasts, which are without the boundaries of the low-water mark, although such waters may be the urisdictional limits of a foreign government. %# @;6 "uni14e1 t4e a$t of AI(IN or ABETTIN PIRAC3
REUISITES: 2 N%WINL3:
a. b. c.
aids or protects pirates ac'uires or receives property taken by such pirates, or in any manner derives any benefit therefrom
2. (ire$tl5 or indire$tl5 a#et1 t4e $ommi11ion of "ira$5 Art 268: UALI*IE( PIRAC3 •
1. 2. 3.
SPECIAL UALI*3IN CIRCUMSTANCES:
Seiure of the vessel by boarding or firing upon the same. (bandonment of victims without means of saving themselves #rime is accompanied by Hurder, Bomicide, hysical Inuries, or 3ape
ualified Pira$5 i1 a 1"e$ial $om"le0 $rime (ny of said crimes that accompany the commission of piracy becomes an element of 'ualified piracy.
RA D68? ANTI-AIRCRA*T PIRAC3 %R &I7ACIN LAW %* 2G2 •
1. 2. $. %.
ACTS PUNIS&E(:
;surping or seiing control of aircraft of Philippine registry , while it is in flight, compelling the pilots thereof to change the course or destination. ;surping or seiing control of an aircraft of foreign registry, while within hilippine territory, compelling the pilots thereof to land in any part of hilippines territory. #arrying or loading on board an aircraft operating as a public utility passenger aircraft in the hilippines, flammable, corrosive, e!plosive or poisonous substances" and 8oading, shipping, or transporting on board a cargo aircraft operating as a public utility in the hilippines, flammable, corrosive, or poisonous substances, I@ not done in accordance with the rules and regulations of the (ir Transportation &ffice.
AIRCRA*T IS IN *LI&TF Q from the moment all e!terior doors are closed following
embarkation, until such time when any of such doors are again opened for embarkation.
Title 6 CRIMES AAINST T&E *UN(AMENTAL LAWS %* T&E STATE +ARTS 26>-288.
Art 26>: ARBITRAR3 (ETENTI%N •
Element1:
1. . $.
That the offender is a public officer or employee That he detains a person That the detention is without legal grounds.
LEAL R%UN(S *%R T&E (ETENTI%N %R PERS%NS:
1. The commission of a crime 2. Miolent insanity or other ailment re'uiring compulsory confinement of the patient in a hospital.
Art 26?: (ELA3 IN T&E (ELIVER3 %* (ETAINE( PERS%NS T% T&E PR%PER 7U(ICIAL AUT&%RITIES •
ELEMENTS:
1. That the offender is a public officer or employee . That he has detained a person for some legal ground )n.b. warrantless arrest* $. That he fails to deliver such person to the proper udicial authorities within the prescribed period. 1 hours Q light penalties or their e'uivalent. 1> hours Q correctional penalties or their e'uivalent $D hours Q afflictive penalties or their e'uivalent S4all fail to deli!er to "ro"er aut4oritie1F - does N%T mean physical delivery, but the making of an accusation or charge, or filing
of an information against the person arrested, with the corresponding court or udge. REUEST *%R PRELIMINAR3 INVESTIATI%N+ The person so arrested without a
warrant may re'uest for a preliminary investigation, but he must sign a waiver of (rt. 1D.
1. 2.
If the offender is a private individual, then the crime is #llegal detention In illegal detention, the detention is legal from the beginning, but becomes illegal after a certain period of time because the offended party is not delivered to the proper udicial authority within the period specified.
Art 26D: (ELA3IN RELEASE •
1.
2. 3.
ELEMENTS:
that the offender is a public officer or employee that )a* there is a udicial or e!ecutive order for the release of a prisoner or detention prisoner, %R )b* that there is a proceeding upon a petition for the liberation of such person that the offender without good reason )a* delays the service of the notice of such order to the prisoner, %R )b* the performance of such udicial or e!ecutive order for the release of the prisoner, or the proceedings upon a petition for the release of such person
Art 26G: E'PULSI%N •
ELEMENTS:
1. that the offender is a public officer or employee . that he+ a. e!pels any person from the hilippines, )illegal deportation* &3 b. compels a person to change his residence $. that the offender is not authoried by law to do so
•
AUT&%RIE( B3 LAW: 2 T% (EP%RT: -
&nly resident of the hilippines is authoried to deport aliens under the 3(#, Sec. D= with )1* investigation by the Ceportation 2oard and )* recommendation of such 2oard to the resident
6 T% C%MPEL C&ANE %* RESI(ENCE:
-&nly the #ourt by a final udgment can order a person to change his residence
Art 26: VI%LATI%N %* (%MICILE •
PUNIS&ABLE ACTS:
1. ENTERIN any dwelling against the will of the owner. The essence of the offense is the breaching of the e!press or implied opposition of prohibition of the owner. ( mere entry without consent will not constitute this crime. 2. SEARC&IN papers or other effects found therein without the previous consent of such owner. 3. RE*USIN to leave the premises+ )a* after having surreptitiously entered said dwelling (C, )b* after having re'uired to leave the same. T&E ESSENCE of t4e offen1e i1 t4e refu1al to lea!e, and not t4e entran$e wit4out $on1ent •
C%MM%N ELEMENTS:
. if any papers or effects not constituting evidence of a crime are not returned immediately, after a search is made by the offender.
Art 26: SEARC& WARRANTS MALICI%USL3 %BTAINE( AN( ABUSE IN T&E SERVICE %* T&%SE LEALL3 %BTAINE( •
PUNIS&ABLE ACTS:
1. 2 PR%CURIN a search warrant without ust cause" or 2. though having procured the same with ust cause+ a. b.
•
2 E'CEE(IN his authority &3, 2 USIN INNECESSAR3 SEVERIT3 in e!ecuting this search warrant legally procured
SEARC& WARRANT (E*INE(: -
it is an order in writing, issued in the name of the people of the hilippines, signed by a udge and directed to a peace officer commanding him to search for personal property described therein and bring it before the court.
Art 28: SEARC&IN (%MICILE WIT&%UT WITNESSES •
ELEMENTS:
1. that the offender is a public officer or employee . that he searches the domicile, papers, or other belongings of any person 3. That the owner or any member of his family, or two witnesses residing in the same locality are not present.
Art 282: PR%&IBITI%N, INTERRUPTI%N AN( (ISS%LUTI%N %* PEACE*UL MEETINS •
ELEMENTS:
1. that the offender is a public officer or employee . that he does any of the following prohibited acts+
a.
Prohibiting or interrupting the holding of a peaceful meeting, or dissolving the same, without legal ground"
-
there is no legal ground to /prohibit0 the meeting, when the danger is not imminent and the evil to be prevented is not a serious one. hindering any person from oining any lawful association or from attending any of its meetings" prohibiting or hindering any person from addressing , either alone or together with others, any petition to the authorities for the correction of abuses or redress of grievances
b.
c.
KK T4e offender mu1t #e a 1tran/er and not a "arti$i"ant t4ereto ot4erwi1e t4e $rime $ommitted would #e un;u1t !e0ation KK T4e interru"tion of a "ea$eful meetin/ of a muni$i"al $oun$il #5 a "u#li$ offi$er i1 a $rime a/ain1t a le/i1lati!e #od5 and not "uni14ed under t4i1 Arti$le
Art 286: INTERRUPTI%N %* RELII%US W%RS&IP
Art 288: %**EN(IN RELII%US *EELINS •
ELEMENTS:
1.
that the acts complained of were performed )a* in a place devoted to religious worship )not necessarily during a religious worship*, %R )b* during the celebration of any religious ceremony )not necessarily in he place of worship*" 2. That the acts must be notoriously offensive to the feelings of the faithful. TITLE III
CRIMES AAINST PUBLIC %R(ER C4a"ter I
Art 28>:Re#ellion, Cou" dHetat, Sedition, and (i1lo5alt5 Re#ellion or In1urre$tion Re#ellion Q the obect of the movement is to overthrow and supersede the e!isting
government. In1urre$tion Q it refers to a movement which seeks merely to effect some change of
minor importance, or to prevent the e!ercise of governmental authority with respect to particular matters or subects. •
ELEMENTS:
1. That there be+ a. public uprising" and b. taking arms against the government . That the purpose of the uprising or movement is either a. to remove from the allegiance to said 4overnment or its laws 1* the territory of the hilippines or any part thereof" or * any body of land, naval or other armed forces" or b. To deprive the #hief 9!ecutive or congress, wholly or partially, of any of their powers and prerogatives. •
(ctual clash of arms with the forces of the 4overnment is not necessary" it is sufficient that the purpose of the uprising must be shown although it was not accomplished.
•
Re#ellion ! Trea1on
3ebellion always involves taking up arms against the government, giving aid and comfort is not criminal in rebellion" Treason may be committed by mere adherence to the enemy giving them aid or comfort. •
Re#ellion ! Su#!er1ion
Subversion is a crime against national security" 3ebellion is a crime against public order. •
8evying war against the government during peacetime for any of the purposes mentioned in (rt. 1$% )#oup d’etat* is 3ebellion.
C%UP (HETAT &ow $ommitted: •
It is a swift attack
belonging to the military or police, or holding any public office or employment 5ith or without civilian support or participation, @or the purpose of+ seiing or diminishing state power. -
• •
Art 28?: Penalt5 for Re#ellion, In1urre$tion or Cou" dHetat W4o are Lia#le: A T4e leader1:
1. (ny person who )a* promotes )b* maintains, or )c* heads a rebellion or insurrection. . (ny person who )a* leads, )b* directs, or )c* commands others to undertake coup d’etat" B T4e "arti$i"ant1:
1. (ny person who )a* participates or )b* e!ecutes the commands of others in rebellion, insurrection or coup d’etat" . (ny person not in the government service who )a* participates, )b* supports, )c* finances, )d* abets or )e* aids in undertaking a coup d’etat. •
•
ublic officer must take active part, to be liable" mere silence or omission is not punishable in rebellion. 5hen rebellion, insurrection or coup d’etat shall be under the command of unknown leaders, any person who in fact directed the others spoke for them, signed receipts and other documents issue in their name, or performed similar acts, on behalf of the rebels, shall be deemed a leader of such rebellion, insurrection or coup d:etat.
•
3ebellion cannot be comple!ed with other common crimes on the occasion thereof, either as a means to its commission or as an intended effect of an activity that constitutes rebellion.
Art 28D: C%NSPIRAC3 AN( PR%P%SAL T% C%MMIT C%UP (HETAT, REBELLI%N %R INSURRECTI%N
1. There is Con1"ira$5 when+ 2. two or more persons come to an agreement to commit coup d’etat or rebellion as the case may be, and Cecide to commit it. There is Pro"o1al when+ 1. There is a person was decided to commit the crime of coup d’etat or rebellion as the case may be, and 2. roposes its e!ecution to some other person. • This is an instance where the law punishes preparatory acts.
Art 28G: (ISL%3ALT3 %* PUBLIC %**ICERS AN( EMPL%3EES A$t1 of di1lo5altie1 w4i$4 are "uni14ed:
1. @ailing to resist a rebellion by all the means in their power" or . #ontinuing to discharge the duties of their offices under the control of the rebels" or $. (ccepting appointment to office under them.
• •
This act presupposes the presence of rebellion by other persons. The offender must not be in conspiracy with the rebels. &therwise, his crime is the same as that of his co-conspirators.
3ebellion should not be committed.
•
Art28: SE(ITI%N ELEMENTS:
•
1. That the offenders rise )a* publicly and )b* tumultuously" . That they employ force, intimidation or other means outside of the legal methods" $. That the offenders employ any of those means to attain any of the following obects+ a. To prevent the promulgation or e!ecution of any law or the holding of any popular election" b. To prevent the ational 4overnment, or any provincial or municipal government, or any public officer therefrom from freely e!ercising its or his functions, or prevent the e!ecution of any administrative order" c. To inflict any act of hate or revenge upon the person or property of any public officer or employee" d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class" and e. To despoil, for any political or social end, any person, municipality or province, or the ational 4overnment of all its property or any part thereof. • •
ublic ;prising and an obect of sedition must concur. #ommon crimes are not absorbed in sedition.
Trea1on ! Sedition Trea1on is the violation by a subect of his allegiance to his sovereign, Sedition is the raising of commotion or disturbances in the state. •
Per1on1 Lia#le:
1. The leader of the sedition . &ther persons participating in the sedition
Art 2>2: C%NSPIRAC3 T% C%MMIT SE(ITI%N •
&nly conspiracy to commit sedition is punishable, and not proposal to commit sedition.
Art 2>6: INCITIN T% SE(ITI%N Puni14a#le A$t1:
1. Inciting others to the accomplishment of any of the acts of sedition, by means of speeches, proclamations, writings, emblems, etc. • The essence is the inciting of the people to rise publicly and tumultuously. It is the use of words, emblemsUetc. and not the performance of the act of sedition, which is punished in inciting to sedition. . ;ttering seditious words or speeches which tend to disturb the public peace. $. 5riting, publishing, or circulating scurrilous libels against the government or any of the duly constituted authorities, which tend to disturb the public peace. (ctual disturbance or disorder is N%T necessary to inciting to sedition. • Inciting to sedition to accomplish any of its obects" Element1: 1. That the offender does N%T take direct part in the crime of sedition. 2. That he incites others to the accomplishment of any of the act which constitutes sedition. $. That the inciting is done by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end. •
•
Utterin/ 1editiou1 word1 or 1"ee$4e1 and writin/ and "u#li14in/ or $ir$ulatin/ 1$urrilou1 li#el1 are "uni14a#le J w4en:
1. They tend to disturb or obstruct any lawful officer in e!ecuting the functions of his office.
-
The words must be of such nature that by uttering them there is a danger of a public uprising and that such danger should be both clear and imminent. 6 T4e (an/erou1 Tenden$5 Rule
- There is inciting to sedition when the words uttered or published could easily produce disaffection among the people and a state of feeling in them incompatible with a disposition to remain loyal to the 4overnment and obedient to the laws.
C&APTER II CRIMES AAINST P%PULAR REPRESENTATI%N
Art 2>8: ACTS TEN(IN T% PREVENT T&E MEETIN %* T&E ASSEMBL3 AN( SIMILAR B%(IES Element1:
1. That there be a. a proected meeting or actual meeting, b. of the ational (ssembly or any of its committees or subcommittees, constitutional commissions or committees or divisions, or of any provincial board or city or municipal council or board. . That the offender who may be any person PREVENTS such meeting by force or fraud.
Art 2>>: (ISTURBANCE %* PR%CEE(INS Element1:
1. That there be a meeting of the #ongress or any of its committees or subcommittees, #onstitutional #ommissions or committees, or any provincial board or city or municipal council or board. . That the offender does any of the following acts+ a. Be disturbs any of such meetings b. Be behaves while in the presence of any such bodies, in such a manner as to interrupt its proceedings or to impair the respect due it. •
&ne who disturbs the proceedings of the #ongress, may also be punished for contempt by the #ongress.
Art 2>?: Violation %* PARLIAMENTAR3 IMMUNIT3 Puni14a#le A$t1:
1. ;sing force, intimidation, threats, or fraud to prevent any member of #ongress from" a. (ttending any meetings of the #ongress or any of its committees or subcommittees, #onstitutional #ommissions or committees or divisions" or b. 9!pressing his opinions" or c. #asting his vote . (rresting or searching any member while the #ongress is in regular session or special session, e!cept in case such member has committed a crime punishable under the #ode by a penalty of rision Hayor or higher. C4a"ter III ILLEAL ASSEMBLIES *orm1 of ille/al A11em#l5:
1. (ny meeting attended by armed persons for the purpose of committing any of the crimes punishable under the #ode.
•
•
•
ersons merely present at the meeting must have a common intent to commit the felony of illegal assembly. It is necessary that the audience is actually incited. If in the meeting the audience is incited the commission of rebellion or sedition, the crimes committed are ILLEAL ASSEMBL3 as regards to the organiers or leaders or persons merely present" I#ITI4 T% REBELLI%N or SE(ITI%N insofar as the one inciting them in concerned. If any person carries an unlicensed firearm, it is presumed that the purpose of the meeting insofar as he is concerned is to commit acts punishable under the 3# and he is considered a leader or organier of the meeting.
Art 2>G: ILLEAL ASS%CIATI%NS Pro4i#ited A11o$iation1:
1. (ssociation totally or partially organied for the purpose of committing any of the crimes punishable under the #ode. . (ssociation totally or partially organied for some purpose contrary to public morals. Per1on1 Lia#le:
1. @ounders, directors and president of the association. . Hembers of the association
Art 2>: (IRECT ASSAULTS ind1:
1. Simple (ssault . ?ualified (ssault 6 Wa51 to Commit:
1. 5ithout public uprising, by employing force or intimidation for the attainment of any purposes enumerated in defining the crimes of sedition and rebellion. &ffended party need not be a person in authority or his agent, they may be a private individual. . 5ithout public uprising, by attacking, by employing force or seriously intimidating or by seriously resisting any person in authority of any of his agents, while engaged in the performance of official duties, or on the occasion of such performance. (ire$t A11ault i1 ualified w4en:
1. #ommitted with a weapon . offender is a public officer or employee $. &ffender lays hands upon a person in authority • •
(dditional penalty for attacking an ambassador or minister )3( E6* Pnowledge of the accused that the victim is a person in authority or his agent is essential" must have the intent to defy the authorities.
Art 2>: Indire$t ASSAULT Element1:
1. That a person in authority or his agent is the victim of any of the forms of direct assault defined in (rt. 1%>. . That a person comes to the aid of such authority or his agent. $. That the offender makes use of force or intimidation upon such person coming to the aid of the authority of his agent. • •
#an be committed only when a direct assault is also committed &ffended party may be a private person" any person who comes to the aid of a person in authority of his agent.
Art 2?: (IS%BE(IENCE T% SUMM%NS ISSUE( B3 T&E NATI%NAL ASSEMBL3, ITS C%MMITTEES %R SUBC%MMITTEES, B3 T&E C%NSTITUTI%NAL C%MMISSI%N,
$. 3efusing 3efusing to answer answer any any legal in'uiry in'uiry or or to produce produce any books, books, papers, papers, document documents, s, or records in his possession, when re'uired by them to do so in the e!ercise of their functions. %. 3estraining 3estraining another another from attendin attending g as a witness in in such legislative legislative or constitu constitutional tional body. 6. Indu Inducin cing g disob disobed edie ienc nce e to summon summons s or refusal refusal to be sworn sworn by any any such such body or official.
Art 2?2: RESISTANCE AN( (IS%BE(IENCE T% A PERS%N IN AUT&%RIT3 %* T&E AENTS %* SUC& PERS%N Element1 of Re1i1tan$e and Seriou1 (i1o#edien$e:
1. That a person person in authorit authority y or his agent agent is engaged engaged in in the performan performance ce of official official duty duty or gives a lawful order to the offender. . That the offender offender resists resists or serious seriously ly disobeys disobeys such such person in authorit authority y or his agent. agent. $. That the the act of the offend offender er is not includ included ed in the provis provision ions s of 1%> Q 16G ) Cirect Cirect assault, Indirect assault, and Cisobedience to summonsU, respectively* Element1 of Sim"le (i1o#edien$e:
1. That an agent agent of person person in authority authority is engaged engaged in the performan performance ce of official official duty duty or gives a lawful order to the offender. . That the offender offender disobeys disobeys such agent agent of a person person in authority authority.. $. That such such disobedienc disobedience e is not of a serious serious nature. •
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The crime consists consists of the failure to comply with the direct orders issued issued by the authorities in the e!ercise of official duties. Cistinction+
The person person in authority authority or his agent must be engaged engaged in the (ire$t (ire$t A11ault A11ault:: The performance of official duties of that he is assaulted by reason thereof. Re1i1tan$e: ersons in authority or his agent must be in actual performance of duties there is is force force employed employed.. (ire$t A11ault: That there serious, as there is no manifest manifest intention to defy the Re1i1tan$e+ ;se of force is not so serious,
law and officers enforcing it.
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Per1on in aut4orit5
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A/ent of "er1on in aut4orit5
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(ny person directly vested with urisdiction, whether as an individual or as a member of some court or government owned or controlled corporation, board or commission.
any person who by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, such as barangay councilman, barangay policeman, barangay leader officers and members of the 2arangay #ommunity 2rigades, and any person who comes to the aid of persons in authority. 2arangay captain and barangay chairs are also deemed as persons in authority.
Per1on1 in aut4orit5 in$lude:
1. . $. %. 6. D.
Hunici Huni cipa pall mayo mayorr Civisi Civision on super superint inten endent dent of schoo schools ls ublic ublic and privat private e schoo schooll teach teachers ers Teac Teache her" r" nurs nurse e resid resident ent of Sanitary Sanitary divisi division on rov rovin inci cial al fis fisca call
Puni14a#le a$t1:
1. #ausing #ausing any serious serious disturb disturbance ance in public place, place, office office or establis establishment hment.. . Interrupting Interrupting or disturb disturbing ing public public performances performances,, functions functions or gatherings, gatherings, or or peaceful peaceful meetings, if the act is not included in 1$1-1$ $. Haking an outcry outcry tending tending to incite incite rebellion rebellion or sedition sedition in any meeting, meeting, associatio association, n, or public place. %. Cisplaying Cisplaying placards placards or emblem emblems s which provoke provoke a disturbance disturbance of public public order order in such place. 6. 2urying 2urying with pomp pomp the body body of a person person who has has been legally legally e!ecuted. e!ecuted. •
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Serious disturbance must be planned or intended. subversive or provocative provocative words tending to stir up the people to %UTCR3 - to shout subversive obtain by means of force or violence any of the obects of rebellion or sedition. If TUMULTU%US, crime is 'ualified.
Art 2?>: UN UNLA LAW*U W*UL L US USE E %* MEANS MEANS %* PUBLI PUBLICA CATI% TI%N N AN( AN( UN UNLA LAW* W*UL UL UTTERANCES Puni14a#le a$t1:
1. ublishing ublishing or causing causing to be publishe published, d, by means of printing, printing, lithography lithography or or any other means of publication, as news, any false news which may endanger the public order, or to cause damage to the interest or credit of the State. . 9ncouraging 9ncouraging disobedi disobedience ence to to the law or to the constit constituted uted authoritie authorities s or by praising, praising, ustifying ustifying or e!tolling e!tolling any act punished punished by law, by the same means or by words, utterances or speeches. $. Haliciously Haliciously publish publishing ing or causing causing to be publishe published d any official official resolution resolution or document document without authority, or before they have been published officially. %. rin rinti ting ng,, publ publis ishi hing ng or dist distur urbi bing ng )or )or caus causin ing g the the same same** book books, s, pamp pamphl hlet ets, s, periodicals, or leaflets which do not bear the real printer’s name, or which are classified as anonymous. • •
(ctual public disorder or actual damage to the credit of the State is not necessary. &ffender must know that the news is false
Art 2??: ALARMS AN( SCAN(ALS Puni14a#le A$t1@
1. Cischar Cischargin ging g any firearm, firearm, rocket, rocket, firecrack firecracker, er, or other other e!plosiv e!plosive e within within any town town or public place calculated to cause alarm or danger )should not be aimed at a person otherwise, shall be liable of (rt. 6%* . Inst Instiga igati ting ng or takin taking g an activ active e part part in any chariv charivari ari or other other disorde disorderl rly y meet meetin ing g offensive to another or preudicial to public tran'uility. $. Cisturbing Cisturbing the the public peace peace while while wandering wandering about about at night night or while engaged in any other nocturnal amusements. %. #ausing #ausing any disturbance disturbance or or scandal in in public places places while while into!icated into!icated or otherwise otherwise,, provided 16$ is not applicable. •
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The act act must must produce produce alarm alarm or or danger danger as a conse'uenc conse'uence. e. C&ARIVARI Q includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult. If the disturbance is of a serious nature, the case will fall under (rt. 16$.
Art 2?D: (ELIVERIN PRIS%NERS *R%M 7AIL Element1:
1. That there is is a person confined confined in a ail ail or penal establish establishment ment )detenti )detention on included* included* . That the offender offender removes removes such such person, person, or helps helps the escape escape of such person. person. •
The offender offender is usually usually an outsider. outsider.
$. That That he evades evades the servic service e of his his sent senten ence ce by esca escapi ping ng during during the term of his his sentence. )by reason of final udgment* Cir$um1tan$e1 9ualif5in/ t4e offen1e:
1. . $. %.
2y mean means s of of unla unlawf wful ul entr entry y 2y breaking breaking doors, windows, windows, gates, gates, walls, roofs or floors. floors. 2y using picklock picklocks, s, false keys, keys, disguise disguise,, deceit, deceit, violence, violence, or intimidatio intimidation n Through connivance connivance with with other convicts convicts or employee employees s of the penal penal institution. institution.
Art Art 2?: 2?: EVAS EVASI% I%N N %* SERV SERVIC ICE E %* SENT SENTEN ENCE CE %N T&E T&E %CCA %CCASI SI%N %N %* (IS%R(ERS, C%N*LARATI%N, EART&UAES %R %T&ER CALAMITIES Element1:
1. That the offender offender is a convict convict by final final udgment, udgment, and is is confined confined in a penal penal institution institution . That ther there e is diso disorde rderr result resulting ing from from++ a. #onf #onfla lagr grat atio ion n b. 9art arth'ua 'uake c. 9!plosion d. Simi Similar lar catast catastro roph phe e e. Hutiny Hutiny in which which he has has not not partic participat ipated ed $. That the offender offender evades evades the service service of his sentenc sentence e by leaving leaving the penal instituti institution on where he is confined, on the occasion of such disorder or during the mutiny. %. That the offender offender fails to give give himself himself up to the authorit authorities ies within within %> hours hours following following the issuance of a proclamation by the #hief 9!ecutive announcing the passing away of such calamity. • •
If the offender fails to give himself up, he gets an increased penalty. If the offender gives himself up, he is entitled to a deduction of his sentence.
Art 2?: %T&ER CASES %* EVASI%N %* SENTENCE +C%N(ITI%NAL PAR(%N. Element1:
1. That the offende offenderr was was a convi convict ct . That he was granted granted a conditional conditional pardon pardon by the #hief #hief 9!ecutiv 9!ecutive e $. That he he violated violated any of of the conditions conditions of such such pardon pardon •
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Miolation of #onditional ardon is a distinct crime" #onditional ardon is a contract between the convict and the #hief 9!ecutive. #onditions e!tend to special laws &ffender must be found guilty of subse'uent offense before he can be prosecuted under (rt. 16= &ffender can be arrested and reincarcerated without trial Q in accordance with Sec. D% )1* of the 3(# Curation of the conditions subse'uent is limited to the remaining period of the sentence.
Art 2D: C%MMISSI%N %* AN%T&ER CRIME (URIN T&E SERVICE %* PENALT3 IMP%SE( *%R AN%T&ER PREVI%US %**ENSE +UASI-RECI(IVISM. UASI-RECI(IVISM, defined
( special aggravating circumstance where a person after having been convicted by final udgment, udgment, shall commit commit a new felony before beginnin beginning g to serve such sentence, sentence, or while while serving the same. Element1:
1. That the the offender offender was already convicted convicted by by final final udgment udgment . That he committ committed ed a new felony felony before before beginn beginning ing to serve such such sentenc sentence e or while while
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#annot be offset by ordinary mitigating circumstances.
W4o $an #e PAR(%NE(:
1. (t the age of EG if he shall have already served out his original sentence ) N%T A &ABITUAL CRIMINAL*" or . 5hen he shall complete it after reaching the said age, unless by reason of his conduct or other circumstances he shall not be worthy of such clemency TITLE IV CRIMES AAINST PUBLIC INTEREST
ART 2D2: C%UNTER*EITIN T&E REAT SEAL %* T&E %VERNMENT, T&E SINATURE, %R T&E STAMP %* T&E C&IE* E'ECUTIVE Puni14a#le A$t1:
1. @orging the 4reat Seal of the 4overnment of the hilippines . @orging the signature of the resident $. @orging the stamp of the resident
Art 2D6: USIN *%RE( SINATURE %R C%UNTER*EIT SEAL %R STAMP Element1:
1. That the 4reat Seal of the 3epublic was counterfeited or the signature or stamp of the #hief 9!ecutive was forged by another person. . That the offender knew of the counterfeiting or forgery. $. That he used the counterfeit seal or forged signature or stamp. •
The offender should not be the forger
Art 2D8: MAIN AN( IMP%RTIN AN( UTTERIN *ALSE C%INS Element1:
1. That there be false or counterfeited coins . That the offender either made, imported or uttered such coins $. That in case of uttering such false or counterfeited coins, he connived with the counterfeiters or importers •
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#oin is *ALSE or C%UNTER*EITE(, if it is forged or if it is not authoried by the 4overnment as legal tender, regardless of its intrinsic value. To UTTER is to pass counterfeit coins, includes delivery or the act of giving them away. @ormer coins withdrawn from circulation may be counterfeited. #oins of foreign country not included.
Art 2D>: MUTILATI%N %* C%INS, IMP%RTATI%N AN( UTTERANCE %* MUTILATE( C%INS Puni14a#le A$t1:
1. Hutilating coins of the legal currency, with the further re'uirement that there be intent to damage or to defraud another. . Importing or uttering such mutilated coins, with the further re'uirement that there must be connivance with the mutilator or importer in case of uttering. •
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Hutilation of foreign currency not included. MUTILATI%N Q to take off part of the metal either by filling it or substituting it for another metal of inferior 'uality.
a. ossession b. 5ith intent to utter c. Pnowledge . (ctually uttering such false or mutilated coin, knowing the same to be false or mutilated Element1:
a. (ctually uttering b. Pnowledge • •
Coes not re'uire legal tender (ccused must have knowledge of the fact that the coin is false
Art 2DD: *%RIN TREASUR3 %R BAN N%TES %R %T&ER (%CUMENTS PA3ABLE T% T&E BEARER@ IMP%RTIN AN( UTTERIN SUC& *ALSE %R *%RE( N%TES AN( (%CUMENTS Puni14a#le A$t1:
1. @orging or falsification of treasury or bank notes or other documents payable to bearer . Importation of such false or forged obligations or notes $. ;ttering of such false or forged obligations or notes in connivance with the forgers or importers. Note1 and ot4er %#li/ation1 and Se$uritie1 t4at ma5 #e for/ed or fal1ified under 2DD:
1. Treasury or bank notes . #ertificates $. &ther obligations and securities, payable to bearer.
Art 2DG: C%UNTER*EITIN, IMP%RTIN AN( UTTERIN INSTRUMENTS N%T PA3ABLE T% BEARER Element1:
1. That there be an instrument payable to order or other such document of credit not payable to bearer . That the offender either forged, imported or uttered such instrument $. That in case of uttering, he connived with the forger or importer.
Art 2D: ILLEAL P%SSESSI%N AN( USE %* *ALSE TREASUR3 %R BAN N%TES AN( %T&ER INSTRUMENTS %* CRE(IT Element1:
1. That any treasury or bank note or certificate or other obligation and security payable to bearer or any instrument payable to the order or other document of credit not payable to bearer is forged or falsified by another person. . That the offender knows that any of those instruments is forged or falsified. $. That he performs any of these acts+ a. ;sing any of such forged or falsified instruments b. ossession with intent to use of any of such forged or falsified instruments. &ow *or/er5 i1 $ommitted:
1. 2y giving a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document. . 2y erasing, substituting, counterfeiting or altering by means the figures, letters, words, or sign contained therein. $. @orgery includes falsification and counterfeiting •
The accused must e!ert effort to make it appear like a genuine document.
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b. instrument authoried by a notary public or a competent public official with the solemnities re'uired by law. 2. %ffi$ial do$ument J issued by a public official in the e!ercise of the functions of his office" also a public document. 3. Commer$ial do$ument Q defined and regulated by the #ode of #ommerce or other #ommercial 8aw. 4. Pri!ate do$ument Q a deed or instrument e!ecuted by a private person without the intervention of a notary public or other person legally authoried, by which document, some disposition or agreement is proved, evidenced or set forth. Importance of #lassification+ 1. In private documents, criminal liability will not arise unless there is damage caused to third person. Here falsity will not bring about criminal liability. . In public or commercial documents, criminal liability can arise although no third person suffered damage.
Art 2G: *ALSI*ICATI%N %* LEISLATIVE (%CUMENTS Element1:
1. That there be a bill, resolution or ordinance enacted or approved or pending approval by the ational (ssembly or any provincial board or municipal council . That the offender alters the same $. That he has no proper authority %. That the alteration has changed the meaning of the document. •
*%RER3 as used in (rt. 1D= refers to the alteration, substitution or counterfeiting
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of words, letters, signatures of treasury notes or bank notes or any instrument payable to bearer or to order. Haking it appear like a genuine instrument. *ALSI*ICATI%N is the commission of any of the acts mentioned in (rt. 1E1 on legislative, public or official, commercial, or private documents. The bill, resolution, ordinanceU must be ENUINE
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Art 2G2: *ALSI*ICATI%N B3 PUBLIC %**ICER, EMPL%3EE@ %R N%TAR3 %R ECCLESIASTICAL MINISTER Element1:
1. That the offender is public officer, employee or notary public . That he takes advantage of his official position+ )re'uisites* a. Be has a duty to make or prepare or otherwise intervene in the preparation of the document b. Be has official custody of the document which he falsifies. . That he falsifies a document by committing any of the following acts+ a. #ounterfeiting or imitating any handwriting, signature or rubric b. #ausing it to appear that persons have participated in any act or proceeding when they did not in fact so participate. c. (ttributing to persons who have participated in an actor proceeding statements other than those in fact made them. d. Haking untruthful statements in a narration of facts. e. (ltering true dates. f. Haking any alteration or intercalation in a genuine document which changes its meaning. g. Issuing in an authenticated form a document purporting to be a copy of an original document when no such original copy e!ists, or including in such copy to, or different from that of the genuine original. h. Intercalating any instrument or note relative to the issuance in a protocol, registry or official book. • 4enuine document in pars. f,g,h is necessary. • @alsification may be committed by simulating or fabricating a document. • In case the offender is an ecclesiastical minister, the act of falsification is
Art2G6: *ALSI*ICATI%NS B3 PRIVATE IN(IVI(UALS USE %* *ALSI*IE( (%CUMETS PUNIS&ABLE ACTS: 1. *al1ifi$ation of "u#li$ , offi$ial, indi!idual •
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$ommer$ial do$ument #5 a "ri!ate
ossessor of a falsified document is presumed to be the author of the falsification. Camage or intent to cause the damage is not necessary in (rt.1E par.1
. *al1ifi$ation of "ri!ate do$ument #5 an5 "er1on • The offender must have counterfeited the false document and he must have performed an independent act which operates to the preudice of a third person. U1e of a fal1ified do$ument 0. #n a ;udicial proceeding -
as evidence, with knowledge of falsity
2. #n any other transaction
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5ith knowledge of falsity, caused or with intent to cause damage to another.
*ALSI*ICATI%N a1 a mean1 to $ommit ESTA*A
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5hen committed on a document through any of the acts of falsification enumerated in (rt. 1E1 as a necessary means to commit another crime, the two crimes form a C%MPLE' CRIME
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2ut the document falsified as a necessary means to commit another crime must be PUBLIC, %**ICIAL or C%MMERCIAL. If one makes use of a private document, which re'uires another independent act independent of the falsification, which he falsified, to defraud another, there results only one crime Q *ALSI*ICATI%N %* A PRIVATE (%CUMENT
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If a private document is falsified to conceal the misappropriation of the money or other personal property which has been in the possession of the offender the crime is Q ESTA*A WIT& ABUSE %* C%N*I(ENCE
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If the estafa was already consummated at the time of the falsification of the private document, or that the falsification was committed for the purpose of concealing the estafa, the falsification is not punishable because there was no damage or intent to cause damage with regard to the falsification.
Art 2G8: *ALSI*ICATI%N %* WIRELESS, CABLE, TELERAP& AN( TELEP&%NE MESSAES, AN( USE %* SAI( *ALSI*IE( MESSAES Puni14a#le A$t1:
1. . $.
;ttering fictitious wireless, telegraph or telephone message. @alsifying wireless, telegraph or telephone message. ;sing such falsified message.
U1in/ fi$titiou1 me11a/e or fal1if5in/ t4e 1ameF Element1:
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That the offender is an officer or employee of the 4overnment or an officer or employee of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message. That the offender commits any of the following acts+ a. ;ttering fictitious wireless, cable, telegraph or telephone message" or b. @alsifying wireless, cable, telegraph, or telephone message. The public officer, to be liable, must be engaged in the service of sending or receiving wireless cable, telegraph or telephone message.
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rivate individuals cannot be a principal by direct participation in falsification of telegraphic dispatches under (rt. 1E$ (ct. o. 1>61, Sec. %, punishes private individuals who forge or alter telegram.
Art 2G>: *ALSI*ICATI%N %* ME(ICAL CERTI*ICATES, *ALSE CERTI*ICATES %* MERIT %R SERVICE, ETC CERTI*ICATE Q is any writing by which testimony is given that a fact has or has not
taken place. PERS%NS LAIBLE *%R *ALSI*ICATI%N %* CERTI*ICATES:
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hysician or surgeon who, in connection with the practice of his profession, issued a false certificate. +IT MUST RE*ER T% T&E ILLNESS %R IN7UR3 %* A PERS%N. •
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The name of the crime is *ALSE ME(ICAL CERTI*ICATE by a physician.
ublic officer who issued a false certificate of merit or service, good conduct or similar circumstances. The name of the crime is *ALSE CERTI*ICATE %* MERIT %R SERVICE by a public officer. rivate individual who falsified a certificate falling in the classes mentioned in nos. 1 and . The crime is *ALSE ME(ICAL CERTI*ICATE by a private individual or *ALSE CERTI*ICATE %* MERIT %R SERVICE by a private individual.
Art 2G?: USIN *ALSE CERTI*ICATES Element1:
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That a physician or surgeon had issued a false medical certificate, or a public officer had issued a false certificate of merit or service, good conduct, or similar circumstances, or a private person has falsified any of said certificates.
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That the offender knew that the certificate was false.
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That he used the same.
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5hen any of the false certificates mentioned in (rt. 1E% is used in the udicial proceeding, (rt. 1E does not apply, because the use pf false document in udicial proceeding under (rt. 1E is limited to those false documents embraced in (rt. 1E1 and 1E.
Art
2GD:
MANU*ACTURIN IMPLEMENTS *%R *ALSI*ICATI%N
AN(
P%SSESSI%N
%*
INSTRUMENT
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A$t1 "uni14a#le:
1. Haking or introducing into the hilippines any stamps, dies, marks, or other instruments or implements for counterfeiting of falsification. . ossessing with intent to use the instruments or implements for counterfeiting or falsification made in or introduced into the hilippines by another person. TITLE SI' %* B%% TW%, RPC CRIMES AAINST PUBLIC M%RALS +Art1 2?-66.
)1* (ny person who, in any manner, directly or indirectly takes part in any illegal or unauthoried activities or games of1. cockfighting, ueteng, ai-alai or horse racing to include bookie operations and game fi!ing, numbers, bingo and other forms of lotteries" . cara y cru or pompiang and the like" $. E-11 and any game using dice" %. black ack, lucky nine, poker and its derivatives, mote, baccarat, cuao, pangguingue and other card games" 6. pak 'ue, high and low, mahong, domino, and other games using plastic tiles and the like" D. slot machines, roullete, pinball and other mechanical contraptions and devices" E. dog racing, boat racing, car racing, and other forms of races" >. basketball, bo!ing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fi!ing, point shaving and other machinations" =. banking or percentage game, or any other game or scheme, whether upon chance or scheme, wherein wagers consisting of money, articles of value or representative of value are at stake or made. )* (ny person who knowingly permits any form of gambling, os. )1 to =*, to be carried on in an inhabited or uninhabited place, or in any building, vessel or other means of transportation owned or controlled by him. )b* The penalty of prision correccional in its ma!imum period and a fine of si! thousand pesos shall be imposed upon+ )1* any person who shall knowingly permit any form of gambling to be carried on in a place which has a reputation of a gambling place or that prohibited gambling is fre'uently carried on therein, or in a public or government building or barangay hall" )* the maintainer or conductor of the gambling schemes. )ote+ 2anker is not mentioned in the decree.* )c* The penalty of prision mayor in its medium period with temporary absolute dis'ualification or a fine of D,GGG shall be imposed if the maintainer, conductor or banker of the gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, udge or coach in case of game fi!ing, point shaving and other machination. )d* The penalty of prision correccional in its medium period or a fine ranging from %GG to ,GGG shall be imposed upon any person who knowingly and without lawful purpose in any hour of any day possesses any lottery list, paper, or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the games of ueteng, ai-alai or horse racing bookies and similar games of lotteries and numbers which have taken place or about to take place. am#lin/ is a game or scheme the result of which depends wholly or chiefly è upon chance or haard. Pla5in/ of monte for mone5 i1 not a ne$e11ar5 element );.S. vs. 3afael, $ hil. 1>%*. A /ame or 1$4eme i1 "uni14a#le even if the winning depends upon skill, Vwhen wagers consisting of money, articles or value or representative of value are at stake or made.V C4a"ter III %**ENSES AAINST (ECENC3 AN( %%( CUST%MS
Art 6: ra!e S$andal #onsists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same. Element1:
1. That the offender performs an act or acts. . That such act or acts be highly scandalous as offending against decency and good customs. $. That the highly scandalous conduct is not e!pressly falling within any other
a. If in public place, there is criminal liability irrespective of whether the immoral act was in open public view" b. If in private place, public view is re'uired. ublic view does not re'uire numerous persons. 9ven if there was only one person who witnessed the offensive act for as long as the third person was not an intruder, grave scandal is committed provided the acts do not fall under any other crime in the 3#.
Art 62: Immoral (o$trine1, %#1$ene Pu#li$ation1 and E04i#ition1, and Inde$ent S4ow1 +A1 amended #5 P( D. Per1on1 lia#le:
1. Those who shall publicly e!pound or proclaim doctrines openly and contrary to public morals" . The authors of obscene literature, published with their knowledge in any form" the editors publishing such literature" and the ownersJoperators of the establishment selling the same" $. Those who, in theaters, fairs, cinematographs or any other place, e!hibit indecent or immoral plays, scenes, acts or shows, it being understood that the obscene literature or indecent or immoral plays, scenes, acts or shows, whether live or in film, which are proscribed by virtue hereof, shall include those which+ a. 4lorify criminals or condone crimes b. Serve no other purpose but to satisfy the market for violence, lust or pornography c. &ffend any race or religion d. Tend to abet traffic in the use of prohibited drugs and e. (re contrary to law, public order, morals, good customs, established policies, lawful orders, decrees and edicts" Those who shall sell, give away, or e!hibit films, prints, engravings, 4. sculptures, or literature, which are offensive to morals. Te1t of %#1$enit5+ 5hether or not the material charged as obscene has the tendency
to deprave and corrupt the minds of those open to the influence, or into whose hands such material may come to )Pottinger 3ule*. 5here such obscenity is made publicly, criminal liability arises. It is more on the effect upon the viewer and not alone on the conduct of the performer.
Art 66: Va/rant1 and Pro1titute1 Per1on1 lia#le:
1. (ny person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself or herself to some lawful calling" . (ny person found loitering about public or semipublic buildings or places, or tramping or wandering about the country or the streets without visible means of support" $. (ny idle or dissolute person who lodges in houses of ill-fame" ruffians or pimps and those who habitually associate with prostitutes" %. (ny person who, not being included in the provisions of other articles of this #ode, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or ustifiable purpose" 6. rostitutes )women who, for money or profit, habitually indulge in se!ual intercourse or lascivious conduct*. rostitution is a term applicable also to a man if he engages in the same conduct+ se! for money does not constitute prostitution but vagrancy. The common concept of a vagrant is a person who loiters in public places without any visible means of livelihood and without any lawful purpose. The law punishes the act involved here as a stepping stone to the commission of other crimes. 5ithout this article, law enforcers would have no way of checking a person loitering in the wrong place at the wrong time.
Re9ui1ite1:
&ne must be1. Taking part in the performance of public functions in the 4overnment or performing in said 4overnment or in any of its branches public duties as an employee, agent or subordinate official of any rank or class. . That his authority to take part in the performance of public functions or to perform public duties must bea. 2y direct provision of law b. 2y popular election c. 2y appointment by competent authority ;nder the (nti-4raft and #orrupt ractices (ct )(4#(*, the term public officer is broader and more comprehensive because it includes all persons whether an official or an employee, temporary or not, classified or not, contractual or otherwise. (ny person who receives compensation for services rendered is a public officer. C4a"ter II CRIMES %* MAL*EASANCE AN( MIS*EASANCE IN %**ICE
MIS*EASANCE- improper performance of some act which might lawfully be done MAL*EASANCE- the performance of some act which ought not to be done N%N*EASANCE- omission of some act which ought to be performed
Art 6>: nowin/l5 renderin/ un;u1t ;ud/ment Element1:
1. . $. %.
That the offender is a udge" That he renders a udgment in a case submitted to him for decision" That the udgment is unust" That the udge knows that his udgment is unust.
<udgment is a final consideration and determination of a court of competent urisdiction upon the matters submitted to it, in an action or proceeding. ( mere fact that the udge promised to the other party that he would decide the case against the complainant does not prove that the udgment is unust. It is possible that such udgment is supported by the facts and the law. The rule re'uires that udgment should be rendered by the udge with conscious and deliberate intent to do an inustice.
Art 6?: 7ud/ment rendered t4rou/4 ne/li/en$e Element1:
1. . $. %.
That the offender is a udge" That he renders a udgment in a case submitted to him for decision" That the udgment is manifestly unust" That it is due to his ine!cusable negligence or ignorance.
Art 6D: Un;u1t interlo$utor5 order Element1:
1. That the offender is a udge" . That he performs any of the following acts+ a. Pnowingly renders unust interlocutory order or decree" or b. Be renders a manifestly unust interlocutory order or decree through ine!cusable negligence or ignorance.
Art 6G: Mali$iou1 dela5 in t4e admini1tration of ;u1ti$e
Puni14a#le a$t1:
1. Haliciously refraining from instituting prosecution against violators of the law . Haliciously tolerating the commission of offenses Pre!ari$a$ion+ Cereliction of duty in the prosecution of offenses+ Element1:
1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute offenses. . That there is dereliction of the duties of his office" that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission. $. That the offender acts with malice and deliberate intent to favor the violator of the law. Per1on1 lia#le:
1. ublic officer . (n officer of the law •
revaricacion used to be a crime under the Spanish #odigo enal wherein a public officer, regardless of his duty, violates the oath of his office by not carrying out the duties of his office for which he was sworn to office thus amounting to dereliction of duty.
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The thrust of prevaricacion is the breach of the oath of office by the public officer who does an act in relation to his official duties.
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The crime committed by the law violator must be proved first. If the guilt of the lawviolator is not proved, the person charged with dereliction of duty under this article is not liable.
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2I3 officers, agents, or employees who, having knowledge or information of a violation of the Internal 3evenue 8aw, fail to report such knowledge or information to their superiors, shall be punished under that law, not under this provision.
Art 6: Betra5al of tru1t #5 an attorne5 or 1oli$itor Puni14a#le a$t1:
1. #ausing damage to his client, either+ a. 2y any malicious breach of professional duty" or b. Ine!cusable negligence or ignorance. -t4ere mu1t #e dama/e to t4e $lient
. 3evealing any of the secrets of his client learned by him in his professional capacity. -dama/e i1 not ne$e11ar5
$. ;ndertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of the said first client, or after having received confidential information from said client. -if t4ere i1 $on1ent, no $rime •
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V5ith a view to engaging-V disclosure here is already confidential )3evised 3ules on 9vidence*. The nominal liability under this article may be constituted either from breach of professional duties in the handling of the case or it may arise out of the confidential relation between the lawyer and the client. 2reach of professional duty- tardiness in the prosecution or the case for which reason the case was dismissed for being non-prosecuted" or tardiness on the part of the defense counsel leading to declaration of default and adverse udgment. 2reach of confidential relation- revealing information obtained or taking advantage thereof by accepting the engagement with the adverse party. There is no need to prove that the client suffered damages. The mere breach of confidential relation is punishable.
(IRECT BRIBER3
Art 62: (ire$t #ri#er5 Puni14a#le a$t1:
1. (greeing to perform, or by performing, in consideration of any offer, promise, gift or presentan act constituting a crime, in connection with the performance of his official duties. . (ccepting a gift in consideration of the e!ecution of an act which does not constitute a crime, in connection with the performance of his official duty. $. (greeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.
ublic officer receives a gift There is an agreement between the public officer and the giver of the gift or present The offender agrees to perform or performs an act or refrains from doing something because of the gift or promise
ualified #ri#er5- committed by public
IN(IRECT BRIBER3
ublic officer receives a gift ;sually no such agreement
ot necessary that the officer would do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office
officers entrusted with the enforcement of law and whose duty is to arrest and prosecute those who violate them where the penalty for the same is reclusion perpetua or higher. •
@or purposes of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer.
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The gift may be received by the public officer himself or through a third person.
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The gift or present must be capable of pecuniary estimation.
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The crime of direct bribery may be committed only in the attempted and consummated stages, because in frustrated felony, the offender must have performed all the acts of e!ecution which would produce the felony as a conse'uence.
In (ire$t #ri#er5, $on1ider w4et4er t4e offi$ial a$t w4i$4 t4e "u#li$ offi$er a/reed to do i1 a $rime or not:
1. If it will amount to a crime, it is not necessary that the corruptor should deliver the consideration on the doing of the act. . If it is not a crime, the consideration must be delivered by the corruptor before a public officer can be prosecuted for bribery. •
2ribery refers to the act of the receiver and the act of the giver is #orruption of ublic &fficial.
Art 622: Indire$t #ri#er5 Element1:
1. That the offender is a public officer. . That he accepts gifts. $. That the said gifts are offered to him by reason of his office. -o attempted or frustrated stage
Art 626: Corru"tion of "u#li$ offi$ial1 Element1:
1. That the offender makes offers or promises or gives gifts or presents to a public officer.
with regard to furnishing supplies, the making of contracts, or the adustment or settlement of accounts relating to public property or funds. . Cemanding, directly or indirectly, the payment of sums different from or larger that those authoried by law, in the collection of ta!es, licenses, fees, and other imposts. $. @ailing voluntarily to issue a receipt as provided by law, for any sum of money collected by him officially, in the collection of ta!es, licenses, fees, and other imposts. %. #ollecting or receiving, directly or indirectly, by way of payment or otherwise, things or obects of a nature different from that provided by law, in the collection of ta!es, licenses, fees, and other imposts. Element1 of fraud1 a/ain1t "u#li$ trea1ur5 +"ar 2.:
1. That the offender be a public officer. . That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity. $. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to )1* furnishing supplies )* the making of contracts, or )$* the adustment or settlement of accounts relating to public property or funds. %. That the accused had intent to defraud the 4overnment. •
#rime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the 4overnment.
Element1 of ille/al e0a$tion1:
1. The offender is a public officer entrusted with the collection of ta!es, licenses, fees, and other imposts. . Be commits any of the following acts+ a. Cemanding, directly or indirectly, the payment of sums different from or larger that those authoried by law" b. @ailing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially" or c. #ollecting or receiving, directly or indirectly, by way of payment or otherwise, things or obects of a nature different from that provided by law. • Here demand for larger or different amount is sufficient to consummate the crime. • 5hen there is deceit in demanding greater fees than those prescribed, the crime is +TA9A and ('T &=A $A"T&'(. • &fficers or employees of the 2ureau of Internal 3evenue or 2ureau of #ustoms not covered by this article. The ational Internal 3evenue #ode or the (dministrative #ode applies. • The essence of the crime is not misappropriation of any of the amounts but the improper making of the collection which would preudice the accounting of collected amounts by the 4overnment. • @irst form+ shall demand an amount different from what the law provides payable to the 4overnment. • In this form, mere demand will consummate the crime, even if the ta!payer shall refuse to come across with the amount being demanded. That will not affect the consummation of the crime. Se$ond form+ Shall collect payment due the government without issuing an official receipt or receipt prescribed by law.
The act of receiving payment due the government without issuing a receipt will give rise to illegal e!action even though a provisional receipt has been issued. 5hat the law re'uires is a receipt in the form prescribed by law, which means official receipt. T4ird form: shall accept by way of payment due to the government that which is not in the form prescribed by law.
Art 62?: Pro4i#ited tran1a$tion1 Element1:
1. That the offender is an appointive public officer. . That he becomes interested, directly or indirectly, in any transaction of e!change or speculation. $. That the transaction takes place within the territory subect to his urisdiction. %. That he becomes interested in the transaction during his incumbency. •
It is sufficient under this article that the appointive officer has an interest in any transaction of e!change or speculation, such as, buying and selling stocks, commodities, land, etc., hoping to take advantage of an e!pected rise or fall in price.
Art 62D: Po11e11ion of "ro4i#ited intere1t #5 a "u#li$ offi$er Per1on1 lia#le:
1. ublic officer who, directly or indirectly, became interested in any contract or business which it was his official duty to intervene. . 9!perts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adudication of which they had acted. $. 4uardians and e!ecutors with respect to the property belonging to their wards or the estate. • • •
(ctual fraud is not necessary. Intervention must be by virtue of the public office held. #orrelate with (rt. MI Sec. 1% of the 1=>E #onstitution" (rt. MII Sec. 1$ and (rt. IF-( Sec. .
CRIMES CALLE( MALVERSATI%N %* PUBLIC *UN(S %R PR%PERT3 +Art1 62G662.
Art 62G: Mal!er1ation of "u#li$ fund1 or "ro"ert5 Puni14a#le A$t1:
1. (ppropriating public funds or property . Taking or misappropriating the same $. #onsenting or through abandonment or negligence, by permitting any other person to take such public funds or property %. 2eing otherwise guilty of the misappropriation or malversation of such funds or property Common element1:
1. That the offender is a public officer who has+ a. official custody of public funds or property or the duty to collect or receive funds due to the 4overnment b.the obligation to account for them to the 4overnment. . That he had the custody or control of funds or property by reason of the duties of his office. $. That those funds or property were public funds or property for which he was accountable. %. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them. Mal!er1ation ma5 #e $ommitted #5 "ri!ate indi!idual1 in t4e followin/ $a1e1:
1. Those in conspiracy with public officers guilty of malversation" . Those who are accessory or accomplice to a public officer"
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the office, which is the controlling factor in determining whether or not the accused is an accou%ntable public officer. ( public officer having only a 'ualified charge of government property without authority to part with physical possession of it, unless, upon order from his immediate superior, cannot be held liable for malversation. If the offender is not the one accountable but somebody else, the crime committed is theft. It will be 'ualified theft if there is abuse of confidence. 5hen private property is attached or seied by public authority and the public officer accountable therefor misappropriates the same, malversation is also committed. (ny overage or e!cess in the collection of an accountable public officer should not be e!tracted by him and it is commingled with the public funds. Halversation may be committed by abandonment or negligence. The measure of negligence is the standard of care commensurate with the occasion, and then endeavor to ascertain how far short of this standard falls the act or omission in 'uestion. 5hen an accountable public officer makes a wrong payment through honest mistake as to the law or to the facts concerning his duties, he is not liable for malversation. Be is only civilly liable. 8ack of criminal intent or good faith is a defense in malversation not committed through negligence. resumption of misappropriation- when a demand is made upon an accountable officer and he cannot produce the fund or property involved, there is prima facie presumption that he had converted the same to his own use. resumption arises only if at the time the demand to produce the public funds was made, the accountability of the accused is already determined and li'uidated. There can be presumption unless and until the amount of his accountability is already known.
Art 62: *ailure of a$$ounta#le offi$er to render a$$ount1 Element1:
1. That the offender is a public officer, whether in the service or separated therefrom. . That he must be an accountable officer for public funds or property. $. That he is re'uired by law or regulation to render accounts to the #ommission on (udit, or to a provincial auditor. %. That he fails to do so for a period of mos. (fter such accounts should be rendered. • Hisappropriation is not necessary. • Cemand for accounting is not necessary. It is sufficient that there is a law or regulation re'uiring him to render account.
Art 62: *ailure of a re1"on1i#le "u#li$ offi$er to render a$$ount1 #efore lea!in/ t4e $ountr5 Element1:
1. That the offender is a public officer. . That he must be an accountable public officer for public funds or property. $. That he unlawfully left )or be on the point of leaving* the hilippines without securing from the #ommission on (udit a certificate showing that his accounts have been finally settled. • The act of leaving the country must be unauthoried or not permitted by law. • 5hen an accountable officer leaves the country without first settling his accountability or otherwise securing a clearance from the #&( regarding such accountability, the implication is that he left the country because he has misappropriated the funds under his accountability.
Art 66: Ille/al u1e of "u#li$ fund1 or "ro"ert5 This crime is known as te$4ni$al mal!er1ation because the fund or property is already earmarked or appropriated for a certain public purpose.
MALVERSATI%N
ILLEAL USE
&ffenders are accountable public officers &ffenders in certain cases profit from the proceeds of the crime The public fund is to be applied to the personal use and benefit of the offender or of another person
&ffenders are accountable public officers &ffenders do not derive personal gain or profit The public fund or property is applied to another public use
Art 662: *ailure to ma<e deli!er5 of "u#li$ fund1 or "ro"ert5
unishable (cts+ 1. @ailing to make payment by a public officer who is under obligation to make such payment from 4overnment funds in
his possession. . 3efusing to make delivery by public officer who has been ordered by competent authority to deliver any property in his custody or under his administration. )3efusal must be malicious*
Art 666: %ffi$er1 in$luded in t4e "ro!i1ion1 rivate individuals who may be liable under (rts. 1E-1+ 1. rivate individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenue, or property. . (dministrator or depository of funds or property, attached, seied, or deposited by public authority even if such property belongs to a private individual. Art 668: Conni!in/ wit4 or $on1entin/ to e!a1ion Element1:
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1. That the offender is a public officer. . That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final udgment. $. That such prisoner escaped from his custody. %. That he was in connivance with the prisoner in the latterWs escape. The crime is infidelity in the custody of prisoners if the offender involved is the custodian of the prisoner. 5hen a chief of police released a detention prisonerJs, because he could not file a complaint against them within the time fi!ed in (rt. 16, he is not guilty of infidelity in the custody of prisoners. There is real and actual evasion of service of a sentence when the custodian permits the prisoner to obtain a rela!ation of his imprisonment and to escape the punishment of being deprived of his liberty, thus making the penalty ineffectual, although the convict may not have fled. If the ail guard who allowed the prisoner to escape is already off-duty at that time and he is no longer the custodian of the prisoner, the crime committed by him is delivering prisoners from ail. The crime can be committed also by a private person if the custody of the prisoner has been confided to a private person.
Art 66>: E!a1ion t4rou/4 ne/li/en$e Element1:
1. That the offender is a public officer. . That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final udgment. $. That such prisoner escapes through negligence. •
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5hat is punished under this is such a definite la!ity as all but amounts to deliberate non-performance of duty on the part of the guard. The fact that the public officer recaptured the prisoner who had escaped from his custody does not afford complete e!culpation.
Art 66?: E1$a"e of "ri1oner under t4e $u1tod5 of a "er1on not a "u#li$ offi$er Element1:
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This article does not apply the principle in conspiracy that Vthe act of one is the act of all.V If the offender is not the custodian of the prisoner, he is guilty of the crime of delivering prisoners from ail.
Art 66D: Remo!al, $on$ealment, or de1tru$tion of do$ument1 Element1:
1. That the offender be a public officer. . That he abstracts, destroys or conceals a document or papers. $. That the said document or papers should have been entrusted to such public officer by reason of his office. %. That damage, whether serious or not, to a third party or to the public interest should have been caused. Remo!al mu1t #e for illi$it "ur"o1e wit4 t4e intention eit4er to:
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a. tamper with it b. profit by it c. #ommit an act constituting a breach of trust in the official care thereof. If the officer was placed in possession of the document but it is not his duty to be the custodian thereof, this crime is not committed. 5ith respect to official documents, infidelity is committed by destroying the documents, or removing the document or concealing the document. Camage to public interest is necessary. Bowever, material damage is not necessary. The simple act of retaining the mail without forwarding the letters to their destination, even though without opening them or taking the moneys they contained, already constitutes infidelity on the part of the post office official.
Art 66G: %ffi$er #rea<in/ 1eal Element1:
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That the offender is a public officer. That he is charged with the custody of papers or property. That these papers or property are sealed by proper authority. That he breaks the seal or permits them to be broken.
5here documents are sealed by competent authorities, it is evident that the purpose thereof is to ensure their preservation. It is not re'uired that there be damage caused or that there be intent to cause damage.
Art 66: %"enin/ of $lo1ed do$ument1 Element1:
1. . $. %.
That the offender is a public officer. That any closed papers, documents, or obects are entrusted to his custody. That he opens or permits to be opened said closed papers, documents or obects. That he does not have proper authority.
Art 66: Re!elation of 1e$ret1 #5 an offi$er Puni14a#le A$t1:
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1. 3evealing any secrets known to the offending public officer by reason of his official capacity. . Celivering wrongful papers or copies of papers of which he may have charge and which should not be published. This article does not include the revelation of secrets of the State to belligerent nation, because such acts are already defined and punished as espionage in (rt. 11E or #( o. D1D. Camage is an element of an offense.
Art 68: Pu#li$ offi$er re!ealin/ 1e$ret1 of "ri!ate indi!idual Element1:
1. That the offender is a public officer. . That he knows of the secrets of a private individual by reason of his office
. That there is a udgment, decision or order of a superior authority. $. That such udgment, decision or order was made within the scope of the urisdiction of the superior authority and issued with all the legal formalities. 4. That the offender without any legal ustification openly refuses to e!ecute the said udgment, decision or order, which he is duty bound to obey. Art 686: (i1o#edien$e to order of 1u"erior offi$er w4en 1aid order wa1 1u1"ended #5 inferior offi$er Element1:
1. That the offender is a public officer. . That an order is issued by his superior for e!ecution. $. That he has for any reason suspended the e!ecution of such order. %. That his superior disapproves the suspension of the e!ecution of the order. 6. That the offender disobeys his superior despite the disapproval of the suspension. •
The order of the superior must be legal" otherwise, this article is inapplicable.
Art 688: Refu1al of a11i1tan$e Element1:
1. That the offender is a public officer. . That a competent authority demands from the offender that he lend his cooperation towards the administration of ustice or other public service. $. That the offender fails to do so maliciously
Art 68>: Refu1al to di1$4ar/e ele$ti!e offi$e Element1:
1. That the offender is elected by popular election to a public office. . That he refuses to be sworn in or to discharge the duties of said office. $. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office. • •
The refusal must be without legal motive. (rt. $% penalies refusal to discharge the duties of an elective office" refusal to discharge the duties of an appointive office is not covered by this article.
Art 68?: Maltreatment of "ri1oner1 Element:
1. That the offender is a public officer . That he has under his charge a prisoner or detention prisoner $. That he maltreats such prisoner in either of the following manners+ a. 2y overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either)1* )*
by the imposition of punishments not authoried by the regulations, or by inflicting such punishments )those authoried* in a cruel and humiliating manner" or b. 2y maltreating such prisoner to e!tort a confession or to obtain some information from the prisoner.
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The maltreatment )1* must relate to the correction or handling of the prisoner, or )* must be for the purpose of e!torting a confession or of obtaining some information from the prisoner. If the public officer is not the custodian of the prisoner and he manhandled the latter, the crime is physical inuries. If the maltreatment was done in order to e!tort confession thereof, the constitutional right of the prisoner is further violated. The penalty is 'ualified to the ne!t higher degree.
Art 68G- Prolon/in/ "erforman$e of dutie1 and "ower1 Element1:
1. That the offender is holding a public office. . That the period provided by law, regulations or special provisions for holding such office, has already e!pired. $. That he continues to e!ercise the duties and powers of such office.
Art 68: A#andonment of offi$e or "o1ition Element1:
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That the offender is a public officer. That he formally resigns from his position. That his resignation has not yet been accepted. That he abandons his office to the detriment of the public service.
Art 68: U1ur"ation of le/i1lati!e "ower1 Element1:
1. That the offender is an e!ecutive or udicial officer. . That he )a* makes general rules or regulations beyond the scope of his authority or )b* attempts to repeal a law or )c* suspends the e!ecution thereof.
Art 6>: U1ur"ation of e0e$uti!e fun$tion1 Element1:
1. That the offender is a udge. . That he )a* assumes a power pertaining to the e!ecutive authorities, or )b* obstructs the e!ecutive authorities in the lawful e!ercise of their powers.
Art 6>2: U1ur"ation of ;udi$ial fun$tion1 Element1:
1. That the offender is an officer of the e!ecutive branch of the 4overnment. . That he )a* assumes udicial powers, or )b* obstructs the e!ecution of any order or decision rendered by any udge within his urisdiction. The purpose of this article is to maintain the separation and independence of the $ departments of the government and to keep the $ branches within the legitimate confines of their respective urisdictions and the officers thereof within the scope of their lawful authority.
Art 6>6: (i1o#e5in/ re9ue1t for di19ualifi$ation Element1:
1. That the offender is a public officer. . That a proceeding is pending before such public officer. $. That there is a 'uestion brought before the proper authority regarding his urisdiction, which is not yet decided. %. That he has been lawfully re'uired to refrain from continuing the proceeding. 6. That he continues the proceeding.
Art 6>8: %rder1 or re9ue1t1 #5 e0e$uti!e offi$er1 to an5 ;udi$ial aut4orit5 Element1:
1. That the offender is an e!ecutive officer. . That he addresses any order or suggestion to any udicial authority. $. That the order or suggestion relates to any case or business coming within the e!clusive urisdiction of the courts of ustice.
Art 6>>: Unlawful a""ointment1 Element1:
1. That the offender is a public officer . That he nominates or appoints a person to a public office. $. That such person lacks the legal 'ualifications thereof %. That the offender knows that his nominee or appointee lacks the 'ualifications at the time he made the nomination or appointment.
Art 6>?: A#u1e1 a/ain1t $4a1tit5
$. 2y soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer Element1
1. That the offender is a public officer. . That he solicits or makes immoral or indecent advances to woman. $. That such woman must be+ a. interested in matters pending before the offender for decision, or with respect to which he is re'uired to submit a report to or consult with a superior officer" b. under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrests" or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender •
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T4e e11en$e of t4e $rime i1 mere ma<in/ of immoral or inde$ent 1oli$itation or ad!an$e1 T4e $rime i1 al1o $ommitted if t4e woman i1 a "ri1oner and t4e offender i1 4er ;ail warden
TITLE CRIMES AAINST PERS%NS C4a"ter %ne (ESTRUCTI%N %* LI*E
Art 6>D: PARRICI(E Element1:
1. that a person is killed . that the deceased is killed by the accused $. that the deceased is the father, mother, or child, whether legitimate or illegitimate, or a legitimate other ascendant or other descendant, or the legitimate spouse of the accused. • • •
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3elationship of the offender with the victim is the essential element. The child should not be less than $ days old, otherwise the crime is infanticide. 3elationship is essential element 1. &nly relatives by blood and in the direct line, e!cept the spouse, are considered in parricide. There is no parricide in the killing of brothers or sisters being merely collateral. . It must be a legitimate relationship e!cept for parent and child where relationship could either be legitimate or illegitimate. 3. 2y blood, e!cept for husband and wife, there is no parricide in the killing of the adopter of the adoptee or vice versa. #ases when a person committed a parricide but not imposed the severe penalty )reclusion perpetua to death*.
Parri$ide t4ou/4 ne/li/en$e +Art 8D?. Parri$ide #5 mi1ta<e +Art 6>.
Art 6>G: Parri$ide under e0$e"tional $ir$um1tan$e1 •
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In the killing of a spouse, there must be a valid subsisting marriage at the time of the killing. (lso the information should allege the fact of such marriage between accused and the victim. Harriage certificate is the best evidence, in the absence oral evidence of the fact of marriage may be considered by the trial court if such proof is not obected to. )eople v. Halabago Cec. 11=D* The fact of marriage is necessarily included in the information, failure to allege the
relationship is an element. Separate one information shall be information must be filed for parricide the prepared for all the conspirators. murder or homicide on the part of the nonrelative conspirator as the case may be. To conceal dishonor of the mother is not a To conceal mothers dishonor is mitigating circumstance. mitigating. 2. (EAT& or P451i$al In;urie1 Infli$ted Under E0$e"tional Cir$um1tan$e1 Element1:
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a* a legally married person or a parent surprises his spouse or his daughter, the latter under 1> years of age and living with him, in the act of committing se!ual intercourse with another" b* he or she kills any or both of them or inflicts upon any or both of them any serious physical inury in the act or immediately thereafter" and Be has not promoted of facilitated prostitution of his wife or c" daughter, or that he or she has not consented to the infidelity of the other spouse. (pplicable if the daughter is still single. Take note that the discovery, the escape, the pursuit and the killing must all form part of one continuous act. This (rticle does not define a crime but provides a privilege" the rationale for this is that the killing or inury was without sufficient intelligence because of the overwhelming passion. Cestierro is not a penalty because there is no criminal liability, it is simply provided for the protection of the accused against retaliation or vendetta. 5here mere physical inuries were inflicted there is no liability to speak of. ote that the killing must always be the direct by product of the accused rage, the same being continuous even though the killing took place at a latter time. 5here third persons were inured in the course of the firing by the accused of the paramour, the accused cannot be held liable as inflicting death under the e!ceptional circumstances is not murder. )eople v. (barca September 1=>E*
ISSUES to #e re1ol!ed:
1. 5as the surprising made while the intercourse is taking place, . 5as the killing made during that time or immediately thereafter.
Art 6>: Murder Element1:
1. ( person was killed" . The accused killed him" $. Pilling was accompanied by any of the 'ualifying circumstances mentioned in (rt. %>" %. Pilling is not parricide or infanticide. ualif5in/ Cir$um1tan$e1:
1. 5ith treachery, taking advantage of superior strength , with the aid of armed men, or employing means to weaken defense, or of means or persons to insure or afford impunity" . in consideration of price, reward, or promise"
3. 2y means of fire, poison, e!plosion, etc. 4. on occasion of any calamities enumerated in the preceding paragraph, or of an earth'uake, eruption of a volcano, destructive cyclone, or any other public calamity"
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5here the circumstances alleged in the information are not the circumstances proved in the trial, it is not murder because any of the 'ualifying circumstances in (rt. %> is an ingredient of murder and not merely 'ualifying circumstances.
3ules for the application of the circumstances which 'ualify the killing to murder+ 1. That murder will e!ist with only one of circumstances described in (rt. %>. a. 5hen more than one of said circumstances is present, the others must be considered as generic aggravating. . That when the other circumstances are absorbed or included in one 'ualifying circumstance, they cannot be considered as generic aggravating" $. That any of the 'ualifying circumstance under (rt. %> must be alleged in the information.
Art 6>: &omi$ide Element1:
1. a person was killed" . accused killed him without any ustifying circumstance" $. accused had intention to kill, which is presumed" and 4. Pilling was not attended by any of the 'ualifying circumstances of murder, or by that of parricide or infanticide. •
Intent to kill, conclusively presumed when death resulted, when the victim does not die, intent to kill becomes a specific criminal intent which must be established beyond reasonable doubt, otherwise the crime shall fall under physical inuries.
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9vidence of intent to kill is important only in attempted or frustrated homicide. It is a hornbook doctrine that an accused cannot be charged of an offense unless it is clearly charged in the complaint or information. ( person charged with homicide by stabbing cannot be convicted when the cause of death is drowning. )eople v. &rtega, <r., <uly 1==E*
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&ow 14ould 4omi$ide $ommitted wit4 t4e u1e of an unli$en1ed firearm #e dominated=
The crime should be homicide, aggravated by illegal possession of firearm, and not illegal possession of firearm, aggravated by homicide as ruled by the trial court as it is the former offense which aggravates the homicide under amendatory law. )eople v. #astillo, @eb. GGG* •
3( >=% amended C 1>DD, it now provides that if homicide or murder is committed with the use of an unlicensed firearm, such use of unlicensed firearm shall be considered as aggravating circumstance.
Art 6?2: (eat4 $au1ed in a tumultuou1 affra5 Element1:
1. there be several persons" . they did not compose groups organied for the common purpose of assaulting and attacking each other reciprocally" $. these several persons 'uarreled and assaulted one another in a confused and tumultuous manner" %. someone was killed in the course of the affray" 6. it cannot be ascertained who actually killed the deceased" and 6. erson or persons who inflicted serious physical inuries or who use violence can be identified.
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The /someone0 that is killed may be a participant in the affray or a mere passerby.
Art 6?6: P451i$al in;urie1 infli$ted in a tumultuou1 affra5 Element1:
1. there is tumultuous affray" . a participant or some participants thereof suffer serious physical inuries or physical inuries or less serious physical inuries only" $. person responsible thereof cannot be identified" and %. all who appear to have used violence upon offended party are known. •
Inured party must be one or some of the participants in the tumultuous affray. • &nly one who used violence is liable. • enalty is one degree lower than that for physical inury inflicted. • Slight inuries e!cluded.
Art 6?8: i!in/ A11i1tan$e to Sui$ide A$t Puni14a#le:
1. assisting another to commit suicide, whether same is consummated or not" . by lending his assistance to another to commit suicide to the e!tent of doing the killing himself. Eut4ana1ia- mercy killing
- the practice of painlessly putting to death a person suffering from some incurable disease. ot considered as lending assistance to suicide because the person killed does not want to die. ( doctor who resorts to mercy-killing of his patient may be liable for murder.
Art 6?>: (i1$4ar/e of firearm1 Element1:
1. &ffender discharges a firearm against or at another person" and 2. &ffender has no intention to kill that person. •
If there was no intent to kill and the person shot at was hit, the crime would be a comple! crime of illegal discharge of firearm with serious physical inuries. If the inury was slight, two crimes are committed, illegal discharge of firearm and slight physical inury.
Art 6??: Infanti$ide Element1:
1. a child was killed" . deceased child was less than $ days )E hrs.* of age" and 3. (ccused killed the child. •
#oncealing dishonor is not an element of infanticide but the same may mitigate liability only of the mother or maternal grandparents.
W4at i1 re9uired if t4e !i$tim i1 fetu1=
The fetus must already be viable" otherwise the crime is not infanticide but abortion. If the fetus had an intra-uterine life of less than seven months and it was destroyed within % hours after its complete separation from the womb, it is still abortion.
Art 6?D: Intentional A#ortion ACTS PUNIS&ABLE+
1. by using any violence upon a pregnant woman" . by acting but without using force, without the consent of the woman, ) by
$. as a result of such violence or by administering drugs or beverages, or any acts of the accused, foetus dies, either in the womb or after having been e!pelled therefrom. •
ote+ If foetus could sustain an independent life and is killed, it is infanticide" otherwise it is abortion.
Art 6?G: Unintentional A#ortion ELEMENTS+
1. there is pregnant woman" . violence is used upon such pregnant woman" $. violence is intentionally committed" and 4. (s a result of such violence fetus dies, either in the womb or after having been e!pelled therefrom. INTENTI%NAL
UNINTENTI%NAL
5ith or without violence Hay be by strangers or by the woman herself or the parents Stranger knows of the pregnancy of the woman
5ith violence )physical* 2y strangers only Stranger may not know the pregnancy
Art 6?: A#ortion "ra$ti$ed #5 t4e woman 4er1elf or #5 4er "arent1 ELEMENTS@
1. there is pregnant woman who suffered abortion" . abortion is intended" $. abortion is caused by+ a. the pregnant woman herself" b. any other person with her consent" c. (ny other person with her consent for the purpose of concealing her dishonor. If the same is sought to conceal dishonor, same may mitigate liability of the mother only.
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Art 6?: A#ortion "ra$ti$ed #5 a "451i$ian or midwife and di1"en1in/ of a#orti!e1 ELEMENTS:
1. there is a pregnant woman who suffered abortion" . abortion is intended" $. offender, who must be physician or midwife, caused or assists in causing abortion" 4. hysician or midwife takes advantage of hisJher scientific knowledge or skill. ELEMENTS WIT& RESPECT T% P&ARMACIST:
1. offender is a pharmacist" . no proper prescription from a physician" 3. &ffender dispenses any abortive. •
3( X %E= regulates sale dispensation and distribution of contraceptive drugs and devises. AB%RTI%N
@etus is still drawing life from its mother ;mbilical cord is not yet cut
IN*ANTICI(E
Mictim is already a person ;mbilical chord is cut and the infant is still alive The baby had an intra-uterine life of less The baby had an intra-uterine life of less than seven months and is killed within % than E months and it is killed after % hours hours
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The woman cannot commit unintentional abortion against herself, it is always intentional.
Art 6D: Re1"on1i#ilit5 of "arti$i"ant1 in a duel (UEL- formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on its side, who make selection of arms and fi! all other conditions of the fight. ACTS PUNIS&ABLE:
1. by killing one’s adversary in a duel" . by inflicting upon such adversary physical inuries" and $. by making a combat although no physical inuries have been inflicted. Per1onH1 Lia#le+
1. person who killed or inflicted physical inuries upon his adversary, or both combatants any other case as principals" 2. Seconds and accomplices.
Art 6D2: C4allen/in/ to a duel ACTS PUNIS&E(@
1. by challenging another to duel" . inciting another to give or accept a challenge to duel" 3. Scoffing or decrying another publicly for having refused to accept a challenge to fight in a duel. •
If one is moved by ill-feeling or hatred it is not challenging to duel.
Per1on1 Re1"on1i#le:
1. challenger . instigator •
( person who challenges another to a duel commits grave coercion. If killing occurs, it is homicide or murder as the case may be.
P&3SICAL IN7URIES
Art 6D6: Mutilation IN(S:
1. Intentionally mutilating another by depriving him, either totally or partially of some essential organ for reproduction" . Intentionally making other mutilation that is by looping or clipping off any part of the body of the offended party other than the essential organ for reproduction to deprive him of that part of the body. ELEMENTS:
1. that there be a castration, that is, mutilation of organs necessary for generation such as pen . is and ovarium" 3. That mutilation is caused purposely and deliberately, that is to deprive the offended party of some essential organ of reproduction. •
The common mistake is to associate this with reproductive organs only. Hutilation includes any part of the human body that is not susceptible to grow again. )Hayhem*
P&3SICAL IN7URIES
beyond $G days.
healing or treatment, incapacitated from work for less than $G days.
Ceformity is created upon the offended party, healing duration or period of treatment is disregarded. Ceformity" a* The inury brought about an ugliness upon the offended" b* Such ugliness would not disappear through natural healing process.
P451i$al In;urie1
or treatment, however if medical treatment e!ceeds = days it would 'ualify as 8ess Serious. This involves ill treatment where there is no sign of inury re'uiring medical treatment. Ill-treatment- is committed by inflicting of pain although there is no wound but the pain suffered gives rise to slight physical inuries.
Attem"ted or 4omi$ide)murder
fru1trated
The means employed is not capable Intent to kill is determined, of resulting to death. • BowY Cetermined by the means employed, an overt act to kill must be established and it cannot simply be manifested by oral threats.
RAPE +RA 8?8.
Art 6DD-A: Ra"e, W4en and &ow Committed 3ape is committed1. by a man who shall have carnal knowledge of a woman under any of the following circumstances+ a* Through force, threat or intimidation" b* 5hen the offended party is deprived of reason or otherwise unconscious" c* 2y means of fraudulent machination or grave abuse of authority" and d* 5hen the offended party is under twelve )1* years of age or is demented, even though none of the circumstances mentioned above is present. . 2y any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of se!ual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or obect, into genital or anal orifice of another person. A//ra!atin/)ualif5in/ Cir$um1tan$e1 in$rea1e1 "enalt5 to (EAT&
1. Mictim is under 1> and offender is the parent, ascendant, step-parent, and guardian, relative by consanguinity or affinity within the $ rd civil degree, or the common-law of the parent of the victim. . Mictim is under the custody of the police or military authorities or any law enforcement or penal institution. 3. 3ape is committed in full view of the spouse, parent, any of the children or other relatives within the $ rd civil degree. &T9+ <urisprudence used presence instead of full-view" therefore, hearing distance is possible, relation by affinity not included.
>. 5hen by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability. =. 5hen the offender knew of the pregnancy of the offended party at the time of the commission of the crime. 1G. 5hen the offender knew of the mental disability, emotional disorder and or physical handicap of the offended party at the time of the commission of the crime. N%TE: T4e a#o!e 1tated $ir$um1tan$e1 mu1t #e alle/ed in t4e information to #e a""re$iated a1 1u$4 T4e Su"reme Court did not im"o1e deat4 on t4e followin/:
1. age of the victim was not alleged in the information" . relationship of the offender and offended not alleged though proved" $. minority and relationship not alleged" 4. 5here the accused was alleged as stepfather in the information but proved later that he is merely a common-law spouse of the parent of the offended. Pardon #5 t4e offended "art5=
The valid marriage between the offender and the offended party shall e!tinguish the action or penalty imposed. *or$e in Ra"e
It does not mean violently, but with the description of force which must be e!ercised in order to accomplish the act for there is no doubt that unlawful connection with a woman in a state of consciousness, produced by profound sleep, stupor or otherwise amounts to rape. @orce may not be irresistible, all that is necessary that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. Intimidation in ra"e
This includes moral kind that is, threatening the victim with knife. Intimidation is addressed to the mind of the victim and is, therefore subective. Its presence cannot be tested by any hard and fast rule, but must be viewed in the light of the victim’s perception and udgment at the time of the crime. The working of the human mind under emotional state are unpredictable, people react differently in such situations. Statutor5 Ra"e
This is carnal knowledge of a woman below 1 years old. @orce and intimidation need not be proved" sweetheart defense is not a defense. The birth certificate is the best evidence. #onsent is immaterial, what is at stake is that the child is of tender age and does not have a will of her own.
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Some do$trinal "rin$i"le1+
1. @ull or complete penetration of the private parts is not necessary as the only essential point to prove is the entrance or at least the introduction of the male organ in the labia of the pudendum. 2. The absence of medical findings by the medico-legal officer does not disprove the commission of rape, neither is the presentation of the victim’s torn panty fatal to the prosecutions case. $. The purpose of the medical e!amination is corroborative in nature. @urthermore, the presence of a laceration in the vagina is not an essential prere'uisite to prove that a victim has been raped. %. So long as the testimony of the victim meets the test of credibility, the accused may be convicted of the offense. 6. In incestuous the moral ascendancy of the parent takes the place of force or violence. CRIMES AAINST LIBERT3
Art 6DG: idna""in/ and 1eriou1 ille/al detention Element1:
1* that the offender is a private individual * that he kidnaps or detains another, or in any manner deprives the latter of his liberty 3" That the act of detention or kidnapping must be illegal. 4" That in the commission of the offense, any of the ff. circumstances is present. a. that the kidnapping or detention lasts for more than $ days b. that it is committed simulating public authority c. that any serious physical inuries are inflicted upon person kidnapped or detained or threats to kill him are made. d. That the person kidnapped or detained is a minor, female or a public officer. Cetention for more than $ days not necessary when any of the other circumstances is present Mictim need not be placed in an enclosure restraint need not be permanent.
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ualif5in/ Cir$um1tan$e:
(eat4 Penalt5
1. urpose is to e!tort ransom . If victims is killed, raped or tortured as a conse'uence Ran1om+ Honey, price or consideration paid or demanded for redemption of a captured
person that would release then from captivity. •
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Pidnapping connotes the idea of transporting the offended party from one place to another Illegal detention connotes the idea, that is restrained of his liberty without necessarily transporting him from one place to another 5hen victim is killed because of his refusal to pay the ransom kidnapping being necessary to commit the murder it is comple! crime of kidnapping with murder. 2ut where he was taken for the purpose of killing him and not for detaining him, crime committed is murder. 3( ED6= modified (rt. DE, the amendment brings about a composite crime of Pidnapping with Bomicide when it is the victim of the kidnapping who was killed, or dies as a conse'uence of the detention and thus only one penalty is imposed which is death. (rt %> on comple! crimes does not govern In kidnapping, it is not only that of transporting one person from one place to another, the criminal intent must be established. @&3#I289 (2C;#TI&- if a woman is transported from one place to another by virtue of her of her liberty and that act is coupled with lewd designs. In PIC(I4 @&3 3(S&H voluntary release will not mitigate the crime because this crime is penalied with the e!treme penalty of death 3ansom- it is the money, price or consideration paid or demanded for redemption of the victimJ payment in e!change of the liberty of the victim
Ille/al (etention •
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#ommitted by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. #rime is against personal liberty and security
Art 6D: Sli/4t ille/al detention Element1:
1* that the offender is private individual
Ar#itrar5 (etention •
#ommitted by a public officer or employee who detains a person without legal ground.
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#rime against the fundamental law of the state.
Pri!ile/ed Miti/atin/ Cir$um1tan$e1 If t4e offender:
a* voluntarily releases the person so kidnapped or detains within three days from the commencement of the detention b* without having attained the purpose intended c" 2efore the institution of criminal proceedings against him. Note: W4en t4e !i$tim i1 a female, t4e detention i1 "uni14ed under Art 6DG Voluntar5 relea1e i1 not miti/atin/ $ir$um1tan$e under Art 6DG
Art 6D: Unlawful arre1t Element1:
1* that the offender arrests or detains another person 2" That the purpose of the offender is to deliver him to the proper authorities. 3" That the arrest or detention is not authoried by law or there is no reasonable ground therefore. • •
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&ffender is any person, whether public officer or private individual. o period of detention is filed by law, but the motive of the offender is controlling Hust be with intention to deliver detainee to proper authorities.
Art 26? •
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Cetention is for some legal ground #rime is committed by failing to deliver such person to the proper udicial authority within a certain period of time even if the arrest be for a legal ground.
Art 6D •
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Cetention is not authoried by law #ommitted by making an arrest not authoried by law
Art 6G: idna""in/ and failure to return a minor Element1:
1. that the offender is entrusted with the custody of a minor person )over or under E but less than 1* 2. That he deliberately fails to restore the said minor to his parents or guardian. •
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5hen committed by either parent, penalty is arrest to maor or a fine not e!ceeding $GG, or both (rt DE does not apply" (rt EGJ E1 applies. If any of the foregoing elements is absent, the kidnapping of the minor will then fall under (rt. DE If the taking is with the consent of the parents, the crime is committed under this article.
Art 6G2: Indu$in/ a minor to a#andon 4i1 4ome Element1:
1. That minor )whether over or under E years of age* is living in the home of his parents or guardian or the person entrusted with his custody. 2. That the offender induces said minor to abandon such home. •
Inducement must be actual, committed with criminal intent and determined by a will to cause damage.
1. that the offender purchases, sells, kidnaps or detains a human being 2. That the purpose of the offender is to enslave such human being. •
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If the purpose of the offender is to assign the offended party to some immoral traffic )prostitution*, the penalty is higher. This is committed if anyone shall purchase, kidnap, or detain a human being for the purpose of enslaving him.
The penalty is increased if the purpose of the offender is to assign the offended party to some immoral traffic • The employment or custody of a minor with the consent of the parent or guardian although against the child’s own will cannot be considered involuntary servitude.
Art 6G8: E0"loitation of C4ild La#or Element1:
1. the offender retains a minor in his service . that it is against the will of the minor 3. That it is under the prete!t of reimbursing himself of a debt incurred by an ascendant, guardian a person entrusted with the custody of such minor.
Art 6G>: Ser!i$e1 Rendered Under Com"ul1ion in Pa5ment of (e#t Element1:
1. That the offender compels a debtor to work for him, either as household servant or farm laborer. . that it is against the debtor’s will 3. That the purpose is to re'uire or enforce the payment of a debt. Coes not distinguish whether the victim is a minor or not.
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CRIMES AAINST SECURIT3 A#andonment of 4el"le11 "er1on1 And e0"loitation of minor1
Art 6G?: A#andonment of Per1on1 in dan/er and A#andonment of oneH1 own !i$tim Puni14a#le A$t1:
1. failure to render assistance to any person whom the offender finds in an uninhabited place, wounded or in danger of dying when he can render such assistance without to himself, unless such omission shall constitute a more serious offense Element1:
1. the place is not inhabited . the accused found there a person wounded or in danger of dying - It is immaterial that the offender did not know that the child is under E yrs. old $. The accused can render assistance without detriment to himself %. The accused failed to render assistance 2. @ailing to helpJrender assistance to another whom the offender has accidentally wounded or inured.
3. @ailing to deliver a child, under seven years whom the offender has found abandonment, to the authorities or to his family, by failing to state him to a safe place. - it is immaterial that the offender did not know that the child is under E yrs. old
. that the child is under seven years $. that he abandons such child %. that he has no intent to kill the child when the latter is abandoned
/ 5here there is intent to kill, this article does not apply. Intent to kill cannot be presumed from the death of the child The ruling that the intent to kill is presumed from the death of the victim of the crime is applicable only to crimes against person, and not to crimes against security, particularly the crime of abandoning a minor.
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( permanent, conscious and deliberate abandonment is re'uired in this article.
Cir$um1tan$e1 ualif5in/ t4e %ffen1e
1. 5hen the death of the minor resulted from such abandonment . If the life of the minor was in danger because of the abandonment /
If the offender is the parent of the minor who is abandoned he shall be deprived of parental authority
Art 6GG: A#andonment of Minor #5 Per1on Entru1ted wit4 4i1 Cu1tod5@ indifferen$e of "arent1 Element1 of t4e A#andonment of Minor:
1. That he delivers said minor to a public institution or other persons . That the one who entrusted such child to the offender has not consented to such act, or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. Element1 of t4e Indifferen$e of Parent1:
1. . $. %.
That the offender is a parent That he neglects his children by not giving them education That his station in life re'uires such education and his financial condition permits it. @ailure to give education must be due to deliberate desire to evade such obligation
Q &bligation to educate children terminates, if mother and children refuse without good reason to live with accused.
Art 6G: E0"loitation of Minor1 A$t1 Puni14ed:
1. #ausing any boy or girl under 1D to perform any dangerous feat of balancing, physical, or contortion, the offender being any person. . 9mploying children 1D who are not children or descendants of the offender in e!hibitions of acrobat, gymnast, rope-walker, diver or wild animal tamer, the offender being an acrobat, etc. or circus manager or engaged in a similar calling. $. 9mploying any descendant under 1 years of age in dangerous e!hibitions enumerates in the ne!t preceding paragraph, the offender being engaged in any of the said calling. %. Celivering a child under 1D gratuitously to any person in any of the callings enumerated, or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher, or person entrusted in any capacity with the care of such child. 6. Inducing any child under 1D to abandon the home of its ascendants, guardians, curators or teachers to fallow any person engaged in any callings mentioned or to
- The e!ploitation of minors must refer to act endangering the life or safety of the minor. The offender is engaged in a kind of business that would place the life or limb of the minor in danger, even though working for him is not against the will of the child. •
Art 6: ualified Tre1"a11 to (wellin/ Element1:
1. That the offender is a private person . That he enters the dwelling of another $. That such entrance is against the latter’s will Cir$um1tan$e 9ualif5in/ t4e offen1e -
If the offense is committed by means of violence or intimidation, the penalty is higher. Cwelling includes room when occupied by another person
(wellin/ defined
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(ny building or structure e!clusively devoted for rest and comfort, as distinguished from places devoted to business, offices etc.
A#1olutel5 Cau1e1+
1* If the entrance to another’s dwelling is made for purpose of preventing some serious harm to himself, the occupants of the dwelling or third person" * If the purpose is to render some service to humanity or ustice" and $* If the place where entrance is made is a cafZ, tavern, inn and other public house, while the same are open. • • •
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rohibited is implied in entrance through the window rohibited must be in e!istence prior to or at the time of entrance rohibited, not necessary when violence or intimidation is employed by the offender. • (ll trespassers ordinarily have intention to commit another crime, but if there is no overt act of the crime intended to be committed the crime is only trespass to dwelling. • (gainst The 5ill- means that the entrance is either e!pressly or impliedly prohibited or the prohibition is presumed. @raudulent entrance may constitute trespass. The prohibition to enter may be made at any time and not necessarily at the time of the entrance #ases when (rt >G does not apply+ a* when the purpose of the entrance is to prevent serious harm to himself, the occupant or third persons b* when the purpose of the offender in entering is to render some service to humanity or ustice c" (nyone who shall enter cafes, taverns, inns and other public houses while they are open.
Art 62: %t4er *orm1 of Tre1"a11 Element1:
1. That the offender enters the closed premises or the fenced estate of another. . That the entrance is made while either of them is uninhabited. $. That the prohibition to enter be manifest.
Art 6
Art 62
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&ffender is a private person
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&ffender enters a dwelling house lace entered is inhabited (ct constituting the crime is entering the dwelling against the will of the owner
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rohibition to enter is e!press or implied
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Cetention is not authoried by law &ffender enters closed premises or fenced estate. lace enter is uninhabited It is entering the closed premises or the fenced estate without securing the permission on of the owner or care taker thereof. rohibition to enter must be manifest.
P( GG6: Penalie1 19uattin/ and ot4er 1imilar a$t1 T4reat1 and $oer$ion
Art 66: ra!e T4reat1 Puni14a#le A$t1:
1. 2y threatening another with the infliction upon his person honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful, and the offender attained his purpose. . 2y taking such without the offender attaining his purpose. $. 2y threatening another with the infliction upon this person, honor or property or that of his family of any wrong amounting to a crime, the threat is not being subect to a condition. -
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9ssence of the crime of threats is intimidation ?ualifying #ircumstances+ if threat was made in writing or through a middleman The act threatened must be wrong The crime is consummated as soon as the threats come to the knowledge of the person threatened, not necessary that the offended party was present at the time the threats were made. Threats made in connection with commission of other crimes are absorbed by the latten" but if the threat was made with the deliberate purpose of creating in the mind of the person threatened the belief that the threat would be carried into effect, the crime is 4rave Threats, and the minor crime which accompanied it should be disregarded. The offender in grave threats does not demand the delivery on the spot of the money or offer personal property asked by him, otherwise the crime is robbery with intimidation.
Penalt5 to #e im"o1ed: -
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if the offender attained his purpose, the penalty one degree lower of the penalty for the crime threatened to be committed shall be imposed If the threat is not subect to a condition, the penalty is fi!ed.
Art 68: Li/4t T4reat1 Element:
1. That the offender makes a threat to commit a wrong. 2. That the wrong does not constitute a crime. 3. That there is a demand for money or that other condition is imposed, even though
Ca1e1 w4en a "er1on i1 o#li/ed to file t4e #ond
1. 5hen the threatens another under circumstances mentioned in > . when the threatens another under circumstances mentioned under >$ Art 8?
bond to keep the peace • not made applicable to any particular case it is an additional penalty applicable only to cases of grave threats and light threats. •
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T&REATS
R%BBER3
The intimidation is clear and Intimidation is actual and immediate conditional It maybe through an intermediary Intimidation is personal 3efers to a person, honor or property 3efers to personal property 4ain is not an essential element There in intent to gain The danger to the victim is not Imminent to the victim instant
Art 6?: %t4er li/4t t4reat1 Pro4i#ited A$t1:
1. Threatening another with a weapon, or by inducing such weapon in a 'uarrel, unless it is in lawful self-defense. . &rally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat. $. by orally threatening to do another any harm not constituting a felony. o
o
&ther light threats can be committed even the person to whom it is directed is absent 5here the threats are directed to a person who is absent and uttered in a temporary fit of anger, the offense is only light threats.
ART 6D: ra!e Coer$ion1: Two wa51 of $ommittin/ ra!e Coer$ion1:
1. 2y preventing another, by means of violence, threats or intimidation, from doing something not prohibited by law . . 2y compelling another, by means of violence, threats or intimidation, to do something against his 5ill, whether it be right or wrong. Element1:
1. that a person presented another from doing something not prohibited by law, or that he compelled him to do something against his will, be it right or wrong. . that the prevention or compulsion be effected by violence, threats or intimidation" and $. that the person that restrained the will and liberty of another had not the authority of law or the right to do so, or, in other words, that the restraint shall not be made under authority of law or in the e!ercise of any lawful right. o
In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. If the act was already done when violence is e!erted, the crime is unust ve!ation.
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#oercion is consummated even if the offended party did not accede to the purpose of the coercion. grave coercion arises only if the act which the offender prevented to do so is not o prohibited by law or ordinance o The violence employed must be immediate, actual or imminent. The essence of
4. That the purpose of the offender is to apply the same to the payment of the debt. o
o
If there is no violence employed, the act is punishable under paragraph of article >E ;nust includes any human conducts which although not productive of some physical or material would, however, unustly annoy or ve! an innocent person.
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i11in/ a /irl, wit4out "erformin/ a$t1 of la1$i!iou1ne11, i1 un;u1t !e0ation T4ere i1 no !iolen$e or intimidation in un;u1t !e0ation
Art 6: %t4er 1imilar $oer$ion1 +$om"ul1or5 "ur$4a1e of mer$4andi1e and "a5ment of wa/e1 #5 mean1 of to<en1. Puni14a#le A$t1:
1. @orcing or compelling, directly or indirectly or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. aying the wages due his laborer or employee by means of tokens or obects other that the legal tender currency of the hil., unless e!pressly re'uested by such laborer or employee. Element1 of A$t No 2
a* that the offender is any person, agents or officer of any association or corporation. b* That he or such firm or corporation has employed laborers or employees. c* That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise of commodities of any kind from him or from said firm or corporation Element1 of A$t No 6
a* That the offender pays the wages due a laborer or employee employed by him by means of tokens or obects. b* That these tokens or obects one other than the legal tender currency of the hilippines. c* That such employee or laborer does not e!pressly re'uest that he be paid by means of tokens or obects.
Art 6: *ormation, maintenan$e, and "ro4i#ition of $om#ination of $a"ital or la#or t4rou/4 !iolen$e or t4reat1 Element1:
1* That the offender employs violence or threats, in such a degree as to compel or force the laborers or employers in the free and legal e!ercise of their industry or work. * That the purpose is to organie, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers. The act should mot be a more pervious offense • eaceful picketing, not prohibited eaceful picketing is part of freedom of speech and therefore, cannot be o prohibited • 9mploying violence or making threat by picketers may make them liable for coercion. • reventing employee from oining any registered labor organiation is punished under the labor code, not under the revised penal code •
Art 6: (i1$o!erin/ 1e$ret1 t4rou/4 of $orre1"onden$e Element1:
5hen the offender reveals the contents of such paper or letters of another to a third person, the penalty is higher. this article is inapplicable to+ a* parents b* guardians c* or persons entrusted with the custody of minors under their care d* spouse e* teachers or other persons entrusted with the care and education of the minor o
Art 62: Re!ealin/ 1e$ret1 wit4 a#u1e of %ffi$e Element1:
1. that the offender is a manager, employee or servant 2. That the offender learns the secrets of is principal of master in such capacity. 3. That he reveals such secrets.
- The secret must have come to their knowledge by reason of their office or position. -
#amage is not necessary
Art 66: Re!elation of Indu1trial Se$ret1 Element1:
1. That the offender is a person in charge, employee or workman of a manufacturing or industrial establishment. . That the manufacturing or industrial establishment has a secret of the industry which the offender has learned. $. That the offender reveals such secrets. %. That preudice is caused to the owner. Secrets must relate to manufacturing processes - The revelation of the secret might be made after the employee or workman had ceased to be connected with the establishment. reudice is an element of the offense. Anti J *en$in/ Law +P( 2D26. *en$in/ [ is that act of any person who, with intent to gain for himself or for another,
shall buy, receive, possess, keep, ac'uire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, obect or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. *en$e [ includes any person, firm, association, corporation, or partnership or other
organiation whoJwhich commits the act of fencing. 8iability of &fficials of <uridical ersons If the fence is a partnership, firm, corporation, or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. •
resumption of @encing Here possession of any good, article, item, obect, or anything of value which has been the subect of robbery thievery shall be prime facie evidence of fencing. •
#learanceJermit to sell used Secondhand (rticles @or purpose of this act, all stores, establishments or entities dealing in the buy and sell of any good, article, item, obects or anything of value obtained from an unlicensed dealer or supplier theory, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated ational olice in the town or city where such store, establishment or entity is located. •
R%BBER3 IN ENERAL R%BBER3, (efined: Ro##er5 is the taking of personal property belonging to another, with intent to gain, by
means of violence against, or intimidation of any person, or using force upon anything, shall be guilty of robbery. CLASSI*ICATI%N %* R%BBER3:
1. 3obbery with violence against, or intimidation of persons. )(rticles =%,=E and =>* . 3obbery by the use of force upon things. )(rticles == and $G* ELEMENTS %* R%BBER3 IN ENERAL
a. b. c. d. anythings.
That there be of )1*personal property )* belonging to another" That there is )$* unlawful taking of the property" That the taking must be )%* with intent to gain" That there is )6* violence against or intimidation of any person or force upon In the commission of the crime of robbery, it is not necessary that the person for whom the property is taken by means of threats and violence, shall be the owner thereof. It is sufficient if the property is taken from him by such means, for the purpose of gain, on the part of the person appropriating it. •
9ven the owner of the property may be guilty of robbery when, for a instance he takes it from the possession of a bailee, with the intent to charge the bailee with its value. •
Art 6>: R%BBER3 WIT& VI%LENCE AAINST %R INTIMI(ATI%N %* PERS%NS ind1 of Ro##er5 wit4 !iolen$e a/ain1t or intimidation of "er1on1:
1. 5hen by reason of robbery or on occasion of the robbery homicide shall have been committed" or when robbery is accompanied by rape or intentional mutilation or arson. . 5hen or by reason or on occasion of such robbery serious physical inuries penalied in subdivision 1 of (rticle D$ shall have been inflicted. $. 5hen by reason on occasion of such robbery serious physical inuries penalied in subdivision of (rticle D$ shall have been inflicted. %. If the violence or intimidation employed shall have been carried to a degree unnecessary for the commission of the crime, or when in the course of its e!ecution, the offender inflicted upon any person not responsible for its commission any of the physical inuries covered by subdivisions $ and % or (rticle D$. 6. &ther cases of violence or intimidation The phrases /on the occasion0 and /by reason0 of the robbery mean that the homicide, rape and serious physical inuries defined in paragraphs 1 and of (rticle D$ must be committed in the course or because of the robbery. • 3obbery is a comple! crime because there one penalty prescribed, even if two crimes are committed. (rticle %> applies only when a comple! crime is not punished with a specific penalty. •
R%BBER3 WIT& &%MICI(E
The form &%MICI(EF is used in the generic sense and the comple! crime there in contemplated comprehends not only robbery with homicide in its restricted sense but
ARAVATIN so as to call for the imposition of the ma!imum penalty prescribed by
law. If somebody is killed and physical inuries are also inflicted by reason or on the occasion of the robbery, the physical inuries inflicted are only considered ARAVATIN CIRCUMSTANCES in the crime of robbery with homicide. • If in the course of the robbery another robber is killed by his companion, the crime committed is still robbery with homicide. The law does not re'uire that the person killed is the owner of the property taken. The same is true even if the person killed was an innocent bystander and not the person robbed. • 5hen homicide is not proved, the crime is only robbery. •
R%BBER3 WIT& RAPE ⇒
⇒
This is usually committed when, while some robbers are ransacking for personal property in the house, the other is raping a woman in the same house. If is not necessary that the rape be committed prior to our simultaneously with the robbery. @or the law says, in the definition of the crime, that when the robbery is accompanied by rape on mutilation, etc.
NB If t4e ra"e i1 $ommitted a/ain1t a woman in a 4ou1e ot4er t4an t4at t4e ro##er5 i1 $ommitted, t4e ra"e 14ould #e $on1idered a 1e"arate offen1e ⇒
There is no such crime as robbery with attempted rape, because a robbery cannot be a necessary means to commit attempted rape" nor attempted rape, to commit robbery. 2oth crimes cannot be the result of a SINLE ACT The rape must be consummated.
⇒
If rape was the primary obective of the occurred, and his taking of the ewels of the victim was N%T WIT& INTENT T% AIN but ust to have some tokens of her supposed consent to the coition, the accused committed two district crimes of rape and unust ve!ation.
⇒
If the woman raped pardoned or married the robber, the crime remains robbery with rape. The rape is not erased, because the crime is robbery which is a crime against property.
R%BBER3 WIT& P&3SICAL IN7URIES ⇒
If in the occasion of the robbery, one of the offenders inflicted upon another robber, physical inuries, there is no crime of robbery with physical inuries because the wording of the law says UP%N AN3 PERS%N N%T RESP%NSIBLE *%R ITS C%MMISSI%NF
Bowever, if the physical inuries inflicted are those falling under subdivision 1 and of (rticle D$, even though the physical inuries were inflicted upon one of the robbers themselves, and even though it had been inflicted after the robbery was already consummated, the crime will still be robbery with serious physical inuries. There will only be one count of accusation. ⇒ The physical inuries must always be serious. If they are only LESS SERI%US %R SLI&T they are absorbed in the robbery. The crime becomes merely robbery. ⇒ 2ut if the less serious physical inuries are committed after the robbery was already consummated, there will be a separate charge for less serious physical inuries. R%BBER3 WIT& VI%LENCE AAINST UALI*IE( W&EN:
%R INTIMI(ATI%N %* PERS%NS
If any of the offenses defined in subdivisions $, % and t of (rticle =% is committed
IS
Any of these five *@- UA&9/&(= "&R"U!+TA("+ of robbery with physical injuries or intimidation most be alleged in the information and proved during the trial. ⇒ &t cannot be offset by =(R&" !&T&=AT&(= "&R"U!+TA("+. ⇒ The 2ualifying circumstances do not apply with Robbery with Homicide, Rape or with +erious %hysical &njuries under subdivision : of Article 6;. &f said circumstances are present, they are only =(R&" A==RACAT&(= "&R"U!+TA("+. ⇒
Art 6D (E*INITI%N %* A BAN( AN( PENALT3 INCURRE( B3 T&E MEMBERS T&ERE%*: BAN( (efined
5hen at least four )%* armed malefactors take part in the commission of a robbery, it is denied committed by a band. 5hen any of the arms used in the commission of the robbery is not licensed, the penalty upon all the malefactors shall be the ma!imum of the corresponding penalty provided by law, without preudice to the criminal liability for illegal possession of such firearms. (ny number of the band who was present at the commission of a robbery by the band shall be punished as principal of any of the assaults committed by the band, unless it is shown that he attempted to prevent the same. • 2ut when there is C%NSPIRAC3 to commit homicide and robbery, all the acts of conspiracy, even if less than four armed men, are liable for the special comple! crime of robbery with homicide, rape, etc. •
(rticle =E provides that whether the robbery is attempted or frustrated, the penalty is still the same. Bowever, in an attempted or frustrated robbery, the killing of the victim is 'ualified by treachery or relationship, the proper penalty for murder or parricide shall be imposed because it is more severe. 3obbery with Bomicide andJor (ttempted or @rustrated 3obbery with homicide is a SPECIAL C%MPLE' CRIME not governed by (rticle %>, but by the special provisions of (rticles =E, respectively. Bowever, when the offense committed is attempted or frustrated robbery with serious physical inuries, (rticle %> is applicable.
ART 6 E'ECUTI%N %* (EE(S B3 MEANS %* VI%LENCE %* INTIMI(ATI%N ELEMENTS:
1. That the offender has intent to defraud another. . That the offender compels him to sign, e!ecute, or deliver any public instrument or document. $. That the compulsion is by means of violence or intimidation. The document need not be PUBLIC The Spanish test of this article says ESCRITURA PUBLICA % (%CUMENT%F The adective PUBLICF must therefore describe the word INSTRUMENTF only. Bence, delivered is a private or commercial paper.
T% ENTER INT% the premises when the robbery was committed.
If no entry was effected even through force may have been employed actually in the taking of the property from within the premises, the crime will only be T&E*T TW% +6. PRE(ICATES T&AT WILL IVE RISE T% T&E CRIME AS R%BBER3:
1. 2y mere entering alone, a robbery will be committed if any personal property is taken from within. . The entering will not give rise to robbery even if something is taken inside. It’s the breaking of the receptacle or closet or cabinet where the personal property is kept that will give rise to robbery. UN(ER T&E *IRST PRE(ICATE T&E ELEMENTS ARE:
1. That the offender entered )a* an inhabited house, or )b* public building, or )c* edifice devoted to religious worship. . That the entrance was effected by any of the following means+ a. Through an opening not intended for entrance or egress" b. 2y breaking any wall, roof, or floor or breaking any door or window" c. 2y using false keys, picklocks or similar tools" or d. 2y using any fictitious name or pretending the e!ercise of public authority. . That once inside the building, the offender took personal property belonging to another with intent to gain. The offender must ENTERF house or building in which the robbery is committed. There must be evidence or the facts must show that the accused entered the dwelling, house or building by any of the means enumerated. Thus, if the offender merely inserted his hard through an opening in the wall or used a pole through the window to get the clothes inside the room, while the offender remained outside the house or building, the crime committed is T&E*T, not R%BBER3 ⇒
⇒
If the entering was done through the window, even if the window is not broken, that would characterie the taking of personal property inside as robbery, because the window is not an opening intended for entrance. &rdinarily, the interpretation was that in order that there be a breaking of the door in contemplation of law, there must be save damage. If the door was not damaged but only the lack attached to the door was broken, the taking from within i1 onl5 T&E*T BUT T&E RULIN IS N%W ABAN(%NE( BECAUSE T&E (%%R IS C%NSI(ERE( USELESS WIT&%UT T&E L%C
If the picklock of false key was used not to enter the premises because the offender had already entered but was used to unlock an interior door or even a receptacle where the valuable or personal belonging was taken, the use of false keys or pick lock will not give rise to robbery with force upon things entrance, and not to e!tract personal belongings from the place where it is biro kept. UN(ER T&E SEC%N( PRE(ICATE, T&E ELEMENTS ARE:
1. That the offender is inside a dwelling house, public building or edifice development to religious worship regardless ok the circumstances+ . That he offend personal property belonging to another, with the initial to gain, under any other following" a. by the breaking of doors wardrobe, changes, or any my other kind of locked or sealed furniture or receptacle" or b. by taking much furniture or obects way to be broken as forced open the pace of the group. R%BBER3 WIT& *%RCE UP%N T&INS +6., in order to #e 9ualified, mu1t #e $ommitted in an UNIN&ABITE( PLACE and B3 INTIMI(ATI%N %* PERS%NS mu1t #e $ommitted in an +2.UNIN&ABITE( PLACE or +6. B3 A BAN( +Art 6?.
ART 86 R%BBER3 IN AN UNIN&ABITE( PLACE %R IN A PRIVATE BUIL(IN ELEMENTS:
1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship. . That any of the following circumstances was present+ a. The entrance was effected through an opening not intended for entrance or egress" b. ( wall, roof, floor, or outside door or window was broken" c. The entrance was effected through the use of false keys, picklocks or other similar tools" d. ( door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken" or e. ( closed or sealed receptacle was removed, even if the same be broken open elsewhere. . That with intent to gain, the offender took therefrom personal property belonging to another. •
The use of fictitious name or pretending the e!ercise of public authority is not a means of entering the building under this article, because the place uninhabited and G no problem could be deceived. Thereby.
R%BBER3 %* CEREALS, *RUITS, %R *IREW%%( IN AN UNIN&ABITE( PLACE %R PRIVATE BUIL(IN:
5hen the robbery described in (rticles ==and $G consists in the taking of cereals, fruit, or firewood. The penalty ne!t loaner mi degree than that prescribed in said articles shall be imposed
ART 8> ILLEAL P%SSESSI%N %* PICL%CS %R SIMILAR T%%LS ELEMENTS:
1. . $. %.
That the offender has in his possession pickJlabels on similar tools. That they are especially adopted That the offender does not have lawful cause for such possession. It is not necessary that they actually used to commit flattered. C&APTER II BRIAN(AE
T&ERE IS BRIAN(AE W&EN:
1. There be at least four )%* armed person. . They formed a band of robbers. $. The purpose is any or the following+ a. To commit robbery in the highway" or b. To kidnap persons for the purpose of e!tortion or to obtain ransom" or c. To attain by means of force and violence ay other purpose. The e!istence of any of the purposes mentioned is sufficient. It would not be necessary to show in a prosecution under this article that a member or members of the band actually committed highway robbery, etc., in order to convict them, because the main obect of law is to prevent formation of band of robbers.
ART 8G AI(IN AN( ABETTIN A BAN( %* BRIAN(S ELEMENTS:
1. That, there is a band of brigands. . That the offender knows the land to be brigands. $. That the offender does any of the following act
C&APTER III T&E*T T&E*T, (efined:
Theft is committed by any person, who intent to gain but without violence against or intimidation to persons nor force upon things, shall take personal property of another without the latter’s consent. PERS%NS LIABLE *%R T&E*T:
1. Those who, )a* with intent to gain, )b* but without violence against or intimidation of persons nor force upon things, )c*take )d* personal property )e* of another )f* without the latter’s consent. . Those who, )a* having found lost property, )b* fail to deliver the same to the local authorities or to its owner. $. Those who, )a* after having maliciously damaged the property of another, )b* remove or make use of the fruits or obects of the damage caused by them. %. Those who )a* enter an enclosed estate or a field where )b*trespass is forbidden or which belongs to another and, without the consent of its owner, )c* hunt or fish upon the same or gather fruits, cereals or other forest or farm products. ELEMENTS %* T&E*T:
1. . $. %. 6.
That there be taking of personal property. That said property belongs to another. That the taking be done with intent to gain. That the taking be done without the consent of the owner. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. );.S. vs. Ce Mera, %$ hil. 1GGG" eople vs. usay, 6G hil. 6=>*
BASIS %* PENALT3 ARE T&E **:
1. The value of the things stolen" . The value and also the nature of the property taken" or $. The circumstances or causes that impelled the culprit to commit the crime. T4eft i1 $on1ummated when the offenderJs were able to take possession of the
thing taken by them. It is not an indispensable element of Theft that the thief carries, more or less away, the thing token by him from its owner. The taking is considered complete only when the offender is able to place the thing taken under his control and in such a situation as he could dispose of it at once. &n other cases, it was held that asportation is complete from the moment the offender had full possession of the thing, even if he did not have an opportunity to dispose of the same. • /Intent to gain0 is presumed from the unlawful taking of personal property belonging to another. •
It is not necessary that there was real or actual gain in the part of the offender or that he removed the stolen animals in order to make use of or device some benefit from them. It is enough that on taking them, he was then actuated by the desire or intent to gain. ⇒
PRESUMPTI%N +(%CTRINE %* P%SSESSI%N. when a person has
in his possession, part of the recently stolen property, he is pressured to be the thief of all, in the absence of satisfactory e!planation of his possession. *IN(ER %* L%ST PR%PERT3@ T4in/1 to #e $on1idered %R "ro!ed
&UNTIN, *IS&IN, %R AT&ERIN *RUITS, et$, IN ENCL%SE( ESTATE: ELEMENTS:
1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another" . That he offender enters the same" $. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field" and %. That the hunting or fishing or gathering of products is without the consent of the owner.
T&E*T IS UALI*IE( I*:
1. . $. %. 6. D.
If the theft is committed by a domestic servant. If the theft is committed with grave abuse of confidence. If the property stolen is a )a* motor vehicle, )b* mail matter, or )c* large cattle. If the property stolen consists of coconuts taken from the premises of a plantation. If the property stolen is fish taken from a fishpond or fishery. If property is taken on the occasion of fire, earth'uake, typhoon, volcanic eruption, or any other calamity vehicular accident or civil disturbance. ⇒
⇒
⇒
It is not necessary that the domestic servant committed the crime with grave abuse of authority. That there not be allegation in the information the proof of relation by reason of dependence, guardianship or vigilance, between the accused and the offended parts, that has created a high degree of confidence between then, which the accused abused. Theft of roperty of ational 8ibrary and Huseum has a fi!ed penalty regardless of its value )(rt. $11* C&APTER V USURPATI%N
Art 826: %CCUPATI%N %* REAL PR%PERT3 %R USURPATI%N %* REAL RI&TS IN PR%PERT3 ACTS PUNIS&ABLE:
1. 2y taking possession of any real property belonging to another by means of violence against or intimidation of persons. . 2y usurping any real rights in property to another by means of violence against or intimidation of persons. ELEMENTS:
a. That the offender takes possession of any real property or usurps any real rights in property. b. That the real property or real rights belong to another. c. That violence against or intimidation of persons is used by the offender in occupying real property or usurping real rights in property. d. That there is intent to gain. • #riminal action for usurpation of real property is not a far for the filing of civil action for *%RCIBLE ENTR3
Art 828: ALTERIN B%UN(ARIES %* LAN(MARS
C&APTER V CULPABLE INS%LVENC3
Art 82?: *RAU(ULENT INS%VENC3 ELEMENTS+
1. That the offender is a debtor" that is, he has obligation due and payable. . That he absconds with his property, real or personal. $. That there be preudice to his auditors. @raudulent concealment of property is not sufficient in the debtor has some other propertyJproperties with which to satisfy his obligation. •
C&APTER VI SWIN(LIN AN( %T&ER (ECEITS ELEMENTS %* ESTA*A IN ENERAL:
1. That the accused defrauded another )a* by abuse of confidence, or )b* by means of deceit" and . That damage or preudice capable of pecuniary estimation is caused to the offended party or third person. It is necessary that the damage or preudice be capable of pecuniary estimation, because the amount or damage or preudice is the basis of the penalty of estafa. •
T&E *IRST ELEMENT C%VERS T&E TREE (I**ERENT WA3S %* C%MMITTIN ESTA*A UN(ER ARTICLE 82?, NAMEL3:
1. with unfaithfulness or abuse of confidence" . by means of false pretenses or fraudulent acts" or $. through fraudulent means. ELEMENTS %* ESTA*A WIT& UN*AIT&*ULNESS:
1. That the offender has an onerous obligation to deliver something of value. . That he alters his substances, 'uantity or 'uality. $. That damage or preudice is caused to another. ILLUSTRATI%N: Alterin/ t4e Su#1tan$e1
edro sold 6GG tin cans of condensed milk to <uan, when they were delivered, GG cans contained evaporated milk. ILLUSTRATI%N: Alterin/ t4e uantit5
edro who, after having agreed to the sale of 6GG cans of milk, and having received the payment thereof, delivers to <uan %6G can only. ILLUSTRATI%N: Alterin/ t4e ualit5
edro agreed to sell to <uan imported condensed milk and received from <uan the purchase price thereof. 2ut when they were delivered to <uan, it was found to be locally made. The damage consists in the difference in the value of the milk. ELEMENT %* ESTA*A WIT& ABUSE %* C%N*I(ENCE:
1. That money, goods, or other personal property be received by the offender in trust, or on commission, or for administration, or under any other obligation involving the duty to make delivery of, or to return, the same"
Heans a possession which gives the transfer a right over the thing which the transferee set up even against the owner. T&REE +8. WA3S %* C%MMITTIN ESTA*A WIT& ABUSE %* C%N*I(ENCE: 2 B5 mi1a""ro"riatin/ t4e t4in/ re$ei!ed •
Heans to own" to take something for one’s own benefit.
6 B5 $on!ertin/ t4e t4in/ re$ei!ed
The act of using or disposing of another’s property as if it were one’s own. • Cevoting the property to a purpose or use different from that agreed upon. •
8 B5 den5in/ t4at t4e t4in/ wa1 re$ei!ed
This is the kind of estafa under (rticle $16, where (EMAN( may be re'uired, because in estafa with abuse of confidence, the offender receives the thing from the offended party under a lawful transaction, unlike in estafa in by means of deceit, demand is not necessary, because the offender obtains delivery of the thing wrongfully from the beginning. •
(EMAN( is not re'uired by law" but it is necessary because failure to account,
upon demand, is circumstantial evidence of misappropriation. • It must be to the preudice of the offended party to the preudice of another not necessarily of the owner of the property. • There is no estafa through NELIENCE
ELEMENT %* ESTA*A B3 TAIN UN(UE A(VANTAE %* T&E SINATURE IN BLAN:
1. That the paper with the signature of the offended party be in blank. . That the offended party should have delivered it to the offender. $. That above the signature of the offended party a document is written by the offender without authority to do so. %. That the document so written creates a liability of, or causes damage to, the offended party or any third person. ELEMENTS %* ESTA*A B3 MEANS %* (ECEIT:
a. That there must be a false pretense, fraudulent act or fraudulent means. b. That such false pretense, fraudulent act or fraudulent means must be made or e!ecuted prior to or simultaneously with the commission of the fraud. c. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means. d. That as a result thereof, the offended part suffered damage. ESTA*A B3 MEANS %* *RAU(ULENT ACTS: •
The acts must be characteried by or founded on deceit, trick or cheat.
ELEMENTS %* ESTA*A B3 IN(UCIN AN%T&ER T% SIN AN3 (%CUMENT:
1. . $. %.
That the offender induced the offended party to sign a document" That deceit be employed to make him sign the document" That the offended party personally signed the document. That preudice be caused.
PARARAP& 2- B5 $on!e5in/, 1ellin/, en$um#erin/, or mort/a/in/ an5 real "ro"ert5, "retendin/ to #e t4e owner of t4e 1ame ELEMENTS:
1. That the thing be immovable, such as a parcel of land or a building. . That he offender who is not the owner of said property should represent that he is the owner thereof. $. That the offender should have e!ecuted an act of ownership )selling, leasing, encumbering or mortgaging in the real property* %. That the act be made to the preudice of the owner or a third person. The real property must be e!isting, if not, the offense is estafa by means of false pretense under paragraph )a* of (rticle $16. •
PARARAP& 6- B5 di1"o1in/ of real "ro"ert5 a1 free from en$um#ran$e, alt4ou/4 1u$4 en$um#ran$e #e not re$orded ELEMENTS+
1. That the thing disposed of be real property. . That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. $. That there must be e!press representation by the offender that the real property is free from encumbrance. %. That the act of disposing of the real property be made to the damage of another. ENCUMBRANCE, (efined:
Includes every right or interest in the land which e!ist in favor of third personJs. 1. The offender must know that the real property is encumbered. . (n enforceable verbal agreement, previously made, to mortgage. The real property as a security for a loan is an encumbrance on the property, because a promise to mortgage is not an encumbrance.
PARARAP& 8- B5 wron/full5 ta<in/ #5 t4e owner 4i1 "er1onal "ro"ert5 from it1 lawful "o11e11or ELEMENTS:
1. . $. %.
That the offender is the owner of personal property. That said personal property is in the lawful possession of another. That the offender wrongfully takes it from its lawful possessor. That preudice is thereby caused to the possessor or third person.
The offender must be the owner of the personal property. If he is a third person and his purpose in taking it is to return it to the owner, it is T&E*T, since the abstracting was made with the intent that another might profit thereby. •
PARARAP& > J B5 e0e$utin/ an5 fi$titiou1 $ontra$t to t4e "re;udi$e of anot4er
The crime of estafa by e!ecuting a fictitious contract to the preudice of another may be illustrated in the case of a person who SIMULATES a conveyance of his property to another, for the purpose of defrauding his creditors. •
If the conveyance is real and made for a consideration and not simulated, to
2ut this kind of estafa re'uires fraud as an important element. If there is no fraud, it becomes payment not owing, known as solution indebiti under the #ivil #ode, with civil obligation to return the wrong payment. It will seem that what constitutes estafa under this paragraph is the malicious failure to return the compensation wrongfully received. If the money in payment of a debt was delivered to a wrong person, (rt. $1D, par.6, is not applicable, in case the person who received it later refused or failed to return it to the owner of the money, (rt. $16, subdivision 1 )b*, is applicable. PARARAP& D J B5 1ellin/, mort/a/in/ or en$um#erin/ real "ro"ertie1 wit4 w4i$4 t4e offender /uaranteed t4e fulfillment of 4i1 o#li/ation a1 1uret5 ELEMENTS:
1. That the offender is a surety in a bond given in a criminal or civil action. . That he guaranteed the fulfillment of such obligation with his real property or properties. $. That he self, mortgages, or, in my other manner encumbers said real property. 4. That such sale, mortgage, or encumbrance is )a* without e!press authority from the court, or )b* made before the cancellation of his bond, or )c*before being relieved from the obligation contracted by him.
Art 82G: SWIN(LIN A MIN%R ELEMENTS:
1. That the offender takes advantage of the ine!perience or emotions or feeling of a minor. . That he induces such minor )1* to assume an obligation, or )* to give release, or )$* to e!ecute a transfer of any property right. 3. That the consideration is )1* some loan of money, )* credit or )$*other personal property. %. That the transaction is to the detriment of such minor. 3eal property is not induced because it cannot be made to disappear, since a minor cannot convey real property without udicial authority. •
Art 82: %T&ER (ECEITS 1. 2y defrauding or damaging another by any other deceit not mentioned in the preceding articles. . 2y interpreting dreams, by making forecasts, by telling fortune, or by taking advantage of the credibility of the public in any other similar manner, for profit or gain.
C&APTER VII C&ATTEL M%RTAE ACTS PUNIS&ABLE:
1. 2y knowingly removing any personal property mortgaged under the #hattel Hortgage 8aw to any proving or city other than the one in which it was located at the time of e!ecution of the mortgage, without the written consent of the mortgages or
The offender can be any person who shall knowingly remove the mortgaged personal property to another province or city without the WRITTEN C%NSENT of the mortgage. • (rticle 1%G of the ew #ivil #ode makes it indispensable that the document REISTERE(. If the chattel mortgage is not registered, there is no violation of (rticle 1$=. •
C&APTER VIII ARS%N AN( %T&ER CRIMES INV%LVIN (ESTRUCTI%N ATTEMPTE( ARS%N
5hen the offender is about to set fire to the rag full of gasoline beside the building, he is discovered by another who chases him away. C%NSUMMATE( ARS%N
If the fire had burned part of the building or whole of the building then it is in its consummated stage. It is not necessary that the wood should be ablae, were charring of the wood is sufficient. C&APTER I' MALICI%US MISC&IE* MALICIU%S MISC&IE* ELEMENTS:
1. That the offender deliberately caused damage to the property of another. . That such act does not constitute arson or other crimes involving destruction. $. That act of damaging another’s property be committed merely for the sake of damaging it. It cannot be committed through NELIENCE. The offender should act under the impulse of a specific desire to inflict inury to another. • If there is no malice in causing the damageL the obligation to repair or pay for damages is only civil. •
Art 86: SPECIAL CAUSES %* MALICI%US MISC&IE* or UALI*IE( MALICI%US MISC&IE*:
1. . $. %.
#ausing damage to obstruct the performance of public functions. ;sing any poisonous or corrosive substance. Spreading any infection or contagion among cattle. #ausing damage to the property of the ational Huseum, ational 8ibrary, or to any achieve or registry, waterworks, road, promenade, or any other thing and in common by the public.
Art 88: (AMAE AN( %BSTRUCTI%N T% MEANS %* C%MMUNICATI%N 1. It is committed by damaging any railway, telegraph or telephone lines. . If the damage shall result in any derailment of cars, collision and other accidents, a higher penalty shall be imposed. C&APTER ' E'EMPTI%N *R%M CRIMINAL LIABILIT3 IN CRIMES AAINST PR%PERT3 PERS%NS E'EMPT:
•
The reason for e!emption from criminal liability is that the law recognies the presumed co-ownership of the property between the offender and the offended party.
CRIMES INV%LVE(:
1. Theft . Swindling )9stafa* $. Halicious Hischief o criminal" but only CIVIL LIABILIT3 shall result from the commission of any said crimes, committed or caused mutually by those persons. • Stepfather, adapted father, natural children, concubine and paramour are •
INCLU(E( • • • •
Stepfather and stepmother are included as a ascendants by affinity. (n adopted or natural child is included in the form /relatives0. (pplies to common-law spouses #oncubine a paramour within the form /spouse0.
T% BE E'CEPT *R%M CRIMINAL LIABILIT3, T&E WI(%WE( SP%USE W&% C%MMITS T&E*T, ESTA*A %R MALICI%US MISC&IE*, IT IS REUIRE( T&AT:
1. The property belongs to the deceased spouse" and . It has not passed into the possession of a third person. TITLE 'I CRIMES AAINST C&ASTIT3
Art 888: A(ULTER3 ELEMENTS
1. That the woman is married . That she has se!ual intercourse with a man not her husband $. That as regard the man with whom she has se!ual intercourse, he must know her to be married. Will t4e (o$trine of in "ari deli$to a""li$a#le in adulter5=
In the 4uinucud case where the husband agreed with the wife that they live separately and free to marry other persons, the husband cannot file a complaint against his wife for having adulterous relationship. The concept of pari delicto is not present in the 3evised enal #ode but only in (rt.1%11 of the #ivil #ode. Ceath of paramour will not bar the prosecution against the unfaithful wife, because the re'uirement that both he the offenders should be included in the complaint is absolute only when the two offenders are alive • roceedings must continue despite death of the offended party • 9ffect of pardon+ (rt. $%% re'uire that1. The pardon must come before the institution of the criminal prosecution" and . 2oth the offenders must be pardoned by the offended party. •
Art 88>: C%NCUBINAE ELEMENTS
1. That the man must be married . That he committed any of the following acts+ a. Peeping a mistress in a conugal dwelling b. Baving se!ual intercourse under scandalous circumstances with a woman who is not his wife
who is not his wife" - by cohabiting with her in any other place. -
-#omplaint from the offended spouse is necessary. - 9ach act of se!ual intercourse is a single count of adultery.
- #omplaint from the offended spouse is necessary.
• (dultery is more severely punished than concubinage because adultery makes possible the introduction of another man’s blood into the family so that the offended husband may have another man’s son bearing his )husband’s* name and receiving support from him.
Art 88D: A$t1 of La1$i!iou1ne11 ELEMENTS:
1. That the offender commits any act of lasciviousness or lewdness . That it is done under any of the following circumstances+ a. 2y using force or intimidation" or b. 5hen the offended party is deprived of reason or otherwise unconscious" or c. 5hen the offended party is another person of either se! C4a"ter III Art 88G: ualified Sedu$tion TW% CLASSES:
1. Seduction of a virgin over 1 years and under 1> years of age by certain persons, such as, a person in authority, priest, teacher, etc." and . Seduction of a sister by her brother, or descendant regardless of her age or reputation Element1 of 9ualified 1edu$tion of a !ir/in:
1. offended party is a virgin, which is presumed if she is unmarried and of good reputation" . that she must be over 1 and under 1> years of age" $. that the offender had se!ual intercourse with her, and 4. That there is abuse of authority, confidence, or relationship on the part of the offender.
Art 88: Sim"le Sedu$tion Element1:
1. That the offended party is over 1 and under 1> years of age . That she must be of good reputation, single, or widow. $. That the offender has se!ual intercourse with her. %. That it is committed by means of deceit UALI*IE( SE(UCTI%N
- the woman is virgin )morally*
SIMPLE SE(UCTI%N
- The woman is single, widow of good reputation. - offender is any person in public - &ffender may be any person. authority, priest, house servant, domestic, guardian, teacher or any person entrusted with the education of custody of the woman seduced. - 5hen the offender is the brother or - The victim is always over 1 but under an ascendant, the victim may be over 1>. 1>, the age and reputation of the girl is not material.
or if 1 but less than 1>, there is force and intimidation, or the girl may or may not be a virgin.
1> and the crime is by means of caolery. - In 'ualified seduction+ the girl must be a virgin.
Mirginity- is not physical but moral, i.e., that the woman does not have se!ual e!perience.
Art 8>: Corru"tion of Minor1 #ommitted by one who promotes or facilitates the prostitution or corruption of minor in order to satisfy the lust of another and not the corruptor’s own lust.
Art 8>2: W4ite Sla!e Trade A$t1 "enalied:
1. 9ngaging in the business of prostitution . rofiting by prostitution $. 9nlisting the services of women for the purpose of prostitution In relation to RA G2D-C4ild A#u1e Law t4e ff are "uni14a#le "
1. romote, facilitate or induce child prostitution which include, but are not limited to the following+ a. acting as procurer of a child prostitute" b. Inducing a person to be a client of a child prostitute by means of written or oral advertisements or other similar means" c. Taking advantage of influence or relationship to procure a child as prostitute" d. Threatening or using violence towards a child to engage him as a prostitute" e. 4iving monetary consideration, goods or other pecuniary benefit to a child with the intent to engage such child in prostitution. . Those commit act of se!ual intercourse or lascivious conduct with a child e!ploited in prostitution" $. Those who derive profit or advantage therefrom" %. (ttempt to commit child prostitution. C&APTER IV AB(UCTI%N
Art 8>6: *or$i#le a#du$tion (bduction of any woman against her will with lewd designs. Element1 *or$i#le A#du$tion wit4 Ra"e:
1. that the person abducted is any woman, regardless of her age, civil status or reputation" . that the abduction is against her will" and $. that the abduction is with lewd design. lewd de1i/n- obscene, lustful, lascivious, lecherous. It signifies that form of immorality
which has relation to moral impurity, one carried in a wanton manner. •
5here the girl is under 1, the crime is always forcible abduction with or without the consent of the child. The law presumes that the abduction is against her will. Se!ual
Element1:
1. That the offended party must be a virgin . That she must be over 1 and under 1> years of age $. That the taking away of the offended party must be with her consent, after solicitation or caolery from the offender %. That the taking away of the offended party must be with lewd design C%NSENTE( AB(UCTI%N
SE(UCTI%N
- The gravamen of the crime is the alarm and disturbance to the parents and the family of the victim and the infringement of their rights.
- The gravamen of the offense is the wrong done to the woman.
W4en 14ould "ardon #e /i!en #5 t4e offended "art5=
To be effective, pardon must be given before the prosecution of the crime. W4at are t4e effe$t1 of "ardon #5 t4e offended "art5=
It does not e!tinguish criminal liability. (n e!ception would be marriage under the antirape law. The civil liability shall be e!tinguished by e!press waiver of the offended. • In rape cases the pardon must be granted not only by the parents of the offended but also the offended herself.
Title Twel!e Crime1 a/ain1t Ci!il State of Per1on1 Simulation of #irt41, 1u#1titution of one $4ild for anot4er, and $on$ealment or a#andonment of a le/itimate $4ild A$t1 Puni14ed under Art 8>G
1. Simulation of births . Substitution of one child for another 3. #oncealing or abandoning any legitimate child with intent to cause such child to lose into civil status. •
&bect of the crime under (rt. $%E is the creation of false or causing of the loss of civil status.
Art 8>G: Simulation of Birt4 • Takes place when the women pretends to be pregnant when in fact she is not and on the day of the supposed delivery takes the child of another as her own. •
•
The simulation which is a crime is that which alters the civil status of a person. @act that the child will be benefited by the simulation of its birth is not a defense.
Con$ealin/ or a#andonin/ an5 le/itimate $4ild Re9ui1ite1:
1. . $. •
•
The child must be legitimate The offender conceals or abandons such child, and The offender has the intent to cause such child to lose its civil status. (bandonment of a child should be understood under (rt. $%E as leaving the child a public place where other people may find it, and causing the child lose it civil status. #oncealing a legitimate child before the purpose of causing it to lose its civil status.
Lia#ilit5 of P451i$ian or Sur/eon
( physician or surgeon or public officer, who cooperates in the e!ecutive of any of these crimes, is also liable if he acts in violation of the duties of his profession.
•
The urpose of defrauding the offended party or his heirs 'ualifies the crime. C4a"ter Two Ille/al Marria/e1
Art 8>: BIAM3 Element1:
1. that the offender has been legally married . that the marriage has not been dissolved or, in case of his or her spouse is absent, the absent spouse could not yet presumed dead according to the civil code. $. that he contracts a second marriage or subse'uent marriage. %. that the second or subse'uent marriage has all the essential re'uisites for validity. •
ullity of first marriage, not a defense in bigamy charge
The Supreme #ourt held that there is need of a udicial declaration of the fact that the marriage of a person is void before that person can marry again" otherwise the second marriage be void. )5iegel vs. Sempio-Ciy* 1%$ S#SS %== •
•
The second marriage must have all the essential re'uisites for validity Malidity of second marriage is a preudicial 'uestion to liability for bigamy.
Bi/am5 not a "ri!ate offen1e+ the crime of bigamy does not fall within the category
of private crimes that can be prosecuted only at the instance of the offended party. The offense is committed not only against the first and second wife but also against the state. •
•
( person convicted of bigamy may still be prosecuted for concubinage. The second spouse who knows of the first marriage is an accomplice, as well as the person who vouched for the capacity of either of the contracting parties.
•
( udicial declaration of the nullity of a marriage (b Initio is now re'uired.
•
•
@ailure to e!ercise due diligence to ascertain the whereabouts of the first wife is bigamy through reckless Imprudence.
•
4ood faith is a defense in 2igamy.
Art 8?: MARRIAE C%NTRACTE( AAINST PR%VISI%N %* LAWS Element1:
1. that the offender contracted marriage . that he knew at the time that a* the re'uirements of the law were not complied with or 9!. Harriage is solemnied by a ministerJpriest who does not have the re'uired authority to solemnie marriage. b* the marriage was in disregard of a legal impediment 2. The marriage does not constitute bigamy. •
9ualif5in/ Cir$um1tan$e+ Is either of the contracting parties obtains the consent of
the other by means violence, intimidation or fraud.
Art 8?2: PREMATURE MARRIAES Per1on1 lia#le for Premature Marria/e
1. ( widow who married within $G1 days from the date of the death of her husband, or
•
eriod of $G1 days is important only for cases where the woman is not pregnant of without knowledge of such pregnancy. If the woman is pregnant, prohibition is good only up to time of delivery.
Art 8?6: PER*%RMANCE %* ILLEAL MARRIE CEREM%N3 • riest, or ministers of any religious denomination or sect or civil authorities who shall perform or authorie any legal marriage ceremony. • &ffender must be authoried to solemnie marriages" otherwise he is liable under (rt. 1EE for usurpation of authority.
Title T4irteen CRIMES AAINST &%N%R C4a"ter %ne Li#el Li#el@ definition
Is a public and malicious imputation of a crime or of a vice or defect real or imaginary, or any act, omission, condition, status or circumstance tending to cause the dishonor, discredit or contempt of a natural or uridical person, or to blacken the memory of one who is dead. •
ELEMENTS of (efamation:
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance. . That the imputation must be made publicly. $. That it must be malicious. %. That the imputation must be directed at a natural or uridical person, or one who is dead. 6. That the imputation must tend to cause dishonor, discredit or contempt of the person defamed. 1. 5hen a person in an article imputes upon the person mentioned therein, lascivious and immoral habits, that article is of a libelous nature as it tends to discredit the persons libeled in the minds of those reading the article. . ublication is the communication of the defamatory matter to some third person or persons. $. 5riting a letter to another person other than the person defamed is sufficient to constitute publication, for the person to whom the letter is addressed is a third person in relation to its writer and the person defamed therein. > T&ERE IS N% CRIME I* T&E IMPUTATI%N IS N%T PUBLIS&E(
6. 2ut the publication need not refer by name to the offended party. It is sufficient if it is shown that the offended party is the person meant or alluded to therein.
6. The defamatory remarks directed at a group of persons are not actionable unless the statements are all-embracing or sufficiently specific for the victim to be identifiable. &ow are t4e element1 of "u#li$ation and identifi$ation 1ati1fied=
There is publication if the material is communicated to a third person. It is not re'uired that the person defamed has read or heard about the libelous remark. 5hat is important is that a third person has read or heard of the libelous statement, for a man’s reputation is the estimate in which others hold him, not the good opinion which he has in himself. (s regards identification, it must be shown that at least a third person or a stranger
confidential nature, or of any statement, report of speech delivered in said proceedings, or of any other act performed by public officers in the e!ercise of their function. Rule of A$tual Mali$e
This rule states that even if the defamatory statement is false, no liability can attach if it relates to official conduct, unless the public official concerned proves that the statement was made with actual malice, that is, with knowledge that it was false or with reckless disregard of whether it was false or not. TEST T% (ETERMINE W&ET&ER W%R(S USE( ARE LIBEL%US
If they tend to induce hearers to suppose and understand that persons against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his honesty, virtue or reputation, or to hold him up to public ridicule. Li#el B5 Mean1 of Writin/1 or Similar Mean1
#ommitted by means of the following+ 1. writing" D. phonograph" . printing" E. painting" $. lithography" >. theatrical e!hibition" %. engraving" =. cinematographic e!hibition" 6. radio" 1G. any similar means.
Art 8?D: T4reatenin/ to Pu#li14 and %ffer to Pre!ent 1u$4 Pu#li$ation for a Com"en1ation ACTS PUNIS&E(+
1. 2y threatening another to publish a libel concerning him, or his parents, spouse, child, or other members of his family" or . 2y offering to prevent the publication of such libel for compensation or money consideration. Bla$<mail- is defined as any unlawful e!tortion of money by threats of accusation or
e!posure. It is possible in light threats under (rt. >$, and threatening to publish, or offering to prevent the publication of libel for compensation, under (rt. $6D.
Art 8?G: Pro4i#ited Pu#li$ation of A$t1 Referred To In T4e Cour1e %f %ffi$ial Pro$eedin/1 ELEMENTS:
1. offender is a reporter, editor or manager of a newspaper, daily or magaine" . he publishes facts connected with private life of another" and 3. Such facts are offensive to the honor, virtue and reputation of said person. •
This provision constitutes the so-called 4ag 8aw.
Art 8?: Slander- oral defamation IN(S:
1. Simple slander . 4rave Slander, when it is of a serious and insulting nature *a$tor1 t4at determine t4e /ra!it5 of oral defamation:
1. 9!pression used . The personal relations of the accused and the offended party $. The circumstances surrounding the case %. Social standing and the position of the offended party
Art 8?: Slander #5 (eed ELEMENTS:
1. The person who publishes, e!hibits or causes the publication or e!hibition of any defamation in writing or similar means . The author or editor of a book or pamphlet $. The editor or business manager of a daily newspaper magaine or serial publication %. The owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection with its publication C4a"ter Two In$riminator5 Ma$4ination1
Art 8D8: In$riminatin/ Inno$ent Per1on ELEMENTS:
1. offender performs an act" . that by such act he directly incriminates or imputes to an innocent person the commission of a crime" and 3. Such act does not constitute perury. •
In cases of planted evidence, and the like which do not in themselves constitute false prosecutions but tend directly to cause false prosecution
INCRIMINATIN INN%CENT PERS%N
PER7UR3 B3 MAIN ACCUSATI%N
*ALSE
- committed by performing an act by which the offender directly incriminates o imputes to an innocent person the commission of a crime - is limited to the act of planting evidence and the like, in order to incriminate an innocent person
- the gravamen of the offense is the imputation itself, falsely made, before an officer - is the giving of false statement under oath or the making of a false affidavit, imputing to a person the commission of a crime
Art 8D>: intri/uin/ A/ain1t &onor ELEMENTS:
1. committed by any person" . such person makes any intrigue" and 3. urpose is to blemish honor or reputation of another person. Ma5 t4e $ourt im"o1e a "enalt5 of fine in1tead of im"ri1onment=
es. ;nder, (rticle $66, the court is given the discretion to impose the penalty of imprisonment or fine or both for the crime of libel. Bumanitarian reasons as held in Torralba v. #( 1==D. W4at are t4e different $rime1 of defamation=
They are the oral defamation or slander, written defamation or libel, and defamation by overt acts or slander by deed. Mali$e in law
It is malice which the law presumes to be present where the offender cannot establish ustifiable reasons or good motives therefore. Bence, the complainant here does not have to prove the e!istence because it is presumed by law.
Mali$e in fa$t
It is malice which the complainant has to prove to e!ist. The offender must prove the e!istence of malice in order to hold the offender criminally and civilly liable.
a scalpel in the case of free speech. Hen in public life may suffer under a hostile and unust accusation" the wound can be assuaged with the balm of a clear conscience. Ma5 e!iden$e "ro!in/ t4e trut4fulne11 of t4e im"utation #e re$ei!ed=
o, 9vidence proving the imputation is obectionable because such is inadmissible. E0$e"tion1:
1. Imputation against a public officer and the same relates to his public function. )(rt. $D1, par.b* The offended may adduce evidence of the truth of such imputation. . Imputation of crime against any person.)art. $D1, par.a*2ut the mere fact that the truth is proved, the accused must show that he acted out of good motives and ustifiable end. Truth alone is not enough, in some cases truth is not a defense at all. W4at i1 t4e nature of fair $ommentarie1 on matter1 of "u#li$ intere1t=
They are privileged and constitute a valid defense in an action for slander or libel. The (o$trine of *air Comment means that while in general every discernible imputation publicly made is deemed false, because every man is presumed innocent until his guilt is udicially proved, and every false imputation is directed against a public person in his public capacity, it is not necessarily actionable. W4o i1 a "u#li$ fi/ure=
&ne who by his accomplishments, fame, mode of living, or by adopting a profession or calling which gives the public a legitimate interest in his doings, his affairs and his character has become a public personage. Be is in other words a celebrity.
Title *ourteen UASI-%**ENSES
Art 8D?: Im"ruden$e and Ne/li/en$e Puni14a#le ua1i-offen1e1
1. #ommitting through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony. . #ommitting through simple imprudence or negligence an act which would otherwise constitute a grave or less serious felony. $. #ausing damage to the property of another through reckless imprudence or negligence" %. #ausing through simple imprudence or negligence some wrong which if done maliciously, would have constituted a light felony. Re$<le11 Im"ruden$e ELEMENTS:
1. . $. %. 6.
offender does or fails to do an act" the doing of or failure to do the act is voluntary" that it be without malice" that material damage results" and there is ine!cusable lack of precaution on the part of the offender, taking into consideration+ a. his employment or occupation" b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.
Sim"le Im"ruden$e ELEMENTS:
1. lack of precaution on the part of the offender" and . the damage impending to be cause used is not immediate or danger is not clearly manifest.
It is the ine!cusable lack of precaution of a person taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding time, person and place Such ine!cusable negligence material damage to another.
results
in
It consists of the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate or the danger clearly manifests
•
Since this is the mode of incurring criminal liability, if there is only one carelessness, even if there are several results, the accused may only be prosecuted under one count for criminal negligence. So there would only be one information to be filed, even if the negligence may bring about resulting inuries which are slight.
•
N%TE: (o not 1e"arate t4e a$$u1ation from t4e 1li/4t "451i$al in;urie1 from t4e ot4er material re1ult of t4e ne/li/en$e
Illu1tration:
If the criminal negligence resulted in homicide, serious physical inuries and slight physical inuries do not oin only the homicide, physical inuries in one information for the slight physical inuries. ou are not comple!ing slight when you oin it in the same information. It is ust that you are not splitting the criminal negligence because the real basis of the criminal liability is the negligence. If you split the criminal negligence, then double eopardy will arise.
SUMMAR3 %* B%% TW% Trea1on +28>.
Re#ellion +28>.
#rime against ational Security #an only be committed in times of war
#rime #rime against against ublic &rder ublic &rder Haybe committed in times of peace (lways involves taking up of arms against the government
Haybe committed by mere adherence to the enemy, giving him aid or comfort There are only two ways of proving treason+
Sedition +28.
Su#!er1ion +P( ?.
(ire$t A11ault 21t "art +2>.
Special 8aw
#rime against ublic &rder
unishes mere affiliation or membership in a subversive organiation
&ffender employs force or intimidation to attain any of the purposes of rebellion or sedition but with N% public uprising
a* testimony of witnesses, at least, to the same overt act
b" confession of the accused in o"en $ourt
There is a public uprising but there mu1t #e taking up of arms against the government
Miolation by a subect of his allegiance to his sovereign or the
There is a public uprising but it is sufficient that such is tumultuous
3aising of commotion or disturbances in the State
Supreme (uthority the State
of
Pira$5 +266.
There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is an outsider
Ar#itrar5 (etention +26>. and (ela5 in t4e deli!er5 of detained "er1on1 to t4e "ro"er ;udi$ial aut4oritie1 +26?.
Ro##er5 on t4e &i/4 Sea1 +Title ', C4a"ter 2.
There is intent to gain The manner of committing the crime is through violence against or intimidation of persons or force upon things The offender is a member of the complement or a passenger of the vessel
Ille/al (etention +6DG 6D.
Haybe committed only by public #ommitted by private individuals or officers and employees who are public officers and employees acting acting as such )2;T private in their private capacity individuals who conspire with public officers are guilty of this crime*
Violation of (omi$ile +26 J 28.
Tre1"a11 to dwellin/ +6.
Haybe committed only by public #ommitted by private individuals or officers and employees who re acting public officers and employees acting as such )2;T private individuals who in their private capacity conspire with public officers are guilty of this crime*
Pro4i#ition, interru"tion and di11olution of "ea$eful meetin/1 +282.
(i1tur#an$e of "u#li$ order +2?8
Haybe committed only by public officers and employees who are acting as such )2;T private individuals who conspire with public officers are guilty of this
#ommitted by private individuals or public officers and employees acting in their private capacity.
crime*
21t wa5 of $ommittin/ t4e $rime of Ille/al A11em#l5 +2>D.
6nd wa5 of $ommittin/ t4e $rime of Ille/al A11em#l5 +2>D.
That there is a meeting, a gathering or group of persons, whether in a fi!ed place or moving That the meeting is attended by armed persons That the purpose is to commit any of the crimes punishable under the 3#
That there is a meeting, a gathering or group of persons, whether in a fi!ed place or moving It doesn’t matter whether the audience is armed or not That the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or direct assault.
Ille/al A11em#l5 +2>D.
Ille/al A11o$iation +2>G.
There is an actual meeting or It is not necessary that there be an assembly actual meeting Heeting and attendance at such That there is a meeting, a gathering meeting is punished or group of persons, whether in a fi!ed place or moving That the purpose is to commit any That the audience is incited to the of the crimes punishable under the commission of the crime of treason, 3# rebellion or insurrection, sedition or direct assault
Ille/al A11em#l5 +2>D.
There is an actual meeting or assembly Heeting and attendance at such meeting is punished The persons liable are+ a. organiers or leaders of the meeting b. persons present at the meeting
Ille/al A11o$iation +2>G.
It is not necessary that there be an actual meeting The act of forming or organiing and membership in the association is punished The persons liable are+ 1. the founders, directors and president . the members
(ire$t A11ault +2>.
Indire$t A11ault +2>.
There are ways of #ommitted only committing direct when a direct assault. assault is also committed a* without public uprising, by employing force or intimidation for the attainment of the purposes of rebellion and sedition b* with out public uprising, by attacking, by employing force or by seriously intimidating or be seriously resisting any person in authority or any of his agents, while engaged in the performance of official duties, or on the occasion of such performance In the nd form of The offended Cirect (ssault, the party is a w4o offended party is a person person in authority or $ome1 to t4e his agent aid of a person in authority or his agent The force employed of the a/ent of a
Re1i1tan$e Seriou1 (i1o#edien$e +2?2, "ar2.
Sim"le (i1o#edie n$e +2?2, "ar 6.
o force is employed in resisting or disobeying
The offended party is The a person in authority offended or his agent party is a person in authority or his agent.
"er1on in aut4orit5
must be serious. It need not be serious when the offended party is a person in authority The person in authority or his agent can either be+ a*engaged in the actual performance of official duties" or b* he is assaulted by reason of the past performance of official duties The resistance employed mu1t #e 1eriou1
The person in The person authority must be in in the actual authority performance of his must be in official duties the actual performan ce of his official duties or gives a lawful order thereof The resistance here is not serious
Per1on in aut4orit5
(ny person directly vested with urisdiction, whether as an individual or as a member of some court or governmental corporation, board or commission, shall be deemed a person in authority
Alarm1 and S$andal1 +2??.
#rime against ublic &rder The disturbance must N%T be serious in nature )par.%* The discharge of the firearm should N%T be aimed at a person )par.1*
(i1tur#an$e of Pu#li$ %rder +2?8.
A/ent of a "er1on in aut4orit5
&ne who, by direct provision of law or by election or by appointment by competent authority, is charged with the maintenance of public order and the protection and security of life and property, and any person who comes to the aid of persons in authority ra!e +6.
S$andal
(i1$4ar/e of *irearm +6?>.
#rime against #rime against ublic &rder ublic Horals The disturbance must be serious in nature
#rime against ublic ersons
The discharge of firearm is aimed at a person but without intent to kill That the highly scandalous conduct is N%T e!pressly falling with any other article in the #ode
(eli!erin/ Per1on1 from ;ail +2?D.
E!a1ion of Ser!i$e of Senten$e +2?G.
Conni!in/ wit4 or $on1entin/ to e!a1ion +668.
E!a1ion t4rou/4 ne/li/en$e +66>.
The officer The offender is The offender is a The offender is a removes or the prisoner public officer public officer helps in the
escape of a prisoner The prisoner The prisoner The prisoner may The prisoner may may be a must be a be a detention be a detention detention or a prisoner or a $on!i$t #5 final prisoner prisoner or a ;ud/ment prisoner by final prisoner by final prisoner by udgment udgment final udgment The public officer The prisoner was in escapes through connivance with the public the prisoner officer’s negligence
Re$idi!i1m +Art 2>, "ar .
Reitera$ion +Art 2>, "ar 2.
It is enough that a final udgment has been rendered in the 1st offense
It is necessary that the offender shall have served out his sentence for the 1st offense
3e'uires that the offenses be included in the same title of the #ode
revious and subse'uent offenses must not be embraced in the same title of the #ode
Serves to increase the penalty into its ma!imum
Serves to increase the penalty into its ma!imum
o period of time between the former conviction and the last conviction is fi!ed by law &rdinary mitigating circumstance which can be offset by a mitigating circumstance
o period of time between the former conviction and the last conviction is fi!ed by law &rdinary mitigating circumstance which can be offset by a mitigating circumstance
Multire$idi!i1m or &a#itual (elin9uen$5 +Art D6, "ar ?.
ua1ire$idi!i1m +Art 2D.
The accused The accused are must be found yet to serve or guilty the $%d are serving their time or oftener of sentences at the any of the crimes time of the specified below commission of the crime &nly the crimes revious and of robbery, theft, subse'uent estafa, offenses do not falsification and need to be physical inuries embraced in the are taken into same title of the consideration #ode (n additional unished by the penalty is also ma!imum imposed penalty prescribed by law for the new felony &ffender is found eriod of the guilty of any of commission must the crimes be before serving specified within out the sentence 1G years from his or during the last release or service of such last conviction sentence Special Special aggravating aggravating circumstance circumstance which $annot be which $annot be offset by a offset by a mitigating mitigating circumstance circumstance
Ma<in/, im"ortin/ and utterin/ fal1e $oin1 +2D8.
The coin uttered )passed* maybe currency of a foreign country or that which has been withdrawn from circulation In case of uttering, the offender connived with the counterfeiters or importers
Mutilation of $oin1 and im"ortation and utteran$e of mutilated $oin1 +2D>.
Sellin/ of fal1e or mutilated $oin1 wit4out $onni!an$e +2D?.
The coin must be of The coin must be /legal /legal tender0 and does tender0 not include foreign coins There is connivance with the mutilator or importer in case of uttering
There
is no $onni!an$e but there is knowledge that the coin is false
*al1ifi$ation of le/i1lati!e do$ument1 +2G.
*al1ifi$ation #5 "u#li$ offi$er, em"lo5ee or notar5 or e$$le1ia1ti$al mini1ter +2G2.
The offender is The offender is a any person public officer, employee or notary public who takes advantage of his official position )in case the offender is an ecclesiastical minister, the falsification affects the civil status of a person* &ffender alters a &ffender falsifies legislative a public or official document and document such alteration changes the meaning of the document
*al1ifi$ation #5 "ri!ate indi!idual1 and u1e of fal1ified do$ument1 +2G6, "ar2
*al1ifi$ation #5 "ri!ate indi!idual1 and u1e of fal1ified do$ument1 +2G6, "ar6.
The offender is a The offender is private individual any person or a public officer or employee who does not take advantage of his position
&ffender falsifies a public, official or commercial document
&ffender falsifies private document
a
Camage or intent The falsification to cause damage is must cause damage or at N%T necessary least there was an intent to cause damage N%TE: If falsification is committed as a means to commit other crimes )e.g. estafa, theft or malversation* the crimes form a comple! crime. &%WEVER, this applies only to public, official or commercial documents. There is no comple! crime when it is a private document because damage or intent to cause it is an essential element.
U1in/ fi$titiou1 name +2G, "ar 2.
9lement of publicity must be present The purpose is to counsel a crime, evade an e!ecution of a udgment or cause damaged to public interest *al1e te1timon5 in a $riminal $a1e a/ain1t defendant +2.
Con$ealin/ true name +2G, "ar6.
E1tafa +.82?, 1u#di!i1ion6, "ara.
9lement of publicity need not be present 9lement of publicity The purpose is to cause need not be present the damage purpose is merely conceal one’s identity
*al1e te1timon5 in a $riminal $a1e fa!ora#el to t4e defendant +22.
*al1e te1te1mo nie1 in $i!il $a1e1 +26.
*al1e te1timon 5 in ot4er $a1e1 and "er;ur5 +28.
%fferin/ fal1e te1timon5 in e!iden$e +2>.
There is a There is a The The There is a criminal criminal testimony testimony udicial proceeding proceeding is given in is under proceeding a civil oath but case N%T in a udicial proceedin g Cefendant #onviction or must be ac'uittal of sentenced at the last to a defendant is correctional N%T penalty, a necessary, it fine or must is sufficient ac'uitted that the defendant is prosecuted for a felony &ffender knows the falsity of the witness, presented him and the latter testified falsely
WIT&%UT IN(UCEMENT.
If there is inducement, (rts (rts.. 1>G Q 1>$ in relation to (rt. E par. will apply Infrin/ement Trademar<1 +2.
of
Unfair $om"etition +2.
8imited range, so one who fails to establish the e!cl e!clus usiv ive e prop proper erty ty righ rightt whic wh ich h is esse essent ntial ial to the the vali validi dity ty of a trad tradem emar ark, k, may may yet yet obtai obtain n reli relief ef on the ground of unfair competition The offended offended party here has iden identi tifi fied ed pec peculia uliarr 15m# 15m#ol ol or mar< mar< with his good goods s and and ther thereb eby y has has ac'uired a property right in such symbol or mark &ffender was the tradema trademark rk or trade trade name name of another manufacturer or dealer and sells his goods on which on which the the trademark is affi!ed
2roader and more inclusive
The offended offended party has identified identified in t4e oods he mind of t4e "u#li$ the good manufact manufacture ures s are deals in from those of other others, s, wh whet ethe herr or not not a mark mark or trade trade name name is empl employ oyed ed,, and and has has a prop proper erty ty manufacturer or dealer and sells the same. &ffe &ffen nder der give gives s his his good good the the gene generral app appearanc ance of the goods ods of ano another manuf manufact actur urer er or clean cleanse serr and and sell sells s the the same.
nowin/l5 renderin/ un;u1t ;ud/ement ;ud/ement +6>.
7ud/ment 7ud/ment rendered t4rou/4 ne/li/en$e +6?.
Un;u1t interlo$utor5 order +6D.
Mali$ Mali$iou iou1 1 dela5 dela5 in t4e admini1tration of ;u1ti$e +6G.
&ffend &ffender er is a udge The udgmental udgmental is unust and that udge knows knows that it is unust
&ffen ffende derr is a udge The udgment udgment is manife1ted unust and due to his ine!cusable negli neglige genc nce e or ignorance
&ffe &ffend nder er is a udge udge
&ffe &ffenG nGde derr is a udge The delay is caused with with deli#erate inflic ictt intent to infl damage damage on either either party
Be knowingly rendered an unust interlocutor interlocutory y order or rend render ered ed one one manife manifestl stly y unust unust through in e!cusable negligence of ignorance
(ire$t +62.
Bri#er5
(greem (greement ent betwee between n the the offi office cerr and and the the give giverr of the the gift gift or present &ffe &ffend nder er agre agrees es to perfor perform m or perform performs s act act or refr refrai ains ns from from doing something because of the gift to promise
Indire$t Bri#er5 +622.
Anti-raft and Corru"t Pra$ti$e1 A$t +RA 82.
o agreement
It is not necessary that the the offi office cerr shou should ld do any any part partic icul ular ar act act or even promise to do an act as it is enough that he accepts gifts offered to him by reason of his office
In par. )a*, it is N%T re'uired that there is a re'uesting re'uesting or receiving receiving of any gift, gift, pres presen entt or benefit. benefit. In par. par. )b*, )b*, the the public officer re'uesting or receiving has to intervene under the law in any contract or transaction between the gove govern rnme ment nt and and any any other party. In par. par. )c*, )c*, the the publ public ic offi office cerr re'u re'ues esti ting ng or receiving is in connection with securing or obtaining a govern governmen mentt permit permit or license.
;nder the nd The act here is not paragraph of (rt. 1G, un;u1t the act e!ecuted mu1t #e un;u1t
Pro4i#ited tran1a$tion1 +62?.
Po11e Po11e11 11io ion n of "ro4i#ited inte intere re1t 1t #5 a "u#l "u#li$ i$ offi offi$e $er r +62D.
&ffend &ffender er is an appointive public officer
&ffender is a (ny publ public ic offi office cerr public offi offic cer who has an offi offici cial al duty duty to interv intervene ene in the contract or business
Be becomes interested, directly or indi indire rect ctly ly,, or any transaction
Be is directly or indirectly interested in any contract or business in which e0$4 e0 $4an an/e /e of it was his official duty to intervene 1"e$ulation
AntiAnti-r raft aft and and Corru"t Pra$ti $ti$e1 A$t A$t +RA 82, "ar / and 4.
Anti- Anti-raft raft and Corru"tion Pra$ Pra$ti ti$e $e1 1 A$t A$t +RA +RA 82 82,, "ar "ar 2.
ubli ublic c appearance appearance who is a member of a boar board, d, pane pane or group which e!ercises discre discretio tion n in the appr approv oval al of any any tran trans sacti action on or act In par. )g* the Cirectly or pubic officer indirectly ente enters rs into into ( ( becoming transaction inte intere rest sted ed,, for for manif anifes estl tly y and and pers person onal al again again,, grossly or having disadvantageous material material interest interest
to the government, weathe atherr or not not the public public officer officer will profit. In par. ar. )h*, the the public officer directly or indirectly has financial or pecuniary interest in a business, contract or transaction transaction which is proh prohib ibit ited ed by the constitution constitutional al any law
in any tran trans sacti action on or act re'uiring the approval of such boar board d pane panell or group.
Mal!er1atio n of "u#l "u#li$ i$ fund1 or "ro"ert5 +62G.
*ailure *ailure of a$$ounta# le offi offi$e $er r to rende render r a$$ount1 +62.
*ailure of a re1"on1i#le offi$er to render #efore lea!in/ lea!in/ t4e $ountr5 +62.
Ille Ille/a /all u1e u1e of "u#li$ fund1 or "ro"ert5 +66.
*ailure to ma<e deli deli!e !er5 r5 of "u#li$ fund1 or "ro"e "ro"ert5 rt5 +662.
a* The public officer appropriat es publ public ic fund unds or property
The public offi fficer is re'uired by law or reputation render accounts to the #ommissio n on (dult, or to a provincial auditor and he fail fails s to do so for a period of such accounts render accounts to the #ommissio n on (udit, or to a provincial auditor and he fail fails s to
The public offi office cerr has has unlawfully left the hilippines without securing from cure from the commission on (udit a certificate showing that his account accounts s have have finall finally y settled without securing from #ommission on (udit a certificate showing that his account accounts s have ave been finally settled.
The public officer applied a publ public ic fund fund or prop proper erty ty to a public use other than that for whic wh ich h such such has been approach approach by law of ordinance ordinance to a publ public ic use use othe ther than than that to which such has been appropriated by law or ordinance
ublic ublic officer officer
b* The public public offic officer er takes takes or misappropriat e a public funds of property c* The publ public ic officer consents or through abandon ment or negligenc e, permits any other other pers person on to take such such
MALICI%USL 3 *ail mali$iou1l5 fail1 to ma<e a<e "la "lan
payment when he is under obligation make sure payment from government buy here refuses to make delivery even even thoug though h ordered by competent auth author orit ity y to property o him payment payment when he is under oblig obligati ation on to make such
public do so for a funds or period of property months after such d* The public accounts officer is should be other wise rendered guilty of the misapprop riation or malversati on of such funds or property.
payment from government funds in his possession, or the refuses to make delivery even though ordered by competent authority to deliver in his custody administratio n
Re!elation of 1e$ret1 #5 an offi$er +66.
Pu#li$ offi$er re!ealin/ 1e$ret1 of "ri!ate indi!idual1 +68.
The secret affects public interest Camage interest
is
caused
U1ur"ation of le/i1lati!e "ower1 +68.
to
The secret is that of a private individual and public revelation is N%T re'uired public Camage is N%T necessary
U1ur"ation of U1ur"ation e0e$uti!e fun$tion1 ;udi$ial +6>. +6>2.
off fun$tion1
&ffender is an &ffender is a udge &ffender is an officer of e!ecutive or udicial the e!ecutive branch of officer the government a* makes a* assumes a power a* assumes general rules or pertaining to the udicial powers regulations e!ecutive authorities beyond the scope b* obstructs of his authority b* obstructs the the e!ecution of any e!ecutive authorities order or decision b* attem in the lawful e!ercise rendered by any pts to repeal a of their powers udge within his law urisdiction c* suspe nds the e!ecution thereof
Parri$ide +6>D.
(eat4 under e0$e"tional
Murder +6>.
&omi$ide +6>.
Infanti$ide +6??.
$ir$um1tan$e 1 +6>G.
&ffender is AN3 person
&ffender is a &ffender is &ffender is legally married AN3 AN3 person person or a person parent The The deceased The The decrease deceased is or victim of deceased was killing the father, serious physical was killed without me mother, or inury is the with the attendance of child spouse or presence any of eh whether daughter of the of 'ualifying legitimate accused and his 'ualifying circumstance or paramour aggravatin s of murder, illegitimate, g parricide or or a circumstan infanticide legitimate ces other ascendant or other descendant, or the legitimate spouse of the accused Intentional A#ortion +6?D.
Unintentional A#ortion +6?G.
&ffender is AN3 person The decreased is a child which was less than $ days of age
A#ortion "ra$ti$ed #5 t4e woman 4er1elf #5 4er "arent1 +6?.
A#ortion "ra$ti$ed #5 a "451i$ian or midwife and di1"en1in/ of a#orti!e1 +6?.
The offender is The offender is The offender the N%T the may be N%T pregnant pregnant woman woman a* a pregnant woman
The offender must be a physician or midwife
b*
Intent to commit abortion 5ay of commission+ a* sing
any of her parents, with her consent, but he purpose must be to conceal her dishonor intent to Intent to commit Intent to commit N% commit abortion abortion abortion 5ay commission+
u Intentional violence
of
5ay commission+ (ny method
is
of 5ay commission+
of
The physician or midwife takes
violence
e!erted
advantage of his or her scientific knowledge or skill
b* a cting without using violence, without the consent of the pregnant woman c* a cting with the consent of the pregnant woman Mutilation +6D6.
Seriou1 P451i$al In;urie1 +6D8
Le11 Seriou1 P451i$al In;urie1 +6D?.
Sli/4t P451i$al in;urie1 and Maltreatment +6DD.
The mutilation The purpose is to The purpose is to The purpose is to of organs inflict inury inflict inury inflict inury necessary for generation or any other part of the body must be for t4e
"ur"o1e
of depriving the victim of the part of his body a* Mi a* ctim becomes insane, imbecile, impotent or blind b* Mi ctim loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a b* leg, or loses the use of any
Mictim is a* Mictim is incapacitated incapacitated for labor for for labor from 1G days or 1 = days, or more )but re'uired not more medical than $G attendance days*, or during the needs same period medical attendance b* Mictim was for the same not prevented period of form time engaging in his habitual The physical work or did inuries must not re'uire not be those medical
such member, or becomes incapacitated for the work in which he c" was therefore habitually engaged c* Mi ctim becomes deformed, or loses any other member of his body, or loses the use thereof, or becomes ill or incapacitated for the performance of the work in which he was habitually engaged for more than =G days d* Mi ctim becomes ill or incapacitated for labor for more than $G days )but must not be more than =G days
described in the preceding articles
attendance
?ualified less serious physical inuries )1* there is a manifest intent to insult or offend the inured person" )* there are circumstance adding ignominy to the offense" )$* victim is the parent, ascendant, guardian, curator or teacher of the offender" )%* offended party is a person of rank or a person in authority provided the crime is N%T direct assault
c* Mictim was illtreated by deed without causing any inury
P451i$al In;urie1
Attem"ted &omi$ide
&ffender inflicts physical inuries
(ttempted homicide may be committed even without physical inuries &ffender has an intent to kill the offended party
&ffender has not intent to kill the offended party idna""in/ and Seriou1 Ille/al
Sli/4tl5 Ille/al (etention
Unlawful Arre1t +6D.
or
idna""i n/ and *ailure
*ru1trated
Sla!er5 +6G6.
(etention +6DG.
+6D.
&ffender is a private individual
&ffender is a private individual
&ffender is AN3 person
&fficer kidnaps or detains another, or in any manner deprives the latter of his liberty &ffender kidnaps or detains another, or in any manner deprives the latter of his liberty The act of kidnapping is illegal
&ffender kidnaps or detains another, or in any manner deprives the latter of his liberty
urpose of the offender is to deliver him to the proper authorities
The act detention kidnapping illegal
Return a Minor +6G
of The arrest or or detention is is not authoried by law circumstances no reasonable ground thereof
The following The circumstance circumstances are present+ in kidnapping and serious a* it lasts for illegal more than $ detention is not days present b* It is committed simulating public authority c* (ny serious physical inuries are inflicted upon the victim or threats to kill him are made
&ffender &ffender is is AN3 entrusted person with the custody of minor person &ffender The deli#erat purpose to el5 fails is to restore enslave the said the minor to victim his parents or guardians
d* Mictim is a minor, female, or a public officer Sla!er5 +6G6.
W4ite Sla!er5 +8>2.
#rime against ersonal 8iberty and Security &ffender purchases, sells, kidnaps or detains a human being
#rime (gainst #hastity
urpose is to enslave
&ffender either engages in the business of prostitution, profits by it, or enlists the series of women urpose is for prostitution
A#andonin/ a minor +6GD.
A#andonin/ a minor #5 a "er1on entru1ted wit4 4i1 $u1tod5@ Indifferen$e of "arent1 +6GG.
#ustody of the offender is stated in general
#ustody of the offender is specific, that is the custody for rearing or education of the minor Hinor is under 1 years of age Hinor is delivered to a public institution or other person
Hinor is under E years of age Hinor is abandoned in such a way as to deprive him of the care and protection that his tender years need
ra!e T4reat1 +66.
Li/4t T4reat1 +68.
Threatening another with infliction upon his person, honor, or properly or that of his family of any wrong Such wrong amounts to a crime
&ffender makes a threat to commit a wrong
(cts+ a* a demand for money and any condition is imposed even though not unlawful and the offender attains his purpose b* the offender does not attain his purpose the c" threat is not subect to a condition but it must be deli#erate
%t4er +6?.
Li/4t
T4reat1
The wrong doe1 not Threats under par. $ here is constitute a crime similar to light threats because the harm threatened to be committed is N%T a crime. 2ut the difference is that here, there is no demand, for money or no condition is imposed or the threat is not deliberate (cts+ Threats under par. here is the same as the $rd form of a* a grave threats because the demand for money harm to be committed is a and any other crime. But it 14ould #e condition is made in t4e 4eat of imposed even an/er though not unlawful and the offender attains his purpose b* the offender does not be subect to a condition
ualified tre1"a11 to dwellin/ +6.
%t4er form1 of tre1"a11 +62.
&ffender is a private person &ffender enters a dwelling house
&ffender is AN3 person &ffender enters closed premises or fenced estate lace entered is inhabited lace entered is uninhabited The act constituting the crime is The act is entering the closed entering the dwelling against the premises or the fenced estate will of the owner without securing the permission of the owner or caretaker thereof rohibition to enter is e!press or rohibition to enter mu1t #e implied manifest ra!e Coer$ion +6D.
Li/4t Coer$ion +6G.
%t4er 1imilar $oer$ion +6, "ar2.
%t4er 1imilar $oer$ion +6, "ar 6
Coer$ion affe$tin/ la#or $a"ital +6.
&ffender is any person that restrains the will and liberty of another and who has no authority or the right to do so &ffender prevented another from doing something not prohibited by law or that he compelled him to do something against his will be it right or wrong
&ffender is a creditor who seies anything belonging to his debtor
&ffender is any person, agent or officer of any association or corporation which has employed employees
&ffender pays the wages due an employee by means of tokens or obects other than legal tender
&ffender is AN3 person
&ffender forces or compels, directly or indirectly, or knowingly permits to be forced or compelled any employee to purchase merchandise of any kind from the
The employee or laborer doe1
&ffender employs violence or not threats in such a e0"re11l5 re'uest than degree as to the paid by compel or means of force the tokens or laborers or obects employers in the free and legal e!ercise of their industry or work
corporation The prevention or compulsion be effected by violence, threats or intimidation
ra!e Coer$ion +6D.
The seiure of the thing be accomplish ed by means of violence or a display of material force producing intimidatio n urpose of the offender is to apply the same to the payment of the debt
Ille/al (etention +6DG.
&ffender may have any other purpose
The purpose of the offender is clear and it is deprivation of liberty
&ffended is AN3 person
(i1$o!erin/ 1e$ret1 t4rou/4 1eiure of $orre1"onden$e +6.
&ffender
urpose is to organie, maintain or prevent coalitions of capital or labor, strike of laborers or lockout of employers
is
a
Maltreatment of Pri1oner1 +68?.
E0e$ution of (eed1 #5 mean1 of Violen$e or Intimidation +6.
The offender is a public officer who must have actual charge of the prisoner &ffended party is a prisoner
&ffender has an intent to defraud another
Re!ealin/ 1e$ret1 wit4 a#u1e $onfiden$e +62.
private &ffender
is
&ffended party is under N%T obligation to sign, e!ecute or deliver the document under the law, but the offender makes him thorough violence or intimidation
Re!ealin/ of indu1trial 1e$ret1 +66. of
a
&ffender is a person in-
individual or even a public officer N%T in the e!ercise of his official function
manager, employee servant
&ffender seies the papers or letters of another for the purpose of discovering the secrets of such person
&ffender learns the secrets of his principal or master in such a capacity &ffender reveals &ffender reveals a such secrets 1e$ret of t4e indu1tr5 and "re;udi$e is caused to the owner
&ffender is informed of the contents of the papers or letters signed
or
Ro##er5 +6>-8?.
charge employee or workman of a manufacturing or industrial establishment
T4eft +8-822.
Taking of personal property belonging to another Taking of personal with intent to gain by means of+ property belonging to another with intent to gain and wit4out t4e latterH1 $on1ent Violen$e a/ain1t or intimidation of "er1on1
*or$e u"on t4in/1
If this is employed, the taking of personal property belonging to another is always robbery
The taking is robbery %NL3 if the force is used either to enter the building or to break doors, wardrobes, chests, or any other kind of locked or sealed furniture or receptacle inside the building or to force them open outside after taking the same from the building Malue of the property Malue of the property taken is immaterial taken is considered
Ro##er5 +6> J 8?. Wit4 &omi$ide +6>.+ Intent to
(i1tin/ui14ed from ot4er $rime1 &omi$ide +6>.+ To kill is the main
gain is the main purpose
purpose
T4ru Intimidation +6>.+
T4reat1 to e0tort mone5 +66. +
a* There is intimidation and the purpose is to obtain gain
a* There is intimidation and the purpose is to obtain gain
b* Intimidation actual and immediate
is
b" Intimidation is conditional or future, that is, N%T immediate
c* personal
is
c*
Intimidation
Intimidation
may
be
made through an intermediary d* Intimidation is directed only to the person of the victim
d* Intimidation may refer to any person, honor or property of the offended party or that of his family
e* 4ain of the culprit is immediate
e"
4ain of the culprit is
N%T intent to gain ra!e Coer$ion +6.+
Wit4 Violen$e+6>.+
a* There is violence used by the offender
a* There is violence used by the offender
b* gain
b" gain
There is intent to
There is N% intent to
Ro##er5 +6> J 8?.
Bri#er5 +62.
5hen the victim did not commit a crime and he is intimidated with arrest andJor prosecution to deprive him of his personal liberty Mictim is deprived of his money or property by force or intimidation
5hen the victim has committed a crime and gives money or gifts to avoid arrest or prosecution
Ro##er5 wit4 for$e u"on t4in/1 +6 J 8?.
T4eft +8 J 822.
If a false key is used to enter a building, it is robbery
If the false key or picklock was used to open a door in1ide the building, then it is only theft. 2ut if the room opened is a separate dwelling place, it may give rise to robbery If a false key is used to open a wardrobe, locked receptacle or drawer, it is merely theft.
It is robbery when a wardrobe, locked receptacle or drawer is broken to get a property inside
Ro##er5 wit4 for$e u"on t4in/1 +6 J 8?.
The locked or sealed receptacle is forced open in the building where it is kept or taken therefrom to be broken outside
Mictim pats with his property /voluntarily0
E1tafa +82?.
money
or
T4eft +8 J 822.
( person opens by ( locked receptacle is force certain locked found on the side receptacle w4i$4 4a1 street and forcibly and the #een $onfided into opened 4i1 $u1tod5 and takes contents thereof taken the money contained therein.
B5 mean1 of fireF
B5 mean1 e0"lo1ionF
of
B5 mean1 derailment of lo$omoti!eF
of a
B5 mean1 of "oi1onF
5hen the 5hen a person uses 5hen property is crime is Ar1on a hand grenade to damaged as a result of )$G and C create an e!plosion, the derailment of a D1$ as the is receives one locomotive, the crime &ffender takes the crime &ffender the &ffender takes the amended by that involves committed is damage to locked receptacle thing from the locked receptacle 3( ED6=*, destruction )$%* without thethis owner’s offended party means without the ofowner’s is not an communication )$$G* consent with force consent aggravating upon things circumstance, since it is inherent in the crime %$$u"ation of real "ro"ert5 T4eft or Ro##er5 5hen 5hen e!plosion 5hen derailment of a 5hen or u1ur"ation of realan ri/4t1 something is is used for the locomotive is used for poison is and "ro"ert5 +826. set on fire purpose of orkilling purpose of killing used for There is foroccupation Therethe is taking or asportation the purpose of another person, this another person, this the usurpation killingproperty another,orbecomes a becomes a is9ualif5in/ purpose of 3eal real right is ersonal property involved this becomes a 9ualif5in/ killing a//ra!atin/ involved in another 9ualif5in/ a//ra!atin/ $ir$um1tan$e in accordance with (rt. person, this a//ra!atin/ $ir$um1tan$e with %>, par. $ becomes a $ir$um1tan$e accordance in accordance (rt. %> par. $ 9ualif5in/ with (rt. %>, a//ra!ati par. $ n/ $ir$um1ta in n$e
accordance with (rt. %>, par. $ 5hen the crime committed is (rson, and someone is killed in the process, but there was not intent to kill, this is still not considered an aggravating circumstance, but the penalty would be reclusion perpetua to death in accordance with C 1D1$ 5hen someone is killed, and then the house is set on fire, there are two
5hen the crime committed is one involving destruction, and someone is killed in the process, but there was no intent to kill, the crime is still destruction and this circumstance is inherent in that offense. Bowever, the penalty would be death
5hen the crime committed is one involving derailment of a locomotive, and someone is killed in the process, but there was no intent to kill, there is a comple! crime of damage to means of communication with homicide )or murder*
5hen someone is killed, and then an e!plosion is done, there are two
5hen someone is killed, and derailment of a locomotive is done after the killing, there are
1e"arate
two 1e"arate $rime1
1e"arate $rime1
of destruction and of derailment of murder )or locomotive and murder homicide* )or homicide*
of arson and murder )or homicide* This becomes an aggravating circumstance when %NL3 there is
$rime1
This becomes an This becomes an aggravating aggravating circumstance %NL3 circumstance %NL3 when there is when there is another another aggravating
This becomes an aggravatin g
E1tafa #e mean1 of de$eit +82?, 1u#di!i1ion 6 8.
Mal!er1ation +62G.
@unds or property are always private &ffender is a private individual or public officer who is not accountable for public funds or property #ommitted by misappropriating, converting or denying having received money, goods or other personal property
;sually public funds or property
E1tafa #e mean1 of de$eit +82?, 1u#di!i1ion 6 8.
BP 66
&ffender is usually a public officer who is accountable for public funds or property #ommitted by appropriating, taking or misappropriating or consenting, or through abandonment or negligence, permitting any other person to take the public funds or property
&ffender postdated a check, or Here act of issuing a check is issued one in payment or an punished not the non-payment of an obligation. obligation It can’t apply to guarantees Hay apply to a guarantee Camage or preudice is caused Camage is N%T an essential element
E1tafa #5 remo!in/, $on$ealin/, or de1tro5in/, in w4ole or in "art, an5 $ourt re$ord, offi$e file1, do$ument1 or an5 ot4er "a"er1 +82?, No 8 +$..
Infidelit5 in t4e do$ument1 +66D.
$u1tod5
of
&ffender is a private individual &ffender is a public officer who is or even a public officer who is officially entrusted with the not offi$iall5 entru1ted with documents the documents There is an intent to defraud Intent to defraud is N%T necessary
Adulter5 +888.
Con$u#ina/e +88>.
&ffender is a married woman
&ffender is a married man
A$t1 of La1$i!iou1 ne11 +88D.
Ra"e +6DD J A.
Un;u1t Ve0ation +6G, "ar 6
A$t1 of La1$i!iou1n e11 wit4 t4e $on1ent of t4e offended "art5
(cts of the offender do not clearly indicate that he wants to lie with the offended woman
(cts There are performed acts of N% by the lasciviousne offender ss
(cts of the offender do not clearly indicate that he wants to lie with the offended woman
8ascivious acts are themselves the final obective of the offender The acts are committed under circumstanc es which had there been carnal knowledge, would amount to ra"e
$learl5 indi$ate
that his purpose was to lie with the offended woman 8ascivious acts are but the preparatory acts to the commission of rape
ualified or Sim"le 1edu$tion +8GG 88.
8ascivious acts are themselves the final obective of the offender The acts are committed under circumstance s which had there been carnal knowledge,
In 'ualified seduction, there abuse of confidence, of authority or relationship . In simple would amount to seduction there must eit4er 9ualified or be deceit 1im"le 1edu$tion.
There is not se!ual
#onsent is present but there must be either abuse of confidence, of authority, relationship or deceit There is no There se!ual se!ual
is
intercourse
*or$i#le A#du$tio n +8>6.
ra!e Coer$ion +6D.
&ffended party must be a woman
&ffended party be AN3 person
Corru"tion of Minor1 +8>.
intercourse
intercourse
A$t1 of La1$i!iou1ne 11 +88D.
Con1ented A#du$tion +8>8.
&ffended &ffended &ffended party must party maybe party must be a minor be over 1 AN3 person and under 1> years of age and was taken away with her consent after solicitation or caolery from the offender There is There is N% There is N% There is an There is an an lewd design lewd design element of element of element lewd designs lewd designs of lewd designs It is 8echerous enough acts must that have libidinous a$tuall5 designs been may e!ist, committed actual commissio n of acts of lascivious ness is N%T
necessary Bi/am5 +8>.
That a legally married offender contracts a subse'uent marriage which has all the essential
Marria/e $ontra$ted a/ain1t "ro!i1ion1 of law1 +8?.
Premature marria/e1 +8?2.
That the offender The offender may knew at the time of either be+ marriage that re'uisites of the law a* a were not complied woman who with or the marriage married within was in disregard of a $G1 days from legal impediment the date of the
Adulter5 or Con$u#ina /e +888 or 88>.
re'uisites for validity when the 1st marriage has not been legally dissolved or in case of an absent spouse, such spouse could not yet be presumed dead
#rime against civil status of persons
death of her husband, or before having delivered is she is pregnant at the time of his death
#rime against civil status of persons
b* a woman who, her marriage having annulled or dissolved, married before her delivery or before the e!piration of the period of $G1 days after the date of the legal separation #rime against civil #rime status of persons against #hastity, 1o it i1 a di1tin$t offen1e
Li#el +8?8.
Slander +8?.
( public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or uridical person, or to blacken the memory of one who is dead
Slander #5 deed +8?.
The offended party suffered from shame or
Maltreatment +6DD, "ar 8.
o dishonor was caused
&ral defamation
Un;u1t Ve0ation +6G, "ar 6.
A$t1 of La1$i!iou1ne11 +88D
