Criminal

Published on March 2017 | Categories: Documents | Downloads: 43 | Comments: 0 | Views: 667
of 137
Download PDF   Embed   Report

Comments

Content

 

Criminal Law Bar 2011 Notes Roland Glenn T. Tuazon  Ateneo de Manila University 

TABLE OF CONTENTS: 1.  2.  3.  4.  5.  6.  7. 

FUNDAMENTAL PRINCIPLES AND FELONIES  CIRCUMSTANCES AFFECTING LIABILITY  PERSONS CRIMINALLY LIABLE  PENALTIES  MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY  AGAINST NATIONAL SECURITY  AGAINST FUNDAMENTAL LAWS OF THE STATE 

8. 9.   10.  11.  12.  13.  14.  15.  16.  17.  18.  19. 

AGAINST PUBLIC ORDER  AGAINST PUBLIC INTEREST  RELATIVE TO OPIUM AND OTHER DRUGS   AGAINST PUBLIC MORALS  COMMITTED BY PUBLIC OFFICERS   AGAINST PERSONS  AGAINST PERSONAL LIBERTY AND SECURITY  AGAINST PROPERTY  AGAINST CHASTITY  AGAINST CIVIL STATUS  AGAINST HONOR  CRIMINAL NEGLIGENCE 

 



 



 



o

 



 



FUNDAMENTAL PRINCIPLES AND FELONIES   Preliminary

 

YES. Requisites:   1) Violation of admin regulation must be made a crime by the delegating statute   2) Penalty for violation must be provided by the statute itself. Are judicial decisions by the SC penal laws?  o  No. o  Article 8 of NCC: judicial decisions interpreting the Constitution form part of the legal system of the Philippines. Philippines. But decisions of the SC interpreting criminal statutes are not penal laws per

   

o

ANNEX I: CIVIL INDEMNITY RATES  



actions for private crimes: adultery, seduction, abduction, etc. There must be a complaint initiated by the offended party.   Ratio: to protect the latter from shame and humiliation.   Rape is no longer a private crime. (Art. 344 of RPC) –  it is now a crime against persons.   Under RA 8353, the marriage of the offender and the offended party will extinguish criminal liability of the accused. Can there be common law crimes in the Philippines?  o  No. There are no no common law crimes in the P Philippines. hilippines. Nullum crime nulla poena sine lege. What are the sources of criminal law? o  RPC, SPL, municipal ordinances. What about administrative reg regulations? ulations? May these partake of nature of criminal law?

What is the nature of felonies?  o  All felonies in RPC are public wrongs, as distinguished from private wrongs, the latter of which is just a breach of duty or contract of two private parties. o  Although the State has power to prosecute persons for private crimes, the law gives the victim the privilege of not instituting

1

se – they are merely interpretative. What are examples of laws in Philippine criminal law that follow the positivist theory?  o  1. ISL   The ISL was approved to uplift and improve human life. Not focused on the person person as a criminal, but but the law takes into account economic usefulness of offender and excessiveness of deprivation of liberty. o  2. Habitual delinquency law o  The State is concerned not just with protective social order against criminal acts, but also redeeming the individual for social ends. Not just retribution, retribution, but reformation.

 

 



 



What is the principle of generality?  o  Art 14 of the NCC: Penal laws apply apply to all those who live or sojourn in the Philippines, subject to international law or treaty stipulations. o  How does international law become domestic law, under the 1987 Constitution?    Transformation  – requires that the I-law be transformed into domestic law; ex. local legislation   Incorporation  – international law is part of the law of the land. Immunities from criminal prosecution by certain individuals: o  1. Covered by the VCDR or exempted by treaties/laws or preferential application  – suing   Principle is  par in parem non habet imperium  – them is tantamount to suing the State they represent   Who are the diplomats covered? Classified into four:



 

o



service-connected offenses Who are officers and members of the AFP?     Article 1: members of AFP, those subject to military law, members of the Citizens Armed Forces Geographical Units (CAFGU) What is the general rule?     Civilian courts have jurisdiction over crimes committed by members of the AFP.   EXCEPTION: service-connected offenses (provided in R RA A 7055) fall u under nder courtsmartial

  A) ambassadors, ambassadors extraordinary   B) ministers and papal internuncios   C) ministers-residents   D) charges-de-affaires This principle is inviolable; they are not subject to local penal laws. They are immune from arrest and prosecution for violation for local laws. But one may be temporarily restrained if he commits acts that threaten public public order. The State may si simply mply request for recall of the diplomat  – he will still not be prosecuted locally. 







 

 

 

country. But the exemption exemption is not based on the nature of his position.   Except: immunity does not cover suits in personal and private capacity as an ordinary citizen   L i a n g :  The RP and ADB entered into an agreement under which officers and staff members enjoy immunity from legal processes and prosecution, with respect to acts performed in their official capacity, except when the bank waives the immunity. In this case, the ADB officer committed grave oral defamation, which is ultra vires. He is not immune. immune. This is no nott covered by immunity because he was not performing his duty. 2. RA 7055  – Members of the AFP and officers charged with







X is a citizen of Iran, but is also an h o n o r a r y   c o n s u l .  He was caught in possession of drugs. Is

Civilian court determines before arraignment whether the crime is service-connected Is it possible for a service-connected crime to be tried by civilian courts?   YES. The Presiden President, t, before arraignme arraignment, nt, in the interest of justice, may refer the crime to a civilian court as long as it is covered by the RPC or any other SPL. What about Members of the PNP?    They are covered covered by RA 69 6975. 75. Civilian courts have jurisdiction over them because the PNP is civilian in character.

 

 

he exempt from prosecution?   No. A consul is not exempt from criminal prosecution for violation of the penal laws of a country where he is assigned assigned to. He is not entitled to any immunity or diplomatic privileges under the VCDR. The nature of the job of consuls, vice-consuls, or consulsgeneral is commercial in nature.   Exception: when there is an agreement between the Philippines and the sending 



 





2

 

 

o

 

3. Immunity under law/transactio law/transactional nal immunity   Transactional immunity is statutory immunity from criminal prosecution as granted by law   Omnibus Election Code  – one who reports to the COMELEC any incident of vote buying or vote selling, and he testifies for prosecution: he is entitled to immunity, even if he took part part in such crime. Sec 261 of OEC.   P.D. 749  – immunity granted to those furnishing information re: violation of bribery, indirect bribery, corruption of public officers

 



Art. 2: territoriality principle

 



 



 



What is covered by the territory of the Philippines? o  Phil. archipelago, atmosphere, interior waters, maritime zone UNCLOS –  –  o  Territorial sea is up until 12 nautical miles o  Contiguous zone: up until 24 nautical miles   States may exercise control even within this area to prevent and punish infringement of customs, immigration, fiscal, sanitary laws within territory or territorial seas What are the exceptions to the territoriality rule of criminal law?  o  1. Commission of an offense in a Philippine Philippine ship or airship   But technically this is not an exception, because Philippine ships or airships are part of Philippine territory   Nationality of the ship depends on its registration o  2. Forging or counterfeiting Philippine coins or notes or government securities o  3. Introduction into the Philippines of the forged/counterfeited notes, coins, or government securities Rationale for #2 and #3: to protect economic security   of the Philippines Philippines o  4. Public officers and employees who commit an offense in the exercise of their duties o  5. Commission of any of the crimes against national security and the law of nations

 



i.e. treason, espionage, provoking or disloyalty during war, piracy, mutiny   Purpose of penal laws involving national security is to protect the domestic order and crimes against national and economic security of the Philippines. The law is designed to protect not only the national and economic security of the country, and should reach beyond the boundaries of the Philippines, wherever they may be found. Differentiate the English from the French rule: o  English (territorial) – the territorial State has jurisdiction, except when it merely concerns internal management of the vessel. o  French (flag) – the flag of registration has offense, as long as it does not disturb the peace. There was an English vessel in Phil. territory, not in transit. Accused was smoking opium on the ship. 

HELD: Convicted. The SC followed followed the English rule rule,, because he was smoking smoking withi within n Phil. territory. territory. This had pernicious effect on Phil. territory (“disturbs the peace”) so it was not a matter of mere internal management of the vessel. A person in a Philippine ship in Vietnamese waters got drunk and shot three people. He wa was s not p prosecuted rosecuted in Vietnam. Can the Philippines prosecute him?  o  Yes, the Philippines may exercise jurisdiction. Although following the English rule, which we adhere to, it must be Vietnam that exercises jurisdiction, since Vietnam did not exercise jurisdiction, there is nothing preventing the Philippines o

 

 



from deviating from English rule. Rule: the territorial State has State priority. If it fails to do so, the Philippines Philippine s may act under Art. 2. In the D.D.A., mere attempt attempt to transport marijuan marijuana a is a crime. Can Philippine officials board the vessel to prosecute those on board? o  General rule: the ship cannot cannot be boarded. But the UNCL UNCLOS OS said that the criminal law of a State may not be enforced on board the vessel to prosecute individuals, except  if measures are necessary to suppress illegal traffic of narcotic drugs in a commercial vessel that passes by the territorial sea. What is the nature of the high seas? o  Free for all. 

 

o

 



 



3

 

 

o

 

o

 

o

 

Is it possible that a crime was committed beyond the territorial sea, but yet, when the vessel enters Phil. territorial sea, can it be prosecuted?   Yes, if it is a continuing crime. Can Philippines legislate on crimes applying to the high seas?   Yes, for instance, P.D. 532  – Piracy. Pirates wanted to unload the oil from a vessel. They boarded the ship within Phil. Waters, which went to Singapore, and unloaded the oil to another vessel in the high seas. Can they be be prosecuted here?   Yes, they can be prosecuted for piracy even if the crime was committed in Singapore, because the crime began began in the Philippines. Philippines. It contin continued ued to Singapore.

 



 



Art. 3: felonies

 



 



 



 



If he acts with negligence, such as when he is negligent in ascertaining the true state of facts, he may be liable for felony by culpa. o  Not a valid defense for felony by culpa or by SPL. What is abberatio ictus and what are its implications?  o  This is mistake in the victim victim of the blow. There is still crimi criminal nal liability, which is generally increased (because it either becomes a complex crime or two separate crimes  – against the intended and the real victim). o  Can treachery apply to abberatio ictus?   Yes, because if the accused fired at his intended target but missed, the victims are helpless to defend themselves.  What is error in personae and its implications? o  This is mistake in the identity. It may or may not lower criminal liability depending on the crime committed and if the intended o

What are the two components of felonies by d o l o  ?  o  1. Act and omission punishable by law (physical act) o  2. Mens rea (intent)   For felonies by dolo, one is not criminally liable if there is no criminal intent. What about culpa?  o  Not intent, but negligence, imprudence, lack of foresight, or lack of skill May someone be held criminally liable for crimes of omission? o  YES. The following must concur:   1. There is a positive duty provided by law   2. Accused acted voluntarily to not do a positive duty   3. Criminal intent in refusing to do it o  Examples: misprision of treason, prevaricacion (Art. 208 of RPC), fraud on treasury What is mistake of fact and its implications? o  Recall: People v. Achong. o  If there is mistake of fact, then there is no no criminal intent. One is not culpable for dolo. o  The one invoking it must act with good faith.

crime is of equal or different gravity.   Ex. X intended to kill Y, but instead killed his father, Z by mistake. Instead of homicide, it b became ecame parricide. In this this case, Art. 49 will govern: error in personae becomes mitigating (apply maximum period of homicide as penalty).  What is praeter   intentionem and its implications? o  The accused did not intend to commit so grave a wrong as that committed. This is a mitigating circumstan circumstance ce under Art. 13.  o  But if the means used to commit the desired crime would also logically and naturally bring about the actual felony, praeter intentionem does not apply. 

 

o

 



Circumstance Mistake of fact

Not culpable

Abberatio ictus

Complex crime

Error in personae

No change; or maximum period of the lesser offense

Praeter intentionem

Mitigating

 



4

C o m m o n o r u s u a l  implication

What is the rule on specific intent felonies? 

 

 

 

In specific intent felonies, the prosecution must prove beyond reasonable doubt doubt the specific intent. But sometimes, specific specific intent may be presumed.   Ex. intent to kill must must be proved. One can presume presume this, for instance, from the mere fact that the victim died from a deliberate deliberate act. But for attempted or frustrated homicide, intent to kill is not presumed and must be proved.   Ex. intent to gain in theft. theft. One is found in p possession ossession of recently stolen property – there is a presumption. o  Criminal intent can be presumed from the commission of a delictual act. Must motive be proved for d o l o   ?  o  Not in general. Motive is not an essential essential element of crime. But there are instances where motive is a prerequisite to conviction of accused. o

 



 

o

 

o

 

o

–If the crime committed, for instance Political crimes  – murder, is in pursuance of political motive in rebellion or coup d’etat, it is absorbed by the crime.  Death by exceptional circumstances  – killed wife   and paramour who were having sexual intercourse. Not criminally liable for homicide, if motive is to avenge dishonor. dishonor. But if he killed killed the wife for s some ome other motive, and not due to exceptional circumstances, then he is criminally liable. Motive, however, is useful when there is doubt whether the accused committed the crime or as regards the identity of the

 

o

 

 



 



 



Can more than one person be liable for killing the same person, one by dolo and one by culpa?   Yes.   3 people people went to carnival. carnival. X w was as men mentally tally challenged. Y po poured ured gas gasoline oline on X. Z lit a match and burned X. HELD: Y who poured gasoline was liable for reckless imprudence resulting in homicide. He should have anticipated that after pouring gasoline, someone could light a match  – lack of foresight. Z is lliable iable for felo felony ny by dolo  – deliberate act. (P v. Pugay) Are crimes punishable by SPLs automatically crimes malum prohibitum?  o  Not all. Some can be malum malum in se. o  A. Plunder is malum in se, for three reasons: 1. Although defined by SPL, it is malum in se because   the crimes constitutive of plunder are mala in se. Under the law, mitigating and extenuating circumstances are applicable to plunder.   2. The predicate crimes are punishable by RP to death.   3. Plunder is inherently immoral and wrong. o

 

When is accused criminal intent not needed to commit a crime? o  1. Culpa  o  2. Crimes malum prohibitum  Is reckless imprudence under 365 a felony under Art. 3?  o  Yes. It is a quasi-offense. o  Note the difference: Under Art. 3, culpa is mode of committing a crime, while in Art. 365, culpa itself is the crime punished, thus it is a felony. Does mistake in the identity of the victim constitute o  reckless imprudence?   No. Mistake in ident identity ity is not culpa.

5

Ex. Policemen were trying to arrest an escapee, and they saw a man sleeping. They thought the man w was as the escapee. HELD: The felony was was dolo, not culpa, because the killing was deliberate. May there be a crime of frustrated homicide through reckless imprudence?   No. Frustrated homicide homicide requires intent to kill. kill. This is incompatible with recklessness, negligence, or imprudence. Can there be conspiracy resulting from negligence?   There can be no conspiracy resulting from negligence, because conspiracy is the product of deliberate agreement evincing intent. If the information charges an intentional felony but what is proved is culpable felony, can the accused be convicted?   Yes, because the greater includes the lesser offense

 

 

 

B. Sec. 27B of the Omnibus Omnibus election code: code: a member of the BEI who tampers with election results.   The crime is malum in se, although the crime is defined by SPL. It is inherently immoral and w wrong rong to tamper with election results. Give examples of SPLs that are malum prohibitum:  o  A. Possession of unlicensed firearm.   But mere transient possession in RA 8294 is not a crime: there must be intent to possess, not mere possession.   Can the use of unlicensed firearm be an aggravating circumstance?   Yes. RA 8294 provides that it is an aggravating circumstance. o  B. Violation of Trust Receipts law o  C. Anti-fencing Law

o

o

 



Art. 4: felonies and impossible crimes Par.1 – natural and logical consequence of felonies

 





 



 



 



 



No. The SC is wrong. Under Art. 8, they must agree to commit a crime (felony). Thus, thi this s does not apply to malum prohibitum. (Tigoy v. P)

  No need to prove intent to gain Can one be liable for both a felony and a SPL for one delict? o  Yes. o  Ex. One issued a check for a transaction which bounced. Liable for BP 22 AND liable for estafa. Ex. One pretended to be a licensed o  licensed recruiter. Liable for both illegal recruitment and estafa. Can one be liable for crime defined by SPL, commit another felony and then become liable for a special complex crime? o  Yes. The anti-carna anti-carnapping pping law (RA 6539). If the offender kills the driver or occupant to take the car, he is guilty of special

What is the rule on liability for those who have committed a felony?  o  That person is liable for natural (ordinary course of things) and logical (reasonable connection) consequences of his criminal act o  The act must be the proximate cause of the effect. What is proximate cause?  o    “The cause, which in its natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not occurred ”  And that cause may cause another thing to occur, which produces the injury Which circumstances do not affect the existence of o  proximate cause?   1. Pre-existing condition of the victim (pathological)   2. Negligence of doctor   3. Refusal to get medical help or delay in getting it When is something not the proximate cause of the effect? o    1. There is an active force that intervened between the felony committed and the death of the victim,   2. the Thevictim. resulting   injury or damage is the intentional act of Examples where even if the resulting wrongful act was different from the offender’s intention, he is liable for that resulting act o  Inserted vibrator in anal orifice o off victim. It was rusty so the victim died (Complex crime of sexual assault with homicide under RA 8353)  o  Accused robbed a store and to shut up the woman inside, he  jammed a pan de sal in her mouth. She died by asphyxiation. Convicted of robbery with homicide. o  The kidnap victim victim died from a hea heart rt attack due to fear. The accused is liable for kidnapping with homicide.  

complex crime of carnapping with murder. May a felony by dolo or culpa absorb a crime which is malum prohibitum? o  No, a felony by dolo or culpa cannot absorb a malum prohibitum crime. Two persons went to the public forest and cut timber, which is a violation of the Forestry Code. They were convicted, convicted, on basis of conspiracy. The court ruled that they were guilty to conspire to violate the Forestry Code. Is the SC decision decision correct?  Can there be conspiracy to commit malum prohibitum?

 



6

 

 

Accused robbed victim of belongings, the victim ran away and  jumped in the river. She drowned. Accused is liable since he created a sense of fear in the mind of the victim. o  Even if the doctor is negligent, but the accused inflicted mortal wounds on the victim, the negligence of the doctor is NOT an active intervening force that exculpates the accused.    But there are times the doctors’ acts are exculpatory.    Ex. Victim was brought to the hospital, but the doctor was so intoxicated, he gave the victim poison instead of medicine. The doctor was liliable. able.  Is it possible that two persons are liable for the death of the same person even if there is no conspiracy? o  Yes. Two persons w went ent to a bar, did not know each other, and sat on different tables. tables. They saw saw an annoying person. One person stabbed him. The other, not knowing that the first on one e stabbed him too, stabbed him again. Both wounds were o

 



 



Par. 2 – impossible crimes

 



 



mortal.    Both are liable for homicide.  An accused committed reckless imprudence, and due to this, two people died. Can he b be e prosecute prosecuted d for reckless imprudence resulting to double double homicide? May reckless impru imprudence dence result into a complex crime? o  YES, because reckless imprudence is a felony under Art. 3 and Art. 48 talks about felonies as component crimes. What is the relevant presumption under Rule 131, Sec 5(c) of the Rules of Evidence? o  A person is presumed to contemplate the ordinary

 

 



 



 



What are the elements of an impossible crime? o  1. The offender performed an act which would be an offense against persons or property o  2. He performed the act with criminal intent o  3. Accomplishment of the act is inherently impossible or the means employed were inadequate or ineffectual Differentiate ―factual or physical impossibility‖ from ―legal impossibility‖:  o

 

o



on Y, who dies. X is liable for the death of Y even if committing suicide is not a crime per se. What will apply to culpable felonies? o  Article 365 of the RPC applies. o  The offender is liable for whatever damage or injury caused by him.

Factual or physical impossibility   There is intent and performance but no accomplishment due to extraneous circumstances that makes accomplishme accomplishment nt impossible.   The factual condition must be unknown to the offender. What if the person knew the factual condition?      There is no crime and there is no impossible crime. Examples:      Offender accepted goods which he believed to have been stolen, but which were not, in fact stolen   Offender offers a bribe to someone he believes is a public officer, but is in fact not   Offender believed his gun was loaded, pointed it as his wife, and pulled the trigger. But it was empty.   Intod v. CA   – fired guns into empty bedroom, because the intended victim was out of town   Jacinto v. P   – Sales agent, instead of turning over the check to employer, gave it to 



consequences of his acts, and expect those. But intent is an internal act. How do you determine this?  o  Through circumstances of the case. Does Art. 4, par. 1 regarding liability for natural and logical consequences consequenc es apply to culpable felonies? o  No. o  Par. (1) is specific: it refers only to delitos. o  NOTE:  Boado has a different opinion, noting that “delitos” means felony in general, which can include culpable felonies. The classic example she gives is person X jumping off a building to commit suicide, but does not die because he lands









7

 

 

o



 

 



 

a relative. The check bounced. HELD: impossible crime, because at the time the petitioner stole the check, there were no funds in the bank. (Problem with this case: What about postdated checks? Does not the check (paper) itself have some value?) Legal impossibility impossibility   There is intent and performance of a crime, but the consequence could not result into a crime.   Even when completed, it would not amount to a crime.   Ex. Stole a watch that turned out to be his.   Ex. Offender saw a naked woman lying on the beach. He inserted his his penis into his vagina. It turned out she was was de dead. ad. Impossible crime, beca because use yo you u cannot rape a dead person.

 



 



 



Is an impossible crime a crime?  o  No. But it is still punished punished because the law intends to punish criminal inclinations/tendencies. inclinations/tendencies. What is the penalty for impossible crimes?  o  Under Art. 59 of the RPC, the imposable penalty for impossible crime is arresto mayor (correctional penalty). What is the potentially inequitable situation arising from o  this penalty?    Supposing I saw a person on a bed, and I punched him. He sustained sustained slight slight PI. But he turned out to be dead, so it was an impossible crime.   Under 266(3) the for RPC penalty is arresto menor Art. for slight PI.of But PI. an the impo impossible ssible crime, the the penalty is arresto mayor. mayor. So if that person w were ere alive, the penalty would be less than if he were dead!

Art. 6: Stages of consummation

 



 



 



 



Art. 5: Duty of courts to report

 



Remedy is executive clemency, in case of excessive penalties.   The court can simply recommend, but not impose clemency, because it’s still the Executive’s prerogative. Article 5 does not apply to crimes defined by SPL, because of the use of the words “degree of malice,” etc.   This brings to mind B.P. 22, in relation to A.C. 12-2000, as clarified by A.C. 13-2001: o  S.C. noticed that people are using the courts as collection agencies and are clogging up dockets o  So S.C. issued a circular dissuading people from filing B.P. 22, and for judges to just impose fines A.O. 08-2008, issued 25 Jan. 2008 o  Libel – imposable penalty is imprisonment or fine o  According to the S.C., preference is fine over imprisonment

When does the court’s duty to report to the President, through the DOJ, apply?  o  1. Acts which are not punishable by law, but should be o  2. Clearly excessive punishment o  N.B. in these cases, the court must still render the proper decision notwithstanding the report.

8

When is a crime consummated?  o  When all the acts necessary for its accomplishment and execution are present. o  The accused has reached the objective stage of the offense as he no longer has control of his acts, having performed all that is necessary to accomplish the purpose. In general, all the felonies in Book II are consummated crimes. What is the exception?  o  Attempted or frustrated robbery with homicide Why do we punish attempted stages? o  Attempts are punished because there is just as much need to reform a person who has unsuccessfully attempted to commit a crime What are the elements of an attempted crime? o  1. Commenced execution “directly, by over t acts”  There must be an overt, external act and there is   crime intended to be committed   There is direct connection to crime intended to be committed  – must have an immediate and necessary connection. 

 

 

 

Ex. Merely opening a hole in the wall of a bank is not yet attempted robbery because there is no overt act evincing evincing robbery yet. At most, it’s attempted trespass.    It can be the first of a series of acts that would produce the intended crime, as long as the intended crime is established or known     Differs from preparatory acts, which are just means or measures necessary to produce the desired end.    Ex. surveillance    Ex. buying poison    Ex. conspiracy and proposal, unless the law punishes the conspiracy/proposal per se   2. But offender did not complete all acts of execution to produce the felony    Still at the “subjective phase” of the commission of  crime  – still has full control of acts, and has not completed the needed acts yet  3. Due to cause or accident other than spontaneous desistance  Is he is still in the subjective phasean d he desists   from committing the crime, is he liable?   NO. He is not liabl liable. e.    The reason for desisting need not be legal or moral. It could be rem remorse orse or fear – as long as he desists voluntarily.    But if he desists during the objective stage,





 









 

o

 

o

When does frustrated homicide/murder exist? o  It is not enough to wound the the other person. The wound inflicted must be mortal. mortal. If it is not mortal, then it is a mere attempt.  o  Even if the accused believed that he inflicted a mortal wound, but he did not, it is merely attempted, attempted, not frustrated. The nature of the wound controls, not the belief of the person.  What are crimes where no frustrated stages exist? o  1. Rape    As long as the penis enters the labia majora, it is already consummated    It is not the mere entry; the SC said that the entry must be in relation with the intent to have carnal knowledge of the woman    If it is just in the mons   pubis   – just attempted. (“Bombardment of the drawbridge, even if the troops

 

o

 

o





 

o



 

do not successfully enter the castle.” If no intent, just acts of lasciviousne lasciviousness.) ss.)  2. Sexual assault    By analogy  3. Robbery    One is liable for consummated robbery if one takes possession of the personal property of the other, however brief it may be.  4. Theft    No more frustrated theft, under same ratio: no need to have disposed of stolen property  

o

there is no exculpation  But may he be liable for any other felony already   committed apart from that desisted from?   Yes.  What are the elements of a frustrated crime? o  1. All the acts of execution needed to produce the felony are present    So in the same way, the objective stage has been reached  o  2. But it was not produced by reason of causes independent of the perpetrator’s will 

 

o



 



 

o

 

o

9

5. Adultery    Essence of the crime is sexual congress: so same principle as in rape applies   6. Felonies by omission    No attempted or frustrated stage  7. Falsification of public document    There is no attempted or frustrated falsification of public document unless the falsification is so imperfect.  8. Arson The moment burning occurs, even for a small portion   only, the offense is consummated

 

  All overt acts prior to burning: attempted stage 9. Corruption of public officials   When the offer is accepted by the public officer, then the offense is consummated   When the offer is rejected, then it is just an attempt What are formal crimes? o  Those that are always consummated because the offender cannot perform all the acts necessary to consummate the offense without consummating it.  o  Examples of formal crimes?   1. Physical injuries    Since their punishment is based on result and gravity of injury    2. Slander   The moment the words are uttered and heard by third persons, the crime is

 



 

o

 



 



 



Art. 8: conspiracy and proposal

 



 









 

consummated. Is there attempted or frustrated culpa?  o  No. What if what was charged was the frustrated stage and only the attempted crime was proved. proved. Can an accused be convicted? convicted?  o  Yes, the frustrated stage necessarily includes the attempted stage. Same with consummated crimes and attempted/frustrated stages.

Art. 7: light felonies

 



 



 



How do you categorize reckless imprudence resulting into slight PI? o  The crime of reckless imprudence is a light felony, under the last paragraph of Art. 9 of the RPC. RPC. Punishable onl only y by public censure. 

What are light felonies? o  Those lawpesos where   the penalty is arresto menor or fine notinfractions exceedingof 200 When are light felonies punishable? o  Only when they have been consummated  o  Except those against persons or property  Who are punishable for light felonies? o  Only principals and accomplices. o  Accessories are not liable because light felonies are punishable with arresto menor and accessories are penalized two degrees lower than the principal, which is non-existent in this case.

 



When is there conspiracy? o  When two or more persons come to an agreement concerning the commission of a felony and they decide to commit it.  What is proposal? o  A person who has decided to commit a felony proposes its execution to some other person or persons.   Is conspiracy or proposal a felony? o  No. Conspiracy under under article 8 is not a felony, bec because ause there is no penalty provided by law.   o  Article 8 is thus a mode of incurring criminal liability. o  Enumerate at least two felonies punished pursuant to Article 8 as a felony per se:    Conspiracy to commit treason   Conspiracy to commit rebellion o  For the above acts, the mere conspiracy is punishable. punishable. But the moment they actually  commit treason or rebellion, conspiracy loses its juridical personality and it becomes a mere mode to commit a crime. What is required to prove a conspiracy? o

Same degree of proof to establish the crime, in order to prevent finding someone guilty of a crime except proof beyond reasonable doubt. o  But it can be proved by indirect proof, such as inferences from acts of the accused before, during, and after the commission of the crime. o  These acts must indubitably point to or indicate a joint purpose, concerted action, and singular interest. What is required to be done in order to become a co-conspirator? o  Intentional participation in the transaction with a view to furthering the common design.

 

 



10

 

 

 

Except when one is a mastermind, he must perform some overt art as a direct/indirect contribution to the crime’s execution. The overt act can be active participation, moral moral assistance by being present at the scene of the crime, or exerting moral ascendancy. o  But merely being present is not sufficient to prove conspiracy; it must be shown that there is intent to provide moral support, etc. What are the two types of conspiracy?  o  1. Express conspiracy   There is prior agreement A conspirator is liable as long as he appeared in the   scene of the crime.   Except when he is the mastermind, where it doesn’t matter whether he appears or not, since he is a principal by inducement

 



This is the situation where a convict or a person escapes in connivance with another person. o  The conspiracy or connivance in connection with the crime committed here is an essential condition for the commission of said crime, in connection with Art. 223 of the RPC (Infidelity in the custody of prisoners). The penalty is prision correccio correccional nal in maximum period instead of medium and maximum period. What are the characteristics of conspiracy? o  1. Singularity of intent o  2. Unity in the execution of the unlawful objective Does Art. 8 apply to SPLs?  o  Generally, no; it does not apply to crimes defined in SPL. However, if the SPL provides that conspiracy to commit a crime under that law is a crime in itself, then it is. Ex. DDA, Sec. 26: conspiracy to commit any of those   crimes enumerated in that section is a crime by itself o

o

 



 



 

 

o

 



 



Degree of actual participation is immaterial: all conspirators adopt the acts of the others 2. Implied conspiracy   Deduced from th the e acts of the offenders. The agreement to pursue a common design and the unity of purpose is instantaneous.   It is essential that the conspirator participated in the commission of the crime. crime. Mere presence is not enough because mere presence does not prove intent to join the commission of the crime, without prior agreement.

 

o

Three kinds of special conspiracy: o  1. Wheel conspiracy  – there is one person (hub) and his underlings (stokes)   We have this. The others, not yet recog recognized. nized. o  2. Chain conspiracy  – using legitimate enterprise to distribute narcotics   Ex. drugs o  3. Enterprise conspiracy  – Racketeer Influenced and Corrupt Organizations (RICO) What is the kind of conspiracy and connivance contemplated in Article 157 (Evasion of service of sentence)? 

 



11

(“sale, importation, distribution and conspiracy to do such”)  Ex. Access device regulation, Sec. 11: conspiracy to   commit access devise fraud is a crime Ex. Anti-terrorism law: conspiracy to commit terrorism   is a crime punishable with 40 years of imprisonment If there is no provision in the SPL, Art. 8 can be considered a mode to commit that crime.   Two or more persons who conspire to commit a crime of BP 22 liable under Art. 8 of the RPC (Andan v. P)   Recall the controversial Tigoy  case re: conspiracy to

violate the Forestry Code Does Article 4, par. 1 apply to Article 8? o  Yes. Each conspirator is responsible for everything done by his confederates, which follow incidentally in the execution of the common design, as one of its probable and natural consequences even though not intended as part of the original design.  o  Conspirators are held to have intended the consequences of their act, by engaging engaging in co conspiracy. nspiracy. So, liability extends to collateral acts incident to and growing out of the conspiracy.  o  X and Y agreed to rob the victim only. But he resisted and X killed the victim. What crime did X and Y commit?

 

 

 

o

 

o

 



 



 



 



 

HELD: All the conspirators, conspirators, thus both X and Y, are guilty of robbery with homicide.  What if one of the co-conspirators (ex. robbers) prevented the others from committing the extra act of homicide or rape? HELD: He is only liable for robbery only, and not   homicide and rape. It does not matter if he succeeds in preventing them of not.   X, Y, and Z committed robbery. robbery. After they all escaped, X a car and carnapped it after.  HELD: Only he was liable for carnapping because it’s   not intended as part of the plan and is not incidental to the common design.    Conspirators are necessarily liable for the acts of another conspirator unless such act differs radically and substantively from that which they intended to

Not per se. It must be shown that he had foreknowledge foreknowledge and and participation in the plan in the first place.   What are the possible liabilities of a head of office when his subordinates are able to conspire to commit a crime? o  1. Conspiracy (if he is aware of t he design and agreed to it)   o  2. Culpa  – in this case, he is not part of the conspiracy because there can be no conspiracy by culpa  o  What is the Arias doctrine?   The head of office can rely to a reasonable extent on his subordinates and and their good faith. There has to be a special reason why he should examine acts or papers in detail. There is no negl negligence/culpa igence/culpa iiff he fails to examine an error because of the sheer amount of paperwork that passes through his hands.  o

 



Art. 9: severity of felonies 

commit.  Until when does conspiracy last? o  Conspiracy continues until the object object is attained. Conspiracy is a continuing event, unless in the meantime, they abandon the conspiracy or the conspirators are arrested.  X and Y agreed agreed to commit rob robbery bery and d decided ecided to commit it. X stabbed the victim and ran. ran. Y did not run and he was was caught. Defense: he was not guilty of the crime, because he desisted when he did not run. Is the defense tena tenable? ble? o  HELD: The mere failure or refusal to flee after the commission of the crime does not amount to a disavowal of the conspiracy.

 

There must be an overt act to disassociate oneself from the conspiracy.  Relate conspiracy with aggravating circumstances of evident premeditation and price: o  Evident premeditation premeditation only applies for express conspi conspiracies. racies. It does not apply to implied conspiracies, because these are spontaneous.  o  Price applies to the co-conspirators acting as offeror and acceptor.  Does the laxity of a public officer in investigating or prosecuting indicate that he is a co-conspirator?

 



12

Classify felonies as to severity:  o  1. Grave felonies   Capital punishment   Afflictive penalties in any of its periods (prision mayor to reclusion perpetua) o  2. Less grave felonies   Correctional penalties in their maximum period (destierro, suspension, arresto mayor, prision correccional) o  3. Light felonies   Arresto menor   Fine not exceeding P200 N.B. but in Article 26, a fine of P200 is already a   correctional penalty What is the relevance of knowing this classification? o  1. Complex crimes require grave or less grave felonies  o  2. To determine the duration of the subsidiary penalty  o  3. To determine the duration of detention in case of failure to post the bond to keep the peace  N.B. but there is no crime that requires a bond to   keep the peace  o  4. Different prescriptive periods 

 

 

o

 

o

 

5. To determine whether there is delay in the delivery of the detained persons to the judicial authority  6. Penalty for quasi-offenses (Art. 365)  



Art. 10

 



 



 



 



 



 



 



What is the relationship between RPC provisions and SPLs? o  In general, RPC provisions do not apply.  o  But the RPC is supplementary to the SPL, unless provided otherwise.  What if the penalty provided by an SPL follows RPC nomenclature? o  The RPC applies suppletorily, ex. mitigating circumstances.  R.A. 9165, amended by 9344; Dangerous Drugs Act –  “provisions of  RPC shall not apply to violations of DDA, except in the case of minor offenders”  o  Reclusion perpetua, not L.I.

 



 



Are complete self-defense and other provisions under Art. 11 (justifying circumstances) absolutory causes? o  Yes, because the accused is not deemed to have committed a crime. An absolutory cau cause se means that the accused d does oes not incur criminal liability. Is Article 12 an absolutory cause as well? o  No. There is technically a crime, al although though the person is exempt from liability. liability. The basis he here re is that the person iis s not acting with complete complete intelligence. intelligence. There is no mens rea. What are other absolutory causes?  o  1. The offender was instigated Differentiate instigation from entrapment:      In entrapment, the idea of the crime comes from the lawbreaker. Thus, this is n not ot absolutory. The peace peace officer officer is without criminal liability. o   Ex. buy-bust operations   In instigation, the idea of the crime is induced in the mind of the law lawbreaker. breaker. It is absolutory due due to public public policy. The peace officer is a principal by inducement. o  2. Spontaneous desistance in the attempted stage o  3. Attempted or frustrated light felonies, except against persons and property o  4. Accessories in light felonies o  5. Accessory relatives who help relatives escape (Art. 20) o  6. Art. 247 – death under exceptional circumstances 

o   Penalty may be reduced by 1 or 2 degrees under Art. 63 What does the Anti-hazing law provide as re: praeter intentionem?  o  Sec. 4 provides that praeter intentionem does not apply as a mitigating circumstance for violation of Anti-Hazing law o  The law also enumerates who will be deemed principals, etc. What does the anti-terrorism law provide as re: the relationship of its penal provisions and RPC provisions?  o  Conviction of a person under said law constitutes a bar to the prosecution of that person under the RPC or another SPL for the predicate crime What does R.A. 7610 – Child abuse law, Sec. 10 provide?  o  Where victim murder, intentional mutiliatio n, or SPI is the under 12ofyears old,homicide, the penalty shall mutiliation, be reclusion perpetua VAWC: If the offender commits act of physical violence and there is intent to kill, what is the punishment? o  Crime is NOT violation of physical violence provision under VAWC but attempted, frustrated, or consummated parricide, homicide, or intentional mutilation



o

  7. Certain relatives in estafa, theft, malicious mischief   8. Somnambulism Somnambulism o  9. Mistake of fact ( Achong) o  10. Repeal of penal law, whether absolute or modification What is the nature of self-defense? o  Self-defense is an act to save life; thus, it is an act, not a crime. o  There is no such thing as accidental self-defense because it contemplates intent by the defending party. What does self-defense include? o  Defense of body and limb o  Rights as person, including honor o  Property and liberty o

 



 

CIRCUMSTANCES AFFECTING LIABILITY 



Art. 11: justifying circumstances

13

 

 



 



 



 





 

 



 



 



 

If the accused in arraignment pleads self-defense, is he making a judicial confession? o  It is NOT a judicial confession, but just a judicial admission. He does not admit penal liability. liability. He is merely admitted that he killed the victim.  If the accused admitted killing the victim and pleads self-defense, is the burden of proof shifted to accused? o  No. The burden of of proof never shifts; only the burden of of evidence shifts. shifts. (Although Boado Boado seems to have have mixed up these terms because she says that the burden of proof shifts.)  What are the requisites of self-defense? o  1. Unlawful aggression o  2. Reasonable means necessary to repel it o  3. Lack of sufficient provocation by the defender What is ABSOLUTELY necessary out of these?  o  Unlawful aggression. aggression. Without it, even ifif the two others are present, there can be no complete or incomplete self-defense.   If it is unlawful aggression aggression alone, then it is an ordinary mitigating circumstance.   If it is unlawful aggression plus one other, then it is a privileged mitigating circumstance. o  What is the nature of needed unlawful aggression?    It must continue up until the act of self-defense, because once it ceases, the offender can no longer invoke self-defense.   If there is no more unlawful aggression, the “self defense” is just mere retaliation and thus invalid.

The nature of wounds belies a claim of self-defense because it shows a determined effort to kill the victim, and not mere selfdefense.  Compare P v. Jaurige and P v. De la Cruz as re: reasonable means:  o  BOTH cases involved defense of honor. o  Jaurige: mere touching touching of thig thigh, h, in church, iin n daylight. She killed him w with ith fan knife. No s self-defense elf-defense appreciated. appreciated. The means used were not reasonable. o  De la Cruz: groped in dark alley. Killed with knife. Allowed to exercise self-defense. o  THUS, whether means are necessary is case-to-case. What do you consider?  o    1. Whether the aggressor was armed   2. The nature and quality of weapon used   3. Physical conditions and sizes of the parties involved o

 





 

 



 



What if the other two are missing?  o  There is incomplete self-defense and thus it is just a mitigating circumstance, not justifying. How is unlawful aggression defined? o   Actual peril to one’s life, or  merely a threat, but real and imminent. Is slapping unlawful aggression? o  Yes. It is unlawful ag aggression gression again against st his honor. The face of a person is akin to his dignity, honor, etc.   What is the effect of presence of multiple wounds on the victim in a claim of self-defense?

What is the ―rational equivalence‖ rule in reasonable necessity?  o  The law does not demand material commensurability between the means of attack and defense. defense. So this doctrine co considers nsiders the nature of imminent imminent danger, and in instinctual stinctual action actions. s. Note that a person in peril will not act as rationally as normally expected. What is the rule when a person is attacked?  o  Not anymore “retreat to the wall”; now, it is: “S tand your ground when in the right.”  If two people agree to fight, is there valid claim of self-defense?  o  No, because there there is an agreement. agreement. There is no u unlawful nlawful

aggression. What is the exception?   When they agreed to fight, but one attacked ahead of the agreed time.  What is the extent of defense of property rights? o  May use such force as reasonably necessary  to prevent or repel the unlawful physical physical invasion of his prop property. erty. This does not seem to involve the taking of human life. o  Dissent of P v. Narvaez: in order to defend against the person, there must be aggression not just against property rights but also against the person of the owner.

 

o

 



14

 

 

 

Correlate this with Art. 429 of the Civil code, or the doctrine of self-help. When is there sufficient provocation? o  Provocation is sufficient if it is sufficient to incite the person to attack.  Is Art. 247 an absolutory cause? o  Yes. Because the only imposed “penalty” is destierro destierro.. And that this is more of protection for the one who killed.   o  NOTE: differentiate Art. 247 from cases where Self-defense under Art. 11 applies, even if the situation is the same (catching spouse in sexual congress)  Ex. Husband caught wife in sexual congress. The   wife, caught, wanted to kill him, so he took the knife and killed his wife.   The accused arrived and saw his wife in the act of sexual intercourse. The paramo paramour ur ran and the wife dress dressed ed up. Gonzales

 



 



 



 



 



went out. When he got back, back, he heard ru rustling stling leaves. He saw the paramour and the wife, who was putting on her panties. He stabbed his wife. Can the husband inv invoke oke 247? (P v. Gonzales)  o  HELD: You cannot invoke 247 because at that time, she was already putting on her panties, not in actual sexual intercourse. (P v. Gonzales)  o  DISSENT: follow this  – You are unfairly punishing him if we strictly apply the law. law. But what can you deduce from the fact that she was wearing wearing her panties panties from a naked state. It is asking too much to actually catch them in the act of actual sexual congress. 

 

 



 



Yes. Recall Art. 10: how RPC provisions apply suppletorily, unless provided otherwise.  o  Under RA 9262 (VAWC), Art 47: “RPC provisions supplement the VAWC law.”  o  The VAWC law even uses RPC terms for penalties:     SPI: P.M.; LSPI: P.C., Slight PI: A.M.  What are the circumstances in P v. Genosa? o  The SC recognized recognized the Battered Woman Syndrome. Syndrome. But there was no RA 9262 then yet so it’s still not an absolutory cause.  o  The SC did not appreciate ordinary self-defense because the threat to the woman’s woman’s life has already already ceased. There was no more unlawful aggression.  o  But the SC appreciated the following mitigating circumstance circumstances: s:    1. Passion and obfuscation    2. Diminished will power  What is the Battered Woman Defense under RA 9262? o

o

The Battered Woman Syndrome (BWS) is a justifying circumstance, notwithstanding absence of any requisites of self-defense.  o  The woman incurs neither criminal nor civil liability.  o  The defense is separate from and independent from selfdefense.  Who is a battered woman? o  One repeatedly subjected to forceful physical or psychological behavior by a man with whom she has an intimate relationship with in order to coerce her to do something he wants.  o  The cycle has to happen at least twice: 1. Tension-building

 

o

 



Can one invoke Article 11 in Article 247 cases? o  Suggestion: Husband also has rig right ht to invoke his honor and defend it, so Art. 11 can be invoked by the one discovering the sexual congress. He can also invoke 247, obvi obviously. ously.  o  Prefer 11 over 247, because the latter results results in destierro. It is not a penalty, but a limitation of his liberty.  Can you invoke Art. 247 if there is mistake of fact? o  Yes. Apply the  Achong doctrine by analogy.  Example: The husband saw movement of buttocks, but the o  paramour’s penis hasn’t entered his spouse’s vagina yet .  Are the RPC provisions applicable to VAWC?

 



 



15

phase, 2. Acute battering incident, 3. Tranquil, loving phase.  What are the characteristics of the BWS? o  1. The woman believes the violence was her fault   o  2. inability to place responsibility responsibility for the violence elsewhere o  3. She fears for her and her children’s lives  o  4. Irrational belief that offender is omnipresent and omniscient What are the requisites of defense of relative?  o  1. Unlawful aggression o  2. Reasonable necessity of the means employed to prevent or repel it o  3. In case of provocation given by the person attacked, the defender must have had no part therein

 

 

Who are the relatives under this provision?    Spouse, ascendants, descendants, legitimate, natural, and adopted siblings, or relatives by affinity within the same degrees   Relatives by consanguinity until the fourth degree   Anyone beyond this enumeration: defense of stranger What are the requisites of defense of strangers?  o  1. Unlawful aggression o  2. Reasonable necessity of the means employed to prevent or repel it o  3. Person defending is not motivated by revenge, resentment, or other evil motives What are the requisites of state of necessity as a justifying circumstance (Art. 11, par. 4)? o  1. The evil sought to be avoided actually exists o  2. The injury feared is greater than t hat done to avoid it o   3. There is no other practical and less harmful means to prevent it o  What if the party invoking state of necessity is responsible for the peril?   Cannot invoke this defense.  o  What is the injury contemplated under requisite number 2?   This is a broad broad concept. It can be against against property, liberty, etc. What is the rule on civil liability for acts in the state of necessity?  o  Those who were benefited by the act performed are liable to o

 



 



 



 



 



 



 



policemen, seeing X lying on the ground, shot him further on the forehead. Can Y invoke performan performance ce of duty?   No. The act act performed was unreasonable unreasonable and excessive.  Can a policeman invoke SD and performance of duty at the same time? o  Yes.  o  An example is when a policeman saw one person about to shoot another. another. The pol policeman iceman g gave ave a warning and the offender pointed the gun at the policeman. The polic policeman eman shot the offender. offender. He was both defendi defending ng himse himself lf and performing his duty in preventing the other person from being shot.  What are the requisites of obedience to superior order? o  1. An order has been issued by a superior.  o  2. The order is for a legal purpose 

   

o o

3. The means used to carry out the order were lawful  What if the order is illegal?   Cannot follow the order unless it is apparently legal and the subordinate did not know it was actually illegal. 

Art. 12: exempting circumstances

 



those to whom injury is caused. caused. Note that this is a purel purely y civil liability and does not arise from criminal liability. What are the requisites of lawful exercise of right or duty (Article 11, par. 5)?  o  1. Act out of duty or office o  2. Injury caused is the consequence of the performance of that duty or right What is the limitation on the performance of duties?  o  It must be exercised neither capriciously nor oppressively, and within reasonable limits. limits. There must act with sound discretion. discretion. o  X was a deranged man who was already incapacitated by the police from doing doing further harm. Y, one of the

 



 



16

What are the exempting circumstanc circumstances? es? o  1. Imbecility or insanity  o  2. Minority  o  3. Accident  o  4. Compulsion of irresistible force   o  5. Impulse of uncontrollabl uncontrollable e fear   o  6. Insuperable or lawful cause   What are the characteristics of exempting circumstances? o  The act is criminal, but the criminal is exempt from criminal Liability  o  But there is civil liability  o  The emphasis is the actor, not the act  What is insanity? o  There is a complete deprivation of intelligence in committing the act, and so there is complete absence of ability to discern. 

 

 

 

Not mere abnormality of mental faculties or mere frenzy due to anger.  When should insanity exist? o  In the period immediately before or at the precise moment of doing the act.  o  His mental condition after doing the act is inconsequential.  o  Note that there is a presumption of sanity and it must be disproved beyond reasonable doubt.  What does it indicate when the actor surrendered to the police after committing the crime? o  There is discernment because remorse is inconsistent with insanity  What if the insanity occurs after the commission of the crime? o  Refer to Art. 79, which provides that one who becomes insane or imbecile after final sentence will have the sentence suspended as to the personal penalty. He will only be sentenced when reason is regained.  What if there is no complete impairment or loss of intelligence, and just a partial one? o  It is just a mitigating circumstance: illness that would diminish exercise of will-power without depriving consciousness of his acts  o  A common example is schizophrenia: there is no complete deprivation of intelligence, but there is difficulty distinguishing fantasy from reality  How is mental condition of an accused determined in trial? o  The judge must order the examination of the accused by a

 



 



 



 



 



 



 



Age over 15 and under 18 = criminally liable only where there is discernment    No liability liability if there is lack of discernment discernment.. Also subject to intervention program.    Liable if there is discernment. discernment. However, he will un under der a diversion program.  o  Is the minor over 15 but below 18 acting with discernment still entitled to the privileged mitigating circumstance under Article 68(2)?   Yes. RA 9344 did not ch change ange this.  What are the diversion programs for those over 15 but below 18 acting with discernment? o  Note: these are without going through court proceedings  o  1. When the penalty of the crime is not over 6 years:    Crimes with victims:    Diversion program before law enforcement o

o

 





officer or punong barangay   Involves mediation, family conferencing, conciliation with child and parents/guardians   Crimes without victims:   Diversion program before the local DSWD officer, with child and parents/guardians 2. When the penalty of the crime exceeds 6 years:   Diversion is before courts   In case the penalty is not more than 12 years or just a fine, the court can determine whether diversion is appropriate or not

 





 

o

o

medical expert. The judge cannot cannot do it alone, because he is not an expert on this matter.  Under RA 9344, how are minors classified? o  Children at risk are those vulnerable to and at the risk of committing criminal offenses due to personal, familial, and social circumstances.  o  Children in conflict with the law are those accused of or adjudged as having committed criminal offenses.  What are the benevolent features of RA 9344? o  Age 15 and below = age of absolute irresponsibility irresponsibility    Exempt from criminal liability    Subject to intervention program 

3. If the offense does not fall under any of the above or the child or parents/guardian does not consent to diversion, the one handling the case forwards the records to the prosecutor or court within 3 days  – and then the case is filed according to regular process Can a child be detained pending trial?  o  Yes, but only as a last resort and only for the shortest possible period of time. The authorities authorities can resort to alternative measures such as close supervision, intensive care, or placement with a family/educationa family/educationall setting. What is the rule on automatic suspension of sentence? 

 

 



 



17

 

 

o

 

o

 

o

 

o

 



 



 



 

Children below 18 at the time of commission of the crime found guilty of the offense are placed under suspended sentence without need of application. application. The court then determines determines and imposes the appropriate disposition measures afterwards. What if the then-child is over 18 years old upon the pronouncement pronounceme nt of guilt?   It doesn’t matter; there is still suspended sentence. What if the child reaches 18 while under suspended sentence?    The court determines whether to:   1. Discharge the child   2. Order execution of sentence   3. Extend suspended sentence for a certain period, or until he reaches the maximum age of 21 What if the child undergoes period of actual detention or commitment? 



 



  It will be credited in full. What is the provision on probation?  o  Upon application at any time, the court can place the child on probation in lieu lieu of service of sentence. sentence. (This amended the the Probation Law) What is a status offense and how is it treated under the law?  o  Any conduct which is not an offense when committed by an adult will not be considered an offense and is thus not punished if committed by a child. o  Ex. curfew laws Did Ra 9344 retroact?

 



o

 

1. Care, guidance, and supervision orders   2. Drug and alcohol rehab    3. Participation in group counseling and the like    4. Commitment to youth rehab center of DSWD/other centers  When there is doubt if the person is a minor or not, what is the appropriate proceeding? o  There is presumption of minority. o  File for summary proceeding in Family Court. What if the minor was alleged as a co-conspirator?  o  The presumption of acting without discernment still applies.    

Yes, it retroacted to pending cases and those minors already convicted. Under 9344, the minor is still exempt from specific offenses even if he or she acted with with discernment. What are these? o  1. Vagrancy  o  2. Prostitution  o  3. Mendicancy  o  4. Sniffing rugby  o  What happens?   These persons would undergo appropriate counseling and treatment program. 

 



When is a child in conflict with the law subject to preliminary investigation and filing of information? o  1. Child does not qualify for diversion  o  2. Child or parents/guardians do not agree to diversion  o  3. Prosecutor determines that diversion is not appropriate for the child, considering assessment/recommendation of the social worker  Who are the minors disqualified from suspension of sentence? o  1. One who once enjoyed suspension of sentence already  o  2. Convicted for offense punishable by death or life imprisonment    Note: “punishable” need not be “actually punished” especially since the death penalty has been abolished  o  What was the ground under PD 603 that was repealed by RA 9344?   When the child is already 18 upon promulgation of sentence. This is impliedly repealed repealed by the provision stating that under RA9344, the age of commission of the crime is the determination of suspension of sentence, and not the age during promulgation of the  judgment.  After suspension of sentence, what is the disposition order? o  After sentence, the court sets disposition conference within 15 days from promulgation    Minor, parents/guardian, and social worker are present  Can issue: o 

 



 



18

 

 

 

Evidence of conspiracy does not automatically mean the minor acted with discernment in the commission of the crime. May the presumption still apply even if the allegation was reckless imprudence under Art. 365?  o  Yes. (Jarco Marketin Marketing g case) What is the definition of discernment?  o  When the minor is able to distinguish whether his act is moral or licit or not.. o  The utterances of a minor and overt acts preceding crime, and nature of weapon is evidence of discernment.  S.C. AM 02-1-18: o  If the minor committed a crime and the time the law took effect, he was already 21, can he enjoy the benefit of suspension of sentence If a minor is charged with a heinous crime punishable by death or RP-death, is he entitled to suspension of conviction? o   Yes. Ubi lex non distinguit, nec non distinguire debemos.  What are the requisites of accident?  o  1. performing lawful act with due care o  2. causes injury to another o  3. without intent or negligence What if there is negligence? o  Article 365 applies: quasi-crime of reckless imprudence  o  Accident and negligence are mutually exclusive.  o  What is the difference between accident and negligence?   Accident  – without fault of the human being. Cannot be anticipated.  o

 



 



 



 



 



 



 



 



Art. 13: mitigating circumstances

 



 

 



Thus, the fear must not be speculative, fanciful, or imagined What are the elements of uncontrollable fear?  o  1. Threat which caused the fear of an evil greater than or equal to the act accused was required to commit o  2. The evil promised was of such gravity and imminence that an ordinary man would succumb to it o  Ex. X is a hostage who decapitated his fellow hostage Y because their captors threatened to kill X. What is an insuperable cause?  o  It applies to felonies by omission – where the failure to do so is due to a lawful or insuperable cause cause.. o  A common example is failure to comply with art. 125 of the number of hours when a person arrested must be delivered to  judicial authorities, when there is a long holiday or the judicial offices are not open, or there is a calamity/accident that met them.

Negligence  – when there is some degree of fault in the person  o  NOTE: Under Art. 365, the court will not consider Art. 13 and 14 in imposing the penalty because this crime is NOT intentional. What are the elements of irresistible force?  o  1. Force is physical and must come from an outside source o  2. The accused acts not only without a will but even against his will, reduced to a mere instrument o  3. The duress, force, fear, or intimidation present is imminent and impending, as to induce well-grounded fear of death or

 



serious bodily injury

19

What are the mitigating circumstances? o  1. Incomplete justifying and exempting circumstances  o  2. Under 18 or over 70    Correlate with RA 9344  o  3. Praeter intentionem  o  4. Sufficient provocation or threat by the offended party preceded the act  o  5. Proximate vindication of grave offense   o  6. Passion or obfuscation o  7. Voluntary surrender   or voluntary confession prior to prosecution’s presentation of evidence  o  8. Physical defect restricts means of action, defense, communication  o  9. Illness diminishes will-power without complete deprivation of consciousness  o  10. Analogous circumstances    No similar provision for aggravating circumstances  If the criminal is 80 years, is there a miti gating circumstance circumstance? ? o  P v. Austria 27 June 2000  – the accused was charged with rape. He was already 83 years old. His defense was erectile

 

 



 



 

dysfunction. He was convicted, but the SC applied the old age as a mitigating mitigating circumstance. So far, this is the only ca case se where this case was applied.  Must mitigating circumstances be alleged in the information? o    How are No. mitigating circumstances classified? o  1. Ordinary – enumerated in Art. 13 and some SPLs     If there is one, penalty lowered to minimum period    If there are two or more ordinary mitigating circumstances, the penalty is lowered by one degree    Can be offset by generic aggravating circumstances    Not considered when the penalty is a single indivisib indivisible le penalty (i.e. only RP now)  o  2. Privileged    Lowers imposable penalty by one or more degrees   Cannot be offset by any aggravating circumstance   Even if the penalty is single and indivisible, it is imposed o  3. Specific – applies to specific felonies   Ex. concealment of dishonor in case of abortion by pregnant woman

Ordinary Lower period

to

minimum

Privileged

Specific

Lower by one or more degree

To specific only



Cannot be offset by ACs

Cannot be imposed on indivisible penalties

Can be imposed on indivisible penalties

 



required elements   Privileged if there  is majority, but not all, of required elements  What is the nature of minority as a mitigating circumstance? o  It is always a privileged mitigating circumstance  o  It applies to those over 15 but below 18 who acted with discernment  reduce the penalty to the next lower penalty, in the proper period  When can praeter intentionem not be invoked? o  RA 8049  – lack of intent to commit so grave a wrong as committed CANNOT be invoked by accused in hazing incidents.  Can lack of intent to commit so grave a wrong as that committed be invoked in malversation? o  YES. Ex. The petitioner was was a municipal treasurer, a and nd the audit team discovered discovered he was short P72000 of funds. After a few months, he returned the money he “borrowed.”   o  Note: the SC also applied a mitigating circumstance analogous to voluntary surrender in this case.   What other rule must be taken into account vis-à-vis praeter intentionem? o  Art. 4(1)  – presumption that person intends all the natural and logical consequences of his felony.  o  How to resolve: the means employed and the result must be o

 



 



 



 



felonies

If 2 or more, lower by one or more degree Can be offset by ACs

When is incomplete justifying or exempting circumstance an ordinary mitigating circu circumstance? mstance? When is it a privileged privileged mitigating circumstance? o  Ordinary if there is only one element or there is no majority of

In incomplete justifying and exempting circumstances, what are the requisites that must always be present?  o  1. For self-defense, unlawful aggression o  2. For accident, due care and lack of fault

 



so disparate that the result is not the logical and natural consequence of the means   o  Ex. X used a lead pipe to hit victim on the eyebrow, and the victim died. SC refused to apply the mitigati mitigating ng circumstance of lack of intent to commit so grave a wrong as that committed.   o  P v. Pugay: (gasoline burning case) SC also applied Art. 13(3), because the intent was less than the material act committed.   What if two persons conspire to commit a felony, and one intended to commit the grave wrong as that committed, while the other did not? o  The conspirator who did not intend to commit so grave a wrong as that committed cannot invoke the mitigating circumstance. 

20

 

 

 

BUT if both of them did not intend to commit so grave a wrong as that committed, then both can invoke the mitigating circumstance.  Can both treachery and Art 13(3) be invoked together? o  Yes. Treachery refers to the manner or to method usedoftomind kill the victim, while praeter intentionem refers the state of the person. They may co-ex co-exist. ist.  Can praeter intentionem be invoked for culpable felonies? o  No. Obviously “intentionem” “intentionem” requir requires es intent in the first pla place, ce,  just that the intent did not match match the result.  What are the elements of sufficient provocation? o  1. Sufficient    Merely shouting at the accused and asking the latter to leave is NOT proportionate to the latter killing the former.    Need not constitute unlawful aggression under Art. 11; the threshold here is lower.     Need not be put in words; can be in action.    Ex. entering another’s property and then starting to gather the latter’s crops.  o  2. Immediately preceding the commission of the crime  This actually means “immediate,” not like grave   vindication which just requires proximity   o  3. Originate from the offended party If provocation and passion/obfuscation are based on the same facts, is the accused entitled to two separate mitigating circumstances or only one? o

 



 



 



 



 

 



o

Only one. The accused is on only ly entitled to only one one mitigating circumstance, because both are based on the same facts.   o  Same rule between vindication of grave offense and sufficient provocation.  What is ―immediate‖ in ―immediate vindication of grave offense‖?  o  Proximity. It need not immediately p precede recede the act, but there must be no lapse of sufficient time.   How sufficient is sufficient time? o    If there was only a gap of 30 minutes, still okay.   P v. Palabrica: 1 day lapse is not okay.      P v. Ignas: only said “hours” – still okay. 

 

 



 



The SC said that it was. Even if three days lapsed, the act of elopement was deemed continuous, and the effect was still there. o  NOTE: This case case may be a product of its time. Now, this situation is pretty ordinary already. So this c case ase may be archaic already. What is necessary for passion or obfuscation to be considered?  o  It must arise from lawful sentiments of the accuse accused. d. The offended party must have done an act unlawful and sufficient to excite passion or obfuscation o  It must not come from lawlessness or revenge, or an

 

o





“Grave offense” in this provision is different from grave offense under Art. 9. Grave offense under this provis provision ion might n not ot even be a felony at all. It usually is an assault to honor.  o  When is an offense grave?   1. Determine social standing of parties    2. Determine place and time and occasion when offense committed  o  Grave offense even includes an insult     “You are living at the expense of your wife!” –  appreciated as grave offense  o  In a case, hitting someone with a bamboo stick is not a grave offense.  that at time, it was really X’s son eloped with Y’s daughter. At th deemed a dishonor. dishonor. Y looked for his dau daughter ghter for three days . Y sought revenge against X’s son and killed him. Is this vindication of grave offense? (P v. Diokno)  o

 



What is ―grave offense‖? 

21

illegitimate relationship   Bello: EXCEPTION. He lived with common law wife for 10 years. years. Bello supported supported her for 10 years. After, the common law wife wanted out, and wanted to live with another man. Bello killed her. “Eh wala ka namang ibubuga talaga eh.” SC HELD: Passion and obfuscation. Although the relationship was illegitimate, nevertheless, nevertheless, the victim was ungrateful. How much lapse of time is allowed for passion and obfuscation to be appreciated?

 

 

 

P v. Ventura: Although passion and obfuscation may arise from  jealousy, since there was a lapse of 1 week, accused was expected to recover his equanimity. Can vindication of grave offense co-exist with passion or

 



 



 



 



 



 



 



 



Yes. They are two separate and dis distinct tinct circumstance circumstances s not arising from the same facts. The offended party is entitled entitled to two mitigating circumstances. What is the character of the plea of guilty? o  It must charged. be unconditional and the accused must admit to the   offense What is relevant for the mitigating circumstance of physical defects and illness? o  The defect or illness must relate to the offense charged, because the defect must have restricted his means of action, defense, or communication with his fellow human beings.  o  Ex. rape committed by a deaf and dumb man on the girl of his dreams to whom he cannot convey his feelings to   o  But not when it was committed by a man with a severed left hand, because it does not limit his means of action, defense, or communication  What is necessary for illness that diminishes willpower of the accused? o  It must only diminish and not deprive the offender of the consciousness of his acts; otherwise, it is an exempting circumstance What are NOT examples of analogous mitigating circumstances? circumstances? o  1. Being part of a minority group  o  2. Extreme poverty  o  3. Abberatio ictus  o  4. Mistake in identitiy  What are some examples of analogous mitigating circumstance circumstances? s? o

o

 



obfuscation? o  No.   If they arise arise from the same facts, o only nly one will be appreciated. Can treachery co-exist with passion or obfuscation? o  No. Treachery CANNOT co-exist with passion and obfuscation. When a person acts with pas passion sion or obfuscation obfuscation,, he loses his reason and self-control, which is inconsistent with treachery, because one who acts with treachery presupposes that he adopted a mode of attack of killing the victim. o  Contra: treachery can co-exist with praeter intentionem What are the elements of voluntary surrender?  o  1. Offender surrendered to a person in authority or his agent o  2. Offender surrendered before arrest is effected o  3. Surrender is voluntary, i.e., spontaneous and coming from intent to acknowledge guilt and save time/resources of authorities o  4. No pending warrant of arrest or information filed What is the most important element of voluntary surrende surrender? r?  o  The spontaneity of such and intent to give up and unconditionally unconditional ly surrender to authorities. How has this provision been applied by analogy by the SC? o  Navalos v. P: Before being charged of malersation, the accused returned the amount, he was deemed to have

 



 



 



 



o

“voluntarily surrendered” – analogous. The return of the money must be spontaneous. What are the requisites of voluntary plea of guilt? o  1. Made in open court   o  2. Spontaneous and unconditional  o  3. Prior to presentation of evidence by the prosecution  Does this i nclude extra-judicial confessions? o  No. May voluntary plea of guilt and voluntary surrender both be considered in one case? 

 

 

o

1. Mitigated mental capacity of a battered woman (decided preRA 9262)  2. Voluntary return of stolen goods

Art. 14: aggravating circumstance circumstances s

 



22

What are the aggravating circumstances?  o  1. Advantage of public position o  2. In contempt of or with insult to public authorities o  3. With insult or disregard o off rank, age, or sex, or in the dwelling of the offended party, if the latter did not provoke o  4. Abuse of confidence or obvious ungratefulness

 

 

o

   

o

 

5. Committed in the palace of the Chief Executive, or in his presence, or where public authorities are discharging their duties, or in a place of religious worship 6. Nighttime, or in an uninhabited place, or by a band

No, it’s not enumerated under law as such. It’s an anomalous situation, but doubt is resolved in favor of the accused. P v. Hipol: The malversed amount was so huge, that 

 

o

 

o

    o  o  o

o

   

o o

7. Committed during a conflagration, shipwreck, earthquake, epidemic, or calamity 8. With aid of armed men or persons who insure/afford impunity 9. Recidivism 10. Reiteracion 11. Price, reward, or promise 12. By means of inundation, fire, poison, explosion, stranding of a vessel, derailment of locomotive, use of any artifice involving waste and ruin 13. Evident premeditation 14. Craft, fraud, or disguise

 

o

15. Superior strength or means employed to weaken the defense o  16. Treachery o  17. Ignominy o  18. Committed after unlawful entry o  19. Committed after breaking through a wall, roof, floor, door, or window o  20. With aid of persons under 15 years old, or motor vehicles o  21. Cruelty Compare with mitigating circumstances:  o  This list is exclusive, whereas in mitigating circumstances,

 

o

 







there are analogous circumstances allowed Aggravating circumstances must be alleged in the information, mitigating circumstances need not (since the y’re matters of  defense) What are the types of aggravating circumstances?  o  1. Generic aggravating   Apply generally to all crimes   Can be offset by ordinary mitigating circumstances   Increases penalty to maximum period Are additional rapes or killing in the case of   robbery with rape or robbery with homicide, for instances, aggravating? 

 

 

circumstance. How many circumstances are needed to qualify an offense?   Just one. The rest become generic aggravating circumstances. 3. Special or specific aggravating circumstances   Apply to specific felonies; found outside Art. 14 4. Inherent circumstances   Those already integral to the crime and thus cannot aggravate the penalty   Ex. In the crime of falsification of document by public  

o



the Sol. Gen said and that must the crime was already economic sabotage be considered an aggravating circumstance. SC: There is no such aggravating circumstance circumstance as economic sabo sabotage. tage. No matter how huge the amount is, it is not aggravating 2. Qualifying circumstances   Cannot be offset by any mitigating circumstance Changes nature of crime     Must be alleged in the Information as such new offense   No need to increase the penalty because the change in the crime itself has changed the penalty as well to a higher one Can qualifying circumstances not alleged in the   information but proved in trial be appreciated as generic aggravating circumstances?    No, due to the amendment in Criminal Procedure X was charged with homicide with the generic   aggravating circumstance of treachery treachery.. Can the trial court find him liable for murder?    No, treachery was alleged as a general aggravating and not a qualifying



 

o

 

o

authority, then “abuse of public position” is deemed

23

 

 



 



 

inherent. Same with with malversation and other crime crimes s by public officers. What is the special aggravating circumstance introduced by RA 7659?  o   – person Committedpenalty by anif the organized/syndicated group impose maximum offense was committed by any belonging to an organized or syndicated crime group (2 or more persons collaborating or mutually helping one another for purposes of gain in the commission of the crime) What are the special aggravating circumstances introduced by RA 8353, Article 266-B?  See crimes against persons: ex. victim is under 18 and rapist is o  relative, gave victim AIDS, committed by AFP/PNP, etc. 

 



 



Art. 14(1) – advantage of public position

 





When the public official uses the influence, prestige, and ascendancy of his office to realize the purpose. o  Tests under case law:    1. Offense is in relation to his office   2. He cannot commit the offense without holding such public office o  Ex. jail guard who was able to use his position to kill an inmate When does advantage of public position not apply?  o  Does not apply if the public position is a constituent element of the crime;  o  Examples:   Crimes committed by public officers   Inherent in the crime of falsification by a public officer of a public document If the public officer could have committed the crime anyway without the use of public position, it is not aggravating. o  P v. Tabeon: If the accused given a gun by the government by virtue of his position uses that gun to commit homicide, the use of that gun is an aggravating circumstance. circumstance. He could not have used that gun unless he was a public officer. o  But see P v. Villamor: Where Villamor used a gun officially issued to him by virtue of office  – use of that gun was not an abuse of public position. position. This is contrary to Tabeon.

 

 

 

 



the The police manDid driving d did id not saycircum a anything. nything. were heldgirl. liable forpoliceman robbery. the aggravating circumstance stanceBoth of taking advantage of public position apply even to the driver of the car? o  Yes. He could have prevented the other pol policeman iceman from robbing the siblings. siblings. But he did no not. t. This was abuse of public position.  Is this a generic or special aggravating circumstance circumstance? ? o  The use of one’s public position in the commission of a crime is a special aggravating circumstance. (RA 7659, Sec. 23)  o  Thus, it cannot be offset by generic mitigating circumstances.

Art 14(2) – with contempt of or in insult of public authority

When is this present?  o



N.B. The later decision is Villamor, but Justice Callejo agrees with Tabeon. Follow Villamor, amor, though, Two policemen were in the police car. They stopped and ordered a girl to enter the car. One policeman s stole tole the watch and wa wallet llet of o

 



 



 



24

What are the requisites of contempt/insult of public authority? o  1. crime committed o  2. person in authority engaged in exercise of public position o  3. offender knew he was a person in authority o  4. victim is NOT a person in authority A barangay captain was p playing laying cards with some peop people. le. The accused shot him. Does this provision apply?  o  No. First, the person in in authority must NOT NOT be the victim per  se, and second, he was not performing his duty at that time. He was playing cards. o  What if the crime was committed against the person in authority?    Then it is direct assault. This aggravating circumstance does not apply. What if the crime was only committed in the presence of an agent of a person in authority? o  This provision does not apply. o  Ex. If in the presence of a policeman, not aggravating because the policeman is only an agent of a person in authority. Supposing a crime is committed in the presence of a professor while the latter was performing his duty? o  This is not aggravated. A teacher or professor is only a person person in authority under Art. 148 and 152 of the RPC (direct assault). 

 

 

Is there an exception? o  RA 9165  – a teacher or professor is a person in authority for the purpose of enforcement of the DDA.  o  If you smoke marijuana in the presence of a professor, the

 

professor is a person in authority.   the inmates feel bored and In the national penitentiary, sometimes they kill each other. Is this aggravating aggravating? ? o  Yes. Where the inmates killed another in the National Penitentiary, this was in contempt of public authority. 





 

A 20-year-old man raped raped an 80-year-old wo woman. man. The victim was the teacher of the accused accused in grad grade e 1. Key fact:v i c t i m w a s a l r e a d y   retired!    Does insult to rank apply?  o  Yes. The Fact that the offended party party was already retired did

 

diminish thecrimes respectagainst due herproperty? rank as his former teacher. Do thesenot this apply to   o  No. Not aggravating in crimes against pro property. perty. Examples of where insult to rank, age, sex does not apply: o    Robbery   Robbery with homicide  – since here, the homicide was merely an incident to robbery   [NOTE: the Escote doctrine applies to treachery, not here.] Is insult to rank, age, sex absorbed by treachery treachery? ?  o  No. The aggravating circumstances of age and sex cannot be absorbed by treachery. Treachery pertains pertains to manner of commission. Insult to age, rank, sex refers to relationship. relationship. o  Ex. The accused accused murdered a child 3 days old. The SC appreciated the A.C. of age in convicting the accused of murder. Also treach treacherous erous since the child cannot defend defend himself. But see P v. Malolot: Accused hacked to death an 11 month o  old child. SC HELD: HELD: A.C. of age of victim DOES DOES NOT apply, because it was absorbed absorbed by treachery. (Justice Callejo Callejo does not agree with with this case. But Malol Malolot ot might be prevailing, prevailing, being the newer case).





Art. 14(3a) – insult to age, rank, sex

 



 



What is required for this aggravating circumstance to apply?  o  There must be deliberate intent to insult or show manifest disregard for the age, rank, sex. Not merely because because the victim is a female or has a rank, this A.C. applies. Can this coincide with passion and obfuscation? 

 



No, because the offender must have deliberately intended to offend or insult the offended. The accused was conversing with the barangay captain and the former killed the latter. May the A.C. of ―rank‖ ―rank‖ apply? o  No. The mere fact that victim victim was a person with a rank, such as barangay captain does not necessarily mean it’s aggravating, absent evidence that the killing was deliberately intended to disregard or insult or threaten to insult the rank of  the victim. What are further consideratio considerations ns for circumstance of rank?  o  The charge must not include include rank as an el element. ement. If the

 

o

 



 



 



Art 14(3b) – dwelling

accused was charged with complex crime of direct assault of PIA with murder  – then the AC cannot be appreciated because it is inherent. o  If the charge was just murder, then the AC applies. When is the A.C. of ―sex‖ not applicable? o  1. If the accused acted with passion or obfuscation, o  2. when there is an amorous relationship between the accused and the victim, o  3. When there is a relationship of employer-employ employer-employee, ee, o  4. When the sex of the victim is inherent in the crime,

 



25

Does dwelling apply when both parties live in the same house? o  Generally, it is not aggravating.  Victim was stay-in laundrywoman, but it was not her o  house. The killer was the hou houseboy, seboy, who also lived that house. The laundrywoman had her personal room, and the houseboy had had his as well. Is dwelling aggravating? aggravating?   Yes. Although the offender and offended lived in the same house, the crime is aggravated by dwelling, because the room was deemed a dwelling, notwithstanding being in the same house.

 

 

 



 



 



 



 

Each room although located in the same house is considered a dwelling separate and independent of the adjacent rooms. What is considered as dwelling? o  Includes every thercase, houseenclosure and every integral part of the houdependency house. se. Includesofstaircase, stai under the house, and the terrace.   If the person is stepping on the first rung of stairs, then it is dwelling. dwelling. But if he has yet to step, not yet. o  To be considered as dwelling, it must be used exclusively for rest and comfort. Ex. the victim owns a building consisting of two floors:   nd ground floor is video shop and 2 floor is residence. The victim was kill killed ed in the the video shop. Here, dwelling does does not apply. apply. The video shop is not exclusively for rest and comfort, even if in the same building. What if the person is a squatter? o  Dwelling still still applies. The law does not mak make e any distinction as to the validity of title over the property.   What if the land is enclosed with a fence and the person is outside the house but inside the fence? o  Dwelling does not apply.   When does dwelling not apply? o  If the victim gave sufficient provocation.  o  What are the elements of sufficient provocation?   1. Offended party gives provocation



 



Art 14(4) – abuse of confidence or obvious ungratefulnes ungratefulness s

 



 

 



What are the elements of abuse of confidence?

  1. Offended party reposed trust and confidence to offender   2. Offender abused this trust and confidence What must be the character of the confidence reposed reposed? ?  o  The confidence must be IMMEDIATE AND PERSONAL such that it gives the accused some advantage and makes it easier to commit the crime. o  Ex. The mother of the victim had a common law husband, o

o

 



whom the victim victim called “papa.” “papa.” “Papa” raped the daughter. This was abuse of confidence, even if the relationship between between the mom and “papa” was illicit. 

Art. 14(5) –committed in a place of worship

   



Is dwelling aggravating in arson?  o  No. (PD 1613) A person dies dies inside a building burned on pu purpose. rpose. When is it homicide, and when is it arson?  o  Intent determines: o  1. If the intent is to burn the house, then the burning is arson even if a person dies. dies. Homicide is is absorbed. o  2. If the intent is to kill the person and the burning was the means employed to commit the crime, it is homicide. o  3. If the intent is to kill the person, and the house is burned to cover up the crime, then it is homicide and  arson as separate crimes. There is no special complex crime of homicide homicide with arson.

2. The provocation is sufficient 3. The provocation is immediately before the crime Does the offender have to actually enter the house?  o  No. The law does not require require that the offender must also be in  the house. The offender can shoot from outs outside ide the house and kill a person inside  – it is still considered as dwelling, Does dwelling apply in robbery? o  Distinguish:  o  Dwelling is aggravating in robbery with homicide or robbery with intimidation of persons. o  However, in robbery with force upon things, dwelling is

 



inherent in the crime.

26

What are contemplated here? o  1. Committed in palace of Chief Executive o  2. Committed in the presence of Chief Executive o  3. Committed in place where public officers are discharging duties o  4. Committed in place of worship Distinguish 1, 2, and 4 from 3:  o    For palace, presence of CE, and place of worship it is enough that the offense was committed in that place

 

 

 

 



For public officers in discharge of their duties, it is necessary that the performance of function is being done How will this aggravating circumstance of place of worship (and

 



the like) apply?must   o  There be intent from the outset  to commit the crime inside the place of worship. worship. Here, the accused did not intend intend to commit the crime inside the church (she did not expect the man to touch her thigh).

 



Art. 14(6) – night time, uninhabited place, or by a band

 



 





   



 



Ex. The distance is not so great, but one has to climb up a hill to reach the house to render render aid. There is despoblado. What is the burden of the prosecution?  o  Prosecution must prove that the accused chose the o

 



If all three are present, are these separate aggravating circumstances or only one? o  General rule: only one applies. o  Exception: These may be considered separate and distinct if their elements are distinctly perceived and can subsist

 



independently of each other, revealing greater perversity. What are the tests of night time? o  Subjective test  – when night time was sought purposely to commit the crime. o  Objective test  – when nighttime facilitated the commission of the crime o  N.B. The subjective and objective tests are alternative. They need not concur. Either test’s application is sufficient.  o  It is not enough that the crime was committed in night time. There must be evidence that night time was sought for, or the nocturnity facilitated the commission of the offense

 



 



What if the moon is shining brightly or there is a streetlamp illuminating the event?  o  Then nighttime is not appreciable. When is nighttime absorbed by treachery? o  If it is part of the treacherous means to insure execution of the crime. Otherwise, it is separately separately appreciated. appreciated.  What determines if the crime was committed in an uninhabited place (d e s p o b l a d o)? ) ?  o  It is not the distance, but the possibility or impossibility of immediate aid to be be obtained. obtained. The more important important consideration is if the commission of the crime makes it possible for the victim to receive aid.

 



27

remoteness of the place to aid the commission of the crime, or to conceal the commission of the crime. When is there a band?  o  More than three armed malefactors (at least four). o  Must all of them be armed?   Yes.  What is the test f or armament?  o  Any weapon which, by reason of its intrinsic nature or purpose, is capable of inflicting serious or fatal injuries. What is the character of participation of the four malefactors?  o  The four armed persons contemplated in the law must be  principals by direct participation for band to be considered. They must act together in the execution of the crime. There were four accused, and it was alleged that they composed a band, in the the information. Two were acquitted. Is there crime by a band?  o  Band is still subsistent even if two were acquitted. o  DISSENT:: No band. DISSENT What is the characteristic of crime by a band?  o  Merely generic. (Ex. robbery with rape, robbery w with ith homicide, physical injuries, injuries, etc.) This means that this can b be e offset by a generic MC. Contrast: Art. 266-B ifif rape is committed by 2 or more o  persons, the offender is sentenced from RP to death (special aggravating circumstance). When is crime by a band a qualifying circumstance, and not just a generic aggravating circumstance? o  Only Article 294, 294, pars. 3 to 5. This is robbery with violati violation on against persons. Recall: o    Par 1: with homicide  band is aggravating   Par 2: with rape, intentional mutilation, and lesiones graves resulting into blindness, impotency, imbecility, or insanity  aggravating

 

 

 

Par 3 to 5: other kinds of robbery with violence against persons  band is qualifying



Art. 14(7) – calamity or misfortune

 



 



To what situations does this apply to? o  Conflagration, shipwreck, earthquake, epidemic  o  And other calamities and misfortunes     These must be similar to the abovementioned, so it cannot refer to “acts of men”  Distinguish from Art. 14(12): o  That refers to means of committing committing the crime. This provisio provision n refers to crime committed on the occasion of calamity or misfortune. 

Art. 14(8) – with aid of armed men

 



Requisites for aid of armed men? o

1. Armed men or persons took part in the commission of the crime directly or indirectly   o  2. Accused availed himself of aid of such men or relied upon them when the crime was committed The armed men are accomplices who take part in a minor capacity, directly or indirectly. What if there is a conspiracy with the armed men?  o  There should not be any conspiracy or the armed men must not be principals.

 

 



 



Organized syndicate

 



 



crime

Who is a recidivist?  Elements: o    1. During trial for one crime   2. Has been previously convicted   3. By final judgment   4. Of another crime under the same title in the RPC Important things to note:  o    At least two convictions  – one preceding the other, and the preceding one must have final judgment already   Both offenses must fall under the same title in the RPC   No specific period between convictions required o  What if the first offense is pardoned?   Still a recidivist because only the effects of the crime were extinguished by pardon, not the existence of the crime  What is the nature of recidivism?  o  Generic aggravating circumstance What is reiteracion? o  Elements:   1. The offender has previously been punished (has served sentence)    2. First offense must have had a greater or equal penalty;    3. Or two or more prior offenses with lighter penalty  Do they have to fall under the same title of the code? o 

Band 

Armed men

All are principals At least 4 armed men

Accomplices  Number immaterial

At least two persons

Recidivism

Crimes not specified

Crimes not specified

Crimes are for gain

Previous  judgment

 

Art 14(9, 10) – recidivism, reiteracion

 



What are the different forms of habituality? o  1. Recidivism  o  2. Reiteracion o  3. Habitual delinquency o  4. Quasi-recidivism Quasi-recidivism

Reiteracion conviction

by

final

Previous service of sentence

Under same title of the RPC

No need to be under same title

No requirement as to penalty in prior conviction

One crime or greater penalty or at least two crimes of lesser penalty

 



28

No. 

What is habitual delinquency? Elements: o 

 

   

 

1. Within a period of 10 years from date of release or last conviction  2. For falsification, robbery, estafa, theft, serious or less serious physical injuries (FRETSeL) 

o

  3. Found guilty of said crimes a third time or oftener   What is the nature of habitual delinquency?   It is special aggravating circumstance, which imposes an additional    penalty  (not just increase) which escalates with the the number of convic convictions. tions. Thus there will be two penalties: for the crime and for the habitual delinquency.    As such, this cannot be offset by mitigating circumstances  Important things: o    At least 2 convictions    The third conviction must be within 10 years from the second conviction. conviction. The 10 y year ear period is is counted from the date of release if he had been released when against convicted.  o  Can one be a recidivist and a habitual offender at the same time?   Yes, if he is convicted a third time for crimes of estafa, robbery, or theft which are within Title X of the RPC, or for serious and less serious physical injuries which are both within Title VIII of the RPC.  What is quasi-recividism? Elements: o 

conduct/circumstances show he is unworthy of pardon 

 

o

 



Art 14(11) – price, reward, or promise

 



 



 



 

 

o

What must be given as price, reward, or promise?  o  Need not be money. When does this aggravating circumstance apply? o  But the inducement MUST be the primary consideration by the principal by direct participation. If the offer is accepted, does the AC apply to both offeror and offeree?  o  YES. Both of them.

Art 14(12) – explosives, poison, fire, etc.

   





1. Offender previously convicted by f inal judgment  2. Before beginning to serve such sentence, or while serving it, he commits a felony   What is the nature of quasi-recividism? It is a special aggravating circumstance which must   be alleged in the information    Cannot be offset by ordinary mitigating circumstances  Effect:   Penalize convict with maximum period for the new felony committed     

o

What if during service of first conviction, he reaches 70 years old or he completes service of the first conviction after 70?   He is pardoned, unless he is a habitual criminal or his

 



Take note of COMADRE and MALNGAN (very important cases) Under RA 8294, when does the use of unlawfully manufactured, acquired, or possessed explosives aggravate? o  If used to commit ANY of the crimes in the RPC and it results to injury or death of any person, it is an aggravating circumstance  o  Except in furtherance of political crimes, which absorbs the use of explosives  N.B. contrast this with illegally possessed firearms, which only o  aggravates murder or homicide  When do these circumstances cease becoming generic aggravating circumstances circumstances? ?  o  1. When it is a crime in itself o  2. When it is a means included in defining a crime

Art 14(13) – evident premeditation

 



29

What are the elements of evident premeditation? o  1. Proof of time when the accused came up with the determination to commit the crime o  2. Overt act by accused showing he determined to commit the crime and that he clung to that determination.

 

 

 

3. Lapse of time between the determination and decision to carry it out. What is the essence of this aggravating circumstance? o  Precedence of cool thought and reflection  o

 





 

 



 



Art. 14(14) – craft, fraud, or disguise

 



How much time must elapse?  o  The law does not give a formula. Each case must be resolved resolved on the extent of each factual circumstance. o  P v. Beltran: There was only a lapse of two hours from the decision to commit the crime and the actual commission of the crime. Was there evident premeditation when one wanted to kill X o  but he killed Y i nstead?    No. Because he di did d not intend to kill the other guy.   But if one decided to kill “any Ilocano or anybody   he encounters” and he does, this AC applies.   So the test is what the initial plan was (whether it involved a specific person or group) and whether the execution matched the plan. When is evident premeditation inherent?  o  Evident premeditation is inherent in every specific intent felony. o  Examples:    Kidnapping   Robbery   Estafa (intent to gain)   Piracy in Phil. Waters When is there evident premeditation in robbery with homicide, and when is there none? 

 



 



 



 



 



If in addition to the crime of robbery, the accused intended to kill a person, evident premeditation is aggravating. o  If he had no plan to kill a person, but he ends up killing a person in the house who put up resistance, there is no evident premeditation. Does evident premeditation apply to conspiracy?  o  If two or more persons conspire to commit a crime, and they decide to commit it, there may be evident premeditation if the conspiracy allowed the conspirators to ponder upon and reflect on their decision to commit a felony. o  Differentiate:

 

 

 

Distinguish:  o  1. Craft  – cunning or intellectual trickery to carry out the evil design o  2. Fraud – deceit, insidious words and machinations o  3. Disguise – concealment of identity What is the relationship of these with treachery?  o  Treachery absorbs these. Craft and fraud may be aggravating in robbery with homicide, where the accused induced the victim to take them where the cows they supposedly wanted wanted to buy are fou found. nd. But they ended up killing killing the victim. o  HELD: Aggravated by craft. Used intel intellectual lectual trickery. trickery.

Art 14(15) – superior strength

o



2. non-instant conspiracy: time to reflect

 



1. instant conspiracy: has no evident premeditation

30

When is there superior strength? o  Offenders intentionally employ disproportionate force to the means of defense available to the offended party  Four accused were armed with a knife. One killed the victim, but there was conspiracy conspiracy.. Only o one ne was armed. Does superior strength apply?  o  Yes, still superior strength, because t he victim was unarmed. Does superior strength apply in parricide? o  No, do not consider abuse abuse of superior streng strength th in parricide. It is generally accepted that the husband is physically stronger than thewhen wife. an aggravating circumstance is absorbed by What happens another?  o  It loses its juridical existence. o  What is the relationship between treachery and abuse of superior strength?    Generally, abuse of superior strength is absorbed by treachery. Abuse of su superior perior strength the then n loses its  juridical existence existence o  Can superior strength in this case offset a mitigating circumstance?    No because it already lost its juridical existence.

 

Art 14(16) – treachery

 



 



 



For treachery to exist either as a generic aggravating or qualifying circumstance, what two conditions must apply? o  1. Employment or means, manner, or method of execution that would ensure the safety of the offender from any defense or retaliation of the offended party  o  2. Deliberate act of the offender or conscious choice of the means, manner, or method of execution   Shown through a) prior conduct of the offender; b) relationship of the parties; c) nature of the killing May treachery be considered in carnapping with killing of a person? o  No. Treachery is not aggravating in qualified carnapping. Carnapping is a crime against property, so treachery is NOT aggravating. (As held in a case)

 



 



Is this still true today?    NOT ANYMORE. ANYMORE. Take note of P. v. ESCOTE ESCOTE (see discussion below), which appreciated treachery in robbery with homicide. P v. Escote o  Take note that before this case, the SC has always been divided whether treachery can apply to robbery with homicide. Those who say no say that it can’t apply because robbery with homicide, which is a crime against property. o  But here, J. Callejo decided to cite Spanish SC decisions, stating that treachery may aggravate the homicide part of that special complex crime. So treachery applies. applies. o  Why not qualifying?    The crime of robbery with homicide is a unique crime in the sense that there can be no robbery with murder. Homicide is always used as a generic term, even if the second component is actually murder.    And  even if the homicide was actually just out of negligence, it can still be robbery with homicide. Is treachery qualifying in special complex crime of kidnapping with murder? o  Yes. If the victim of kidnapping is kill killed ed with treachery, it is a special complex crime of kidnapping with murder.  

 

 

 



attack as means or method to ensure success of strike. Chance attacks or crimes done in the spur of the moment, or those preceded by heated altercation, are NOT treacherous May treachery be considered if the wrongful act done be different from that intended by the offender? o  Treachery is present even if the victim killed is different the one intended to be killed (because what only matters is the means of killing).  o  Treachery may be present in aberratio ictus or error in  personae, again because it is not the intent but the means/method that matters.  What is the nature of killing by poisoning? o  Treachery is inherent inherent in killing killing by poisonin poisoning. g. If the offender poisoned the victim, treachery is inherent. 

 

o

o



o  So treachery can apply, under the Escote rule.   Does suddenness of attack per se prove treachery?  o  No, Mere suddenness of the attack does not by itself suggest treachery, unless the offender used the suddenness of the

Art 14(17) – ignominy

 



 



What is ignominy?  o  Circumstance pertaining to a moral order which adds disgrace or obloquy to the material injury caused to the offended party and tends to make the crime more humiliating Examples of ignominy:  o  1. The accused lighted a cigarette on the pubic area of the victim which caused blisters. o

2. When the accused focused his flashlight on the genitals of the offended party, and he examined it before he raped her in front of her father. o  3. Raped victim before her betrothed o  4. Asking her to present her full nakedness before raping her In the Bacule and Sailan cases, where respectively, the rapist tied a banana fiber around his penis before the rape, or when the rapist raped the victim victim dog-style, there was ignominy ignominy.. Does this still apply?  o  No, these must be modified.  Art. 266-A of RPC: Decisions in Bacule and Sailan are now amended. These are now acts of sexual assault.

 

 



31

 

 



 

The accused after killing the victim cut off the left leg and took the flesh from the legs and shoulders of the victim. Is this ignominy? o  No, because the victim was already dead.

 



Art 14(18-19) – unlawful entry or breaking in

 



 



nd

reason of robbery, two are killed, can we not consider the 2   killing as an aggravating circumstan circumstance ce analogous to cruelty? o  No. Notwithstanding how many people he killed, there is no aggravating circumstance. o  The reason is simple: it is not among t hose listed in Art. 14.

When is there unlawful entry?  o  When an entrance is through a way not intended for such purpose o  Must be for purposes of entry and not escape When is it inherent?  o  1. Trespass o  2. Robbery with force upon things

Special laws relating to aggravating circumstances R.A. 9165

 

Art 14(20) – with aid of minors under 15 years of age/motor vehicles

 





Is the minor himself liable?  o  No. Remember RA 9344  – a minor under 15 is absolutely exempt from liability So if he assists, then the minor is completely exempt from liability But the same is still an aggravating circumstance for the offender of legal age. When is use of motorized means of conveyance aggravating?  o  When the motor vehicle was purposely used to facilitate the commission of the offense o  Not when used to escape

 

o

 



 



   



 



Supposing the accused was under the influence of drugs and then he killed a person, may the killing by that person under the influence of drugs be considered an aggravating circumstance in the commission of the crime? o  Yes. Under R.A. 9165, sec. 25 25 – notwithstandin notwithstanding g provisions of law to the contrary, the positive finding for drugs shall be considered an aggravating circumstance.

R.A. 8294

 



 

Art 14(21) – Cruelty 

Ex. 20 wounds excruciatingly inflicted, where the person savored the act, can be cruelty There can be no crime of robbery with m u l t i p l e   homicide, regardless of the number of victims. But supposin supposing g for this o



What is cruelty?  o  Unnecessary physical pain in the commission of t he crime What is the test? o  Whether the accused deliberately and despicably augmented the wrong committed by him by causing another wrong not necessary for its commission, or inhumanly increasing the suffering of the victim, slowly and gradually Does the number of wounds per se determine cruelty?  o  No. It is the deliberate deliberate act of committing committing the crime to cause unnecessary pain, not number of wounds. o  Ex. 20 wounds inflicted rapidly is usually not cruelty

P v. Comadre  – Justice Tinga said that 8294 amended Art 14(12), because usage of illegally possessed firearms becomes an aggravating circumstance. “Tinga: if the person is in lawful possession of the explosives, then he uses it, it is QUALIFYING to murder.”   Dissent of Callejo:  o  It’s absurd! If illegally possessed – only aggravating. aggravating. If legally possessed – qualified to murder! This is unjust. Use of an unlicensed explosive is AGGRAVATING. AGGRAVATING. Because it says any  crime in the RPC. So that should include include murder murder.. It shouldn’ t be qualifying. If unlicensed firearm is used to commit murder or homicide, it is merely an aggravating circumstance. But what kind? Is it generic or special A AC? C? o  It is a special AC, AC, not merely generic. generic. So there can be no offset. Does illegal possession aggravate attempted or frustrated homicide or murder? 

 

o

 



 



 



32

 

 

 

No. The law says homicide or murder. It must be consummated. If the crime is merely attempted or frustrated, the AC does not apply. Under 8294, if one uses an unlicensed firearm to commit a crime other

o

o

 



 



 



 



 



Art. 15: alternative circumstances

than homicide or murder, then the use of the unlicensed arm is neither a separate crime nor an AC. BUT that person must be convicted for that other crime, before the usage of an unlicensed firearm can be considered as either a separate crime or an AC. Does illegal possession of unlicensed firearm aggravate robbery with homicide?  o  No. The law law is clear: only murder or homicide. (Although there are SC decisions to the contrary.) Do the words homicide and murder include parricide and infanticide? Or should it be re read ad strictly?  o  P v. Mendoza  – murder is used in its generic generic term. It therefore include parricide or infanticide, as the case may be. o  But one can argue that since the law only mentions these two crimes, under  pro reo, then it must be construed in favor of the victim. There is security guard guard of an agency agency.. The agency h has as license to possess firearm, but the guard guard does not. The security guard us used ed the gun to commit murder. Is i t AC? o  Yes, it is. Even if the employer wa was s licensed but the guard had no license to possess that firearm, then RA 8294 applies. An accused committed committed double murde murderr (complex crime). He used an unlicensed firearm. firearm. Is it special AC?  o  It should be. The law does not disti distinguish nguish whether it is simple simple

 



 



 



or complex. But there is no case ye yet. t. RA 8353

 



 



 



In Art 266-B, the use of a deadly weapon to commit rape is a special qualifying circumstance which increases the penalty from RP to RP/death. It is not an AC under Art. 14, bu butt under Art. 266-B and 266-C of the RPC.

When the accused raped the victim in the presence of her parents and husband, there was aggravating circumstance of adding ignominy. Is this still applicable?? applicable?? o  Not anymore. In RA 8353, 8353, it is a SPECIAL SPECIAL QU QUALIFYING ALIFYING circumstance. (under the enumeration) enumeration)  R.A. 8353 is found in Art. 266-B 266-B of the RPC. The crime of simple rap rape e becomes qualified – becomes penalty of RP to death. Did R.A. 8353 amend Art 14 of the RPC? o  Not really. 

 



33

What are alternative circumstances?  o  Either aggravating or mitigating according to the nature and effects of the crime and other conditions attending its commission o  Only considered when they influence the commission of the crime What are the three alternative circumstances?  o  1. Relationship o  2. Intoxication o  3. Degree of instruction/educati instruction/education on of offender What is the scope of relationship under Article 15? o  Spouse  o  Ascendant, descendant  o  Legitimate, natural, adopted siblings  o  Relative by affinity in same degrees  What if the relationship is just between step-parent and o  stepchild?    The relationship between step father and step son is akin to that to an ascendant and descendant and is subject to AC of relationship.   BUT relationship between step grandniece and step grandfather is not one of the relationships contemplated in Art. 15 of the RPC, as with similar examples. o  What about first cousins?    When the accused and victim are first cousins, relationship is NOT aggravating. o  What about uncle and nephew?   No. Uncle and nephew/niece not covered. Is relationship an AC in rape?  o  Yes. o  Relationship is aggravating in crimes against chastity, including rape.

 

 

o

 

While rape is now a crime against persons, it does not lose its nature as a crime against chastity, because for rape to be committed there must be lewd design. Thus, relations relationship hip is still an AC in rape.

o

 

o

 

 

o

o

 



 



 



 



 



What is the effect of father-daughter relations relationship hip in rape?    It’s now a special aggravating circumstance under RA 8353. No need to resort to relationshi relationship p as an alternative circumstance. What if the imposable penalty becomes death?  o  In crimes where the imposable penalty is death, relationship shall not be deemed an AC, regardless of the crime. When is relationship aggravating and when is it mitigating? o  Relationship is aggravating in crimes against chastity, whether offender is of higher or lower degree relative o  Relationship is mitigating in crimes against property When is intoxication mitigating? o  If not habitual, or not pursuant to planning a felony, and affected mental faculties  o  It is aggravating if there is habitualness or intentional intoxication  What is the rule on education? o  Low education may be mitigating but never aggravating  o  High education may be aggravating but never mitigating  o  When is the high education of a person aggravating?   When his education puts him in better position than the ordinary offenders. Ex. estafa by a lawy lawyer er  When is education ignored? o   1. If the crime is basically wrong like parricide, murder, rape, or robbery, it is immaterial whether the offender is schooled or not. o  2. Education has already been considered by the provision such as abortion conducted by a physician. 

 



 



 



When do these provisions apply? o  These provisions only apply when two or more people are acting criminally. Otherwise, it’s it’s just the principal.  When may a person be criminally liable as principal by direct participation? o  Participation in criminal execution o  Carrying out the plan and directly participating in the execution N.B. There must be conspiracy, under this usual   definition But can there be principals by direct participation without conspiracy?    Yes: the usual example of two people attacking a cocky guy in a bar wi with th prior planni planning. ng. The victim died due to two bullets, bullets, one from each gun. There is no conspiracy here, but both are liable as principals by direct participation. How about the the mastermind? For him to be a pri principal, ncipal, does he have to commit an overt act in the execution of the planned conspiracy? 

 

o

 



 

Can both the employer and employee be liable as principals by direct participation?    Yes, when the employee performed consciously participated in in the acts (ex. illega illegall recruitment). He must know of the illegality and still further the act. o  Trust Receipts Law P.D. 115  – – when violated by corporation, partnership, or association: penalty is imposed on responsible officers  o  Labor Code ex. illegal recruitment (39-D) – same penalty  Who are liable? o  1. Grave and less grave offenses: principals, accomplices, accessories  o  2. Light offenses: principals and accomplies 

Art. 17: principals

PERSONS CRIMINALLY LIABLE



The general rule is that corporations are not criminally liable because there is no criminal intent. Except: when the law provides that officers or employees are liable.

May a private corporation, partnership, or association or other juridical entity be criminally liable?

34

 

 

 

Enough to be held as co-principal through conspiracy, as long as there is involvement in the planning and commission. What should the overt act consist of for principals by direct participation?  o

 





o

1. Active participation 2. Or giving moral assistance to the other conspirators   Mere presence   Exercising moral ascendancy What is the general rule as to non-appearance? o  Deemed a desistance which which is favored. Mere participation in a conspiracy is not a crime, because there is no act yet to carry it out. When there is no criminal participation, participation, there is no liability.  o  But see the exceptions for masterminds and PDIs.  Can someone not be in the scene of the crime and still be a principal? o  Yes. For example, there is conspiracy and one one is on look-out duty for policemen.  o  For as long as the conspirators perform specific acts that were coordinated pursuant to the conspiracy. X, Y, and Z conspired to kill V. All three stabbed stabbed V. Is it a complex crime?  o  No. There is only one crime of homicide, as there is only on one e victim. The number of crimes crimes committed does not not depend on the number of co-conspirators. If rape was committed by 2 or more persons, what happens?  o  Commission of rape by two or more persons is a qualifying circumstance that requires imposition of RP/death. o   Ex. The husband raped the victim, while the wife of the accused held back the arms of the victim.   HELD: The husband was guilty of rape by direct participation, and the wife was principal by indispensable indispensabl e cooperation. Is it possible that two persons are conspirators but are liable for different crimes? o  Yes. o  Ex. The private individual is liable for delivery of prisoners, while the escaped convict is liable for evasion of sentence. o  Ex. X and Y killed X’s wife. Y is liable liable for homicide. homicide. X is lia liable ble

  

o

 



 



 



 



 



 



 



 



 



 



 



What is the rule for Robbery with homicide? o  General rule: the act of one is act of all, even if only one coconspirator killed the victim. Is it possible that one is liable only for robbery but not o  robbery with homicide?    Yes, if one desisted before the homicide was committed. For instanc instance, e, one prevented the other from stabbing the victim o  What about robbery with rape?    All the accused will be liable for the rape committed by one of them, unless one proves that he endeavored to prevent the person from doing so. o  For these cases, one must perform an OVERT act to prevent the commission of of the other crime. Mere silence or running away is not enough disavowal. How does one become a principal by direct inducement?  o  1. Directly forcing another to commit a crime Using irresistible force     Causing uncontrollable fear o  2. Direct inducing another to commit a crime   Giving price, reward, or promise   Using words of command What are the requisites to become a PDI? o  1. Inducement made directly with intent of procuring the commission of the crime  o  2. Inducement is the determining cause of the commission of the crime by material execution  What is required for use of words, to become a PDI?  o  Must have actually moved the hands of the principal by direct participation, the latter of which has no other recourse but to obey the command. This especial especially ly applies when the PDI PDI has moral ascendancy over the PDP. Does the PDI need to be in the scene of the crime?  o  No. His inducemen inducementt is enough. What if the person inducing did not qualify in the above description? o  He is generally liable as an accomplice.  What if the person merely made carless remarks not meant to be obeyed?

for parricide.

35

 

 

 

He is neither a PDI nor an accomplice. accomplice. He is not criminally liable.  When does one become a principal by indispensable cooperation?  o  Direct participation in the criminal design by another act

 



 



 



 



 



 



without which the crime could not have been committed. What is the main distinction between the PDP and principal by indispensable cooperation?  o  For the PIC, he must perform an act different from t he overt act of the PDP; otherwise, he also becomes a PDP. Must the PIC be present during the planning stage of the conspiracy? o  No. He may become a principal principal at the moment of execution execution of the crime with the other other principals. principals. It can arise from implied implied conspiracy.  What is the rule i n case of doubt?  o  The liability of the is merely as that of an accomplice. Is it possible that the PICPIC commits a crime different from the PDP? o  Yes. An example is malvers malversation ation through falsificatio falsification n of public documents committed by a public officer in conspiracy with a private individual. The private individual may be liable for malversation. Can the PDP’s acts be by dolo and the PIC, by culpa?  o  Yes. Ex. There was a bank empl employee oyee with two friends. The friends made the employee believe that a bank document was genuine, which was approved by the employee without needed diligence. The crime of the PIC is estafa through falsification of commercial document, by culpa.  

 



 



Art. 19: accessories

 



Art. 18: accomplices

 



 



 



After the PDP has reached a decision decision to commit a crime. The accomplice does does not decide the commission of a crime. He  just agrees after the criminal criminal resolution is is accomplished. o  If he was part of the decision to commit the crime in conspiracy, he becomes a principal. o   Likewise, if he commits an act of execution, he also becomes a PDP. Contrast a conspirator from an accomplice: o  Both the conspirator and accomplice know of the crime and agree with the criminal resolution. resolution. The conspira conspirators tors decide, and the accomplices merely concur and cooperate.  o  The crime is performed by the PDP, while the accomplice is merely an instrument of the conspirators  – not members of the conspiracy.  May one be charged and convicted as accomplice or accessory even before principal principal charged o orr convicted? Or should the P PDP DP first be convicted before accomplice and accessory be charged or convicted? What are their corresponding liabilities? o   As long as commission of the crime can be proven beyond reasonable doubt, determination of criminal responsibility of accessory may be determined independently independently of and separately from liability of the PDP. o  If the case against PDP is dismissed, the case against accomplice or accessory must also be dismissed because the liability of the latter is subordinate to that of the PDP. o  But the dismissal of the case against the latter does not necessarily result in dismissal of the case against the PDP. o

o

What are the acts of accomplices? o  Prior or simultaneous acts not indispensable for the commission of the crime, and not overt acts for commission thereof.  What are the requisites to be li able as an accomplice? o  1. Offender took part in the execution of the crime by previous or simultaneous acts o  2. He intended to take part in the commission of the crime At what point must the accomplice acquire knowledge of the commission of the crime by the PDP? 

 



 



Who is an accessory?  o  One he must have knowledge the commission of of thethe felony, and participates after theofcommission by any acts enumerated in Art. 19. His participation m must ust not be that of a principal or accomplice. What are the requisites to become an accessory? o  1. Knowledge of the commission of the crime   o  2. Without participating therein  o  3. Perform any of t he following acts (see below).  What are the three acts of accessories in Article 19?  o  1. By profiting themselves or assisting the offender to profit by the effects of the crime o  2. By concealing or destroying the body of the crime ( corpus delicti ), ), or the effects or instruments thereof, in order to prevent its discovery

36

 

 

 

Any person who directly or indirectly abets the commission of piracy or highway robbery/brigandage is not just an accessory  – he is an accomplice to the principal of the crime.   o  The person who profits from the loot is charged with Abetting Brigandage and is charged as an accomplice (not just an accessory) 

3. By harboring, concealing, or assisting in the escape of the principal, and –    A. the accessory acts with abuse of public functions OR   B. the accessory is a private individual, and the author of the crime is guilty of:   i. treason,   ii. murder,   iii. parricide,   iv. or attempt to take life of the Chief Executive,   v. or is known to be habitually guilty of some other crime When does the accessory participate? o  His participation comes after the commission of the crime. Does mere silence make one liable for the crime as an accessory?  o  No. It is not a crime to remain silent. What is the ―corpus delicti‖ or body of crime that must be concealed or destroyed under par. 2? o  Body or substance of the crime, or the actual commission by someone of the particular particular crime charged. It is either:    1. Proof of occurrence of a certain event    2. Some person’s criminal responsiiblity  X, a policeman, witnessed witnessed the killing of V by K. X failed to arrest K and even told K not to tell the other policemen. Is X an accessory?  o  Yes, under art. 19(3). It was the duty of the police policeman man to arrest the culprit and not to conceal the commission of the crime by silence silence or misleading misleading statements. By his acts, he abused his public position. What is PD 1612 (Anti-Fencing Law)?  o  One who acquires is criminally liable as PD an accessory under Art.stolen 19 or property as a principal for fencing under 1612. Prosecution has has the option. When does one become a principal for fencing – requisites?  o  1. The crime of robbery or theft must be committed, and accused did not participate in the commission thereof. o  2. The accused then acquires the proceeds of the robbery or theft, and he has actual knowledge thereof or he should have known the subject is from such acts o  3. Intent to acquire What is the special rule P.D. 532 (piracy, highway robbery and brigandage)?

o

o



Art. 20: accessories exempt from liability



 









 



 



 



 



 



 



 



 

Who are the accessories exempt from liability?  o  Those who are accessories vis-à-vis spouses, ascendants, descendants, legitimate/natural/adopted brothers and sisters, or relatives by affinity of the same degree o  When does it not apply?    To paragraph 1 (profiting from the crime) th o  [N.B. this listing is limited (not up to 4 degree of consanguinity) and is the same scope as the alternative circumstance of relationship]



 



 



 



37

X told his sister hide e the body of Y Y.. X and S buried Y.killed WhatY. is X the liability of S? S to hid o  S is exempt under Art. 20. 20. The basis of the exemption exemption is ties of blood between the PDP and accessory. What if a policeman furnishes the means for his brother to escape with abuse of public public position? Is he exempt?  o  He is. Blood-ties are more powerful powerful than call of d duty. uty. Moreover, the law does not distinguish between private citizens and public officers. What is PD 1829 or Obstruction of Justice? o  Those who assist the principal to escape may be prosecuted under PD 1829 as a principal principal for obstruction of justice. When convicted, the penalty imposed is the higher penalty between any otherto law, including the RPC.  What arePD the1829 actsand amounting Obstruction of Justice?  [preventing]   o  o  1. Preventing witnesses from testifying   o  2. Harboring or concealing the off ender  o  3. Obstruction of service of court processes/orders or disturbing proceedings in fiscal or Court   o  4. Solicitation or acceptance of benefit to desist in prosecution o  5. Using threats to prevent a person from appearing in proceedings o   [misleading]   o  1. Altering or suppressing evidence  o  2.using fictitious name to conceal crime or evade prosecution  o  3. Making or presenting false evidence

 

 

 

4. Giving false or misleading information to law enforcement agents Does PD 1829 provide the same exceptions as Art. 20? o  No. 

 



 



PENALTIES  and accused agreed to figh fight; t; one lost. He filed for   Offended party and a complaint for physical physical injuries. Does the p pari ari delicto doctrin doctrine e apply? o  No. It does not apply to criminal cases. In fact, two two people can agree to duel, and if one dies, the offender may be charged under the RPC.     Does estoppel apply to criminal cases? o  No. The offended party is the State. Private indi individual vidual w who ho sustained the damage is merely the witness to the crime.   



 





   



 



 



Exceptions?   1. Saving clause    2. The repealing act reenacts the former statute   What is the effect of RA 8353 on Articles 23 and 344 which provide o

o

Can there be imprisonment at the discretion of the court?  o  No. It must be according to limits limits imposed by la law. w. Did the SC circular giving preference to fines over imprisonment for BP 22 and libel violations amend the law?  o  No. There was no abolishment abolishment of the penalty of imprisonment. May the favorable provisions of RA 7659 (Abolishing the DP) retroact to entitle the offender to RP?  o  Yes. Penal laws retroa retroact ct in so far as they favor a person guilty guilty of a felony, as long as he is not a habitual delinquent o  Even when there is already a final judgment Does this apply even to SPLs? o    Yes.   What is the retroactive application of RA 9344?   o Any pending cases involving children below 15 are automatically dismissed and referred to appropriate diversion programs  o  Those already serving sentence are reassessed/reclassified under the new benevolent features of the law   o  If the minor is no longer entitled to suspension of sentence (Ex. reached 18 years old) and the court resolves to impose the sentence, he can still apply for probation  What if a penal l aw is repealed? o  Then the court has no more jurisdiction to hear the case  o  The offense never existed and the person who committed it never did so. 

 



 



for pardon by the offended party? o  Rape and sexual assault are now c rimes against persons. o  Thus, criminal action can only be commenced by information filed by public prosecutor, and not the private offended party. o  If a crime is public, private individual cannot pardon the crime or compromise it, unless unless provided by law law.. In a criminal action, it is the State t hat is the offended party; the private individual is  just a witness. o  Exception: RA 8353  – – marriage of offender and rape victim   Shall extinguish criminal action   If already convicted, penalty imposed will be extinguished   Note, however, that a husband can be convicted for rape or sexual assault against his wife. Criminal liability may only be extinguished by law or the grounds in Art. 89. o  A public officer is charged charged with RA 3019. He returns the money. Will his liability be extinguished?    No. It will not exonerate him from criminal criminal liability, but will extinguish his civil liability. P v. Sandiganba Sandiganbayan yan What are not considered as penalties?  o  1. Arrest and temporary detention of accused, or detention due to insanity or imbecility 2. Commitment of a minor in institutions   Art. 80 was already repealed by PD 1603 and amended by RA 9344. o  3. Preventive suspension from employment or public office o  4. Fines and other corrective measures imposed by superior officials on subordinates   Refers to administrative sanctions in administrative cases against public officers and employees (imposed by superiors) Correlate the above enumeration with RA 6975, par. 4: o  If police officer or employee is charged for a crime in a valid

 

o

 



information, he may be suspended during pendency of the

38

 

 



 



 



 

case. This is not a penalty, penalty, but just a means to facilitate facilitate  justice.  Correlate with RA 3019: o  When a public officer or employee is charged, he may be

 

 

 

What if the period of preventive imprisonment has exceeded the maximum penalty allowed?   Immediately release, but continue with trial or appeal  If it’s destierro, the maximum period is 30 days   preventive imprisonment  o  What is the remedy when the person has reached the maximum penalty imposable?   Habeas corpus  o  What if the convict is sentenced to RP or life imprisonment?   He is still entitled to the benefits of this provision. What is the effect of penalty of perpetual or temporary absolute DQ? o  1. Deprivation of public office even if elected  o  2. Deprivation of right to vote or right to be elected   o  3. DQ for offices or public employments and for exercise of any rights mentioned  o  4. Loss of all rights of retirement pay or pension for former office  o  What is the difference between perpetual and temporary?   In temporary, #2 and #3 only lasts until term of sentence  What is the effect of perpetual or temporary special DQ?

 

1. Deprivation of office, employment, profession, or calling affected  o  2. DQ for holding similar offices or employments  How long does #2 it last?     If perpetual, forever   If temporary, during term of sentence o  What about perpetual or temporary special DQ for the exercise of the right to suffrage?   Deprivation of right to vote or be elected for public office (perpetual or temporary)   What is the effect of penalty of suspension from public office,

o

suspended 90 days. days. This is not deemed deemed a penalty. What is the effect of RA 9346 abolishing the death penalty (and as clarified by P v. Bon)? o  1. It retroactively benefited all those convicted and being tried for the death penalty, penalty, which has been abolished. abolished. It benefits even habitual delinquents.  o  2. It does not affect RA 7659’s provisions on how the crime is committed; it just reduces the penalty imposed by RA 7659 from death to RP.  o  3. It equalized the penalties of certain offenses which used to be graduated. graduated. Examples:    Piracy (RP) and qualified piracy (RP to death) are now both RP.  Kidnapping (RP to death) and Kidnapping with   Homicide or Rape (mandatory death) are now both RP.    Destructive arson (RP to death) and Arson with homicide (mandatory death) are now both RP.  o  4. In graduation of offenses one or two degrees lower, take out “death” from the scale as well.   o  5. It did not declassify declassify the crimes as “h “heinous.” einous.” Only the penalty imposed is affected. When is the duration of penalties computed from? 

 

 





  1. If the offender is in prison, from finality of judgment of conviction o  2. If not in prison, from placement at disposal of judicial authorities to enforce penalty o  3. Other penalties not involving imprisonment imprisonment  – from day when he commences to serve the sentence When are detainees credited with the whole duration of preventive imprisonment? o  1. Full time, if the detention prisoner agrees to abide by the same disciplinary rules as convicted prisoners  o  2. 4/5 time, if he does not agree to abide by t he same rules 

 

o

o

 



o

 

1. Recidivists  2. Those convicted at least 2 times of any crime  3. Upon summoned for execution of sentence, they failed to surrender voluntarily 







When is there no credit?

profession, calling, or right to suffrage?

39

 

   

 

These apply during term of sentence  And if suspended from public office, cannot hold an office with similar functions during suspension  Is RP the same as life imprisonment? o

o

 



o

No. RP has a fixed duration and accessory accessory penalties, and is imposed by the RPC.  o  Life imprisonment has no fixed duration, no accessory penalties, and is imposed by SPLs.  What is the dual nature of temporary disqualification and suspension? o  As principal penalty   Temporary DQ: 6 years and 1 day to 12 years   Suspension: 6 months and 1 day to 6 years o  As accessory penalty:   Follow principal penalty

 

 



 

 



 



 



 





Can oa  lesser absorb gravernoffense? Yes. offense Examples are arebellio rebellion (RT) absorbing absorbing murder murder (RP) when committed in furtherance of the former. Forcible abduction (RT) absorbs illegal detention of a woman (RP).  What is the nature of Reclusion Perpetu Perpetua? a? o  RP is an indivisible penalty.  o  There is no minimum, medium, or maximum period. o  It is not affected by mitigating or aggravating circumstances. o  So why does RA 7659 fix the duration at 20 years and 1 day to 40 years?    In order to avoid a lacuna because RT caps out at 20 years. The provisions d discussing iscussing RP provide provide that at 30 years, the offender is entitled to parole, while service of penalty is is at maximum 40 years. years. Thus, the period for RP has become 20 years and 1 day to 40 years. (It would be absurd tto o set it at 30 years to 40 years, since there will be a gap.) What is the minimum period of imprisonment for RP? o    30 years, after which the offender will be eligible for pardon by the Chief Executive. Executive. (Although there is nothing preventing the Chief Executive from pardoning the offender beforehand.)  What is the number used in pegging the ―three fold rule‖ o 

30 years as well. Since that article provides provides that when the culprit has to serve at least 2 penalties, the maximum duration of the sentence should not be more than 3-fold the length of time corresponding to

the most severe penalty.  What are the indivisible penalties? o  1. RP o  2. Perpetual absolute or special DQ o  3. Public censure What are the effects of i ndivisible penalties? o  Impose the penalty in its entirety   Even if there is a special aggravating or two mitigating, it will not be affected. o  BUT if there is privileged mitigating circumstance, it may be reduced by 1 or 2 degrees. : Exceptional o  P.D.situations 818 Syndicated Estafa:   Maximum of crime is 30 years, which in connection with the accessory penalties shall be 30 years of RP o  People v. Canales  – imposed 40 years of RP, with accessory penalties pertaining to death, and cannot be pardoned until after 40 years have passed. How did the court reach this decision?      Because under Art. 309 of the RPC, theft is punishable by maximum of RT RT.. But for Art. 310, qualified theft, penalty is two degrees higher. This is death.   But the rule under Art. 74 is that if the next higher penalty is death, it becomes RP, with accessory penalties penalties of of death. This is also the reason why he cannot be pardoned before 40 years have lapsed, instead of 30.   N.B. Note, however, that Boado believes that there is no more such distinction now that the DP has been abolished. When a penalty of fine is imposed, what is the order of payment of pecuniary liabilities? o  Read in conjunction with Art. 38 (order of payment of pecuniary 



 



for RP?

liabilities):

40

 

   

   

1. Reparation, 2. I ndemnification, ndemnification, 3. Fine, 4. Cost of proceedings

 



To whom is the fine given?    Not given to the complainant; it is given to the State. o  Can accused use its cash bail bond to pay his fine, if convicted?    Yes. The law does not prohibit him from using his cash bail bond bond to pay his ffine. ine. It is only meant tto o ensure his attendance during the process. Conflict of provisions leading to confusing rulings, if the fine is exactly 200 pesos:  o  In Article 9, P200 is a light penalty. penalty. In Article 26, P200 it is a correctional penalty.  o  To harmonize:    When the issue is prescription of crime, apply Art. 9.     When the issue is prescription of penalty, apply Art. 26.  What is preventive imprisonment for children in conflict with the law under RA 9344, sec. 53? o  Any form of physical restraint imposed on a child in conflict with the law including his community service or commitment to a rehabilitation center shall be considered as preventive imprisonment. o  If the minor juvenile is imprisoned pending trial  – he shall be credited with the service of the sentence with the full time in

o  So it is still covered by the order of payment. What is civil interdiction and what rights does it cover?  o  Accessory penalty that attaches to RP and RT. o  Deprivation of the following rights  – 

o

   

 

 



 



 



1. Parental authority 2. Guardian as to person/property of ward   3. Martial authority   4. Management of property   5. Disposition of property by acts inter vivos   So he can still make a last will and testament Cannot appoint an agent to fulfill these tasks 

 

o

Art. 39: subsidiary imprisonmen imprisonmentt

 



 



When is subsidiary imprisonment imposed?  o  Subsidiary imprisonment imprisonment can only be imposed if the accused is penalized with a fine (either alone or in conjunction with imprisonment), and because of insolvency, he cannot pay the fine. How long is the subsidiary imprisonment?  o  If penalty is PC/arresto + fine  – confined until the fine is satisfied under the conversion   Whichever is the least among:   1. 1/3 of his sentence term   2. 1 year   3. Quotient of fine divided by 8 pesos o  If penalty is just a fine –    Subsidiary imprisonment must not exceed 6 months 





which the child was preventively imprisoned   Provided the child agrees with the rules and regulations of the penal institution   If not, still entitled to 4/5ths of the time Under Art. 104 of the RPC, the offender is civilly liable to the offended party for restitution, damage, reparation, and indemnification for consequential damages. damages. The liabil liability ity of the accused (under A Art. rt. 104) covers civil liabilities or pecuniary liabilities. How about the penalty of fine under Art. 38 of t he RPC in relation to Art. 39?  o  It is also a pecuniary liability of the accused, but it is a pecuniary penalty (and not a pecuniary liability), because it is a

for grave or less grave felonies Must not exceed 15 days for light felonies o  If penalty is higher than PC, no subsidiary imprisonme imprisonment nt Can the convict be ordered to serve subsidiary imprisonment for failure to pay pecuniary liabilities?  o  No. The convict convict cannot be be ordered to serve subsid subsidiary iary imprisonment for failure to pay pecuniary LIABILITY; but he can serve for pecuniary PENALTY. If he is not insolvent, but he does not want to pay the fine, can he choose to go to jail instead? o  No. The accused has no choice but to pay the fin fine. e.   

 



 





penalty under Art. 25 of the RPC.

 

41

Will subsidiary imprisonment apply for SPLs?

 

 

 

Yes. If the accused was convicted of a crime defined by SPL, Art. 39 will still apply, taking into account Art. 10 of the RPC.     Ex: Violation of BP 22 Supposing he was convicted for possession of unlicensed firearm

o

o

 



 



 



 



 



 



 

   

and sentenced to prison term but h he e was insolvent. Subsidiary imprisonment? o  Yes. Again, Article 39 iis s consistent with A Art. rt. 10.  Must there be an express statement in the dispositive portion imposing subsidiary imprisonment?  o  Yes. Subsidiary imprisonmen imprisonmentt is a penalty. There must be a statement in the dispositive portion that if he is insolvent, he must serve subsidiary imprisonment. imprisonment. Absent this specific order in the dispositive portion, he cannot be compelled to serve this. (Ramos v. Judge) What is the financial standing of the culprit improves? o  He pay. Subsidiary personal personal liabili liability doeshisnot relieve him has fromtothe obligation to pay the fine in tycase financial standing improves.  When can there be no subsidiary imprisonment? o  If the penalty is higher than prision correccional, there can be no subsidiary imprisonment. Toledo v. Superintendent, citing Bagtas v. Director of Prisons, supposing the accused is charged with 2 or more offenses and there was 1 decision that convicted him of all the charges. How do we determine the 6-year limit?  o  Where this situation exists, the 6 year period limit shall be based on the total duration of the penalties imposed by the court based, after the joint trial, on the 3-fold rule under Art. 70 of the RPC. If the totality of the penalties exceed exceed 6 years, no subsidiary imprisonment shall not be imposed, even if the penalty for each of the c rimes is less than 6 years. What are the accessory penalties?  o  RP and RT:   Civil interdiction for life or during period of sentence as the case may be   Perpetual absolute DQ o  PM:   Temporary absolute DQ  

PC:

 

o

Suspension from public office Suspension from right to follow profession or calling Perpetual special DQ from right to suffrage 

  If imprisonment exceeds 18 months AM, Am:   Suspension from office   Suspension of right to suffrage during term of sentence

Art. 45: forfeiture of the proceeds of the crime

 



 



 



 



 



Perpetual absolute DQ from right to suffrage

42

Who has the power to order forfeiture of the proceeds of the crime and the instruments or tools used in the crime? o  Only the trial court which rendered conviction of the accused may order this.  o  But before the court may do so, the tools or instruments must be presented to the court as evidenc evidence. e. Otherwise, the court court has no jurisdiction to order the forfeiture or destruction of such.  o  In case of bribery, the money used may be forfeited in favor of the state.  What if the tool or instrument belongs to some other person? o  The tool or instrument MUST MUST belong to the accu accused sed himself. If it belongs to some other person and he has no involvement in the crime, there can be no such declaration.  Does this provision apply to SPLs? o  Yes.  When may the court order destruction of the items? o   If the items are contraband.  What is the rule under the Dangerous Drugs Act? o  Those subject of the crime, including proceeds derived from drug trafficking, and even money and assets acquired in violation of RA 9165 – deemed and ordered forfeited in favor of the government, unless belonging to third persons without involvement of the crime.   o  Exception to third person rule: if the items are beyond lawful commerce – still forfeited  o  Under Sec. 20 of the same law, the proceeds of the sale or disposition of the property forfeited must be used to pay the

 

expenses incurred in the proceedings including cost of the proceedings 

 



Art. 48: complex crimes

 

o  Attempted murder + murder The accused stabbed the victim with a bolo, and the bolo hit both the person and the p person erson beh behind ind him. The target died. What is the crime?



 



When is Material there a complex o  Plurality  –crime? when  a single act constitutes two or more grave or less grave offenses (delito compuesto  –  composite crime), or when an offense is a necessary means to commit the other (delito complejo – complex crime proper) What is the effect on the penalty?  o  There is only one penalty, although there are multiple crimes o  The more serious crime’s penalty is imposed in maximum period

o

 



 



 

Delito compuesto (first mode)

 





When is there delito compuesto? o

Either dolo or culpa   Ex.: person was convicted for reckless imprudence resulting into homicide and destruction of property o  The felonies resulting from the single act must be felonies in the RPC o  If punishable under the RPC and an SPL, Art. 48 will not apply. The offender may be charged and convicted for both crimes, separately without double jeopardy.   Ex. Estafa and illegal illegal recruitme recruitment nt   Ex. Estafa and BP 22 Can Art. 48 apply if the constituent acts are less grave felony and

 

 



 



 



 



Complex crime of murder and SPI. (Note that as to the second person, it was just SPI because there was no intent to kill him.) The accused forcibly insert his penis into the vagina of the woman and she sustained Less SPI SPI in her vagina. What is the crime?  o  Complex crime of rape with LSPI The accused stabbed his wife to death, and she was 6 months pregnant at the time. What is the crime? o  Complex crime of parricide with unintentional abortion. What is required for delito compuesto?  o  The law is clear: a single act. But the SC sometimes applied

   

o

the single impulse test or the single criminal intent test. Gamboa v. P, cited in P. v. Judge Pineda: there must be singularity of the criminal act, not singularity of the criminal impulse. Because si singularity ngularity of criminal purpose purpose is N NOT OT written in Art. 48. The SC applied single impulse test for the first time: o  X stole on the same occasion 13 cows. SC held: one crime of theft even if there were 13 cows, applying singl single e impulse test. o  Y took two roosters on one occasion. SC held: one crime of theft because it was in response to one criminal impulse. In crimes against chastity, the SC adopted another test: single criminal intent: o  X raped his niece at 10 am, and then again at 11 am at same grassy area. One crime of rape, even though committed in intervals of one hour, because he was motivated by a single criminal intent. o  Y inserted private organ and raped the victim, but he was not content; he also inserted his finger at the same place and at the same occasion. The accused is gu guilty ilty of one count of rape and 2 counts of sexual assault: same place, same occasion. o  Z inserted his penis into the vagina of the victim and made several push and pull movements but without removing his organ, until he he reached or orgasm. gasm. Only one crime of rape,

 

o

 



 



light felony? o  No, light offenses are not included (see excerpt).   If under Art. 48, the maximum of the graver penalty is imposed, is it a special aggravating circumstance? o  No. What if the accused is entitled to a generic mitigating circumstance, will it offset? o  No, unless it is a privileged mitigating circumstance. Supposing one wants to kill another with treachery, but there was abberatio ictus? o  Then the crime committed by the accused is a COMPLEX CRIME.

because he reached orgasm only once then he removed it.

43

 

 

o

W raped his niece once a day and inserted his finger once a day, for 16 successive days days in different location locations. s. Guilty of as many crimes of rape and sexual assault equal to how many times he inserted his organ and finger.

 



o

 

 



 



were many checks. The criminal intent or resolu resolution tion test does not apply because it is mala prohibita.  What about falsification of documents? documents? Must one apply the single criminal intent or resolution test?

Reasoning: there could not be a single criminal intent because each time he committed the crime, was on different days  – the accused was animated by separate criminal intents on each occasion. o  V raped the victim for first time is the pig pen, about 8 meters from the house. Then brought her to the ro room om and raped her again. Then brought victim victim room of cousin, and raped again. again. Brought her to kitchen, where he raped her her again. There were separate criminal intents because he raped the victim in different places although the rapes were done successively. o  What is the test then?    The “place test”  NOTE, however: P v. Escoton: Convicted person for   5 counts of rape even if it was in the same place, and at the same night. Be forewarned that this might be the new rule now (2010 decision). What test will be applied for kidnapping?  Single impulse or single intent? o  Even if the persons were kidnapped on the same occasion and place, there were as many crimes of kidnapping as there were persons.  o  Kidnapping with homicide, K with murder, K with rape are all special complex crimes, and not complex crimes under Art. 48

 

 

o

 

o

 

o

 

o

 

o

X convicted of only one complex crime of estafa through falsification of three postal money orders which she cashed in on the same day. Since it was the same occasion, the acts were considered as only one act of estafa through falsification of commercial document .  Y falsified three three money orde orders rs separately. Here, each act act constitutes a separate crime, because Y was animated by separate impulses, in falsifying each voucher. Z, an employee of the SC, falsified the roll of attorneys. Included 3 names. HELD: As many cr crimes imes of fal falsification sification as there are many persons. X antedates a public document, forges the signatures therein, and changes changes its content. Is he guilty for three counts of falsification of the document?   No. There was only one one crime of falsification of public public document, although there were multiple modes of falsification committed.  Gamboa v. CA: There was no single impulse, intent, or resolution test mentioned in Art. 48. It mentions “a single act.” act.”  Compare to Ilagan v. CA: X is a real estate agent who fraudulently collected from lot buyers, but instead of turning over the proceeds to the corporation, he kept them. How many crimes of estafa did he com commit? mit? 

As far as the lot buyers were concerned , there were as many crimes of estafa as the number of times the petitioner fraudulently collected from the victims.   As far as the corporation is concerned , it depends on obligation to account. If he is obliged to account everyday and he fails to do so, there are as many crimes of estafa as the number of days he failed to account. If he is obliged obliged to account every every month, he is guilty for every month he fails to account. What is the rule for libel? o  Even if two or more persons were subject to libel, if there was  

of the RPC. RPC. Even if the homicide homicide or rap rape e is a mere afterthought, this would be the crime.   If the victim of kidnapping got raped, how many crimes of o  special complex crime of kidnapping and rape? There are as many times of crimes of kidnapping and   rape as the number of persons kidnapped and raped.  o  What is the test then?   “Number of persons”  Will you apply the single criminal intent or resolution test in mala prohibita? o  No. Lim v. P: X issued 3 bo bouncing uncing checks checks on the same

 



only one publication, there is only one crime of libel.  

occasion. There are as many many violations of BP 22 as there

44

 

 



 



What is the rule for adultery? adultery? Is is a ―delito ―delito continuado‖ continuado‖ (continuing crime)? o  Adultery is not a delito continuado. continuado. Each sexual sexual act is an offense. Adultery is consummated consummated and exhausted exhausted at the time

 



of carnal union. Crimes against persons: o  X and Y, constabulary officers, killed around 50 people with guns. What is the crime? crime?   Convicted of complex crime of multiple murder under Art. 48(1), applying single impulse test.  N.B. the  court just resorted to this because they   couldn’t tell who killed who.  There were several killings inside Bilibid prison. What was o  the crime? Decision by J. Aquino: Multiple counts of murder and  

 

o

 

o

 

o

 



 



accused were guilty for as many crimes as how many people were injured. Malversation:  o  There may be a complex crime of malversation through falsification of official documents  – a crime being done to commit another crime. Can you apply Art. 48 to plunder? o  No. Plunder is is unique. One ca cannot nnot apply A Art. rt. 48. Although there maybe some predicate crimes, only ONE CRIME is committed.  Article 48 does not apply to special complex crimes: Ex. robbery with homicide, robbery with rape, robbery with o  intentional mutilation Ex. kidnapping with murder, kidnapping with rape, kidnapping o  with homicide

Delito complejo (second mode)   When is there delito complejo?  o  One felony is the necessary means to facilitate or ensure the commission of another felony. felony. If one felony is indispensable to the commission of another, then Art. 48 DOES NOT apply; there is only one crime. o  Bottom line: Must be necessary but NOT indispensable.   Is it possible that one is delictual and the other is culpable felony?  o  Yes. o  Ex. Cashed check on behalf of an impostor. The employee of the bank did not bother to check, since they are friends.

multiple counts of attempted and frustrated murder.   Again, the SC applied single criminal impulse test. Dissent by J. Makasiar: Read Art. 48  – single act. It   doesn’t say single criminal impulse.  On an MR: J. Aquino reneged, considering J.   Makasiar. If it is  prisoners, apply Art. 48. If NOT prisoners, then separate crimes. This is re really ally strange.  But what MUST be the rule, according to P v. Pineda?   DO NOT APPLY SINGLE IMPULSE TEST. Just read Art. 48: it requires a single act. Several accused had automatic, high powered guns and





killed several several people. When th they ey p pulled ulled the trigger, several bullets shot out. out. What was the crime? crime?    Complex crime of multiple murder and multiple attempted murder. Although several independent acts were done, it was not possible to determine who among them killed how many victims.   The accused showed a single criminal impulse based on the statement “my gosh, di natin napatay lahat.”   The SC also used conspiracy as basis. But see P v. Dalmacio: Armalite guns fired successively, and explosives, killed killed several and seriously seriously wounded others. The

Due to the employee’s failure to asce rtain identity of payee, there was Estafa through falsification falsification by culpa. The latter was the means to commit the f ormer. o  Why can a public document be falsified through culpa?   Because for official or mercantile documents, there is no need to prove that there is intent to cause damage.    The intent to cause damage is only required for private document. document. Therefore, there is no falsific falsification ation through culpa for private documents. What about forcible abduction with rape: related with Art. 342 and rape/sexual assault (Art. 366-A)? o

 

 



45

 

 

Take into account absorption absorption of felonies. If the intention was to rape, and the victim was brought to a place in light of rape, then there is rape only  – abduction is absorbed by rape. But there may be a complex crime of forcible abduction with

kept the wages for for herself. Can one apply A Art. rt. 48(2) for estafa through falsification of private document? o  No. There can can be no complex cri crime me of est estafa afa through falsification of a private document, because the latter must

rape. What are these cases where it not absorbed and when it is absorbed?    Ex. Victim abducted and brought to grassy area near her house, where where she was was raped. Abduction was absorbed since it was near her house.   Ex. Brought to place place 600m from her house, where she was raped. raped. Abduction was STILL absorbed by rape.   Ex.: Abducted to place 100m from her house  –  forcible abduction with rape. What is determinative?  SPECIFIC INTENTION OF OFFENDER AND NOT THE DISTANCE o  What if there was abduction, and then there were three rapes done after?    The moment the first rape was committed, then forcible abduction abduction with rape was was consummated. So the second and third rapes were SEPARATE crimes. There is one complex crime, two separate simple crimes. (This is en banc decision.)   But there are some commentators that say that the subsequent rapes must be absorbed since abduction is a continuing crime. If the accused abducted two women at the same time, and then

have 1. Intent to cause damage, and 2. Damage Damage caused. For estafa, the same same elements must apply. The moment the falsification was established by intent to cause damage, the same element CAN NO LONGER BE USED to establish estafa. o  The crime instead instead is falsificatio falsification n of private docume document. nt. If the estafa can be committed without the falsification, the proper charge is estafa. Art. 48 does not apply. apply. o  If it is falsification of public or mercantile document, can there be complex crime of estafa through falsification of public document?    Yes. Is coup d’etat a political crime?  o  Yes.  o  Political crimes are those directly aimed against the political order. Any common crime commi committed tted in further furtherance ance of a political crime is absorbed.  o  The common crimes are absorbed because they are necessary to achieve the political purpose. o  What about illegal possession of firearms?   Yes, it is absorbed. See RA 8294. Art. 48 is for the benefit of the offender, under the p r o r e o    principle. How so?  o   Because even if there are two crimes committed, the law only punishes the offender for one, although it is in the maximum period. In the eyes of the law, the two crimes crimes stem from a single criminal intent  – this is less perverse in the eyes of the law compared to punishing him for two crimes. Does this apply to the second part of Article 48? o    Yes, because the first act was only a means done to commit the second crime. crime. There is still one one criminal resolution.  o  How did the SC reason this out in P v. Hernandez? Absorption in political crimes.   

o

 

o

 



 



 



 



 



 



raped both? o  Guilty of TWO counts of forcible abduction with rape.  Can robbery with force upon things be taken together with robbery with violence against persons as a complex crime?  o  Yes. The former can be a me means ans to commit the latter. When does delito complejo not apply? o  1. Indispensable to the second crime o  2. Essential element or mode of committing another felony o  3. Merged with another crime o  4. Felony is committed to conceal another crime A company officer falsified two private documents to make it appear that there were two extra employees, even if she really just

46

 

 

Read the dissent of J. Montemayor. He said that  pro reo should not apply to the second paragraph because he committed two crimes, unlike in the first paragraph. 

Application of penalties

 



What are the rules in reduction of the penalties provided under law?  o  Consult the following table:

 

 



 



 



 



 



The majority rejected this by pointing out that both means were included included in the same prov provision. ision. If the treatment for the second paragraph must be different, then it should have been placed in a different provision.  How do you define grave and less grave offense? o  Grave: afflictive or capital  o  Less grave: corrective  Does 48 apply if one crime is under RPC and one is SPL? o  No. It mentioned “felonies.”  o  So punish them separately. Ex. violated estafa and BP 22. 

Consummated

Frustrated

Attempted

Principal

As provided

-1

-2

Accomplice

-1

-2

-3

Accessory

-2

-3

-4

 



If one is under RPC and ordinance? o  No. Punished under both the RPC RPC and the ordinance violated. violated.   Can there be a complex crime of arson and homicide? o  No. It’s either only simple simple arson or simple homicide. homicide. NEVER complex. Look at intent.  What is the penalty for a complex crime? o  Penalty for the more serious crime, applied in its maximum period. 

Art. 49: penalty for error in personae

 



To which situation does Article 49 apply to?  o  Only error in personae. N.B. aberratio ictus and praeter intentionem both attract the application of Article 48 instead. What is the penalty for praeter intentionem?  o  1. If the penalty for the f elony actually committed is higher than that which he originally intended, the penalty of the latter in its maximum period. o  2. If the penalty for the felony actually committed is lower than that which he originally intended, the penalty of the former in its maximum period. o  3. If the act actually committed is an attempt or frustration of another crime which has a higher penalty if consummated, the

 

o

 



 



What are the rules on reduction of penalties?  o  1. Single and indivisible penalty  next lower penalty   Ex. RP  RT o  2. Penalty is two indivisible penalties or one or more divisible penalties imposed to their full extent  penalty next lower in degree as to the lower divisible penalty   Ex. PM to RT  PC o  3. Penalty is one/two indivisible penalty and maximum period of another divisible penalty  medium and minimum periods of the proper divisible penalty and the maximum period of the next lower   Ex. RT in maximum to Death  PM in maximum to RT in medium o  4. Several periods corresponding to different divisible penalties  period following the minimum prescribed and the two next following   Ex. PM in medium to RT in minimum  PC in medium to PM in minimum What are the rules on MCs and ACs? o  1. If the AC is taking advantage of public position:    Impose penalty in its maximum regardless of MCs  o  2. If the crime was committed by a person belonging to an organized or syndicated crime group ( group of 2 or more  persons collaborating, confederating, or mutually helping each other for purposes of gain in commission of crime   there must be an organized group, and not j ust a conspiracy ))::    Impose penalty in its maximum as well regardless of MCs 

penalty of the attempt or frustration in its maximum period.

47

 

 

o

 

3. ACs and MCs which arise from moral attributes of offender, private relations with offended party, or other personal causes:    Will only aggravate or mitigate liability of those to whom the circumstances apply to  

o

 

o

o

o

4. ACs and MCs which consist in the material execution/means to accomplish the act     Will only aggravate or mitigate liability of those had knowledge of them at the time of execution or cooperation Why are abuse of public position and crime by syndicate/organized syndicate/organ ized crime group special ACs? o  It cannot be offset by generic mitigating circumstance circumstances s  What is the rule for habitual delinquents? rd o  3 conviction:   Penalty for last crime + PC in medium and maximum

 

 



 



 



th periods 4 conviction: Penalty for last crime + PM in minimum and medium   th o  5 conviction or oftener:   Penalty for last crime + PM in maximum to RT in minimum o  What is the maximum period imposable for habitual delinquents?    Cannot exceed 30 years, in any case What is the penalty for impossible crimes? o  Arresto mayor or fine of 200-500  o  There is some commentary that the penalty for impossible crime does not apply for light penalties (or else, the penalty for the impossible crime would be greater than the crime itself) What is the rule for single indivisible penalties (now, only RP)?  o  Apply it in full, regardless of MCs or ACs. o  What is the exception?    Privileged MCs. What are the rules applicable for MCs and ACs when the penalty is divisible? o  1. No AC, no MC:     Medium period  o  2. MC only: 

 



 



 

other are not taken into What two if the accused is account. sentenced to reclusion perpetua, has two generic MC, and n no o AC. Can it be lowered by one degree?   No. No matter how many MCs there are, RP cannot be reduced by degrees (except privileged MCs) o  To which crime do these rules not apply to, and what applies instead?   To quasi-offenses quasi-offenses under Art. 365. Instead, the court will apply its sound discretion for modifying circumstances instead of these rules.   What to make of Art. 67 which applies to incomplete exempting circumstance of accident?  o  Article 67 is inoperative. Apply Art. 365 instead, because because incomplete accident is a quasi-offense. When do the regular provisions on calculation of penalty not apply?  o  For the privileged mitigating circumstance in Art. 68 of minority (if 15-18 and acted with discernment). But what if the minor commits a SPL, which does not o  follow nomenclature of RPC?    The minor is not entitled to privileged MC.  

 

 

5. Two or more MC with no AC:    Lower the penalty one degree, but always in the proper period    What if there are 2 or more MCs, but there is at least one AC?   No lowering by degree.    What if there are 2 or more ACs?   No increasing by by degree. There can onl only y be reduction by degree, not increase by degree.    Ex. if there are four mitigating circumstances, once you use two to lower the penalty by one degree, the 

o



3. AC only:    Maximum period  4. Some of both:    Offset, then apply the above 3 r ules 



 



 



Minimum period 

 

48

Ex. Life imprisonment in Illegal Recruitment

 

 



 

What is the rule for incomplete justifying or exempting circumstances?  See discussion above when to reduce it by one or two o  degrees. Take note that this iis s a privileged MC and and cannot be

 





offset by ACs.  Penalty of fine

 



 



 



 



 



 



 



 



Yes. Penalty of fine does not go to the offended party but the State. What if the penalty is death? o  Reduced to RP with no parole.   o

 

What two factors are considered by the court in imposing fines within a range?  o  1. Presence of MCs or ACs. o  2. Wealth or means of the culprit. What are the scenarios? o  Either the law imposes a penalty of fine o  OR penalty of fine AND imprisonment o  OR penalty of fine or imprisonment For example, what If the law provides for a penalty of fine of not less than 50K to 100K, what can the court impose?  o  The court has discretion to impose a fine within these bounds Will you apply the ISL by analogy?  o  No. It does not apply apply here. If the law specifies penalty of fine OR penalty of imprisonment (Ex. BP 22), can the court impose a similar alternative penalty? o  No. The court must make a definite definite choice. What are the rules in the increase or decrease in the degree of the fine? o  Increase or reduce (as the case may be), the maximum by th 1/4 of the maximum amount. amount. But never change the minimum. o   Ex. 50K to 100K, and there is an AC, then it can be 50K to 125K (1/4 of 100K), or 50K to 75K. Can the judge impose a fine as a substitute penalty to imprisonment? o  No. Fine cannot be u used sed as as substi substitute tute penalty penalty to imprisonment. Penalty of fine is indepen independent dent from penalty of imprisonment. Accused drew and issued a check to pay for an obligation, but it bounced. He was charged for BP 22. During trial, accused p paid aid the value of the check. So there was no more damage to the complainant, but the case was was already pending. May the accused

What is the rule on successive service of sentences? o  1. If they can be served simultaneously, then do so.  o  2. Otherwise:    Follow respective order of severity, serve them successively  What is the order of severity?     D, RP, RT, PM, PC, AM, Am, destierro, perpetual absolute DQ, temporary absolute DQ, suspension, public censure   What is the 3-fold rule? o    Maximum duration of the sentence cannot be more 

 



 



 



be convicted for a fine still?

than 3-times the length of time of the most severe penalty.    For RP, treat its duration as 30 years, in calculating the three-fold rule.  o  What is the maximum period for sentences?   Always 40 years.    Do not include subsidiary imprisonment penalty in t he computation of 40 years. What are the penalties that can be served simultaneously with penalty of imprisonment? o  1. Perpetual absolute DQ o  2. Perpetual special DQ o  3. Temporary absolute DQ o  4. Temporary special DQ o  5. Suspension o  6. Public censure o  7. Fine o  8. Bond to keep the peace o  9. Civil interdiction Can destierro be imposed as the same time as imprisonment?  o  No. Imprisonment  must be served by the convict successively successively,, following the order of their severity, as provided for by Art. 71 o

 

49

2nd sentence does not commence until after the first expires.

 

 



 



 



 





 

 

What is the rule on execution of penalties? o  No penalty executed except by virtue of final judgment  When can public censure not be imposed? o  If the person is acquitted, cannot anymore be subjected to



 



public censure. Judge sentenced accused to 25 years RP; can he be compelled to serve sentence? o  No. There is no such such sentence as 25 years of RP; just just RP (indivisible). o  Remedy: writ of habeas corpus. What if the convict becomes insane or an imbecile? o  Suspend service of sentence and sent to hospital for necessary treatment o  But the civil liability should still be enforced in spite of insanity or imbecility of the person.

 



What is the nature of destierro? o  Not permitted to enter the places mentioned in the sentence and within radius specified  – which shall be from 25-250 KM from the place specified. 

 



Civil liabilities

 



 



 



A minor is exempt from criminal criminal liability. Can the minor be held civilly liable? o  No. The minor is also exempt from civil liability. The parents/guardians parents/guardian s are civilly liable.  o  Relate with Art. 221 in Family Code:   Parents/guardians with parental authority are civilly liable for the injuries and damages caused by the acts/omissions of minors living in their company and under their parental authority   Subject to proper defenses under law Does a complex crime under Art. 48 automatically mean there is only one civil liability? o  No. There are still as many many civil liabilities liabilities as crimes, becau because se Art.48 is strictly a pro reo provision in criminal law and does not extend to civil liabilities.  Is the adopter civilly liable for the damage caused by the adopted minor? o

 

 



 



Yes.  

50

What are the requirements for the employer to be civilly liable for damage caused by their employees? o  The employee has to be insolvent.  Is a teacher liable for student’s acts?  o   Only when engaged in industry.  Mere consulting doctors in a hospital negligently left gauze in the stomach of a person they operated operated on. Is the hospital liable? Respondeat superior    because there was control exerted by o  the hospital o  Are these consultants deemed employees?   Yes. Because employe employer-employee r-employee relationship relationship is not determined by the nomenclature of the relationship. o  For medical negligence cases, an employer-employee relationship exists between hospitals and their attending physicians, including medical consultants.    Ratio: The performance of these doctors is evaluated by a peer review board based on feedback from patients and mortality statistics. statistics. The private hospi hospitals tals can hire/fire/exercise control over the consultants.   The hospital is owned by a private corp corporation. oration. Is the private corporation civilly liable for the negligence of the consultantdoctors? o  If a hospital is owned by a private corporation, such corporation may be held liable on the basis of corporate negligence or corporate resp responsibility. onsibility. As the owner of the hospital, the private corporation is duty-bound to see to it that the hospital meets the needs of the patients, including close supervision over medical staff, including consultants.  When can the employer be exempted from subsidiary liability, or have it lessened? o  If there is collusion between employee and private complainant, ex. the claim is inflated, in order for the employer to have more liability.  In order for employer to be liable, what proof is needed? o  There must be proof proof that the employee is insolven insolvent. t. This is proven through returns of the sheriff.   o  Can the employer challenge the sheriff’s returns?    Yes. 

 

 

 

At what stage of the proceedings can the employer do this? Upon the submission of the sheriff’s return.     If the employee is convicted based on reasonable doubt, is there

o

o

 



 



 



 



 



 



 



civil liability for the employer? o  Yes. The only time there is no civil lia liability bility is when the court holds that the accused did not commit the acts on which the charge was based on.  What is the rule on registered vehicles? o  Regardless of who the actual owner of the motor vehicle might be, the registered owner is the operator of the same with respect to the public or third persons. persons. The owner on reco record rd is the employer of the driver; the actual operator and owner are mere agents of the registered owner of t he vehicle.  o  The registered owner is subsidarily liable (not the lessee), but

 



 



the registered owner can recover from the lessee.   When are civil liabilities applicable? o  Whether the offense is punishable punishable by law or not. (Because it can be based based on contracts or or quasi-delicts). quasi-delicts). There may be victimless crimes or crimes with victims.   What is the rule for civil liabilities arising from criminal offenses? o  The moment the criminal action is instituted, the civil action is instituted along with it.   Can there be civil penalties for crimes defined by SPL? o  Yes; however, there must be evidence that a party, including the government, sustained substantial injury so that the accused may be civilly liable. If a crime is absorbed by another crime, can there be civil liability in the absorbed crime, juridically speaking? o  Yes.   Ex. for political crimes like rebellion, sedition, etc. there can be murder or rape. These are absorbed by the political crime; nevertheless, there is civil liability for these acts.   Ex. there is criminal liability for homicide, even if absorbed by arson. X issued a post-dated check in payment payment of a current obligation. It bounced. How many crimes? 

 

o

 



 



 



Two: BP 22 and estafa.

51

Will X have to pay twice for the value of the check, considering there is only one check?   No. Even if there were were two crimes, there was only one check, thus there should only be one payment of

the check. What is restitution, and what are its rules? o  Must return the thing itself if possible, with allowance for deterioration or diminution of value o  What if a t hird person acquired a property that was subject of crime?   Offended party can still recover the item from that person   But the buyer in GF is entitled to reimbursement from thief or criminal. If the stolen property cannot be returned anymore, what is the

remedy? o  Value of the thing taken.   When do you determine determine value? At time of commission of o  crime or upon order of return?   Rationale is to bring back the situation to before the crime was committed. committed. Value of the property in the commission of the crime must be the basis. What is reparation?  o  The court must determine the amount of damage, taking into consideration the price of the thing, if possible, and special sentimental value to the injured party. What other liabilities aside from restitution and reparation? o  Under NCC, for one to be able to recover actual damages, he must be able to prove by documentary evidence the actual damages sustained by him  o  If he cannot prove actual value of actual damages, what must one prove to be entitled to temperate damages?   Claimant need not prove actual amount, as long as there is proof that there is loss.    Court may grant temperate damages, as long as reasonable.  P v. Billaber: In a charge for illegal recruitment, the money paid by the applicant (placement fee, etc.),

 

 

 

12% interest on the return of the amount paid from time of filing of the case until the amount has been paid. Palana v. P: The petition was was convicted for BP 22. Ordered to pay to offended party the amount of check with interest (6%) from filing of

o

o

 



 



 

o

information until the finality of the decision + 12% per annum from finality of decision until the amount was paid. What are the rules for actual damages? o  1. For crimes and quasi-delicts  liable for all natural and probable consequences consequences of the act or omission o  2. Liability may be increased or decreased depending on aggravating or mitigating circumstances o  What damages may be recovered?    Actual or compensatory, moral, exemplary, temperate, nominal, etc.   Reparation, restitution, indemnification for

 

 



 



  Yes. “It is an anti-social act.”  Can relationship be the basis to grant exemplary damages?   Yes. Relationsh Relationship ip may be a basis for granting exemplary damages even if it is an inherent element of the crime (ex. parricide). When are temperate damages recoverable? o  The heirs of a deceased in homicide, murder, parricide are entitled to actual damages, as proved by requisite documentary evidence. evidence. If the actual damages are not proved, the court may prove temperate damages.

 

o

 



Check Annex 1 for detailed numbers on civil liabilities liabilities  

consequential damages Not only actually value lost, but also lost profits. Under what circumstances can moral damages be recovered? o  1. Crimes leading to physical injuries   Includes death o  2. Quasi-delicts o  3. Seduction, abduction, rape, or other lascivious acts o  4. Adultery or concubinage o  5. Illegal or arbitrary detention, arrest, or search o  6. Libel, slander, or defamation When are exemplary damages imposed? o  When a crime has one or more ACs, exemplary damages may be imposed In criminal law, an AC not alleged in the information cannot be considered . Does the same rule apply for ACs, which can be the basis of exemplary damages under the NCC?  o  No. The word “aggravating” in NCC should be applied in its generic sense since since it does not distingui distinguish. sh. Includes specific specific aggravating, qualifying qualifying circumstances, circumstances, etc. These are distinct distinct and separate from penalty of fine in the RPC. o  Even if not alleged in the complaint or information , if proven = can lead to exemplary damages. damages. The rule is under the N NCC CC and not the RPC, after all.  



Ex. Even if treachery is a qualifying circumstance under AR 248, it can be treated as a generic aggravating circumstance for the purpose of imposing exemplary damages May exemplary damages be awarded in arson? 

MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY  Extinction of criminal liability

 



 





 

52

How is criminal liability extinguished? o  1. Death of the convict as to personal penalties    For pecuniary penalties, if death of the offender occurs before final judgment  o  2. Service of the sentence  o  3. Amnesty  o  4. Absolute pardon  o  5. Prescription of the crime  o  6. Prescription of the penalty  o  7. Marriage of offended party as provided in Article 344 of the RPC  When does death extinguish the civil liability of the accused and when does it not? o  When the civil liability arises from the criminal act.   Civil liability of accused extinguished by death includes duty to restitute the proceeds of the crime.   o  But civil liability predicated on a source other than the delict survives. In this case, it can be executed executed against the estate.  Contrast absolute pardon from amnesty:

 

 

o

 

Pardon: does not look back; looks to the future and is not retrospective    If he is pardoned and commits a crime of the same title, he is still a recidivist 



Amnesty: everything is extinguished  Pardon is a private act of the President and must be proved by the accused, unlike amnesty, where the court can take judicial notice because it is a public act with the concurrence of Congress.  o  Effects on right to suffrage and right to hold public office:   Absolute pardon granted by President restores civil rights, but for these two specific rights (suffrage and holding public office), it must be specifically  granted by the pardon  What is the rule on pardon under Art. 344? o  The party may pardon crimeoffended of concubinage andgrant adultery.   to both offenders, in the o  Offended party may pardon before institution of criminal complaint. o  If there is conviction by final judgment, the President may grant PARDON EVEN IF it is a private crime. When does marriage become a condonation? o  Under 8353, the marriage between offender and offended party in rape or sexual assault will extinguish criminal liability imposed . and the penalty already imposed  o  So even if the marriage happened during service of sentence, the penalty already imposed is extinguished. o   Supposing there are 3 accused: principal by direct participation, principal by indispensable cooperation, and an accomplice  – if there is marriage between principal by direct participation, does this extinguish liability for the other accused?   Yes, they are benefited. This was was the intent of the Senate when they removed the original proviso stating that the co-principal, accomplice, and accessory do not benefit (through Sen. Enrile’s statement).  o

   

 

o

 



 





Suppose an accused made perjurious statements in a petition for naturalization. He was found out. He dec decided ided to withdraw the petition for naturalization. naturalization. Does this exting extinguish uish liability? o  No. This extinguishes extinguishes merely the application application but not the liability for a crime already committed  What is the amnesty period rule under BP 22? o  For BP 22, when a check was issued, there were no funds. But when presented, there already were funds  No liability in this case.  o  If there were still no funds when presented, there is “amnesty period” for 5 days days to pay. If paid  No liability. 

Prescription of crimes 

 



 



 



 



 



When do crimes prescribe? o  Death, RP, RT  20 years  o  PM, other afflictive penalties  15 years  o  Correctional penalties  10 years  o  AM  5 years  o  Light offenses  2 months  o  Libel and similar offenses  1 year  o  Oral defamation, slander by deed  6 months  N.B. Remember 20y-10y-2m as the usual rule; then remember o  that the two “mayors” are 5y less than their brethren. Remember, finally, that libel and slander are 1 year and 6 months, respectively. If the penalty imposed on the convict is a compound one, what is the basis for prescription? o   The highest penalty. What is the nature of destierro? o  Destierro is correctional: prescribes in 10 years What should be considered to determine whether the crime has prescribed or not? o  1. Period of the offense charged o  2. Period when it begins to run   o  3. Period when it is interrupted  Act 3326: the law defining how to compute prescription for crimes under SPL  o  But there are SPLs that themselves provide for manner of

computing prescription 

53

 

 



    o  o 

o  Ex. OEC  5 years  What is the rule under Act 3326? o  Prescriptive period: from when it is known to the offended party or to the State or agents 

o

o

   

 

 

 



 



o

 



 



Procedure?    When it is filed directly with the court   Or when it is filed with the prosecutor o  2. Offender is outside the Philippines  – this does not contemplate very brief trips abroad When does the period resume? o  1. When proceedings terminate without the accused being convicted or acquitted  o  2. When proceedings are unjustifiably stopped for reasons not imputable to the accused   How about continuing crime? When does period being to run? o  Prescriptive periodisruns after the(ex. occurrence of the act.   Supposing a document executed REM) and it LAST is falsified. When does the period run? o  For documents required to be filed with the Reg. of Deeds, period begins to run upon filing with the ROD.   But what is the rule for marriage? o  Prescriptive period should begin to run from when State or agents or offended party acquired actual knowledge of the second marriage. Unlike property registration , registration of marriage is not constructive knowledge of marriage.

o

 



 

o



 



 



 



 



 

3. Goes to foreign country where the Philippines has no extradition treaty  4. Commits another crime before expiration of period 

Indeterminate Sentence Law

 



 



 



 



Prescription of penalties 

Light penalties  1 year  N.B. This differs from prescription of crimes in the ff ways:    1. RT drops from 20 years to 15 years   2. Light penalties increase from 2 months to 1 year   3. Libel and slander have no special periods When does prescription of penalties start to run?  o  The prescriptive period for penalties begins to toll when the accused commits the crime of evasion of service of sentence. When is it interrupted? o  1. Defendant surrenders  o  2. Defendant captured  o

If not known when committed, when discovered by the offended party or the State or its agents  What do you mean by offended party? o  Private party or government or its agents   When does the period start running? o  When crime is discovered by the offended party, authorities, their agents  When is the period interrupted? o  1. Counted when complaint filed for preliminary investigation with public prosecutor or the OMB.   What if it’s a crime punishable under Summary o



Death and RP  20 years  RT, PM, other afflictive penalties  15 years  Correctional penalties  10 years  AM  5 years 

What are the prescriptive periods for penalties?

What is the nature and purpose of the ISL? o  For benefit of convict, and to increase economic contribution. contribution. o  Purpose: to individualize the administration of Phil. penal law.   o  Looks at convict as private individual, and secondly as member of society as a whole.   o  The State is concerned not only in protecting social organization against criminal acts of destructive individuals individuals,, but also in redeeming the individual for economic usefulness and other social ends.  What is the court’s role under the ISL?  o  Court must determine the maximum of the indeterminate penalty, and then the minimum.  How is the maximum determined?  o  Consider modifying modifying circumstances. circumstances. Note that the pr privileged ivileged mitigating circumstances must first be considered. How is the minimum determined? o  Minimum is one degree lower than that provided by the RPC. o  The minimum is within the whole range of the next lower penalty, not necessarily in the same period as the maximum

54

 

 

o

 



 



 



 



 



 

penalty. Thus, the period of the minimum and max maximum imum need not be the same. Minimum: court has unlimited discretion within the range of the minimum of the penalty one degree lower than the penalty

o

   

o

o

imposed by law Who cannot avail of ISL? o   [grave crimes]   o  1. Convicted and punished with death, life imprisonment, RP   For the purpose of ISL, life imprisonment and RP are synonymous. o  2. Committed: Treason, misprision of treason, proposal to commit   treason;   Rebellion, sedition, espionage;   Piracy o   [personal circumstances]   o  3. Habitual delinquent o  4. Escaped confinement or evaded sentence o  5. Violated conditional pardon o   [too short]   o  6. Maximum term of not more than one year o  7. Those already sentenced by FJ upon passage of Act Obviously not applicable now, since those   incarcerated then are now dead or out of prison  Does ISL apply to fines?  o  No, the ISL does not apply because it applies only to penalty of imprisonment with divisible penalty. There are laws which expressly provide that the convict is not entitled to the benefits of the ISL and parole. parole. Ex. terrorism law. When can a straight penalty be imposed? o  When BOTH minimum and maximum durations of imprisonment are less than 1 year (outside coverage of the ISL). For instance, in this case, case, the maximum was four months and one day. The court impose imposed d a straight penalty of 60 days. What is parole?  o  When the person serves the minimum of the ISL, he may apply for parole. He will be allowed to leave the penal penal institution under certain conditions. (Ex. do not commit crime, etc.)

 



Offenders who commit crimes while on parole are disqualified from ISL. This lasts for a certain period of time. If he complies with the conditions of the parole, the Board of

Pardons and Parole will give out final release and discharge. What if the offense is punished under an SPL with a definite range provided for the penalty? o  The court still imposes an indeterminate sentence, using the minimum and maximum periods provided by the law as limits.

Probation Law

 



 



 



What are the conditions that should accompany a grant of probation? o  Mandatory conditions:    1. Report to designated probation officer within 72 hours after receipt of order     2. Report periodically to the officer at least once a month or sooner, as determined by the officer   o  Discretionary: the court will specify these   What is a penalty subject to probation? o  Must not exceed 6 years (PC).   o  Fine must not be 200 pesos or more.  Who are disqualified from probation?  [Type of conviction]   o  o  1. Sentenced to maximum term of more than 6 years   o  2. Convicted of subversion or any crime against national security or public order 

  3. Those who have perfected appeal     [Had prior record]   o  4. Previously convicted by FJ of offense punished by imprisonment not less than 1 month and 1 day and/or fine not less than 200  o  5. Once been on probation   [Not likely to be applicable]   o  o  5. Already serving sentence upon effectivity of probation law     Again, this is unlikely to apply now   Differentiate disqualification from denial: o  Denial is when a person is qualified for probation but it is not o

o

 



granted because of, for instance, dubiety in character. 

55

 

 

I: CRIMES AGAINST NATIONAL SECURITY

Note that probation is a privilege, privilege, not a right. Even if you are not disqualified, it doesn’t mean you are automatically qualified.  What is the number one rule? o

 



TREASON (114)

 



o

if you file appeal, you lose lose benefit of probation. If you file for probation, you cannot appeal. When must application for probation be filed? o  Within period for perfection of an appeal.  What is the effect of probation? o  1. The sentence is suspended  o  2. If the probation is violated, the entire sentence is served What is the rule on Probation of minors? o  If the minor is incorrigible, then he will serve the penalty of imprisonment. But he is still e entitled ntitled to probation. How did R.A. 9344 amend the Probation Law?

 

 

 



 



 



 



o

Because normally if you appeal, appeal, you lose probation. But under 9344, it is allowed.  X was sentenced for three crimes, tried jointly. jointly. Each had less than a 6 year year penalty. If you add them all up, however, they exceed 6 years. Does probation apply? o  Yes. By a vote of 8-7, the SC said he is entitled to probation. The penalty for EACH crime is considered, not all the crimes. X was convicted of frustrated homici de (PM). He appealed to CA, which affirmed, affirmed, but with modification modifications. s. He filed petition for probation but was was denied for appe appealing. aling. He claimed he did not appeal from CA decision. Is X entitled to probation?  o  No because trialprobation, court, not the CA. “appeal” that matters is appeal from the What is the additional rule in RA 9372?  o  Those who commit terrorism are not entitled to probation. What is the remedy if the court denied petition for probation? o  If there was GADALEJ, the remedy is Rule 65 (Certiorari) Soriano v. CA: In the probation that was granted, a condition condition was that he has to submit a program of payment for the civil liability. He did not pay. The probation was revoked revoked for failure to comply. Went to the CA: “unconstitutional because he is being imprisoned for nonpayment of  debt” HELD: HELD: Wrong contention! Imprisoned for not complying for condition of probation, not for nonpayment.

 

 



 



 



 



 



Treason differs from other crimes, because all persons are regarded as principals. Those aid aiding ing or ab abetting, etting, or ev even en those not present in the scene but playing just a small part are considered principals. o  N.B. This is the only provision in the RPC that is based on the constitution of the US (Art 3, Sec 3), and not borrowed from Spain. This includes includes the need to either have:   Testimony of two witnesses to the same overt act   Or confession in open court How can a person commit treason?  o  1. Levying war against the Philippines Philippines o  2. Adhering to the enemy, by giving aid or comfort Why must there be an overt act of giving aid or comfort?  o  Requirement of overt act of giving aid or comfort is to make sure that the crime of treason has moved from the realm of thought to the realm of action. o  In a case, does the mere act of X of letting his Germanaligned son stay in his house constitute the overt act of giving aid and comfort?   Yes.  What is the purpose of the two-witness rule? o  To prevent the possible fabrication of evidence to prosecute a person. Quantity of witnes witnesses ses is not enough; enough; the witnesses

 

o



What is the nature of treason? 

 



 



 



 



must be credible. Each witness mus mustt testify to the same overt act. o  What if the acts are separable?    If the acts are separable, there must be at least two witnesses for each separable act.   No need to have to prove the entire composite act; enough to have witnesses prove each component. When is there no need for the two witnesses?  o  If there is confession in open court, then no need for two witnesses. Is offering comfort women to enemy soldiers giving aid and

comfort? 

56

 

 

o

 

o

P v. Perez: Getting women to satisfy sexual urges of enemy soldiers is not giving aid and comfort to the enemy. P v. Lozano: Sexual and social relations with Japanese soldiers do not materially improve their war effort.

N.B. J. Callejo disagrees.  He thinks this is giving aid and comfort to the enemy. Can aid and comfort be made by speech?  o  Yes. Aid and comfort may be made by speech. Does the ISL apply? o  No. The ISL does not apply to treason. There is a specifi specific c provision. Is treason delito  c o n t i n u a d o ?    Delito  continuado contemplates a series of acts o  Yes. committed over time, but only instigated by a single criminal  resolution. o

 

 



 



 



 

Is treason a specific intent crime?  o  Yes. The specific intent is to deliver the country to the enemy. enemy.   o  If you don’t intend to deliver the country to an enemy, then it is mere rebellion 

 

Aliens may also be guilty of treason. Under what circumsta circumstances? nces?  o  If they are residents of the Philippines, because as resident aliens, they owe temporary allegiance allegiance to the Philippines. While they are here, they are under the protection of the Philippines.  Treason is a war crime. Explain.  o  It cannot be committed during during time of peace. peace. It may be incubated during time of peace, but once war commences, treason may blossom into a crime (only then).   What is the relationship between treason and common crimes?  o  Treason absorbs common crimes.  Is there a complex crime of treason with rape, murder, etc.? 





 



 



 



o

Either a single act, or a series of acts impelled by a single criminal intent. Is dual citizenship a defense?  o  No. Dual citizenship citizenship is not a defense. There must have have been a prior renunciation of the Filipino citizenship, and if this is not done, one commits treason.  Can treason be committed when a State is occupied? o  Yes, as long as it remains the de jure government, as when the Japanese occupied the PI.  There are those who hid the principals in treason or helped them by giving arms. arms. Can there be accomplices accomplices or acces accessories sories in

o

 

 



 



 



No. It is a political political crime, an and d thus absorbs absorbs these other component acts. These are esse essential ntial elements of the cri crime me of treason; without these, treason could not be committed.  What do you mean by levying war? Is the mere asse assemblage mblage of armed men with capacity to overthrow the government enough or is there a need to strike?  o  Levying of war means an armed body of men, committing acts of violence for purpose of overthrowing the government.  o  There must be an actual assemblage of men for the purpose of executing treasonous treasonous design by force. They must be in suc such ha position that they may ov overthrow erthrow the government. government. It is not

 

 



 

 



 



treason? are they all performed principals?an overt act, there is an act of o  AsOrlong as you treason already. There can be no accompl accomplice ice or accessory in the crime of treason.   Do exempting circumstances apply?  o  Yes. Article 12 defenses APPLY. (Uncontrollable fear, etc.) o  A minor who committed treason is still entitled to privileged mitigating circumstance of minority. Are Articles 13 and 14 applicable to treason?  o  No. The penalty does not dep depend end on 13 or 14, but on the nature of the crime committed. committed. The SC will not not apply 13 and 14, and will just assess the crime, according to its barbarity. 

 



 



even necessary be armed by high powered arms, the but it is enough that that theythey constitute enough men to overthrow government.  o  Mere conspiracy to overthrow is not enough ( see conspiracy to commit treason).  What is the second mode of committing treason?  o  1. Adhering to enemy  o  2. Through giving aid and comfort  o  N.B. BOTH elements must concur. Without one, there is no no treason by the second second mode. He must translate this to overt overt acts.  There is difference in quantum of evidence to prove adherence and to prove the overt act. Explain. 

57

 

   

o o



 

 



The offenders offenders committed fiv five e overt acts. Must the pros prosecution ecution prove all five with two witnesses?  o  No. They can prove even even just one.  o  But note that the witnesses must be credible.  Is the use of unlicensed firearms aggravating?  o  No. 

CONSPIRACY AND PROPOSAL TO COMMIT TREASON (115)

   

Conspiracy or proposal to commit treason is a crime in itself. What if they actually commit treason?  o  If they actually commit treason, these crimes lose their juridical

 

and become Is this a personality war-time crime only?  mere modes. o  No. Conspiracy and proposal to commit treason MAY be committed during time of peace.

 



MISPRISION OF TREASON (116)

 



 



 



 



 





 

 

Adherence may be proved by direct or circumstantial evidence.  The overt act, however, must comply with the two-witness rule, because treason is such a heavy crime, in order to prove it, there is a higher bar.  

o

 

o

 



o   2. Fails to report it to governor/mayor or fiscal How much time? o  Depends on circumstances. Who can commit this crime?  o  ONLY committed by Filipinos, not foreigne foreigners. rs. Thus, dual  citizens, who are foreigners too, may NOT be liable for misprision of treason. o  N.B. compare to treason itself: even dual citizens can commit treason Does the two-witness rule apply?  o  No.

Differentiate this from accessories-after-the-fa accessories-after-the-fact: ct:

in treason. This statement is b based ased on a UK case. What is the punishment? o  Punished two degrees lower than treason, since the person who committed misprision is “punished as an accessory to treason.” But he is still a principal of misprision misprision of treason. 

ESPIONAGE (117)

 



 



 



What is the nature of this crime? o  Felony by omission. o  Gravamen of crime: W ILLFUL or MALICIOUS concealment. o  It is a crime by dolo although a felony by omission. Elements: o  1. Aware of plan to commit treason;

Misprision of treason is different from being an accessory-afterthe-fact. The latter hides the principal. principal. Misprision hides the the conspiracy . Note though: This is moot because there are no accessories

Offenses: o  1. Without authority, entering warship, fort, etc. to obtain information, etc. of confidential nature   Relating to national defense o  2. Possessing by reason of public office the confidential information, etc. and disclosing them t o foreign representative What is the nature of the first mode?  o  Consummated as long as there is intent; no need to actually obtain. The mere entering consummates the crime crime.. Is this a war-time crime only?  o  No. It can be committed even in time of peace

PROVOKING WAR AND DISLOYALTY DURING WAR (118-121) 

 



 



 



 



1. Inciting war or giving motives for reprisals o  By unlawful or unauthorized acts, provokes or gives occasion for a war involving or liable to involve the Philippines o   Or exposes Filipinos to reprisals 2. Violation of neutrality o  During time of war where the Philippines is not involved, violates regulations of neutrality issued by government 3. Correspondence with hostile country  – in ascending degree of gravity: o  A. if correspondence was prohibited by government o  B. if done through ciphers o  C. if the information is useful to the enemy 4. Attempt to flee to an enemy country

PIRACY (122-3)

58

 

 



 



 



What are the two modes of committing piracy? o  1. Attacking or seizing a vessel on high seas or Philippine waters o  2. Seizing cargo, equipment, or personal belongings or complement or passengers on high seas or Philippine Waters Who may commit piracy? o  The offenders must not be members of the complement or passengers What if they are members of the crew or they are passengers?  o  A. There is mutiny, not piracy, through:   Unlawful resistance to superior officer   or raising commotions and disturbances on board o  B. If there is taking of the implements or cargo of the vessel or the passengers, for them to be liable under Art 122 or 123  –  they must not be part of the crew or complement.

   

 

Arts 122, 123:

 

122-3 makes mention mention of the comp complement lement of vessel. Who are these?   Under Art 648 of the Code on Commerce, these are all persons on board, from the captain to the cabin boy What is the relationship of piracy with the common crimes committed to accomplish it?  o  For these common crimes to be an element of piracy, they must accompany the crime o off piracy. There is no complex crime of piracy with rape, rape, or murder, or PI. There is only one crime of piracy. piracy. It is a sing single, le, indivisible indivisible offense. Do not ap apply ply



 

o



 

 



 



 



 



If they are passengers or crew members, the act is ROBBERY under the RPC  – Arts 293, 294 What are the Qualifying circumstances? o  1. Seized a vessel by boarding or firing upon it o  2. Pirates abandoned victims without means to save themselves o  3. Attended by murder, homicide, PI, or rape   Physical injuries include frustrated or attempted homicide. It must be used in its gene generic ric term. What is the effect of RA 7659?  o  RA 7659 merely expanded Arts 122 and 123, but under PD 532, seas there from can be a separate ofor Piracy Phil. or high piracy in Phil. crime waters high in seas in waters Arts 122 and 123. When does PD 532 apply then? o  PD 532  – one must prove that the perpetrators were purposely organized not just for one act of robbery, but several  indiscriminate commissions thereof. There must must be evidence evidence of similar attempts or takings before. o  If there is only one, either Article 122, 123 or 293, 294 (robbery). What is the nature of piracy on the high seas? o  It’s a crime against the law of nations. o   Piracy on high seas has two aspects:

1. Violation of common right of nations 2. Criminal liability of the pirates may be imposed by municipal law of the country, where found

Art 48.  

 



 



 



 



EVEN IF a lot of people died or were raped, there is still one crime of piracy. o  But if these crimes were committed after the piracy has been committed, they become separate crimes. Does the use of an unlicensed firearm (RA 8294) qualify piracy? o  No. Even if they used unlicensed arms or explosives, there is no violation of this statute. Philippine waters is defined differently in PD 532, from that in the Constitution: o  High seas: all parts of the sea not included in the EEZ o  EEZ: not extend beyond 200 nautical miles from shoreline RA 9372 (HSA) o  Piracy in Philippine waters and the high seas are  predicate crimes of terrorism. If these are committed for purpose of sowing terror in the population, then terrorism is committed, with these as predicate crimes. o  RA 6235  – aircraft hijacking is a predicate crime for terrorism under RA 9372 too What are the punishable acts under RA 6235?  o  1. Compel a change of course of a Philippine aircraft or seize control thereof while in flight   When is it ―in flight‖? 

59

 

 

 

When all the external doors are closed after embarkation. 2. Compel foreign aircraft to land in Philippine territory or seize control thereof while in the Philippines Philippines 

 

o

  3. Ship, load, or carry in public passenger aircraft explosive, corrosive, flammable, or poisonous materials o  4. Ship, load, or carry in cargo aircraft any of the same materials against regulations by the Civil Aeronautics Association What are the special aggravating circumstances for the first two offenses above? o  1. Firing upon the pilot, crew, or passenger of the aircraft  o  2. Exploded or attempted to explode a bomb to destroy the aircraft  o  3. Accompanied by murder, homicide, PI, or rape (same as last 

 

 



 



 



ground of piracy )  P v. Catantan: There is crime under PD 532 even if offender did not seize the vessel, but merely boarded it and inflicted PI on the occupant or owner.

R.A. 9372 –  – HUMAN SECURITY ACT 

 



 



What is terrorism? o  Sowing widespread and extraordinary fear and panic among the populace to coerce the government to give into an unlawful demand, and committing the following any of the acts enumerated.  What are the enumerated acts? o   Under the RPC    1. Piracy or mutiny    2. Rebellion/insurrection Rebellion/insurrection    3. Coup d’etat    4. Murder    5. Kidnapping and Serious Illegal Detention    6. Crimes involving destruction  o  Under special law    1. PD 1613 – law on arson   2. RA 6969 – toxic substances and nuclear waste act   3. RA 5207 – atomic energy regulatory and liability act  

4. RA 6235 – anti-hijackin anti-hijacking g law

Who are liable? 

    o  o 

o

5. PD 532 – anti-piracy and anti-highway robbery law 6. PD 1866/RA 8294  – illegal possession of firearms and unlawful manufacture/use of explosives

o

o

1. Principals 2. Accomplices 3. Accessories 4. Conspirators (even if not yet executed)

II: CRIMES AGAINST FUNDAMENTAL LAW ARBITRARY DETENTION (124)

 



Elements: o  1. Offender is public officer or employee o

  2. Detains person   3. Without legal ground What is gravamen of the crime? o  Detention without legal grounds by public officer or employee, of another person.  How do you distinguish this from kidnapping? o  Arbitrary detention: public officer or employee vested with authority to arrest or detain another person detains another without any lawful cause. o  Kidnapping: offender is a private person and the purpose is to deprive the victim of his or her liberty. o

 



 



 



 



Whooare liable for arbitrary detention?authorized to detain another   Public officers or employees person. o  Ex. PNP, NBI, even judges acting in official capacity Who are persons in authority, or agents of persons in authority authorized to detain? o  LGC, Sec. 338:   Punong barangay   Members of sanggunian sangguniang g barangay   Members of lupong tagapamayapa   N.B. They are persons of authority but limited to their  jurisdiction, in their respective barangays. If they

60

 

 

arrest beyond their barangay, they are NOT persons in authority under this provision.

 

o

o

Art. 152   Barangay captain

 

o

   

 

o

 

o

 



 



 



Barangay councilman Barrio policeman Forestry Code   District foresters are authorized to enforce Forestry Code and may arrest violators.   Forest officers or employees of bureau of forest management  – they do not even need a warrant of arrest to arrest. Sec. 44 of RA 9165 – Dangerous Drugs Law   School heads, supervisors, and teachers are persons of authority, for the purpose of enforcing the

Dangerous Drugs Law within school premises or outside school premises in an official school activity o  Are the members of the CAFGU persons in authority?   Yes. They are authorized to carry firearms, to complement the operations of the regular force of PNP; they are composed of civilian volunteers. volunteers. Under EO 264, they MAY arrest. So they can be lia liable ble for arbitrary detention. May a private person be liable for arbitrary detention? o  Yes, but only if the private individual connives with the person in authority.  What do you mean by detention? o  Psychologicall restraint and not just physical restraint is enough Psychologica for this provision, in whatever form, for whatever length of time.   Ex. keeping a child in a room, threatening her with a big gun  o  Fear has been known to make people people immobile. This includ includes es threats to kill, and similar similar threats. This is equivalent equivalent to using actual physical force to detain.  Take note of circumstances where people can be arrested without a warrant (in flagrante delicto, delicto, etc.). Failure to comply with with these exceptions and yet arresting without warrant is Arbitrary Detention. Usual cause of Arbitrary Detention charge is arresting a person without warrant.

 



 



 



 



 



Ex. a person evading his sentence may be arrested on the run without a warrant, because he is committing an offense in flagrante delicto. David v. Arroyo: Mere fact that the accused was wearing a t-

shirt saying “oust Gloria now” is not a reason in itself to be arrested for inciting to sedition. o  P v. Lozada: Hot pursuit based on actual facts, with the use of the senses of the policemen, with reasonable basis to believe that the person arrested is the author of the crime, etc. Under the HSA, may a person be arrested for act of terrorism, and for how long must the arrested person be detained?  o  Maximum of three days. How may arbitrary detention be committed?  o  Arbitrary detention may be committed by dolo or culpa.   Ex. of culpa: Re-arresting a person who was released

by means of order of the court. May there be a complex crime of arbitrary detention with PI?  o  Yes. This happens when there there is excessive force in the arrest. Are the periods provided in Article 124 essential elements of the crime? o  No. These just provide a guid guide e for calculating the sentence. What if a person arrested is later acquitted after trial?  o  This is fine. He need not ACTU ACTUALLY ALLY be convicted as havi having ng committed a crime  – enough to examine the nature of his deed and how the officer at the moment  characterized the act. (Existence of probable cause)

ARBITRARY DETENTION THROUGH AUTHORITIES (125)

 



 



DELAY

IN DELIVERY OF PRISONERS TO JUDICIAL

Elements: o  1. Offender is public officer or employee o  2. Detained a person legally o  3. Fails to deliver person to proper judicial authorities within proper time period Under the HSA,  what are the duties of those conducting custodial investigation?  o  N.B. More expansive than duties in RA 7438 (Act defining rights of persons under custodial investigation)

61

 

 

o

Before detaining a person after warrantless arrest, he MUST first deliver the person to the nearest office OR RESIDENCE of a judge, so judge can:   1. Ascertain identity of officer and arrested person

 



 

2. Determine circumstances behind arrest 3. Check for torture, or other abuses o  Then, the judge delivers within 3 days to nearest court with  jurisdiction his his report. Does the law apply to crimes defined by SPL? o  Depends, if the penalties used follow the nomenclature of the RPC. How do you determine the imposable penalty? o  12 hours – light  o  18 hours – correctional  o  36 hours – afflictive   

 



 



 



 



o

(3 days – under the HSA) What is the basis for t he nature of the crime? What crime as it appears to the arresting officer, and   NOT what the crime actually turned out to be.  What is delivery to judicial authorities? o  Means constructive delivery , which is time the appropriate complaint or information is filed, with the court for appropriate  judicial proceedings. proceedings.    N.B. Not a Preliminary investigation investigation.. (There’s a reason why resorting to preliminary investigation requires waiver of Art. 125 under Crim. Procedure)    Take note of rules on inquest. Art. 125 talks about about those LAWFULLY arrested, but there was no immediate delivery to the courts.     The inquest must be terminated within period stated in Art. 125. Or else, the policeman will be liable under this provision. To whom must the detainee be delivered? o  MTC, RTC, Family Court, or SB   o  Not to the CA, not to the SC. They are not trial courts. If there was no warrant of arrest or commitment order, but the information or complaint was filed, is there delivery? o  Yes.  

  

o

 



 



 



 



 



Alvior v. Auguis: [Context: before, the MTC may still conduct PI, but now they cannot under under the amended ROC.] ROC.] The person was was lawfully arrested then delivered delivered to MTC, but the jud judge ge was not there. The arresting officer did not not release the detainee. He just deliv delivered ered to the clerk of court. court. HELD: Liable for failure to deliver, because because the clerk cannot conduct PI anyway and the judge was not there. o  Note: If the case is cognizable by the OMB or Sandiganbayan  there is agreement between OMB and DOJ, where the DOJ can conduct PI but they have to submit findings to the OMB. How does Art. 12, par. 7 apply as defense? o  There can be defense of insuperable cause for delay in delivery. What about delay in delivery of a person arrested lawfully by a private person?  o  Delay in delivery of a prisoner arrested lawfully by a private person amounts to ILLEGAL DETENTION, not arbitrary detention. Does Art. 125 apply to arrests with warrant?  o  No. Article 125 only applies to warrantless arrests. What if the officer fails to comply with Article 125? o  Failure of officer to comply with Article 125 does not affect the legality of the confinement.

ARBITRARY DETENTION THROUGH DELAY IN RELEASE (126)

 



 



 



 



What is the nature of this crime?  o  Another crime by omission. Acts punishable: o  1. Officer delays release of arrested person (either convict or detention prisoner) beyond period provided. o  2. Unduly delays service of notice of such order to the prisoner o  3. Unduly delays proceedings upon petition for liberation   Proceedings mentioned in the article: petition for habeas corpus  Offenders: o  Heads of jail or penal establishment o  Custodial guards Who may order release of prisoner? o  Either the courts or the prosecutor, or the director of Bureau of Prisons 

62

 

 



What is the penalty? o  Same penalty as 124, because failure to release is tantamount to arbitrary detention.

 



EXPULSION (127)

 



 



 



 



 



 



 



 



When is one liable for expulsion?  o  He must use force, violence, or other measures to compel another to change his residence against his will Who can commit this crime?  o  Can only be done by public officers or employees. o  What if the person is not one?  If NOT authorized, then the crime is trespass to   dwelling. Relate to RA 9165, Sec. 31: o  In addition to the penalty provided for in the DDA, any alien who violates the provision must be deported immediately without further proceedings, except if the penalty is death (although no more DP under RA 9346) Under Probation Law: may the person be compelled to change his residence? o  Yes. Sec. 10. The court may require the pro probationer bationer to reside reside in a place designated by court, and may not change residence without prior notice.  Marcos v. Manglapus: Heirs of the late President Marcos are barred from returning to the Philippines.  What is the power of the President to deport? o  With respect to aliens, with respect to the Deportation Board, the President has the power to deport aliens.   What is the effect of an extradition treaty? o  If the Philippine Philippines s has an extradition treaty with another country, may compel a person in the Philippines to be deported and extradited to that other country.   HSA RA 9372  –  one charged with terrorism may be granted bail, but placed under house arrest under usual place of residence until further order of court. 

VIOLATION OF DOMICILE (128) 

 



May be violated through 3 modes: o

 

1. Entered dwelling

  2. Searched without consent   3. Entered and refused to leave If all three of these modes are committed, how many crimes are committed?  o individual ividual   Just one. Remember, these are modes and not ind felonies. Who may commit this crime?  o  May only be committed by public officers or employees with authority to arrest, or to seize property of another. o  Article 128 does not apply to public officer or employee who entered dwelling of another in hot pursuit.  Is it possible that the consent of the owner of the house is denied impliedly, and not expressly? o  Yes. It may be implied implied or express, express, in spite spite of the law’s law’s language (“without the previous consent of such owner”)  o

o

 



 





 

 



What if there is unusual ingress? o  If entry is made through a way not intended for ingress, there is entry against will of owner – denial is implied  ―Owner‖: does this include lessee of the house?  o  Yes. Residence under under this provision iis s the place whe where re the person is habitually present; and from where he departs and intends to return. 

SEARCH

WARRANT MALICIOUSLY OBTAINED , OR ABUSE IN SERVICE OF WARRANT

LAWFULLY OBTAINED (129) 

 



 



Acts punishable: o  1. Procuring search warrant without just cause o  2. Exceeding authority or using unnecessary severity in executing legal search warrant Does Article 48 apply in this instance?  o  No. Remember: 129 129 is an EXCEPTION EXCEPTION to A Art. rt. 48. When a public officer obtains maliciously a search warrant by submitting a perjurious affidavit or deposition, there are TWO crimes committed   1. Perjury; and   2. Procurement of malicious search warrant o  Basis of this statement is the phrase “in addition to the liability attaching to the offender for the commission of any other offense…” 

63

 

 



 



 



 



If the officer applied for search warrant without probable cause, and uses the warrant warrant to extort money money.. Is the police officer liable for malicious procurement? o  Yes. Because he was acting in in BF. There was malice. o   If the policeman applied for a warrant in GF, but it was denied, there is no crime committed. If officer knew deposition was false, but still submitted it to obtain warrant, what are the crimes? o  1. Procurement of malicious search warrant o  2. Art. 184  – offering false testimony in evidence What is the liability of the one who made the deposition and knew it was false, but stil l came up with deposition? o  Perjury Mode 2: when a search warrant was lawfully obtained, BUT in the enforcement, the officer EXCEEDED his authority. o

Usual example: the items seized were not in the warrant. Exception: “plain view.” But if not in plain view, he would exceed his authority. Can an officer break open a door?  o  Officer may break open the door, if he is refused entry upon knocking and identifying himself as an off icer. o  “Knock and announce rule” in warrants, BEFORE breaking a door. o  “Breakage”: includes lifting latch, unlocking chair or hatch, turning knob, etc. Does Article 129 apply to searches by employees of the Bureau of

   

o

 



 



 

 



 

o

 

o

 

o

   





 



Who can commit this crime?  o  Only committed by public officers. o  If done by a private person, it is serious disturbance/tumults (Art. 153). What if it is committed by a member of the meeting?

Interruption of religious worship Offending religious feelings

R.A. 9745 (ANTI-TORTURE ACT)   Punishable acts:  o  1. Physical torture   Act imposed by a person in authority or his agent upon a person in custody that causes severe pain, exhaustion, dysfunction, or disability o  2. Mental or psychological psychological torture   Act imposed by a person in authority or his agent which is calculated to affect or confuse the mind or undermine a person’s dignity or morale   o  3. Other cruel, inhuman, and degrading treatment



 

PROHIBITION, INTERRUPTION, DISSOLUTION OF PEACEFUL MEETINGS (131)

 

1. Prohibiting/interrupting/dissolving peaceful meeting without legal ground   If the meeting is not peaceful, it can be broken up 2. Hindering persons from joining lawful association or preventing them from attending 3. Prohibiting or hindering persons from petitioning to authorities for correction of abuses or grievances

CRIMES AGAINST RELIGIOUS WORSHIP (132—3) 

Customs? o  No, because authority is based on Art. 2203 of Tariff and Customs Code, in enforcement of customs law. o  N.B. BOC officials do not possess authority to do searches in domicile



It’s not interruption of peaceful meeting. It must be done by a stranger to the meeting. o  If done by a member of the meeting, it is unjust vexation Acts punishable: o

 



 



Act of deliberate and aggravated treatment not falling under the two above, imposed by a person in authority or his agent upon a person in custody causing severe suffering, gross humiliation, or debasement o  4. Secret detention, solitary confinement, incommunicado Can torture or CIDT be justified by war?  o  No. It is jus cogens. Who are liable? o  1. Principals (all three kinds)   o  2. Superior military/police official or senior government official who gave an order 

64

 

 

o

  Liable as principal  3. Immediate commanding officer of the unit or immediate senior public official who knew of the torture/CIDT and could’ve prevented it but didn’t 

4. Accessories:    A. Profiting from torture/CIDT (knew of it)   B. Concealing the torture/CIDT or destroying effects/instruments   C. Harboring, concealing, helping the principal escape What are the special aggravating circumstance circumstances? s? o  1. Torture resulting into death  o  2. Torture resulting into mutilation  o  3. Torture with rape or sexual abuse   o  4. Torture where victim became insane, an imbecile, impotent, blind, or maimed for life  

 



 

o

 



 



 



 

o   5. Against children  What is the nature of torture? o  It is a “separate and independent independent crime.” It does not absorb and is not absorbed by any other felony or crime committed as a means or consequence thereof.  What is the applicability of the RPC? o  1. It is suppletorily applicable  o  2. Any crime punished as a Crime against Persons (Title 8) and Crimes against Personal Liberty and Security (Title 9) and attended by any of the acts constituting torture/CIDT are punished in their maximum period.  

 



 



 



 



What are the elements of rebellion? o  1. Rising publicly and taking arms against the Government  o  2. For purpose of removing from Phil. allegiance the territory of the Philippines (or any part thereof or naval/armed forces), depriving the President or Congress of any of its powers or prerogatives  Distinguish rebellion from i nsurrection: o  Rebellion – overthrow government and supersede it o  Insurrection  – minor change as to certain matters in government or to prevent exercise of government authority as to certain matters What is the nature of rebellion? o  Insurrection and rebellion are both political crimes. o  Involves any part of the country; or whole country o  Can be private or public individual individuals s o   Rebellion is a vast movement of people; involving multitudes Is rebellion a continuing crime? o  Yes. SC declared that rebellion is by nature, a continuing offense, which differentiates differentiates it from other offenses. offenses. It may be committed by a single or a series of acts for achieving any or all of the purposes stated in t he RPC provision. What must concur for rebellion to exist?  o  For rebellion to exist there must be intent + overt acts. o  Common crimes are absorbed by t he political crime. o  But even if the common crime is absorbed by the political crime, there may be civil liability for these predicate crimes.



 



So what is the ―dual nature‖ of torture circumstance (important)?  and a separate o  Torture is both an aggravating and independent crime in itself   Can torturers be subject to amnesty? o  No, by express provision, as to not depreciate the crime  

III: CRIMES AGAINST PUBLIC ORDER

 



 



Rebellion, sedition, disloyalty  



REBELLION OR INSURRECTION (134)

The liability under the NCC is apart from liabilities in the RPC. May there be frustrated rebellion?  o  No. When the intent + overt acts are p present, resent, the crime is consummated. There is no need to achieve the goal. o  Likewise, no frustrated coup d’etat.   o  No need for actual clash. Is being a member of the CPP rebellion?  o  No. Mere membership membership in CPP is not rebellion. rebellion. But being being a member of the NPA, the military arm of the CPP, constitutes rebellion. Is subversion a crime?  o  No more crime of subversion.

65

 

 



 



 



Rebellion is a crime against public order. What about terrorism? o  It is a crime against national security and the law of nations.  o  There can be a crime of international terrorism; it a crime much like international piracy, where anyone may capture the suspected terrorist anywhere.  Can there be a complex crime of terrorism with rebellion? o  No. Rebellion is simply a predicate crime of terrorism.  Why is rebellion a predicate crime of terrorism? o    Because committing rebellion can sow widespread fear.    In the same way, murder is a predicate crime, because multiple murders or maybe murdering one key person like the President could cause widespread panic or fear.  How is terrorism different?

   

 



 



o

Terrorism is different because the purpose is to achieve the illegal demand on on the government. It may be political, and it may not – it may be purely monetary. What is the main difference between terrorism and rebellion? o  For terrorism, there must be widespread panic and fear; and there must be an unlawful demand against the government.     NOTE: terrorism is a specific intent crime, as with rebellion – so there is a difference in the o  In contrast, rebellion is merely a crime against public order. Objectives: 1) remove allegiance to government of the Phil. Territory or any part; 2) or deprive Chief Executive or

 

 



legislative of powers/prerogatives powers/prerogatives  COUP D’ETAT (134-A) 

 





 

Elements of coup d’etat?  o  1. Swift attack accompanied by any of the modes below, o  2. Against:   A. Duly constituted authorities of the Philippines   B. Any military camp or installation, communications network, public utilities/facilities utilities/facilities for exercise of power o  3. Carried out by military or police or public officers   With or without civilian support o  4. To seize or diminish State power What is the nature of coup d’etat? 

Also a political crime Intent is to diminish State power (eminent domain, taxation, police power) What are the modes by which coup can be committed?  o   Violence, intimidation, threat, strategy, stealth + swift attack Does it absorb common crimes?  o  Some, but not all common crimes Is rape absorbed by coup? o    No. Rape cannot be absorbed, because because it does not help forward the power of diminishing power (unlike in rebellion, where rape would help sow public disorder.)   o  What about murder in coup d’etat?    It can be absorbed, because it helps further t he intent.  o  What about use of explosives? Use of explosives is absorbed by coup d’etat (RA   o

o

 



8294) Is there a frustrated crime of coup d’etat?  o  No. The moment there there is intent + sw swift ift attack, the crime is consummated, even if the purpose is not achieved.  o  There can be attempted coup d’etat, but not frustrated. 

CONSPIRACY (136)

 



AND PROPOSAL TO COMMIT

REBELLION,  INSURRECTION,

OR

COUP

Omil v. Ramos: Conspiracy to commit rebellion or coup d’etat is a continuing crime. (“Believe it or not,” according to J. Callejo) 

DISLOYALTY (137) 

 

 



 



When is there disloyalty?  o  1. Failed to resist a rebellion by all the means in their power   Mode: crime of omission   May invoke Art. 12 (fear, force, intimidation, etc.) o  2. Continuing to discharge functions o  3. Acceptance of public position Is motive material?  o  Motive of public officer is immaterial; whether it is gratuitous or not When does disloyalty lose juridical existence?  o  If the officer commits overt acts of rebellion (e.g., he continues discharging his office and he commits murder or malversation

66

 

 

to help the rebels), then the crime becomes rebellion, not disloyalty

INCITING TO REBELLION OR INSURRECTION (138)

 



What is the punishable act?  o  Writings or speech must be done with intent to induce the readers or listeners to commit rebellion or insurrection   What if the listeners do not act upon the incitement?  o  If the listeners are not incited, they are not guilty of any crime. But the person speaking is guilty for inciting.   What if the listeners are incited to rebel?  o  If the listeners are incited to commit rebellion, all of them, including the inciter, are ALL principals for the crime of rebellion   Inciter  PDI    Listeners PDP SEDITION (139)



 





 



 



 



 



 



What is sedition?  o  Sedition is the raising of commotion or disturbance in the state; revolt against legitimate authority, public corporation, social classes, etc. o  Ultimate objective: violation of the public peace Elements of sedition? o  1. Rise publicly and tumultuously  o  2. To obtain by force, intimidation intimidation,, or other illegal methods   o  3. Any of the following motives/purposes discussed discussed below  Key term: o  “Publicly and tumultuously”  o  What is ―tumultuously‖? ―tumultuously‖?    Full of public commotion, or uproar.    Essence: intent + tumultuous uprising o  When is there public uprising?   “Tumultuous public uprising” – more than Is it a public crime?  o  Yes. Sedition is a crime against public order and the tranquility of the general public When is the crime consummated? 

Again, the crime is consummated upon concurrence of intent + overt acts. Motives: o   [Preventing exercise of functions of execution execution of law]   o 1. Prevent promulgation or execution of and law, or holding of   popular election o  2. Prevent National, provincial, or municipal government or officer from exercising functions or preventing execution of AO   N.B. no “barangay official” in the enumeration   [Act of hate or revenge]   o  o  3. Inflict act of hate/revenge upon person or property of public officer or employee Contrast with direct assault: here, there is   tumultuous public uprising o  4. Commit act of hate/revenge against private persons or o

social class, for political or social end    [Despoiling]   o  5. Despoil any person, municipality, or province, or National Government of all its property or part thereof, for political or social end What laws are included in par. 1? o  Laws in general, even political in nature, as well as civil and criminal laws; ordinances of municipal or provincial boards  Who are the officers included in par. 2? o  Includes judges and justices, and constitutional officers; municipal council, provincial government or board   o  BUTNOT barangay officials or council   Although they are included in  par. 3  In both rebellion and sedition, sedition, there is a public uprising. What is the difference? o  Rebellion  to achieve political purpose, they take up arms  o  Sedition  as long as tumultuous; they do not take up arms, because they do not intend to overthrow the government   o  three persons who are armed participating therein What are crimes of hate/revenge in paragraphs 3/4?  o  Crimes against persons (murder, etc.) o  Crimes against property (arson) o  Victim may be private or public officials, whether of national or local government o

 



 



 



 



67

 

 



 



What about crimes of murder, homicide, PI, arson, committed by those committing sedition – are these absorbed? o  NO! They are are not absorbed. Neither are these complexed. DO NOT apply Art. 48   o   They are are separate and independent crimes    Ex. P v. Cabrera- guilty of sedition, and murder as separate crimes o  N.B. Differentiate from rebellion or coup which allows absorption. Neither rebellio rebellion, n, coup, or sedition allow complex complex crimes. When can there be a complex crime involving sedition?  o  Sedition and Art. 143/144 (prevention of meeting of board/Congress)

CONSPIRACY TO COMMIT SEDITION (141)

 

 



DISTURBANCE OF PROCEEDINGS (144)

 



 



 



No crime of proposal to commit sedition; just conspiracy INCITING TO SEDITION (142)

 



 



 



Does freedom of speech include inciting sedition?  o  No. Freedom of speech does not protect inciting to sedition Punishable acts: o  1. Inciting others to commit acts of sedition o  2. Uttering seditious words or speeches tending to disturb public peace o  3. Writing, publishing, circulating scurrilous libels and government or authorities tending to disturb public peace N.B. For #2 and 3, no need to have any of the enumerated o  purposes Article 142 punishes also those who ―conceal such evil practices‖ (inciting to sedition). What does this im imply? ply? o  “Concealing such evil practices” is not an act of an accessory in this case, but an act of a principal.

   

 

 



 



 

ACTS PREVENTING MEETING OF CONGRESS AND SIMILAR BODIES (143)

 



Elements? o  1. Through force or fraud 

Two modes of committing this crime? o  1. Disturbing the meeting of the bodies enumerated, or o  2. In the presence of any of such bodies enumerated, behaving in a manner as to interrupt proceedings or impair due respect  Who must commit this crime? o  Offender must NOT be a member of the body disturbed; he must be a stranger to the deliberative body N.B. Again, barangay council meeting not covered by this provision Can there be a complex crime? o  Yes. If they commit crimes of violence violence like homicide to disturb the meeting, there CAN be a complex crime under Art. 48

VIOLATION OF PARLIAMENTARY IMMUNITY (145)



Crimes against popular representation

2. Preventing the meeting of the Congress, any of its subcommittees/subdivisions, constitutional commissions, or provincial/city/municipal provincial/city/m unicipal board    Meeting of barangay council is not included here    Liable for grave coercion under Art. 286  May be committed by public officers or employees  o

Elements of first mode?  o  1. Through force, intimidation, threats, fraud o  2. Prevent a member of Congress from:   attending session or meeting   expressing opinions or casting vote Elements of second mode? o  1. Public officer or employee  o  2. Arrests or searches member of Congress  o  3. While Congress is in regular or special session  o  4. Unless the crime committed is more than 6 years  Correlate with the Constitution:  o  Art. 145: amended by 19 1987 87 cons constitution. titution. Parliamentary immunity only applies up to prision correctional (the provision says “prision mayor”). o  Ex. If a congressman is in possession of low-caliber gun, he is protected (since this is up to 6 years only)

68

 

 

 

Ex. But if the gun is high caliber, he is not immune (this is prision mayor) They are also immune from searches under under this provision. But it is not in the Constitution. o

 







 



Illegal assemblies and associations

ILLEGAL ASSEMBLIES (146)

 



 



 



 



 



Two forms of this crime : o  1. Meeting conducted for the purpose of committing any crime punishable under RPC   AND there were armed persons o  2. Meeting where audience is incited to commit treason, rebellion/insurrection, rebellion/insurre ction, sedition, or direct assault   Whether armed or not Who are the leaders or organizers of illegal assemblies? o  May be determined by their speeches, publications, pamphlets, banners, leaflets indicating roles and responsibilities responsibilities If there is one with an unlicensed firearm, and he attended an illegal assembly, is he liable for RA 8294? o  No, because he is committing another crime. So he cannot be guilty of violating RA 8294. Under the first form, a meeting with presence of an armed person to achieve a crime in the RPC is proscribed. proscribed. If they ACTUA ACTUALLY LLY commit the crime, what happens to illegal assembly? o  It loses its juridical existence. existence. It becomes a mere preparatory act. What about the second form?  o  It is a point of disagreement as to the liability of the person who incites the commission of treason, rebellion/insurrection, sedition, or direct assault:   Some say the crime is inciting to rebellion or sedition     BUT the problem is, it is an element of illegal assembly (146), so how can one commit inciting to rebellion or sedition?  o  J. Callejo’s opinion:     If the inciter is NOT a member of the assembly (an outsider) – he is liable for inciting. 

If the inciter is a member  – the government has two options to charge with:    1. Illegal assembly, or    2. Inciting to rebellion or sedition  What is the presumption if one carries an unlicensed firearm to the meeting? o  1. Presumed that the purpose of the meeting is to commit violations of the RPC  o  2. The person will be considered a leader or organizer of the meeting (and is punished PC instead of AM)  

ILLEGAL ASSOCIATIONS (147)

 



What are the two types of illegal associations? o  1. Totally or partially organized to commit any of the crimes in the RPC o

2. Totally or partially organized for some purpose contrary to public morals What are public morals? o  Estrada v. Escritor: “those which are detrimental or dangerous to conditions helpful for the advancement of society”  o  Not religious morality, but secular morality. What was added by RA 9208 (anti-trafficking law)? o  Punishes association organized to propagate or promote immoral doctrines, obscene publications or shows, sex tourism, sexual exploitation, pornography What was added by the HSA (RA 9372)? o  Sec. 17: Public officers may petition that an association may be declared as one composed of those conspiring to commit terrorism

 

 



 



 



Assault upon, resistance, or disobedience to PIAs or their agents

DIRECT ASSAULTS (148) 

 



 



What is the purpose of Article 148?  o  Intended to protect those exercising official functions and to guarantee dignity and authority What is the nature of Direct Assault?  o  It is a FORMAL CRIME. CRIME. It is not a material crime.

69

 

   

There can be no attempted or frustrated direct assault. It is consummated when a person of authority is attacked with force or met with serious intimidation or resistance What are the forms of direct assault? o   1. Without public uprising, use force/intimidation to attain any of the purposes in rebellion or sedition:    [Rebellion]     A. Remove allegiance from Philippines the national territory or any part thereof, depriving President/Congress President/Congre ss of powers over it    [Sedition]   B. Prevent exercise of powers/execution of law     C. Acts of hate/revenge against public officer or social class for political or social end   D. Despoiling any person or public subdivision of o

 

o

o

 



property for political or social end 2. Attack, use force, or seriously intimidate or resist a PIA or any of his agents   While in the performance of duties Which is more common?  o  The first form rarely occurs ( it’s difficult and rare to achieve these ends without a public uprising) o  Second form is more common Who may be liable in second form? o  Private individual, person in authority, or agent of person in authority

 

o

 



 



 



 



 



 



Under what circumstance is direct assault committed?  o  Crime may be committed when PIA or agent is performing duty o  Or he was attacked for past performance of duty What does ―seriously‖ qualify?  o  “Seriously” qualifies only “intimidate” and “resist” but not attack or the use force, which only requires a laying of hands o  So if there is use of force, degree of force is not material. Degree is only important for intimidation or resistance. Is motive important? o  For second form, motive is not important o  For first form, when one is not performing his duty, then motive comes into play What are the elements of the second form?

1. The public officer was performing his duty or was attacked for past performance of duty    A public officer goes to a locality to solemnize a marriage and then he rreturns eturns to his office. En route, he is assaulted. assaulted. Is it direct assault?   Yes. When he is g going oing back to his public office after solemnizing the marriage, the going back is part of his official duty.   If a mayor is attacked for past performance of duty, is it direct assault?   Yes.  X attacked a barangay kagawad, but hit the   barangay chief tanod who was just sitting around. Is it direct assault?   No. The tanod is not performing his duty at 





 

o

the time he was hit.  2. Accused knew or ought to have known that he was a public officer or an agent thereof   Case: an officer in civilian clothes was surveying   a public market. market. Was there D DA? A?    No. Because the accused accused did not know that the accused was a police officer who was on 24 hour duty.   And the accused killed the victim on a personal grudge. 3. He attacked, used force, or seriously intimidated/resisted the 



 

o

PIA or his agent     What does ―Agent‖ include?    Police, Malacanang confidential agent, sheriff   Municipal treasurer ( since he is only a deputy ex-officio of the provincial t reasurer )   Postmaster   Agents of BIR 4. Qualified if:   1. Committed with a weapon   2. Offender is public officer or employee   3. Laid a hand on the PIA 







 

o

70

 

 



 



 



What if there is an agreement to fight?  o  Husto v. CA Husto is an an academic supervisor. supervisor. The victim, an academic supervisor too, wanted to transfer a favorite teacher to Poblacion. Poblacion. Husto disagreed. They agreed to fight. fight. When they were just about to go out, Husto could not wait; he grabbed an ashtray and smashed it against the other’s head.   HELD: It was direct assault because they did not fight outside o  What if the officer exceeds his authority? o  P v. Fook: Fook, a Chinese person, went to the Philippines. He got body searched in immigration immigration and he passed. He went back because he forgot something. something. He got body searched searched again. He got upset upset and resisted. resisted. He was charged for direct assault. o  HELD: No direct assault. The PIA or his agent who who exceeds his power is NOT in the exercise of the functions of his office. Here, they body searched Fook TWICE, which is beyond the scope of duty. o  Resistance is legitimate against PIA or agent who exceeds authority. How much resistan resistance ce can be done depends depends on the extent of excess of authority. o  When is one not liable for resistance?   For one not to be liable for resistance, the resistance must be co-extensive with the excess of authority, and just sufficient to repel the excess or abuse What does ―lay a hand‖ mean? o  To inflict upon PIA or agent a physical attack; holding; shoving; etc., with to lays causeaevil or injury When a intent person hand over PIA, the crime is direct assault. It is not necessary necessary to ascertain what force the llaw aw requires, since the law itself defines the force by providing the term “laying a hand.”  When is force or intimidation serious enough? o  Depending on circumstances of the particular event. In the following cases, there was direct assault: o  Accused punched a police officer several times o  Accused struck police officer with pen knife and wounded him o  Accused tried to stab the police officer but he missed  – still DA (so need not actually strike the PIA)

 

o

 



 



 

Accused struck judge with dagger, after the judge convicted him of theft Recall that DA is qualified if committed with a weap weapon. on. What is the special nature of qualified direct assault with the use of a weapon?  o  It is a special aggravating circumstance; cannot be offset by generic MC. o  Not enough to merely carry a weapon. He must use the weapon to assault the victim. o  Mere aiming of a gun at a PIA is qualified direct assault because there is intimidation, with use of weapon. What if a diplomat is assaulted?  o  RA75, sec. 7 (Assault of diplomat) is a special crime o  A crime is committed by any person who assaults, strikes, or wounds a public minister or ambassador, contrary to law of nations o

 



 





 

There can be a complex crime of direct assault with another felony. What if the assault on the PIA or agent results to his o  death?    Complex crime of direct assault with murder or homicide o  When is there none?    But if direct assault is committed and ONLY slight PI results, there is just the crime of direct assault. o  A mayor is on the way home or on the way to the office. The accused robbed robbed the mayor and killed him. What is the crime?    Robbery withassault homicide.   The direct is absorbed by Robbery with homicide, which absorbs crimes committed pursuant to such. X fired an SMG against police officers serving warrant. o  What is the crime?   Direct assault with multiple attempted homicide o  Can there be complex crime of DA with serious disturbance under Art. 153?   Yes. If election inspect inspectors ors or watchers are holding a meeting to canvass, and they were assaulted, causing serious disturbance: there is a complex crime of direct assault with serious disturbance

71

 

 



 



How do you reconcile DA with Less Serious Physical Injuries (Art 265), which provides a distinct penalty if the victim is a PIA?  o  Art. 265  – If there are less serious PI, the crime is less serious PI. The PIA must not be performing performing his duties when when the less serious PI is inflicted, or it is not by reason of past performance of duty. o  Art 48  – Direct assault with less serious PI if the PIA is in performance of his duty or is attacked for past performance of duty. Who else can be PIAs?  o  Lawyers and teachers can be PIAs o  Correlate with RA 9165 (DDAs)  – teachers and professors are PIAs when performing their duties

    o  o 

 



 



INDIRECT ASSAULTS (149) 

 

 



Elements: o  1. There is direct assault against an agent of a person in authority (under Art. 148) o  2. A person came to the aid of the agent o  3. The offender uses force or intimidation against such person coming to the aid of the agent There is disagreement again as to this provision. o  Guevara and Reyes: WRONG about this   Said there is indirect assault if t here is a person going to the aid of PIA or agent, and that person is himself assaulted. o  J C allejo agrees with Regalado: Guevara and Reyes did not take into account RA 1978:   If one who goes the aid of a PIA, he becomes an agent of a PIA. If he hims himself elf is attacke attacked, d, then he becomes an agent of a PIA  it becomes direct  assault   There is only indirect assault if the private person comes to the aid of the agent of the PIA.

RESISTANCE AND DISOBEDIENCE TO A PIA/AGENT (151)

 



 

What are the acts punished? o  1. Refusal to obey summons of Congress, or any commission authorized to summon witnesses

When does this provision apply?  o  When there is resistance or serious disobedience of a PIA/his agent but not falling under the prior provisions

Public disorders

SERIOUS DISTURBANCE/TUMULTS (153)

 



Acts punished as tumults/other disturbances of public order: o  1. Serious disturbance in public place o

2. Interrupting or disturbing gatherings not included in 131 or 132 (thus, neither political nor religious) o  3. Making outcry tending to incite rebellion or sedition o  4. Displaying placards or emblems which provoke disturbance of public place o  5. Burying with pomp one who is executed Relate to Art. 131: When is one guilty under disturbance/prohibition disturbance/proh ibition of peaceful meetings? o  For policemen to be guilty under 131, the person must be a stranger to the meeting. What are the limits to right of of assembly? What is the test? o  Clear and present danger of substantive evil, with imminent danger posed against the public interest

 

 



DISOBEDIENCE TO SUMMONS (150) 

2. Refusing to be sworn in 3. Refusing to answer legal inquiry or produce documents 4. Restraining another from attending as a witness therein 5. Inducing disobedience to summons or refusal to be sworn in (#1 or 2) What is the doctrine laid down by Senate v. Ermita (EO 464)? o  The President of the Philippines and members of SC are exempt from powers of inquiry o  If President does not agree with attendance of members of Executive, they cannot be compelled to answer queries of Senate Relate to Sec. 35 of HSA: o  Any information secured in violation of anti-terrorism law is inadmissible in evidence in any judicial, QJ, legislative, or admin functions o

o

 



72

 

 



 

What does BP 880 require before a rally can be conducted? o  There is need to secure a permit When can permit be denied?     CPD  N.B. But for freedom parks, there is no need for a permit o  o  Calibrated preemptive response  – – maximum tolerance  

Distinguish: Interruption of peaceful meetings (131)

Serious disturbance Interruption of (153, p.1)  –  taken in  gatherings (153, p.2) c o n t r a s t w i t h 1 3 1   

Caused officer

Caused officer

by

NOT part assembly

public of

the

by

public

Part of the assembly

Covers peaceable assemblies or rallies 

 



Caused by a private or public officer NOT part assembly

of

the

 







 



 

What is the nature of the crimes? o  131 – crime against the fundamental law of the State   o  153 – crime against public order    So this really is just for normal gatherings, and not one subject to fundamental rights  This does not include religious assembly, which is covered by 132. o  In a public rally of INC there was serious serious disturbance disturbance.. Is this covered by 131, 132, or 153?   Art. 131. This is not a religious ceremony, but a rally. Distinguish 153 from 155 (Alarms and scandals)? o  In both cases, there is disturbance  o  153  – causing of public disturbance, and the offender had the intention to cause such serious disturbance   Cannot be committed by culpa   o 155 – disturbance is not serious  

 



Suppose someone disturbs court proceedings, is it covered by the second mode?   Can be charged with Art. 153, because these are open to the public.     Covers proceedings such as by COMELEC   o  2. There is disturbance caused  There is a presumption under law of tumultuous disturbance. When does this presumption vest? o  If caused by more than 3 armed men.  o  If there is actually a tumultuous disturbance, does the presumption need to apply?  

Covers normal gatherings (non political, non religious) Cannot be committed by culpa (there is intent to seriously disturb)



What kind of disturbance must be caused in 153?   Serious. Otherwise, iitt will be alarms or scandals scandals under 155.  o  How do you determine if the disturbance is serious or not?   Look at the place, facts and circumstances surrounding the cause of disturbance, and effect to people at that time   The locus of the crime is determinative determinative of its nature. What do you mean by this? o  The place where it is committed.  o  Public place is one that is open to all, as distinguished from domiciles.   Under second mode of 153, what are the elements? o  1. There is public performance or function  o

 



 



 



  No need for the presumption.  In the causation of a serious public disturbance, there is SPI or damage to property. property. Do you apply A Article rticle 48? o  Yes; there are two grave or less grave felonies committed in a single act. (Ex. Disturbed COME COMELEC LEC proceeding.)  o  Villanueva v. Ortiz  – there was complex crime of serious disturbance with direct assault.   If there are two modes done, is there a complex crime? o  No, there is just one crime, notwithstandi notwithstanding ng multiple modes.  Distinguish inciting to rebellion/sedition from the third mode of violating Art. 153 (―tending to incite rebellion/sedition‖)? o  Intent controls. For inciting, there h has as to be intent in the first place. For 153, there’s there’s just tendency to incite. 

73

 

 



Does the ―burying with pomp‖ provision still apply?  o  No, in light of RA 9346, nobody can be executed.

ALARMS AND SCANDALS (155) 

 

 



 



Acts punished: o  1. Discharging firearm, rocket, firecracker, or explosive within any town or public place o  2. Charivari or disorderly meetings o  3. Disturbing public peace while wandering at night or engaged in nocturnal amusements o  4. Causing disturbance or scandal while intoxicated while 153 is not applicable Is Alarms and Scandals a specific intent crime?  o  No. It is the result, not the intent intent that controls. o  Why does the provision say ―calculated to cause alarm/danger‖?     “Calculated to cause alarm or danger” is an erroneous translation. o  If there is discharge of firearm but there is no alarm caused, then there is no crime under Art. 155. If the firearm is unlicensed, can one be convicted under RA 8294?  o  No. If there is another crime committed committed (155 here), one cannot be liable for RA 8294.

 



 



 



 



 



DELIVERING PRISONERS FROM JAIL (156)

 



 



Elements? o  1. Any person removes from jail or penal establishment a person confined therein  o  2. Through the following means:    A. By violence, intimidation, or bribery    B. Through other means (lower penalty)    C. Taking guards by surprise outside the establishment (lowest penalty)  To what kind of prisoners does ―delivery of prisoners‖ as a crime apply? o  Applies to any prisoner, whether a detention prisoner or convicted prisoner  If the person is a convict, is there a crime when he o  escapes?

  Yes. Evasion of sentence.  If the person is a detention prisoner, is there a crime committed?   No. He is presumed presumed innocent.  Is the deliverer of prisoners a principal or accomplice? o  A principal under Art 156.  When is the crime consummated? o  The moment he steps out of the building where the cell is, however brief it may be.   Is there a crime of frustrated delivery from jail? o    No.  o  May they be an attempted delivery from jail?   Yes.  If a mental retardate is transferred to a hospital, from jail, and he is delivered, is there a crime of delivery from jail?

 

o

o is an extension of prison. prison.    Yes. The hospital is If a person is in his house, can there be delivery? o  Yes. Because under under arresto menor, menor, there can be house arrest.  Who may be liable for delivery? o  1. Those helping a co -prisoner o  2. Employees of penal establishment, if without custody of the prisoner What if he has custody of the prisoner?     Crime is infidelity in the custody of prisoners   Is it possible that a person with custody of a 

prisoner is liable for delivery of prisoners and not infidelity in the custody of prisoners?    Yes, if he was off-duty. o  3. Private person If a person delivered a prisoner and the prisoner had a change of heart and decided to return, is the principal for delivery still liable?  o  Yes. Is there a provision in the HSA that punishes a custodian who lets his prisoner escape?  o  Sec. 44. o  Can this be committed by culpa?  

 



 



74

 

 

 



 



Yes. It can be committed by negligence, as long as as it is inexcusable negligence. If the detention prisoner is charged with parricide, and the person delivered him, can not the person be charged as accessory under Article 19? o  Yes. The law provides that a person person who helps helps escape a person who committed parricide, murder, or treason escape, he can be an accessory under Art. 19 to parricide, murder, etc.   o  So what applies now, Art. 19 or 156?   Either, as the prosecutor has a choice.     The prosecutor can choose ONE but not both.   N.B. the Art. 19 punishment is heavier than 156     Under Art. 8 (conspiracy), (conspiracy), it can be a crime in itself or a mode. Is it possible that conspiracy or connivance be an aggravating circumstance? What is the effect if a co-prisoner connives?

 



Evasion of service

EVASION OF SERVICE OF SENTENCE (157-9)

 



 



o

For delivery of prisoners from jail, if there is connivance, it aggravates the punishment.  o  So this is a THIRD character of conspiracy – not just mode, not  just crime, but also aggravating aggravating circumsta circumstance. nce.  What about bribery? o    Bribery in this case can be deemed a means to commit the crime of delivery.  If the public officer accepts a bribe to release the prisoner, o  what are the crimes?   One giving money: corruption    One accepting money:    1. Bribery    2. Delivery of prisoners  o  But if the bribery was towards another prisoner, what is the effect?   It would be a deemed a means to commit the crime.   What does the phrase ―other means‖ mean? o  Example: craft or disguise  What is the effect? o    Arresto mayor (lower penalty)   If the other means used by the principal of delivery of prisoners is a FELONY, what happens? o  Art. 48 applies. Example, if there w was as direct assault, attempted homicide, physical injuries, etc.

 





 



 



What is the exception to this rule?  o  The means provided specifically in Art. 156 (bribery), or fraud (or other means that do not constitute crimes by themselves), etc. do not attract Art. 48.

 



 



 



 



How is evasion of service committed?  o  Committed by one convicted by final judgment who escapes from prison. If a person escapes from jail, and he is arrested without warrant, would the policeman be charged with arbitrary arrest? o  No, because warrantless arrest is allowed for those who escaped (Third exception)  o  Is evasion a continuing crime?   Yes, as long as he is escaping, he is committing a crime.  Can one be guilty of evasion of sentence, although not confined in a prison? o  Yes:    1. If arresto menor, can spend sentence in house.    2. Sentenced to destierro and one entered the prohibited place.    3. Hospital, which is an extension of the penal institution.  Elements of evasion: o  1. Convicted by final judgment o  2. Serving of sentence which consists of deprivation of liberty o  3. Escaping during sentence Can one not sentenced to Final Judgment (ex. detention prisoner) be liable for evasion of sentence?  o  No. Under what circumstances may a prisoner be not liable for evasion of service of sentence? o  1. Detention prisoner  o  2. Deportee who violated deportation order   o

 

3. Youthful offender under 9344 

75

 

 



 



 



 

  Because rehab center is not a penal institution  Can a person serving sentence for an SPL be liable for evasion?  o  Yes. As long as serving sentence, whe whether ther RPC or SPL. When does Article 48 apply and when does it not? o  If one uses violation or intimidation, it is absorbed.   o  But if one commits a crime to evade, then Art. 48 can apply.  A convict was granted conditional conditional pardon. The usual condition is not committing another another crime durin during g conditional pardon. Is the violation of the conditional pardon a felony? o  Yes, it is a felony.  o  What is the period for the condition?   Remaining period of the sentence if the penalty remitted is greater than 6 years     If less than 6 years, prision correccional in minimum period 

Is it necessary for the prosecution for violation of conditions of pardon upon violation?   No. The C.E. can order the immediat immediate e arrest of the person through Board of Pardon and Parole.  o  Is a violator of the conditions of pardon entitled to ISL?   No. It is provided in the ISL.  Circumstances qualifying offense: o  1. Unlawful entry (by scaling)  o  2. Breaking doors, windows, etc. o  3. Using picklocks, false keys, disguise, deceit, violence, intimidation

o

 

o

 

o

 

o

 

o

o

 

 



 



 



o

4. Through connivance with other convicts or employees of penal institution What if the convict evaded on circumstances of a catastrophe? o  And caught again, increase penalty by 1/5 o  If he returns within 48 hours, decrease penalty by 1/5 For violation of conditional pardon through commission of the crime, there can only be conviction under Art. 159 after conviction.

 

 



 



 



 



Commission of another crime during service of penalty

QUASI-RECIDIVISM (160)

 

 

 

Is quasi-recidivism (160) a crime?

No, it is a special special aggravatin aggravating g circumstance. It is committed only by a person convicted by FJ for a crime, and he commits another crime. Does the second crime have to be a felony?    Yes. It cannot be an SPL. The law uses nomenclature of penalties in RPC. (Maximum period of the second crime.) Does the first crime have to be a felony?   No. It can be an SPL.  If the second crime has an aggravating circumstance, what is the effect to the penalty?   Since it is in the maximum, then the aggravating circumstance will result into the maximum of the maximum.  He commits commits another penalty. Is he a quasi-recidivist

again?   Justice Regalado: Regalado: He is a quasi-recidivist quasi-recidivist again and again. If he is not a quasi-recidivist for the second time, he can commit another crime with impunity. o  What if he is a recidivist AND a quasi-recidivist?   Since recidivism is an aggravating circumstance too –  it leads to the maximum of the maximum.  But the law makes makes mention of Art. 62, par. 5. What is this? o  One is a habitual offender.  One who escapes from jail, is he automatically a quasi-recividist? o  Justice Regalado: Regalado: No. Because the very very act of evasion evasion of sentence is sm. an element of quasi-recidivism. quasi-recidivi Under of Art.the 62,aggravating par. 1  – if circumstance the aggravating circumstance in itself constitutes a crime punishable by law, it is not taken into account.   o  J Callejo: “This still bothers me.” me.” No clear answer. answer.  Can one be a quasi-recidivist and a recidivist at the same time? o  Yes. Only difference: recividism recividism ca can n be offset by generic mitigating circumstances, quasi-recidivism cannot.   While serving sentence, a convict convict commits a complex crime. What is the effect? o  Maximum of the maximum of the more serious crime. What is the best evidence to prove prior conviction? o  Court judgment. 

76

 

 



What is the difference between reiteracion and quasi-recidivism? o  Reiteracion: needs final service of two or more lesser crimes, or one graver or equal crime  

IV: CRIMES AGAINST PUBLIC INTEREST

 

 



 



Forgeries FORGING THE GREAT SEAL OR THE SIGNATURE OR STAMP OF

 



 



THE PRESIDENT (161)

Can forgery of signature or the great seal be committed by culpa? o  No. There must be knowledge knowledge and intent to use the signature or great seal.  What is the presumption under this law? o  Presumption: possession of a document bearing the forged signature or seal  – deemed to be the one who committed the

forgery.  USE OF FORGED GREAT SEAL , PRESIDENT’S SIGNATURE OR STAMP (162)

 



 



Can only be committed with criminal intent, because the law uses the word “knowingly.”  Who can commit this crime? o  Offender here is not the forger, because the forger is liable under 161. 

 



 



 



 



 

 



What are the means to commit this crime? o  1. Making false coins 

  2. Importing    3. Uttering with connivance  o  N.B. if foreign currency, amount is immaterial.  When must the coin be considered legal tender? o  It must be legal tender in the Philippines at the time of violation.  o  Ex. Using a forged 1-centavo coin, when is w was as not out of circulation can still be punished Can the first mode (―making‖) be attempted or frustrated?  o  Yes. o  Attempted  – one failed to perform all acts of execution except o

o

 



 



when there is spontaneous desistance

o   Test is number of currencies involved  What is the rule on territoriality of this crime? o  This crime can be prosecuted abroad, under Art. 2.   Is damage an element of utterance? o  No. Damage is not an essential element of utterance

MUTILATION OF COINS (164)

MAKING, IMPORTING, AND UTTERING FALSE COINS (163) 

Frustrated  – if the imitation is so imperfect, although all acts were committed. When is the second mode (―importing‖) consummated?   o  When the boat enters port or the plane enters airspace, EVEN IF they are not unloaded or brought to customs. When is importation frustrated? o  Importation may be frustrated, if before they cross territorial waters of Philippines, they are caught. What does ―uttering‖ mean?  o  To offer the f alse coin, knowing it to be false, whether accepted or not, representing that it is genuine, with intent to defraud o  The offender must not  be the maker (or else, he falls under mode one), but there must be connivance How many crimes are committed if the offender makes 1,000 counterfeit 10 centavo coins, and a few US coins? o

   

 

Amended by PD 247, which punishes: o  1. Willful defacement  o  2. Mutilation  o  3. Tearing  o  4. Burning   o  5. Or destroying currency notes or coins   Must be of legal tender   Coins of foreign currency are not included 

SELLING OF FALSE OR MUTILATED COIN (165)

 



 



 



 



Two acts punished: o  1. Possession of false/mutilated coin with intent to utter   o  2. Actual utterance of the coin   Possession includes constructive or physical possession of counterfeit or mutilated coins  There must be knowledge that the coin is false   What if the one possessing with intent to utter is the counterfeiter?

77

 

 

o

FORGING,

If the one possessing is also the counterfeiter, this crime is absorbed under 163 

IMPORTING, OR UTTERING TREASURY OR BANK NOTES OR DOCUMENTS

(166) What are covered by this provision? o  1. Treasury notes  o  2. Bank notes  o  3. Documents payable to bearer   Three acts: o  1. Forging or falsifying treasury/bank notes/documents notes/documents payable to bearer   N.B. Take note of modes to commit forgery of bank notes or treasury notes, etc. under Art. 169. o  2. Importing false or forged bank notes

 



 



PAYABLE TO BEARER

 



 



ILLEGAL

 



 

 



 



 



 



COUNTERFEITING, IMPORTING, UTTERING INSTRUMENTS PAYABLE TO ORDER (167)

Elements of crime under Art. 168? o  1. Treasury/bank note/ security payable to bearer or order is forged or falsified by another person o  2. Offender knows it was falsified o  3. Used OR possessed with intent to use  

 



POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER

CREDIT INSTRUMENTS (168)

o

3. Uttering these in connivance with forgers or importers   Otherwise, see Art. 168 How can forgery be committed (Art. 169)? o  1. Giving a treasury or bank note or instrument payable to order or bearer the appearance of a true and genuine document o  2. Erasing, substituting, or counterfeiting, or altering figures, letters/words, or designs in said instrument When is there uttering under this provision? o  To utter is to offer the forged document, knowing it to be false, whether accepted or not, with representation that it is genuine, with intent to defraud  P v. Balmores  – a PCSO ticket is a government obligation. obligation. If the accused bore a PCSO ticket and wrote in ink the number purported to win  attempted estafa, because he was not able to encash it before being caught What about blank postal money orders? o  Blank forms of postal money orders are not official public documents, or treasury/bank treasury/bank notes. They are not certificates of obligations until filled up. What about treasury warrants? o  Treasury warrant is a government obligation and is therefore covered by Art. 169 of RPC

What does this provision cover? o  Documents payable to order  What are the acts punished? o  Same three acts of making, importing, and uttering with connivance  o  N.B. Again, utterance here must be in connivance with forgers or importers. Otherwise, se see e 168.

 



 



 

Possession of genuine treasury notes of the Philippines with any figures, letters, or words altered or erased with full knowledge of such alteration falls under this provision What if it’s possession alone?  o  Possession alone, without use or intent to use, is NOT a crime under 168 RA 8484 (Access devise law) o  Sec. 17  – any prosecution under this law shall be without prejudice for liabilities for violations of RPC o  So one can be charged under both RPC and 8484



RA 8239 passports)under RPC, and the RPC crime has o  If(Forgery it is alsoofpunishable higher penalty, impose higher penalty. o  But only one crime is committed.

FALSIFICATION OF LEGISLATIVE DOCUMENTS (170)

 



 



 



What is punished here?  o  Resolution, ordinance, ordinance, or bill referred to must be a genuine one What kind of alteration must be made? o  1. Alters the substance of that issuance o  2. With deliberate intent (malice) May a private person be liable under Art 170? o

 

Yes. The law does not not distinguish.

78

 

FALSIFICATION (171)

 



BY

PUBLIC

   

OFFICER, EMPLOYEE, NOTARY, ECCLESIASTIC MINISTER

o

How is a document under this provision defined? o

It is a deed or instrument or other authorized paper by which something is proved, established, or set forth. (P v. Andaya)  o  Do 171 or 172 apply to electronic documents?   Yes, by specific provision of Sec. 6(h).   In fact, a document may be notarized electronically and considered a public do document. cument. If it is falsified, 171 applies o  What about documents incapable of producing legal effects?   A document incapable of producing legal effects cannot be foundation of a right and thus CANNOT be subject of falsification. When is there falsification through taking advantage of public position? o  1. Has official custody of the document o  2. When he intervenes in preparation of the document What is the test whether there is taking advantage of o  public position?   If he uses influence, prestige, or ascendancy of his office to commit the crime.   If a public officer or employee falsifies a document, and it is not part of his duties, he did not abuse his public position. position. He is guilty N NOT OT under 171, but

 

 



under 172 (falsification of private individuals) If a notary public falsifies a document outside his territorial jurisdiction, did he abuse his public position?   NO. He is not a notary public outside his jurisdict jurisdiction. ion. What documents are covered by 171 and 172? o  1. Public/official Public/official o  2. Commercial o  3. Private o  N.B. if Legislative, see Art. 170 What is a public document? o  When an authorized person not a party thereto intervenes in a

 



 

 

 

 



document 

How about a private document that is falsified before being submitted to the government, as required?   The falsification of a private document before submission may nevertheless be falsification of public or official document because it is destined to be such.   o  When one takes a civil service examination, are the exams official documents?   The booklets or papers submitted to the CSC are official documents.  How about a personal data sheet submitted to the CSC for o  appointment to public position?   It is a public document, because such document is   required by law.   The mere fact of preparation occurred before submission does not affect its status because the document is destined to be part of public record. What is a commercial document? o  Used by merchants or business to promote or facilitate trade or credit transactions  o  Is a cash disbursement receipt a commercial document?   No. Batulanon  – it is a private document. document. Merely a receipt issued. o

o



Also, reports made by officials in their official duty   A document notarized by a notary public without a commission – is it a public document?   No. It is a private document.  o  How about pleadings of parties and papers submitted to the court in the course of official judicial proceedings?   Pleadings of parties and papers filed by them which are involved in actions and submitted to the custody of the court are public documents    N.B. The roll of attorneys is also a public document.  What is an official document? o  Public officer takes part by virtue of official position, or any document which has become part of the public records o  Is a passport an official document?   Yes. RA 8239.  o

 



79

 

 

 

 



 



 



It is a private document  – executed by private person without intervention of public notary or person legally authorized o  Is a sales invoice a commercial documen document? t?   Yes.   May falsification of p u b l i c o r c o m m e r c i a l  document be committed by culpa? o  Yes. Samson case  – X endorsed checks without knowing the identity of the persons who were recipients of the checks.   o  He did NOT alter the document, he merely endorsed without due diligence.  How about a private document? Can it be falsified by culpa? o  No. There has to to be intent to damage or damage caused. It cannot be committed by culpa.  o  But not for commercial, public, or official document  no need for intent to damage   Layug v. Sandiganbayan vis-à-vis Flores v. Layosa. o  Layug: an ordinary government employee has a time record measured through Bundy Bundy clock. Layug is a teacher iin n Davao national high school. school. He said in his re record cord that he went to class and taught from 8:30-11:30, 8:30-11:30, 1:30-4:30. But some of the time, he spent in the library. He was charged for falsification, falsification, because he said in his time record that he taught in certain times, but he was was just in the library. No question, the time record is a public document. document. He was charged for falsi falsification fication of a public document document ELEVEN time times. s. But he did not get his

 

o

salary for the time he was not teachin teaching. g. QUESTION: QUESTION: Is he guilty for falsification of public document even if  there is no damage to the government?   HELD: Layug was acquitted. In the prosecution of cases involving falsification of time records, there must be proof of damage to the government (e.g. salary paid for services not ren rendered). dered). BUT this is is weird, because usually, damage is not an element of falsification of public document. Flores: The falsification of a daily time record automatically results in financial losses to the government because it enables the employee to be paid salary and earn leave credits for services never rendered.

 



 



 



 



 



Contrast: In Flores, damage is not an element, because potentially, the government can be damaged. o  What prevails?    Flores is the sounder doctrine. A COMELEC registrar, who was also a lawyer, was allowed by COMELEC to appear for poor poor litigants. He submitted a DTR say saying ing that he was in the office, but he was actually in court attending to poor litigants. He was charged with fals falsification. ification. o  HELD: Even if he was not in in the office at that time, the the COMELEC allowed him to appear for poor litigants. He was performing a duty authorized by by the COMELEC. There was no falsification. Spouse is a janitor, but before the janitor died, he received his check. Before the check became became due, the janitor died. The widow already received it. She ca cashed shed it, thinking it was leave cr credits edits value. value. The check was worth X amount, though the janitor had leave credits exceeding the amount of the check. She was charged with falsifica falsification. tion. o  HELD: Acquitted. She was a acting cting in good faith. There was no no damage to government; in fact, the government owed the  janitor pa. Is the spuriousness of a document a defense against charge of falsification?  o  No. o  X got a warrant of arrest, falsified signature of the judge, and had his wife wife arrested. He claime claimed d he was n not ot guilty of falsification because it was a spurious document in the first place. HELD: Convicted. There can be fals   falsification ification even ifif it is a spurious spurious document. Cannot use own own acts of falsification as a defense against prosecution. If a notary public notarizes a document without commission, is there falsification of public document or private document? o  Falsification of public document. o  So to simplify:   1. The document remains private   2. But the crime is falsification of public document Can there be an attempt or frustration of falsification?

80

 

 

There can be no attempted or frustrated falsification of public or official document    UNLESS the falsification is imperfect  o  Consummated the moment the genuine public or official document is altered, or the moment the false document is executed    Even if the document is not put to illegal use.  Can there be falsification by omission? o  Yes, the crime of falsification can be committed by omission. Here the asst. book keeper did not include in the ledger things or properties purchased purchased by him as such. He committed estafa through falsification by omission by not indicating in the ledger his purchase of goods. May someone be convicted based solely on presumptions? o  Yes. One found in possession possession of falsified document iis s o

 



 



 



presumed to be the author.   What are the acts punished as falsification? o  1. Counterfeiting or imitating handwriting, signature, rubric (¶1)   o  2. Causing to appear that persons participated, etc (¶2) o  3. Persons in fact participated in proceedings, but accused make it seem that they said/did some things they did not do (¶3) o  4. Making untruthful statements in narration of facts (¶4) o  5. Altering true dates (¶5) o  6. Making alteration or intercalation to genuine document which changes its meaning (¶6) o

  

o

 

 



Causing to appear that persons participated, etc (171 ¶2)

 





 

 



7. Issuing copies (¶7) 8. Intercalating instrument or note (¶8)

Counterfeiting or imitating handwriting, signature, rubric (171 ¶1) 

 



What does ―imitating‖ cover?  o  It can also cover “feigning.” Feigning means the forgery of a signature that does not in fact exist. When does one become guilty for falsification under this provision?  o  For one to be guilty for falsification under this provision, it is not necessary that the imitation of writing, handwriting, or signature

be perfect. It is only necessary that the tw two o writings bear some resemblance to each other o  There can be no falsification of public document unless there is an attempt to imitate the genuine signature of another What if the false signature did not look like the real one?  o  One is guilty of falsification even if he did not imitate the signature of the person in the document, as long as there is a DIFFERENCE between the genuine signature of another and the falsification.

 



What is punished here? o  Falsifying a document by causing it to appear that a person or persons participated in any act or proceeding when in fact, they did not. X had an uncle and auntie. By 2000, his his auntie and uncle died. He executed three documents (deed of sale, deed of conveyance)  – all in the same occasion. In each document, the dead spou spouses ses sold to the vendee parcels of land. Then, Lastrilla signed the signature of his dead uncle and auntie, and antedated the deed. Is this falsification? o  Yes, under this paragraph (Art. 171 par. 2) . o  The uncle and auntie are both both dead. So this provision app applies lies even if those who were made to appear to participate are already dead. o  But there is only one crime, even if there were several modes. Accused was a COMELEC COMELEC registrar. He made it appear in the list of voters that certain voters were listed, when they were not, and that they voted, when they did not. What is the crime? o  Guilty under this same provision AND o  Liable under Omnibus Election Code Can this crime be committed to conceal another crime? o  Yes.  o  Ex. X was an accountable officer and he misappropriated funds of government. To conceal malversation, he falsified receipts to show that people received some amounts, when they did not.  o  Guilty of two crimes:   1. Malversation    2. Falsification under this paragraph 

81

 

 



 

X was paid by examinee in CSC to take the exam on his behalf and pose as him. Is he guilty of falsification? o  Yes. He made it appear that another perso person n participated in the exam, when he did not.  

Persons in fact participated in proceedings, but accused make it seem that they said/did some things they did not do (171 ¶3)

 



X changed the answers of a Bar examinee, Y, then she corrected the answers. What is the crime? o  X was guilty under this provision.  o  Y was guilty as an accomplice, by knowing that X committed the crime for him.

 



Making untruthful statements in narration of facts (171 ¶4)

 



 



 



 





 

What are the requirements: o  1. Untruthful Offender isstatements a public officer or employee o  2. in narration of facts o  3. The facts must be absolutely false What if there is some color of truth in the falsification? o  If there is color of truth in it, he is not liable under this paragraph. o  If there is colorable truth to the statement, one is not criminally liable. If there is a color of truth to it, there can be no criminal intent. o  There is no F of public document if acts of accused are consistent with GF, GF, even if it may be false. Color of truth indicates GF. X was Chinese, Chinese, but he declared himself as Filipino. The clerk wrote down ―Filipino‖ in the residence certificate. Is the clerk guilty of making untruthful statements? o  Clerk is NOT guilty  – he had no criminal intent and relied on the Petitioner. o  Petitioner is guilty under this paragraph as Principal by Direct Inducement. What if it was altered to speak the truth? o  There is no falsification (e.g. there is error in cedula, then altered to speak the truth. There is alteration, but but no falsification) What is the legal obligation contemplated under this provision?

The legal obligation may spring not only from a law or a regulation/rule promulgated by authorities (e.g. CSC, COMELEC)     Ex. Guilty of falsification under this provision, if X falsified a personal data sheet, which is a document required to be submitted to the CSC under its rules.    The mere fact that she was not hired is inconsequential.  The duty to make truthful statements, what is it based on? o  1. Law  o  2. Ordinance, as long as it requires such making of truthful statement  o  3. One issued by a government agency   o  Ex. A government employee who falsely stated in ITR that he has 2 dependents, when just has one, so that he can pay less o

 



taxes: the government employee is guilty of falsification of official document.  What is the required intent? o  There must be deliberate intent to make a false narration of facts, so there is no culpa 

Altering true dates (171 ¶5)

 



 



May this crime be committed by culpa? o  No. Intent is essenti essential al to the crime. crime. What dates are contemplated by this provision? o  “Dates” referred to here are those that have legal efficacy; ex.

Date when obligation is due, date when persons were married. Making alteration or intercalation to genuine document which changes its meaning (171 ¶6)

 



 



Elements: o  1. A person changes a document or intercalates an entry or statement therein o  2. The alteration or intercalation was made in a genuine document o  3. Alteration or intercalation made in document to speak of something that is false What is the duty of one making the alteration? o

 

One making the alteration must explain the same.

82

 

 



 



 



What alterations consist of: o  Erasure o  Interlineations o  Additions o  Substitution of any material matter in a document or instrument When is the alteration of intercalation NOT a crime?  o  1. Alteration or intercalation was made to make the document speak the truth o  2. The alteration or intercalation did not change the substance of the document. May this crime be committed by culpa? o  No. There must be crimina criminall intent. It cannot be committed by culpa. Good faith is a proper proper defense.

FALSIFICATION

 



 

Two modes of committing this crime? o  1. There is no genuine original of the copy of the document issued in an authenticated form o  2. There is a genuine document, but alteration of the copy as to not correctly reflect the original   Done with dolo or with deliberate intent   Public officer or notaries-public. notaries-public. Sec. 19, Rule 132 of Rules of Evidence enumerates these documents.

 

Intercalated document must be false and change the sense of the document or official book.





 



 



Number of crimes of falsification committed:

 



 



One may be liable for estafa through falsification of a public or official document, but not estafa through falsification of private document. There are as many crimes of falsification as the number of documents falsified o  If there is only one document falsified, but under multiple modes, there is only one crime of falsification o  But in P v. Pomferada  – someone falsified the roll of attorneys, by inserting three persons there; he committed three counts of falsification, even if made on the same roll of attorneys

1. Private individual falsifying a public, commercial, or official document  no need for damage or intent to damage o  2. Private individual falsifying a private document  there is need for damage caused or intent to cause damage What does ―damage‖ cover?      Damage includes material damage and damage to the credit or honor of a private person   So it is not confined to mere material damage o  When can a public officer fall under 172?   If publicposition, officer falsifies a document, without abuse of aofficial he can be liable under Art. 172 The offender did not gain any profit from the falsification of private document. But intent is an internal ac act. t. How does one establish this intent? o  There must evidence independent of the falsification to establish intent. o  Ex. May consist in an attempt to encash or use the document, or verbal or physical acts indicating intention behind falsification Under paragraph 2 (―use of falsified documents‖), how is the crime committed? o   1. Person who shall knowingly introduce in evidence in any  judicial proceeding proceeding o  2. or using a falsified document, to cause damage or with intent to cause damage A private individual who falsified a document, and also used the document under a judicial proceeding proceeding,, is he liable under paragraph 1 or paragraph 2? nd o  Under the 2 paragraph, the person using the document is other than the author of falsification. falsification. If the falsifier himself uses the document in a judicial proceeding, he is liable for falsification (par. 1) and not for use

 

Intercalating instrument or note (171 ¶8) 

Two modes under paragraph 1: o

Issuing copies (171 ¶7) 

BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS BY

PRIVATE INDIVIDUALS (172)

 



83

 

 



If a government employee falsifies his personal data sheet by making it appear that he passed the CSC exam, when in fact he did not, and he used the personal data sheet to apply for a position with the government (therefore, not in a judicial proceeding); how many crimes of falsification did he commit? o  Two crimes: o  1. Falsification Falsification o  2. Use of such document in a proceeding other than a judicial proceeding If it was used in some other purpose or   proceeding, is there need to establish damage caused or intent to cause damage?   Yes. o  CONTRA: If a falsified document was used in a judicial proceeding, is there need to establish damage caused or 

 



Other falsifications

USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS (177)

 



 



intent to cause damage?   No. FALSE MEDICAL CERTIFICATES, CERTIFICATES OF MERIT OR SERVICE , ETC. (174) 

 



Who are punished here?  o  1. Physician who issues false medical certificate o  2. Public officer who issues false certificate of merit or service, good conduct, and the like o  3. Private person who falsifies either type of document (lower penalty)

USING FALSE CERTIFICATE (175) 

 



 



 



 



 



What is punished here? o  Person who uses the certificate issued above  What is material? o  He must do it knowingly and with intent  

INTRODUCTION INTO THE PHILIPPINES OF ANY INSTRUMENT INTENDED TO BE USED IN COUNTERFEITING (176)

 



In a situation where the instruments imported could not be used for the intended purpose, is it an impossible crime or a crime under Art. 176? o  Still 176. As long as there was was intent to use and there was was importation.

Must one import a complete set?  o  No. If the instruments brought into the country cannot cannot be used on their own, but can be used alongside other instruments, there is violation of the law.

 



2 modes of committing the crimes: o  1. Usurpation of authority o  2. Usurpation of official functions When a public officer or employee has already retired or resigned but continues to do his duties, is he liable for usurpation of functions? o  Yes. A notary public who notarizes a document when his o  Ex. commission has expired violated this provision For usurpation of authority, what must the prosecution prove? o  1. Accused is aware he is not a public officer o  2. He falsely represents himself to be such o  3. Such person has performed pertaining to an act of person in authority or agent of PIA Is good faith a defense? o  Yes. Felony here is committed by dolo. GF is a defense. defense. Situations involving complex crimes: o  X pretended to a public official in order to molest a minor. What is the crime?    Complex crime of usurpation of public authority with seduction X pretended to be a BIR agent and showed falsified BIR ID. o  What is the crime?    Complex crime of usurpation of public authority with falsification Situations where usurpation is just a mode: o  X pretended to be a public official to commit robbery. What is the crime? 

84

 

 

 

o

 

o

Just robbery. Take note of Art. 299-A par. 4: Robbery may be committed through pretense of exercise of public authority.   It is NOT a complex crime. Usurpation is an essential essential element under this mode. X kidnaps another to deprive her of liberty, by pretending to be a public public officer. Is he liable for c complex omplex crime o off usurpation and kidnapping?   No. Usurpation of a authority uthority is a mode of committing crime of kidnapping. Person pretending to be authorized to issue passports:   Liable under RA 8239. (Phil. Passport Law)

 



PUBLIC USE OF FICTITIOUS NAME (178)

 



What are the two paragraphs?  o

1. Fictitious name – purposes:   1. To conceal a crime   2. To escape judgment   N.B. Includes criminal criminal or civil. The law do does es not distinguish.   3. To cause damage o  2. Person who conceals his true name or other personal circumstances Elements under first paragraph? o  1. Publicly uses fictitious name o  2. With any of the mentioned purposes Is motive an essential element?  o    Yes. Here, motive is essential essential element. If a person uses a fictitious name publicly, but without these purposes, what crime is committed? o  Same crime, but under Par. II. What is meant by ―publicly‖? o  Includes use in an official or public document What is meant by damage? o  Not equivalent in falsification of private document. o  “Damage” here is not to a particular person but to public interest. Public inte interest rest is something something in which which the public, public, community at large, has some pecuniary interest by which some legal rights are affected.

 

 

 



 



 



What if a person uses a fictitious name to obstruct justice?   Violated PD 1829 (“knowingly uses a fictitious name to delay apprehension of suspects”)   X a convict serving sentence, and Y, in jail, substitutes for X, to allow X to escape. Y took his place and claimed to be the escapee escapee by stating his name. What crime did the first p person erson commit? o  Evasion of sentence, complexed with use of fictitious name The security guard noticed that X was gone, but did not ask the name of Y. What crime? o  Justice Albert:

 

o





Use of fictitious name as a mode: If one uses a fictitious name to defraud another, what o  crime is committed?   Estafa. Art. 31 315-2(A) 5-2(A) o  What if the fictitious name is used to commit robbery?  Then it’s just robbery. Under Art. 299(A)-4, robbery   may be committed through use of fictitious name to gain entry into the house of another.   Again, the use of fictitious name here is a mode to commit robbery. o  If one uses a fictitious name in a narration of facts in a public or official document, what crime is committed?   Falsification of public, commercial, or official document, because penalty for use of fictitious name is already integrated in the former. (171/172)

 



 



 

 

o

 

o

Y is guilty of use of fictitious name under this provision Justice Reyes:   Y guilty with delivery of prisoners from jail AND of use of fictitious name to conceal the escape of the prisoner   X guilty of evasion AND use of fictitious name to evade service Justice Regalado:   Y is guilty of delivery delivery of prisoners from from jail. Use of fictitious name by the replacement is absorbed by crime of delivery.

85

 

 

 



X is guilty of evasion of service of sentence, but not use of fictitious name. o  Justice Callejo:   If Y did not use a fictitious name to help the convict escape, he is ONLY guilty for delivery of prisoners (since he did not not say a fake name). name). There was NO NO overt act of using publicly publicly a fictitious fictitious name. If Y uses a fictitious name, art. 48 will apply   X guilty of evasion of service of sentence complexed with use of fictitious name How many multiple crimes of use of fictitious name be committed?  o  There are as many crimes as the number of fictitious names used

C.A. 142  

 

 



 



What is C.A. 142? o  Anti-alias law What are the punishable acts?  o  Cannot use a name different form that registered in the LCR or used in baptism o  Or for aliens, what was registered with the Bureau of Immigration What are the exceptions?  o  Literary, cinema, TV, radio, entertainment purposes, and other athletic events where use of a pseudonym is a normally accepted practice o  Howto an alias?     secure Need judicial judici al approval for at most, one alias. Same proceedings as change of name.

  3. False testimony in a civil case (182)     4. False testimony is other cases (183A) o  5. Perjury (183B) o  6. Offering false testimony in evidence (184) False testimony against a defendant (Art. 180)  – when does this provision apply? o  Only applies for crimes under the RPC or SPLs that use nomenclature of RPC penalties, because the penalty for false testimony is dependent on the RPC graduation What are the requisites? o  1. The testimony must be complete   Must have been subjected to direct and cross examination (unless latter is waived) o  2. There is intent to give false testimony   Thus, only committed through dolo. GF is a defense.   Villanueva v. SOJ  – witness must be aware that his testimony is false. Unless he is aw aware, are, he may invoke GF. Knowledge that that his testimony iis s false is internal internal act. How can you establish this?      State of mind may be determine by things he states or does, proof of motive to lie, and objective falsity itself (if the statement is egregiously false), or proof from other facts. o  3. False statement must be related to the subject of inquiry, which legitimately affects the defendant o

o

 



 





 

ILLEGAL USE OF UNIFORMS OR INSIGNIA (179)

 



What is punished here?  o  Public and improper use of insignia, uniforms, or dress pertaining to an office not held by such person or to a class of which he is not a member

FALSE TESTIMONIES (180-2)

 



What are the three types of false testimonies? o

 

1. False testimony against defendant (180)  

Not necessary that witness’s testimony directly affects the decision. It just needs to affect a materi material al fact. Does this provision include testimony on   qualifying and aggravating circumstances?   Yes. 4. There is a judgment of conviction or acquittal   Because penalty depends on the penalty imposed on the convict.   It does not matter whether the accused is convicted or acquitted. It the intention of the accu accused sed that suffices.   When will Art. 180 not apply? 

 

o

 

o

2. False testimony favorable to defendant (181) 

86

 

 



 

Will not apply if accused in main case is convicted and is convicted for a penalty less than correctional penalty, or a fine.







 



 



 



 



 





The liarbe may not be prosecuted under 180, but can prosecuted under perjury.

Who is a ―witness‖?  o  Includes injured party or any witness o  And even one of the accused, as long as he testified for the prosecution. If the accused gave false testimony in favor of himself, is he liable under 181 (favorable false testimony)? o  No. o  Unless, X was not just disclaiming guilt, but pinning it upon pinatay yan. Siya po ang puma pumatay!” tay!”) another. (“Hindi ko pinatay What is the nature of false testimony as a crime? o  It is a formal crime. The crime is committed as soo soon n as the false testimony is given. o  Thus, retraction does not extinguish the crime already committed. o  UNLESS it was spontaneously done in the same testimony  –  there is GF Relate to RA 6981 – witness protection program: o  Person in WPP who testifies falsely loses immunity and can be liable for perjury o  But NOT art. 180-182 of the RPC HSA, sec. 47:

Any person knowingly furnishing false testimon testimony y in any proceeding involving terrorism is liable not under 180-182 but for the crime committed False testimony in a civil case (Art. 182): o  Here, the offender may be a party litigant, or a witness for a party Elements of 182: o  1. Given in civil case What is covered by ―civil case‖?      Ordinary action   Supplementary proceedings (Execution of

  o  o  o  o

 

o

 



 

 







 judgment, prohibition) prohibition)

No.

FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION (183)

 



 



Elements? o  1. Knowingly making untruthful statements o  2. Not covered in the prior provision  o  3. Under oath or affirmation, or in an affidavit upon a material matter before a competent person authorized to administer an oath when required by law  Where does perjury apply? o  1. Light penalties o

 

 

Is this case? o

o



  Petition to annul judgment What is not covered?   Special proceedings.   Naturalization proceedings. 2. Relating to issues raised 3. Testimony must be false 4. Witness knows it is false 5. Must be malicious and given with intent to affect the issues in the case What is the effect of a retraction?   The retraction of a witness under 182 does not extinguish criminal liability.   Because it’s a formal crime  like Article 180, where penalty depends on outcome of the  

2. Other proceeding proceedings s (ex. Special proceedings)    3. Etc.  Can perjury be done by culpa? o  No. Perjury is a felony by dolo. o  There must be malice. malice. Mere assertion of false, obje objective ctive fact not enough. There must be cri criminal minal intent. How about petitions? o  Petition for habeas co corpus rpus is a public document. If the allegations are false, crime is falsification of a public document. o  Complaint for damages filed with MTC which contains false allegations  perjury o  Filed petition to annul judgment and made false assertions   perjury o

 



 



87

 

 

 

N.B. In light of these, generally, a petition filed in court where false statements are made, the crime is perjury. Must the proceedings terminate first? o  No. It is notwere necessary thatterminate the proceeding statements made must first. where the false o

 



o

 

o

   

o o

OFFERING FALSE TESTIMONY IN EVIDENCE (184)

 



 



Elements? o  1. Party offers the document in evidence o  2. He knows that the document is false Malicious procurement of search warrant and use of perjured document  – what crimes are committed? o  1. Malicious procurement of search warrant o  2. Perjury o  N.B. These are NOT complexed (see discussion in Title II)

    o  o

o

 

o

lowest-calculated without just cause or to cause the bid to be awarded to another   Includes non-submission of final requirements after acceptance, such as security, etc.

MONOPOLIES, ETC (185-6) RA 9184

 



 



What is RA 9184? o  Procurement Act of Government   What are the prohibited acts for public officers under this law? o  1. Opening sealed bid prior to time appointed for opening   o  2. Delaying without just cause the screening for eligibility, opening of bids, evaluation, or post-evaluation of bids, and awarding beyond allowable period  o  3. Unduly influencing or using undue pressure on the Bids and Awards Committee to accept a particular bid  4. Splitting of contracts which exceed purchase limits and competitive bidding  o  5. Rejecting bids due to manifest preference for a closely related bidder  o  Can they still be prosecuted under RA 3019?   Yes.   What are the prohibited acts for private individuals and colluding public officers? o  1. Two or more bidders agree and pre-arrange multiple bids where one is obviously better than the other to give semblance of competitive bidding

 

o

 



2. One bidder maliciously submits different bids through different persons, to pretend that there is competitive bidding 3. Entering into contracts where one party refrains from bidding or withdraws one already made 4. Schemes that naturally reduce competitive bidding What are the accessory penalties for offenses #1-4?    Public officer suffers temporary or perpetual DQ from public office   The private person cannot transact with government again 5. Submitting false eligibility requirements 6. Submitting falsified information in bidding documents 7. Participating in bidding using another’s name or allowi ng another to use one’s name  8. Withdraw a bid after it has been named highest-rated or

V: RELATED TO OPIUM

 



What changes did the DDA bring about to this title?  o  1. The penalties do not use nomenclature of RPC anymore o  2. The penalty is no longer based on quantity involved except for possession o  3. Use of dangerous drugs now has a graduated penalty   First offense is 6 months rehab   Second offense onwards has imprisonment already What if possession and use concur?      Possession applies, not use   What if sale and possession concur?   Sale applies, not possession  o  4. Anyone charged under DDA cannot avail of plea bargaining What about probation law?      Only those convicted for drug pushing or trafficking are exempted 





88

 

    o 

 

5. Accessory penalties apply not just after conviction but even during appeal What is the new classification of drugs?  o  1. Controlled Dangerousprecursors drugs o  2. and essential chemicals Who are the new additional offenders?  o  1. Financier – person who pays for or underwrites illegal activities in the DDA o  2. Protector/coddler – person who knowingly and willfully consents to the unlawful acts in the DDA and uses his power or position to shield, harbor, screen, or facilitate escape of any person who has violated the DDA What are the new offenses? o  1. Illegal chemical diversion of controlled precursors and essential chemicals    Sale, distribution, supply, or transport of legitimately imported, manufactured, or procured CPECs to any person or entity manufacturing DDs   o  2. Failure to maintain and keep original records on tr ansactions with DDs or CPECs  o  3. Misappropriation, misapplication, misapplication, or failure of public officer or employee to account for confiscated DDs, plant sources, paraphernalia or benefiting from these   o  4. Planting as evidence any DD/CPEC    It can even be by private persons  o  5. Violation of any RR of the DD Board 

o

o

 



 



 



6. Issuance of false or f raudulent drug test results  7. Violation of confidentiality of records   8. Refusal of members of law enforcement agencies or any government official/employee official/employee to t estify as prosecution witness in DD cases  o  9. Delay and bungling in the prosecution of drug cases by government officer or employee  What are the old offenses carried over? o  1. Importation of DD/CPCE    Also, importation of such t hrough diplomatic passport, diplomatic facilities, or other means using official

o

 

o

 

o

 

o

    o  o

o

 



 

status 

DDs/CPECs     N.B. these mostly relate to production and sale/distribution  What are the qualifying or aggravating circumstances? o  1. Crime committed under the influence of drugs   o  2. Possession of DDs or equipment equipment aggravated if possessed during parties, social gatherings, or meetings, or in the proximate company of at least two persons  What is the nature of violations of the DDA? o  Malum prohibitum  What are the new programs for treatment and rehab of drug dependents? o  A drug dependent or any person who uses DDs may apply to o

o



  12. Unlawful prescription of DDs   13. Attempt or conspiracy (see below) What is the rule on attempt or conspiracy to commit unlawful acts? o  They have the same penalty as the consummated crime in the offense of:  o  1. Importation of DDs/CPECs DDs/CPECs  o  2. Sale, trade, administration, dispensation, delivery, distribution, or transportation of any DDs/CPEC DDs/CPECs s  o  3. Maintenance of a den, dive, or resort where DDs are used   o  4. Manufacture of DDs/CPEC DDs/CPECs s  o  5. Cultivation and culture of plants which are sources of o

o

o

    o 

3. Protecting/coddling Protecting/coddling  4. Selling or distributing or brokering transaction of DD/CPCE  5. Use by drug pushers of minors or mentally incapacitated individuals individual s as couriers or runners  6. Maintaining drug den, dive, or resort where DD/CPCE is used    Being employed by or visiting such dens    Protecting or coddling such dens   7. Manufacture of DDs/CPC DDs/CPCEs Es    Or instruments, equipment, apparatus, etc. 8. Possession of DDs or instruments   Aggravated if during social gatherings (see below) 9. Use of DDs 10. Cultivation of plants classified as DDs or sources 11. Unnecessary prescription of DDs

 



 



 



 

o

2. Financing, organizing, managing 

the DD Board for treatment treatment and rehab. Effects: 

89

 

 

 

1. Exempted from criminal liability  2. Placed on probation and undergo community service    3. Charged for violation of use of drugs  o  Or compulsorily confined under the Compulsory Submission Program – by petition of the DD board to the RTC  When is the only time the RPC has any effect? o  When the accused is a minor who is convicted of Reclusion Reclusion Perpetua (because otherwise, the other offenders are charged with Life Imprisonment or other non-RPC-nomenclature sentences) 

o

 

 



VI: CRIMES AGAINST PUBLIC MORALS

It must be distributed widespread or to many people, because if it is isolated, then it does not disturb the law

RA 9995  – law punishing video and photo voyeurism (amended Art. 201):   What are the crimes punished under RA 9995? o  1. Taking a video or photo of sexual act without consent of person o  2. Capture image of body parts (breast, buttocks, genitals, etc.) without consent of the person N.B.: For above, there must be reasonable   expectation of privacy which was violated If a couple goes to a motel, is there an expectation   of privacy?    Yes. That is why they w went ent to the motel. 



GRAVE SCANDAL (200)

 



 



IMMORAL DOCTRINES, OBSCENE PUBLICATIONS, ETC. (201)

 



What is the test of obscenity? 

What is ―Reasonable expectation of privacy?‖    The person concerned believes that she can disrobe in privacy without being concerned that she would be captured in photo or video o  3. To sell, copy, or cause distribution of the video or photos  –  even when there is consent by the persons involved o  4. To broadcast in print, radio, or video these sexual acts (even in VCD or DVD) o  N.B. So lack of consent is not an element when the material is being distributed already Can this video or photo be submitted as evidence?   

What is punished here?  o  Highly scandalous conduct Where must it be commited?  o  Must be in a public place. Must be in public view o  Unless there is an element of publicity, there is no grave scandal. Ex. the accused accused and her paramour paramour were committing adultery in a private place (kitchen of woman’s house) 

 



   



o o

Whether it shocks the ordinary and common sense of men. Whether the tendency of the matter is to deprave or corrupt those whose minds are open to those immoral influences. Is nudity obscene per se? o  Mere nudity in art or sculpture is not obscene since this can be a work of art. o  If the nude representations are sold for commercial purposes and not the sake of art, it may fall under this provision on obscenity. How about actual exhibition of sexual intercourse in public? o  It is a crime under this provision. provision. There is no art here. What must be the nature of commercial distribution? 

  

 



 



 



No. This photo or video inadmissible Exception : police can is apply to court for forevidence. an order to take a photo or video of a couple for investigation and apprehension of those committing this crime. Relate to RA 7610 - Child abuse law: o  Those who coerce or induce a child (person under 18, or over 18 but suffering from mental or physical defect)  – hired to perform in indecent shows or obscene publications o  Here, the child is exempt from punishment because the child is a victim. Who are liable? o    Ascendant, guardian, any person entrusted with care of child o

o

 



90

 

 

 

Person who induces or coerces the child

o

VAGRANTS AND PROSTITUTES (202)

 



 



o

4. Loitering in inhabited or uninhabited place belonging another without any lawful or justifiable reason o  5. Prostitutes RA 7610: Who are liable? o  1. Pimps o  2. Those other persons that procure child prostitutes encourage them o  3. Those who engage in sexual intercourse with children o  4. Those deriving profit or advantage (e.g. owners establishment) Further amended by RA 9208  – anti-trafficking of persons act

 

 



 



 



 



 

o

Amended by RA 9344, Sec. 58: o  Persons below 18 are exempt from criminal liability from prosecution for vagrancy or prostitution o  Or mendicancy under PD 1563 Who are vagrants?  o  1. Person with no apparent means of subsistence, but has physical ability to work, and who neglects to apply himself to some lawful calling o  2. Person loitering or wandering about with no visible means of support o  3. Idle person who lodges in houses of ill repute; ruffians or pimps

1. THERE CAN BE INDEPENDENT ACTION for civil liabilities under this law  2. Exempt from filing fees  

R.A. 7610 – SPECIAL PROTECTION AGAINST CHILD ABUSE    What are the punishable acts of child prostitution?  o  1. Promoting, facilitating, or inducing child prostitution When is there attempt to commit child prostitution   under this paragraph?    Person who is not a relative of the child is found alone with the latter inside a room, inn, vehicle, or secluded area under circumstances that would lead a reasonable person to believe the child is about to be exploited 



o

to

 

2. Those who commit sexual intercourse or lascivious conduct with child exploited in prostitution   When is the offender charged under the RPC instead?    When the child is under 12, which is statutory rape When is there attempt to commit child prostitution   under this paragraph?   Receiving services from child in massage parlor, sauna, or health club, etc.   3. Deriving profit or advantage from child prostitution 

or

of



 

of

2003: o  Covers sex-tourism, qualified trafficking of persons, etc. When is trafficking of persons qualified under RA 9208?  o  1. If the trafficked person is a child (under 18 or over 18 but has mental or physical defect) o  2. Offender is in military or law enforcement agencies o  3. If the offended person dies, becomes insane, gets AIDS/HIV, is mutilated What are the civil liabilities of the offender? o  Offender liable to trafficked person – from personal properties  o  If insolvent, take value from those proceeds and instruments derived from trafficking, that are confiscated 

o 

 

 



What are the punishable acts of child trafficking?  o  1. Any person who engages in trading and dealing with children, as in buying and selling children for consideration o  2. Qualified if victim is less than 12 When is there attempted child trafficking? o  1. Child travels alone to foreign country without valid reason, clearance from parents or guardian, or DSWD  o  2. Person or institution recruits women or couples to bear children to be trafficked  o  3. Doctor, midwife, nurse, or other hospital employee simulates birth for purpose of child trafficking   o  4. Person engages in act of finding children among low-income

 



families, hospitals, clinics, etc. for purpose of child trafficking 

What are the special features of RA 9208?

91

 

 

Contrary to law, not supported by evidence, made with conscious and deliberate intent to do injustice o  There must be intent + overt act   It is not thatisthenot judgment is contrary to law or  –  that theenough judgment supported by evidence there MUST be intent on the part of the judge to do the injustice. o  Can this be committed by culpa?    No. This This crime is malu malum m in se. It canno cannott be committed by culpa. A judge renders a decision that is not based on evidence on record, and he he is aware of it. He still renders the decision. Is he ipso facto criminally liable? o  No. The judgment of of the court must first become final and executory before he can be charged of a violation of Art. 204. o contemplated? ?   What prerequisite proceedings are contemplated   1. There must be a decision of an appellate court, in prohibition/certiorari/appeal impugning the validity of the decision OR   2. There is an administrative charge again against st the judge for promulgating the unjust order o

VII: CRIMES COMMITTED BY PUBLIC OFFICERS

WHO ARE PUBLIC OFFICERS? (203)

 



What is the coverage of ―public officers‖ under this Title?  o  Definition in 203 is is extensive and comprehensive. comprehensive. Embraces all public public servants, from highest highest to lowest. Removes distinction between officers and employees. o  Definition includes those occupying positions in government, highest to lowest, permanent or temporary. o  Includes those with positions in GOCCs, including GSIS, Postal Service.   Includes subsidiaries of GOCCs, whether created  

 



under Corporation Code or original charters. Whether stock or non-stock, vested with functions relating to public needs (governmental or proprietary), owned by government either wholly or partially

Crimes committed by judgment

 



What are the crimes under this subdivision?  o  1. Knowingly rendering an unjust decision (204) o  2. Rendering unjust decision through inexcusable negligence (205) o  3. Unjust interlocutory order (206) o  4. Malicious delay in administration of justice (207) o 5. Dereliction of duty (prevaricacion) (207)   o  6. Betrayal of trust by attorney (208)

MANIFESTLY UNJUST JUDGMENT THROUGH INEXCUSABLE NEGLIGENCE (205)

 



 



 



KNOWINGLY RENDERING AN UNJUST DECISION (204)

 



 



To which judges does this provision apply to?  o  Applies to the judges of the first and second levels (MTC, RTC) o  But not justices of appellate courts, SC, or Sandiganbayan (those who render collective judgment after due deliberation) What is the nature of this offense?  o  Judge must commit breach of positive statutory duty or performance of discretionary act with improper or corrupt motive

 



 



When is there inexcusable negligence?  o  If the mistake of the judge cannot be explained; there is a manifest injustice with no reasonable explanation explanation.. When is When a judgment unjust? o  it is contrary to evidence on record or the law. Can this be committed by culpa?  o  Yes. Unlike Art. 204, 204, a judge may be liable by culpa. When does liability attach? o  Not only erroneous, but motivated by dishonestly, hatred, or some other evil motive What can the judge invoke as a defense against ignorance of the law? o  1. Good faith o  2. Absence of malice o  3. Improper consideration

 



When is a judgment unjust? 

UNJUST INTERLOCUTORY ORDER (206)

92

 

 



 



Elements: o  1. Judge either:   A. Renders manifestly unjust interlocutory order or   B. Decree through inexcusable negligence or ignorance o  2. Either by dolo or culpa What is an interlocutory order? o  One that does not finally dispose of the case

 

o

 



 



MALICIOUS DELAY IN ADMINISTRATION OF JUSTICE (207)

 



 



What is the nature of this felony?  o  Felony by dolo. dolo. Must be committed w with ith corrupt motives or malice, by a judge in delaying the administration of justice. What is required? o  Mere delay is not enough. enough. There must be intent to deliberately deliberately

 



 



delay.

PREVARICACION/DERELICTION OF DUTY (208)

 



 



 



 



Who is liable for prevaricacion/dereliction of duty? o  Public officer who, in dereliction of his duties, maliciously refrains from instituting prosecution for violation of laws or tolerates commission of these acts Who are the officers liable here? o  Those charged in institution or filing of criminal complaints against violators of the law   Ex. Agents of the NBI, PDEA, prosecutors, OMB, special prosecutor, etc. o  Those charged with enforcement of internal revenue laws are NOT included What is the nature of this felony? o  This is malum in se. o  Although the crime may be committed by tolerance, however, the law expressly requires that the public officer/employee MALICIOUSLY refrains from instituting or prosecuting violations of the law. What is the condition s i n e q u a n o n   before a public officer/employee can be charged with prevaricacion?

The offender whom the public officer refused to charge/prosecute must FIRST be prosecuted and convicted for that crime whose prosecution was omitted by the public officer

o  sine quatouch non toupon? This is a condition prevaricacion prevaricacion What crimes does prevaricacion o  Refers to both RPC and SPL crimes What about public officers and employees not tasked with instituting criminal actions or prosecuting them? o  1. They can be liable under PD 1829  – obstruction of justice o  2. May also be held as accessories under Art. 19 of RPC Are they liable for any other crime? o  Violation of Anti-Graft and Corrupt Practices law, in addition to liability under Art. 208. What is the relationship between prevaricacion and qualified bribery?   o  Prevaricacion is a constituent element of qualified bribery (Art. 211-A). The officer has to be convicted of prevaric prevaricacion acion first of an offense punishable punishable by RP. And then, he can be ch charged arged with qualified bribery if he accepted consideration for such dereliction.

BETRAYAL OF TRUST BY ATTORNEY OR SOLICITOR (209)

 



 



Who can commit a violation under this provision?  o  Can only be committed by attorney-at-law (no more procurador  judicial anymore) anymore) First form of violation: o

Client must suffer prejudice due to malicious breach of lawyer of professional duty, or inexcusable negligence, negligence, or ignorance o  What is ―prejudice‖?    Material or moral damage o  Where else is the lawyer liable under?   Sec. 4B of RA 3019  – Anti Graft and Corrupt Practices Law if the lawyer knowingly induces or causes public official to commit any of the offenses under Sec. 3 of the RA 3019 o  Practicing lawyer may also be liable for bribery under this provision, if he connives with a public officer. Second form:

 

 



93

 

 

o

 

o

 



Revealing client’s secrets learned by him through professional capacity N.B. No need to prove damage or prejudice here

Third form: o  Undertaking defense of opposing party in the same case without consent of first client  o  No liability for lawyer if the client accedes to the lawyer representing another

 



 



Bribery

DIRECT BRIBERY (210)

 



 



 



Three forms of direct bribery: o  1. Public Officer:   agrees to perform a criminal act,   in connection with official duties,   in consideration of any offer, promise, gift, or present   received by him or through mediation of another   whether the crime is committed by him or another o  2. Acceptance of gift, etc. for a non-criminal act o  3. Acceptance of gift, etc. in consideration for refraining from doing something which is his duty to do Who commits the crime of bribery? o  Crime of bribery is committed by the public officer. o  What about the gift-giver?   Giver of the gift commits corruption of public officer. What are the elements of the first mode? 1. Accused is a public officer 2. He receives directly or through mediation of another some gift, etc. o  3. Given in consideration of commission of commission by the P.O. of some crime in connection with performance of his duties Second mode? o  1. Act in consideration for which the gift, etc. was given does not constitute a crime    For the public officer to be liable for direct bribery nd under the 2 form, although the act of the P.O. does

 



 



o

   

o

 



 



What if the act is not part of his duties? o  If the act is ENTIRELY outside his official functions, not liable for direct bribery.  o  Ex. If a to anit individual thatheheiscan issue a public permit,officer but herepresents cannot issue in actuality, not liable for direct bribery. bribery. He is liable liable for estafa. When is bribery consummated?  o  Because the gravamen of the crime is the offer or promise and the acceptance, the crime is consummated upon acceptance of the offer/promise. o  It does not matter whether the offered thing is actually given to the officer  – as long as there is offer and acceptance, there is consummation Does physical receipt per se amount to consummation?  o  No. Pelegrino v. P  o  : The offered money was left on the table. The public officer gets the envelope and says “ano to?” HELD: Mere physical receipt without any other act or sign showing acceptance cannot lead the court to conclude that bribery has been committed. committed. There m must ust be physical act indicating indicating acceptance. What constitutes ―gift or present‖? Can it be services?  o  Yes. The gift or present may be in the form of services services to be rendered by the bribe giver. giver. A promise to do an act that wou would ld have pecuniary gain to the PO is a present.  o  It is enough if a reward or personal advantage would accrue to the PO from the performance of an act by the bribe giver, and he values it highly  Can there be attempted or frustrated bribery? o  NO.  –  Read on as to why even if the court keeps on deciding there is “attempted bribery,” there is actually actually none. To be safe, however, follow the SC decisions for the Bar.   De Los Angeles v. P  o    – – lawyer promised and actually delivered to NBI money to spare his client from investigation for smuggling of aliens. aliens. NBI agent accepted the mo money, ney, but the agent gave it to his superior to use as evidence against the smuggler. What crime was committed?  

 

o

not constitute a crime, the act must be unjust  2. The act or crime relates to P.O.’s exercise of functions 

Attempted bribery. 

94

 

 

o

 



 



 



 



 

US v. Te Tong  –  – Appellant offered money to Chief of Police for the latter to release certain merchandise seized from appellant in gambling. The police accepted it, but to use it as evi evidence dence

against appellant. crime?   AttemptedWhat bribery as well.   o  P v. Ng Pek     – Appellant offered money to the police to dissuade them from arresting him and charging him for violation of of ordinance. ordinance. Policemen refused to accept the money. What crime?   Attempted bribery.  N.B.: the one guilty of bribery is the public officer, but why is it o  that in these three cases, there was attempted bribery?    It must have been attempted CORRUPTION OF PUBLIC OFFICER. Must the gift be offered or can it be solicited?  o   The present or gift may be solicited by the public officer or employee. If does not distingui distinguish sh whether offered by the bribe bribe giver or solicited by the officer Must the act be done?  o  No. It does not not matter. o  In fact, if the criminal act was actually done by the PO, he is guilty of two  crimes: direct bribery bribery + that cri crime. me. (Article 48 does not apply.) o  May he be charged simultaneously for these two crimes?   Yes.   o  Supposing he received the bribe to commit a criminal act,

but the officer did not commit the criminal act?   He is liable liable for bribery u under nder the first mode mode.. It does not matter if he actually commits the crime or not.   When are there multiple counts of bribery? o  There are as many crimes of direct bribery as the number of times a bribe is offered and received/acce received/accepted. pted.  o  Ex. LTO inspector  – every time he checked and he was offered money and he accepted it to do a criminal act  M a r i p o s q u e c a s e  (mode 2) – A robbery was committed, and X, a police officer, told the victim: “I will recover your property, but you have to give me PHP 5,800.” Private complainant complainant agreed. X recovered recovered it. He did

o

 



 



 



The recovery of the property property was not a crime. But there was an obligation to return the property. It was his duty to do do so. His refusal to do so is not a crime, crime, but it is unjust. So it falls

under individual Mode 2.  be liable for bribery? May a private o  Asejas was a practicing practicing lawyer. His Japanese client client came to the Philippines. Philippines. He told his client client “there is a complaint against you.” Immigration agents agents told client: “Give P25K P25K so we won’t investigate you.” Lawyer connived connived with the public officers and and encouraged his client to give money. He did.  o  HELD: Private person (lawyer) was liable for bribery for acting in conspiracy with the public officers.   o  N.B. The Japanese client gave money because he was afraid to be charged for any irregularity in the VISA/ violation of DDA. Shouldn’t they have been charged for robbery/extortion?    Bribery must be given voluntarily.    That is the difference between bribery (voluntary giving) and robbery/extortion (involuntarily, through threat)  When can a judge be an accomplice? o  Judge was an accomplice when he allowed his chambers to be used for the bribery transaction between the police and the suspected criminal for illegal possession  When is a judge the PDP in this transaction? o  Judge was PDP when he acted as the broker in bribery 

INDIRECT BRIBERY (211)

 



 



What is indirect bribery?  o  Public officer accepting gifts given by reason of his office Distinguish from direct bribery: o  Indirect – no such agreement to perform or not perform an act. PO is not required to do anything anything in particular. Enough that he received the gift/present by reason of his office

QUALIFIED BRIBERY (211-A)

   

 

N.B. Relate with Art. 208 (prevaricacion) (prevaricacion) When does this happen?  o  Public officer is entrusted with law enforcement and he refrains

not deliver it.

from arresting or prosecuting an offender who has committed

95

 

 



 



 



crime punishable by RP and in consideration of offer, promise, gift, etc. To what crimes does this apply? o  Crimes punishable by RP Must it be RPC or can it be SPL? o  RPC crimes and SPLs using RPC nomenclature (since the felony uses “RP”)  What is the condition s i n e q u a n o n  ?  o  The officer must first be convicted for prevaricacion, prior to conviction for qualified bribery.

CORRUPTION OF PUBLIC OFFICERS (212)

 



 



What is this crime?  o  The act of offering or giving to the public officer gifts, presents, etc. It must be by reason of his public public office. o   N.B. the public officer is liable for bribery Can there be attempted corruption of public officers under Art. 212? o  Yes, when the officer refused to be corrupted. But there is no frustration of this crime because once the public officer concurs, then the crime is consummated.

 

 

o

 



 



What is the offense under the first paragraph?  o   In official capacity, entering into agreement for scheme to defraud government o  When is it consummated? consummated?    Consummated by merely entering into agreement by public officer/employee with interested party or speculator – no need for damage to be proven What is the nature of this act?  o    Crime by dolo What is the offense under the second paragraph?  o  Person who is in charge of collecting taxes, licenses, fees who:   1. Demands payment of larger sums

receipts consummates the crime. Not required for State to consummates suffer damage. What is the nature of this act?    Mala prohibita o  If accountable officer demands amount in excess of what is due to the government, the amount due to the government is still public property but the excess is private property May private individuals be liable under Art 213? o  Yes, if there is conspiracy with public officer.  

 

o

 



MALVERSATION (217)

 



Elements? 1. Offender is a public officer   2. He has custody or control of funds by reason of duties of office  o  3. Those funds/property are public funds for which he is accountable  o  4. He appropriates, takes, misappropriates, consents, or through abandonment/negligence, permits another to take the same  N.B. shows that malversation can be by dolo/culpa    Is demand an element? o  No. Demand is NOT an element of the crime. o

   

o

Frauds, illegal exactions and transactions, malversation

FRAUDS AGAINST PUBLIC TREASURY, ETC. (213)

3. Collecting or receiving things or objects of nature different from that provided by law Mere demand of sums different or mere failure to issue

 





 

 



 



How is malversation committed? o  1. Misappropriation of public funds o  2. The taking of such property o  3. Consenting another to take such property, whether wholly or partially o  4. Permitting another due to negligence or abandonment of duty, to take such public funds or property How can this be committed? o  By dolo or culpa What are the described public properties or funds here? o  1. Public funds owned by national government or any of its agencies, including LGUs, GOCCs, under the custody of the

 

2. Fails to issue a receipt voluntarily

accountable officers

96

 

 

o

 

2. Funds or property under custodia legis which are attached, seized, or deposited with private individuals or public authorities under the law or by orders of the courts or executive

officers even if such funds belong to public individual individuals s special 3. Funds and properties of public corporations or instrumentalities such as the PCSO as well as the PNRC are public funds/properties   Amounts loaned to private individuals by GOCCs are  private loans and are therefore not public property or funds What is the purpose of Art. 217? o  The SC ruled that the law is designed to protect the government and penalize erring public officers conspiring with private individuals resulting to loss of public funds and property due to corruption or neglect of duty What is ―to appropriate‖? o  To use public funds or property for himself or convert the same for his personal advantage o  Includes any attempt to dispose of public funds or property without any legal right What is ―taking‖?  o  Concept of taking in malversation is the same concept as taking in theft or robbery   o  Once a public officer has possession of public property, however brief as may be, and disposes of the same, he is liable for Malversation 

 

o

 



o

 



 



 





 

Who is an accountable officer? o  By reason of office, is accountable for public funds or property  o  Every officer of government agency whose duties permit or require the possession or custody of government funds or property and who shall be accountable therefore and for safekeeping thereof in conformity with law What about donations made by private individuals to o  government, are they public funds/property?   Yes, whether domestic or foreign source, when duly accepted by government (because these are remitted to the national treasury and for which a general fund

 



 



X is a municipal mayor; he went to Manila on official business. business. He got a cash advance. advance. Under the LGC LGC,, if you are given a cash advance, you have to account for this when you return from your destination. If he fails to account for it, although he was not benefited. Is he liable? o  HELD: The municipal municipal mayor iis s an accountable officer, because under the Government Auditing Code, he was obliged to account for the cash advance. Fact of lack of benefit does not exempt him from liability. X and Y are both public public officers. X is accountable, Y is not. They use public funds to drink beer. o  HELD: X is liable liable for malvers malversation. ation. Y is not; he is liable for theft. Can a sheriff be liable for malversation?  o  Yes, because those taken under official duties are in custodia legis    Ex. Received money from execution sale and misappropriates it What are the fiduciary funds of the courts? o    Ex. Bail bonds   Ex. Funds from extrajudicial foreclosure, even if destined for a private person, since it is momentarily entrusted to the one conducting public auction o

Money and property is under custodia legis if taken through official judicial processes. What is the rule under RA 9165, DDL?  o  Any public officer or employee who is accountable for seized/surrendered dangerous drugs is liable under the law: life imprisonment to death Can misappropriation of seized drugs be covered by Art. o  217?    Not anymore. It should be prosecuted und under er R.A. 9165 alone. If a private individual profits from the fruits of malversation, since

 

 



 



What is the test t o determine who is accountable?   The nature of the duties CONTROLS and not the nomenclature of the office 

he cooperates as an accessory, can he be liable? o  He can be liable for malversation as an accessory. 

is provided for). Even the proceeds proceeds are public funds or property. 

97

 

 





 

 



 



 



 



 



There must be concrete evidence that: o  1. He received public funds/property o  2. There is a shortage of such Can a public officer give ―vale‖ (allowances) to a co-employee?   o  No. Government Auditing Code  –  you cannot give “vale” to a co-government employee. employee. To tolerate such such a practice is to sanction every public officer to turn public funds into a lending business. So giving “vale” is NO NOT T ALLOWED.  If one misappropriates different types of property: guns, money, etc., how many crimes are committed? o  If he did everything in one occasion, just one crime   o  If multiple times, as many crimes of malversation as the number of times he misappropriated.  N.B. So it is determined by instances, not types of property.  o  Clerk of court has custody custody of 100K consigned w with ith court. The sheriff stole it when the the clerk went out fo forr lunch. Is the sheriff guilty of malversation? o  No. He is not the accountable accountable officer. If the clerk is neglig negligent, ent, he is liable for malversation malversation through negligence. negligence. The sheriff is liable for theft.  What is the effect of restitution? o  Restitution does not exempt him from criminal liability, o  At best it is a mitigating circumstance analogous to voluntary surrender. If person is charged with dolo, can he be found to have committed it by culpa? o   Yes. Do the aggravating circumstances of abuse of confidence and taking advantage of public position apply?  o  No, they are INHEREN INHERENT T in crime of malversation.

TECHNICAL MALVERSATION (220)

 



 

Elements: o  1. Public officer o  2. Accountable officer o  3. Required by law or regulation to render accounts to government or provincial auditor o 

2. Has public fund or property under administration  3. Has been appropriated by law or ordinance  4. Applies such fund or property for public use OTHER THAN that for which it has been appropriated for  Gravamen of crime: use or application of funds/property for some other purpose than that provided for by law or ordinance  o  But he did not get it for himself  Is this included in malversation in 217? o  No, this is separate and independent from malversation in Art. 217  Does ―ordinance‖ include appropriations even by boards?  o

    o  o

 



 



 



o

 

Yes.

Infidelity of public officers

INFIDELITY IN THE CUSTODY OF PRISONERS (223-5)

 



 



FAILURE TO ACCOUNT (218) 

Elements: o  1. Public officer 

 



 



How is infidelity in the custody of prisoners committed?  o  By dolo or culpa.   Dolo – with connivance or consent   Culpa – with negligence What kind of negligence is required here?  o    One that approximates approximates malice or deliberateness. deliberateness. If one was negligent but not grossly, it is just ground for administrative sanction. What are the elements of evasion through negligence?  o  1. Offender is public officer o  2. He is charged with conveyance or custody of prisoner (whether detention or final judgment) o  3. Prisoner escapes due to officer’s negligence  Does evasion through negligence require connivance or consent of the officer?  o  No. This is evasio evasion n through dolo. Can private persons be liable under this provision?  o 

4. Fails to make account within 2 months

Yes, for both forms, but the penalty is lower. The private person must be entrusted with custody of the prisoner.

98

 

INFIDELITY IN THE CUSTODY OF DOCUMENTS (226-8)

 



What are the elements of infidelity in custody of documents?  o  1. Offender is public officer 2. Document is abstracted, destroyed, or concealed 3. The document was entrusted to the officer by reason of his office o  4. Damage or prejudice to the public interest or a third person What are the modes of committing this offense?  o  1. Officer removes, destroys, conceals documents entrusted to him   Must have damage o  2. Officer breaks the seals or permits them to be broken and the officer is charged with custody of the papers o  3. Officer breaks the seals or permits them to be broken and o

   

o

 



 



the officer is NOT charged with custody of the papers Distinguish this from qualified theft:  o  Infidelity: mail matter is entrusted to the official custodian thereof o  Qualified theft: mail matter not entrusted, but in the course of performance of duty, he handles mail matter and misappropriates it

REVELATION OF SECRETS (229-230)

 



 



OTHER REFUSALS (232-4)

 



 

o

 

o

2. Public officer wrongfully delivers papers he is in charge of and which should not be published  3. Public officer who reveals secrets of private individual known to him by reason of official capacity

   

 



   



See RA 9745 – law on torture

Who are the public officers? o  Those with custody of or in charge of the prisoner  o  Custody must be actual and not just by fiction of law  Who is the victim? o  The prisoner, the detention prisoner, or convict who was subjected to maltreatment   If he inflicts physical injuries without intent to kill or he kills the prisoner, he may be guilty for maltreatment of prisoners and either PI or homicide/murder 

ANTICIPATION, PROLONGATION, ABANDONMENT OF DUTIES (236-8)

   



Judge who continues to exercise functions of an abolished position, in GF, is a de facto officer Abandonment must be total and under such circumstances indicating absolute relinquishme relinquishment nt

USURPATION OF LEGISLATIVE FUNCTIONS (239-241)

   



Other offenses or irregularities

What are the other kinds of refusal? o  1. Disobedience to order of superior officer  o  2. Refusal of assistance in the administration of justice or other public service  o  3. Refusal to discharge elective office 

MALTREATMENT OF PRISONERS (235)



What is covered by these provisions? o  1. Public officer who reveals secret known to him by reason of official capacity 

What if the decision is void? o  Disobedience Disobedienc e to void or invalid decision is not a crime



POWERS

 

What is openly refusing?  o  Promptly and unreservedly refusing to execute judgment o  There must be clear and manifest refusal

UNLAWFUL APPOINTMENTS (244)

 



EXECUTIVE FUNCTIONS / LEGISLATIVE

Usurpation of one department of the powers of another Does not cover usurpation within the same department. Different provision covers such usurpation

OPENLY REFUSE TO EXECUTE JUDGMENT OF SUPERIOR COURT , ETC. (231) 

/

What is required?

 

o

o

And there must be criminal intent to defy superior authority

 

Must be aware that the person nominated or appointee does not have the legal qualifications qualifications..

 

b. Requesting or receiving any benefit for himself or another in a transaction with Government where the public officer has to intervene

99

 

 



 



Is good faith a defense?  o  Yes. Differentiate nominating and recommending recommending:: 

o

 

o o

  o 

Merely recommending is not a crime under this provision. To be liable must nominate someone not qualified

ABUSES AGAINST CHASTITY (245)

 



 



 



What are the violations? o  1. Public officer solicits or makes immoral or indecent advances to a woman interested in matters pending before such officer    No need for solicitation to be accepted  o  2. Warden or other public officer directly charged with care/custody of prisoners or persons under arrest solicits or makes indecent advances to a woman under his custody  o  3. Jail warden makes immoral advances or solicitation to the wife, daughter, sister, or relative within the same degree of affinity of any person in the custody of such warden/officer    So here, the prisoner is male but the solicitation is against a female  N.B. doesn’t cover mothers    What if a crime against chastity or person is committed? o  Art. 245 is absorbed  Public Authority is an Aggravating circumstance 

 



R.A. 3019 –  – ANTI-GRAFT AND CORRUPT PRACTICES ACT 

 



 



What does RA 3019 cover?  o  1. Covers elected and appointed officials and employees, permanent or temporary, whether classified, unclassified, or exempt service receiving compensation, even nominal, from government o  2. Also covers the private individuals individuals involved in paragraphs B, C, D, and K (one who urges release of confidential information for K) What are the punishable acts?  o  a. Persuading, influencing, or inducing a public officer to

c. Requesting or receiving any benefit from another for whom the public officer will secure or has secured a government permit or license o  d. Accepting or having a family member accept employment in private enterprise with pending official business with him   During pendency and up until 1 year after termination o  e. Causing undue injury to a party/government or granting unwarranted benefits to a party through evident BF or manifest gross inexcusable negligence o  f. Neglecting or refusing to act upon official duty with just cause to obtain some benefit or to discriminate against/favor against/favor a party o  g. Entering in manifestly and grossly disadvantageous disadvantageous contract on behalf of Government o  h. Having pecuniary interest in any transaction with Government upon whom he intervenes o  i. Having material interest in any transaction or act requiring discretionary approval by a board which he is part of, even if he votes in the negative o   j. Knowingly granting granting a benefit in favor of an unqualified person person or to a mere dummy of the latter o  k. Divulging confidential information What are the exceptions?  o  Unsolicited gifts of small or insignificant value offered or given

as mere ordinary token of gratitude/friendship R.A. 7080  – – ANTI-PLUNDER ACT 

 



What is the definition of ―ill gotten wealth‖?  o  Any asset, property, enterprise, or material possession of any person acquired by him directly or indirectly through dummies, nominees, agents, subordinates, associates by any combination or series of t he following means:    1. Malversation of public funds     2. Receiving kickbacks or shares in government contracts    3. Fraudulent conveyance of government assets  

commit a violation or offense

100

 

     

 



 



 



   

4. Accepting equity shares or future employment in business enterprise  5. Establishing monopolies to benefit certain persons  

6. Taking undue advantage of public position to enrich himself  What is the plunder? o  Public officer who by himself or with others amasses ill-gotten wealth through a combination or series of overt or criminal acts (see above) amounting to at least 75M pesos   What is ―series/combinatio ―series/combination‖? n‖?  o  Series is the repetition of the same predicate act o  Combination is the commission of at least two different predicate acts What is ―pattern‖?  o  At least two such acts within a 10-year span (from the RICO Act) 

o o

VIII: CRIMES AGAINST PERSONS PARRICIDE (246)

 



 

What are liabilities of authorities?  o  1. Unauthorized or malicious interception or recording of communication or conversation o  2. Failure to turn over detainee within 3 days to judicial authorities o  3. Violating rights of the detainee o  4. Failure to keep official custodial logbook and required contents

 



 



o

5. Threat, intimidation, coercion, torture in investigation 6. Infidelity in custody of detainees 7. Unauthorized use of classified materials 8. Furnishing false evidence, forged document, spurious evidence o  9. Refusal or delay in release of acquitted person What are the unlawful acts related to banks? o  1. Failure to notify person of freezing of bank deposits or accounts o  2. Copying, removing, destroying joint affidavits re: frozen deposits o  3. Unauthorized or malicious examination of bank

   o  o  o

 



What are the elements of parricide?  o  1. A person is killed o  2. The deceased is killed by the accused o  3. Deceased is the parent or child (whether legitimate or illegitimate), legitimate ascendant/descendant, ascendant/descendant, or spouse of the accused o  When is legitimate relationship required?     

R.A. 9372 –  – HSA  

5. Unjustified refusal to restore frozen deposits 6. Loss, misuse, diversion of frozen or seized assets

 



 



 



NOT between parent and child. But for every other ascendant-descendant relationships, it must be legitimate. What if the child is less than 3 days old?  o  The crime is infanticide Distinguish between parricide and infanticide:  o  Basis of parricide is relationshi relationship; p; infanticide is age o  Parricide committed only by relatives enumerated; Infanticide committed by anyone o  In parricide, conspiracy cannot be applied because relationship is an essential element, so the non-relative co-conspirator cannot be charged with parricide; Conspiracy can apply to infanticide because relationship is not determining o  Concealment of mother’s dishonor is mitigating in infanticide but not parricide Can parricide be complexed with unintentional abortion? o  Yes.  o  Ex. X stabbed his wife to death, and the wife was pregnant at the time. The unborn child dies.  Is there ―robbery with parricide‖?  o  No. It’s still r obbery obbery with homicide. “Homicide” is used in its generic term, so it includes parricide and infanticide.  Can it be committed by culpa?

 

o

 

4. Bank officials or employees defying court authorization

o

Yes. Can be committed by culpa 

101

 

 

 

Ex. Spouses were quarreling and in retaliation, the husband drove the car with recklessness, killing his wife.  What if the victim did not die?

 



 



 



o Frustrated or attempted parricide  What  if there is no intent to kill? o  Physical injuries 

DEATH UNDER EXCEPTIONAL CIRCUMSTANCES (247)

 



 



 



 



 



 



 



 



 



When does it apply?  o  Legally married person surprises his spouse in the act of sexual intercourse with another person and kills any or both of them in the act or immediately thereafter o  Or under same circumstance, parents with respect to minor daughters living with them, vis-à-vis seducers What must be the nature of intercourse?  o  Sexual intercourse must be consensual o  Even if not consensual, Article 247 can still apply if husband acted due to mistake of fact. Does Article 247 cover sexual assault? o  No, it only mentions actu actual al intercourse. RA 8353 did not amend Article 247.  What if the killing happens an hour later?  o  It is fine, if the killing was still proximate and it must be the byproduct of the spouse’s rage  What if the spouses were living separately? o   It is not a required element so Article 247 can still apply.  o  But for minor daughters, she must live with her parents.  What is the punishment?  o  Destierro, if there is death. o  None, if only physical injuries Must the court take into consideration mitigating and o  aggravating circumstances?   No, because destierro is not a punishment per se Who cannot benefit?  o  One who prostitutes his spouse or daughter Is there civil liabilit y for the killing of the paramour/spou paramour/spouse? se?

No, because Art. 247 is an absolutory cause  – a crime is committed but there is no criminal liability  H caught his W in the act and told her to leave. W went inside the o

o

 



bedroom to take her jewelries. H said W should just leave and not take the jewelry. jewelry. W tried to stab H, H stabbed W. Does Art 247 apply?  o  No; NOT Art. 247 because because he was protecting protecting himself. This was self-defense (Article 11). Can a relative invoke Article 247? o  No. But he can invoke Article 11, defense of honor  – but the act must be reasonable.  What if in the course of firing upon his spouse and the paramour, the offended spouse accidentally injures a third party caught in the crossfire. What is th the e crime? o  Article 365 applies: SPI/LSPI through simple imprudence o  It cannot be attempted homicide because there is no intent to kill and moreover, the accused was not committing a crime in killing his spouse and the paramour

MURDER (248)

 



When is homicide qualified to murder? o  1. Treachery, superior strength, aid of armed men, employing means to weaken the defense o  2. Price, reward, or promise o  3. Inundation, fire, poison, explosion, etc., or by means of motor vehicles   4. On occasion of a calamity o  5. Evident premeditation o  6. Cruelty, scoffing at the corpse What if the killing is not homicide (ex. parricide or infanticide)? o  Then the qualifying circumstances above just become generic aggravating circumstances  o  It must be homicide  What if there is more than one qualifying circumstance for homicide to become murder? o  It only takes one to qualify it to murder   o

 



 



102

 

 

o



   



 

The other will become a generic aggravating circumstance (but since the DP has been abolished, so the penalty will not be affected – murder is already RP)  

o

 

o

May treachery apply in abberatio ictus? o  Yes, if the unintended victims were helpless to defend themselves  What about dwelling and nocturnity? o  They are not qualifying per se, but they can be instrumental in treachery, which can qualify

HOMICIDE (249) 

 



 



 



 



 



 



What is homicide? o  Killing of any person which does not constitute parricide, murder, or infanticide, and without justifying circumstance What is the rule on intent to kill? o   When consummated, it is presumed and hence need not established  o  When the victim did not die, intent to kill becomes a specific criminal intent which must be established BRD    Otherwise, just physical injuries   o  When death supervenes, intent to kill is presumed from voluntary commission of an unlawful act   Is there f rustrated homicide through reckless imprudence?  o  No. Homicide means there is is intent. Fall back on the concept that if there is no death, no homicide is presumed. What is the special aggravating circumstance for those who commit murder, homicide, SPI, or intentional mutilation and the victim is under 12, under RA 7610?  o  The punishment is RP regardless When does VAWC apply, and when does homicide/murder apply?  o  If there is intent to kill, it’s attempted or frustrated murder/homicide.   Of course, if the victim dies, murder/homicide. o  For acts of violence without intent to kill, VAWC applies. Under RA 8294, when does illegal possession of firearms become aggravating? o  For murder and homicide.    

 



Whereas for rebellion/insurrection, sedition, attempted coup, it’s just absorbed as an element of the crime.   N.B. Simple illegal possession of firearms can only be

committed if no other crime crime is committed w with ith such firearm. If there is some other crime committed, the illegal possession is absolved (ex. alarms and scandal, attempted homicide, etc.)   o  What is an unlicensed firearm?   1. One without a license    2. One with expired license    3. Unauthorized use of licensed firearm in the commission of a crime  o  What about the use of unlawfully manufactured, acquired, or possessed explosives?   If used to commit ANY of t he crimes in the RPC and it results to injury or death of any person, it is an aggravating circumstance    Except in furtherance of political crimes, which absorbs the use of explosives  What if a person is killed in the course of or in the occasion of carnapping? o  It becomes qualified carnapping. carnapping. Article 48 does NOT apply. apply.  

DEATH

IN TUMULTUOUS AFFRAY

(251)

AND

PHYSICAL INJURIES

IN TUMULTUOUS

AFFRAY (252)

 



Whato is the nature of Articles 251-2?   provides penalty. Does not define a crime. crime. It only penalty.

 

What is contemplated here are deaths in a tumultuous affray where the actual killer killer (or inflictor of SPI) is not known. If the person is identifiable, then these articles do not apply. Elements of 251: o  1. Several persons means more than 2 in each group   o  2. They are not groups that are organized for the purpose of attacking another    Otherwise, conspiracy will apply  o  3. Persons attack one another is a tumultuous manner  o  4. Cannot determine who killed the deceased  o

 



N e p o m u c e n o :   included parricide in this provision,

because it also involves taking of life 

103

 

 

o

 

o

5. Person who inflicted physical injuries on the deceased can be identified  Who is the victim in 251?

DISCHARGE OF FIREARMS (254)

 



o

 

 



 



 



 



“Someone” – meaning, it can be a participant or a mere passerby  What about 252? o  1. Same circumstances, but nobody died; there are just SPI, and the person who actually inflicted the SPI cannot be ascertained  o  2. But those who inflicted violence on the person can be determined  Who is the victim in 252? o    Must be a participant in the affray   What if the person who committed the killing (251) or SPI (252) can be ascertained? o  Then neither 251 nor 252 can apply.   What if one group in a concerted and planned effort attacked the other and the latter only defended themselves? o  All of the members of the attacking group are liable for all injuries on the basis of Art. 8 (Conspiracy)  – the act of one is the act of all  What if the group is organized? o  Then conspiracy will apply too. 

 

 



 



Is suicide a crime?  o  No. A person trying to commit commit suicide does does not commit a crime, even if he fails to kill himself. What is contemplated in 253? o  A person has decided to commit suicide and requested another to assist in his suicide.  o  If the initiative did not come from the deceased, obviously, it’s homicide or murder.  If X jumps to kill himself, lands on another, and kills that other person, what is the crime? o  S can be liable for the death of the other person  

1. Offender discharges a firearm against or towards another    2. With no intention to kill or injure but only to scare What if there is intent to kill? o  Then it is murder or homicide in attempted or frustrated stage  What if there is no intent to kill but the person was hit? o  Physical injuries (S, LS, or slight)  What if he fires in the air? o  It’s Tumults/serious disturbances (153) or Alarms and scandals (155)  What if the firearm i s unlicensed? o  Under RA 8294, it doesn’t matter because another crime is o

 



 



 



 



 



committed firearms)   Can discharge of(discharge firearms ofbe complexed with S/LS Physical injuries? o  Yes. This is if a random random person gets hit by the discharged discharged bullet. 

INFANTICIDE (255)

 



ASSISTANCE TO SUICIDE (253) 

Elements:

Elements: o  1. Child is born alive  o  2. The child is already viable (capable of independent existence)  Who is not viable?     Fetus with intra uterine life of 6 months or less  What if the fetus is not yet viable?     Then it is abortion  o  3. The infant killed was less than 3 days old  Who can commit the crime? o  Anyone, even if not a relative   Can treachery apply as an aggravating circumstanc circumstance? e? o  No. Treachery is in inherent herent in infantici infanticide de  o  As with abuse of superior strength  



 



 



o

 

Others believe not liable 

 



What is the extenuating circumstanc circumstance e of concealment of dishonor?

104

 

 

o

 

o

 

If committed by the mother of the child to conceal her dishonor, her penalty is mitigated   Also can be committed by the maternal grandparents 

 

It is not unintentional abortion  It is reckless/simple imprudence unintentional abortion 

resulting

to

X stabbed and killed his his wife 9 months pregna pregnant. nt. What is the crime?   Parricide with unintentional abortion  Does concealment of dishonor by the mother or maternal (almost) grandparents also apply to unintentional abortion? o  Yes.  o

 

ABORTION (257-259)

 



 



 



 



When is there abortion? o  1. Fetus is still drawing life from his mother  o  2. Fetus is not yet breathing on its own  o  3. Baby had intra-uterine life of less than 7 months and is killed within 24 hours  What are different kinds of abortion? o  1. Intentional abortion  o  2. Unintentional abortion  What are the means by which intentional abortion is done and punished?  o  1. Violence upon person of pregnant woman (RT) o  2. Without violence, but without consent of woman (PM) o  3. With consent of woman (PC) What else in included?  o  1. Abortion practiced by the pregnant woman herself or her parents o  2. Abortion performed by a physician or midwife Does the alternative-aggravating circumstance of   high degree of education apply here?    No, the education is an element of the crime is already punished accordingly. Can there be frustrated abortion?  o  Yes, according to J. Regalado What is unintentional abortion?  o  Another person (not the woman) causes abortion by violence, but unintentional unintentionally ly   What does ―unintentional‖ refer to?    There must be no intent to abort the child.   But “unintentional” does not refer to culpa, because there has to be prior violence with intent committed.

 



Intentional abortion

Unintentional abortion

With or without violence

Always with physical violence

By woman woman herself herself or another person

Always by another another perso person n

Offender knows of the pregnancy

Offender may may or may no nott know of the pregnancy

There is intent to abort

There is intent to inflict violence, but no intent to abort 

DUEL (260-1)

 





 



 







Elements:  o  1. Previous agreement to fight o  2. Two or more seconds for each combatant N.B.  “seconds” are those who enforce the rules of the   duel, who take their place if they can’t finish, etc.   o

3. Choice of arms and other terms of agreement must be agreed upon by the seconds How is resulting death or injuries punished?  o  Homicide or physical injuries Who is the offender?  o  1. Person who challenges another o  2. Person who incites another to challenge an adversary o  3. Person who accepts challenge from an adversary to a duel o  4. Scoffing or decrying another for having refused to accept a challenge to fight or duel

 

 



 



UTILATION

o

 

What if the violence was caused by imprudence?

M

(262)

105

 

 





   



 



 



 



What is mutilation? o  Intentional chopping off of a part of the body which will not grow again 

   

 

LOST POWER TO – speak, hear, smell LOST USE OF – eye, hand, foot, arm, leg LOST BODY PART – eye, hand, foot, arm, leg

What is controlling?  o  There must be intent to mutilate. mutilate. So it cannot be by cu culpa. lpa. What if there is no direct intent to mutilate?  o  Just serious physical injuries What if there is intent to kill? o  Frustrated homicide or parricide  Can mutilation be punished under VAWC? o  No, because RA 9262 says that mutilation is punished under the RPC, and not VAWC When is the punishment greatest? o  When what is cut off is a body part for reproduction 

 

INCAPACITY TO WORK  – permanent, as to job habitually engaged in

SERIOUS PHYSICAL INJURIES (263) SUBSTANCES OR BEVERAGES (264)

 



 



 



AND

ADMINISTERING

OF

INJURIOUS

What is the most important thing to remember for PI? o  There must be no intent to kill  How is SPI committed? o  1. Wounding, beating, or assaulting another (263)  o  2. Knowingly administering injurious substances or beverages (264a)  o  3. Taking advantage of his weakness of mind or credulity (264b)  What is the classification of injuries and penalties based on severity (most severe to least)? o  Par. 1:   MENTAL – insane or imbecile    PHYSICAL – impotent or blind    Blindness: must be complete    Impotence: loss of power to procreate and not copulation   N.B. if castration was done with intent to deprive the victim of the power of generation: mutilation, not SPI

 



 



 







Par. 3:   Deformity   Injury resulted to an ugliness upon the offended that would not disappear through natural healing process   LOST BODY PART – any other part ILLNESS OR INCAPACITY TO WORK  – more than   90 days o  Par. 4:   ILLNESS OR INCAPACITY TO WORK  – more than 30 days What are the circumstances qualifying SPI? o  1. Victim is any of those of parricide    Except for parents, on injuries inflicted by them due to excessive chastisement  o  2. Presence of any of the qualifying circumstances circumstances for murder   How does SPI relate to robbery with physical injuries? o  1. Par. 1, if committed “by reason or on occasion of robbery” (RT med – RP)  o  2. Par. 2, if committed “by reason or on occasion of robbery” (RT)  o 3. Par. 3-4, if committed “in course of execution of robbery”   (PM max – RT med)  o  What is ―in course of execution of robbery‖?    It means the robbery is not yet completely accomplished when the SPI were inflicted    As opposed to par. 1-2, where it can be “by reason of  or in the occasion of” robbery  When does Art. 264 apply? o  When injurious substances are introduced or injected into the body of the victim   What is important (again)? o

 





 



 

o

Par. 2:

 



o   No intent to kill  What if the substance is poisonous?

106

 

 





 

 



o  Murder (or attempted/frustrated) Can this be committed by culpa?  o  No. There must be intentional introduction introduction of the substance

What if the offender is not aware that the substance is injurious?  o  Serious physical injuries through reckless imprudence What if there is intent to kill but the quantity is not enough to kill? o  SPI or LSPI  o  Not an impossible crime 

 

o

RAPE (266-A AND 266-B)

 



 



LESS SERIOUS PHYSICAL INJURIES (265)

 



 



When are there LSPI?  o  When the incapacity of the offended party is 10-30 days, or he requires medical attendance for the same period

 



Whato are1.the qualifying for victim LSPI? (additional fine) Ignominy or tocircumstances insult or offend the

 

o

 

o

2. Victim is offender’s parent, ascendant, guardian, curator, teacher, or persons of rank or PIA (next higher degree of penalty) But isn’t harming a PIA direct assault?  Yes. So this provision only only applies if the PIA is is not   performing acts in the course of his duties   Or if the offender didn’t know the victim was a PIA 

 



 

When is there slight PI (from highest degree to lowest)?  o

1. Incapacity of offended party is 1-9 days 2. Physical injuries do not prevent the victim from engaging in habitual work and did not require medical attendance o  3. Maltreatment by deed X slapped Y. Y did not sustain sustain physical injury or need medical attendance. What is the crim crime? e?  o  Slight PI What if the purpose is to humiliate Y?  o    Slander by deed What if the injury was not serious at the onset but later on becomes serious? 

   

o

 



 



What is the nature of rape since RA 8353?  o  It is a crime against persons o  Thus, it may be filed by the public prosecutor. Consent of the offended party is no longer needed to file. May husbands be liable for rape/sexual assault on their lawful wives?  o  Yes. While he has the right to use persuasion, persuasion, he cannot cannot use force, violence, or intimidation. o  Wife has the right to refuse, for instance, if they are legally separated or the husband has AIDS. What are the two classifications under RA 8353?  o  1. Rape o  2. Sexual assault o  What if an offender inserts his organ and then his finger in a woman’s vagina?    One count of rape, and one count of sexual assault  Who may be the offender and offended in rape and sexual assault?  o  Rape is always a man against a woman What is the exception?      A woman may be guilty of rape as an accomplice or principal by indispensable cooperation o Sexual assault may be committed by or against men or women   Is there frustrated rape or sexual assault? o  No. It is always in the attemp attempted ted or consummated stage. stage.  o  It is enough that a part of the object or organ passes through the genitals, anal orifice, or mouth to consummate the crime.   What is the ―instrument‖ covered by sexual assault?  o  It can be a body part or other things  What are the means by which rape is committed? o  1. Force, threat, intimidation    What is the nature of ―force‖?    Can be actual or constructive  

SLIGHT PHYSICAL INJURIES AND MALTREATMENT (266) 

Ex. SPI can become homicide

 



 



 





o

  

o

The crime committed can change on the ultimate injury caused Ex. frustrated can become consummated

107

 

 

 

What is important is that the offender was able to achieve his purpose  What is the nature of ―fear‖?  

   

 

o

  It includes fear of harm or death  What is the nature of ―intimidation‖?    It must be viewed in the eyes of the victim     And sufficient enough to cause fear on the part of the victim A father raped his daughter, but claimed the latter did not resist. Is it still rape?    Yes. Moral ascendancy and parental authority – substitute for violence.   The same rule applies for uncles, common law husband of mother, etc. 

o







 

X injected a drug into Y’s body and forced sexual intercourse upon her. What is the crime?   Still rape. The drug took away away her ability to resist. 2. Offended party is deprived of reason or unconscious  Deprived of reason:   

 

o

 

Intellectually weak to the extent that she is not capable of giving consent to intercourse  What is the extent of deprivation of reason?     Need not be complete  o  3. Fraudulent machination or grave abuse of authority  What is an example of fraudulent machinations   and grave abuse of authority?   The offender succeeds by pretending to be his twin brother is a fraudulent machination    Grave abuse of authority is one done by an employer to an employer, teacher to student, doctor to patient, etc.   o  4. Under 12 years old or demented    This is statutory rape. No nee need d for force, force, threat, intimidation, or other circumstances to exist.   What are the qualifying circumstances?  [Weapons/military]   o  

 







 





 



3. Committed by AFP, PNP, or other law enforcer     [Adverse effect on the victim]   o  4. Victim became insane on occasion of rape o  5. Victim suffered permanent physical mutilation or disability o  6. Offender knows he has HIV, AIDS, or other STD o   [Relationship]   o  7. Victim is under 18 and offender is a parent, ascendant, steprd parent, guardian, relative by blood or affinity to 3 degree, common law spouse of parent of victim o  8. In full view of the spouse, parent, children, or other relatives rd up to 3 degree  [Specially protected victims]   o  o  9. Victim is under 7 years old o  10. Victim has religious vocation or calling and it is known by the offender prior to the rape o  11. Victim was pregnant and it is known by t he offender o  12. Victim has mental disability, emotional disorder, or physical handicap and it is known by the offender How many circumstances are needed to qualify rape? o  Just one.  o  Are the other qualifying circumstances treated as generic aggravating?   No.  o



 

It must be used to intimidate the woman, and not just mere possession 2. Victim is under custody of police or military

 



What is the special complex crime?  o  Homicide committed on occasion of rape or sexual assault   Homicide is used in its generic term No such thing as Rape with with Murder. It’s always Rape   with Homicide. o  What is ―on the occasion‖?    There is logical connection between the rape and homicide.   There is no appreciable amount of time lapsed What is the rule on pardon?  o  The valid marriage between the offender and offended party

 

o

1. Use of deadly weapon or by 2 or more persons

shall extinguish the action or the penalty imposed.

108

 

 

o

 

If the offender is already her husband, then subsequent forgiveness extinguish the action or penalty.

o

 

o

R.A. 9262 – VAWC

 



What are the punishable acts?  o  1. Physical harm to woman or her child o  2. Threatening to cause such physical harm o  3. Attempting to cause such physical harm o  4. Placing woman or her child in fear of imminent physical harm o  5. Attempting to have the woman or her child do something they can refuse to do, stop doing what they have the right to do, or restrict freedom of movement. movement. Non-exclusive llist: ist:   A. threaten to deprive custody   B. threaten to deprive financial support   C. threaten to deprive a legal right   D. preventing woman from engaging in lawful profession o  6. Inflicting or threatening to inflict physical harm to control woman’s actions or decisions  o  7. Using force or intimidation to have the woman or child perform non-rape sexual activity o  8. Acts that cause emotional or psychological distress to the woman or her child. Ex:   A. stalking   B. peering or lingering    

 

o

C. entering dwelling against their will D. destroying property or harming animals or pets   E. harassment or violence 9. Causing mental or emotional anguish, public ridicule, or humiliation to the woman or her child

R.A. 9775 – ANTI-CHILD PORNOGRAPHY LAW 

 



Who is a ―child‖ under RA 9775?  o  1. Below 18 o  2. Mentally incapacitated o  3. Person of age, but depicted as a child o  4. Computer generated child

Representation, visual, audio, or written, of child engaged in real or simulated explicit sexual activities. Explicit sexual activities are:  

 



1. Genital-genital, genital-oral, anal-genital, whether heterosexual or homosexual   2. Bestiality   3. Masturbation   4. S&M   5. Lascivious exhibition of genitals, buttocks, breasts, pubic area, or anus   6. Use of object or instrument for lascivious acts What are the unlawful or prohibited acts?   [Producing]   o  o  1. Hiring or using child in porn o  2. Produce, direct, manufacture child porn o  3. Intentionally provide venue for commission of prohibited acts (cinemas, dens, private rooms, etc.)  [Selling/distributing]   o  o  4. Sell, distribute, publish, or broadcast child porn o  5. Possess such with intent to sell, distribute, publish, or broadcast When is there prima facie evidence of intent to do   such acts?    Possession of at least 3 copies of child porn in the same form o  6. Distributors, theaters, telecom companies distributing child 

porn 7. Pandering child porn   Selling or distributing material causing another to believe that the material contains child porn, regardless of actual content  [Corrupting children]   o  o  8. Parent or guardian knowingly permitting the child to engage in porn o  9. Luring or grooming a child   Luring: communicating through computer with child to facilitate sexual activity or production of porn

 

o

 



What is child pornography? 

 

Grooming: preparing child for sexual activity by communicating child porn

109

 

   [Accessing child porn]     10. Willfully accessing child porn o  11. Possession of child porn

o

 



o

 



     [Conspiracy]  o  12. Conspiracy to commit any of the prior acts When is there a syndicate for child porn?  o  At least 3 or more persons conspiring or confederating with one another

o

o

 



 

 

o

 

o

R.A. 8049 – ANTI-HAZING LAW 

 



 



Which MC does RA 8049 not allow? o  Praeter intentionem  What are the qualifying circumstances circumstances? ?

   

o

What is hazing?  o  Placing recruit in some embarrassing or humiliating situation such as forcing him to do menial, silly, foolish, and other similar tasks or subjecting him to physical or psychological suffering or injury Requisites of valid initiation rites?  o  1. Include no physical violence o  2. Prior written notice to school authorities or head of the organization (ex. AFP) 7 days before the initiation.   The school/organization school/organization sends a representative to the rites Notice contains:     1. Names of all those subjected to activities    2. Time period  o  3. Initiation must not exceed 3 days. Liable as principals: 

o

1. Recruitment accompanied by force, violence, threat, intimidation, or deceit on the recruit  2. Recruit consented to join but wanted to quit upon learning about hazing, but was not allowed to quit   3. Recruit was prevented from reporting to parents or authorities through force, violence, threat, intimidation  4. Hazing committed outside school or institution 5. Victim is below 12 years old

R.A. 9344  – – JUVENILE JUSTICE AND WELFARE ACT 

 





What are the prohibited acts by competent authorities?  o  1. Branding or labeling the child as young criminal, juvenile delinquent, prostitute, or attach other derogatory names o  2. Making discriminatory remarks as to child’s class or ethnic origin o  3. Employment of threats of whatever kind or nature o  4. Using abusive, coercive, and punitive measures (cursing, beating, stripping, etc.) o  5. Using CIDT o  6. Compelling child to perform involuntary servitude



 



1. Officers and members who actually participated in the infliction of physical injury or death What is prima facie evidence of participation?      Merely being present there o  2. Officers or alumni who planned the hazing although not present o  3. Parents of member whose house is used, if they knew but did not prevent such acts from happening Liable as accomplices:  o  1. Owner of the place where it was done, if he has actual knowledge of what is happening o

 



 



IX: CRIMES AGAINST PERSONAL LIBERTY AND SECURITY KIDNAPPING AND SERIOUS ILLEGAL DETENTION (267)

 



Elements of kidnapping/SID kidnapping/SID? ? o  1. Committed by private individual  o  2. Kidnaps or detains another or otherwise deprives him of liberty What is the specific intent needed?     Specific intent is to deprive liberty Does deprivation just involve imprisonment or   locking up?    No. It can inclu include de deprivatio deprivation n of liberty in whatever form, and for whatever 



o

 

2. School authorities who consented to the hazing or knew, but did not prevent

length of time.

110

 

 



 

o

No need for actual deprivation of liberty, even if free to roam around, but cannot go home or go anywhere, there is still deprivation of liberty

3. Detention is illegal i.e., no consent was given     When is lack of consent presumed?   Presumed if the victim is a minor.     Can there be kidnapping even if the victim initially agreed to go with the offender?   Yes. If at the onset, the victim agreed to go with the offender, but is thereafter prevented with use of force from leaving the place, and there was deprivation of liberty, there is kidnapping. 4. At least one of the circumstances in Art. 267 applies

 





 





 

o

 

 



 





 



When Article does it267? become Kidnapping and Serious Illegal Detention under o  1. Detention lasted more than 3 days o  2. Offenders simulated public authority o  3. Physical injuries were inflicted on the victim o  4. Threats to kill the victim were made o  5. Victim is a female, public officer, or minor (except when accused is one of the parents) o  Is length of time relevant?    Only for the first paragraph (more than 3 days). Duration or length of time is irrelevant if any of the circumstance in par. 2 to the last paragraph of Art. 267. If the private individual pretended to be a policeman, is it a o  police crime of kidnapping with usurpation of public authority?    No. The usurpation of public public authority is a mo mode de of committing kidnapping (par. 2) so it is not a distinct offense. What are the qualifying circumstances?  o  1. Ransom is demanded Must ransom be paid?     No, mere demand for ransom is enough.  What can ransom encompass encompass? ?     Not just money but anything of value or beneficial  



 



 



o  4. Victim is subjected to torture or dehumanizing dehumanizing acts Distinguish kidnapping from grave coercion:  o  In grave coercion, a person is also prevented from leaving or going to another place, but there is no actual confinement or lockup of the victim. o  P v. Astor ga: accused and victim where strolling in school grounds where accused accused led victim to another tow town. n. The child wanted to leave but accused did not let her, parents saw them, not kidnapping but grave coercion Is there a complex crime of kidnapping with SPI?  o  No. Infliction of SPI is a mo mode de of kidnapping (par. (par. 3). What if the victim in kidnapping is tortured?  o  Under RA 9745, if the victim in crimes against persons or crimes against liberty is tortured, then the penalty imposed is the maximum. What if the victim is killed? o  Special complex complex crime crime of of kidnapping kidnapping with with murder homicide or o  Special N.B. unlike robbery (which is always just attended by   homicide), there can be special complex crime of kidnapping with murder When do such special complex crimes arise?  o  When there is a logical connection or intimate relation between the kidnapping and the rape or homicide. o  This applies even if the rape or killing is merely an afterthought. What if the person dies in crossfire due to police officers o  firing?    There is still kidnapping with homicide because it’s only required that there is a “logical connection” with the kidnapping or that arises from it o  What about torture?    Apply RA 9745 instead. “Dehumanizing “Dehumanizin g acts” – this has been amended by RA   9745, which considers torture as distinct from dehumanizing acts What if two persons were killed by reason or on occasion of the kidnapping?  o  There are as many crimes as the number of persons kidnapped. o  So in this example, there are two counts of the special complex crime of kidnapping with homicide.

   

o

 

What if a component crime of the special complex crime was merely attempted or frustrated? 

 

Elements: o  1. Offender is a private individua individuall o  2. Kidnaps or detains another or otherwise deprives him of liberty o  3. Detention is illegal o  4. None of the circumstances in Art. 267 apply What is the penalty for anyone who furnishes the place for the perpetration of the crime?  o  Same penalty as the principal What about in Kidnapping/SID?  o    The one who furnishes the place is liable as an accomplice. What is the special mitigating circumstance?  o  If the offender voluntarily releases the within 3 days from commencement of the detention:   1. Without having attained the purpose intended   2. Without institution of criminal proceedings yet N.B. It is NOT an exempting circumstance, it just reduces the o  penalty o  Does this special circumstance apply to Kidnapping/SID under Article 267?    No. Just 268. 268. What is one day? o  24 hours from deprivation Is the escape or rescue of the victim an exempting circumstance?  o  No



o

2. 3. Victim Victim is is killed rapedor dies as a consequence

111

 

 

There is no special complex crime. crime. The special complex crime only arises when all component crimes are consummated. o  If victim subjected to attempted or frustrated homicide/murder, this is separate from the crime of kidnapping, do not use Art. 48 X and Y kidnapped Z, took his car, and demanded ransom. When they failed to get ransom, ransom, they killed Z. What are the crimes?  o  1) Kidnapping with homicide homicide for ransom. 2) Carnapping   There is a special complex crime. o  The SC, however, said that the crime is kidnapping for ransom and carnapping, with the homicide as aggravating circumstance. The odd thing is there is no law allowing allowing for the homicide to be an aggravating circumstance. (P v. Muit  ) When is it simple murder, and when is it kidnapping with homicide?  o  Primary purpose of the offender is material in determining the crime. If the primary purpose is to kill, it’s murder. If the primary purpose is deprivation of liberty and the victim is killed, kidnapping with homicide. What about rape vis-à-vis kidnapping with rape?  o  If the original purpose is rape, and the deprivation of liberty is to fulfill this purpose, purpose, then rape. For kidnapping with rape, the rape must just happen on occasion of the kidnapping. Under PD 532 (highway robbery), what if kidnapping is committed too?  o  Qualified. Penalty is (before) death. When will kidnapping of a person on the highway become a crime under PD 532? o  The seizure must be directed not against a specific or o

 



 



 



 



 



preconceived victim, but against (indiscriminate). Must prove that the offenders areanyone organized for the committing of indiscriminate kidnapping. Differentiate kidnapping from illegal detention:  o  Kidnapping denotes taking of a victim o  Illegal detention consists in mere deprivation of liberty Can murder and kidnapping with murder arise as two separate crimes? o  Yes. Ex. X killed son of employer then kidnapped kidnapped and ki killed lled the other child, 2 crimes: murder and kidnapping with murder, as the killing of the first child was already consummated at the time the second was kidnapped and killed.

 

o

 



 





 



 



 



 



UNLAWFUL ARREST (269) 

 

 



 



What is the tenor of this crime? o  Arrest of another for delivery to proper authorities but without lawful cause o  Usual cause: arrest without warrant but not under any of the exceptions under law o  Who are the ―proper authorities‖?    Those authorized to arrest another and file the appropriate charges Who may commit this crime?  o  1. Private individuals o  2. Public officers (as long as the purpose is to bring the person to proper authorities to file charges) Compare to arbitrary detention (Art. 124):

SLIGHT ILLEGAL DETENTION (268)

112

 

 

In arbitrary detention, the public officer had no intention to bring the offended to the proper authorities but merely to detain the victim  What if the officer plants evidence against the victim in order to arrest him? o  It is arbitrary detention through incriminating machinations under Article 363.  o

 



 



What are the different kinds of abandonment?  o  1. Failure to render assistance to a wounded/dying person found in an uninhabited place o  2. Abandonment of one’s own victim in an accident  o  3. Failure to render assistance to an abandoned child below 7 years old   What if the child is over 7? Then the liability is under RA 7610.

KIDNAPPING AND FAILURE TO RETURN A MINOR (270)

 



 



 

Elements:  o  1. Person is entrusted with the custody of a minor person o  2. He/she deliberately fails to restore the latter to his parents or guardians Does this amend Article 267?  o  No. The intent in the two two crimes are different.



 



Whato is the here?   Theessential deliberateelement failure or refusal to restore minor to parent or guardian as the controlling intent o  What must be the nature of this intent?    Premeditated, intentional, malicious Can this crime be committed by any of the parents? o  Yes. In fact, this reduces the crime (special (special circumstan circumstance ce in Article 271 but applicable here)  

INDUCING A MINOR TO ABANDON HIS HOME (271)

 



 



What is the tenor of this crime?  o   Inducing a minor to abandon the home of his parents or guardians or persons entrusted with his custody Relate this with the crime of kidnapping and SID:  o  Kidnapping and SID cannot be committed by the parents of the minor (paragraph 4 of Art. 267 says “except when the accused is any of the parents”)  o  What if the parent ―kidnapped‖ the minor child?    It would be under 271 instead. o  What if the parent kidnapped his adult child?    Then Kidnapping/SID 267 can apply because the law only excludes parents if the child-victim is a minor

TRESPASS TO DWELLING (280) AND OTHER FORMS OF TRESPASS (281)

 



 



What are the two types of trespass to dwelling under 280?  o  1. Entering the dwelling of another against the latter’s will  o  2. Entering the dwelling of another against the latter’s will through means of violence or intimidation What are the elements of ―other forms of trespass‖ under 281?  o

 



 



 



 



 



Person enters the closed premises or fenced estate of   1. another o  2. It is uninhabited o  3. The prohibition to enter is manifest o  4. There is no permission secured from the owner or caretaker What if person enters the dwelling of another to commit a crime and commits such crime? o  Dwelling is an aggravating circumstance and loses juridical personality as a separate crime When will there be two crimes?  o  If the accused enters the house not to commit a crime, but once he enters, he commits a crime. o  Two crimes: trespass to dwelling and the other crime committed. Must refusal of consent be express?  o  No. It may be implied. What if the occupant is a mere tenant or lessee?  o  It is still trespass. When is there no trespass committed? o  1. Purpose of entry is to prevent some serious harm to the person entering, occupants, or third persons  o  2. Purpose is to render some aid to humanity or justice  o  3. Places entered are cafes, taverns, inns, and other public houses while open  What if these cafes, taverns, etc. are closed?     Then there is trespass to dwelling  

ABANDONMENT OF PERSONS IN DANGER (275)

 

What if the place is a disco, restaurant, etc?

113

 

 



 

They can still be the object of trespass but it becomes trespass to property because these are not dwelling 

Indications show he persists in the crime



 



Whato are1.the other similar crimes? Violation of dwelling (128)   o  2. Unjust vexation or light coercion (287)  o  3. Theft    If entry is to fish, harvest, gather, etc.   o  4. Vagrancy  If the property is not fenced and there is no prohibition   of entry  Who should give permission to enter the dwelling? o  Person of sufficient discretion.

GRAVE THREATS (282), LIGHT THREATS (283), AND OTHER LIGHT THREATS (285) 

 

 



 



 





 



 

Whato is aThose gravemade threat?   deliberate purpose of creating in the mind of with the victim a belief that the threat will be carried out o  What is the nature of the threat?    Infliction upon the person, honor, or property of a person or his family of any wrong amounting to a crime Must there be a demand for money or any other o  condition?    There may or there may not be What is a light threat?  o  Threat to commit a wrong not constituting a crime, with a condition imposed

 



 



 





Whato are1.other light another threats?with   Threaten a weapon or draw the weapon in a quarrel, unless in lawful self-defense o  2. In the heat of anger, orally threaten another with some harm not constituting a crime, and it shows that he did not persist in the idea (N.B. the code says “not constituting” but that wouldn’t make sense, because par. 3 covers covers that. So it’s supposed to “constituting a crime”)  o  3. Any person who orally threatens to do any harm not constituting a felony

Grave threat

Light threat

Other light threat

Threatens a crime

Threatens a wrong

Threatens a wrong

 



Threat made in the heat of anger and indications show he does not intent to persist in the wrong

Can intimidation be committed by an intermediary?  o  Yes What if the threats are part of the element of intimidation/violence in the commission of another crime, what happens?  o  The threats are absorbed. o  Ex. threatening to kill unless she gave in to sexual advances of accused, the crime is rape What if the grave threats constitute force or intimidation to vacate property?  o  Not grave threats but usurpation of real property or real rights over property Distinguish from robbery through extortion: o  1. Grave threats depend upon moral pressure. o  2. If crime consists of securing on the spot the property of the victim, it is robbery through extortion How may multiple counts of grave threats be committed?  o  There are as many counts of grave threats as the number of people threatened What is a bond for good behavior? o  For grave threat and light threat (not other light threats), the court may require the offender to give bond not to molest the person threatened  o  If he so, unlawful? he shall be sentenced to destierro   Is a threat to fails sue to in do court o  No. The threat must constitute a “wrong” and suing suing in court is not a wrong. 

GRAVE COERCION (286)

 



Elements of grave coercion: o  1. Person is prevented by another from doing something not prohibited by law or compelled to do something against his will, whether right or wrong  o  2. Prevention or compulsion is effected by violence either by

May or may not have a condition

Must have a condition

Does not condition

have

material force or serious intimidation that can control the will of another 

a

114

 

 

 

3. Person who restrains the will/liberty of another has no right to do so  What are the two types of grave coercion? o

 



 

o

o

1. Prevents another from doing something not prohibited by law (preventive coercion) OR  o  2. Compel him to do something against his will, whether right or wrong (compulsive coercion)  o  What if the subject of preventive coercion is an act prohibited by law?   There is no grave coercion    But it can be some other crime:    e.g. physical injuries (if applicable), applicable),    unjust vexation (if no injury)  When is grave coercion aggravated?

 

 

 







 



1. Coercion in violation of right of suffrage   2. To compel another to perform or not perform any religious right  Distinguish between grave coercion and SID/K? o  Grave coercion – no intent to deprive another of his liberty o  SID – there is intimidation, but to deprive liberty What if the coercion is to prevent people from seeking grievance or peaceably assembling?  o  Article 131 (disturbance or prevention of peaceful meeting) What if the threat is against the owner of a property intending to take his property from him?  o  Article 312 (usurpation of real property or real rights over property)   May be liable for grave threats or homicide (if the person is killed), as the case may be.   But it may be absorbed by the “violence” provision in Art. 312 What if there is lewd design?  o  Forcible abduction, not grave coercion Distinguish between threat and coercion: o  Threat:    1. Threatened harm/wrong is future and conditional o

  

o

 



 



 



 



 



3. By means of intimidation which is future and conditional Coercion:

1. Threatened harm/wrong is immediate, personal, and direct   2. Cannot be done through intermediary or in writing   3. Committed by violence, although it may be brought about by intimidation if serious enough, direct, immediate, and person (such as intimidation with a firearm) Illustrate the distinction:  o  Threat: “if you are still here when I come back, I will kill you.” (future and conditional) o  Coercion: “if you do not get out, I will kill you.” (immediate,

direct, and personal) LIGHT COERCIONS/UNJUST VEXATION (287)

 



 



 



 



What are light coercions? o  Person, by means of violence, seizes anything belongi belonging ng to his debtor to apply for payment of the latter’s debt  What is unjust vexation? o  Human conduct while not leading to physical harm or without use of force or intimidation, leads to annoyance, irritation, disturbance to victim (“nangungupal”)  What if there is a crime against property? o    There is malicious mischief, not unjust vexation. Unjust vexation requires crime against personal security.  How can this crime be committed? o  Crime of dolo only  Distinguish unjust vexation and attempted rape: o  Determine if the act was done in pursuit of rape or merely to distress/annoy.  o  Ex. in Baleros v. P, X covered M’s face with a piece of cloth soaked in chemical. chemical. There was no proof how however ever that it was in pursuit of rape. He was charged w with ith attempted rape, but was only convicted for unjust vexation.  

 

2. May be done through intermediary or in writing

 

o

What is the determining factor? The person’s intent   

115

 

   

DISCOVERY AND REVELATION OF SECRETS (290-2)

 



What are the punished acts?  o  1. Private individual, to discover the secrets of another, seizes his papers or letters and reveals the contents (290)   Lower penalty if there is no revelation   NOT applicable to parents, guardians, persons entrusted with custody of minors with respect to the papers or letters of the children o  2. Manager or employee learns secrets of principal and reveals them (291) o  3. Person who reveals trade secrets to the prejudice of the owner (292)   Includes information not patented but known only to a few individuals

o o

o

 

 



 



What kind of communication is covered by RA 4200? o  Only private communication is expressly prohibited to be recorded secretly by any person including one party to that conversation  o  So public conversations or statements are not covered  When is recording allowed? o  When there is consent by all those involved in the conversation   Does the law cover tape recorders or phone extensions? o  Tape recorders are included, phone extension lines are not 

   ANTI-TRAFFICKING OF PERSONS ACT  RA 9208 –   What are the punishable acts?  o  1. Recruit, provide, or receive persons for the purpose of prostitution, porn, sexual exploitation, involuntary servitude, forced labor, slavery, debt bondage   Including those in the pretense of overseas employment o  2. Introduce or match for money a Filipina woman with a foreign national for marriage or for the purposes above o  3. Offer or contract marriage, real or simulated, for the purposes above 

7. Recruit, hire, transport, abduct person for organ-harvesting 8. Recruit, transport, or adopt a child for armed activities here or abroad What are the acts that promote trafficking of persons?  o  1. Knowingly lease or sublease property to promote trafficking o  2. Produce or issue fake government compliance materials to facilitate trafficking (ex. registration stickers, pre-departure requirements, etc.) o  3. Advertising or promoting trafficking o  4. Assist in misrepresentation or fraud to facilitate acquisition acquisition of clearances and exit documents from government o  5. Facilitate,inassist, or seaports, help in entry/exit of persons using fake documents airports, or boundaries

   

o

 



 – ANTI-WIRETAPPING ACT  R.A. 4200 – 

5. Maintain or hire a person for prostitution or pornography 6. Adopt or facilitate the adoption of person for abovementioned purposes

 

6. Confiscate, conceal, or destroy travel documents of those trafficked to prevent them from leaving the country or seeking redress o  7. Knowingly benefit from use of a person in involuntary servitude, slavery, or debt bondage What are acts that qualify trafficking?  o  1. Trafficked person is a child o  2. Adoption is effected through Inter Country Adoption Act of 1995 and the purposes are any of the above prohibited activities o   3. Crime is by a syndicate or in large scale   Syndicate: 3 or more persons conspiring   Large scale: against 3 or more persons individually or as a group o  4. Offender is ascendant, parent, sibling, guardian, or person with authority of the victim, or public officer/employee o  5. Offender is law enforcement agent or military personnel o  6. Offended party dies, becomes insane, acquires HIV/AIDS o

 



X: CRIMES AGAINST PROPERTY

OBBERY IN o

 

R  

4. Undertake or organize tours and travel plans with tourism packages or activities pursuant to the above activities



ENERAL

G Elements:

(293)

116

 

 

o

 

1. Personal property of another What does property cover?     Includes any property not included in the



 





enumeration of real properties o  Because if it’s real property, it’s usurpation of real property   And capable of appropriation   N.B. Includes electricity, phone services, and the like Can contraband property (ex. drugs) be subject to   theft/robbery?    Yes. 2. Unlawful taking   What is ―taking‖?  

 





 





 

o



Taking of personal property out of possession of another without privity or consent and without animus revertendi (intent to return) What must concur:   1. Taking (physical act)   2. AND intent to gain (mental act) Is there frustrated robbery?    No more frustrated robbery, just attempted or consummated   Taking need not be permanent; Even brief

 

 





 





 

o

3. Intent to gain possession already consummates the crime How can intent to gain be established?      Intent to gain can be established through overt acts of offender before or after the taking of personal property. Intent to gain presumed from taking another person’s property without consent. Intent to gain cannot be presumed only if there is evidence to the contrary.   Not necessary that the offender ACTUALLY 



 

o

Not limited to just pecuniary benefit, but also utility, satisfaction, enjoyment, and pleasure Ex. Gasoline boy took a parked car and went on a joy ride. He claimed that he did not intend to take it. But here, there was g gain ain because there was enjoyment, utility, satisfaction, and pleasure. Even mere use of property taken is already “gain” under the law.   “Gain” rebutted by evidence that he took   property because he claims to be the owner of the property. The person is is exempt from theft or robbery, even if it turned out not to be his. If the claim is made in BF BF,, then it is

theft or robbery. o  At best, it is just coercion. 4. Violation or intimidation against persons OR force upon things When is it robbery or theft?      The crime is robbery, not theft, if there are acts of violence, or intimidation before asportation, to enable the person to take the property.   If violence or intimidation was done after possession was taken, he is only liable for theft, grave coercion, or physical injuries as the case may be. o  Exception: Robbery with homicide, and robbery with rape (“in the occasion of”)    Is snatching theft or robbery?   Depends. If the victim is is not subject to violation or intimidation, intimidation, it is jjust ust theft. If the owner is wounded through violence or there is intimidation, it is robbery.  What is ―Intimidation‖?   





 

 

gains, because intent to gain is enough. What is ―gain‖? 



Unlawful

coercion,

duress,

putting

owner/possessorr in fear owner/possesso

117

 

 



 



 



 



 

Attempt to take property of another with threats of bodily harm No requirement of material violence  – it is

NOT indispensable for there to be intimidation Is it possible that one is guilty BRD of theft/robbery even if the thing stolen is not offered in evidence? o  Yes, because the person may have destroyed the property, thrown it away, etc.   o  As long as the corpus delicti is proved, the unlawful taking of personal property, there can be proof BRD.   What is the presumption of robbery/theft? o  One in possession of recently  stolen property is presumed to be the author of the crime of theft/robbery.    Recentness is case-to-case.  Possession may be actual or constructive. The property may be in the actual physical control of the offender or in the possession of another, but under the control of the offender.   Ex. I stole something but  pinatago ko sa kaibigan ko  o  Accused must not be able to explain his possess satisfactorily. When is the presumption conclusive? conclusive? o  If the accused fails to explain any innocent origin of his possession, and the possession is fairly recent, and it is exclusive. 

o



 

 



 



 



 



ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION AGAINST PERSONS (294)

 



 



What are the crimes penalized under 294?  o  1. Robbery with homicide o  2. Robbery with rape, intentional mutilation, arson, or personal injuries in subdivision 1 of 263 o  3. Robbery with physical injuries in subdivision 2 of 263 o  4. Robbery with physical injuries in subdivision 3-4 of 263 o  5. Simple robbery N.B. The first four are special special complex crimes; the fifth is not. not. Art. 48 will not apply for crimes here in Art. 294 What is the rule in order? o  The above order order must be o observed. bserved. Thus if there is both

Otherwise, if both consummated, then it’s a special complex crime. What does ―homicide‖ cover?  o  “Homicide” is used in its generic generic term. There is no robbery robbery with infanticide, infanticide, parricide, murder, etc. There is no no robbery with multiple counts of homicide. nd rd o  DO NOT use the 2 or 3   killing as aggravating. aggravating. It’s just just robbery or homicide. o  Is there robbery with homicide and frustrated homicide?    No. The frustrated homicide is absorbe absorbed d by the robbery with homicide. What do you mean ―by reason of the crime of robbery‖?   o  The homicide/other constituent crime was not committed in the course of robbery, or shortly thereafter, but there is a LEGAL connection, intimate relation in the commission of robbery   Ex. Killing the victim to prevent the person from reporting to the authorities   Ex. Killed noisy neighbor who shouted “magnanakaw!”  o  It doesn’t matter if it happens before, during, or after   o  P v. Mangulabnan  – Person was was robbing a house. He heard rumbling noises in the attic and shot a gun at the ceiling, and

 

 



 



 



What if the physical injuries are merely LSPI or slight PI? o  It’s just simple robbery under par. 5.   Can there be robbery with homicide through reckless imprudence? o  No.  When will the special complex crimes arise? o  The other crime must be consummated.  May Art. 48 apply if the constituent elements are not consummated? o  Yes. If one crime is done to commit another, or or a single ac actt resulting into two or more grave or less grave offenses, and one constituent crime is not consummated.  o

 

o

Is the ―extra rape‖ aggravating?    The rape is NOT ag gravating because it’s not under  Art. 14. 

even without intent to kill, he accidentally killed a hiding person. HELD: Robbery with homicide. (Not robbery with

homicide and rape, the crime crime is robbery with homi homicide. cide. There is no “Robbery with homicide and rape.” 

118

 

 

o

homicide through reckless imprudence  – even if it is by mere accident, it is robbery with homicide) What if the person killed is one of the robbers himself?     

 



 



 



 



 



 



Doesn’t matter. It’s still robbery with with homicide.  Even if the guy who shot a robber is also a fellow robber. Is there robbery with homicide AND rape? o  No. As long as there is is homicide, it is AL ALWAYS WAYS just robbery with homicide.  o  But the rape still has corresponding civil liabilities.  o  If a house is burnt to kill another, it is robbery with homicide, not robbery with arson or robbery with homicide and arson   What if there are multiple people killed or raped? o  Irrespective of number of people killed or rape, it is just robbery

with homicide or robbery with rape. When do two crimes arise?  o  If the original intent is to kill or to rape, but as an afterthought, he stole from the person he killed or raped, then there are TWO CRIMES. o  Separate crimes of homicide and robbery o  Separate crimes of rape and robbery Can there be robbery with homicide, if aside from intent to gain, there is another motive (ex. He wanted to kill the guy)? o  Yes. As long as there iis s intent to rob, even if there a are re other motives, it is robbery with homicide. P v. De Jesus: A group of robbers robbers were robbing in in Makati. One of the robbers was shot. There was a chase all the way way to Laguna, where a shoot out happened. happened. Another robber got shot by by the police. o  HELD: Robbery Robbery with with homicide. EVEN IF the shoot out happened in some other place, it was intimately connected to the robbery. Also, it does not matter that it was a robber that got killed. If a homicide is committed by one robber, ALL of them are liable for robbery with homicide. (“One merges his will into the common intent.”)   EXCEPT: when one of the robbers overtly attempts to prevent o  the homicide. He is ju just st liable for rob robbery, bery, even if he is

 

 



 



 



 



 



Even a look-out is a PDP, because the conspirators are given specific tasks to further the crime. Is there a special complex crime of theft with homicide?  o   No. Robbery with homicide – does it absorb physical injuries? o  Yes. Again, follow the order provided.  May there be a crime of robbery with force upon things with robbery with rape or robbery with homicide? o  No. Robbery with force upon things cannot cannot be complexed with robbery with rape (or homicide).  When is there robbery with rape? o  When the robbery is accompanied by rape, AS LONG AS THE ORIGINAL intent is to rob.   o  This applies even if the rape was committed even before

asportation. The intention to ro rob b must precede the rape, even if the actual robbery comes after.   o  Thus, if the accused raped the victim and just he took the  jewelry as a memento, there are two crimes of robbery and rape – the original intention in this case is not to rob.   What if there are multiple rapes? o  Even if there are multiple rapes, it is just robbery with rape. o  What if each of the accused raped the victim?   Even if each of the accused raped the victim, there is only one crime of robbery with rape. o  Accused robbed the victim, raped her twice, and then he inserted his finger in the vagina of the woman. woman. What was the crime?   HELD: Robbery with rape. The second rape and insertion of the finger a are re absorbe absorbed. d. Even the insertion of a finger was absorbed! Three robbers took victim of robbery in a taxi and went to o  Quiapo. One robber mad made e the other two go d down, own, and then he took the woman to a motel. What was the crime?    HELD: All of them were guilty of robbery. The other one is also liable liable for rape, separately. If the place of the rape is far from the situs of the robbery, there are

TWO crimes, but not robbery with rape.

unsuccessful. o

 

What is the liability of the look-out?



 

When is there Robbery with arson? o  Arson must be contemporaneo contemporaneous us to robbery.

119

 

 

o

 

When is there robbery with arson?    There must be violence and intimidation upon persons first and thereafter, the premises are burned

and there is NO killing, rape, or mutilation. Why not force upon things?    This will give rise to two crimes: robbery and arson. This is becaus because e the arson iis s deemed a cover-up of the robbery. robbery. It is not complex because neither is a means to commit the other (because both are Crimes against Property). When is dwelling aggravating and when is it absorbed? o  It is aggravating in robbery with homicide  o  Inherent in robbery with force upon things and the place

o

 

 



 



 



 



 



 



broken into is the dwelling  X raped Y, killed her, and and robbed the plac place. e. Crime? o  1) Rape with homicide and 2) robbery  X raped Y, killed her, and took things from her person. Crime? o  1) Rape with homicide and 2) theft   X robbed Y, raped her, and then killed h her. er. Crime? o  Robbery with homicide  X raped Y, robbed her, and then killed h her. er. Crime? o  Robbery with homicide 

ROBBERY

WITH

PHYSICAL INJURIES

FIREARM

 

 



 



 



 



What are the special aggravating circumstance circumstances s here? o  1. In an uninhabited place place  o  2. By a band  o  3. Attacking a moving train, car, airship, or entering passenger compartments in a train  To what kinds of robbery does this provision apply to? o  Robbery with Physical Injuries  What is the nature of ―band‖ here?  o  “Band” here is in the nature of a SPECIAL aggravating

Reason: 295-6 only apply to Robbery with Physical injuries. Art. 296 provides that if any of the firearms used is unlicensed, the penalty is the maximum period. Was this amended by RA 8294? 8294? o  Yes. Art. 296 has been amended by RA 8294. Here, the unlicensed firearm will not increase the penalty to its maximum period anymore. o  Art. 296 – “Firearm” here can be licensed or unlicensed.  o  Arms can includes bolos and clubs. If one is a member of a band, may he be not liable for crime of robbery, if he tries to prevent it? o  Yes. Even if he is a member of a band, if he prev prevents ents the robbery or tries to, he is not liable.  PD 532 – Highway robbery or brigandage o  There must be evidence of indiscriminate commission of the crime of robbery for PD 532 to apply 

ATTEMPTED AND FRUSTRATED ROBBERY (297)

 



ON A STREET , ROAD, OR

ALLEY (295-6) 

 



THAT ARE COMMITTED IN AN UNINHABITED

PLACE AND BY A BAND , OR WITH THE USE OF

Contrast: BUT for robbery with homicide/rape/intentional mutilation/arson band is ONLY just a generic aggravating circumstance

 



 



 



Has this provision been nullified by P v. Valenzuela? o  Yes. It is rendered nugatory as far as FRUSTRATED robbery is concerned.  o  Ex. Offender entered the property but he did not find any property there. It is NOT NOT frustrated ro robbery bbery but attempted   robbery  N.B. Homicide in 297 is used in its generic generic term. The homicide must be consummated. If the crime of homicide was committed with treachery, can treachery be used as a generic aggravating circumstance? circumstance? o  Yes. In other situations, if there is treachery, it becomes murder. But there is no such thing as ro robbery bbery with murder. murder. So it is robbery with homicide, with the generic aggravating circumstance of treachery. (P v. Escote) What if the robbery is merely attempted but there was

consummated homicide, what is the charge?

circumstance and cannot be offset by a generic MC.

o   Separate crimes of attempted robbery and homicide.  EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION (298)

120

 

 



 



 



 



What is the crime here? o  Person who with intent to defraud another, by means of violence or intimidation, compels him to sign, execute, or deliver any public instrument or document.   o  The crime is still robbery.  What kind of document is referred to in 298? o  Public instrument instrument or docum documents ents only. It does not include private documents.  If it is a void document, will that be robbery under 298? o  No. It is grave coer coercion. cion. Robbery pre presupposes supposes damage damage caused to the victim, but since the document is void, this means he does not lose anything. The offender compels by violence or intimidation the victim to execute a document document but he died due to heart attack. What is the

 



does this differ from Article 178, where there is also use of fictitious name?  o  Here such use is to enter the house, with with intent to rob. In 178, to conceal crime, etc. o  Do you apply Article 48?   No, because use of fake name is an element of the crime. Same as with simulation of publ public ic authority.  ROBBERY OF AN UNINHABITED PLACE (302)

 



 



crime, 298 or 294 (robbery with homicide)? o  298, but even so, the penalty is still governed by 294 par. 1, as provided in the last sentence.  ROBBERY IN AN WORSHIP (299)

 



INHABITED HOUSE, PUBLIC EDIFICE, OR DEDICATED TO RELIGIOUS

What are the situations where there is robbery with force upon things, under this provision?  o  1. Entering the premises using:   A. Constructive force:   Entering through opening not meant for ingress or egress   Using picklocks or similar tools   Simulating public authority or false name   B. Actual force o  2. Entering without force but while inside, broke walls, doors, receptacles to extract personal property   Is constructive forced allowed here?    No. It must be actual actual force. o  3. Brought out of the premises locked or sealed receptacles for the purpose of breaking them outside What if none of these apply? 

 







 



What is an uninhabited place?  o  Synonymous to an “uninhabited “uninhabited house”   If committed by a band, what is the effect on the robbery of an uninhabited place? o  Maximum penalty – this is provided by Article 300.  What is Robbery in Article 303? o  Robbery of cereals, fruits, firewood in an uninhabited place or building. The penalty here here is lower. 

POSSESSION OF PICKLOCKS OR SIMILAR TOOLS (304-5) 

 







  2. Public building    3. Edifice for public worship  There is a provision here here about use of fictitious n name ame to rob. How o

o



   



What are the crimes here?  o  1. One who without lawful cause possesses picklocks or similar tools specially adopted to commit robbery o  2. Maker of such tools; higher penalty for locksmiths What if robbery is actually committed? o  The possession of picklocks is absorbed   What are ―false keys‖?  o  1. Picklocks o  2. Genuine keys stolen from the owner o  3. Any keys other than those intended by t he owner

BRIGANDAGE (306-7)

 



Were article 306 and 307 of the RPC amended by PD 532 (Anti piracy and anti highway robbery law)? o  No, it was not. The crime in PD 532 is a sepa separate rate crime from

 

o 

 

It s just theft. 

Arts. 306 and 307.  

What properties must be robbed here? o  1. Inhabited house 

Brigandage (306-7)

Highway Robbery (PD 532)

121

 

3 or more armed robbers

Even just one person; but actually organized or dedicated to commit highway robbery

Mere conspiracy to form a band of brigands is a crime

There must be performance of actual highway robbery

Robbery against a particular victim

Indiscriminate highway robbery

 

o

o

Aiding or abetting a band of brigands (307)

Accomplice under Art. 4 of PD 532

4. Enter enclosed property where trespass is prohibited, then hunt, fish, or gather crops  Distinguish from: robbery of cereals, etc. from an   uninhabited place  May stolen property be the subject of theft? (―Nanakaw na nga, ninakaw pa ulit‖) o  Yes. The law does not not distinguish.  How do you establish intent to gain? o  Acts preceding, contemporaneous, or subsequent to taking.   Can there be intent to gain if the purpose is to conceal a o  crime?

 

 



Liability of those who profit from the robbery:

3. A person who maliciously damaged property of another, shall remove or make use of fruits or object of the damage caused by him 

 



Fencing

HEFT

T  



 



(308) May a crime be theft even if there is violence used to take away personal property of a victim?  o  Generally, no. There must be no violence or intimidation or force upon things. o  Exception:   When the violence committed was not for the purpose of taking the theft. Ex. When a person was killed first, then as an   afterthought, the criminal criminal took the pro property. perty. Since the property by operation of law goes to the heirs, there was withoutare consent even here: if thehomicide original ownerstill is taking dead. There two crimes and theft How many modes to commit theft? o  1. Taking another person’s property without his consent   o  2. Offender finds lost property and he does not return it to the owner or the authorities  Who are the authorities?     Local authorities    Can this be committed by culpa?   No. There must be DELIBERATE DELIBERATE refusal to 



 

 



Yes. Benefit is not always materia material, l, it can be any kind of benefit to amount to gain.  o  Is there presumption of theft? Yes, when personal property is found in possession of   recently stolen property and he cannot explain how he came into possession possession of such. Then it wi willll become conclusive.  o  How recent is recent?   Case by case.  If a person is given property for a particular purpose and that person took or misappropriated the property, would it be estafa or theft? o  Theft; when only physical possession is given but juridical possession is kept kept by the transferor. What is given here is just DE FACTO possession, not juridical. o  But if juridical possession is given to the transferee, it is estafa. A bank teller, after receiving deposit, instead of giving it to o  the bank takes the money. money. What is committed?   Theft, not estafa.    The bank teller is a mere employee employee of the bank. As an employee of the bank, she only get de facto possession of the deposit. deposit. So it is theft.

 



return or deliver to authorities. 

Can there be theft of services?  o

 

Yes. Under Code of Commerce, services are personal property.

   

P v. Avila – Said this is theft. But it can be argued that it is in custodia legis and he is an accountable officer, and it can be MALVERSATION MALVERSATION.. 

122

 

 



Can gas or electricity be stolen?  o  Yes, using jumpers. So even intangible property can be subject to taking. RA 7832 also punish punishes es theft of electrical prop property. erty. So which is applicable, 308 or RA 7832?   Either under Art. 308 or RA 7832.   Can commercial documents, PNs, etc., be subject to theft? o  Yes, these have value.   In a case, the sheriff stole evidence stored in the vault of the court (ex. Gun, money, whatever), when the clerk of court mistakenly left the vault open. What crime was c committed? ommitted? o  Sheriff: theft  o  Clerk of court: Malversation by culpa, since he has custody of documents  o

 

 



 





 

 



I own a car. car. I delivered it to the repair s shop. hop. I left it, and the owner of the shop sold my c car. ar. What crime w was as committed, theft o orr estafa? o  Theft. To determine between between theft and estafa, ask: ask: was the possession de facto or jjuridical? uridical? Here, it w was as merely de facto/material possession. o  But doesn’t the repair shop acquire a lien over the property, under Sec Trans, where he can sell it if he is not paid?    It does not apply he re, because he hasn’t even tried repairing the car. o  The SC had a decision saying this is estafa (Laura Santos case). But J. Callejo does not agree with this. this. When this case was decided, there was no carnapping law o  yet. Should it apply now?   Yes. Article 308? What do you mean by ―lost‖ in Par. 1 of Article o  The property must have an owner and is not yet res nullius.  o  If property is stolen and the thief’s identity cannot be deciphered, can you consider the property lost?   Yes. o  Can loss stem from one’s own faults?

o o



 

Is a person who profits from the theft a principal or accessory? o  Principal under the Anti-fencing law  o  Accessory under the RPC 

QUALIFIED THEFT (310)

 



What are the grounds to qualify? o  1. Those personal to the offender:   A. Grave abuse of confidence   B. By a domestic servant o  2. Referring to the object taken   A. Coconut taken from plantation whether from the tree or on the ground   B. Fish taken from the pond (if out of the pond, simple theft)   C. Motor vehicle –    now also under Anti-carnapping law which is malum prohibitum    D. Large cattle –    now also under Anti-Cattle Rustling law, which is still malum in se even if SPL    E. Mail matter – must be with intent to gain   Viz. other crimes like estafa or revelation and discovery of secrets o   3. Circumstances during taking such as calamity and misfortune Was this amended by PD 533, the anti cattle rustling law and RA 6539, the anti-carnapping law?  o  No; these are SPL, according to the SC What is grave abuse of confidence? o  It must be a special relation of intimacy.  o  Ex. Branch manager stole the jewelry under his custody.  If there is conspiracy, but one is trusted and the other is not, what is the crime? 





 



 



 



 

 



 

Yes.  

o

I saw property and did not know who owns it. I gave it to the police and he stole the property. property. What is the crime of the cop?

 



Two crimes: qualified theft for the former, simple theft for the

latter  How about a commission salesman of a corporation?

123

 

 

o



 

 

Just simple theft, because there is no evidence except that he was a commission salesman that the employer reposed confidence on him 

 

What does mail matter include? o  Any matter that is deposited with the Phil. Postal Corporation which are delivered delivered through through postal serv service. ice. Includes mail mail matters, parcels, money orders, printed materials, etc.  o  Regardless if it is a postal corporation or a private corporation. What matters is that it is MAIL MATTER 

 

 



 



Taking with intent to gain a motor vehicle:   o  1. Without latter’s consent  o  2. Or force upon things  o  3. Or violence/intimidation violence/intimidation upon persons   How does it differ from theft/robbery? o  It addresses theft of motor vehicles belonging belonging to another   o  It deals EXCLUSIVELY with motor vehicles  o  Without this law, the taking of motor vehicle is theft/robbery as the case may be. What is a ―motor vehicle‖?  o  Any vehicle propelled by power other than muscular power using public highways    So a motorcycle is included. included. A bicycle bicycle is not. A tricycle is included. A pedicab is not.  o  Does not include:  1. Utility vehicles if not used on public highways  2. Those than run only on rails or tracks    3. Those used exclusively for agricultural purposes   What about trailers?   Classified as a separate motor vehicle, regardless of number of wheels and whether propelled or attached to another vehicle  What is the crime for these other vehicles not covered?   They are subject to theft/robbery are two kinds penalties provided, following RPC

 



 



 

 

 

o

 



There

or on occasion thereof”  Who must be killed or raped?   Anyone, even if the person killed is anyone other than the owner, driver, or occupant of the car, the (Ex. Bystander)  o  For this to committed, the homicide, murder, or rape must be CONSUMMATED.     If the homicide or murder is merely attempted or frustrated, then the crime is qualified carnapping.  o  DO NOT apply Article 48 of the RPC.   Someone committed qualified carnapping (14 y 7 – 17 y 4 penalty) and then sold the car to another person. Is he an accessory under Art 19 of the RPC? o  NO. The nomenclature does not follow the RPC.  o  But he can be a principal for FENCING.  X’s initial intent is to kill the driver. However, he stole the car as an afterthought. What is the crime? o  Two crimes: 1) Homicide, 2) Carnapping  X rented a car, so the initial possession possession is lawful. But he killed the driver and took it for his own. own. What is the crime? o  Carnapping with homicide homicide.. Even if the d driver river was not the owner, it is still carnapping because there was no consent by

 

o

 

o

driver, or occupant of the car is killed or raped.  B. 17 years and 4 months to not more than 30 years if with violence, intimidation, or force upon things     “Qualified carnapping”  o  C. 14 years and 8 months to not more than 17 years and 4 months if committed without violence, intimidation, or force upon things    “Simple carnapping”  When is there a special complex crime of carnapping with rape, homicide, or murder? o  “If committed on the course of the commission of carnapping

 

o

R.A. 6539 –  – ANTI-CARNAPPING LAW  

Special complex crime of carnapping with homicide, carnapping with rape, carnapping with murder  It is a single and indivisible indivisible offense. Here, the owner,

 



 



nomenclature and not: o

 

the owner. 

A. RP to death RP if there is homicide, rape, murder  

124

 

 



X was hired as taxi driver to drive the car for a fixed period of time. He did not return it after. The taxi was found abandoned abandoned in a place. What is the crime? Carnapping. After the initial lawful lawful possession, it transformed to unlawful possession.  o  Doesn’t the abandonment exculpate X?    No. The crime crime w was as consummated consummated even if the carnapper abandoned the car after. X stole a truck and the personal personal effects contained therein. therein. What is the crime? o  Two crimes:    1) Carnapping as to the truck     2) Theft as to the personal effects  o  The SC was wrong here, because it said qualified theft.  

 



 

o

 



ANTI-FENCING LAW (PD 1612) 

 



 



 



 



What is fencing?  o  Act of any person who with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell, or dispose of, buy and sell, or in any manner deal with an article, object, item, or anything of value which he knows or should be known to him to have been derived from proceeds or robbery or theft Who is a fence?  o  “Fence” is person, corporation, or association, or partnership that commits the act of fencing o If corporation, association, or partnership  – president,   manager, owner or responsible officer Who are punished? o  Those who buy, keep, conceal, or sell the stolen goods What is the requirement for those who do buy-and-sell? o  Need a permit or else, liable as a fence. There is no fee for the permit. o  Failure to get can result to closure of business. o  Procedure to obtain permit/clearance:   1. Name, address, pertinent circumstances

 



Elements: o  1. Crime of robbery or theft committed o  2. Accused, not a principal or accomplice in the commission of the crime, deals with the article in any manner, and the article was derived from the proceeds of the crime o  3. Accused knows or should have known that it was derived from proceeds of robbery or theft   Essence: “known/should have known were the proceeds of robbery or theft” – moral turpitude   Test if the articles were displayed for sale, if a receipt was issued, etc. o  4. There is intent to gain for himself or another What is the presumption under law? o  Mere possession of the stolen goods creates presumption

o   Thus, no need to prove prior robbery was committed CATTLE RUSTLING (PD 533) 

 



 



May there be cattle rustling even if cattle is not taken? o  Even if large cattle is not taken, there can be cattle rustling if it is killed and its meat is taken.   There may be a special complex crime of cattle rustling with homicide if a person is killed on the occasion of cattle rustling.  

USURPATION OF REAL PROPERTY OR REAL RIGHTS OVER PROPERTY (312) 

 



 



 



What is usurpation?  o  Similar to robbery except that in robbery, personal property is involved What is the penalty?  o  1. Penalty for the act of violence o  2. Penalty for the act of usurpation However, what is the nature of this offense? o  It is a single and indivisible offense.   So the crime is still usurpation, but the penalty is twofold (takes into account the act of violence)   It is not a complex crime like Usurpation with homicide. It is just usurpation. usurpation.

 

2. Article sold or offered for sale to public and

 

name/address of where he got it from 3. Receipt or document showing acquisition

 

o

It is possible that a single and indivisible offense is committed, but there are as many penalties as how many acts of violence are committed.

125

 

 



 

What are the possible acts that may accompany the act of usurpation? o  1. Homicide, physical injuries in subdivisions subdivisions 1 and 2 of Article

  o  o

 

o

263 on occasion of such occupation or usurpation  2. Rape or intentional mutilation  3. Physical injuries in subdivisions 3 and 4 of Article 263 in the course of execution of the usurpation  4. Intimidation or infliction of physical injuries to commit the usurpation or occupation 

   

 

o

CULPABLE INSOLVENCY (314) 

 



What is culpable insolvency? o  Committed by debtors who conceal properties to avoid payment of legal debt o  Higher penalty if committed by merchants

 

o

SWINDLING/ESTAFA (315)

 



How is estafa committed?  o  1. With abuse of confidence or unfaithfulness (par. 1) o  2. Through deceit or false pretense (pars. 2 and 3), with damage in either case

ESTAFA WITH UNFAITHFULNESS OR ABUSE OF CONFIDENCE (¶1)

 



 



 



What are the three acts covered by this paragraph?  o  1. Altering the substance of anything with value that the offender should deliver by obligation o  2. Misappropriating converting to the prejudice of another, some money, goods,or etc. o  3. Taking undue advantage of signature in blank 1. Altering substance of anything with value that offender should deliver based on an obligation o  The law applies even if the property the offender is bound to deliver is opium or something illegal/obscene   But in this case, he is also liable under Dangerous Drugs Act, or immorality provision in RPC, etc. 2. Misappropriating or converting, to the prejudice of another, person some money, goods, etc.

2. Misappropriation or conversion; or a denial by him of such receipt is also a violation 3. To the prejudice of another

 

o

4. Demand by offended party to return the money or property What is ―any other obligation to make delivery or to return?‖    It refers to contracts of bailment, lease of personal property, deposit, commodatum  – because under any of these provisions, there is JURIDICAL POSSESSION by the depositary   In estafa, both MATERIAL and JURIDICAL possession is transferred to the offender What is the difference between material and juridical

possession?    Possession which gives to the transferee a right over the thing/property which he may set-up against the transferor   In Theft or robbery, there is NO transaction between offender and offended party   The transaction involved must not transfer ownership to the offender There must be a FIDUCIARY relationship between offender and offended party.   There must be an agreement to return the same thing or money   It doesn’t matter if the obligation is guaranteed by a bond or not   Without this relationship, there is no estafa   The duty to return the same thing or money is based on:   A. MUTUAL AGREEMENT by the parties or   B. BY LAW When does fraud come into play?   When there is conversion or misappropriation. misappropriation.  In bank loan transactions, usually, the borrower is required to 



 

o

 

o

 

o

produce “show money” to establish that she can repay the

Elements:    1. Goods were assigned

loan. But in a case, case, she borrowed borrowed the “show money” from

126

 

 

someone else. She used it for her own benefit. What is the crime?   HELD: Estafa. It was receiv received ed in trust for a particular purpose, and there is is obligation obligation to return. return. By misappropriating misappropriatin g it, she is guilty of estafa.     Remember in Sec Trans that borrowing “show money” is a commodatum transaction involving personal property  Must the misappropriation be permanent?   No. Even a temporary disturbance constitutes misappropriation. misappropriatio n. No need to be perman permanent. ent.  What does ―prejudicial to another‖ mean?    It need not be the owner owner of the property himself. himself. It can be another person, as long as there is damage



 

o



 

o

 

o

 

o

 

o

caused.  An owner of a truck pledged it to another as security for a loan contract. But then, he leased leased it to another another and it w was as stolen from the lessee’s possession. possession. What is the crime?   HELD: There was no no estafa, because there was no intent to misappropriate or convert.    J. CALLEJO: Disagreed. The petitioner could not have acted in GF, because he had already pledged it to another as security for a loan. Can there be estafa when there is no gain on the part of the offender?   No. Case: a person was assigned jewelry to sell, with commission. He was not prohibited prohibited from appointing a sub-agent, so he got one. The sub-agent stole stole the  jewelry.    HELD: The agent was a acquitted cquitted because h he e did not convert or misappropriate the jewelry.    The agent cannot be liable for mere negligence in entrusting the jewelry to another because there is no such thing as estafa through negligence But is it possible that the agent is liable?   

2. If there is prohibition to entrust the jewelry to a sub-agent, but the agent still does, then the agent can be liable.

May there be estafa in a loan transaction?    No. Because owner of the money loaned is transferred to the borrower, even if the borrower can pay back. What about money market placement?      No estafa because it partakes the nature of a loan. What about bank dep deposits? osits? Can there be estafa if the money deposited is used by the bank?   None. Deposits are treated as loan loans s to the bank, and are covered by the law on mutuum.   

 

o

o

 

 

o

 

o

 

o





 

o

A teller of a bank receives deposits and misappropriates these. What is the crime?   Theft, not estafa, because the bank teller is merely an employee of the bank and only gets material   possession of the money.  In a sale of property and earnest money is given and the money is used by the seller. Is there estafa?   No. Down-payment or earnest mone money y forms part o off the purchase price. price. The seller can use use this money, even if the sale eventually does not push through.   An employee who fails to account for cash advances for travels – is there estafa?   No estafa. Because this is in tthe he nature of a loan and the employee obtains juridical possession of such.   The private respondent delivered his car to a motor shop for repairs. The own owner er of th the e shop misappropriated it. Is there estafa?   Yes. There is obligation to return after repair. There was juridical possession, and thus, estafa.   X was a sales agent selling residential lots on behalf of a corporation. He was auth authorized orized to sell the lots, b but ut NOT receive the monthly amortizations from the lot buyers.

 



1. He is liable if he CONSPIRED with the

However, he received these and worse, he failed to remit

sub-agent.

these. Is there estafa?   Yes. Accused is guil guilty ty of two sets of estafa: 

127

 

 



 

1. As regards the lot buyers, he committed estafa through fraud or misrepresentation because he claimed that he could receive

monthly amortizations.  2. As regards the employer, estafa with abuse of confidence, because he did not remit.  How many counts of estafa are committed?    Depends on how many offended parties/victims.   But if committed on different dates or occasions  –  there are as many counts of estafa as the number of transactions.  PD 155 – Trust receipt transactions:   A trust receipt transaction imposes upon trustee to

 

o

 



 

o

 

o

give the price sold if sold, or if the goods are not sold, return them to the entrustor.   Is a violation of PD 155 estafa under Art. 315 par. 1(b)?   Yes. Violation of tthis his constitutes e estafa. stafa.   It is malum prohibitum. prohibitum. The only thin thing g to be established: prejudice caused to another. Mere failure to deliver already constitutes the criminal offense.   When a person participates in the commission of a crime, he CANNOT escape liability due solely to the fact that he was acting as an agent of another party. The NCC provisions on agency do not apply to criminal cases. 3. Taking undue advantage of signature of offended party in blank

 



 





 





 



ESTAFA THROUGH FRAUD (¶2)

 



What are the acts covered by this paragraph?  o  1. Using fictitious name, falsely pretending to possess power, influence, qualifications, qualifications, property, credit, etc. o  2. Altering quality, fineness, weight of anything pertaining to his business or art

5. Obtaining food or service from a hotel or restaurant without paying for it and with intent to defraud   Or obtaining credit through false pretense or fraud

 



 



 



Or surreptitiously abandoning or removing luggage from establishment without paying Distinguish between estafa through fraud from estafa through abuse of confidence?  o  Abuse of confidence – conversion or misappropriatio misappropriation n o  Fraud or false pretenses  – fraudulent acts simultaneous or preceding In illegal recruitment, can one be liable under both the Labor Code and Estafa under this provision?  o  Both the Labor Code AND estafa. estafa. There is no double jeopardy jeopardy because the Labor Code is an SPL.

Essential elements: o  1. False pretense, fraudulent act or means o  2. Such must be made or exhibited prior to or simultaneously o  3. Offended party must have relied on such and was thus induced to part with his money or property o  4. Thus causing damage What is ―Fraud‖?  o  Anything calculated to deceive    Ex. Falsely representing that property used as security had mangoes, when it was really barren   Ex. “I will sell you my property.” But it really wasn’t his.  Caveat emptor doctrine does not apply. apply. You cannot invoke the fact that criminal cases.  the victim was himself negligent. It doesn’t apply to criminal Post dating a check or bouncing check:  o  Can a person other than a drawer be liable?   Yes. Indorser or a co-conspirator.  Elements: o    1. Post-dating or issuance of check for obligation contracted at the time the check was issued    2. Lack or insufficiency of funds to cover it    3. Knowledge of the drawer of this lack  

 

3. Pretending to have bribed any Government employee

 

N.B. for this instance, impose the maximum 4. Bouncing check

o

o

 

 

4. Damage capable of pecuniary estimation to the payee 

128

 

 

o

 

o

 

 

o

 

o

 

o

 

o

 

o

 

o

 

The fraud must be committed PRIOR or UPON the issuance of the check.  For what kind of obligation must the check be issued for? The check MUST NOT BE for paying a pre-existing obligation, because there is no more deceit in this case.    The drawer obtains no gain here, because the consideration has already been delivered to him.   What is the implication of this doctrine, then?   Yes. The date of the obligation, being the very date of the check, is a MATERIAL INGREDIENT of the crime.  Must the check be negotiable?   Negotiability of a check is not the gravamen of the crime, but the fraud or deceit in knowingly issuing a worthless check.  When is the lack of funds determined as to post-dated checks?   Valid as long as when it is due, there are funds, even when there are no funds at the time it was issued.   What if the bouncing check is issued as a guaranty to secure a loan?   There is no estafa.  Issuing a bouncing check in exchange for cash:   Estafa, because you received something in exchange How do you prove knowledge that there were no funds?   Direct evidence    Notice of dishonor from drawee bank duly received by the drawer of the check and failure to deposit money to cover the amount   How can the issuer of a bouncing check escape   liability?   Depositing required amount within 3 days of notice of dishonor.    Failure to deposit the amount will give rise to presumption of deceit.  What if the account is closed?  



ESTAFA THROUGH OTHER FRAUDULENT MEANS (¶3)

 



What are the means of committed estafa under this paragraph?  o  1. Inducing another through deceit to sign any document o  2. Resorting to some fraudulent practice to insure success in a gambling game o  3. By removing, concealing, or destroying in whole or in part, any court record, office files, document, or any other papers

B.P. 22  – – BOUNCING CHECKS LAW 

 



What does B.P. 22 cover that is not covered by the prior provision on estafa?  o

1. Issuance of check as deposit 2. Issued as guaranty 3. For pre-existing obligation N.B.  BP 22 doesn’t distinguish between pre -existing   and concurrent obligation What is the difference in period under BP 22 compared to RPC estafa? o  Under BP 22 the drawer of the check has a period of 5 days from notice of dishonor (unlike RPC, 3 days) Under NIL check is stale after more than 6 months (180 days) is there a need to issue a notice of dishonor at the time it was presented for payment? o  Only consequence is no prima facie presumption of knowledge

    o  o

 



 



 







BUT in another case, it held that there was no need for notice of dishonor because the account was already closed.  

of no funds, still be held liable if able to prove that he had knowledge Can there be simultaneous prosecution for estafa and BP 22 for the single act of a bouncing check?  o  Yes, if both apply. Estafa is concerned with issuing a bouncing bouncing check as fraud; BP 22, with the mere bouncing of the check  per se.

OTHER FORMS OF ESTAFA/SWINDLING (316) 

 



What are covered by this provision? o  1. Person pretends to be owner of real property and disposes thereof 

 



 

There is still need for notice of dishonor to

o

2. Person knows real property is encumbered and disposes it    

allow the person to pay. If there is no notice, accused cannot be convicted. 

Even if the encumbrance is not recorded  

129

 

 

o

 

o o

 

 

o

 

3. Owner of personal property wrongfully takes it from lawful possessor to the prejudice of the latter or third person  4. Executing fictitious contract to prejudice of another  5. Person any compensation given when him under the belief that itaccepts was in payment for labor/service he didn’t actually perform any  6. Surety in a bond for criminal or civil action disposes of the property given by him    Without leave of court or before cancellation of the bond 

o



 

 



OTHER DECEITS (318)

 



 



What does this cover? o  Person who defrauds or damages another through deceit not covered by the prior paragraphs or provisions  o  Also covers those who tell fortunes or dreams for a profit (!)   ―deceit‖ include? Whato does the word Includes concealment of the fact that the car sold was not brand new

 

What is penalized here? o  1. Mere removal of property from the place where the CM was constituted   When is there no intent to defraud?    When the debtor has transferred residence because he also has to move his property o  2. Failure to secure consent on the deed itself or on the registry and the mortgagor sells or further encumbers the

 



What is arson and how committed?  o  Destruction of property by fire, as long as fire or pyrotechnics are used to destroy the property o  When is it consummated? consummated?    When there is fire, and it was intentionally caused, and property burned even if not completely destroyed What must be proved? o    1. Occurrence of fire due t o criminal agency    2. Identity of the defendants as the one causing it 

it did, regardless of extent (consummated arson).  When is the burning destructive arson?  [Dangerous place]   o  o  1. Any ammunition factory and other establishment where explosives, inflammable, inflammable, or combustible materials are stored   [Important places]   o  o  2. Archive, museum (public/private), edifice devoted to culture, education, social services  o  3. Church, place of worship, or usual place of assembly   o  4. Building where evidence is kept f or official proceedings   [Places with a lot of people]   o  5. Train, plane, vessel, or other transportation   6. Hospital, hotel, dormitory, housing tenement, mall, market, movie house, or similar places   o  7. Building in a congested or populated area, whether a dwelling or not  Other cases of arson: (with higher penalty than simple arson):   [Places with people]   o  o  1. Any building and office of government o  2. Inhabited house or building  [Related to industry or commence]  commence]   o  o  3. Industrial establishment, shipyard, oil well, mine shaft, platform, tunnel o  4. Plantation, farm, etc. o

 

 





personal property DESTRUCTIVE ARSON (320)

Is there frustrated arson? o  No. It’s either the burning did not not happen (attempted arson) or 

o

VIOLATION OF CHATTEL MORTGAGE (319)  

Ex. A person burns trash disregarding the strong winds that blew the cinders to the neighbor’s property. The crime is simple/reckless imprudence resulting to arson.  

o

5. Railway Rice millor and other millsairport, wharf, warehouse   6. bus station, If destructive arson or those other cases are not specified, what is the charge?  o  Simple arson What are the special aggravating circumstance circumstances? s?  o  1. Committed with intent to gain o  2. Committed for benefit of another o  3. Motivated by spite or hatred towards owner or occupant o  4. Committed by syndicate What else are specially punished? o  1. Arson, where death results (qualified)  o

 



 



 



 



Can there be arson by negligence? o  Yes.  

 

Is this ―arson with homicide‖?  

 

No. 

130

 

 



 



1. If the purpose is to kill, and burning was the means, it is murder  2. If the purpose is to burn, but someone

died, it is arson under this provision.   o  Homicide is absorbed but there is civil liability for death.     3. If person is killed and the house is burned to conceal, two crimes: 1) murder, 2) arson o  2. Mere conspiracy to commit arson   What if several houses burn? o  There is only one crime of arson no matter how many houses were burned. Supposing someone burns his own property is he liable? o  He may be liable if other people’s property is damaged .

 



 



o

   

o



 



 



MALICIOUS MISCHIEF (327) 

 

 



 



What is malicious mischief? o  Act of intentionally causing damage to property of another without use of fire or pyrotechnic  o  There must be specific intent to destroy such property   o  Can it be committed by culpa?   No. Distinguish between unjust vexation and malicious mischief:  o  Unjust vexation if the purpose is to irritate a person o  Malicious mischief if purpose is to damage property Distinguish between malicious mischief and arson:  o  Arson can be committed by dolo or culpa, malicious mischief by dolo only o  Arson must be by fire, malicious mischie mischieff if not by fire o

If death results from arson, it is just arson (but qualified); if death or injury results from malicious mischief, those are separate crimes Distinguish between malicious mischief and theft: o  Malicious mischief has no intent to gain 

 

 



EXEMPTION FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY (332)

 



Who are the persons exempt from criminal liability?  o  1. Spouses o  2. Ascendants and descendants o  3. Son/daughter-in-law and mother/father-in-law o  4. Brothers and sisters who must be living together

Is there civil liability?  o  Yes. The exemption is only for criminal criminal liability For what crimes are they exempted?

 

o

1. Theft, including qualified qualified theft     Not robbery  2. Estafa but NOT complexed with other crimes (ex. estafa with falsification of commercial documents)  3. Malicious mischief    Not arson 

XI: CRIMES AGAINST CHASTITY ADULTERY (333)

 



 



 



 

Who are liable for adultery?  o  1. Married woman who has sexual intercourse with a man not her husband o  2. That other man who has carnal knowledge of her, knowing her to be married o  What if t he marriage was subsequently declared void?    It does not exculpate because the marriage ostensibly exists by then Is it a continuing crime?  o  No. o  Each sexual intercourse consummates the crime. Ex. Sex 5 times, adultery 5 times. Can there be frustrated adultery? o  No frustrated adultery because it is consummated by intercourse, so the rule for rape likewise applies.



 



 



 



Whato about attempted There can be adultery? attempted adultery. Caught in hotel in act of undressing, about to have sex. Can there be criminal action against just one of the parties? o  No. It must be against both pa parties rties if both are alive.  Differentiate pardon from consent:  o  Pardon is prior to the act, act, consent is after. In any case, it is a bar to filing a criminal complaint. Who can initiate action for adultery and concubinage? o  Must be from from offended spouse. Both offenders offenders must b be e named in the complaint.  

CONCUBINAGE (334)

 



 

Whether legitimate, half, or illegitimate

 



Whato if there They are are strangers not exemptparticipating in the crime? 

Howois concubinag committed?     concubinage 1. Husband ekeeping a mistress in the conjugal dwelling

131

 

 

o

 

o

 

 



 



Means livingtogether togetherunder as husband andalso wife, not merely living one roof, but having sexual intercourse. Who is liable for concubinage?  o  Husband – PC o  Concubine – destierro only Can a man be liable for adultery and concubinage at the same time? o  Yes, if his concubine is a married woman.  

ACTS (339)

OF

 

2. Having sexual intercourse under scandalous circumstances  with a woman not his wife 3. Cohabiting with the woman in any other place

LASCIVIOUSNESS (336)

AND

CONSENTED ACTS

OF

o

 

o

 



LASCIVIOUSNESS

Lewd design  – something indecent or obscene, designed to incite crude sexual design It may be inferred from nature of act committed and occasion

acts were committed. Related with RA 7610:   o  Lascivious conduct may be committed under RA 7610, victim of child abuse. Elements of sexual abuse under RA 7610: o    1. Accused commits acts of lasciviousness   2. Act is performed with a child exploited in prostitution or subjected to sexual abuse   3. Child is below 18 and whether male or female o  What if the child i s below 12?   Prosecuted under the RPC (penalty is RT instead of PC) 

QUALIFIED SEDUCTION (337), SIMPLE SEDUCTION (338) Acts of lasciviousness (336)

Consented acts lasciviousness (339)

of

Obscene acts committed with lewd design

Obscene acts committed with lewd design

Committed under circumstances of rape (no consent)

Committed under circumstances of seduction (consent secured by deceit)

Victim female

Victim is female

is

male

Any age, reputation

 



or

any

12 to below 18 years old and virgin of good reputation

Sexual abuse (RA 7610)

Qualified seduction (337)

Simple seduction (338)

Obscene committed lewd design

Offender has sexual intercourse with the victim through cajolery

Offender has sexual intercourse with the victim through cajolery

Victim is a virgin woman

Victim is a single woman or widow (because you can’t get married below 18 now) of good reputation

Offender is person with authority, confidence, or relationship vis-à-vis the victim

Offender is any person

Generally, victim is 12 to below 18 years old

Victim is always 12 to below than 18 years old

acts with

Victim is male or female exploited in prostitution or subjected to sexual abuse 12 to below 18 years old (if less than 12, prosecute under RPC) 

Distinguish acts of lasciviousness from attempted rape: o  In acts of lasciviousness there is no intent to have carnal knowledge of a woman  o  In attempted rape, there is but before he could complete all

Victim can be 18 or older if the offender is an ascendant or brother

 



 



What is the concept of seduction?  o  Having sexual intercourse with one who is presumed by law to be unable to fully give consent to it (although not rape) o  What if there is no sexual intercourse?    It can be consented acts of lasciviousness lasciviousness (339) Can abuse of confidence be appreciated in qualified seduction?  o  No. Abuse of confidence is inherent, not aggravating

acts of execution, he is prevented other than by spontaneous

 



circumstance 

desistance   What is required intent-wise?

 

What is the concept of ―virginity‖ in qualified seduction? 

132

 

 

 

Physical, not moral; i.e. that the woman has no sexual experience. Compare with rape:

o

o

 



o

   

o

It is always rape if less than 12 years old (statutory rape); if 1218 there must be force or intimidation. Virginity is not material in rape.  In qualified seduction, the girl must be 12-18 and virginity is an element. 

PROVISIONS RELATING TO CRIMES AGAINST CHASTITY (344)

 



 



CORRUPTION OF MINORS (340)

 



What is corruption of minors?  o  A minor is used by one person to satisfy the lust of another and not his own lust.

FORCIBLE ABDUCTION (342) AND CONSENTED ABDUCTION (343) Forcible abduction (342)

Consented abduction (343)

Victim is any woman of any age, civil status, or reputation

Victim is virgin of 12 to below 18 years old

Abducted against her will

Abducted with her consent

With lewd designs

With lewd designs

 



 



 



 



When is forcible abduction absorbed by rape?  o  When the initial intention is really to rape. When is the crime of forcible abduction complexed with rape rape? ?  o  The taking of the woman amounts to forcible abduction, and thereafter, she was raped o  What if there are multiple rapes?    Then only one rape shall be complexed with forcible abduction. The second ra rape pe and others are se separate parate crimes. When is there kidnapping or kidnapping with rape? o  If the purpose of the taking is to deprive the woman of her liberty  o  If the woman was raped thereafter, kidnapping with rape   Is there a crime of forcible abduction with attempted rape/acts of lasciviousness? 

N.B.  the element of “lewd design” cannot be deployed twice to prove two crimes

 



 



What is the nature of civil indemnity?  o  It is absolute and never conditions upon the financial capacity of the accused When must pardon be given by the victim?  o  Before prosecution of the crime o  Except rape What is the effect of pardon by the offended party? o    It does not extingu extinguish ish crimi criminal nal liabi liability. lity. The only only exception is valid marriage between the offender and victim. In rape, will pardon of the parents of the victim without concurrence of the minor victim be effective?  o  No. o  It must be given by the minor herself too. What is the civil liability of a person convicted of rape when an offspring results from rape?  o  1. Indemnify the woman o  2. Acknowledge the offspring unless the law prevents him from doing so   When there is no legal impediment (if both are single) o  3. Support the offspring

XII: CRIMES AGAINST CIVIL STATUS

SIMULATION

OF

BIRTHS,  SUBSTITUTION OF (347)

ABANDONMENT OF LEGITIMATE CHILD

CHILDREN , AND AND

CONCEALMENT OR USURPATION OF CIVIL STATUS

(348)

 



Who are penalized?  o  1. Those who simulate birth, substitute one child for another, or abandon/conceal a legitimate child to have him/her lose civil status o  2. Any physician or surgeon or public officer who through profession or office cooperates in the crime o  3. One who usurps the civil status of another to defraud the

 

o

No, because both are manifestations of lewd designs which is already an element of of the forcible abduction. abduction. The crime is just forcible abduction.

offended party or his heirs

 



Where should simulation of birth be made?  o  It must be made in the record of birth

133

 

 

o

 

o

 



simulation is in other documents?    No violation of 347 When is child trafficking committed in relation to these provisions, under RA 7610?  o  1. Parents agree to adopt the child f or a consideration o  2. Physician made it appear in the record of birth that the supposed parents are natural parents

BIGAMY (349)

 



 



 



 



What are the elements of bigamy?  o  1. Offender has been legally married o  2. Marriage has not been legally dissolved, or the absent spouse has not yet been judicially declared presumed dead o  3. Offender contracts a subsequent marriage o  4. Such subsequent marriage has all the essential requisites of validity X’s spouse has been absent for 12 years, so he married another  person. Is this bigamous? bigamous?  o  Yes. There must be a pr prior ior declaration of of presumptive de death ath by the courts. X and Y are married. X married Z Z.. To avoid bigamy, he petitioned to annul the first marriage marriage with Y and it was g granted. ranted. Was there bigamy?   o  Yes. The judgment of null nullity ity or annulment must precede the the subsequent marriage. Does the principle of constructive notice by registration apply to bigamy? o  No, because it is usually entered into secretly from the spouse. So there must be ACTUAL knowledge of the subsequent marriage.  o  Viz. In land and property disputes, constructive knowledge through registration applies. 

ILLEGAL MARRIAGE (350)

 



 

What if it’s done in another document?    Then the crime is falsification What if the record of birth reflects the true parents but

What is illegal marriage?

o

1. Subsequent marriage in bigamy is valid, except that it is bigamous; in illegal marriage, the subsequent marriage is void or annullable and there is no need for a first marriage 

o

2. Bigamy only refers to a subsequent valid marriage before    judicial declaration of nullity or presumptive death; illegal marriage covers all other void or voidable marriages 

PREMATURE MARRIAGE (351) 

 



What is premature marriage?  o  1. One who remarries within 301 days from the death of her husband o  2. One who remarries prior to delivery of her child, if pregnant during his death

PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY (352)

 



What is punishable here?  o  Priest or minister of any religious denomination or sect, or civil authorities who celebrate illegal marriage ceremony

XIII: CRIMES AGAINST HONOR LIBEL (353)

 



 



 



What is libel?  o  Public and malicious imputation imputation of a crime, 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/juridical person, or to blacken the memory of the dead What are the elements of libel?  o  1. Allegation of discreditable act or condition to another o  2. Publication of the charge o  3. Identity of the person defamed o  4. Existence of malice What is publication?  o  After it has been written, to make it known to someone other than the person to whom it has been written o  What if it’s sent straight to the person to whom it is

 

Contracting marriage knowing that the requirements of law have not been complied with, or it is in disregard of a legal impediment except for bigamous marriages   Distinguish from bigamy:

written?    Then there is no publication publication..

o

 



134

 

 

What if an unsealed libelous letter is sent to the offended party?   There is publication since anyone could have read it (even just the postman)  o  Is an inter-office memo publication?   In a case, because it was only directed towards the supervising officers, etc. then it is not publicatio publication n  What is the presumption in libel?  o  Every defamatory imputation presumed to be malicious, even if it is true o  Except?  When good intention and justifiable motive can be   shown What are the exceptions to libel?  o

 



 



o

1. Private communication by one person to another in the performance of legal, moral, or social duty o  2. Fair comment of public acts What is identity?  o  At least a stranger or third person may be able to identify him as the subject of the statement Can the court impose a fine instead of imprisonment? o  Yes, it is up to court discretion to impose imprisonment, fine, or both. Merely imposing a fine can can be out of compassion.  Who are the other punishable persons in relation to libel? o  1. Those who t hreaten to publish the libelous material unless

 

 



 



 



 

o

he is compensated  2. Those who offer to prevent the publication of such libel for compensation 

 



LANDER BY

S   

 

When is a defamatory remark serious and when is it slight? o  Depends on the special circumstances of each case, antecedents, or relationships between the offended party and the offender which might tend to prove the intention of the offender at the time.  o  Not depending on sense and grammatical meaning of the

EED

D (359)  What is slander by deed? o  Dishonor, discredit, or contempt upon another person which is not covered by slander or libel 

GENERAL PROVISIONS (360)

 



 



 



 



SLANDER (358) 

Is there frustrated or attempted defamation? o  No. It is a formal crime. 

 



Who are the persons responsible for defamatory publications?  o  1. Any person who publishes, exhibits, or causes the publication or exhibition of any defamation in writing or similar means o  2. Author or editor of a book or pamphlet, newspaper – to the extent that are authors/editors thereof What courts have jurisdiction over libel cases? o  Even if the punishment falls within the MTC scope, by express provision of law, it is under RTC jurisdiction always   What is the venue of libel cases (alternative)? o  1. RTC of province or city where the libelous article is printed and first published (regardless of nature of victim)   o  2. If offended party is a private individual, RTC of province where actually resided during offense  o  3. If offended party is a public officer whose office is in Manila at the time of the commission of offense, in the RTC of Manila   o  4. If public officer outside of Manila, in the RTC of the province or the city where he held office during the commission of the offense  Can a headline alone be libelous? o  No. The headline must be read with the accompanying news story  When can public officers demand damage from members of the press? o  If the statement was made with actual malice – with knowledge that it was false or with reckless disregard of whether it was false or not 

 

o

utterances  

 

Is ―putang ina mo‖ slander?  o  No. 

How is reckless conduct measured?  

Whether a prudent man would have published it or investigated further before publishing 

135

 

INCRIMINATORY MACHINATIONS (363-364)

 



 



 



What are the crimes under incriminatory machinations? o  1. an innocent person o  2. Incriminating Intriguing against honor (364)   (363)   What is intriguing against honor? o  Chismis. (The author is unknown and the offender appears to be repeating only what he heard others say. He doesn’t want to assume responsibility for the statement.)  o  What if the source of the statement is known? It’s slander     What is incriminating an innocent person? o  Imputing to the innocent person the commission of a crime. This includes planting of evidence 

XIV: CRIMINAL NEGLIGENCE

 



 



What is reckless imprudence?  o  It is the inexcusable lack of precaution of a person, taking into consideration his: a) employment, b) intelligence, c) physical condition, d) other circumstances (time, person, or place). o  This must lead to material damage to another, which is manifest. What are the elements of reckless imprudence?  o    1. Offender does or fails to do an act   2. It is voluntarily done or not done   3. Without malice   4. Material damage results from the reckless imprudence   5. There is inexcusable lack of precaution on the part of the offender, taking into account the above considerations What is simple imprudence? o  The failure to exercise the diligence necessary or called for by the situation.  o  It applies to situations where the threatened harm is not

 



 



 





 

 



 



Do complex crimes apply to imprudence? o  Yes. If a reckless, imprudent, or negligent act results in two or more grave or less grave felonies  Relate reckless imprudence to malice: o  Reckless imprudence consists of voluntarily doing or failing to do, without malice, an act from which material damage results by reason of an inexcusable lack of precaution by the person performing or failing to perform the act   o  Malice is the antithesis of reckless imprudence  In case of abandonment of victim, what provision of the RPC governs? o  The qualifying circumstance of the last paragraph (abandonment) must be alleged for the court to have  jurisdiction to impose impose the next higher degree penalty  To convict for medical malpractice, what kind of evidence is required? o  Expert testimony is usually necessary to support the conclusion as to causation  o  What is the exception to this rule?   Res ipsa loquitur  Is there a crime of double homicide through reckless imprudence? o  No. In reckless imprudence, the actual pe penalty nalty for criminal negligence bears no relation to the individual willful crime or crimes committed, but set in relation to a whole class/series of crimes.  o  N.B. in the penalties for negligence, what matters is if a less grave or a grave felony results. This determines the violation. violation.  But does a charge under the RPC absorb the other charges comprising m a l a p r o h i b i t a  crimes? o  No. A mala in se felony cannot absorb mala proh prohibita ibita crimes.

ANNEX 1: CIVIL INDEMNITY RATES 

 



Even with RA 9346, the classification of crimes as heinous and quasiheinous still remains (heinous: death; quasi-heinous: RP)

 



immediate or the danger is not openly visible.  What is the nature of culpa/imprudence? o  Culpa under Art. 365 is in itself a crime (criminal negligence)  o  Under Art. 3, it is just a mode of committing a crime 

 

o

If the crime is heinous:    

75,000 indemnity 50,000 moral damages

136

 

 

Quasi-heinous   50,000 indemnity   50,000 moral damages Simple rape  indemnity 50,000; moral damages 50,000 o  No need to prove besmirched reputation, mental anguish etc. It goes without without saying already. REGARDL REGARDLESS ESS of sexual sexual preference, religious orientation, etc. Sexual assault (finger) o  30,000 indemnity o  30,000 moral damages Raped three times: o  There must be a separate award for each crime. o  It cannot be one award for 150,000. 150,000. There must be three separate awards for 50,000 each. o

 



 



 





 

 



 



 



 



rape.. (Art. 345 “in General rule: for rape   support child born out of rape every case”)  o  May the offender be compelled to give support to the child born out of rape, although the woman is married?   No, not if the woman is already married.   Dissent by Justice Regalado: compel offender, provided that the paternity of the child to the offender is established. established. (Basis: Art. 345 of RPC RPC does not distinguish) o  But the offender cannot be obliged to acknowledge offspring in adultery and concubinage, when the offended party is married

and paternity cannot be determined. Use of woman to rape a woman is aggravating – even special: o  25,000 damages Acts of lasciviousne lasciviousness: ss: o  5,000 moral o  2,000 exemplary for each count Qualified rape: o  75,000 indemnity o  50,000 moral damages Rape with homicide:

 



 



 



 



 



For moral damages on parricide, homicide, rape, etc. No need to allege emotional suffering on information. o  But some cases say that in homicide or murder, there must be proof that the heirs suffered emotional emotional pain, suffering, suffering, etc. Ex. if they are separated, then they don’t feel anything.  Consummated homicide: o  50,000 indemnity o  50,000 moral damages Frustrated homicide: o  30,000 moral damages Attempted homicide: o  30,000 moral damages o  Moral v. P: 10,000 In reckless imprudence resulting to homicide:

  Indemnity   Moral damages Robbery with homicide: o  50,000 indemnity o  50,000 moral damages Forcible abduction with rape (for each count): o  75,000 indemnity o  50,000 moral damages Kidnapping with rape o  100,000 for kidnapping o  25,000 for moral damages o

o

 



 



 



 



 



o   50,000 for slight illegal detention Victim kidnapped was 8 years old: o  50,000 indemnity o  200,000 moral damages o  100,000 exemplary damages  – because demand for ransom was deemed an AC Qualified carnapping: o  75,000 indemnity o  50,000 moral

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close