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Criminal Law
ARTICLE 238. ABANDONMENT OF OFFICE OR POSITION. ELEMENTS: 1. That the offender is a public officer; 2. That he formally resigns from his position; 3. That his resignation has not yet been accepted; and 4. That he abandons his office to the detriment of the public service. There must be formal or written resignation. The offense is qualified if the purpose behind the abandonment is to evade the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. In this case, the penalty is higher. This involves the following crimes: a. treason b. conspiracy and proposal to commit conspiracy c. misprision of treason d. espionage e. inciting to war or giving motives to reprisals f. violation of neutrality g. correspondence with hostile country h. flight to enemy country i. piracy and mutiny on the high seas j. rebellion k. conspiracy and proposal to commit rebellion l. disloyalty to public officers m. inciting to rebellion n. sedition o. conspiracy to commit sedition p. inciting to sedition ABANDONMENT OF OFFICE OR POSITION (238) There is actual abandonment through resignation to evade the discharge of duties. DERELICTION OF DUTY (208) Public officer does not abandon his office but merely fails to prosecute a violation of the law. 2. That he (a) makes general rules or regulations beyond the scope of his authority or (b) attempts to repeal a law or (c) suspends the execution thereof.
ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS. ELEMENTS: 1. That the offender is a judge; and 2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs executive authorities in the lawful exercise of their powers. Legislative officers are not liable for usurpation of executive functions
ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS. ELEMENTS: 1. That the offender is an officer of the executive branch of the government; and 2. That he (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction. A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality.
ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION. ELEMENTS: 1. That the offender is a public officer; 2. That a proceeding is pending before such public officer; 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. That he has been lawfully required to refrain from continuing the proceeding; and 5. That he continues the proceeding.
ARTICLE 239. USURPATION OF LEGISLATIVE POWERS. ELEMENTS: 1. That the offender is an executive or judicial officer; and
ARTICLE 243. ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY.
ARTICLE 244. UNLAWFUL APPOINTMENTS. ELEMENTS: 1. That the offender is a public officer; 2. That he nominates or appoints a person to a public office; 3. That such person lacks the legal qualification therefor; and 4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment. Recommending, knowing that the person recommended is not qualified, is not a crime. There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.
ARTICLE 246. PARRICIDE. ELEMENTS: 1. That a person is killed; 2. That the deceased is killed by the accused; 3. That the deceased is the a. father, mother, or b. child, whether legitimate or illegitimate, or c. legitimate other ascendant or other descendant, or d. legitimate spouse of the accused. The relationship of the offender with the victim is the essential element of parricide. Parents and children are not included in the term ascendants or descendants. The other ascendant or descendant must be legitimate. On the other hand, the father, mother or child may be legitimate or illegitimate. The child should not be less than 3 days old. Otherwise, the offense is infanticide. Relationship must be alleged and proved. A stranger who cooperates in committing parricide is liable for murder or homicide. Even if the offender did not know that the person he had killed is his son, he is still liable for parricide because the law does not require knowledge of the relationship.
ARTICLE 245. ABUSES AGAINST CHASTITY The penalties of prision correccional in its medium and maximum periods and temporary special disqualification shall be imposed: ELEMENTS: 1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances to a woman; and 3. That such woman must be a. interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or b. under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or c. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.
ARTICLE 249. HOMICIDE. ELEMENTS: 1. That a person was killed; 2. That the accused killed him without any justifying circumstances; 3. That the accused had the intention to kill, which is presumed; and 4. That the killing was not attended by any of the qualifying circumstances of murder, or by that of parricide or infanticide. Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is required only in attempted or frustrated homicide. There is no crime of frustrated homicide through negligence/imprudence. When the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each one of them is guilty of homicide. In all crimes against persons in which the death of the victim is an element, there must be satisfactory evidence of (1) the fact of death and (2) the identity of the victim. Penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age Corpus delicti actual commission of crime charged PEOPLE vs. DELA CRUZ, G.R. No. 152176, 10/1/03 The qualifying circumstance of treachery was not sufficiently established by the prosecution. The prosecution witness did not see the actual stabbing of the victim. Therefore, there is no way of determining on how the attack was initiated. In the same way that no testimony would prove that the appellant
ARTICLE 251. DEATH IN A TUMULTUOUS AFFRAY.. ELEMENTS: 1. That there be several persons; 2. That they did not compose groups organized for the common purpose of assaulting and attacking each other reciprocally; 3. That these several persons quarreled and assaulted one another in a confused and tumultuous manner; 4. That someone was killed in the course of the affray; 5. That it cannot be ascertained who actually killed the deceased; and 6. That the person or persons who inflicted serious physical injuries or who used violence can be identified.
Tumultuous affray exists when at least 4 persons take part in it. When there are 2 identified groups of men who assaulted each other, there is no tumultuous affray.
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ARTICLE 254. DISCHARGE OF FIREARMS. ELEMENTS: 1. That the offender discharges a firearm against or at another person; and 2. That the offender has no intention to kill that person. The offender must shoot at another with any firearm without intention of killing him. If the firearm is not discharged at a person, the act is not punished under this article. A discharge towards the house of the victim is not discharge of firearm. Firing a gun at the house of the offended party, not knowing in what part of the house the people were, is only alarm under Art. 155. Usually, the purpose of the offender is only to intimidate or frighten the offended party. Intent to kill is negated by the fact that the distance between the victim and the offender is 200 yards. A person can be held liable for discharge even if the gun was not pointed at the offended party when it fired as long as it was initially aimed at or against the offended party.
ARTICLE 252. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY. ELEMENTS: 1. That there is a tumultuous affray as referred to in the preceding article; 2. That a participant or some participants thereof suffer serious physical injuries or physical injuries of a less serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known. Persons liable: All those who have used violence on the person of the offended party. Injured party must be a participant of the tumultous affray If the one who caused physical injuries are known, he will be liable for physical injuries actually committed Slight physical injuries not included
ARTICLE 255. INFANTICIDE ARTICLE 253. GIVING ASSISTANCE TO SUICIDE. ACTS PUNISHABLE: 1. Assisting another to commit suicide, whether the suicide is consummated or not. 2. Lending his assistance to another to commit suicide to the extent of doing the killing himself. A person who attempts to commit suicide is not criminally liable. ELEMENTS: 1. That a child was killed; 2. That the deceased child was less than three days (72 hours) of age; and 3. That the accused killed the said child. When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty prescribed for parricide. If the offender is any other person, the penalty is
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ARTICLE 256. INTENTIONAL ABORTION ELEMENTS: 1. That there is a pregnant woman; 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman; 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom. 4. That the abortion is intended. A fetus about six months old cannot subsist by itself, outside the maternal womb. Abortion usually means expulsion before 6th month or before term of its viability Viada: Abortion, as long as fetus dies as a result of violence used or drugs administered Infanticide, if: (1) Fetus could sustain independent life after its separation from maternal womb, and (2) it is killed Fetus survives in spite of attempt to kill it or use of violence: a. Abortion intended, all acts of execution performed frustrated intentional abortion b. Abortion not intended, fetus does not die physical injuries No frustrated unintentional abortion ARTICLE 257. UNINTENTIONAL ABORTION. ELEMENTS: 1. That there is a pregnant woman; 2. That violence is used upon such pregnant woman without intending an abortion;
ARTICLE 259. ABORTION PRACTICED BY A PHYSICIAN OR MIDWIFE AND DISPENSING OF ABORTIVES. ELEMENTS: 1. That there is a pregnant woman who has suffered an abortion; 2. That the abortion is intended; 3. That the offender, who must be a physician or midwife, causes or assists in causing the abortion; and
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ARTICLE 262. MUTILATION. KINDS OF MUTILATION: 1. Intentionally mutilating another by depriving him, totally or partially, of some essential organ for reproduction. 2. Intentionally making other mutilation, i.e. lopping, clipping off any part of the body of the offended party, other than the essential organ for reproduction, to deprive him of that part of his body. ELEMENTS OF THE FIRST KIND OF MUTILATION: 1. Castration, i.e. mutilation of organs necessary for generation such as the penis or ovarium; and 2. Purposely and deliberately. In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be considered as mutilation of the second kind. Mayhem refers to any other intentional mutilation. Under R.A. 7610, the penalty for the second type of mutilation shall be one degree higher when the victim is below 12 years old.
ARTICLE 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL. ACTS PUNISHED: 1. Killing ones adversary in a duel. 2. Inflicting upon the adversary serious physical injuries. 3. Making combat although no physical injuries have been inflicted. PERSONS LIABLE: 1. Principals person who killed or inflicted physical injuries upon his adversary, or both combatants in any other cases. 2. Accomplices as seconds A duel is a formal or regular combat previously concerted between 2 parties in the presence of 2 or more seconds of lawful age on each side, who make the selection of arms and fix all the other conditions of the fight. If death results, the penalty is the same as that for homicide. The law disregards intent to kill in a duel In case of slight physical injuries inflicted on another, penalty is arresto menor, 3rd paragraph applies only when no physical injuries are inflicted ARTICLE 261. CHALLENGING TO A DUEL.
ARTICLE 263. SERIOUS PHYSICAL INJURIES. HOW COMMITTED: 1. Wounding; 2. Beating; 3. Assaulting; or 4. Administering injurious substances.
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ARTICLE 264. ADMINISTERING INJURIOUS SUBSTANCES OR BEVERAGES. ELEMENTS: 1. That the offender inflicted upon another person any serious physical injury; 2. That it was done by knowingly administering to him any injurious substances or beverages or by taking
ARTICLE 265. LESS SERIOUS PHYSICAL INJURIES. ELEMENTS: 1. That the offended party is incapacitated for labor for 10 days or more (but not more than 30 days), or needs medical attendance for the same period of time; and 2. That the physical injuries must not be those described in the preceding articles. CIRCUMSTANCES QUALIFYING THE OFFENSE: 1. when there is manifest intent to insult or offend the injured person 2. when there are circumstances adding ignominy to the offense 3. when the victim is either the offenders parents, ascendants, guardians, curators or teachers 4. when the victim is a person of rank or person in authority, provided the crime is not direct assault This article applies even if there was no incapacity but the medical treatment was for more than 10 days.
HAZING is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. PERSONS LIABLE: 1. The officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof; QUALIFYING CIRCUMSTANCES: a. when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; b. when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; c. when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; d. when the hazing is committed outside of the school or institution; or e. when the victim is below twelve (12) years of age at the time of the hazing. 2. The school authorities including faculty members who consent to the hazing or who have actual knowledge thereof, but failed to take any action to prevent the same from occurring shall be punished as accomplices
ARTICLE 266. SLIGHT PHYSICAL INJURIES AND MALTREATMENT THREE (3) KINDS: 1. That which incapacitated the offended party for labor from 1-9 days or required medical attendance during the same period. 2. That which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance (Ex. blackeye). 3. Ill-treatment of another by deed w/o causing any injury. (Ex. slapping but w/o causing dishonor)
ARTICLE 266A-266B. RAPE The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as a Crime Against Persons. It incorporated rape into Title 8 of the RPC. ELEMENTS: Rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the following circumstances: a. through force, threat or intimidation; b. when the offended party is deprived of reason or otherwise unconscious; c. by means of fraudulent machination or grave abuse of authority; or d. when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. 2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting a. his penis into another persons mouth or anal orifice; or b. any instrument or object, into the genital or anal orifice of another person. Rape committed under paragraph 1 is punishable by: 1. reclusion perpetua 2. reclusion perpetua to DEATH when: a. victim became insane by reason or on the occasion of rape; or b. the rape is attempted and a homicide is committed by reason or on the occasion thereof. 3. DEATH when: a. homicide is committed; b. victim is under 18 years old and offender is: i. parent, ii. ascendant, iii. step-parent, iv. guardian,
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What is the Battered Woman Syndrome? What is its effect on the criminal liability of the accused? Battered Woman Syndrome refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Battery refers to any act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. Victim-survivors who are found by the courts to be suffering from Battered Woman Syndrome do not incur any criminal or civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the RPC. PEOPLE vs. GENOSA, G.R. No. 135981. 1/15/04 In order to be classified as a battered woman, the accused and her spouse must go through the battering cycle at least twice. Any woman may find herself in an abusive relationship with a man once. If
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Rape committed under paragraph 2 is punishable by: 1. prision mayor 2. prision mayor to reclusion temporal when: a. there was use of deadly weapon, or b. when committed by two or more persons. 3. reclusion temporal when the victim has become insane 4. reclusion temporal to reclusion perpetua rape is attempted and homicide is committed 5. reclusion perpetua homicide is committed by reason or on occasion of rape 6. reclusion temporal committed with any of the 10 aggravating circumstances mentioned above
PEOPLE vs. LALINGJAMAN, G.R. No. 132714. 6/6/01 Rape may be committed anywhere even in places where people congregate such as parks, along the road side, within school premises, and inside a house
have sex against her will. Definitely a man can neither demand sexual gratification from a fiance nor employ violence upon her, on the pretext of love. PEOPLE vs. JOEL AYUDA G.R. No. 128882. 10/2/03 A "sweetheart defense," to be credible, should be substantiated by some documentary or other evidence of the relationship like mementos, love letters, notes, pictures and the like. Here, no such evidence was ever presented by appellant.
PEOPLE vs. ACERO, G.R. Nos. 146690- 91. 3/17/04 A defense based on sweetheart theory in rape cases is not a defense at all in rape where the victim is a mental retardate. PEOPLE vs. OGA, G.R. No. 152302. 6/8/04 Sweetheart theory prevails as a defense in rape when it casts reasonable doubt as to the guilt of the accused.
ARTICLE 266-C. EFFECT OF PARDON. Subsequent valid marriage between the offender and the offended party extinguishes the criminal action or the penalty imposed. A husband may be guilty of raping his wife. When the legal husband is the offender, subsequent forgiveness of the wife extinguishes the criminal action or penalty. This does not follow if the marriage is void ab initio.
ARTICLE 266-D. PRESUMPTIONS. EVIDENCE WHICH MAY BE ACCEPTED FOR THE PROSECUTION OF RAPE: 1. Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving consent.
Section One. Illegal Detention ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private individual; 2. That he kidnaps or detains another, or in any other manner deprives the liberty; 3. That the act of detention or kidnapping must be illegal; and 4. That in the commission of the offense, any of the following circumstances are present ( detention becomes serious): a. that the kidnapping/detention lasts for more than 3 days, b. that it is committed by simulating public authority, c. that any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made, or d. that the person kidnapped or detained is a minor (except if parent is the offender), female or a public officer. Death is imposed in the following instances: [death penalty suspended] 1. if kidnapping is committed for the purpose of extorting ransom either from the victim or from any other person even if none of the aforementioned circumstances are present in the commission of the offense; and 2. when the victim is killed or dies as a consequence of the detention or is raped or is subjected to torture or dehumanizing acts. PEOPLE vs. OBESO G.R. No. 152285. 10/24/03 It is true that for kidnapping to take place, it is not necessary that the victim be placed in an enclosure; neither is it necessary that the detention be prolonged. However, the essence of kidnapping is the actual deprivation of the victim's liberty coupled with indubitable proof of the intent of the accused to effect such deprivation.
ILLEGAL DETENTION Committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty. Crime is against personal liberty and security
ARBITRARY DETENTION Committed by a public officer or employee who detains a person without legal ground Crime against the fundamental law of the State
ARTICLE 268. SLIGHT ILLEGAL DETENTION ELEMENTS: 1. That the offender is a private person; 2. That he kidnaps or detains another or in any other manner deprives the liberty or he furnishes the place for the perpetuation of the detention; 3. That the act of detention or kidnapping must be illegal; 4. That the crime is committed without the attendance of any of the circumstances enumerated in Art. 267. PRIVILEGED MITIGATING CIRCUMSTANCE: If the offender: 1. voluntarily releases the person so kidnapped or detained within 3 days from the commencement of the detention; 2. without having attained the purpose intended; and 3. before the institution of criminal proceedings against him.
ARTICLE 271. INDUCING A MINOR TO ABANDON HIS HOME ELEMENTS: 1. That the minor is living in the home of his parents or guardians or the person entrusted with his custody; and 2. That the offender induces a minor to abandon such home. Inducement must be actual, committed with criminal intent and determined by a will to cause damage. The minor should not leave his home of his own free will. Mitigated if committed by the father or mother of the victim. The minor need not actually abandon his home or home of guardian. Mere commission of any act which tends to influence, persuade or prevail on a minor to abandon his home is what constitutes a crime.
ARTICLE 275. ABANDONMENT OF PERSON IN DANGER AND ABANDONMENT OF ONES OWN VICTIM. ACTS PUNISHABLE: 1. By failing to render assistance to any person whom the offender finds in an uninhabited place wounded or in danger of dying, when he can render such assistance without detriment to himself, unless such omission shall constitute a more serious offense; ELEMENTS: a. That place is not inhabited. b. The accused found there a person wounded or in danger of dying. c. The accused can render assistance without detriment to himself.
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ARTICLE 278. EXPLOITATION OF MINORS. Acts punished: 1. By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical strength or contortion, the offender being any person. 2. By employing children under 16 who are not the children or descendants of the offender in exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or engaged in a similar calling. 3. By employing any descendant under 12 in dangerous exhibitions enumerated in the next preceding paragraph, the offender being engaged in any of said callings. 4. By delivering a child under 16 gratuitously to any person following any of the callings enumerated in paragraph 2 or to any habitual vagrant or beggar, the offender being an ascendant, guardian, teacher or person entrusted in any capacity with the care of such child. 5. By inducing any child under 16 to abandon the home of its ascendants, guardians, curators or teachers to follow any person engaged in any of the callings mentioned in paragraph 2 or to accompany any habitual vagrant or beggar, the offender being any person. Qualifying Circumstance: If the delivery of the child to any person following any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual vagrant of beggar is made in consideration of any price, compensation or promise.
ARTICLE 277. ABANDONMENT OF MINOR BY PERSON ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF PARENTS ACTS PUNISHED: 1. By delivering a minor to a public institution or other persons w/o consent of the one who entrusted such minor to the care of the offender or, in the absence of that one, without the consent of the proper authorities; ELEMENTS: a. Offender has charge of the rearing or education of a minor; b. He delivers said minor to a public institution or other persons.; and c. That the one who entrusted such child to the offender has not consented to such act; or if the one who entrusted such child to the offender is absent, the proper authorities have not consented to it. 2. By neglecting his children by not giving them education which their station in life requires and financial condition permits; ELEMENTS:
ARTICLE 282. GRAVE THREATS ACTS PUNISHABLE: 1. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even though not unlawful and the offender attained his purpose. 2. By making such threat without the offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition. . Aggravating circumstances: (1) if made in writing, or (2) made through a middleman. The crime is frustrated if the threat was not received by the person being threatened. Threat not made in heat of anger, because such threat would be punished as Other Light Threats Grave threats may be committed by indirect challenge to a gun fight, even if complainant was absent when challenge was made; it is sufficient that threats came to knowledge of offended party Threats made in connection with the commission of other crimes are absorbed by the latter The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked by him
ARTICLE 283. LIGHT THREATS. ELEMENTS: 1. That the offender makes a threat to commit a wrong; 2. That the wrong does not constitute a crime; 3. That there is a demand for money or that other condition is imposed, even though not unlawful. In light threats, the wrong threatened does not amount to a crime. Requires that there be a demand of money or that other condition be imposed Blackmailing may be punished under this provision
ARTICLE 281. OTHER FORMS OF TRESPASS ELEMENTS: 1. That the offender enters the closed premises or the fenced estate of another; 2. That the entrance is made while either of them is uninhabited; 3. That the prohibition to enter be manifest; and
ARTICLE 285. OTHER LIGHT THREATS ACTS PUNISHABLE: 1. By threatening another with a weapon, or by drawing a weapon in a quarrel, unless it be in lawful self-defense. 2. By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in the threat. 3. By orally threatening another with harm not constituting a felony. No demand for money or condition involved Threat is not deliberate ARTICLE 286. GRAVE COERCIONS ELEMENTS: 1. That a person a. prevented another from doing something not prohibited by law or b. compel him to do something against his will, be it right or wrong 2. Violence, threats or intimidation, either material force or such display of force as would produce intimidation and control of the will. 3. Without authority of law Aggravating circumstances: 1. Violation of the exercise of the right of suffrage 2. Compelling another to perform a religious act or 3. preventing another from exercising such right or from doing such act (as amended by RA. 7890) The thing prevented from execution must not be prohibited by law. Otherwise, there will be no coercion.
ARTICLE 288. OTHER SIMILAR COERCIONS (COMPULSORY PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES BY MEANS OF TOKENS) ACTS PUNISHED: 1. By forcing or compelling, directly or indirectly, or knowingly permitting the forcing or compelling of the laborer or employee of the offender to purchase merchandise or commodities of any kind from him. 2. By paying the wages due his laborer or employee by means of tokens or objects other than the legal tender currency of the Philippines, unless expressly requested by such laborer or employee. ELEMENTS OF NO. 1: 1. That the offender is any person , agent or officer of any association or corporation. 2. That he or such firm or corporation has employed laborers or employees 3. That he forces or compels, directly or indirectly, or knowingly permits to be forced or compelled, any of his or its laborers or employees to purchase merchandise or commodities of any kind from him or from said firm or corporation. ELEMENTS OF NO. 2: 1. That the offender pays the wages due a laborer or employee employed by him by means of tokens or objects 2. That those tokens or objects are other than the legal tender currency of the Philippines.
ARTICLE 287. LIGHT COERCIONS ELEMENTS of par. 1: 1. That the offender must be a creditor; 2. That he seizes anything belonging to his debtor;
ARTICLE 290. DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE ELEMENTS: 1. That the offender is a private individual or even a public officer not in the exercise of his official function; 2. That he seizes the papers or letters of another; 3. That the purpose is to discover the secrets of such another person; and 4. That offender is informed of the contents or the papers or letters seized. This article is not applicable to parents with respect to their minor children or to spouses with respect to the papers or letters of either of them. Contents of the correspondence need not be secret. The purpose of the offender prevails. Qualifying circumstance: When the offender reveals the contents of such papers or letters to a 3rd person. This article does not require that the offended party be prejudiced.
ARTICLE 293. WHO ARE GUILTY OF ROBBERY ELEMENTS of robbery IN GENERAL: 1. That there be personal property belonging to another (bienes muebles) 2. That there is unlawful taking of that property (apoderamiento or asportacion 3. That the taking must be with intent to gain; (animus lucrandi) 4. That there is violence against or intimidation of any person, or force upon anything. Person from whom property was taken need not be the owner. Legal possession is sufficient. General rule: The identity of the real owner is not essential so long as the personal property taken does not belong to the accused. Exception: If the crime is robbery with homicide The taking of personal property must be unlawful in order to constitute robbery. If the property is in the possession of the offender because it was given to him in trust by the owner, the crime is estafa.
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ARTICLE 291. REVEALING SECRETS WITH ABUSE OF OFFICE ELEMENTS: 1. That the offender is a manager, employee or servant;
ROBBERY X didnt commit crime but is intimidated to deprive him of his property Deprived of money thru force or intimidation Neither
BRIBERY X has committed a crime and gives money as way to avoid arrest or prosecution Giving of money is in a sense voluntary
Transaction is voluntary and mutual Ex. Accused demands payment of P2.00 with threats of arrest and prosecution, therefore, robbery because (a) intent to gain and (b) immediate harm PEOPLE vs. BOCALAN, G.R. No. 141527. 9/4/03 For the appellant to be guilty of consummated robbery, there must be incontrovertible proof that property was taken from the victim. The appellant is guilty of attempted robbery only when he commences the commission of robbery directly by overt acts and does not perform all the acts of execution which would produce robbery by reason of some causes or accident other than his own spontaneous desistance. ARTICLE 294. ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS ACTS PUNISHED AS ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS: 1. When by reason or on occasion of the robbery, homicide is committed; 2. When the robbery is accompanied w/ rape or intentional mutilation or arson; 3. When by reason or on occasion of robbery, any of the physical injuries resulting in insanity, imbecility, impotency, or blindness is inflicted; 4. When by reason of or on occasion of the robbery, serious physical injuries resulting in the loss of the use of speech, or the power to hear or to smell, or the loss of an eye, hand, foot, arm, leg, or the loss of the use of any such member
Well entrenched in this jurisprudence is the doctrine that when homicide takes place as a consequence or on occasion a robbery, all those who took part in the robbery are guilty as principals in the special complex crime of robbery with homicide, even if they did not actually took part in the homicide. The only exception is when it is clearly shown that the accused endeavored to prevent the unlawful killing. PEOPLE vs. HIJADA, G.R. No. 123696. 311/04 There is no crime of Robbery with Multiple Homicide under the Revised Penal Code. The crime is Robbery with Homicide notwithstanding the number of homicides committed on the occasion of the robbery and even if murder, physical injuries and rape were also committed on the same occasion.
ARTICLE 295. ROBBERY WITH PHYSICAL INJURIES, COMMITTED IN AN UNINHABITED PLACE AND BY A BAND, OR WITH THE USE OF FIREARM ON THE STREET, ROAD, OR ALLEY QUALIFYING CIRCUMSTANCES IN ROBBERY WITH VIOLENCE OR INTIMIDATION OF PERSONS: If any of the offenses defined in subdivisions 3, 4 and 5 of Art. 294 is committed 1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering the passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances, or 5. on a street, road, highway or alley and the intimidation is made with the use of firearms. The qualifying circumstances of robbery with violence or intimidation must be alleged in the information and proved during the trial. Being qualifying circumstances, they cannot be offset by generic mitigating circumstances. This article will not apply to the special complex crimes of robbery w/ homicide, w/ rape, or w/ serious physical injuries under paragraph 1 of Art. 263.
ARTICLE 297. ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE Same penalty, whether robbery is attempted or frustrated, as long is homicide is committed by reason or on occasion thereof. Where the offense is attempted or frustrated robbery with serious physical injuries, Art. 48 (complex crimes) is applicable.
ARTICLE 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR INTIMIDATION ELEMENTS: 1. That the offender has intent to defraud another; 2. That the offender compels him to sign, execute, or deliver any public instrument or document; and 3. That the compulsion is by means of violence or intimidation. This article is not applicable if the document is void. Applies even if document signed, executed or delivered is a private or commercial document.
ARTICLE 299. ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP.
ARTICLE 302. ROBBERY IN AN UNINHABITED PLACE OR IN A PRIVATE BUILDING. ELEMENTS: 1. That the offender entered an uninhabited place or a building which was not a dwelling house, not a public building, or not an edifice devoted to religious worship; 2. That any of the following circumstances was present: a. That entrance was effected through an opening not intended for entrance or egress, b. A wall, roof, floor, or outside door or window was broken, c. The entrance was effected through the use of false keys, picklocks or other similar tools, d. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken; or e. A closed or sealed receptacle was removed, even if the same be broken open elsewhere; and 3. That with intent to gain, the offender took therefrom personal property belonging to another. This article covers the second kind of robbery with force upon things.
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ARTICLE 306. WHO ARE BRIGANDAGS; PENALTY. There is brigandage when 1. at least four armed persons, 2. band of robbers, and 3. their purpose is any of the ff: a. Robbery in the highway b. Kidnapping for extortion or ransom c. Any other purpose to be obtained by means of force and violence. All the members of the band are presumed brigands if any of them carries an unlicensed firearm.
ARTICLE 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN AN UNINHABITED PLACE OR PRIVATE BUILDING When the robbery described in Arts. 299 and 302 consists in the taking of cereals, fruits, or firewood, the penalty is one degree lower.
ARTICLE 304. ILLEGAL POSSESSION OF PICKLOCKS OR SIMILAR TOOLS ELEMENTS: 1. That the offender has in his possession picklocks or similar tools; 2. That such picklocks or similar tools are specially adopted to the commission of robbery; and 3. That the offender does not have lawful cause for such possession. Actual use of the picklocks or similar tools is not necessary.
BRIGANDAGE Purposes are as enumerated in Art. 306 Mere formation of a band for the above purpose
ROBBERY IN BAND Only to commit robbery, not necessarily in hi-way If the purpose is to commit a particular robbery, it is necessary to prove that band actually committed robbery
ARTICLE 307. AIDING AND ABETTING A BAND OF BRIGANDS ELEMENTS: 1. That there is a band of brigands; 2. That the offender knows the band to be of brigands; and 3. That the offender does any of the following acts: a. he in any manner aids, abets or protects such band of brigands, or b. he gives them information of the movements of the police or other peace officers of the Government, or c. he acquires or receives the property taken by such brigands.
ARTICLE 305. FALSE KEYS. FALSE KEYS include: 1. picklocks or similar tools, 2. genuine keys stolen from the owner; and 3. any key other than those intended by owner for use in the lock forcibly opened by the offender. Possession of false keys in paragraphs (b) and (c) above is not punishable. If the key was entrusted to the offender and he used it to steal, crime is not robbery but theft.
The Anti-Carnapping Act defines carnapping as the taking, with intent to gain, of a motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons, or by using force upon things. This law also penalizes the defacing or tampering with the original serial number of motor vehicle engines, engine blocks, and chassis.
ARTICLE 308. THEFT ELEMENTS: 1. That there be taking of personal property; 2. That said property belongs to another; 3. That the taking be done with intent to gain; 4. That the taking be done without the consent of the owner; and 5. That the taking be accomplished without the use of violence against or intimidation of persons or force upon things. Taking: if bulky, must be taken away(when place surrounded by fence or wall), otherwise, the moment he had full possession of thing, asportation is complete; does not need a character of permanency Intent to Gain taking must be accompanied by intention, at the time of taking, of withholding the thing with character of permanency; presumed from unlawful taking of personal property of another Gain desired by the offender may not only be money. It may include satisfaction, use, pleasure or any benefit; includes satisfaction of taking revenge It is not required that the offender realized actual gain in committing theft. It is sufficient that
ELEMENTS(Par. 3 of Art 308): 1. That there is an enclosed estate or a field where trespass is forbidden or which belongs to another; 2. That the offender enters the same; 3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or farm products in the estate or field; and 4. That the hunting or fishing or gathering of products is without the consent of the owner. The fishing in this article is not in the fishpond or fishery. If the fish is taken from a fishpond or a fishery, the crime is qualified theft.
P.D. NO. 534 PUNISHES ILLEGAL FISHING COMMITTED BY 1. Any person to catch, take or gather or cause to be caught, taken or gathered fish in Philippine waters with the use of explosives, obnoxious or poisonous substances or by the use of electricity; and 2. Any person who knowingly possesses, deals in, sells or in any manner disposes of, for profit, any fish, fishery/aquatic products w/c have been illegally caught. P.D. NO. 581 PUNISHES HIGHGRADING OR THEFT OF GOLD COMMITTED BY 1. Taking gold-bearing ores from a mining claim or mining camp, or removing, collecting or gathering gold-bearing ores or rocks in place;
ARTICLE 310. QUALIFIED THEFT Theft is qualified if 1. It is committed by a domestic servant, or 2. Committed with grave abuse of confidence, or 3. The property stolen is a: a. motor vehicle, b. mail matter, c. large cattle, d. coconut from the premises of a plantation, e. fish from a fishpond or fishery, or
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ARTICLE 311. THEFT OF PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM
Theft of property on National Library and Museum has a fixed penalty regardless of its value.
ANTI-CATTLE RUSTLING LAW Chapter Four. USURPATION CATTLE RUSTLING is the taking away by any means, method or, scheme, without the consent of the owner, of animals classified as large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat/hide without the consent of the owner. Large cattle includes cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. Qualifying circumstances: 1. Cattle-rustling is committed with violence against or intimidation of persons or force upon things; and 2. A person is seriously injured or killed as a result or on occasion of cattle-rustling. P.D. 330 punishes timber smuggling from, and illegal cutting of logs in, public forests and forest reserves as qualified theft.
ARTICLE 312. OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN PROPERTY ELEMENTS: 1. That the offender takes possession of any real property or usurps any real rights in property; 2. That the real property or real rights belong to another; 3. That violence against or intimidation of persons is used by the offender in occupying real property or usurpation real rights in property; and 4. That there is intent to gain.
ANTI-FENCING LAW
ARTICLE 314. FRAUDULENT INSOLVENCY ELEMENTS: 1. Offender is a debtor; that is, he has obligations due and payable; 2. Absconds with his property; and 3. Prejudice to his creditors. Actual prejudice to the creditors is required.
ELEMENTS OF ESTAFA IN GENERAL: 1. Defrauded another (a) by abuse of confidence, or (b) or means of deceit; and 2. That damage or prejudice capable of pecuniary estimation is caused to the offended party or third person. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: 1. Offender has an onerous obligation to deliver something of value; 2. That he alters its substance, quantity, or quality; and 3. That damage or prejudice is caused to another. Committed by altering the substance, quantity, or quality of the things to be delivered
ELEMENTS OF ESTAFA BY MEANS OF DECEIT: 1. That there must be a false pretense, fraudulent act or fraudulent means. 2. That such false pretense, fraudulent act or fraudulent means must be made or executed prior to or simultaneously with the commission of the fraud; 3. That the offended party must have relied on the false pretense, fraudulent act, or fraudulent means, that is, he was induced to part with his money or property because of the false pretense, fraudulent act, or fraudulent means; and 4. That as a result thereof, the offended party suffered damage. There must be evidence that the pretense of the accused that he possesses power/influence is false. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: 1. That the offender postdated a check, or issued a check in payment of an obligation; and 2. That such postdating or issuing a check was done when the offender had no funds in the bank or his funds deposited therein were not sufficient to cover the amount of the check. Good faith is a defense in a charge of estafa by postdating or issuing a check. The drawers failure to deposit the amount necessary to cover the issued check within 3 days from notice of dishonor is prima facie evidence of deceit. If the check was issued in payment of preexisting debt, there is no estafa. Offender must be able to obtain something from the offended party by means of the check he issues and delivers. If postdating a check issued as mere guarantee/promissory note, there is no estafa.
ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE OF THE SIGNATURE IN BLANK: 1. That the paper with the signature of the offended party be in blank; 2. That the offended party should have delivered it to offender; 3. That above the signature of the offended party a document is written by the offender without authority to do so; and 4. That the document so written creates a liability of, or causes damage to, the offended party or any third person. If the paper with signature in blank was stolen, the crime is falsification if the offender made it appear that the victim participated in a
Illegal Recruitment - Any act of canvassing, enlisting, hiring, or procuring workers, including referring contract services, promising or advertising for employment abroad, whether for profit or not, when undertaken by a non-licensee or non-holder of authority. Any such non-licensee or non-holder of authority who, for a fee, offers and promises employment abroad to two or more persons shall be deemed so engaged in illegal recruitment. Economic Sabotage: Illegal recruitment by syndicate - committed by a group of three (3) or more persons conspiring or confederating with one another. Large Scale Illegal Recruitment committed against three (3) or more persons. Penalty for Illegal Recruitment involving economic sabotage is punishable by life imprisonment and fine of P500,000 to P1,000,000.
ESTAFA
OTHER FORMS OF SWINDLING: 1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage the same. 2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such encumbrance be not recorded. 3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice of the latter or any third person. 4. Any person who, to the prejudice of another, shall execute any fictitious contract. 5. Any person who shall accept any compensation given him under the belief that it was in payment of services rendered or labor performed by him, when in fact he did not actually perform such services or labor. 6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority from the court or before the cancellation of his bond or before
ELEMENTS of SWINDLING BY DISPOSING OF REAL PROPERTY AS FREE FROM ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED: 1. That the thing disposed of be real property; 2. That the offender knew that the real property was encumbered, whether the encumbrance is recorded or not. 3. That there must be express representation by the offender that the real property is free from encumbrance; and 4. That the act of disposing of the real property be made to the damage of another. ELEMENTS of SWINDLING BY WRONGFULLY TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL POSSESSOR: 1. That the offender is the owner of personal property; 2. That said personal property is in the lawful possession of another; 3. That the offender wrongfully takes it from its lawful possessor; and 4. That prejudice is thereby caused to the possessor or third person.
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ELEMENTS of SELLING OR PLEDGING PERSONAL PROPERTY ALREADY PLEDGED: 1. That personal property is already pledged under the terms of the Chattel Mortgage Law; 2. That the offender, who is the mortgagor of such property, sells or pledges the same or any part thereof; and 3. That there is no consent of the mortgagee written on the back of the mortgage and noted on the record thereof in the office of the register of deeds. ELEMENTS of KNOWINGLY REMOVING MORTGAGED PERSONAL PROPERTY: 1. That personal property is mortgaged under the Chattel Mortage Law; 2. That the offender knows that such property is so mortgaged; 3. That he removes such mortgaged personal to any province or city other than the one in which it was located at the time of the execution of the mortgage; 4. That the removal is permanent; and 5. That there is no written consent of the mortgagee or his executors, administrator or assignees to such removal.
ARTICLE 317. SWINDLING A MINOR ELEMENTS: 1. That the offender takes advantage of the inexperience or emotions or feelings of a minor; 2. That he induces such minor (a) to assume an obligation, or (b) to give release, or (c) to execute a transfer of any property right; 3. That the consideration is (a) some loan of money, (b) credit or (c) other personal property; and 4. That the transaction is to the detriment of such minor.
ARTICLE 318. OTHER DECEITS OTHER DECEITS ARE: 1. By defrauding or damaging another by any other deceit not mentioned in preceding articles; and 2. By interpretating dreams, making forecasts, fortune-telling, or by taking advantage of the credulity of the public in any other similar manner for profit or gain. P.D. 1613 expressly repealed or amended Arts 320326, but P.D. 1744 revived Art 320 Destructive arson). Arson is the malicious destruction of property by fire. Arson committed by any person who burns or sets fire to the property of another or to his own property under circumstances which expose to danger the life or property of another Attempted: Ex. Rags in gasoline, Consummated: If any part of building burned Frustrated:there is fire, but no part of hoiuse burned THREE KINDS OF ARSON: 1. Arson
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A. ELEMENTS of CRIME INVOLVING DESTRUCTION: 1. That the offender causes destruction of the property; and 2. That the destruction was done by means of: a. explosion, b. discharge of electric current, c. inundation, d. sinking or stranding of a vessel, e. damaging the engine of the vessel, f. taking up rails from the railway track, g. destroying telegraph wires and posts or those of any other system, or h. other similar effective means of destruction. B. ELEMENTS of BURNING ONES PROPERTY AS A MEANS TO COMMIT ARSON: 1. That the offender set fire to or destroyed his own property; 2. That the purpose of the offender in doing so was to commit arson or to cause a great destruction; and 3. That the property belonging to another was burned or destroyed. C. ELEMENTS of ARSON: 1. That the property burned is the exclusive property of the offender; and 2. That (a) the purpose of the offender is burning it is to defraud or cause damage to another, or (b) prejudice is actually caused, or (c) the thing burned is a building in an inhabited place. Special aggravating circumstances in arson: 1. If committed with intent to gain; 2. If committed for the benefit of another; 3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned; or 4. If committed by a syndicate. DESTRUCTIVE ARSON: The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any person who shall burn: 1. Building or Edifice 2. Building Open to Public
ARTICLE 326. MALICIOUS MISCHIEF ELEMENTS: 1. That the offender deliberately caused damage to the property of another;
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ARTICLE 329. OTHER MISCHIEFS Mischiefs not included in Art. 328 are punished according to the value of the damage caused. Ex. scattering human excrement in public building, killing of cow as an act of revenge, A servant who released bird from cage as act of hate against owner
ARTICLE 330. DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION This crime is done by damaging railways, telegraph or telephone lines. Railway system includes electric wires, traction cables, signal system, and other things pertaining to railways Removing rails from a railway track to cause destruction constitutes crime involving destruction under Art. 324. Art. 330 is not applicable when the damaged telegraph/phone lines do not pertain to a railway system. Hence, cutting telephone lines or those for transmission of electric power/light not pertaining to railways is not covered by this article. If people are killed as a result of the damage caused and the offender had no intent to kill, the crime is damages to means of communication with homicide. If there is intent to kill and damaging the railways was the means to accomplish the criminal purpose, the crime is murder. If the damage shall result in any derailment of cars, collision or other accident, a higher penalty shall be imposed. Derailment of cars should not have been purposely sought for
ARTICLE 328. SPECIAL CASES OF MALICIOUS MISCHIEF CASES OF QUALIFIED MALICIOUS MISCHIEF: 1. Causing damage to obstruct performance of public functions. 2. Using poisonous or corrosive substance. 3. Spreading infection or contagion among cattle.
ARTICLE 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY IN CRIMES AGAINST PROPERTY. OFFENSES INVOLVED IN THE EXEMPTION: 1. Theft, 2. Swindling (estafa), and 3. Malicious mischief. PERSONS EXEMPT FROM CRIMINAL LIABILITY: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line. 2. The widowed spouse with respect to the property w/c belonged to the deceased spouse before the same passed into the possession of another. 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together. Only civil liability is incurred by the offenders who are exempt by law from criminal liability. Parties to the crime who are not related to the offended party still remain criminally liable. Law recognized presumed co-ownership of property between offender and offended party Persons exempt from criminal liability include: 1. stepfather/mother (ascendants by affinity) 2. adopted children (descendants) 3. concubine/paramour (spouse) 4. common-law spouse.
ARTICLE 336. ACTS OF LASCIVIOUSNESS ELEMENTS: 1. That the offender commits any act of lasciviousness or lewdness; 2. That the act of lasciviousness is committed against a person of either sex; and 3. That it is done under any of the following circumstances: a. by using force or intimidation, or b. when the offended party is deprived of reason or otherwise unconscious, or c. by means of fraudulent machination or grave abuse of authority, or d. when the offended party is under 12 years of age or is demented. Q: How is the crime of acts of lasciviousness distinguished from attempted rape? A: The following are the distinctions: (a) If the acts performed by the offender clearly indicate that his purpose was to lie with the offended woman attempted rape. (b) In the case of attempted rape, the lascivious acts are but the preparatory acts to the commission of rape; whereas in acts of lasciviousness, the lascivious acts are themselves the final objective sought by the offender. Acts of Lasciviousness should be differentiated from Grave Coercion and Unjust Vexation:
SEDUCTION means the enticing a woman to unlawful sexual intercourse by promise of marriage or other means of persuasion without the use of force.
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ARTICLE 337. QUALIFIED SEDUCTION 2 CLASSES OF QUALIFIED SEDUCTION: 1. Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in authority, priest, teacher, etc.; and 2. Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or reputation. (incestuous seduction) ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN: 1. That the offended party is a virgin, which is presumed if she is unmarried and of good reputation; 2. That she must be over 12 and under 18 years of age; 3. That the offender has sexual intercourse with her; and 4. That there is abuse of authority, confidence or relationship on the part of the offender (person entrusted with education or custody of victim; person in public authority, priest; servant). PERSONS LIABLE: 1. Those who abuse their authority: a. persons in public authority b. guardian c. teacher d. person who, in any capacity, is entrusted w/ the education or custody of the woman seduced 2. Those who abused the confidence reposed in them: a. priest b. house servant c. domestic 3. Those who abused their relationship: a. brother who seduced his sister b. ascendant who seduced his descendant Authority -Public Authority -Guardian -Teacher -Person who, in Confidence - Priest - House servant - Domestic (person living in same roof, may Relationship - Brother who seduced his sister - Ascendant who seduced
The penalty for qualified seduction of a sister or descendant is higher than qualified seduction of a virgin. Deceit is not an element of qualified seduction. Abuse of Confidence, acts punished because of character of person committing the same, and excess of power or abuse of confidence The offended party need not be a virgin physically virgin is a virtuous woman of good reputation Deceit is not an element of qualified seduction; it is an element of simple seduction Accused charged with rape cannot be convicted of qualified seduction under the same information.
ARTICLE 338. SIMPLE SEDUCTION ELEMENTS: 1. That the offended party is over 12 and under 18 years of age; 2. That she must be of good reputation, single or widow; 3. That the offender has sexual intercourse with her; and 4. That it is committed by means of deceit. Virginity of the victim is not required in simple seduction. Deceit generally takes the form is unfulfilled promise to marry. Promise of marriage by a married man, whom the victim knew to be married, is not deceit. Promise of marriage after sexual intercourse is not deceit. No continuing offense of seduction Man may be willing and ready to marry the girl but simple seduction is still committed when man knows that the offended party cannot legally consent to marriage
ARTICLE 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF THE OFFENDED PARTY ELEMENTS:
ARTICLE 340. CORRUPTION OF MINORS The act punishable is the promotion or facilitating the prostitution or corruption of persons under age to satisfy the lust of another. It is not necessary that the unchaste acts shall have been done to the minor. Hence, a mere proposal will consummate the offense. R.A. 7610 punishes child prostitution committed by: 1. Those who engage in or promote, facilitate or induce child prostitution; 2. Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse; 3. Those who derive profit or advantage therefrom. (Ex. manager/owner of the establishment where child prostitution takes place); 4. Any person, not being a relative of the child, is found alone with the said child in a hidden or secluded area under circumstances which lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse; and 5. Any person who receives services from a child in a sauna parlor or bath, massage clinic, health club, and other similar establishments. Q: What is Child Prostitution? A: It is engaging in sexual intercourse or acts of lasciviousness with a child, who for money or profit or due to coercion is exploited to indulge in such activities. The victim maybe male or female. If the victim is under twelve (12) years of age, the offender shall NOT be prosecuted under RA 7610, but shall be prosecuted for statutory rape or acts of lasciviousness as the case maybe.
ARTICLE 341. WHITE SLAVE TRADE ACTS PENALIZED: 1. Engaging in the business of prostitution; 2. Profiting by prostitution; and 3. Enlisting the service of women for the purpose of prostitution. One of those above-mentioned acts is sufficient to constitute the offense Habituality not a necessary element of white slave trade Offender need not be owner of house and need not be present at time of raid; it suffices that he maintains or engages in business Under any pretext if real purpose is prostitution, it doesnt matter if one engages sevices of woman ostensibly as maid, for example
ARTICLE 342. FORCIBLE ABDUCTION ELEMENTS: 1. That the person abducted is any woman, regardless of her age, civil status, or reputation; 2. That the abduction is against her will; and 3. That the abduction is with lewd designs.
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ARTICLE 343. CONSENTED ABDUCTION ELEMENTS: 1. That the offended party must be a virgin; 2. That she must be over 12 and under 18 years of age; 3. That the taking away of the offended party must be with her consent, after solicitation or cajolery from the offender; and 4. That the taking away of the offended party must be with lewd designs. If the virgin is under 12 years of age, the crime committed is forcible abduction, even if the girl consented to the elopement. The abduction of the victim need not be with some character of permanence. Virginity: not in a material sense as to exclude the idea of abduction of a virtuous woman of good reputation It is sufficient that abductor was instrumental in escape of victim, need not be taken from her house Requires solicitation or cajolery
How committed: In a work-related or employment environment, sexual harassment is committed when: 1. The sexual favor is made as a condition in the hiring or in the employment, reemployment or continued employment of said individual, or in granting said individual favorable compensation, terms of conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting,
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ARTICLE 345. CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES AGAINST CHASTITY. PERSON GUILTY OF RAPE, SEDUCTION OR ABDUCTION, SHALL ALSO BE SENTENCED: 1. To indemnify the offended woman. 2. To acknowledge the offspring, unless the law should prevent him from so doing. 3. In every case to support the offspring. The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse. No civil liability for Acts of Lasciviousness Moral damages may be awarded to offended party, and the parents for seduction, abduction, rape, other lascivious acts (Article 2219 Civil Code) Multiple Rape(by multiple offenders): all of them must support offspring, not one may be made to acknowledge offspring Amount and terms of support to be determined in a hearing (Article 201 Family Code) Only Indemnity in Rape of Married Woman
ARTICLE 344. PROSECUTION OF ADULTERY, CONCUBINAGE, SEDUCTION, ABDUCTION, AND ACTS OF LASCIVIOUSNESS 1. Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse. 2. Seduction, abduction, or acts of lasciviousness must be prosecuted upon complaint signed by: a. offended party, b. by her parents, c. grandparents, or d. guardians * in the order in which they are named above. General Rule: Marriage in good faith of the offender w/ the offended party extinguishes the criminal action or remit the penalty already imposed upon him. This
ARTICLE 346. LIABILITY OF ASCENDANTS, GUARDIANS, TEACHERS, OR OTHER PERSONS ENTRUSTED WITH CUSTODY OF OFFENDED PARTY Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction, etc: 1) Ascendants, 2) Guardians, 3) Curators, 4) Teachers, and 5) Any other person, who cooperates as accomplice with abuse of authority or confidential relationship.
ARTICLE 347. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD FOR ANOTHER; AND CONCEALMENT OR ABANDONMENT OF A LEGITIMATE CHILD Acts punished: 1. Simulation of births, ELEMENTS: a) The child is baptized or registered in the Registry of birth as the offenders; b) The child loses its real status and acquires a new one; and c) The offenders purpose was to cause the loss of any trace as to the childs true filiation. 2. Substitution of one child for another, or 3. Concealing or abandoning any legitimate child w/ the intent to cause such child to lose its civil status. ELEMENTS: a) The child must be legitimate; b) The offender conceals or abandons such child; and c) The offender has the intent to cause the child to lose its civil status. The fact that child will be benefited by simulation of birth is not a defense since it creates a false status to the detriment of members of family to which the child is introduced Father who sells child is not liable under this article since there is no abandonment
ARTICLE 348. USURPATION OF CIVIL STATUS This felony is committed by a person who assumes the filiation, or the parental or conjugal rights of another. Criminal intent to enjoy the civil rights of another by the offender knowing he is not entitled thereto is necessary to constitute this crime. Circumstance qualifying the offense: When the purpose of the impersonation is to defraud the offended party or his heirs.
ELEMENTS: 1. That the offender contracted marriage; and 2. That he knew at the time that a. the requirements of the law were not complied with, or
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ARTICLE 353. DEFINITION OF LIBEL/DEFAMATION ELEMENTS: 1. That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance;
ARTICLE 354. REQUIREMENT OF PUBLICITY. Kinds of privileged communication: 1. Absolutely privileged not actionable even if the actor has acted in bad faith; 2. Qualifiedly privileged those which, although containing defamatory imputations, are not actionable unless made with malice or bad faith. General Rule: Every defamatory imputation is presumed malicious, even if it be true, if no good intention and justifiable motive for making it is shown. Exceptions: 1. private communication in performance of legal, moral or social duty 2. Requisites: a. That the person who made the communication had a legal, moral or social duty to make the communication or at least he had an interest to be upheld; b. That the communication is addressed to an officer or a board, or superior, having some interest or duty on the matter; and c. That the statements in the communication are made in good faith without malice in fact. 3. fair and true report of official proceedings, made in good faith, without any comments and remarks 4. Requisites: a. That the publication of a report of an official proceeding is a fair and true report of a judicial, legislative, or other official proceedings which are not of confidential nature, or of a statement, report, or speech delivered in said proceedings, or of any other act performed by a public officer in the exercise of his functions; b. That it is made in good faith; and c. That it is made without any comments or remarks
ARTICLE 357. PROHIBITED PUBLICATION OF ACTS REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS ELEMENTS: 1. That the offender is a reporter, editor or manager of a newspaper, daily or magazine; 2. That he publishes facts connected with the private life of another; and 3. That such facts are offensive to the honor, virtue and reputation of said person. The prohibition to publish applies even such publication be made in connection w/ or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned. Art. 357 constitutes the Gag law which bars from publication news reports on cases pertaining to adultery, divorce, issues about the legitimacy of children, etc. Source of news report may not be revealed unless court or Congress finds such revelation is demanded by the security of the State
ARTICLE 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS. The means by which libel may be committed are writing, printing, lithography, engraving, radio, phonograph, painting, theatrical or cinematographic exhibitions, or any similar means. Use of amplifier slander Television program libel Penalty is in addition to civil liability Libel may be absorbed in crime of threats if intent to threaten is principal aim and object
ARTICLE 358. SLANDER/ ORAL DEFAMATION. KINDS OF ORAL DEFAMATION: 1. Grave slander - defamation is of a serious and insulting nature; 2. Simple slander - light insult or defamation.
ARTICLE 359. SLANDER BY DEED ELEMENTS: 1. That the offender performs any act not included in any other crime against honor; 2. That such act is performed in the presence of other person or persons; and 3. That such act casts dishonor, discredit or contempt upon the offended party.
Seriousness of slander by deed depends on the social standing of offended party, the circumstances surrounding the act, the occasion Distinctions: 1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification. 2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt. 3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstance provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if offended party was under 12 years old, together with lewd designs)
ARTICLE 360. PERSONS RESPONSIBLE FOR LIBEL PERSONS LIABLE: 1. The person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means; 2. The author or editor of a book or pamphlet;
ELEMENTS: 1. That the offender performs an act; 2. That by such act he directly incriminates or imputes to an innocent person the commission of a crime; and 3. That such act does not constitute perjury. 2 KINDS OF INCRIMINATING AN INNOCENT PERSON: 1. Making a statement which constitutes: a. defamation, or b. perjury (if made under oath and is false) 2. Planting evidence Art 363 is limited to planting evidence and the like, which tend directly to cause false prosecution. Incriminatory machinations distinguished from defamation does not avail himself of written or spoken words There is a complex crime of incriminating an innocent person through unlawful arrest
ARTICLE 364. INTRIGUING AGAINST HONOR This felony is committed by any person who shall make any intrigue which has for its principal purpose to blemish the honor or reputation of another person. It is committed by saying to others an unattributable thing, that if it said to the person himself, slander is committed. Intriguing against honor refers to any scheme or plot designed to blemish the reputation of another by means w/c consist of some trickery. The intrigue is resorted to to blemish honor or reputation of another person Must be committed by means of some tricky and secret plot, and not gossiping which falls under defamation Where the source or author of derogatory information cannot be determined and defendant passes it to others, defendants act is one of intriguing against honor; if it came from a definite source, crime is slander
ARTICLE 362. LIBELOUS REMARKS Libelous remarks or comments on privileged matters (under Art. 354), if made with malice in fact, will not exempt the author and editor. This article is a limitation to the defense of privileged communication. Even if matter is privileged and malice in fact is proved, author and editor is liable Author/editor of publication who distorts, mutilates or discolors official proceedings reported by him, or add comments thereon to cast aspersion on character of parties concerned is guilty of libel
CRIMINAL NEGLIGENCE
False statement or affidavit made under oath Arresto mayor max to prision correccional min
Negligence is a quasi-offense. What is punished is not the effect of the negligence but the recklessness of the accused.
Test of Negligence: Would a prudent man foresee harm as a reasonable consequence of the course about to be pursued? Reasonable foresight of harm, followed by ignoring of admonition born of this provision Reckless Imprudence v. Force Majeure: Force Majeure is an event that cannot be foreseen, or which being foreseen is inevitable; implies an extraordinary circumstance independent of will of actor; in reckless imprudence damage or injury may be preventable by exercise of reasonable care and threatened upon conduct about to be pursued by the actor Contributory negligence of offended party is not a defense but only mitigates criminal liability. Last Clear Chance Rule The contributory negligence of the injured party will not defeat the action if it be shown that the accused might, by the exercise of reasonable care and prudence, have avoided the consequences of the negligence of the injured party. Emergency Rule: A person confronted with emergency may be left with no time for thought, must make speedy decision based on impulse or instinct, and cannot be held liable for same conduct as one who had opportunity to reflect; applicable only when situation that arises is sudden and unexpected, and is such as to deprive him of all opportunity for deliberation Ex. An automobile driver, who, by the negligence of
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QUASI-OFFENSES ARE COMMITTED IN 4 WAYS: 1. By committing through reckless imprudence any act which, had it been intentional, would constitute a grave or less grave felony or light felony; 2. By committing through simple imprudence or negligence an act w/c would otherwise constitute a grave or a less serious felony; 3. By causing damage to the property of another through reckless imprudence or simple imprudence or negligence; or 2. By causing through simple imprudence or negligence some wrong w/c, if done maliciously, would have constitutes a light felony. ELEMENTS OF RECKLESS IMPRUDENCE: 1. That the offender does or fails to do an act; 2. That the doing of or the failure to do that act is voluntary; 3. That it be without malice; 4. That material damage results; and 5. That there is inexcusable lack of precaution on the part of the offender, taking into consideration a. his employment or occupation, b. degree of intelligence, physical condition, and c. other circumstances regarding persons, time and place.
Negligence Deficiency of Perception Failure in advertence Avoided by Paying proper attention and using due diligence in foreseeing them
Imprudence Deficiency of Action Failure in Precaution Taking necessary precaution once foreseen
REPUBLIC ACT NO. 8294 (Law Penalizing Illegal Possession of Firearms, etc.) PERSONS LIABLE: 1. Any person who shall unlawfully manufacture, deal in, acquire, dispose, or possess any low-powered firearm, part of firearm, ammunition, or machinery, tool or instrument used or intended to be used in the manufacture of any firearm or ammunition; The owner, president, manager, director or other responsible officer of any public or private firm, company, corporation or entity, who shall willfully or knowingly allow any of the firearms owned by such firm, company, corporation or entity to be used by any person or persons found guilty of violating the provisions of the preceding paragraphs or willfully or knowingly allow any of them to use unlicensed firearms or firearms without any legal authority to be carried outside of their residence in the course of their employment;
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ANTI-MONEY LAUNDERING ACT OF 2001 (R. A. NO. 9160) Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources. PERSONS LIABLE: 1. Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property. 2. Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering referred to in paragraph (a) above. 3. Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering Council (AMLC), fails to do so. Covered transaction: Transaction In excess of P500,000 within one banking day. Suspicious transaction, Requisites: 1. Covered institution, 2. Regardless of amount, and 3. Any of the ff. circumstances: a. no economic justification b. client not properly identified c. amount not commensurate with financial capacity d. structured to avoid reporting e. deviation from clients profile or past transactions f. unlawful activity under this Act g. Similar or analogous UNLAWFUL ACTIVITY: 1. Kidnapping for ransom 2. Comprehensive Dangerous Drugs Act of 2002 (Sec. 4,5,6,8,9,10,12,14,15,16) 3. Anti-Graft and Corrupt Practices Act (Sec. 3, par. B,C,E,G,H and I) 4. Plunder 5. Robbery and extortion 6. Jueteng and Masiao punished as illegal gambling
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Murder or homicide
Crime committed; Illegal possession is NOT a separate offense, nor is it aggravating. Offender is exonerated of illegal possession. Murder or homicide, with special aggravating circumstance of illegal possession Rebellion or insurrection, sedition, or attempted coup d etat; Illegal possession is absorbed as an element thereof
UNLICENSED FIREARMS MAY INCLUDE: 1. firearms with expired license; or 2. unauthorized use of licensed firearm in the commission of the crime. People vs. Ladjaalam, (2000) The language of RA 8294 effectively exonerates the accused of illegal possession, an offense which may carry a heavier penalty than the other crime committed. Indeed, the accused may evade conviction for illegal possession by committing a lighter offense, like alarm and scandal. However, the wisdom of RA 8294 is not subject to the Courts review.
AUTHORITY TO INQUIRE INTO BANK DEPOSITS: 1. Court order upon showing of probable cause that the deposit is related to an unlawful activity or a money laundering offense. 2. No court order required for the ff. unlawful activities: a. Kidnapping for ransom b. Comprehensive Dangerous Drugs Act of 2002 Hijacking and other violation of RA 6235; destructive and murder, including those perpetrated by terrorists against non-combatants - END -