Professional Documents
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Crim Rev Codal
Crim Rev Codal
2. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and
securities issued by the Government of the Philippine Islands;
3. Should be liable for acts connected with the introduction into these islands of the obligations and
securities mentioned in the presiding number;
4. While being public officers or employees, should commit an offense in the exercise of their
functions; or
5. Should commit any of the crimes against national security and the law of nations, defined in T1 B2
1. Deceit/dolo/intentional felony - when the act is done with deliberate intent; voluntary act because
it is committed by means of deliberate intent.
Elements: 1) Criminal intent on the part of the offender 2) Freedom of action in doing the act on the
part of the offender
3) Intelligence of the offender
freedom of action - there is freedom of action when the offender performs the act on his own free
will, without force, duress, uncontrollable fear.
intelligence - mental capacity of a person to know wrong from right and to appreciate the
consequences of one's act.
INTENT is the use of a particular means to achieve the desired result. You cannot see intent. It is an
internal state of the mind.
Evidence to prove intent to kill in crimes against persons may consist, inter alia, in 1) the
means used by the malefactors,
2) the nature, location and number of wounds
sustained by the
victim,
3) the conduct of the malefactors before, at
the time, or immediately after the killing of
the victim,
4) the circumstances under which the crime
was committed and,
5) the motives
of the accused.
If the victim dies as a result of a deliberate act of the malefactors, intent to kill is presumed.
In Rivera v. People, of intent to kill: 1) the means used by the malefactors; 2) the nature, location,
and number of wounds sustained by the victim; 3) the conduct of the malefactors before, during, or
immediately after the killing of the victim; and 4) the circumstances under which the crime was
committed and the motives of the accused.
INTENT v MOTIVE
I: use of a particular means to achieve a desired result; a material element in determining the
criminal liability of the accused; established/proven by the overt act of the offender or by the means
employed
M: moving power which impels a person to do a specific act to achieve the desired result, therefor it is
the reason behind intent; immaterial to determine the criminal liability of the offender; established by
the acts/statements made by the accused prior to or immediately after the commission of the crime
2. Fault/culpa/culpable felony- when the wrongful act results from imprudence, negligence, lack of
foresight or lack of skill
Elements: 1) Criminal negligence
2) Freedom of action 3) Intelligence
Proximate Cause Doctrine (PCD) By any person committing a felony (delito) although the wrongful
act done be different from that which he intended.
Elements (Garcia v. People)
1. The intended act is a felonious act
2. The resulting act is a
felony
3. The resulting act is the direct, natural and logical consequence of the felonious act of the
offender
PROXIMATE CAUSE (PC) - the cause that sets in to motion all other causes and which unbroken by
efficient intervening cause produces the felony without which the felony would have not been
committed. Therefore, for one to be criminally liable under the PCD, it is necessary that the felonious
act and the resulting felony must not be broken by any efficient intervening cause. No efficient or
supervening intervening cause must have broken the causal connection between the felonious act of
the offender and the resulting felony.
EFFICIENT INTERVENING CAUSE (EIC) - an active force which is a distinct act absolutely foreign
from the felonious act of the offender. Therefore, in order that an act is considered an EIC, it is
necessary that it is totally foreign from the felonious act that is performed by the offender.
3 SITUATIONS WHEREIN A PERSON BECOMES CRIMINALLY LIABLE FOR THE RESULTING
FELONY ALTHOUGH DIFFERENT FROM THAT WHICH HE INTENDED:
1. Abberatio Ictus - mistake in the blow
A situation wherein the offender directed a blow at his
intended victim but because of poor aim, the blow landed on another victim.
2. Error in Personae - mistake in the identity
It is a situation wherein the victim actually received
the bullet but he was mistaken to be the intended victim. The intended victim was not at the scene of
the crime.
Effects: it depends
1. If there is variance in the penalty between the intended and actual crime
committed, mitigating. The penalty for the lesser crime must be imposed (Art. 49).
2. If none, no effect on the criminal liability of the offender, such as when the crimes differ (in name)
but the penalties are the same.
3. Prater Intentionem - when the consequence went beyond the intention; injurious result is
greater than that intended. It is a situation wherein the offender directed the blow at his actual
victim, the victim received the blow. However, the injurious result is far greater than what is intended
by the victim.
Impossible Crime Doctrine (ICD) By any person performing an act which would be an offense
against persons or property, were it not for the inherent impossibility of its accomplishment or an
account of the employment of inadequate or ineffectual means;
One where the act would have amounted to a crime against persons or property but it is not
accomplished because of its inherent impossibility or because of the employment of inadequate or
ineffectual means. The penalty of IC is only arresto mayor or a fine of P200-P500 depending on the
criminality or dangerousness of the offender.
Elements for a person to be liable of IC
1. That the act done would have been an offense against
persons or property
2. That the act was done with evil intent
3. That the act was not accomplished
because of its inherent impossibility or the employment of inadequate or ineffectual means 4. That the
act done should not constitute any other violation of the RPC
b) Physical and Factual Impossibility - when an extraneous circumstance unknown to the offender
prevented the consignation of the crime. Here, there are circumstances unknown to the offender, the
inadequate control of the offender which prevented the consignation of the crime.
A felony is consummated when all the elements necessary for its execution and accomplishment
are present;
frustrated when the offender performs all the acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it by reason of causes independent of the will
of the perpetrator.
attempt when the offender commences the commission of a felony directly by overt acts, and does
not perform all the acts of execution which should produce the felony by reason of some cause or
accident other than this (3)own spontaneous desistance.
E (People v. Lizada):
INDETERMINATE OFFENSE - the OA of a person in relation to the intended felony is ambiguous.
Mistake of Fact
1. That the act done would have been lawful and justifiable had the facts been as the accused
believed them to be
2. That the intention of the accused in doing the act must be lawful
3. That the mistake must be without fault, negligence, careless on the part of the offender
Art. 7. When light felonies are punishable. — Light felonies are punishable only when they
have been consummated, with the exception of those committed against person or property.
Art. 8. Conspiracy and proposal to commit felony. — Conspiracy and proposal to commit felony
are punishable only in the cases in which the law specially provides a penalty therefor.
A conspiracy exists when two or more persons come to an agreement concerning the commission of
a felony and decide to commit it. (means)
There is proposal when the person who has decided to commit a felony proposes its execution to
some other person or persons.
GR: Conspirators are liable only for the crime agreed upon. They are not liable for any crime which is
not agreed upon.
Exp: 1. When the other crime was committed in the presence of the other conspirators and they did
not perform acts to prevent its commission. 2. When the other crime committed was the natural
consequence of the crime agreed upon. 3. When the resulting crime is a composite crime or a special
complex crime or a single indivisible complex crime.
Conspiracy is established by the presence of two factors: 1) singularity of intent;and
2) unity in
execution of an unlawful objective.
The two must concur.
Art. 9. Grave felonies, less grave felonies and light felonies. — Grave felonies are those to which
the law attaches the capital punishment or penalties which in any of their periods are afflictive, in
accordance with Art. 25 of this Code.
Less grave felonies are those which the law punishes with penalties which in their maximum period
are correctional, in accordance with the above-mentioned Art..
Light felonies are those infractions of law for the commission of which a penalty of arrest menor or a
fine not exceeding 200 pesos or both; is provided.
Art. 11. Justifying circumstances. — The following do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights, provided that the following
circumstances concur;
First. Unlawful aggression.
must come from the victim. The person attacked by the person
defending himself; present if the attack is material, actual and places the life of the accused in
imminent and immediate danger. It must not only be a threat. It must be present, about to happen.
Elements of unlawful aggression (People v. Fontanilla): (note put in box)
(a) There must be a
physical or material attack or assault; (b) The attack or assault must be actual or at least
imminent.
(c) the attack or assault must be unlawful.
Second. Reasonable necessity of the means employed to prevent or repel it. (rational
equality)
Factors to be considered in order to be said that the means employed is rationally
necessary:
(a) Nature and the number of the weapon used by the aggressor
(b) Physical condition, size, weight and other personal circumstances of the aggressor versus that of
the person defending himself
(c) Place and location of the assault
Third. Lack of sufficient provocation on the part of the person defending himself.
PROVOCATION - refers to any immoral act or conduct, unjustified act or conduct which stirs a
person to do wrong.
SUFFICIENT PROVOCATION - adequate to stir a person to do the wrongful act and when it is
proportionate to the gravity of the act
Circumstances where there is no sufficient provocation on the part of the person defending
himself:
1. When no provocation at all was given
2. When although provocation was given, it was not
sufficient
3. When although the provocation was sufficient, it did not come from the person
defending himself 4. When although provocation came from the person defending himself, it is not
immediate or imminent to the aggression.
2. Anyone who acts in defense of the person or rights of his spouse, ascendants, descendants, or
legitimate, natural or adopted brothers or sisters, or his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree, provided that the first and second requisites
prescribed in the next preceding circumstance are present, and the further requisite, in case the
revocation was given by the person attacked, that the one making defense had no part therein.
Elements: 1. Unlawful aggression; 2. Reasonable necessity of the means employed
to prevent or
repel it;
3. In case the provocation was given by the
person attacked, the one making the defense had no
part therein.
3. Anyone who acts in defense of the person or rights of a stranger, provided that the first and
second requisites mentioned in the first circumstance of this Art. are present and that the person
defending be not induced by revenge, resentment, or other evil motive.
Elements:
1. Unlawful aggression; 2. Reasonable necessity of the means employed to prevent or
repel the attack; 3. The person defending be not induced by revenge, resentment, or ill motive.
4. Any person who, in order to avoid an evil or injury, does not act which causes damage to another,
provided that the following requisites are present;
State of Necessity First. That the evil sought to be avoided actually exists;
Second. That the injury
feared be greater than that done to avoid it; Third. That there be no other practical and less harmful
means of preventing it.
XPN: State of necessity. There is no criminal liability but there is civil liability- borne not only by the
accused, but all those people who benefitted in this state of emergency.
5. Any person who acts in the fulfillment of a duty or in the lawful exercise of a right or office.
Elements of Par. 5, Art. 11: 1. Accused acted in the performance of a
duty or in the lawful exercise
of a right
or office. 2. Injury caused or offense committed be
the necessary consequence of the
due performance of duty or the lawful exercise of such right or office.
6. Any person who acts in obedience to an order issued by a superior for some lawful purpose.
Elements of Par. 6, Art. 11: 1. An order has been issued by a superior 2. Such order must be for
some lawful
purpose 3.Means used by the subordinate to carry
out said order is lawful
Anti-Violence against Women and their Children Act of 2004 (R.A. 9262)
Victim-survivors who are found by the court to be suffering from battered woman syndrome do not
incur any criminal and civil liability notwithstanding the absence of any of the elements for justifying
circumstance of self-defense under the RPC.
2 & 3. Minority
RA 9344 Sec. 6. Minimum age of criminal responsibility. – A child fifteen (15) years of age or under
at the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability,
which shall be enforced in accordance with existing laws
Discernment is that mental capacity of a minor to fully appreciate the consequences of his unlawful
act. Such capacity may be known and should be determined by taking into consideration all the facts
and circumstances afforded by the records in each case.
4. Accident: Any person who, while performing a lawful act with due care, causes an injury by mere
accident without fault or intention of causing it.
Elements (People v. Dela Cruz): 1. A person is performing a lawful act, 2. He was performing the
lawful act with
due care,
3. He causes injury to another by mere
accident; 4. The injury is
without fault or intent on
the part of the offender
MITIGATING CIRCUMSTANCES –
acted with the diminution of any of the elements of voluntariness. There is a diminution on criminal
intent, freedom of action or intelligence.
Ordincary MC v Privileged MC
O: May be offset by generic aggravating circumstances; If not offset, lowers the imposable penalty to
its minimum period, [provided the penalty is divisible]
P: Can never be offset by any aggravating circumstance; Reduces the imposable penalty by one or
two degrees depending on the rules on Arts. 68 & 69 (takes preference)
1. Those mentioned in the preceding chapter, when all the requisites necessary to justify or to exempt
from criminal liability in the respective cases are not attendant. Inc. J or EC.
Rules: 1. If majority of the elements necessary to
justify the act or to exempt from liability are
present, then it's treated as PMC.
2. If less than the majority is present, then it is
an OMC
which can be offset by a generic AC.
3. If the elements necessary to justify the act or to exempt
from criminal liability is only 2, the
presence of 1 element is already a PMC.
2. AGE. That the offender is under eighteen year of age or over seventy years. In the case of the
minor (PMC), he shall be proceeded against in accordance with the provisions of Art. 80.
3. That the offender had no intention to commit so grave a wrong as that committed. Praeter
Intentionem Elements 1. The offender committed a felony; 2. A notable or notorious disparity
between
the means employed by offender and the resulting felony.
(That is, out of the means
employed by the offender, no one could have anticipated that the resulting felony would come.)
4. That sufficient provocation or threat on the part of the offended party immediately preceded the act.
Elements of Art. 13, Par. 4:
1. The provocation must be sufficient; a. Must be adequate to stir a
person to commit a wrongful act; b. It must be proportionate to the gravity of the crime. 2. The
provocation must originate from the offended party; 3. The provocation must be immediate from the
commission of the criminal act by the person who was provoked.
PROVOCATION is any unjust or immoral act or conduct on the part of the offended party which is
capable of inciting, exciting or irritating another.
5. That the act was committed in the immediate vindication of a grave offense to the one committing
the felony (delito), his spouse, ascendants, or relatives by affinity within the same degrees.
ELEMENTS: 1. There be a grave offense to the one
committing the felony, his spouse, ascendants,
descendants, legitimate, natural, or adopted brothers or sisters, or relatives by affinity within the same
degree; 2. The said act or grave offense must be the proximate cause of the commission of the crime.
6. That of having acted upon an impulse so powerful as naturally to have produced passion or
obfuscation.
Elements: 1. There be an act both unlawful and sufficient to produce passion and obfuscation on the
part of the offender; 2. The commission of the criminal act and the said sudden impulse must not be
far removed from each other by the considerable length of time during which the offender might have
recovered his normal equanimity. (4, 5 &6 based on same facts = 1 MC)
7. That the offender had voluntarily surrendered himself to a person in authority or his agents, or that
he had voluntarily confessed his guilt before the court prior to the presentation of the evidence for the
prosecution;
a. voluntary surrender (People v. Ignas):
Elements: 1. The offender had not actually been
arrested; 2. The offender had surrendered himself to a
person in authority or his agent;
3. The
surrender must be voluntary (spontaneously and unconditionally)
b .Elements of voluntary plea of guilt: 1. That guilt tendered is confessed
spontaneously and
unconditionally; 2. The accused confesses guilt in open court [the competent court that is to try the
case]; 3. The confession was made before the
presentation of the evidence for the prosecution.
8. That the offender is deaf and dumb, blind or otherwise suffering some physical defect which thus
restricts his means of action, defense, or communications with his fellow beings. MC of physical
defect.
9. Such illness of the offender as would diminish the exercise of the will-power of the offender without
however depriving him of the consciousness of his acts.
10. And, finally, any other circumstances of a similar nature and analogous to those above
mentioned.
Aggravating Circumstances
Generic Aggravating Circumstances are those that applies generally to all crimes. (nighttime &
recidivism)
Specific Aggravating Circumstances are those that apply only to certain or particular
crimes.
(treachery)
Inherent Aggravating Circumstance are those which of necessity follow the commission of the
crime because they are considered as elements in the commission of the crime, therefore they are
considered inherent in the commission of the crime.
Qualifying Aggravating Circumstances are those which either change the nature of the crime to
bring about a more serious for a higher penalty or even without changing the nature of the crime it
would impose a higher penalty.
Special Aggravating Circumstances Provides for the imposition of the maximum penalty prescribed
by law; hence it cannot be offset by any mitigating circumstance.
2. That the crime be committed in contempt or with insult to the public authorities.
Elements of Art. 14, Par. 2: 1. That the public officer or public authority
is engaged in the exercise
of his function;
2. That the public authority is not the person against whom the crime is committed;
3. That the offender knows him to be a public authority; 4. That the presence of the public authority
did not prevent the offender from the commission of the crime.
3. That the act be committed with insult or in disregard 1. Rank, 2. Age 3. Sex 4. Crime
committed in dwelling of offended part- can be appreciated singly or collectively if present in the
commission of the crime.
Disregard of rank, disregard of age and disregard of sex only considered in crimes against persons
and crimes against chastity.
Disregard of age
Age here refers to both minority and seniority; treachery absorbs… because it
absorbs disrespect of age.
Disrespect of sex
Disrespect of sex refers to the female sex. This is inherent in the crime of rape
and in certain crimes involving chastity.
Instances when dwelling is not considered an AC even if the crime was committed in a
dwelling: 1. When the offended party has given provocation; 2. if the offender and the offended party
are living in the same dwelling; 3. When dwelling is inherent in the commission of the crime.
5. That the crime be committed in the 1. palace of the Chief Executive, or in his 2. presence, or
where public authorities are engaged in the discharge of their duties or in a place dedicated to
religious worship. –
- necessary that the offender deliberately sought the said place to commit the crime.
Requisites of place where public authorities are engaged in the discharge of their duties: 1.
The place is where public authorities are
engaged in the discharge of their duties;
2. The public
authorities are actually engaged
in the discharge of the performance of their duties.
6. That the crime be committed at the nighttime or in an uninhabited place, or by a band, whenever
such circumstances may facilitate the commission of the crime.
Requisites of nighttime: 1. The offender deliberately took advantage of
nighttime or cover of
darkness;
2. The purpose of the offender is to facilitate
the commission of the crime or to insure
or afford impunity.
Requisites of an uninhabited place: 1. That in the place where the crime was committed there was
a remote possibility
for the victim to receive some help; 2. That the offender deliberately sought the
uninhabited place in order to facilitate the commission of the crime.
Whenever more than three armed malefactors shall have acted together in the commission of the
offense, it shall be deemed to have been committed by a band.
7. That the crime be committed on the occasion of a conflagration, shipwreck, earthquake, epidemic,
or other calamity or misfortune.
8. That the crime be committed with the aid (direct or indirect) of armed men or persons who
insure or afford impunity.
Recidivism (Art. 14, Par. 9);
Reiteracion/Habituality (Art. 14, Par. 10); Habitual Delinquency
(Art. 62.);
Quasi-Recidivism (Art. 160).
9. That the accused is a recidivist.
A recidivist is one whom at the time of his trial for one crime,
shall have previously been convicted by final judgment of another crime embraced in the same title of
this Code.
Requisites of Recidivism: 1. That the offender is on trial for an offense; 2. That he was previously
convicted by final
judgment of another crime; 3. That both the first and second offenses are
embraced in the same title of the RPC; 4. That the offender is convicted of the
second offense
charged.
R v HDR: At least two convictions; Crimes are under the same title of the RPC; No prescriptive period
on the commission of the offense; it does not prescribe; Generic AC, may be offset.
HD: At least three convictions; Serious physical injuries, less serious physical injuries, robbery, theft,
falsification; Prescriptive period of 10 years; Cannot be offset by MCs; it provides for an additional
penalty.
R v QR R: There must be at least two convictions; The crimes must be embraced in the same title of
the Code,
QR: Likewise there must be two convictions (first by final judgment and second for the second crime
that he has committed); No such requisite, only that the second crime must be a felony
10. That the offender has been previously punished for an offense to which the law attaches
an equal or greater penalty or for two or more crimes to which it attaches a lighter penalty.
Elements of reiteracion: 1. That the accused is on trial for an offense; 2. That at the time of the trial
he previously
served sentence for another crime to which the law attaches an equal or greater
penalty or for two or more crimes to which it attaches a lighter penalty; 3. That he is also convicted of
the new offense.
Elements of habitual delinquency: 1. The crimes the offender committed should
be serious
physical injuries, less serious physical injuries, robbery, theft, estafa, and falsification;
2. There
should be at least three convictions 3. Each convictions must come within ten year from date of
release or last conviction
of the previous crime.
QUASI-RECIDIVISM (Art. 160): a Special AC.
A quasi-recidivist is a person, who after having been
convicted by final judgment, commits a felony before serving out his sentence. The maximum period
shall be imposed.
The first crime may be any crime, but the second must be a felony.
12.That the crime be committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by the use of any other
artifice involving great waste and ruin.
13.That the act be committed with evident premeditation. EP is the stubborn adherence to a
decision to commit a crime. It implies a deliberate plan before or after the commission of the crime.
Requisites of evident premeditation: 1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; 3. Sufficient lapse of
time between the
determination and execution, to allow him to reflect upon the consequences of his
acts.
15. That advantage be taken of superior strength, or means be employed to weaken the
defense.
Requisites of Abuse of Superior Strength (ASS): 1. That there be a notorious inequality of forces
between the offender and the offended party in terms of their age, size and strength;
2. That the
offender took advantage of this inequality of forces to facilitate the commission of the crime.
16. Treachery (alevosia) - There is treachery when the offender commits any of the crimes against
the person, employing means, methods, or forms in the execution thereof which tend directly and
specially to insure its execution, without risk to himself arising from the defense which the offended
party might make.
-essence is the suddenness and unexpectedness of the act to unexpecting and unarmed victim who
has not given the slightest provocation; victim must be totally without defense. Elements 1. That the
offender deliberately adopted the
particular means, method or form of attack
employed by him;
2. That at the time of the attack, the victim
was not in a position to defend himself.
17. That means be employed or circumstnaces brought about which add ignominy to the
natural effects of the act.
Ignominy: a moral circumstance which adds to the injury suffered by the victim. It is humiliation,
embarrassment, moral killing; moral order, which adds disgrace to the material injury caused by
the crime. Ignominy adds insult to injury or adds shame to the natural effects of the crime. Ignominy
shocks the moral conscience of man
18. That the crime be committed after an unlawful entry. There is an unlawful entry when an
entrance is effected by a way not intended for the purpose. unlawful entry is inherent in the
crimes of trespass to dwelling & robbery with force upon things. But it is aggravating in the crime of
robbery with violence against or in intimidation of persons
19. That as a means to the commission of a crime a wall, roof, floor, door, or window be
broken.
UE: Presupposes that there is no breaking as by entry through the window.
BW: Involves the breaking of the enumerated parts of the house.
20. That the crime be committed with the aid of persons under fifteen years of age or by
means of motor vehicles, motorized watercraft, airships, or other similar means. (As amended
by RA 5438).
21. That the wrong done in the commission of the crime be deliberately augmented by causing other
wrong not necessary for its commission.
Elements of Cruelty (Art. 14, Par. 21):
1. That at the time of the infliction of the physical pain, the
offended party is still alive.
2. That the offender enjoys and delights in seeing his victim suffer
gradually by the infliction of the physical pain.
Ignominy v Cruelty
I: Victim suffered moral pain; The victim can either be alive or dead.
C: Victim suffered physical pain or physical suffering; Necessary that the victim is alive.
Alternative Circumstances - are those circumstances which can either be aggravating or mitigating,
depending on their effect in commission of the crime.
Three Alternative Circumstances [RIDe]: 1. Relationship;
2. Intoxication;
3. Degree of Instruction or
Education
Relationship
Is considered as an alternative circumstance when the offender is related to the
offended party as his spouse, ascendants, descendants, legitimate, illegitimate, natural, adopted
brothers, sisters or relatives by affinity within the same degree. MC - In crimes against property; EC -
theft, estafa or swindling and malicious mischief
In crimes against persons, relationship is mitigating if the offender is of a higher degree than that of
the offended party, and the crime committed is less physical injury, or slight physical injury. If the
crime committed is serious physical injury, it's always an aggravating circumstance.
Intoxication- When the offender has taken such amount of liquor of sufficient quantity as to affect his
mental capacity to determine the consequences of his act.
MC- not habitual or subsequent to the plan to commit the felony AC - habitual or it is done
subsequent to the commission of a crime. The offender deliberately takes liquor because he used it
as a stimulant for him to commit the crime. He was so nervous he cannot commit the crime, so he
takes liquor form him to have the strength to commit the crime.
Degree of Instruction and Education
As a rule: a low degree of education or instruction is
considered as a mitigating circumstance. Exception: if the crime committed is inherently evil or wrong.
A high degree of education is considered as an aggravating circumstance, if the offender makes use
of his high degree of education in facilitating the commission of the crime.
Absolutory Causes Are those circumstances which have the effect of exempting a person from
criminal liability but not from civil liability, but which are outside Article 12. - Mistake of fact,
Instigation, Accessories in Light felonies.
Instigation as an absolutory cause.
In instigation, the mens rea/evil intent originated from the
mind of the public officer who only lured the offender to commit the crime. On other hand,
entrapment is not an absolutory cause because entrapment refers to ways and means resorted to
by the public officer in order to trap and capture a criminal in flagrante delicto. Here, the mens rea
originated from the mind of the offender.
Principals:
1. Those who take a direct part in the execution of the act; D. Participation
3.Those who cooperate in the commission of the offense by another act without which it would not
have been accomplished. (Indispensable Cooperation) - a conspiracy or unity in criminal purpose
and cooperation in the commission of the offense
Art. 18. Accomplices. — Accomplices are those persons who, not being included in Art. 17,
cooperate in the execution of the offense by previous or simultaneous acts.
Requisites:
1. There must be community of design;
After the principals have [formed] the criminal design, the
accomplice had been informed of the criminal design of the offender and having been informed, he
concurs with the said criminal design. He is not part of the conspiracy but he knows and concurs with
the design because he was informed of the same only after the principal had come up with
agreement.
2. That he performs the acts previous or simultaneous to the commission of the crime; and
3. That the acts performed by the principal is related to the acts performed by the
Art. 19. Accessories. — Accessories are those who, having knowledge of the commission of the
crime, and without having participated therein, either as principals or accomplices, take part
subsequent to its commission in any of the following manners:
1. By profiting themselves or assisting the offender to profit by the effects of the crime;
2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to
prevent its discovery.
(SUBSTANCE) CORPUS DELICTI: PROOF OF OCCURRENCE AND
CRIMINAL’S LIABILITY
3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the
accessory acts with abuse of his public functions or whenever the author of the crime is guilty of
treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known to be
habitually guilty of some other.
Elements of fencing: 1) a robbery or theft has been committed;
2) the accused, who took no part
in the
robbery or theft, "buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or
buys and sells, or in any manner deals in any article or object taken" during that robbery or theft;
3) the accused knows or should have known that the thing derived from that crime; and
4) he
intends by the deal he makes to gain for himself or for another.
A fence includes any person, firm, association, corporation or partnership or other organization
who/which commits the act of fencing.
Fencing" is the 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, or shall buy and sell, or in any other manner deal
in any article, item, object or anything of value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or theft.
RP V IL
RP: Imposed in violation of the RPC; Carries a fixed duration: 20 to 40 years; Carries with it
accessory penalties.
IL: Imposed in violation of special penal laws; No fixed duration; Does not carry accessory penalties.
Art. 30. Effects of the penalties of perpetual or temporary absolute disqualification. — The
penalties of perpetual or temporary absolute disqualification for public office shall produce the
following effects:
1. The deprivation of the public offices and employments which the offender may have held, even if
conferred by popular election.
2. The deprivation of the right to vote in any election for any popular office or to be elected to such
office.
3. The disqualification for the offices or public employments and for the exercise of any of the rights
mentioned.
In case of temporary disqualification, such disqualification as is comprised in paragraphs
2 and 3 of this article shall last during the term of the sentence.
4. The loss of all rights to retirement pay or other pension for any office formerly held.
Art. 31. Effect of the penalties of perpetual or temporary special disqualification. — The
penalties of perpetual or temporal special disqualification for public office, profession or calling shall
produce the following effects:
1. The deprivation of the office, employment, profession or calling affected;
2. The disqualification for holding similar offices or employments either perpetually or during the term
of the sentence according to the extent of such disqualification.
Art. 32. Effect of the penalties of perpetual or temporary special disqualification for the
exercise of the right of suffrage. — The perpetual or temporary special disqualification for the
exercise of the right of suffrage shall deprive the offender perpetually or during the term of the
sentence, according to the nature of said penalty, of the right to vote in any popular election for any
public office or to be elected to such office. Moreover, the offender shall not be permitted to
hold any public office during the period of his disqualification.
Art. 33. Effects of the penalties of suspension from any public office, profession or calling, or
the right of suffrage. — The suspension from public office, profession or calling, and the
exercise of the right of suffrage shall disqualify the offender from holding such office or exercising
such profession or calling or right of suffrage during the term of the sentence.
The person suspended from holding public office shall not hold another having similar functions
during the period of his suspension.
Art. 87: Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or
places designated in the sentence, nor within the radius therein specified, which shall be not more
than 250 and not less than 25 kilometers from the place designated.
PADis v TADis
P; Effective during the lifetime of the convict and even after the service of the sentence.
T: Disqualification lasts during the term of the sentence, and is removed after the service of the
sentence, except: 1.Deprivation of the public office/employment; 2. Loss of all rights to retirement
pay or pension for any office formerly held.
Fine A pecuniary penalty which is imposed by the court in case of the judgment of conviction. Instead
of imprisonment, the penalty imposed is fine.
Art. 35. Effects of bond to keep the peace. — It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient sureties who shall undertake that such person will
not commit the offense sought to be prevented, and that in case such offense be committed they will
pay the amount determined by the court in the judgment, or otherwise to deposit such amount in the
office of the clerk of the court to guarantee said undertaking.
Art. 34: Civil interdiction shall deprive the offender during the time of his sentence of the
rights of:
1. parental authority, 2. guardianship, either as to the person or property of any ward,
marital authority,
4. the right to manage his property and
5. the right to dispose his property by any
act or any conveyance inter vivos.
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. — Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds of the
crime and the instruments or tools with which it was committed.
GR: The proceeds and instruments of the crime are forfeited in favor of the government.
XPN:
Unless they belong to a 3rd person who is not a party to the crime.
XPN to XPN: if the articles
are outside the lawful commerce of man.
Art. 29. Period of preventive imprisonment deducted from term of imprisonment. – Offenders or
accused who have undergone preventive imprisonment shall be credited in the service of their
sentence consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment if detention prisoner agrees voluntarily in writing after being informed of the
effects thereof and with the assistance of counsel to abide by the same disciplinary rules imposed
upon convicted prisoners, except:
1. recidivists; 2. When summoned for execution of sentence have failed to durrender voluntarily
If detention prisoner does not agree he shall do so in writing with assistance of counsel and shall be
credited four fifths of time. Credit for RP shall be deducted from 30 yrs.
Undergone PI for a period equal to the possible maximum imprisonment of the offense charged –
released immediately
Art. 38. Pecuniary liabilities; Order of payment. — In case the property of the offender should not
be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the following
order: 1. The reparation of the damage caused. 2. Indemnification of consequential damages 3. The
fine. 4. The cost of the proceedings.
P. Liab v P. Penalties
L: Conviction but not as penalty; 4 ; P: Conviction as P Fine & payment of cost
Rules: (39)
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall remain under
confinement until his fine referred to in the preceding paragraph is satisfied, but his subsidiary
imprisonment shall not exceed one-third of the term of the sentence, and in no case shall it continue
for more than one year, and no fraction or part of a day shall be counted against the prisoner.
2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not exceed six
months, if the culprit shall have been prosecuted for a grave or less grave felony, and shall not exceed
fifteen days, if for a light felony. 3. When the principal imposed is higher than prision correccional, no
subsidiary imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal institution, but such
penalty is of fixed duration, the convict, during the period of time established in the preceding rules,
shall continue to suffer the same deprivations as those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his insolvency
shall not relieve him, from the fine in case his financial circumstances should improve. (As amended by
RA 5465, April 21, 1969).
Robbery with homicide - A was robbing the house, in course of robbery the owner of house was
awaken, he shot the owner, Art. 294: reclusion perpetua to death,
b) Kidnapping with homicide- A kidnapped B, when b is trying to escape he shot B. Law provides for
specific penalty which is death
c) Rape with homicide - A raped B, after raping he killed B. Art 266B – reclusion perpetua to death if
in occasion of rape, homicide is committed.
d) Attempted Rape with Homicide- There is an attempt to rape the victim. In the course thereof, he
killed the victim;
Spcl CC: Law provides what offense which should be complexed; The law provides for the specific
penalty for the combined crimes; If a light felony is committed, generally, it is absorbed by the said
special complex crime.
CC: Two or more grave or less grave offense, or an offense is a necessary means to commit the
other; The penalty for the most serious offense is imposed in the maximum period; If a light felony is
committed, generally, it brings about a separate and distinct charge.
Degree of penalty Is a penalty prescribed by law for every crime committed whether divisible or
indivisible.
Period of penalty Refers to the subdivision of every said divisible penalty into three portions, the first
portion is minimum, second is medium, third is maximum
Indivisible penalty - penalty with no fixed duration:
death,
reclusion perpetua, perpetual
absolute disqualification, perpetual special disqualification,
Divisible penalty - penalty with fixed duration and therefore can be divided into three periods. The
first portion is minimum, second is medium, and third is maximum.
Indeterminate Sentence Law (RA 4103)
modifies the imposition of penalty. It is applied both to RPC and special laws. It provides for a
minimum and max term, such that the moment the offender serves the minimum of the sentence, he
shall be eligible for parole. If granted, he will serve the remainder of the sentence out of prison, but
subject to the supervision of the parole officer.
The ISLAW is related to Art. 64 of the RPC.
Courts are mandated to fix a minimum term of sentence and maximum term of sentence. When he
served minimum, he can be release for parole under conditions. Under parole he is released but
under supervision of parole officer.
Objectives of ISLAW: 1. Uplift and redeem valuable human material,
and 2. Avoid unnecessary
and excessive deprivation
of liberty.
Parole - conditional release of the offender form the correctional institution after serving minimum
sentence after showing that he has reformed. Note it does not extinguish criminal and civil liability.
Requisites 1. He must be placed in prison/jail to serve an indeterminate sentence which exceeds 1
year; 2. Served minimum term of sentence; 3. Board of pardons and parole found that his
release is
for greater interest of society.
ISL applies to all offenders and all felonies.
This act shall not apply to persons: 1. Convicted of offenses punished by death or life
imprisonment (reclusion perpetua is included,
based on jurisprudence);
2. Those convicted of treason, conspiracy or proposal to commit treason, misprision of treason,
rebellion, sedition, or espionage, 3. Those convicted of piracy, 4. Those who are habitual delinquents,
Recidivists are entitled to an indeterminate sentence
5. Those who shall have escaped from
confinement or evaded sentence.
NOTE: A minor who escaped from confinement in the reformatory
is entitled to the benefits of the law because confinement is not considered imprisonment 6. Those
who having been granted conditional pardon by the President shall have violated the terms thereof. 7.
Those whose maximum period of imprisonment does not exceed one year.
PROBATION- disposition by which a convict after conviction and sentence is released subject to the
conditions imposed by the court under the supervision of a probation officer.
No application shall be entertained or granted if the defendant has perfected the appeal from the
judgment of conviction. Provided, that when a judgment of conviction imposing a non-probationable
penalty is appealed or reviewed, and such judgment is modified thorugh the imposition of a
probationable penalty, the defendant shall be allowed to apply based on the modified decision before
such decision becomes final.
This notwithstanding, the accused shall lose the benefit of probation should he seek a review of the
modified decision which already imposes a probationable penalty.
The filing of the application shall be deemed a waiver of the right to appeal.
DISQUALIFIED TO AVAIL OF PROBATION (Sec. 9, as amended by RA 10707, and other laws):
1. Those whose maximum term of imprisonment
is more than 6 years,
2. those who have been convicted of any crime
against national security,
3.Those who have previously been convicted by final judgment of an offense punished by
imprisonment of more than six (6) months and one (1) day and/or a fine of more than one
thousand pesos (P1,000.00)
4. those who have already availed the benefit of probation
5. those who have perfected an appeal from judgment of conviction [which imposes a probationable
penalty. If the conviction was for a non-probationable penalty, and the convict appeals, resulting to
the modification of judgment imposing a probationable penalty, the convict may now apply for
probation. SEE RA 10707]
6. those convicted of an election offense under the Omnibus Election Code
7. Those convicted of drug trafficking or drug pushing,
8. Those who filed a malicious report that a person is committing a violation of Anti- money laundering
law and was convicted because of such malicious filing.
APPLICATION FOR PROBATION (See also Sec. 4 as amended by RA 10707):
Filed before the
Trial Court which heard the case within the period of perfecting an appeal or within 15 days from
promulgation of judgment.
No application for probation shall be entertained when the offender has already perfected an appeal.
Likewise, the filing of an application for probation shall be a waiver of the right to file an appeal.
EXCEPTIONS TO RULE THAT APPEAL PREVENTS PROBATION:
1. If the appeal is only for the purpose of reducing the penalty to a probationable penalty. That the
only reason for appealing is to question the high penalty imposed. However, if in the said appeal, the
offender questions the merits of the case, he can no longer apply for probation
2. Under the Juvenile Justice and Welfare Act, if the offender is a minor he can file an
application for probation at any time even if after appeal. It is only necessary that the penalty
imposed upon him is a probationable penalty.
CONDITIONS IMPOSED UPON OFFENDER UNDER PROBATION:
1. MANDATORY
a. Appear before the probationary officer within 72 hours from the receipt of the order. b. Report once
a month
2. DISCRETIONARY/ SPECIAL Dependent upon the sound discretion of the court.
Sentence / Period of probation:
Imp not more than 1 yr / not exceed 2yrs
In all cases of Imp – not exceed 6 yrs
Fine & only subsidiary imp - Not less than nor be more than 2x than the total number of days of
subsidiary imprisonment, taking into account the highest minimum wage rate at the time of the
rendition of the judgment.
LEGAL EFFECT OF PROBATION: Its only legal effect is to suspend the execution of the sentence.
It has nothing to do, and has no effect, on civil liability.
EFFECT OF AN ORDER OF FINAL DISCHARGE OF PROBATION (Sec. 16, as amended): 1.
Restore the civil rights lost or suspended by
reason of conviction, including the penalty of
fine,
and
2. Totally extinguish the criminal liability for the
crime he committed (RA 10707).
But, the
offender should still pay the civil indemnity to the offended party.
Successive Service of Sentence & 3F Rules
Art. 70, the convict shall serve a sentence, as rule, simultaneously. If the nature of the penalty
allows simultaneous service of sentence.
And what penalties allows simultaneous sentence? Improvementandfine
Imprisonment and
suspension
Imprisonment and public censure
He shall serve them successively as provided for under Art. 70.
THREE-FOLD RULE – limitation on the successive term of sentence. Art. 70 provides that the
maximum duration of sentence shall not exceed three times the length of the most severe penalty
and that in no case shall exceed 40 years.
Graduated Scale
1. Death, Reclusion perpetua, Reclusion temporal,
Prision mayor, Prision correccional,
Arresto
mayor,
Destierro,
Arresto menor,
Public censure,
Fine.
2. Perpetual absolute disqualification,
Temporal absolute disqualification Suspension from public office, the right to vote and be voted for,
the right to follow a profession or calling/ Public censure /Fine.
Art. 72. Preference in the payment of the civil liabilities. The civil liabilities of a person found guilty
of two or more offenses shall be satisfied by following the chronological order of the dates of the
judgments rendered against him, beginning with the first in order of time.
Destierro shall be imposed in the following cases: 1. Death or serious physical injuries is caused
or
are inflicted under exceptional circumstance
(Art. 247), 2. Person fails to give bond for good
behavior in
grave and light threats 3. Concubine's penalty for the crime of
concubinage, 4. When
after reducing the penalty by 1 or more
degrees, destierro is the proper penalty.
Execution of Destierro
a) Convict shall not be permitted to enter the place designated in the
sentence nor within the radius specified: not more than 250KM and not less than 25KM from the
place designated. b) If the convict enters the prohibited area, he commits evasion of sentence.
Art. 89. How criminal liability is totally extinguished. — Criminal liability is totally
extinguished:
1) By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability therefor is extinguished only when the death of the
offender occurs before final judgment.
2) By service of the sentence
3) By amnesty, which completely extinguishes the penalty and all its effects
4) By absolute pardon
5) By prescription of the crime
6) By prescription of the penalty
7) By the marriage of the offended woman, as provided in Art 344 of this Code
AMNESTY is an act of grace from the power entrusted with the execution of the law which does not
only exempt the offender from the service of penalty for the crime committed, but also obliterates the
effects of the crime. It does not only suspend the execution of the sentence. It also obliterates the
effects of the crime.
ABSOLUTE PARDON- act of grace received from the power entrusted with the execution of the law
which exempts the offender from the penalty prescribed by law for the crime committed.
P: Merely suspends the execution of sentence, erases the penalty to be imposed; Granted only after
conviction by final judgment; Private act of President. As such, the person pardoned must plead and
prove it before the courts. No judicial notice of pardon; May be given to all kinds of offenders.
A: Obliterates all effects of crime as if no crime was committed; Granted at any stage of proceedings,
before during or after final judgment; Public act of President. Granted with the concurrence of
Congress. Courts take judicial notice of it;
Generally granted to a class or group of persons who have committed political offenses.
Art 90 – prescription of Crime:
Death RP RT – 20 yrrs
Other afflictive p – 15y
Correctional ex arresto mayor – 10 y
Arresto Mayor – 5y
Libel – 1 yr
Oral D & slander – 6mos
Loght offenses – 2mos
PRESCRIPTION OF PENALTY- loss of the right of the State to execute the final sentence. The
moment the penalty has prescribed, the convict becomes a free man. The state can no longer arrest
him and make him suffer the penalty imposed.
Prescription of Penalties
Death & RP – 20yrs
Other Afflictive P – 15y
Correctional ex Arresto Mayor – 10y
Arresto mayor – 5 yrs
Light penalties – 1yr
Commences to run: Date when convict should evade the service of sentence
Interrupted: Should give himself up, Be captured,
Should go to some foreign
country which the
Phil. Government has no extradition treaty, or Should commit another crime before the expiration of
the period of prescription.
PC v PP
PC: Loss or forfeiture of the right of the State to prosecute; Starts counting upon the discovery of the
commission of the crime; Mere absence from the Philippines interrupts the running of the prescription;
Commission of another crime before the expiration of the prescriptive period does not interrupt
prescription.
PP: Loss or forfeiture of the right of the State to enforce final judgment; Starts counting upon the
escape or evasion of service of sentence; Absence from the Philippines interrupts the period only
when the convict goes to a foreign country without an extradition treaty with the Philippines;
Commission of another crime before the expiration of the period interrupts the prescription.
Art. 94. Partial Extinction of criminal liability. — Criminal liability is extinguished partially: 1. By
conditional pardon; 2. By commutation of the sentence; and 3. For good conduct allowances which
the culprit may earn while he is undergoing preventive imprisonment or serving his sentence. (As
amended by RA 10592)
4. By parole (not in codal)
5. By probation (not codal)
MODES FOR PARTIALLY EXTINGUISHING CRIMINAL LIABILITY 1Conditional Pardon 2
Commutation of sentence
3 Good conduct of allowance
COMMUTATION OF SENTENCE- a new penalty is imposed shall be in lieu of the original sentence.
Ex: death penalty commuted to Reclusion Perpetua. Reclusion Perpetua should now be served
instead of death.
GOOD CONDUCT ALLOWANCE (ART 97 [& 99], as amended by RA 10592)- if the offender has
been behaving properly in prison, the Director of the BuCor, the Chief of BJMP and/or the Jail
Warden shall compute the good conduct allowance in favor of the offender so that he will be
immediately released.
GR: Civil action impliedly instituted in criminal action.
Art. 100: Every person criminally liable is
also civilly liable. For every criminal action filed in court, the civil action for the recovery of civil liability
is deemed impliedly instituted. This is because in the commission of a crime, 2 injuries are inflicted:
Social injury against the State for the disturbance of social order and
2. Personal Injury against the offended party and his heirs.
Requisites to hold Employers subsidiarily liable for crimes of employees: 1 Employer must be
engaged in some kind of
industry 2. Employer and employee relationship 3. Employee committed a
crime in the
exercise of his duties as employee
4. There must be conviction of the crime and the
employee was found insolvent to pay civil indemnity. The moment the employee was found insolvent,
the liability of the employer now becomes absolute. A motion for the issuance of a subsidiary writ of
execution must then be filed by the
complainant.
rt. 104. What is included in civil liability. — The civil liability established in Articles 100, 101,
102, and 103 of this Code includes:
1. Restitution; 2. Reparation of the damage caused;
3.
Indemnification for consequential damage
RESTITUTION- Return of the thing itself, if it can be returned. Even if the thing is in possession of an
innocent purchaser for value without prejudice to the action that the said innocent purchaser may
have against the other person.
Exception: if the innocent purchaser acquired the said property in a public sale. Then, it can no
longer be taken away from him.
REPARATION- If restitution is not possible, we have reparation of damages. The judge shall impose
against the accused payment for the value of the thing together with the special sentimental value to
the owner thereof.
INDEMNIFICATION OF CONSEQUENTIAL DAMAGES - Consists of moral damages, exemplary
damages, and actual damages for the damages incurred by the offended party and/or his heirs.
CRIMES AGAINST FUNDAMENTAL LAWS OF THE STATE
124. ARBITRARY DETENTION (1) Offender is a public officer or employee (vested w/ Au)
(2) He
detains a person (3) Detention is without a legal ground
D - actual confinement of a person in an enclosure, or in any manner
125. DELAY IN THE DELIVERY OF DP (1) O. is a PO OR EE
(2) detains a person for some
legal ground
(3) He fails to deliver such person to the proper judicial authorities within –
(a) 12
hours for light penalties (b) 18 hours for correctional penalties (c) 36 hours for afflictive or capital
penalties
126. DELAYING RELEASE (1) O. is a PO OR EE (2) There is a: (a) Judicial or executive order for
the release of a prisoner or detention prisoner, or
(b) A proceeding upon a petition for the liberation
of such person
(3) Offender without good reason delays –
(a) service of the notice of such order to the prisoner (b)
performance of such judicial or executive order for the release of the prisoner; or
(c) proceedings
upon a petition for the release of such person
127. EXPULSION (1) same (2) He either– (a) Expels any person from the Phi (v. aliens only) ;
(b) Compels a person to change residence
(any) (3) Offender is not authorized to do so by law
128. VIOLATION OF DOMICILE (1) Offender is a public officer or employee (2)
Heisnotauthorizedbyjudicialorder–
(a) Entering any dwelling against the will of the owner (+objection)
(b) Searching papers or other effects found therein without the previous consent of such owner, or
(c) Refusing to leave the premises, after having surreptitiously entered said dwelling and after having
been required to leave the same
134-A COUP D’ETAT 1) Offender is a person or persons belonging to the military or police or
holding any public office or employment;
(2) It is committed by means of a swift attack accompanied by violence, intimidation, threat, strategy
or stealth;
(3) directed against the duly constituted authorities, or any military camp or installation,
communication networks, public utilities or other facilities needed for the exercise and continued
possession of power;
(4) The purpose of the attack is to seize or diminish state power.
135. – PENALTY FOR R/I/C
L: (a) Any person who promotes, maintains or heads a rebellion or insurrection; or
(b) Any person
who leads, directs or commands others to undertake a coup d’état;
P: Any person who: a) participates or executes the commands of others in rebellion or insurrection;
b) in the government service who participates or executes directions or commands of others
c) not in the government service who participates, supports, finances, abets or aids;
d) If under the command of unknown leaders, any person who directed the others, spoke for them,
signed receipts and other documents issued in their name on behalf of the rebels shall be deemed a
leader.
136. – CONSPIRACY & PROPOSAL – C/R/I
PUBLIC DISORDERS
153. TUMULTS AND OTHER DISTURBANCES OF PUBLIC ORDER
1: Causing any serious disturbance in a public place, office or establishment;
2: Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is
not included in Arts. 131 and 132;
3: Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;
4: Displaying placards or emblems which provoke a disturbance of public order in such place;
5: Burying with pomp the body of a person who has been legally executed.
156 – DELIVERING PRISONERS FROM JAIL (1) There is a person confined in a jail or penal
establishment; (2) Offender removes therefrom such person, or helps the escape of such (he has
custody – 223: infidelity in the custody)
157 – EVASION OF SERVICE OF SENTENCE (1) Off - convict by final judgment;
(2) He is
serving sentence - deprivation of liberty; (3) He evades service of his sentence by escaping during
the term of his imprisonment.
Qualifying circumstances:(a) By means of unlawful entry (this should be “by scaling);
(b) By
breaking doors, windows, gates, walls, roofs or floors;
(c) By using picklock, false keys, disguise,
deceit, violence or intimidation; or
(d) Through connivance with other convicts or employees of the
penal institution.
160 – QUASI-RECIDIVISM E: (1) Offender was already convicted by final judgment of one offense;
(2) He committed a new felony before beginning to serve such sentence or while serving the same.
161: Counterfeiting the Great Seal of the Government of the Philippine Islands, Forging the
Signature or Stamp of the Chief Executive
(FORGER)
(1) Great Seal of the Government of the Philippines; (2) Signature of the President; (3) Stamp of the
President.
162: Using Forged Signature or Counterfeit Seal or Stamp (Seal was Counterfeited or Stamp of
CE; offender knew; he used it)
163: Making and Importing and Uttering False Coins (1) There be false or counterfeited coins; (2)
Offender either made, imported or uttered such coins; (3) In case of uttering such false or
counterfeited coins, he connived with the counterfeiters or importers.
164: Mutilation of Coins
(1) Mutilating coins of the legal currency, with the further requirement that
there be intent to damage or to defraud another; (2) Importing or uttering such mutilated coins, with
the further requirement that there must be connivance with the mutilator or importer in case of
uttering.
PD 247 Prohibiting and Penalizing Defacement, Mutilation, Tearing, Burning or Destruction of Central
Bank Notes and Coins
166: Forging Treasury or Bank Notes or Other Documents Payable to Bearer; Importing and
Uttering Such False or Forged Notes and Documents
(1) Forging or falsification of treasury or bank notes or other documents payable to bearer;
(2) Importation of such false or forged obligations or notes;
(3) Uttering of such false or forged obligations or notes in connivance with the forgers or importers.
E: (a) There is an instrument payable to order or other document of credit not payable to bearer;
(b) Offender either forged, imported or uttered such instrument; (c) In case of uttering, he connived
with the forger or importer.
ACTS OF FORGERY
168 – ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
E: (1) Any treasury or bank note or certificate or other obligation and security:
(a) Payable to bearer, or any instrument payable to order or other document of credit not payable to
bearer is
(b) Forged or falsified by another person;
(2) Offender knows that any of instruments is forged or falsified;
(3) He either– (a) Uses any of such forged or falsified instruments; or (b) Possesses with intent to use
any of such forged or falsified instruments
“Forging” – By giving any treasury or bank note, or any instrument payable to bearer, or to order the
appearance of a true and genuine document.
“Falsification” – By erasing, substituting, counterfeiting or altering by any means, the figures, letters,
words, or signs contained therein; any acts in 171
170 – FALSIFICATION OF LEGISLATIVE DOCUMENTS
E: (1) There is a bill, resolution or ordinance enacted or approved or pending approval by either
House of the Legislature or any provincial board or municipal council; (2) Offender alters the same;
(3) He has no proper authority therefor; (4) The alteration has changed the meaning of the
documents.
175 – USING FALSE CERTIFICATES (1) same with 174 (2) Offender knows that the certificate was
false; (3) He uses the same.
2: Usurpation of official functions. (excess of authority) (1) Offender performs any act;
(2) Pertaining to any person in authority or public officer of the Philippine government or any
foreign government, or any agency thereof;
(3) Under pretense of official position;
(4) Without
being lawfully entitled to do so
2: Concealing true name (1) Offender conceals his true name and other personal circumstances;
(2) Purpose is only to conceal his identity.
179 – ILLEGAL USE OF UNIFORMS AND INSIGNIA (1) Offender makes use of insignia, uniforms
or dress; (2) such pertains to an office not held by such person or a class of persons of which he is
not a member;
(3) items are used publicly and improperly.
180 – FALSE TESTIMONY AGAINST A DEFENDANT (1) There is a criminal proceeding;
(2) Offender testifies falsely under oath against the defendant therein; (3) Offender who gives false
testimony Knows that it is false. (4) Defendant against whom the false testimony is given is either
acquitted or convicted in a final judgment.
181 – FALSE TESTIMONY FAVORABLE TO THE DEFENDANT E: (1) A person gives false
testimony; (2) In favor of the defendant; (3) Inacriminalcase.
182 – FALSE TESTIMONY IN CIVIL CASES E: (1) Testimony given in a civil case; (2) Testimony
relates to the issues presented in said case;
(3) Testimony is false; (4) Offender knows that
testimony is false; (5) T. is malicious
(6) And given with an intent to affect the issues presented in
said case.
183 – FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION Acts
Punished (1) By falsely Testifying under oath; (2) By Making a false affidavit.
E: (1) Offender Makes a statement under oath or executes an affidavit upon a material matter;
(2) The statement or affidavit is made Before a competent officer, authorized to receive and
administer oaths;
(3) Offender makes a Willful and deliberate assertion of a falsehood in the
statement or affidavit;
(4) The sworn statement or affidavit containing the falsity is Required by law,
that is, it is made for a legal purpose.
Oath – any form of attestation by which a person signifies that he is bound by conscience to perform
an act faithfully and truthfully. Affidavit – sworn statement in writing;
184 – OFFERING FALSE TESTIMONY IN EVIDENCE E: (1) Offender fffers in evidence a false
witness or testimony;
(2) He knows that the witness or the testimony was false;
(3) The offer is
made in any judicial or official proceeding.
Gambling – any game or scheme, whether upon chance or skill, wherein wagers consisting of
money, articles of value or representative of value are at stake or made.
PD 1602 – AP:
(1) Any person who, in any manner, shall directly or indirectly take part in any illegal or unauthorized
activities or games of— (a) Cockfighting, jueteng, jai alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries;
(b) Cara y cruz, pompiang and the like;
(c) 7-11 and any game using dice;
(d) Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo, pangguigue and other
card games;
(e) Paik que, high and low, mahjong, domino and other games using plastic tiles and the like;
(f) Slot machines, roulette, pinball and other mechanical contraptions and devices;
(g) Dog racing, boat racing, car racing and other forms of races;
(h) Basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to
include game fixing, point shaving and other machinations;
(i) Banking or percentage game, or any other game scheme, whether upon chance or skill, wherein
wagers consisting of money, articles of value or representative of value are at stake or made;
(2) Any person who shall knowingly permit any form of gambling referred to in the preceding
subparagraph to be carried on in an inhabited place or in any building, vessel or other means of
transportation owned or controlled by him.
(3) Any person who shall knowingly permit any form of gambling to be carried on in a place which has
a reputation of a gambling place or that prohibited gambling is frequently carried on therein, or the
place is a public or government building or barangay hall;
(4) The maintainer or conductor of the above gambling schemes. (a) Maintainer: a person who sets
up and furnishes the means with which to carry on the gambling game or scheme.
b) Conductor: a
person who manages or carries on the gambling game or scheme.
(5) A government official who is a maintainer, conductor or banker of said gambling schemes, or the
player, promoter, referee, umpire, judge or coach in case of game fixing, point shaving and
machination.
(6) Any person who shall, knowingly and without lawful purpose in any hour of any day, possess any
lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any
manner used in the games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries
and numbers which have taken place or about to take place.
(7) Any barangay official who, with knowledge of the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in connection therewith.
(8) Any security officer, security guard, watchman, private or house detective of hotels, villages,
buildings, enclosures and the like which have the reputation of a gambling place or where gambling
activities are being held.
ART 198 ILLEGAL BETTING ON HORSE RACES
Allowed: 1) Sundays; 24 Saturdays; Legal holidays Ex: Independence Day; Rizal Day; Reg. or voting
day; Holy Thursday; Good Friday
Not Allo: 1) july 4th; Dec 30; Reg. or Voting day; Holy T or Good F.
ART 199: ILLEGAL COCKFIGHTING
Allowed: 1) Sundays; Legal holidays Ex: Independence Day; Rizal Day; Reg. or voting day; Holy
Thursday; National Heroes Day; Good Friday; Election or Referendum Day;/ 2) During Local Fiestas
for not more than 3 days; 4) fair, carnival or exposition 3days
200 – GRAVE SCANDAL (1) Offender performs an act or acts; (2) Such act or acts be highly
scandalous as offending against decency or good customs; (3) The highly scandalous conduct is not
expressly falling within any other article of this Code; and (4) The act or acts complained of be
committed in a public place or within the public knowledge or view.
203 – WHO ARE PUBLIC OFFICERS (1) Taking part in the performance of public functions in the
government;
(2) Performing in said government or in any of its branches public duties as an
employee, agent or subordinate official, of any rank or class; (3) His authority must be – (a) By direct
provision of the law; (b) By popular election; or
(c) By appointment by competent authority
MALFEASANCE performance of an act which ought not to be done
MISFEASANCE Improper performance of some act which might lawfully be done
NONFEASANCE Omission of some act which ought to be performed
204 – KNOWINGLY RENDERING UNJUST JUDGMENT
(1) Offender is a judge; (2) He renders a judgment in a case submitted to him for decision;
(3) Judgment is unjust; (4) The judge knows that his judgment is unjust.
Judgment – the final consideration and determination of a court of competent jurisdiction upon
matters submitted to it, in an action or proceeding.
205 – JUDGMENT RENDERED THROUGH NEGLIGENCE (1) Offender is a judge; (2) He renders
a judgment in a case submitted to him for decision; (3) The judgment is manifestly unjust; (4) It is
due to his inexcusable negligence or ignorance.
206 – UNJUST INTERLOCUTORY ORDER (1) Offender is a judge; (2) He performs any of the
following acts: (a) Knowingly rendering an unjust interlocutory order or decree; or (b) Rendering a
manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.
211 – INDIRECT BRIBERY E: (1) Offender is a public officer; (2) He accepts gifts; (3) The gifts are
offered to him by reason of his office.
Sec. 3(a) Persuading, inducing or influencing another public officer to perform an act constituting a
violation of rules and regulations duly promulgated by competent authority or an offense in connection
with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
Sec. 3(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit,
for himself or for any other person, in connection with any contract or transaction between the
Government and any other party, wherein the public officer in his official capacity has to intervene
under the law.
Sec. 3(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material
benefit, for himself or for another, from any person for whom the public officer, in any manner or
capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given.
Sec. 3(d) Accepting or having any member of his family accept employment in a private enterprise
which has pending official business with him during the pendency thereof or within one year after its
termination.
Sec. 3(e) Causing any undue injury to any party, including the Government, or giving any private
party any unwarranted benefits, advantage or preference in the discharge of his official administrative
or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.
- The accused is a public officer discharging administrative, judicial or official functions
Sec. 3(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act
within a reasonable time on any matter pending before him for the purpose of obtaining, directly or
indirectly, from any person interested in the matter some pecuniary or material benefit or advantage,
or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating
against any other interested party.
Sec. 3(g) Entering, on behalf of the Government, into any contract or transaction manifestly and
grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.
Sec. 3(h) Directly or indirectly having financial or pecuniary interest in any business, contract or
transaction in connection with which he intervenes or takes part in his official capacity, or in which he
is prohibited by the Constitution or by any law from having any interest.
Sec. 3(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in
any transaction or act requiring the approval of a board, panel or group of which he is a member, and
which exercises discretion in such approval, even if he votes against the same or does not participate
in the action of the board, committee, panel or group.
Sec. 3(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any
person not qualified for or not legally entitled to such license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not so qualified or entitled.
Sec. 3(k) Divulging valuable information of a confidential character, acquired by his office or by him
on account of his official position to unauthorized persons, or releasing such information in advance
of its authorized release date.
REPUBLIC ACT NO. 7080 An Act Defining and Penalizing the Crime of Plunder (Anti-Plunder Act)
Ill-gotten wealth – any asset, property, business enterprise or material possession of any person
within the purview of Section 2 (Plunder), acquired by him directly or indirectly through dummies,
nominees, agents, subordinates and/or business associates by any combination or series of the
following means or similar schemes:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the
public treasury;
(2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any
other form of pecuniary benefit from any person and/or entity in connection with any government
contract or project or by reason of the office or position of the public officer concerned;
(3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National
Government or any of its subdivisions, agencies or instrumentalities or government- owned or -
controlled corporations and their subsidiaries;
(4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other
form of interest or participation including promise of future employment in any business enterprise or
undertaking;
(5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
(6) By taking undue advantage of official position, authority, relationship, connection or influence to
unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino
people
213 – FRAUD AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES – Modes: (a)
Entering into an agreement with any interested party or speculator or making use of any other
scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of accounts relating to public property or funds;
(b) ILLEGAL EXACTION: Demanding, directly or indirectly, the payment of sums different from or
larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts;
(c) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially, in the collection of taxes, licenses, fees and other imposts;
(d) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a
nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts.
214 – OTHER FRAUDS E (1) Offender is a public officer; (2) He takes advantage of his official
position; (3) He commits any of the frauds or deceits enumerated in Article 315 to 318
Modes: (a) Appropriating public funds or property; (b) Taking or misappropriating the same; (c)
Consenting, or through abandonment or negligence, permitting any other person to take such public
funds or property; and (d) Being otherwise guilty of the misappropriation or malversation of such
funds or property.
Elements (1) Offender is a public officer; (2) He had the custody or control of funds or property by
reason of the duties of his office; (3) Those funds or property were public funds or property for which
he was accountable; (4) He appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take them.
228 OPENING OF CLOSED DOCUMENTS (1) Offender is a public officer; (2) Any closed papers,
documents, or objects are entrusted to his custody; (3) He opens or permits to be opened said
closed papers, documents or objects; (4) He does not have proper authority.
248 – MURDER
E: 1) Per. Was killed; 2) accused killed him; 3) attended by any of the following c.; 4) not parricide or
infanticide
C: (a) with treachery, taking advantage of superior strength, with the aid of armed men, or employing
means to weaken the defense, or of means or persons to insure or afford impunity; b) in
consideration of a price, reward or promise; (c) by means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault upon a railroad, fall of an airship, by means of
motor vehicles, or with the use of any other means involving great waste and ruin;
(d) on occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic, or any other public calamity; (e) with evident
premeditation; (f) with cruelty, by deliberately and inhumanly augmenting the suffering of the victim,
or outraging or scoffing at his person or corpse.
249 – HOMICIDE
251 - DEATH CAUSED IN TUMULTUOUS AFFRAY (1) There are several persons;
(2) They do
not compose groups organized for the common purpose of assaulting and attacking each other
reciprocally; (3) These several persons quarreled and assaulted one another in a confused and
tumultuous manner; (4) Someone was killed in the course of the affray; (5) It cannot be ascertained
who actually killed the deceased;
(6) The person or persons who inflicted serious physical injuries
or who used violence can be identified.
Persons L: (a) The person or persons who inflicted the serious physical injuries (b) If it is not known
who inflicted the serious physical injuries on the deceased, all persons who used violence upon the
person of the victim are liable.
252 - PHYSICAL INJURIES CAUSED IN TUMULTUOUS AFFRAY (1) There is a tumultuous affray;
(2) A participant or some participants thereof suffered serious physical injuries or physical injuries of
a less serious nature only; (3) The person responsible thereof cannot be identified; (4) All those who
appear to have used violence upon the person of the offended party are known.
255 – INFANTICIDE (1) A child was killed by the accused; (2) The deceased child was less than 3
days old (72 hours).
256 - INTENTIONAL ABORTION (a) There is a pregnant woman;
(b) Violence is exerted, or
drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman;
(c) 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;
(d) The
abortion is intended.
257 - UNINTENTIONAL ABORTION (b) Violence is used upon such pregnant woman without
intending an abortion; c) The violence is intentionally exerted;
(d) Result of violence – fetus dies,
either in the womb or expelled therefrom
261 - CHALLENGING TO A DUEL (1) Challenging another to a duel; (2) Inciting another to give or
accept a challenge to a duel; (3) Scoffing at or decrying another publicly for having refused to accept
a challenge to fight a duel.
262 – MUTILATION
1: Intentionally mutilating another by depriving him, either totally or partially, of some essential organ
for reproduction;
2: Intentionally making other mutilation, that is, by lopping or clipping off any part of the body of the
offended party, other than the essential organ for reproduction, to deprive him of that part of his body
265 - LESS SERIOUS PHYSICAL INJURIES E: (1) 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;
(2) The physical injuries must not be those described in the preceding articles.
266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT
M: (1) Physical injuries incapacitated the offended party for labor from 1-9 days, OR required medical
attendance during the same period;
(2) Physical injuries which did not prevent the offended party
from engaging in his habitual work or which did not require medical attendance;
(3) Ill-treatment of
another by deed without causing any injury.
266-A - RAPE
1) Rape through sexual intercourse (1) Offender is a man; (2) Offender had carnal knowledge of a
woman;
(3) Such act is accomplished under any of the following circumstances:
a) By using force, threat or intimidation; b) When the woman is deprived of reason or is otherwise
unconscious; c) By means of fraudulent machination or grave abuse of authority; 4) When the woman
is under 12 years of age (Statutory Rape) or is demented.
2) Rape Through Sexual Assault
(a) Offender commits an act of sexual assault;
(b) The act of sexual assault is committed by any of the following means: (1) By inserting his penis
into another person's mouth or anal orifice; or
(2) By inserting any instrument or object into the
genital or anal orifice of another person; (c) The act of sexual assault is accomplished under any of
the following circumstances:
(1) By using force or intimidation; or
(2) When the woman is deprived of reason or otherwise unconscious; or
(3) By means of fraudulent machination or grave abuse of authority; or
(4) When the woman is under 12 years of age or demented.
267 - KIDNAPPING AND SERIOUS ILLEGAL DETENTION (a) Offender is a private individual; (b)
He kidnaps or detains another, or in any other manner deprives the latter of his liberty; (c) The act of
detention or kidnapping must be illegal; (d) In the commission of the offense, any of the following
circumstances is present:
(1) The kidnapping lasts for more than 3 days;
(2) It is committed simulating public authority;
(3) Any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill
him are made; or (4) The person kidnapped or detained is a minor, female, or a public officer.
Qualifying Circumstances (1) Purpose is to extort ransom. (2) When the victim is killed or dies as
a consequence of the detention. (3) When the victim is raped. (4) When victim is subjected to torture
or dehumanizing acts.
(SCC w/ murder – dies as a consequence of detention)
269 - UNLAWFUL ARREST (a) Offender arrests or detains another person;
(b) The purpose of
the offender is to deliver him to the proper authorities;
(c) The arrest or detention is not authorized
by law or there is no reasonable ground therefor.
270 - KIDNAPPING AND FAILURE TO RETURN A MINOR (a) Offender is entrusted with the
custody of a minor person (whether over or under seven years but less than 18 years of age)
(b) He deliberately fails to restore the said minor to his parents or guardians
271 - INDUCING A MINOR TO ABANDON HIS HOME (a) A minor (whether over or under seven
years of age) is living in the home of his parents or guardians or the person entrusted with his
custody; (b) Offender induces said minor to abandon such home.
272 - SLAVERY (a) Offender purchases, sells, kidnaps or detains a human being;
(b) The purpose of the offender is to enslave such human being.
273 - EXPLOITATION OF CHILD LABOR (a) Offender retains a minor in his services;
(b) It is
against the will of the minor;
(c) It is under the pretext of reimbursing himself of a debt incurred by
an ascendant, guardian or person entrusted with the custody of such minor.
276 - ABANDONING A MINOR (a) Offender has the custody of a child; (b) The child is under seven
years of age; (c) He abandons such child;
(d) He has no intent to kill the child when the latter is abandoned.
284 - BOND FOR GOOD BEHAVIOR (1) When he threatens another under the circumstances
mentioned in Art. 282 (Grave Threats). (2) When he threatens another under the circumstances
mentioned in Art. 283 (Light Threats).
287 - LIGHT COERCIONS E: (a) Offender must be a creditor;
(b) He seizes anything belonging to
his debtor:
(c) The seizure of the thing be accomplished by means of violence or a display of
material force producing intimidation; (d) The purpose of the offender is to apply the same to the
payment of the debt.
293 - WHO ARE GUILTY OF ROBBERY 1) That there is personal property belonging to another;
2) That there is unlawful taking of that property;
3) That the taking is with intent to gain; and
4) That there is violence against or intimidation of persons or force upon things.
294 – ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
Robbery with Homicide; Robbery with Rape, Robbery with Intentional Mutilation, Robbery with Arson;
w/ SPI par. 2 & 3
296 – ROBBERY BY A BAND (1) When at least 4 armed malefactors take part in the commission of
a robbery, it is deemed committed by a band.
(2) When any of the arms used in the commission of robbery is not licensed, penalty upon all the
malefactors shall be the maximum of the corresponding penalty provided by law, without prejudice to
the criminal liability for illegal possession of such firearms.
(3) Any member of a band who was present at the commission of a robbery by the band, shall be
punished as principal of any of the assaults committed by the band, unless it be shown that he
attempted to prevent the crime.
298 - EXECUTION OF DEEDS THROUGH VIOLENCE OR INTIMIDATION (a) Offender has Intent
to defraud another
(b) Offender Compels him to sign, execute, or deliver any public instrument or
document (c) Compulsion is by means of violence or intimidation.
304 - POSSESSION OF PICKLOCK OR SIMILAR TOOLS (a) Offender has in his possession
picklocks or similar tools;
(b) Such picklock or similar tools are especially adopted to the
commission of robbery;
(c) Offender does not have lawful cause for such possession.
305 - FALSE KEYS - Deemed to include the following: (1) Tools mentioned in Article 304;
(2) Genuine keys stolen from the owner
(3) Any key other than those intended by the owner for use in the lock forcibly opened by the
offender.
306 - WHO ARE BRIGANDS Elements (a) There be at least 4 armed persons
(b) They formed a band of robbers
(c) The purpose is any of the following:
(1) To commit robbery in the highway; or
(2) To kidnap for the purpose of extortion or to obtain ransom; or
(3) To attain by means of force and violence any other purpose.
307 - AIDING AND ABETTING A BAND OF BRIGANDS (c) Offender does any of the following acts:
(1) He in any manner aids, abets or protects such band of brigands; or
(2) He gives them information of the movements of the police or other peace officers; or
(3) He acquires or receives the property taken by such brigands.
308 - WHO ARE LIABLE FOR THEFT (a) Taking of personal property (b) Personal property
belongs to another (c) Taking was done with intent to gain. (d) Taking was without the consent of the
owner. (e) Accomplished without the use of violence against or intimidation of persons or force upon
things.
Motor vehicle –is any vehicle propelled by any power other than muscular power using the public
highways,
311 - THEFT OF THE PROPERTY OF THE NATIONAL LIBRARY AND NATIONAL MUSEUM
DESTRUCTIVE ARSON any person who shall burn: a) One (1) or more buildings or edifices,
consequent to one single act of burning or as a result of simultaneous burnings, or committed on
several or different occasions;
b) Any building of public or private ownership, devoted to the public in general or where people
usually gather or congregate
c) Any train or locomotive, ship or vessel, airship or airplane, devoted to transportation or
conveyance, or for public use, entertainment or leisure.
d) Any building, factory, warehouse installation and any appurtenances thereto, which are devoted to
the service of public utilities.
e) Any building the burning of which is for the purpose of concealing or destroying evidence of
another violation of law, or for the purpose of concealing bankruptcy or defrauding creditors or to
collect from insurance.
Malicious Mischief – It is the willful causing of damage to another’s property for the sake of causing
damage because of hate, revenge or other evil motive.
E: (a) Offender deliberately caused damage to the property of another.
(b) Such act does not constitute arson or other crimes involving destruction
(c) The act of damaging another’s property was committed merely for the sake of damaging it.
333 – ADULTERY (1) The woman is married; (2) She has sexual intercourse with a man not her
husband; (3) As regards the man with whom she has sexual intercourse: he knows her to be
married.
334 – CONCUBINAGE (1) The man is married; (2) He is either: (a) keeping a mistress in the
conjugal dwelling; (b) Having sexual intercourse under scandalous circumstance with a woman not
his wife; (c) Cohabiting with her in any other place;
(3) As regards the woman, she knows him to be married.
336 - ACTS OF LASCIVIOUSNESS (a) The offender commits any act of
lasciviousness or
lewdness;
(b) The act is committed against a person of either sex; (c) It is done under any of the
ff. circumstances: (1) By using force or intimidation; or (2) When the offended party is deprived of
reason or otherwise unconscious; (3) By means of fraudulent machination or grave abuse of
authority (4) When the offended party is under 12 years of age or is demented.
Lewd – obscene, lustful, indecent, lecherous; signifies form of immorality which has relation to moral
impurity or that which is carried in wanton manner
AOL Compulsion or force is included in the constructive element of force; Must be accompanied by
acts of lasciviousness or lewdness.
GC Compulsion or force is the very act constituting the offense of grave coercion; Moral compulsion
amounting to intimidation is sufficient.
MODE 1. Simulation of births; MODE 2. Substitution of one child for another; MODE 3. Concealing or
abandoning any legitimate child with intent to cause such child to lose its civil status.
348 - USURPATION OF CIVIL STATUS - a person represents himself to be another and assumes
the filiation or the parental or conjugal rights of such another person.
349 – BIGAMY
E: (a) Offender has been legally married;
(b) The marriage has not been legally dissolved or, in case his or her spouse is absent, the absent
spouse could not yet be presumed dead according to the Civil Code
(c) He contracts a second or subsequent marriage
(d) The second or subsequent marriage has all the essential requisites for validity.
358 - SLANDER
(1) Simple slander
(2) Grave slander, when it is of serious and insulting nature
Factors that determine the gravity of the oral defamation: (1) Expressions used (2) Personal
relations of the accused and the offended party. 3) The surrounding circumstances.
359 - SLANDER BY DEED E: (a) Offender performs any act not included in any other crime against
honor; (b) Such act is performed in the presence of other person/s; and (c) Such act casts dishonor,
discredit or contempt upon the offended party.
360 - PERSONS RESPONSIBLE FOR LIBEL (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.
(3) The editor or business manager of a daily newspaper, magazine or serial
publication.
(4) The owner of the printing plant which publishes a libelous article with his consent and all other
persons who in any way participate in or have connection with its publication.
Where to file the criminal action? It depends on who the offended party is.
If he is a public officer, the criminal action can only be instituted in either:
(1) RTC of the province or city where the libelous article is printed and first published, OR (2) RTC of
the province or city where he held office at the time of the commission of the offense
If he is a private person, the criminal action may be brought in:
(1) RTC of the province or city where the libelous article is printed and first published, OR (2) RTC of
the province or city where he actually resided at the time of the commission of the offense
QUASI- OFFENSES
Quasi-offenses punished: (1) Committing through reckless imprudence any act which, had it been
intentional, would constitute a grave or less grave felony or light felony;
(2) Committing through simple imprudence or negligence an act which would otherwise constitute a
grave or a less serious felony;
(3) Causing damage to the property of another through reckless imprudence or simple imprudence or
negligence;
(4) Causing through simple imprudence or negligence some wrong which, if done maliciously, would
have constituted a light felony.
I - Lack of skill & Deficiency of action; Failure in precaution
N - Lack of foresight & Deficiency of perception; Failure in advertence
Elements of Simple Imprudence (a) There is lack of precaution on the part of the offender (b) The
damage impending to be caused is not immediate or the danger is not clearly manifest.
Test of Negligence: Would a prudent man, in the position of the person to whom negligence is
attributed, foresee harm as a result of the course actually pursued?
Doctrine of last clear chance The contributory negligence of the party injured will not defeat the
action if it be shown that the accused might, by exercise of reasonable care and prudence, have
avoided the consequences of the negligence of the injured party.
Emergency rule An automobile driver who, by negligence of another and not by his own negligence,
is suddenly placed in an emergency and compelled to act instantly to avoid collision or injury is not
guilty of negligence if he makes such a choice which a person of ordinary prudence placed in such
situation might make even though he did not make the wisest choice.
Section 98. Limited Applicability of the Revised Penal Code. -shall not apply to the provisions of this
Act, except in the case of minor offenders. Where the offender is a minor, the penalty for acts
punishable by life imprisonment to death provided herein shall be reclusion perpetua to death.
UNCONSTITUTIONAL
(g) All candidates for public office whether appointed or elected both in the national or local
government shall undergo a mandatory drug test; IT ADDED additional requirement.
(f) All persons charged before the prosecutor's office with a criminal offense having an imposable
penalty of imprisonment of not less than six (6) years and one (1) day shall have to undergo a
mandatory drug test;
-blatant attempt to use this medical tool for criminal prosecution; violates privacy and self incrimnation
CONSTITUTIONAL:
(c) Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall,
pursuant to the related rules and regulations as contained in the school's student handbook and with
notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses
whether in public or private schools under this Section will be borne by the government;
-stand in loco parentis duty to safeguard heath and safety / minors are subj to custody of parents,
guardians and schools/
(d) Officers and employees of public and private offices. – Officers and employees of public and
private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as
contained in the company's work rules and regulations, which shall be borne by the employer, for
purposes of reducing the risk in the workplace. Any officer or employee found positive for use of
dangerous drugs shall be dealt with administratively which shall be a ground for suspension or
termination, subject to the provisions of Article 282 of the Labor Code and pertinent provisions of the
Civil Service Law;
UNLAWFUL ACTS:
Sec 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Sec 5. Sale (LI + 500k to 10M), Trading, Administration, Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
E: (1) the identity of the buyer and the seller, the object, and the consideration; and
(2) the delivery
of the thing sold and the payment therefor.
Sec 6. Maintenance of a Den, Dive or Resort.
Sec 7. Employees and Visitors of a Den, Dive or Resort (a) Any employee of a den, dive or resort,
who is aware of the nature of the place as such; and
(b) Any person who, not being included in the provisions of the next preceding, paragraph, is aware of
the nature of the place as such and shall knowingly visit the same
Section 11. Possession of Dangerous Drugs. – any person not authorized by law any drugs
E: (1) the accused is in possession of an prohibited drug; (2) such possession is not authorized by
law; and (3) the accused freely and consciously possesses the said drug.
Actual possession – in the immediate possession
Constructive possession – under the dominion and control of the accused; when accused has the
right to exercise control and dominion over the place where it is found
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs. (tool)
Section 15. Use of Dangerous Drugs. – A person apprehended or arrested, who is found to be
positive for use of any dangerous drug, after a confirmatory test,
First – 6 mos Rehab; 2nd 6 yrs and 1 day to 12 y + fine
RULES Possession, Sales and Use of D & Paraphernalia – seller apprehended: qty in possessing is
absorbed in sale – illegal sale (possession absorbed)
1) Sec 11 – if in excess of the drugs bought;
-caught using: possession of paraphernalia shall be absorbed; if a tooter is found, separate
information from possession of drugs
- if found positive for use and found in possession – possession only
APPLICABILITY OF PROBATION LAW - cannot avail of the privilege granted by the Probation Law
or Presidential Decree No. 968
DRUG SYNDICATE – group of 2 or more persons with intention of committing any offense prescribed
under the act
CHAIN OF CUSTODY – duly recorded authorized movements and custody of subject items at each
stage, from the time of seizure to presentation to the court for destruction. Such record of movements
and custody of seized items shall include the identity and signature of the person who held temporary
custody of the seized items, the date and time when such transfer of custody was made in the course
of safekeeping and use in court as evidence, and the final disposition
LINKS:
1) seizure and marking Signature or initial in the presenc of accused and immediately after
confiscation (if practicable)
2) turn over - seized by the apprehending officer to investigating officer
3) turn over by the investigation O. to the forensic chemist
4) Turn over and submission to the court
when indispensable – when the items of the real evidence is not readily identifiable, not distinctive,
the condition at the time of testing, and trial is critical, and when the witness cannot testify accurately
as to the uniqueness of such item
Presumption of Regularity: (Either) 1) law enforcers are not properly performing their duties; 2) In
the performance of their duties they were inspired by their ill motive
Section 21. Custody and Disposition of Confiscated, Seized, and/or Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment
3 Ways of Committing Estafa With Abuse Of Confidence Under Art. 315 Par. (B):
(1) Misappropriating the thing received.
(2) Converting the thing received.
(3) Denying that the thing was received.
Par.1(c): Taking advantage of signature in blank E: (a) Paper with the signature of the offended party
is in blank.
(b) Offended party delivered it to the offender. (c) Above the signature of the offended party a
document is written by the offender without authority to do so.
(d) The document so written creates
a liability of, or causes damage to, the offended party or any third person.
Estafa by Means of False Pretenses or Fraudulent Acts (315 par. 2(a) (b) (c) (d) (e); BP22):
(a) There is a false pretense, fraudulent act or fraudulent means.
(b) Such false pretense, fraudulent act or fraudulent means was made or executed prior to or
simultaneously with the commission of the fraud.
(c) Offended party relied on the false pretense, fraudulent act, or fraudulent means, that is, he was
induced to part with his money or property because of such
(d) As a result thereof, the offended party suffered damage.
Par 2(a): Using fictitious name or false pretenses at power, influence... or other similar deceits
Ways of committing the offense: (1) By using fictitious name; (2) By falsely pretending to possess:
(a) power, (b) influence, (c) qualifications, (d) property, (e) credit, (f) agency, (g) business or
imaginary transactions;
(3) By means of other similar deceits.
-essential that fraudulent representation of the accused, (1) be made prior to, or, at least
simultaneously with,
(2) the delivery of the thing by the complainant.
Par 2(b): by altering the quality, fineness or weight of anything pertaining to art or business
Par. 2(c): by pretending to have bribed any government employee
Par 2(d): By postdating a check or issuing a bouncing check (a) Offender postdated a check, or
issued a check in payment of an obligation;
(b) Such postdating or issuing a check was done when
the offender had no funds in the bank, or his funds deposited therein were not sufficient to cover the
amount of the check.
Sec. 1 Par. 2 Elements (1) Making or drawing and issuing a check having sufficient funds in or credit
with the drawee bank
(2) Failure to keep sufficient funds or to maintain a credit to cover the full amount of the check if
presented within a period of ninety (90) days from the date appearing thereon (3) Check is
dishonored by the drawee bank.
Estafa Through Other Fraudulent Means (315 Par 3 (a) (b) (c))
Par.3 (c): By removing, concealing or destroying any court record, office files, document or any other
papers
Elements: (a) There are court record, office files, documents or any other papers.
(b) The offender
removed, concealed or destroyed any of them. (c) The offender had Intent to defraud another.
Par. 2. By disposing of real property as free from encumbrance, although such encumbrance be not
recorded
Elements: (a) The thing disposed of is real property. (b) Offender knew that the real property was
encumbered, whether the encumbrance is recorded or not.
(c) There was express representation by the offender that the real property is free from
encumbrance.
(d) Act of disposing of the real property was made to the damage of another.
Par. 3. By wrongfully taking by the owner of his personal property from its lawful possessor
Elements: (a) Offender is the owner of personal property.
(b) Said property is in the lawful
possession of another.
(c) Offender wrongfully takes it from its lawful possessor. (d) Prejudice is
thereby caused to the lawful possessor or third person.
Par. 4. By executing any fictitious contract to the prejudice of another Elements: (a) Offender
executes a contract (b) Contract is fictitious
(c) Prejudice is caused.
Par. 5. By accepting any compensation for services not rendered or for labor not performed
Elements: (a) Offender accepts any compensation for services or labor
(b) He did not render any
service or perform any labor
Par. 6. By selling, mortgaging or encumbering real property or properties with which the offender
guaranteed the fulfilment of his obligation as surety
Elements: (a) Offender is a surety in a bond given in a criminal or civil action.
(b) He guaranteed the fulfillment of such obligation with his real property or properties. (c) He sells,
mortgages, or, in any other manner encumbers said real property.
(d) That such sale, mortgage, or encumbrance is
(1) Without express authority from the court, or
(2) Made before the cancellation of his bond, or
(3) Before being relieved from the obligation
contracted by him.