Professional Documents
Culture Documents
RPC Book 2 PDF
RPC Book 2 PDF
RPC Book 2 PDF
Article 114
ELEMENTS OF TREASON:
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
Example: X saw arms landed in La Union and loaded into a motor vehicle. At this
stage, not sufficient to convict yet. Y later saw the arms unloaded in a warehouse.
Will X + Y be sufficient witnesses to convict? Answer: NO. Because the law requires
that 2 witnesses see the SAME OVERT ACT.
1. If he has pleaded NOT guilty already during arraignment, he can still confess
in open court by stating the particular acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not necessary
4. If during arraignment he pleads guilty, court will ask if the accused
understands his plea. Submission of affidavit during trial, even if assisted by
counsel is not enough.
· Not Treasonous:
1. Acceptance of public office and discharge of official duties under the enemy
does not constitute per se the felony of treason (exception: when it is policy
determining)
2. Serving in a puppet government (ministerial functions) and in order to serve
the populace is NOT treasonous. But it is treason if: a) there is discretion
involved; b) inflicts harm on Filipinos; c) it is disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy country; if merely to
change officials – not treason
4. Filipino citizens can commit treason outside the Philippines. But that of an
alien must be committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be held liable
6. Alien: with permanent resident status from the BID – it is neither the length of
stay in the Philippines nor the marriage with a Filipino that matters.
· On Citizenship
Example: Financing arms procurement of enemy country. But giving of shelter is not
necessarily “giving aid and comfort.”
Adherence and giving aid or comfort must concur together. Adherence: when
a citizen intellectually or emotionally favors the enemy and harbors
convictions disloyal to his country’s policy. But membership in the police
force during the occupation is NOT treason.
Adherence may be proved by: (1) one witness; (2) from the nature of the act
itself; (3) from the circumstances surrounding the act.
Treason is a CONTINUING CRIME. Even after the war, offender can be
prosecuted.
If you convict a person for treason by reason of irresistible force or
uncontrollable fear, you may use Art.12. No treason through negligence
When killings and other common crimes are charged as overt act of treason,
they cannot be regarded as (1) separate crimes or (2) as complex with treason.
Article 115
ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to
1. In time of war
2. A person who has decided to levy war against the government, or to adhere to
the enemies and to give them aid or comfort, proposes its execution to some
other person/s.
Article 116
MISPRISION OF TREASON
ELEMENTS:
1. That the offender must be owing allegiance to the government, and not a
foreigner
2. That he has knowledge of any conspiracy (to commit treason) against the
government
3. That he conceals or does not disclose and make known the same as soon as
possible to the governor or fiscal of the province or the mayor or fiscal of the
city in which he resides
Article 117
ELEMENTS:
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
ELEMENTS:
Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
Gov’t must have declared the neutrality of the Phil in a war between 2 other
countries
It is neutrality of the Phil that is violated
Congress has the right to declare neutrality
Article 120
ELEMENTS:
Hostile country exist only during hostilities or after the declaration of war
Correspondence to enemy country – correspondence to officials of enemy
country – even if related to you.
It is not correspondence with private individual in enemy country
If ciphers were used, no need for prohibition
If ciphers were not used, there is a need for prohibition
In any case, it must be correspondence with the enemy country
Doesn’t matter if correspondence contains innocent matters – if prohibited,
punishable
Article 121
ELEMENTS
Article 122
PIRACY
Elements:
High seas: any waters on the sea coast which are without the boundaries of the
low water mark although such waters may be in the jurisdictional limits of a
foreign gov’t
PD 532 has been already repealed
Piracy in high seas – jurisdiction is with any court where offenders are found
or arrested
Piracy in internal waters – jurisdiction is only with Philippine courts
For purpose of Anti-Fencing Law, piracy is part of robbery and theft
Piracy Mutiny
Robbery or forcible degradation on the Unlawful resistance to a superior officer, or
high seas, without lawful authority and the raising of commotion and disturbances
done with animo furandi and in the spirit on board a ship against the authority of its
and intention of universal hostility. commander
Intent to gain is an element.
Attack from outside. Offenders are Attack from the inside.
strangers to the vessel. (this is the
standing rule with the repeal of PD 532
which made it possible for any person to
commit piracy including a passenger or
complement of the vessel).
Article 123
QUALIFIED PIRACY
CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or firing upon the same
2. Whenever the pirates have abandoned their victims without means of saving
themselves
3. Whenever the crime is accompanied by murder, homicide, physical injuries, or
rape. (the above may result to qualified mutiny)
Article 124
ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or employee (whose official duties include
the authority to make an arrest and detain persons; jurisdiction to maintain
peace and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be committed if with
warrant).
1. commission of a crime
2. violent insanity or other ailment requiring compulsory confinement of the
patient in a hospital
Article 125
ELEMENTS:
Article 126
DELAYING RELEASE
ELEMENTS:
EXPULSION
ELEMENTS:
2 acts punishable:
(The crime of expulsion absorbs that of grave coercion. If done by a private person,
will amount to grave coercion)
Article 128
VIOLATION OF DOMICILE
ELEMENTS:
Article 129
ELEMENTS:
ELEMENTS:
Article 130
1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced by the searching
party)
Article 131
ELEMENTS:
Article 132
ELEMENTS:
Article 133
2. That the acts must be notoriously offensive to the feelings of the faithful
(deliberate intent to hurt the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
Article 134
REBELLION OR INSURRECTION
ELEMENTS:
1. That there be –
1. promotes
2. maintains, or
2. Any person who, while holding any public office or employment, takes part
therein by:
Article 134-A
COUP D E’TAT
ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
1. other facilities needed for the exercise and continued possession of
power
7. Singly or simultaneously carried out anywhere in the Philippines
1. Committed by any person or persons belonging to the military or
police or holding any public office or employment; with or without
civilian support or participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
Article 135
Penalties
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful purpose for
which they have been appropriated
2. Any person who, while holding any public office or employment, takes part
therein
Serious violence is that inflicted upon civilians, which may result in homicide.
It is not limited to hostilities against the armed force.
Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or omission not
punishable in rebellion
2. It is not a defense in rebellion that the accused never took the oath of
allegiance to, or that they never recognized the government
3. Rebellion cannot be complexed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
4. Killing, robbing etc for private persons or for profit, without any political
motivation, would be separately punished and would not be absorbed in the
rebellion.
Article 136
ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and take arms against
the government
2. For any of the purposes of rebellion
3. They decide to commit it
ELEMENTS:
Organizing a group of soldiers, soliciting membership in, and soliciting funds
for the organization show conspiracy to overthrow the gov’t
The mere fact of giving and rendering speeches favoring Communism would
not make the accused guilty of conspiracy if there’s no evidence that the
hearers then and there agreed to rise up in arms against the gov’t
Conspiracy must be immediately prior to rebellion
If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s
Article 137
ELEMENTS:
Presupposes existence of rebellion
Must not be in conspiracy with rebels or coup plotters
If there are means to prevent the rebellion but did not resist it, then there’s
disloyalty. If there are no means, no fault
If position is accepted in order to protect the people, not covered by this
The collaborator must not have tried to impose the wishes of the rebels of the
people.
Article 138
ELEMENTS:
1. That the offender does not take arms or is not in open hostility against the
government
2. That he incites others to the execution of any of the acts of rebellion
3. That the inciting is done by means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
Article 139
SEDITION
ELEMENTS:
1. Publicly (if no public uprising = tumult and other disturbance of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a taking of arms)
3. to prevent the promulgation or execution of any law or the holding of any
popular election
4. to prevent the national government, or any provincial or municipal
government, or any public thereof from freely exercising its or his functions,
or prevent the execution of any administrative order
5. to inflict any act or hate or revenge upon the person or property of any public
officer or employee
6. to commit for any political or social end, any act of hate or revenge against
private persons or any social class (hence, even private persons may be
offended parties)
7. to despoil, for any political or social end, any person, municipality or
province, or the national government of all its property or any part thereof
2. That they employ force, intimidation, or other means outside of legal methods
3. That the offenders employ any of those means to attain any of the following
objects:
Article 142
INCITING TO SEDITION
ELEMENTS:
1. That the offender does not take a direct part in the crime of sedition
2. That he incites others to the accomplishment of any of the acts which
constitute sedition (134)
3. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same end
(purpose: cause commotion not exactly against the government; actual
disturbance not necessary)
Different acts of inciting to sedition:
When punishable:
1. when they tend to disturb or obstruct any lawful officer in executing the
functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful
purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government
Article 143
ELEMENTS:
Chief of Police and mayor who prevented the meeting of the municipal
council are liable under Art 143, when the defect of the meeting is not
manifest and requires an investigation before its existence can be determined.
Article 144
DISTURBANCE OF PROCEEDINGS
ELEMENTS:
Article 145
Acts punishable:
Elements:
Article 146
ILLEGAL ASSEMBLIES
Not all the persons present at the meeting of the first form of illegal assembly
must be armed
Persons liable for illegal assembly
Responsibility of persons merely present at the meeting
Presumptions if person present at the meeting carries an unlicensed firearm:
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable:
1. Organized totally or partially for the purpose of committing any of the crimes
in RPC
2. Or for some purpose contrary to public morals
Article 148
DIRECT ASSAULT
1. That the offender (a) makes an attack, (b) employs force, (c) makes a serious
intimidation, or (d) makes a serious resistance.
2. That the person assaulted is a person in authority or his agent.
3. That at the time of the assault the person in authority or his agent (a) is
engaged in the actual performance of official duties (motive is not essential),
or that he is assaulted (b) by reason of the past performance of official duties
(motive is essential).
4. That the offender knows that the one he is assaulting is a person in authority or
his agent in the exercise of his duties (with intention to offend, injure or
assault).
5. That there is no public uprising.
Always complexed with the material consequence of the act (e.g. direct assault
with murder) except if resulting in a light felony, in which case, the
consequence is absorbed
Hitting the policeman on the chest with fist is not direct assault because if
done against an agent of a person in authority, the force employed must be of
serious character
The force employed need not be serious when the offended party is a person in
authority (ex. Laying of hands)
The intimidation or resistance must be serious whether the offended party is an
agent only or a person in authority (ex. Pointing a gun)
INDIRECT ASSAULT
ELEMENTS:
1. That a person in authority or his agent is the victim of any of the forms of
direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon such person coming
to the aid of the authority or his agent.
Indirect assault can be committed only when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent (not the
person in authority because it is already direct assault, the person coming to
the aid of the person in authority being considered as an agent and an attack on
the latter is already direct assault). Example. Aiding a policeman under attack.
Article 150
DISOBEDIENCE TO SUMMONS
Acts punishable:
Article 151
ELEMENTS:
Article 152
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly recognized private
schools, colleges and universities
6. Lawyers in the actual performance of their professional duties or on the
occasion of such performance
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
Section 388 of the Local Gov’t Code provides that “for purposes of the RPC,
the punong barangay, sangguniang barangay members and members of the
lupong tagapamayapa in each barangay shall be deemed as persons in
authority in their jurisdictions, while other barangay officials and members
who may be designated by law or ordinance and charged with the maintenance
of public order, protection and the security of life, property, or the
maintenance of a desirable and balanced environment, and any barangay
member who comes to the aid of persons in authority shall be deemed AGENT
of persons in authority.
Article 153
Article 154
Article 155
Charivari – mock serenade or discordant noises made with kettles, tin horns
etc, designed to deride, insult or annoy
Firearm must not be pointed at a person, otherwise, it is illegal discharge
What governs is the result, not the intent
Article 156
Article 157
A continuing offense.
Offenders – not minor delinquents nor detention prisoners
If escaped within the 15 day appeal period – no evasion
No applicable to deportation as the sentence
Flimsy excuse for violating destierro – not acceptable
Circumstances qualifying the offense (done thru):
Article 158
2. earthquake,
3. explosion, or
4. similar catastrophe, or
1. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during the
mutiny.
2. That the offender fails to give himself up to the authorities within 48 hours
following the insurance of a proclamation by the chief executive announcing
the passing away of such calamity.
Article 159
ELEMENTS:
ELEMENTS
1. That the offender was already convicted by final judgement of one offense.
2. That he committed a new felony before beginning to serve such sentence or
while serving the same.
TITLE FOUR
I. CRIMES AGAINST PUBLIC
INTEREST
Article 161
TYPES OF COUNTERFEITING GREAT SEAL OF GOVERNMENT:
When the signature of the President is forged, it is not falsification but forging
of signature under this article
Signature must be forged, others signed it – not the President.
Article 162
1. That the great seal of the republic was counterfeited or the signature or stamp
of the chief executive was forged by another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or stamp.
Article 163
Article 164
ELEMENTS OF MULTILATION OF COINS – IMPORTATION AND
UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts punishable are:
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
Article 165
2 Types
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the same to be false or
mutilated.
ELEMENTS:
Article 166
Article 167
Article 168
1. That any treasury or bank note or certificate or other obligation and security
payable to bearer, or any instrument payable to order or other document of
credit not payable to bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or falsified instrument.
FORGERY
Article 170
Accused must not be a public official entrusted with the custody or possession
of such document otherwise Art 171 applies.
Article 171
ELEMENTS:
Requisites:
Requisites:
Requisites:
Requisites:
Article 172
ELEMENTS
1. the written acts or records of cats of the sovereign authority of official bodies
and tribunals, and of the public officers, legislative, judicial and executive,
whether of the Philippines or of a foreign country.
2. Public records kept in the Philippines.
ELEMENTS :
1. That the offender committed any of the acts of falsification, except those in
paragraph 7 and 8, enumerated in art. 171.
2. That the falsification was committed in any private document (must affect the
truth or integrity of the document)
3. That the falsification caused damage (essential element; hence, no crime of
estafa thus falsification of private document) to a third party or at least the
falsification was committed with intent to cause such damage.
Not necessary that the offender profited or hoped to profit from the
falsification
A document falsified as a necessary means to commit another crime must be
public, official or commercial
There is no complex crime of estafa through falsification of a private
document because the immediate effect of the latter is the same as that of
estafa
If the estafa was already consummated at the time of the falsification of a
private document was committed for the purpose of concealing the estafa, the
falsification is not punishable, because as regards the falsification of the
private document there was no damage or intent to cause damage.
A private document may acquire the character of a public document when it
becomes part of an official record and is certified by a public officer duly
authorized by law
The crime is falsification of public documents even if falsification took place
before the private document becomes part of the public records.
ELEMENTS:
1. That the offender knew that a document was falsified by another person.
2. That the false document is embraced in art. 171 or in any subdivisions nos. 1
and 2 of art. 172.
3. That he introduced said document in evidence in any judicial proceeding.
(intent to cause damage not necessary)
4. that the offender knew that a document was falsified by another person.
5. That the false document is embraced in art. 171 or in any of subdivisions nos.
1 and 2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or at least was used
with intent to cause such damage.
The user of the falsified document is deemed the author of falsification, if:
Article 173
Acts punishable:
Requisites:
Requisites:
1. That the accused knew that wireless, cable, telegraph, or telephone message
was falsified by any of the person specified in the first paragraph of art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice of a third party,
or that the use thereof was with intent to cause such prejudice.
Article 174
Persons liable:
Article 175
Article 176
Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or marks or other
instruments or implements for counterfeiting or falsification
2. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines by another person
1. to the gov’t
2. to any person in authority
3. to any public office
Article 178
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious name for a
passport)
Article 179
Article 180
Article 181
Article 182
Not applicable when testimony given in a special proceeding (in this case, the
crime is perjury)
Basis of penalty: amount involved in the civil case
Article183
Article 184
III. FRAUDS
Article 185
b That the accused solicited any gift or a promise from any of the bidders.
c That such gifts or promise was the consideration for his refraining from taking
part in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
b That the accused attempted to cause the bidders to stay away from that public
auction
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Article 186
Acts punished:
Person/s liable:
Crime is committed by:
The purpose is:
Also liable as principals:
Aggravated if items are:
1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent commission of
above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity
Article 187
c That the offender knows that the said stamp, brand, or mark fails to indicate the
actual fineness or quality of the metals or alloys.
Article 188
Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of some other
manufacturer or dealer or a colorable imitation thereof, for the t/n or t/m of the real
manufacturer or dealer upon any article of commerce and (b) selling the same.
b By selling or by offering for sale such article of commerce, knowing that the t/n
or t/m has been fraudulently used
Article 189
Acts punished:
a Unfair competition by selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b)
wrapping of their packages, or in the (c) device or words therein, or in (d) any other
feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunity to do the same with a like purpose.
TITLE FIVE
I. Acts Punishable:
1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation of prohibited
drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
a Note: The land/portions thereof and/or greenhouses in which any of the said
plants is cultivated or cultured shall be confiscated and escheated to the State, unless
the owner thereof can prove that he did not know of such cultivation or culture despite
the exercise of due diligence on his part.
b Qualifying Circumstance – if the land involved is part of the public domain, the
maximum of the penalty herein provided shall be imposed.
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug
for any person whose physical/physiological condition does not require the use of
thereof.
II. For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and, as such,
are vested with the power to apprehend, arrest, or cause the apprehension or
arrest of any person who shall violate any of the said provision.
NOTE: When the offense is possession or use of dangerous drugs and the accused is
not a recidivist, the penalty thereof shall be deemed to have been served in the center
upon his release therefrom.
7. The period of prescription of the offense charged shall not run during the time
that the respondent/accused is under detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a minor:
Sentence shall be deferred and the accused shall be placed on probation under
the supervision of the Board.
In case of violation of conditions of pardon, court shall pronounce judgement
of conviction and he shall serve sentence.
If accused did not violate conditions of probation, case shall be dismissed
upon expiration of the designated period.
Notes:
a Cultivation of plants – Sec 9 – land, portions of land, greenhouse on which any of
the plants is cultivated – confiscated and escheated to the State. UNLESS: owner can
prove that he had no knowledge of the cultivation despite due diligence
c Possession of opium pipe and other paraphernalia – prima facie evidence that the
possessor has smoked, consumed, administered himself, used prohibited drugs
Opium 40 grams up
Morphine 40 grams up
Heroin 40 grams up
MJ resin 50 grams up
Cocaine 40 grams up
(if quantity is less than prescribed – penalty is PC to RP depending upon the quantity)
1. If prosecution can prove the crime without presenting the informer or asset –
not necessary because their testimonies are merely corroborative. Poseur buyer
– it depends on whether the prosecution can prove the crime without their
testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime has been
committed while the accused was high on drugs (P v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be aware that what he
is selling or delivering was prohibited drug. But the moment the fact of sale or
delivery is proved by prosecution, the burden to prove that the accused is not
aware that drugs are prohibited falls on the defense (P v. Aranda)
4. P v. Angelito Manalo – burden of proving the authority to possess shabu is a
matter of defense
5. P v. Hilario Moscaling – court may take judicial notice of the word “shabu”
6. Criminal liabilities of a policeman who sold the drugs confiscated from a
pusher: violation of RA 6425 and malversation under RPC.
under 18 at time of commission but not more than 21 at time when judgment
was promulgated
found guilty of possession or use of prohibited or regulated drugs
not been previously convicted of violating any provision of this Act or the
RPC
not been placed on probation
defer sentence, place on probation for 6 months to 1 year
violation of probation – pronounce sentence – convict and serve sentence
no violation – discharge him and dismiss the proceeding
if minor is drug dependent – commit to a center for treatment and
rehabilitation
TITLE SIX
PD 483
Acts Punishable:
PD 449
1. Scope – This law shall govern the establishment, operation, maintenance and
ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing laws shall be
allowed to own, manage and operated cockpits.
2. Only one cockpit shall be allowed in each city or municipality with a
population of 100,000 or less.
3. Cockpits shall be constructed and operated within the appropriate areas
as prescribed in the Zoning Law or ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in licensed cockpits during
Sundays and legal holidays and during local fiestas for not
more than 3 days; or
2. During provincial, city or municipal, agricultural, commercial
or industrial fair, carnival or exposition for a similar period of 3
days upon resolution of the province, city or municipality
where such fair, carnival or exposition is to be held, subject to
the approval of the Chief of Constabulary or his authorized
representative.
Limitations:
Limitations: This privilege shall be extended for only one time, for a period not
exceeding 3 days, within a year to a province, city or municipality.
Grave scandal: consists of acts which are offensive to decency and good
customs. They are committed publicly and thus, give rise to public scandal to
persons who have accidentally witnessed the acts
Decency: means properly observing the requirements of modesty, good taste
etc
Customs: refers to established usage, social conventions carried on by
tradition and enforced by social disapproval in case of violation
If the acts complained of are punishable under another provision of the RPC,
Art 200 is not applicable
The essence of grave scandal is publicity and that the acts committed are not
only contrary to morals and good customs but must likewise be of such
character as to cause public scandal to those witnessing it.
Article 201
Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to public
morals
2. Authors of obscene literature, published with their knowledge in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene literature
5. Those who exhibit indecent or immoral plays, scenes, acts or shows ion
theaters, fairs, cinemas or any other place
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals
Article 202
1. Those who have no apparent means of subsistence and who have the physical
ability to work yet neglect to apply themselves to some useful calling
2. Persons found loitering around public and semi-public places without visible
means of support
3. Persons tramping or wandering around the country or the streets with no
visible means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with prostitutes (may
include even the rich)
6. Persons found loitering in inhabited or uninhabited places belonging to others,
without any lawful or justifiable reason provided the act does not fall within
any other article of the RPC
Article 203
Notes:
Malfeasance Doing of an act which a public officer should not have done
Misfeasance Improper doing of an act which a person might lawfully do
Nonfeasance Failure of an agent to perform his undertaking for the principal
ELEMENTS OF KNOWINGLY RENDERING AN UNJUST
JUDGMENT:
1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
Notes:
Article 205
1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
Manifestly unjust judgment: one that is so contrary to law that even a person
having meager knowledge of the law cannot doubt the injustice
Article 206
Article 207
Article 208
1. That the offender is a public officer or officer of the law who has a duty to
cause the prosecution of, or to prosecute offenses.
2. That there is dereliction of the duties of his office, that is, knowing the
commission of the crime, he does not cause (a) the prosecution of the criminal
(People vs. Rosales, G.R. no. 42648) or (b) knowing that a crime is about to be
committed he tolerates its commission (if gift/promise is a consideration for
his conduct: direct bribery)
3. That the offender acts with malice and deliberate intent to favor the violator of
the law.
Article 210
1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or present by
himself or through another
3. That such offer or promise be accepted or gift/present received by the public
officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of consideration is not
necessary) or
2. in consideration of an execution if an act which does not constitute a
crime, but the act must be unjust (delivery of consideration is
necessary), or
3. to refrain from doing something which is his official duty to do
4. That the act which the offender agrees to perform or which he executes
be connected with the performance of his official duties
RA 3019
Persons Liable:
1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any public official
who shall capitalize or exploit or take advantage of such family or close
personal relation by directly or indirectly requesting or receiving any present,
gift, or material, or pecuniary advantage from any person having some
business, transaction, application, request, or contact with the government in
which such public official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official to
commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the 3rd civil
degree, of the president of the Philippines, the vice-president, the president of
the Senate, or speaker of the house of Representatives, who shall intervene,
directly or indirectly, in any business transaction, contract or application with
the gov’t (Sec. 5).
1. Any person who, prior to the assumption of office of any of the above officials
to whom he is related, has been already dealing with the gov’t along the same
line of business;
2. Any transaction, contract or application already existing or pending at the time
of such assumption of public office;
3. Any application filed by him, the approval of which is not discretionary on the
part of the official(s) concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a
profession.
5. Any member of congress, during the term for which he has been elected, who
shall acquire or receive any personal pecuniary interest in any specific
business enterprise which shall be directly and particularly favored or
benefited by any law or resolution authored by him previously approved or
adopted by Congress during his term.
6. Any public officer who shall fail to file a true, detailed and sworn statement of
assets and liabilities within 30 days after assuming office and thereafter on or
before the 15th day of April following the close of every calendar year, as well
as upon the expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
If a public official has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an amount of property
and/or money manifestly out of proportion to his salary and to his other lawful
income.
Properties in the name of the spouse and dependents of such public official
may be taken into consideration, when their acquisition through legitimate
means cannot be satisfactorily shown.
Bank deposits in the name of or manifestly excessive expenditures incurred by
the public official, his spouse or any of their dependents including but not
limited to activities in any club or association or any ostentatious display of
wealth including frequent travel abroad of a non-official character by any
public official when such activities entail expenses evidently out of proportion
to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original
jurisdiction of the
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in
15 years (Sec. 11).
Article 211
The gift is given in anticipation of future favor from the public officer
There must be clear intention on the part of the public officer to take the gift
offered and consider the property as his own for that moment. Mere physical
receipt unaccompanied by any other sign, circumstance or act to show such
acceptance is not sufficient to convict the officer
There is no attempted or frustrated indirect bribery
The principal distinction between direct and indirect bribery is that in the
former, the officer agrees to perform or refrain from doing an act in
consideration of the gift or promise. In the latter case, it is not necessary that
the officer do any act. It is sufficient that he accepts the gift offered by reason
of his office
Public officers receiving gifts and private persons giving gifts on any
occasion, including Christmas are liable under PD 46.
The criminal penalty or imprisonment is distinct from the administrative
penalty of suspension from the service
Article 211-A
Article 212
1. That the offender makes offers or promises or gives gifts or present to a public
officer.
2. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct
bribery or indirect bribery
The offender is the giver of the gift or the offeror of the promise. The act may
or may not be accomplished
Under PD 749, givers of bribes and other gifts as well as accomplices in
bribery and other graft cases are immune from prosecution under the
following circumstances:
Article 213
Notes:
1. The offender is a public officer entrusted with the collection of taxes, licenses,
fees and other imposts.
2. He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums different from
or larger than those authorized by law, or
2. failing voluntarily to issue a receipt, as provided by law, for any sum
of money collected by him officially, or
3. Collecting or receiving, directly or indirectly, by way of payment or
otherwise, things or objects of a nature different from that provided by
law.
Notes:
Article 214
Note: RTC has jurisdiction over the offense because the principal penalty is
disqualification
Article 215
Notes:
Article 216
Notes:
RA 7080
Any asset, property, business enterprise or material possession of any person 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. Persons Liable:
1. Any public officer who, by himself or in connivance with members of
his family, relatives by affinity or consanguinity, business associates
and subordinates or other persons, amasses, accumulates, or acquires
ill-gotten wealth through a combination or series of overt or criminal
acts as described under (I) in the aggregate amount or total value of at
least 50 million pesos, shall be guilty of the crime of plunder (as
amended by RA 7659).
2. Any person who participated with the said public officer in the
commission of plunder.
1. Rule of Evidence:
For purposes of establishing the crime of plunder, it shall not be necessary to prove
each and every criminal act done by the accused in furtherance of the scheme and
conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
1. Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the right of the State to
recover properties unlawfully acquired by public officers from them or from their
nominees or transferees shall not be barred by prescription, laches or estoppel.
Article 217
1. That the offender be a public officer (or private person if entrusted with public
funds or connived with public officers)
2. That he had the custody or control of funds or property (if not accountable for
the funds, theft or qualified theft)
3. That those funds or property were public funds or property (even if private
funds if attached, seized, deposited or commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence, permitted any other
person to take such public funds or property. (it is not necessary that
the offender profited thereby. His being remiss in the duty of
safekeeping public funds violates the trust reposed)
Article 218
Article 219
Note: The act of leaving the Philippines must be unauthorized or not permitted
by law
Article 220
To distinguish this article with Art 217, just remember that in illegal use of
public funds or property, the offender does not derive any personal gain, the
funds are merely devoted to some other public use
Absence of damage is only a mitigating circumstance
Article 221
Article 222
Article 224
Article 225
Note: This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 226
The document must be complete and one by which a right could be established
or an obligation could be extinguished
Books, periodicals, pamphlets etc are not documents
“Papers” would include checks, promissory notes and paper money
A post office official who retained the mail without forwarding the letters to
their destination is guilty of infidelity in the custody of papers
Removal of a document or paper must be for an illicit purpose. There is illicit
purpose when the intention of the offender is to:
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in the official thereof
Article 227
ELEMENTS OF OFFICER BREAKING SEAL :
It is the breaking of the seals and not the opening of a closed envelope which
is punished
Damage or intent to cause damage is not necessary; damage is presumed
Article 228
Article 229
Notes:
Notes:
Article 230
V. OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
OFFICERS
Article 231
Note: Judgment should have been rendered in a hearing and issued within
proper jurisdiction with all legal solemnities required
Article 232
Note: A public officer is not liable if the order of the superior is illegal
Article 233
Article 234
Note: Even if the person did not run for the office on his own will as the
Constitution provides that every citizen may be required to render service
Article 235
The public officer must have actual charge of the prisoner in order to be held
liable
To be considered a detention prisoner, the person arrested must be placed in
jail even for just a short while
Offender may also be held liable for physical injuries or damage caused
Article 236
Article 237
ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND
POWERS:
Note: The article contemplates officers who have been suspended, separated
or declared over-aged or dismissed
Article 238
1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason
4. espionage
5. inciting to war or giving motives to reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy country
9. piracy and mutiny on the high seas
10. rebellion
11. conspiracy and proposal to commit rebellion
12. disloyalty to public officers
13. inciting to rebellion
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition
Article 240
Note: Legislative officers are not liable for usurpation of executive functions
Article 241
Note: A mayor is guilty under this article when he investigates a case while a
justice of the peace is in the municipality
Article 242
Note: Legislative or judicial officers are not liable under this article
Article 244
Article 245
The mother of the person in the custody of the public officer is not included
Solicit: means to propose earnestly and persistently something unchaste and
immoral to a woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when there is sexual intercourse
TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
Notes:
1. The relationship of the offender with the victim is the essential element of the
felony
2. Parents and children are not included in the term “ascendants” or
“descendants”
3. The other ascendant or descendant must be legitimate. On the other hand, the
father, mother or child may be legitimate or illegitimate
4. The child should not be less than 3 days old. Otherwise, the offense is
infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for murder or
homicide
7. Even if the offender did not know that the person he had killed is his son, he is
still liable for parricide because the law does not require knowledge of the
relationship
Requisites:
1. A legally married person or parent surprises his spouse or daughter (the latter
must be under 18 and living with them) in the act of committing sexual
intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of them any
serious physical injury in the act or immediately thereafter
3. He has not promoted or facilitated the prostitution of his wife or daughter, or
that he has not consented to the infidelity of the other spouse.
Notes:
Notes:
Notes:
Notes:
Acts punishable:
Notes:
1. The offender must shoot at another with any firearm without intention of
killing him. If the firearm is not discharged at a person, the act is not punished
under this article
2. A discharge towards the house of the victim is not discharge of firearm. On
the other hand, firing a gun against the house of the offended party at random,
not knowing in what part of the house the people were, it is only alarm under
art 155.
3. Usually, the purpose of the offender is only to intimidate or frighten the
offended party
4. Intent to kill is negated by the fact that the distance between the victim and the
offender is 200 yards
5. A person can be held liable for discharge even if the gun was not pointed at
the offended party when it fired for as long as it was initially aimed at or
against the offended party.
Notes:
1. When the offender is the father, mother or legitimate ascendant, he shall suffer
the penalty prescribed for parricide. If the offender is any other person, the
penalty is that for murder. In either case, the proper qualification for the
offense is infanticide
2. When infanticide is committed by the mother or maternal grandmother in
order to conceal the dishonor, such fact is only mitigating
3. The delinquent mother who claims that she committed the offense to conceal
the dishonor must be of good reputation. Hence, if she is a prostitute, she is
not entitled to a lesser penalty because she has no honor to conceal
4. There is no infanticide when the child was born dead, or although born alive it
could not sustain an independent life when it was killed.
Notes:
Notes:
Notes:
1. It is not necessary that the pharmacist knew that the abortive would be used to
cause abortion. What is punished is the act of dispensing an abortive without
the proper prescription. It is not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to cause abortion and
abortion results, he is liable as an accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
Persons liable:
Notes:
Acts punishable:
Persons liable:
1. Challenger
2. Instigators
1. A. MUTILATION: (262)
Kinds of Mutilation
Elements:
Notes:
How Committed
1. Wounding
2. Beating
3. Assaulting
4. Administering injurious substances
Notes:
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action
of the nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear.
Meanwhile, loss of the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not
a principal one of his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of
some other part of the body
14. If the injury would require medical attendance for more than 30 days, the illness
of the offended party may be considered as lasting more than 30 days. The fact that
there was medical attendance for that period of time shows that the injuries were not
cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of
the injury. Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the
period of the illness or incapacity for labor, there must be evidence of the length of
that period. Otherwise, the offense will only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although
less effectively than before
19. Serious physical injuries is qualified when the crime is committed against the
same persons enumerated in the article on parricide or when it is attended by any of
the circumstances defining the crime of murder. However, serious physical injuries
resulting from excessive chastisement by parents is not qualified serious physical
injuries
Notes:
Notes:
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9 days or
required medical attendance during the same period
2. That which did not prevent the offended party from engaging in his habitual
work or which did not require medical attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury (ex. slapping but
without causing dishonor)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime
Against Persons incorporated into Title 8 of the RPC to be known as Chapter 3
1. By a man who have carnal knowledge of a woman under any of the following
circumstances:
1. through force, threat or intimidation
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, even
though none of the circumstances mentioned above be present
5. By any person who, under any of the circumstances mentioned in par 1
hereof, shall commit an ac of sexual assault by inserting
1. his penis into another person’s mouth or anal orifice, or
2. any instrument or object, into the genital or anal orifice of
another person
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of rape
2. b. the rape is attempted and a homicide is committed by reason or on
the occasion thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities or any law
enforcement or penal institution
4. committed in full view of the spouse, parent or any of the children or
other relatives within the 3rd degree of consanguinity
5. victim is a religious engaged in legitimate religious vocation or calling
and is personally known to be such by the offender before or at the
time of the commission of the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS or any other
sexually transmissible disease and the virus is transmitted to the victim
8. h. offender; member of the AFP, or para-military units thereof, or
the PNP, or any law enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the commission of
the crime
9. victim suffered permanent physical mutilation or disability
10. j. the offender knew of the pregnancy of the offended party at the
time of the commission of the crime; and
11. k. when the offender knew of the mental disability, emotional
disorder and/or physical handicap or the offended party at the time of
the commission of the crime
Notes:
TITLE NINE
1.
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner deprives the
latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the following
circumstances are present (becomes serious)
1. that the he kidnapping/detention lasts for more than 3 days
2. that it is committed simulating public authority
3. that any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made, or
4. that the person kidnapped or detained is a minor (except if
parent is the offender), female or a public officer
1. if kidnapping is committed for the purpose of extorting ransom either from the
victim or from any other person even if none of the aforementioned are
present in the commission of the offense (even if none of the circumstances
are present)
2. when the victim is killed or dies as a consequence of the detention or is raped
or is subjected to torture or dehumanizing acts
1.
1. Offender is a private person
2. He kidnaps or detains another or in any other maner deprives him pof
his liberty / furnished place for the perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
4. That the crime is committed without the attendant of any of the
circumstances enumerated in Art 267
If the offender:
Notes:
1.
1. That the offender is entrusted with the custody of a minor person
(whether over or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his parents
1.
1. That the minor (whether over or under 7) is living in the home of his
parents or guardians or the person entrusted with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. That the offender compels a debtor to work for him, either as household
servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a debt.
Acts punishable:
Elements:
Notes:
Acts punished:
Elements:
Elements:
Acts punished:
Note: Qualifying Circumstance – if the delivery of the child to any person following
any of the callings of acrobat, rope-walker, diver or wild-animal trainer or circus
manager or to any habitual vagrant of beggar is made in consideration of any price,
compensation or promise, the penalty is higher.
Notes:
8. Medina case: when the accused entered the dwelling through the window, he had
no intent to kill any person inside, but the intention to kill came to his mind when he
was being arrested by the occupants thereof, the crime of trespass to dwelling is a
separate and distinct offense from frustrated homicide
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or the
caretaker thereof.
Acts punishable:
1. By threatening another with the infliction upon his person, honor or property
that of his family of any wrong amounting to a crime and demanding money
or imposing any other condition, even though not unlawful and the offender
(Note: threat is with condition)
Elements:
1. That the offender threatens another person with the infliction upon the latter’s
person, honor or property, or upon that of the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition is imposed, even
though not unlawful.
4. That the offender attains his purpose.
5. By making such threat without the offender attaining his purpose
6. By threatening another with the infliction upon his person, honor or property
or that of his family of any wrong amounting to a crime, the threat not being
subject to a condition (Note: threat is without condition)
Elements:
1. That the offender threatens another person with the infliction upon the latter’s
person, honor or property, or upon that of the latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a middleman
2. Frustrated – if not received by the person being threatened
3. Art 284 bond from good behavior may be imposed (only in these offenses)
ELEMENTS OF NO. 2
1. That the offender pays the wages due a laborer or employee employed by him
by means of tokens or objects.
2. That those tokens or objects are other than the legal tender currency to the
Philippines.
3. That such employee or laborer does not expressly request that he be paid by
means of tokens or objects.
1. That the offender is a private individual or even a public officer not in the
exercise of his official function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
4. That offender is informed of the contents or the papers or letters seized.
Notes:
TITLE TEN
Notes:
1. Belonging to another – person from whom property was taken need not be the
owner, legal possession is sufficient
2. Name of the real owner is not essential so long as the personal property taken
does not belong to the accused except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if given in trust – estafa
4. As to robbery with violence or intimidation – from the moment the offender
gains possession of the thing even if offender has had no opportunity to
dispose of the same, the unlawful taking is complete
5. As to robbery with force upon things – thing must be taken out of the building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the taking – grave
coercion
9. Violence or intimidation must be against the person of the offended party, not
upon the thing
10. General rule: violence or intimidation must be present before the “taking” is
complete
11. Except: when violence results in – homicide, rape, intentional mutilation or any
of the serious physical injuries in par 1 and 2 of art 263, the taking of the property is
robbery complexed with any of these crimes under art 294, even if taking is already
complete when violence was used by the offender
12. Use of force upon things – entrance to the building by means described in arts 299
and 302 (offender must enter)
13. When both violence or intimidation and force upon things concur – it is robbery
with violence
Robbery Bribery
X didn’t commit crime but is intimidated to X has committed a crime and gives
deprive him of his property money as way to avoid arrest or
prosecution
Deprived of Php thru force or intimidation Giving of Php is in one sense voluntary
Neither Transaction is voluntary and mutual
Ex. defendant demands payment of P2.00
with threats of arrest and prosecution,
therefore, robbery because (a) intent to gain
and (b) immediate harm
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI – insane,
imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any
such member, incapacitated for work habitually engaged in
4. Violence/intimidation shall have been carried to a degree clearly unnecessary
for the crime or when in the cause of its execution – SPI/deformity, or shall
have lost any part of the body or the use thereof or shall have been ill or
incapacitated for the performance of the work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight physical
injuries
Notes:
Notes:
notes:
Notes:
1. That the offender entered (a) an inhabited house, or (b) public buildings, or (c)
edifice devoted to religious worship.
2. That the entrance was effected by any of the following means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door or window.
3. By using false keys, picklocks or similar tools or.
4. By using any fictitious name or pretending the exercise of public
authority.
5. That once inside the building, the offender took personal property
belonging to another with intent to gain.
Notes:
10. Outside door must be broken, smashed. Theft – if lock is merely removed or door
was merely pushed
11. False keys – genuine keys stolen from the owner or any keys other than those
intended by the owner for use in the lock
14. False key – used in opening house and not furniture inside, otherwise, theft (for
latter to be robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
Notes:
Notes:
1. That the offender entered an uninhabited place or a building which was not a
dwelling house, not a public building, or not an edifice devoted to religious
worship.
2. that any of the following circumstances was present:
3. That with intent to gain the offender took therefrom personal property
belonging to another.
1. That entrance was effected through an opening not intended for entrance or
egress.
2. A wall, roof, floor, or outside door or window was broken.
3. The entrance was effected through the use of false keys, picklocks or other
similar tools.
4. A door, wardrobe, chest, or any sealed or closed furniture or receptacle was
broken or
5. A closed or sealed receptacle was removed, even if the same be broken open
elsewhere.
Notes:
1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the lock forcibly
opened by the offender
Notes:
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Purpose:
a. Robbery in highway
Presumption of Brigandage:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom; (b) extortion or
other unlawful purpose; (c) taking away of property by violence or
intimidation or force upon things or other unlawful means
2. Committed by any person
3. On any Phil hi-way
III. THEFT
Persons liable:
1. Those who
b) but without violence against or intimidation of persons not force upon things
c) take
d) personal property
e) of another
1. Those who
Notes:
b) remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for
himself
1. Those who
b) trespass is forbidden or which belongs to another and, without the consent of its
owner
c) hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
Notes:
1. Theft is consummated when offender is able to place the thing taken under his
control and in such a situation as he could disclose of it at once (though no
opportunity to dispose) i.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning there has to be
capacity to dispose of the things). Otherwise, P v. Espiritu – full possession is
enough
3. Servant using car without permission deemed qualified theft though use was
temporary
4. Reyes says: there must be some character of permanency in depriving owner
of the use of the object and making himself the owner, therefore must exclude
“joyride”
5. Theft: if after custody (only material possession) of object was given to the
accused, it is actually taken by him (no intent to return) e.g. felonious
conversion. But it is estafa if juridical possession is transferred e.g., by
contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking of Php is theft
9. If offender claims property as his own (in good faith) – not theft (though later
found to be untrue. If in bad faith – theft)
10. Gain is not just Php – satisfaction, use, pleasure desired, any benefit (e.g. joyride)
Notes:
1. That the offender takes possession of any real property or usurps any real
rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the offender in
occupying real property or usurpation real rights in property.
4. That there is intent to gain.
V. CULPABLE INSOLVENCY
1. That the offender is a debtor; that is, he was obligations due and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.
Notes:
c. thing delivered has not been fully or partially paid for – not estafa
1. There must be prejudice to another – not necessary that offender should obtain
gain
2. When in the prosecution for malversation the public officer is acquitted, the
private individual allegedly in conspiracy with him may be held liable for
estafa
1. That the paper with the signature of the offended party be in blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is written by the
offender without authority to do so.
4. That the document so written creates a liability of, or causes damage to, the
offended party or any third person.
Note: If the paper with signature in blank was stolen – Falsification if by making it
appear that he participated in a transaction when in fact he did not so participate.
Notes:
dishonored for the same reason had not the drawee, without any valid reason, ordered
the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge
of lack and insufficiency
1. That a person has sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within
Note: Failure to make good within 5 banking days prima facie evididence of
knowledge of lack and insufficiency
Note: If offended party willingly signed the document and there was deceit as to the
character or contents of the document – falsification; but where the accused made
representation to mislead the complainants as to the character of the documents –
estafa
1. That there be court records, office files, documents or any other papers.
2. That the offender removed, concealed or destroyed any of them.
3. That the offender had intent to defraud another.
1. The offender party being deprived of his money or property, as a result of the
defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
1. That personal property is already pledged under the terms of the chattel
mortgage law.
2. That the offender, who is the mortgagee of such property, sells or pledges the
same or any part thereof.
3. That there is no consent of the mortgagee written on the back of the mortgage
and noted on the record thereof in the office of the register of deeds.
(Note: PD 1613 expressly repealed or amended Arts 320-326, but PD 1744 revived
Art 320)
1. That an uninhabited hut, storehouse, barn, shed or any other property is burned
2. That the value of the property burned does not exceed 25 pesos
3. That the burning was done at a time or under circumstances which clearly
exclude all danger of the fire spreading
1. explosion
2. discharge of electric current
3. inundation
4. sinking or stranding of a vessel
5. damaging the engine of the vessel
6. taking up rails from the railway track
7. destroying telegraph wires and posts or those of any other system
8. other similar effective means of destruction
D. ELEMENTS OF ARSON
Notes:
Notes:
1. Theft
2. Swindling
3. Malicious mischief
Notes: