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ATENEO CENTRAL BAR OPERATIONS 2007 Crimi PDF
ATENEO CENTRAL BAR OPERATIONS 2007 Crimi PDF
Criminal Law
SUMMER REVIEWER
retroactive effect.
Exception: when the law is favorable to the
accused
BOOK I Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
CRIMINAL LAW – A branch of municipal law which b. Offender is a habitual criminal
defines crimes, treats of their nature and provides for
their punishment. Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
Characteristics of Criminal Law: choose between good and evil, that is why
1. General – binding on all persons who reside more stress is placed upon the result of the
or sojourn in the Philippines felonious act than upon the criminal himself.
Exceptions: The purpose of penalty is retribution. The
a. Treaty Stipulation RPC is generally governed by this theory.
b. Laws of Preferential Application
c. Principles of Public International Law 2. Positivist Theory – basis is the sum of
Ex: social and economic phenomena which
i. sovereigns and other chiefs of conditions man to do wrong in spite of or
state contrary to his volition. This is exemplified in
ii. Ambassadors, ministers the provisions on impossible crimes and
plenipotentiary, minister resident habitual delinquency.
and charges d’affaires
(BUT consuls, vice-consuls and other 3. Mixed Theory – combination of the classical
foreign commercial representatives and positivist theories wherein crimes that
CANNOT claim the privileges and are economic and social in nature should be
immunities accorded to ambassadors and dealt in a positive manner. The law is thus
ministers.) more compassionate.
—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—
Criminal Law Summer Reviewer
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BOOK ONE
GENERAL PROVISIONS ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa
ART.1: TIME WHEN ACT TAKES EFFECT NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.
RPC took effect February 1, 1932.
Classification Of Felonies According To The
Means By Which They Are Committed:
ART. 2: APPLICATION OF ITS PROVISIONS
1. Intentional Felonies- by means of deceit
RULES: (dolo)
1. Philippine vessel or airship – Philippine Requisites:
law shall apply to offenses committed in a. freedom
vessels registered with the Philippine Bureau b. intelligence
of Customs. It is the registration, not the c. intent.
citizenship of the owner which matters.
2. Foreign vessel MISTAKE OF FACT – misapprehension of
a. French Rule fact on the part of the person who caused
General Rule: Crimes committed aboard injury to another. He is not criminally liable.
a foreign vessel within the territorial Requisites:
waters of a country are NOT triable in the a. the act done would have been lawful
courts of such country. had the facts been as the accused
Exception: commission affects the believed them to be
peace and security of the territory, or bintention is lawful
the safety of the state is endangered. b. mistake must be without fault or
carelessness by the accused
b. English Rule
General Rule: Crimes committed aboard 2. Culpable Felonies- by means of fault (culpa)
a foreign vessel within the territorial Requisites:
waters of a country are triable in the a. freedom
courts of such country. b. intelligence
Exception: When the crime merely c. negligence (lack of foresight) and
affects things within the vessel or it imprudence (lack of skill)
refers to the internal management
thereof.
*This is applicable in the Philippines. MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
Title One: FELONIES QuickTime™
AND CIRCUMSTANCES
and a
moral trait of considered not considered
WHICH AFFECT CRIMINAL
TIFF (Uncompressed) LIABILITY
decompressor
are needed to see this picture.
offender
good faith as a valid defense, not a defense;
defense unless the crime is intent not
Chapter One: FELONIES the result of culpa necessary-
sufficient that the
Felonies – acts and omissions punishable by the offender has the
Revised Penal Code intent to perpetrate
the act prohibited
Crime – acts and omissions punishable by any law by the special law
Act – an overt or external act
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3. ATTEMPTED
PROXIMATE CAUSE – the cause, which in the
Elements:
natural and continuous sequence unbroken by any
a. offender commences the felony directly
efficient intervening cause, produces the injury,
by overt acts
without which the result would not have occurred
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance
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Crimes, which do not admit of Frustrated and ART. 8: CONSPIRACY AND PROPOSAL TO
Attempted Stages: COMMIT FELONY
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Exception to the exception: When the act 1 month and 1 day to 6 years
constitutes an indivisible offense. 3. Light felonies - arresto menor (1 day to 30
days)
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual ART. 10: OFFENSES NOT SUBJECT TO THE
commission of the crime itself, or PROVISIONS OF THIS CODE
2. Moral assistance to his co-conspirators by
being present at the time of the General Rule: RPC provisions are supplementary to
commission of the crime, or special laws.
3. Exerting a moral ascendance over the Exceptions:
other co-conspirators by moving them to 1. when special law provides otherwise
execute or implement the criminal plan 2. when provision of RPC are impossible of
People v. Abut, et al. (GR No. 137601, April 24, application, either by express provision
2003) or by necessary implication
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2. reasonable necessity of the means employed NOTE: The accused must prove that he was duly
to prevent or repel it appointed to the position claimed he was discharging
3. In case the provocation was given by the at the time of the commission of the offense. It must
person attacked, the one making the defense also be shown that the offense committed was the
had no part in such provocation. necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.
Relative entitled to the defense:
1. spouse Par. 6 Obedience to a Superior Order
2. ascendants
3. descendants Elements:
4. legitimate, natural or adopted brothers and 1. an order has been issued
sisters, or relatives by affinity in the same 2. order has a lawful purpose (not patently
degrees illegal)
th
5. relatives by consanguinity within the 4 civil 3. means used by subordinate to carry out said
degree order is lawful
NOTE: The relative defended may be the original NOTE: The superior officer giving the order cannot
aggressor. All that is required to justify the act of the invoke this justifying circumstance. Good faith is
relative defending is that he takes no part in such material, as the subordinate is not liable for carrying
provocation. out an illegal order if he is not aware of its illegality
and he is not negligent.
Par. 3 Defense of Stranger General Rule: Subordinate cannot invoke this
Elements: circumstance when order is patently illegal.
1. unlawful aggression (indispensable Exception: When there is compulsion of an
requirement) irresistible force, or under impulse of
2. reasonable necessity of the means employed uncontrollable fear.
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury) EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
Elements: in the agent of the crime any of the conditions which
1. evil sought to be avoided actually exists make the act voluntary or negligent.
2. injury feared be greater than that done to
avoid it Basis: The exemption from punishment is based on
3. no other practical and less harmful means of the complete absence of intelligence, freedom of
preventing it action, or intent, or on the absence of negligence on
the part of the accused.
NOTE: The necessity must not be due to the
negligence or violation of any law by the actor. Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
QuickTime™ and a
Par. 5 FulfillmentTIFFof(Uncompressed)
Duty or decompressor
Lawful Exercise of defendant to the satisfaction of the court.
are needed to see this picture.
a Right or Office
Justifying Exempting
Elements:
Who/what Act Actor
1. accused acted in the performance of duty or
in the lawful exercise of a right or office is
2. the injury caused or offense committed be affected?
the necessary consequence of the due Nature of act is considered act is wrongful but
performance of the duty, or the lawful act legal actor not liable
exercise of such right or office. Existence None Yes, but since
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of a crime voluntariness is absent the consequences of the unlawful act, which is shown
the actor is not liable by the:
Liability No criminal and civil No criminal liability but 1. manner the crime was committed
liability BUT there is there is civil liability 2. conduct of the offender after its commission
civil liability as to EXCEPT as to Art.
NOTE: Under R.A. 9344 a minor over 15 but but
Art.11(4) (state of 12(4) (injury by mere
below 18 who acted without discernment is
necessity) accident) and (7)
exempt from criminal liability
(lawful cause)
Par. 4 Accident without fault or intention of
Par. 1 Imbecility or Insanity causing it
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> 70 Mitigated responsibility, no imposition of This provision addresses the intention of the offender
death penalty, execution of death at the particular moment when the offender executes
sentence may be suspended and or commits the criminal act, not to his intention during
commuted the planning stage
NOTE: This applies when not all the requisites are Provocation Vindication
present. Made directly only to the Grave offense may be also
If two requisites are present, it is considered a person committing the against the offender’s
privileged mitigating circumstance. However, in felony relatives mentioned by law
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating Cause that brought Offended party must have
circumstance. Remember though, that in self-
about the provocation done a grave offense to the
defense, defense of relative or stranger, unlawful
need not be a grave offender or his relatives
aggression must always be present as it is an
indispensable requirement. offense
Necessary that May be proximate. Time
provocation or threat interval allowed
Par. 2 Under 18 or Over 70 Years Old immediately preceded
the act. No time interval
NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Requisites:
1. provocation must be sufficient
Par. 3 No Intention to Commit so Grave a
2. it must originate from the offended party
Wrong
3. must be immediate to the commission of the
NOTE: Can be used only when
QuickTime™ and a the proven facts
TIFF (Uncompressed) decompressor crime by the person who is provoked
show that there is a notable
are needed toand
see thisevident
picture. disproportion
between the means employed to execute the criminal NOTE: Threat should not be offensive and positively
act and its consequences. strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
Factors that can be considered are: thus no longer a mitigating circumstance.
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime
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3rd person
Par. 5 Vindication of Grave Offense Must come from lawful sentiments Unlawful
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The offender is deaf and dumb, blind or otherwise BASIS: The greater perversity of the offender
suffering from some physical defect, restricting his manifested in the commission of the felony as shown
means of action, defense or communication with by:
others. 1. the motivating power itself,
2. the place of the commission,
NOTE: The physical defect must relate to the offense 3. the means and ways employed
committed. 4. the time, or
5. the personal circumstances of the offender,
or the offended party.
Par. 9 Illness of the Offender
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maximum period but penalty than that act of all, regardless of lack of knowledge of the
without exceeding the specially prescribed facts constituting the circumstance. (Art. 62, par.
limit prescribed by law by law for said 4)
crimes (People v.
Bayot, 64Phil269, 5. Aggravating circumstances, regardless of its
273) kind, should be specifically alleged in the
If not alleged in the To be considered information AND proved as fully as the crime
information, a as such, MUST be itself in order to increase the penalty. (Sec. 9,
qualifying aggravating alleged in the Rule 110, 2000 Rules of Criminal Procedure)
circumstance will be information
considered generic 6. When there is more than one qualifying
May be offset by a Cannot be offset by a aggravating circumstance present, one of them
mitigating circumstance. mitigating will be appreciated as qualifying aggravating
circumstance while the others will be considered as generic
aggravating.
RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if: ART. 14: AGGRAVATING CIRCUMSTANCES
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime Par. 1. That advantage be taken by the offender of
with a penalty prescribed, and therefore his public position
shall not be taken into account for the
purpose of increasing the penalty. Requisites:
Ex: “That the crime be committed by means of 1. Offender is public officer
…fire,…explosion” (Art. 14, par. 12) is in itself a 2. Public officer must use the influence,
crime of arson (Art. 321) or a crime involving prestige, or ascendancy which his office
destruction (Art. 324). It is not to be considered to gives him as means to realize criminal
increase the penalty for the crime of arson or for purpose
the crime involving destruction.
It is not considered as an aggravating
2. The same rule shall apply with respect to any circumstance where taking advantage of official
aggravating circumstance inherent in the crime to position is made by law an integral element of the
such a degree that it must of necessity crime or inherent in the offense,
accompany the commission thereof(Art.62, par.2) Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
3. Aggravating circumstances which arise: 171).
a) From the moral attributes of the offender; When the public officer did not take advantage of
b) From his private relations with the offended the influence of his position, this aggravating
party; or circumstance is not present
c) From any personal cause, NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
shall only serve to aggravate the liability of the Art. 19, par. 3 (harboring, concealing, or assisting
principals, accomplices and accessories as to in the escape of the principal of the crime), and in
whom such circumstances are attendant. (Art.
QuickTime™ and a
crimes committed by public officers (Arts. 204-
62, par. 3) TIFF (Uncompressed) decompressor
are needed to see this picture.
245).
4. The circumstances which consist : Par. 2. That the crime be committed in contempt
a) In the material execution of the act, or of or with insult to public authorities
b) In the means employed to accomplish it,
Requisites:
shall serve to aggravate the liability of only those 1. That the public authority is engaged in the
persons who had knowledge of them at the time exercise of his functions.
of the execution of the act or their cooperation 2. That he who is thus engaged in the exercise
therein. Except when there is proof of conspiracy of said functions is not the person against
in which case the act of one is deemed to be the whom the crime is committed.
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3. The offender knows him to be a public reference to others (There must be a difference in the
authority. social condition of the offender and the offended
4. His presence has not prevented the offender party).
from committing the criminal act.
AGE – may refer to old age or the tender age of the
PERSON IN AUTHORITY – public authority, or victim.
person who is directly vested with jurisdiction and has
the power to govern and execute the laws SEX– refers to the female sex, not to the male sex.
Ex:
1. Governor The AC of disregard of rank, age, or sex is not
2. Mayor applicable in the following cases:
3. Barangay captain/ chairman 1. When the offender acted with passion and
4. Councilors obfuscation.
5. Government agents 2. When there exists a relationship between the
6. Chief of Police offended party and the offender.
3. When the condition of being a woman is
NOTE: A teacher or professor of a public or indispensable in the commission of the
recognized private school is not a “public authority crime.
within the contemplation of this paragraph. While he (Ex: in parricide, abduction, seduction
is a person in authority under Art. 152, that status is and rape)
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience). People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
The crime should not be committed against the treachery because treachery refers to the manner of
public authority (otherwise it will constitute direct the commission of the crime, while disregard of sex
assault under Art.148) and age pertains to the relationship of the victim.
This is NOT applicable when committed in the
presence of a mere agent. DWELLING – must be a building or structure
exclusively used for rest and comfort (combination of
AGENT – subordinate public officer charged w/ the house and store not included), may be temporary as
maintenance of public order and protection and in the case of guests in a house or bedspacers. It
security of life and property includes dependencies, the foot of the staircase and
Ex: barrio vice lieutenant, barrio councilman the enclosure under the house
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2. The violation of the sanctity of the home by 5. The victim is not a dweller of the house.
trespassing therein with violence or against
the will of the owner. Par. 4. That the act be committed with:
(1) abuse of confidence or
Meaning of provocation in the aggravating (2) obvious ungratefulness
circumstance of dwelling:
The provocation must be: There are two aggravating circumstances present
1. Given by the owner of the dwelling, under par.4 which must be independently
2. Sufficient, and appreciated if present in the same case
3. Immediate to the commission of the crime. While one may be related to the other in the factual
situation in the case, they cannot be lumped
NOTE: If all these conditions are present, the together. Abuse of confidence requires a special
offended party is deemed to have given the confidential relationship between the offender and
provocation, and the fact that the crime is committed the victim, while this is not required for there to be
in the dwelling of the offended party is NOT an obvious ungratefulness
aggravating circumstance.
REASON: When it is the offended party who has Requisites Of Abuse Of Confidence:
provoked the incident, he loses his right to the 1. That the offended party had trusted the
respect and consideration due him in his own offender.
house. 2. That the offender abused such trust by
committing a crime against the offended
party.
Dwelling is not aggravating in the following
3. That the abuse of confidence facilitated the
cases:
commission of the crime.
1. When both the offender and the offended
party are occupants of the same house, and
NOTE: Abuse of confidence is inherent in
this is true even if offender is a servant in the
malversation (Art. 217), qualified theft (Art. 310),
house.
estafa by conversion or misappropriation (Art. 315),
exception: In case of adultery in the
and qualified seduction (Art. 337).
conjugal dwelling, the same is
aggravating. However, if the paramour
Requisites of obvious ungratefulness:
also dwells in the conjugal dwelling, the
1. That the offended party had trusted the
applicable aggravating circumstance is
offender;
abuse of confidence.
2. That the offender abused such trust by
committing a crime against the offended
2. When robbery is committed by the use of
party.
force upon things, dwelling is not aggravating
3. That the act be committed with obvious
because it is inherent.
ungratefulness.
However, dwelling is aggravating in
NOTE: The ungratefulness contemplated by par. 4
robbery with violence against or
must be such clear and manifest ingratitude on the
intimidation of persons because this class
part of the accused.
of robbery can be committed without the
necessity of trespassing the sanctity of the
Par. 5. That the crime be committed in the palace
offended party’s house.
of the Chief Executive, or in his presence, or
QuickTime™ and a
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3. In the crimeare needed
of trespass to dwelling, it is
to see this picture.
discharge of their duties, or in a place
inherent or included by law in defining the
dedicated to religious worship.
crime.
Actual performance of duties is not necessary
4. When the owner of the dwelling gave
when crime is committed in the palace or in the
sufficient and immediate provocation.
presence of the Chief Executive
There must exist a close relation between
the provocation made by the victim and the
Requisites Regarding Public Authorities:
commission of the crime by the accused.
1. crime occurred in the public office
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2. public authorities are actually performing NIGHTTIME (obscuridad) – that period of darkness
their public duties beginning at the end of dusk and ending at dawn.
PAR. 5. Where public PAR. 2. Contempt or Commission of the crime must begin and be
authorities are engaged insult to public accomplished in the nighttime. When the
in the discharge of their authorities place of the crime is illuminated by light,
duties nighttime is not aggravating. It is not
FOR BOTH, Public authorities are in the performance considered aggravating when the crime
of their duties began at daytime.
Place where public duty is performed Nighttime is not especially sought for when
In their office. Outside of their office. the notion to commit the crime was
conceived of shortly before commission or
The offended party when crime was committed at night upon a
May or may not be the Public authority should casual encounter
public authority not be the offended However, nighttime need not be specifically
party sought for when (1) it facilitated the
commission of the offense, or (2) the
Requisites (Place Dedicated To Religious offender took advantage of the same to
Worship): commit the crime
1. The crime occurred in a place dedicated to A bare statement that crime was committed
the worship of God regardless of religion at night is insufficient. The information must
2. The offender must have decided to commit allege that nighttime was sought for or taken
the crime when he entered the place of advantage of, or that it facilitated the crime
worship
GENERAL RULE: Nighttime is absorbed in
Except for the third which requires that official treachery.
functions are being performed at the time of the EXCEPTION: Where both the treacherous mode
commission of the crime, the other places of attack and nocturnity were deliberately decided
mentioned are aggravating per se even if no upon in the same case, they can be considered
official duties or acts of religious worship are separately if such circumstances have different
being conducted there. factual bases. Thus:
Cemeteries, however respectable they may be, In People vs. Berdida, et. al. (June 30,
are not considered as place dedicated to the 1966), nighttime was considered since it was
worship of God. purposely sought, and treachery was further
appreciated because the victim’s hands and
Par. 6. That the crime be committed arms were tied together before he was
(1) in the nighttime, or beaten up by the accused.
(2) in an uninhabited place, or In People vs. Ong, et. al. (Jan. 30, 1975),
(3) by a band, there was treachery as the victim was
whenever such circumstance may facilitate stabbed while lying face up and defenseless,
the commission of the offense and nighttime was considered upon proof
that it facilitated the commission of the
NOTE: When present in the same case and their offense and was taken advantage of by the
element are distinctly palpable and can subsist accused.
independently, they shall be considered separately.
QuickTime™ and a
TIFF (Uncompressed) decompressor UNINHABITED PLACE (despoblado) – one where
are needed to see this picture.
When nighttime, uninhabited place or band there are no houses at all, a place at a considerable
aggravating: distance from town, where the houses are scattered
1. When it facilitated the commission of the at a great distance from each other
crime; or
2. When especially sought for by the offender to Solitude must be sought to better attain the
insure the commission of the crime or for the criminal purpose
purpose of impunity; or What should be considered here is whether in the
3. When the offender took advantage thereof place of the commission of the offense, there was
for the purpose of impunity a reasonable possibility of the victim receiving
some help.
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Par. 8.That the crime be committed with the aid of Par. 9. That the accused is a recidivist
(1) armed men or
(2) persons who insure or afford impunity RECIDIVIST – one who at the time of his trial for one
crime, shall have been previously convicted by final
Requisites: judgment of another crime embraced in the same title
1. That armed men or persons took part in the of the RPC.
commission of the crime, directly or
indirectly. Requisites:
2. That the accused availed himself of their aid 1. That the offender is on trial for an offense;
or relied upon them when the crime was 2. That he was previously convicted by final
QuickTime™ and a
committed.TIFF (Uncompressed) decompressor judgment of another crime;
are needed to see this picture.
3. That both the first and the second offenses
NOTE: This aggravating circumstance requires that are embraced in the same title of the Code;
the armed men are accomplices who take part in a 4. That the offender is convicted of the new
minor capacity directly or indirectly, and not when offense.
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper MEANING OF “at the time of his trial for one
aggravating circumstance would be cuadrilla. crime.”
It is employed in its general sense, including the
When This Aggravating Circumstance Shall Not rendering of the judgment. It is meant to include
Be Considered: everything that is done in the course of the trial, from
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done so, quasi-recidivism cannot at the same When another aggravating circumstance already
time constitute reiteracion, hence this qualifies the crime, any of these aggravating
aggravating circumstance cannot apply to a circumstances shall be considered as generic
quasi-recidivist. aggravating circumstance only
If the same set of facts constitutes recidivism and When used as a means to kill another person,
reiteracion, the liability of the accused should be the crime is qualified to murder.
aggravated by recidivism which can easily be
proven. PAR. 12 “by means PAR. 7 “on the
of inundation, fire, occasion of a
Par. 11. That the crime be committed in etc.” conflagration,
consideration of price, reward or promise. shipwreck, etc.
The crime is The crime is committed
Requisites: committed by means on the occasion of a
1. There are at least 2 principals: of any such acts calamity or misfortune.
• The principal by inducement (one who involving great waste
offers) or ruin.
• The principal by direct participation
(accepts)
2. The price, reward, or promise should be Par. 13. That the act be committed with evident
previous to and in consideration of the premeditation
commission of the criminal act
Requisites:
NOTE: The circumstance is applicable to both The prosecution must prove –
principals .It affects the person who received the 1. The time when the offender determined to
price / reward as well as the person who gave it. commit the crime;
2. An act manifestly indicating that the culprit
If without previous promise it was given has clung to his determination; and
voluntarily after the crime had been committed as 3. A sufficient lapse of time between the
an expression of his appreciation for the determination and execution, to allow him to
sympathy and aid shown by the other accused, it reflect upon the consequences of his act and
should not be taken into consideration for the to allow his conscience to overcome the
purpose of increasing the penalty. resolution of his will.
The price, reward or promise need not consist of Essence of premeditation: The execution of the
or refer to material things or that the same were criminal act must be preceded by cool thought and
actually delivered, it being sufficient that the offer reflection upon the resolution to carry out the criminal
made by the principal by inducement be intent during the space of time sufficient to arrive at a
accepted by the principal by direct participation calm judgment.
before the commission of the offense.
To establish evident premeditation, it must be
The inducement must be the primary shown that there was a period sufficient to afford
consideration for the commission of the crime. full opportunity for meditation and reflection, a
time adequate to allow the conscience to
Par. 12. That the crime be committed by means of
QuickTime™ and a
overcome the resolution of the will, as well as
inundation, fire,
TIFF poison,
(Uncompressed)explosion,
decompressor
are needed to see this picture.
stranding outward acts showing the intent to kill. It must be
of a vessel or intentional damage thereto, shown that the offender had sufficient time to
derailment of a locomotive, or by use of any reflect upon the consequences of his act but still
artifice involving great waste and ruin persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
The circumstances under this paragraph will only 140871, August 8, 2002)
be considered as aggravating if and when they
are used by the offender as a means to Premeditation is absorbed by reward or promise.
accomplish a criminal purpose
When the victim is different from that intended,
premeditation is not aggravating. However, if the
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offender premeditated on the killing of any DISGUISE (disfraz) – resorting to any device to
person, it is proper to consider against the conceal identity.
offender the aggravating circumstance of
premeditation, because whoever is killed by him The test of disguise is whether the device or
is contemplated in his premeditation. contrivance resorted to by the offender was
intended to or did make identification more
Par. 14. That (1) craft, (2) fraud, or (3) disguise be difficult, such as the use of a mask or false hair or
employed. beard.
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“BY A BAND” “ABUSE OF directly and specially to insure its execution without
SUPERIOR risk to himself arising from the defense which the
STRENGTH” offended party might make.
The element of The gravamen of
Requisites:
band is appreciated abuse of superiority
1. That at the time of the attack, the victim was
when the offense is is the taking
not in a position to defend himself; and
committed by more advantage by the
2. That the offender consciously adopted the
than three armed culprits of their
particular means, method or form of attack
malefactors collective strength to
employed by him.
regardless of the overpower their
comparative relatively weaker
TEST: It is not only the relative position of the parties
strength of the victim or victims.
but, more specifically, whether or not the victim was
victim or victims.
forewarned or afforded the opportunity to make a
Hence, what is taken defense or to ward off the attack.
into account here is
not the number of Rules Regarding Treachery:
aggressors nor the 1. Applicable only to crimes against persons.
fact that they are 2. Means, methods or forms need not insure
armed, but their accomplishment of crime.
relative physical 3. The mode of attack must be consciously
strength vis-a vis the adopted.
offended party.
Treachery is taken into account even if the crime
against the person is complexed with another
NOTE: Abuse of superior strength absorbs cuadrilla felony involving a different classification in the
(“band”). Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
MEANING OF “Means employed to weaken appreciated insofar as the killing is concerned.
defense” - the offender employs means that
materially weaken the resisting power of the offended The suddenness of attack in itself does not
party. constitute treachery, even if the purpose was to
kill, so long as the decision was made all of a
Ex: sudden and the victim’s helpless position was
1. Where one, struggling with another, suddenly accidental.
throws a cloak over the head of his opponent
and while in this situation he wounds or kills Treachery applies in the killing of a child even if
him. the manner of attack is not shown.
2. One who, while fighting with another,
suddenly casts sand or dirt upon the latter Treachery must be proved by clear and
eyes and then wounds or kills him. convincing evidence
3. When the offender, who had the intention to
kill the victim, made the deceased Treachery is considered against all the offenders
intoxicated, thereby materially weakening the when there is conspiracy.
latter’s resisting power.
NOTE: This circumstance QuickTime™is andapplicable
a
TIFF (Uncompressed) decompressor
only to WHEN MUST TREACHERY BE PRESENT:
crimes against persons, and sometimes against
are needed to see this picture.
1. When the aggression is continuous,
person and property, such as robbery with treachery must be present in the beginning of
physical injuries or homicide. the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
Par. 16. That the act be committed with treachery
(alevosia) Thus, even if the deceased was shot
while he was lying wounded on the
TREACHERY – when the offender commits any of ground, it appearing that the firing of the
the crimes against the person, employing means, shot was a mere continuation of the
methods or forms in the execution thereof which tend assault in which the deceased was
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REASON FOR THE RULE: When there is Applicable to crimes against chastity, less
treachery, it is impossible for either the intended serious physical injuries, light or grave
victim or the actual victim to defend himself coercion, and murder.
against the aggression.
Par. 18. That the crime be committed after an
TREACHERY ABSORBS: unlawful entry.
1. Craft
2. Abuse of superior strength UNLAWFUL ENTRY - when an entrance is effected
3. Employing means to weaken the defense by a way not intended for the purpose.
QuickTime™ and a
4. Cuadrilla (“band”)
TIFF (Uncompressed) decompressor
are needed to see this picture.
5. Aid of armed men NOTE: Unlawful entry must be a means to effect
6. Nighttime entrance and not for escape.
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Par. 19. That as a means to the commission of a Intended to counteract the great facilities
crime, a wall, roof, floor, door, or window be found by modern criminals in said means to
broken. commit crime and flee and abscond once the
same is committed.
It is NOT necessary that the offender should MEANING OF “or other similar means”
have entered the building Therefore, If the Should be understood as referring to motorized
offender broke a window to enable himself to vehicles or other efficient means of transportation
reach a purse with money on the table near similar to automobile or airplane.
that window, which he took while his body
was outside of the building, the crime of theft
was attended by this aggravating Par. 21. That the wrong done in the commission
circumstance. of the crime be deliberately augmented by
causing other wrong not necessary for its
PAR. 19 PAR. 18 commission
It involves the breaking Presupposes that there
(rompimiento) of the is no such breaking as CRUELTY – there is cruelty when the culprit enjoys
enumerated parts of by entry through the and delights in making his victim suffer slowly and
the house. window. gradually, causing unnecessary physical pain in the
consummation of the criminal act.
NOTE: Breaking in is lawful in the following
instances: Requisites:
1. An officer, in order to make an arrest, may 1. That the injury caused be deliberately
break open a door or window of any building increased by causing other wrong;
in which the person to be arrested is or is 2. That the other wrong be unnecessary for the
reasonably believed to be; execution of the purpose of the offender.
2. An officer, if refused admittance, may break
open any door or window to execute the Cruelty is not inherent in crimes against persons.
search warrant or liberate himself, In order for it to be appreciated, there must be
3. Replevin, Section 4, Rule 60 of the Rules of positive proof that the wounds found on the body
Court of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
Par. 20. That the crime be committed suffering.
(1) with the aid of persons under fifteen (15) Cruelty cannot be presumed
years of age, or If the victim was already dead when the acts of
(2) by means of motor vehicles, airships, or mutilation were being performed, this would also
other similar means. qualify the killing to murder due to outraging of
his corpse.
TWO DIFFERENTTIFFCIRCUMSTANCES
QuickTime™ and a
(Uncompressed) decompressor
GROUPED
IN THIS PARAGRAPH: are needed to see this picture. IGNOMINY (PAR.17) CRUELTY (PAR. 21)
1. With the aid of persons under fifteen years of Involves MORAL Refers to PHYSICAL
age: suffering suffering
Intends to repress, so far as possible, the
frequent practice resorted to by professional ¾ Unlike mitigating circumstances (par. 10, Art.
criminals to avail themselves of minors taking 13), there is NO provision for aggravating
advantage of their irresponsibility. circumstances of a similar or analogous
2. By means of motor vehicles, airships, or character.
other similar means:
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INTOXICATION
TITLE TWO
When Intoxication Mitigating And When
Aggravating:
1. Mitigating – PERSONS CRIMINALLY LIABLE FOR
i. If intoxication is not habitual, or FELONIES
ii. If intoxication is not subsequent to the plan to
commit a felony.
ART.16.WHO ARE CRIMINALLY LIABLE
2. Aggravating –
i. If intoxication is habitual, or Note that accessories are not liable for light
ii. If it is intentional (subsequent to the plan to felonies. REASON: In the commission of light
commit a felony). felonies, the social wrong as well as the
individual prejudice is so small that penal
To Be Entitled To The Mitigating Circumstance Of sanction is unnecessary.
Intoxication, It Must Be Shown:
1. That at the time of the commission of the The classification of the offenders as principal,
criminal act, the accused has taken such accomplice or an accessory is essential under
quantity of alcoholic drinks as to blur his the RPC. The classification maybe applied to
reason and deprive him of a certain degree special laws only if the latter provides for the
of control, and same graduated penalties as those provided
2. That such intoxication is not habitual, or under the RPC.
subsequent to the plan to commit the felony.
To be mitigating, the accused’s state of There Are Two Parties In All Crimes:
intoxication must be proved. Once
intoxication is established by satisfactory 1. Active subject (the criminal)
evidence, in the absence of proof to the Art. 16 enumerates the active subjects
contrary, it is presumed to be non-habitual or of the crime.
unintentional. 2. Passive subject (the injured party)
Is the holder of the injured right: the
INSTRUCTION OR EDUCATION man, the juristic person, the group, and
As an alternative circumstance it does not the State.
refer only to literacy but more to the level of Note: Only natural persons can be the
intelligence of the accused. active subject of crime because of the
Refers to the lack or presence of sufficient highly personal nature of the criminal
intelligence and knowledge of the full responsibility.
significance of one’s acts.
Low degree of instruction and education However, corporation and partnership
or lack of it is generally mitigating. High can be a passive subject of a crime.
degree of instruction and education is
aggravating, when the offender took GENERALLY: Corpses and animals
advantage of his learning in committing the cannot be passive subjects because
crime. they have no rights that may be
injured.
GENERAL RULE: Lack of sufficient education is EXCEPTION: Under Art. 253, the
mitigating.
QuickTime™ and a
TIFF (Uncompressed) decompressor
crime of defamation may be
EXCEPTIONS:
are needed to see this picture. committed if the imputation tends to
1. Crimes against property (e.g. arson, blacken the memory of one who is
estafa, theft, robbery) dead.
2. Crimes against chastity, and
3. Treason – because love of country This article applies only when the
should be a natural feeling of every offenders are to be judged by their
citizen, however unlettered or uncultured individual, and not collective, liability.
he may be.
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principal by inducement (or by indispensable If the person who actually committed the crime
cooperation). had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.
Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime PRINCIPAL BY OFFENDER WHO
by : INDUCEMENT MADE PROPOSAL TO
a) Using irresistible force. COMMIT A FELONY
b) Causing uncontrollable fear.
In these cases, there is no conspiracy, not In both
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The There is an inducement to commit a crime
material executor is not criminally liable When liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)
Becomes liable only The mere proposal to
2. By directly inducing another to commit a when the crime is commit a felony is
crime by – committed by the punishable in treason or
a) Giving of price, or offering of reward or principal by direct rebellion. However, the
promise. participation. person to whom the
The one giving the price or offering the proposal is made should
reward or promise is a principal by not commit the crime,
inducement while the one committing the
crime in consideration thereof is a principal Otherwise, the proponent
by direct participation. There is collective becomes a principal by
criminal responsibility. inducement.
What kind of crime involved
b) Using words of command
The person who used the words of Involves any crime The proposal to be
command is a principal by inducement punishable must involve
while the person who committed the crime only treason or rebellion.
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility. Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Requisites for words of command to be Inducement:
considered inducement:
1. Conspiracy is negatived by the acquittal of co-
1. Commander has the intention of procuring
the commission of the crime defendant.
2. Commander has ascendancy or influence
2. One cannot be held guilty of having instigated the
3. Words used be so direct, so efficacious, so
powerful commission of a crime without first being shown
4. Command be uttered prior to the commission that the crime has been actually committed by
another.
5. Executor had no personal
QuickTime™ andreason
a
TIFF (Uncompressed) decompressor
are needed to see this picture.
But if the one charged as principal by direct
NOTE: Words uttered in the heat of anger and in the participation is acquitted because he acted
without criminal intent or malice, his acquittal
nature of the command that had to be obeyed do not
make one an inductor. is not a ground for the acquittal of the
principal by inducement.
The inducement must precede the act induced
and must be so influential in producing the REASON FOR THE RULE: In exempting
criminal act that without it, the act would not have circumstances, such as when the act is not
voluntary because of lack of intent on the
been performed. Mere imprudent advice is not
inducement. part of the accused, there is a crime
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3. descendant, or
PRINCIPAL ACCESSORY 4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Takes direct part or cooperates Does NOT take direct
in, or induces the commission part or cooperates in, or
Accessory Is Not Exempt From Criminal Liability
of the crime induces the commission Even If The Principal Is Related To Him, If Such
of the crime Accessory –
cooperates in the commission does not take part in the
of the offense by acts either commission of the 1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
prior thereto or simultaneous offense
of the crime.
therewith
REASON: Because such acts are prompted not by
Participates during commission Participation of the affection but by a detestable greed.
of the crime accessory in all cases
always SUBSEQUENT
to the commission of the NOTES:
crime Nephew and Niece not included
Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
ANTI-FENCING LAW OF 1979
REASON: Ties of blood or relationship
PRES. DECREE 1612 constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
FENCING– is an act, with intent to gain, of buying, knowingly or willfully obstructs, impedes, frustrates or
selling, receiving, possessing, keeping, or in any delays the apprehension of suspects and the
other manner dealing in anything of value which a investigation and prosecution of criminal cases.
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft. The benefits of the exception in Art. 20 do
not apply to PD 1829.
FENCE– is a person who commits the act of fencing.
A fence who receives stolen property as above-
provided is not an accessory but a principal in the
TITLE THREE
crime defined in and punished by the Anti-Fencing
PENALTIES
Law.
Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.
BASIS: QuickTime™ and a PENALTY – suffering inflicted by the State for the
The exemption provided for in this
TIFF (Uncompressed) article is based on
decompressor
are needed to see this picture. transgression of a law.
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to Different Juridical Conditions Of Penalty:
conceal crimes committed by relatives so near as
those mentioned in this article. 1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY 2. Must be commensurate with the offense –
WHEN THE PRINCIPAL IS HIS : different crimes must be punished with
1. spouse, or different penalties.
2. ascendant, or
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Distinction between classification of Penalties in
crime during the service of the penalty for a Art. 9 and Art. 26
previous crime. Article 9 Article 26
Affli
Commitment of a minor is not a penalty Applicable in Applicable in determining ctive
because it is not imposed by the court in a determining the the prescriptive period of –
judgment. The imposition of the sentence in prescriptive period of penalties over
such a case is suspended. felonies 600
0;
Corr
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, ecti
OR LIGHT PENALTY onal – 201 to 6000; Light – 200 and less
Fines:
1. Afflictive – over 6000
2. Correctional – 201 to 6000
3. Light – 200 and less
NOTES:
The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as “to pay fine of 1000 pesos,
Chapter Three
or to suffer an imprisonment of 2 years, and to
DURATION AND EFFECTS OF PENALTIES
pay the costs.”
If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
Section One. — Duration of Penalties
* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the Art. 27: RECLUSION PERPETUA
offense is a light felony; whereas under Art. 26,
1. Reclusión perpetua – 20 years and 1 day to
it is a correctional penalty, hence the offense
40 years
involved is a less grave felony. It that this
2. Reclusión temporal – 12 years and 1 day to
discrepancy should be resolved liberally in
20 years
favor of the accused, hence Art. 9 prevails over
3. Prisión mayor and temporary
Art. 26. QuickTime™ and a
TIFF (Uncompressed) decompressor disqualification – 6 years and 1 day to 12
are needed to see this picture.
years, except when disqualification is an
Bond to keep the peace is by analogy:
accessory penalty, in which case its duration
is that of the principal penalty
4. Prisión correccional, suspensión, and
destierro – 6 months and 1 day to 6 years,
except when suspensión is an accessory
penalty, in which case its duration is that of
the principal penalty
5. Arresto mayor – 1 month and 1 day to 6
months
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Effects;Deprivation of the following rights: 2. if the facts and circumstances of the case
1. Parental rights show that the purpose of the President is to
2. Guardianship over the ward precisely restore the rights i.e., granting
3. Marital authority absolute pardon after election to a post
4. Right to manage property and to dispose of (mayor) but before the date fixed by law for
the same by acts inter vivos assuming office to enable him to assume the
position in deference to the popular will
Civil Interdiction is an accessory penalty to the
following principal penalties: Pardon by the offended party – does not extinguish
1. If death penalty is commuted to life criminal liability; may include offended party waiving
imprisonment civil indemnity and it should be done before the
2. Reclusion perpetua institution of the criminal prosecution and extended to
3. Reclusion temporal both offenders.
*He can dispose of such property by will or donation
mortis causa PARDON BY PARDON BY
THE CHIEF OFFENDED
EXECUTIVE PARTY (ART.
ART. 35: EFFECTS OF BOND TO KEEP THE (ART. 36) 23)
PEACE Crime Any crime, Crimes against
covered unless chastity under
otherwise the RPC only
Bond to keep the peace is different from bail bond
provided by or
which is posted for the provisional release of a
subject to
person arrested for or accused of a crime. Bond to
conditions in
keep the peace or for good behavior is imposed as a
the Constitution
penalty in threats.
or the laws
Extinguish- Extinguishes Does not
ART. 36: PARDON; ITS EFFECT ment of criminal liability extinguish
criminal criminal liability
NOTES: liability although it may
Pardon by the President does not restore the constitute a bar
right to public office or suffrage except when to the
both are expressly restored in the pardon. prosecution of
Nor does it exempt one from civil liability or the offender
from payment of civil indemnity. Effect on Cannot affect Offended party
civil liability the civil liability can waive the
Limitations to President’s power to pardon: ex delicto of the civil liability
o can be exercised only after final offender
judgment When Only after Only before the
o does not extend to cases of granted conviction by institution of the
impeachment final judgment criminal action
o does not extinguish civil liability – To whom Any or all of the In adultery and
only criminal liability granted accused concubinage,
must include
GENERAL RULE: Pardon granted
QuickTime™ and a in general terms
both offenders
TIFF (Uncompressed) decompressor
does not include accessory
are needed topenalties.
see this picture. Whether it May be Cannot validly
Exceptions: can be absolute or be made
1. if the absolute pardon is granted after the conditional conditional subject to a
term of imprisonment has expired, it removes condition
all that is left of the consequences of
conviction. However, if the penalty is life
imprisonment and after the service of 30
years, a pardon is granted, the pardon does ART. 37: COST; WHAT ARE INCLUDED
not remove the accessory penalty of absolute
perpetual disqualification Costs include:
1. fees
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forfeiture.
4. Property not subject of lawful commerce Chapter Four
(whether it belongs to the accused or a 3rd APPLICATION OF PENALTIES
person) shall be destroyed.
NOTES:
There cannot be confiscation or forfeiture Section One. — Rules for the application of
unless there’s a criminal case filed, tried and penalties to the persons criminally liable and for
accused is convicted. the graduation of the same.
Third person must be indicted to effect
confiscation of his property.
Instruments of the crime belonging to an
innocent 3rd person may be recovered. ART. 46: PENALTY TO BE IMPOSED UPON
Confiscation can be ordered only if the PRINCIPALS IN GENERAL
property is submitted in evidence or placed at
the disposal of the court.
When the order of forfeiture has already GENERAL RULE: The penalty prescribed by law in
become final, the articles which were forfeited general terms shall be imposed:
can not be returned, even in case of an 1. upon the principals
acquittal. 2. for consummated felony
There must be conviction by final judgment. EXCEPTION: when the law fixes a penalty for
However, even if the accused is acquitted on the frustrated or attempted felony. Whenever it is
reasonable doubt, but the instruments or believed that the penalty lower by one or two
proceeds are contraband, the judgment of degrees corresponding to said acts of execution
acquittal shall order their forfeiture for is not proportionate to the wrong done, the law
appropriate disposition. fixes a distinct penalty for the principal in the
Confiscation & forfeiture are additional frustrated or attempted felony.
penalties. When the penalty imposed did not
include the confiscation of the goods involved, The Graduation Of Penalties Refers To:
the subsequent confiscation & forfeiture of 1. By degree
said goods would be an additional penalty, a. stages of execution (consummated,
amounting to an increase of the penalty frustrated, attempted)
already imposed, thereby placing the accused b. degree of the criminal participation of
in double jeopardy. In case the accused the offender (principal, accomplice,
appeals, confiscation and forfeiture not accessory)
ordered by the trial court may be imposed by 2. By period
the appellate court a. (minimum, medium, maximum) -
The government can not appeal the refers to the proper period of the
modification of a sentence if the defendant did penalty w/c should be imposed when
not appeal. But if the defendant appeals, it aggravating or mitigating
removes all bars to the review and correction circumstances attend the
of the penalty imposed by the court below, commission of the crime
even if an increase thereof should be the
result
ART. 47: IN WHAT CASES THE DEATH
QuickTime™ and a PENALTY SHALL NOT BE IMPOSED
When Art. 45 cannot apply:
TIFF (Uncompressed) decompressor
are needed to see this picture.
1. The instruments belong to innocent third
parties Death Penalty Not Imposed In The Following
2. Such properties have not been placed under Cases:
the jurisdiction of the court 1. under age - when the offender is under 18
3. When it is legally or physically impossible. yrs of age at the time of commission.
Why? - Because minority is always
a mitigating circumstance
2. over age - when the person is more than 70
years old at time RTC sentenced him
3. no court majority - when upon appeal or
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The means actually employed (another imprisonment while that for the other is fine,
crime) was merely to facilitate and insure the the severity of the penalty for the more
consummation of the crime. serious crime should not be judged by the
It is not a complex crime when trespass to classification of each of the penalties
dwelling is a direct means to commit a grave involved, but by the nature of the penalties.
offense. Like rape, there is no complex crime In the order of severity of the penalties,
of trespass to dwelling with rape. Trespass arresto mayor and arresto menor are
will be considered as aggravating (unlawful considered more severe than destierro and
entry or breaking part of a dwelling) arresto menor is higher in degree than
When the offender had in his possession the destierro.
funds w/c he misappropriated, the
falsification of a public or official document There is NO COMPLEX CRIME in the following:
involving said funds is a separate offense. 1. In case of continuing crimes
But when the offender had to falsify a public 2. When one offense is committed to conceal
or official document to obtain possession of the other
the funds w/c he misappropriated, the 3. When the other crime is an indispensable
falsification is a necessary means to commit part or an element of the other offenses as
the malversation. defined
There is no complex crime of rebellion w/ 4. Where one of the offenses is penalized by a
murder, arson, robbery or other common special law
crimes. They are mere ingredients of the 5. When the law provides one single penalty for
crime of rebellion – absorbed already. special complex crime:
(according to Ortega, complex) a. Robbery with Homicide
When 2 crimes produced by a single act are b. Robbery with Rape
respectively within the exclusive jurisdiction c. Rape with Homicide
of 2 courts of different jurisdiction, the court d. Kidnapping with Serious Physical
of higher jurisdiction shall try the complex Injuries
crime. e. Kidnapping with Homicide
Art. 48 is intended to favor the culprit.
The penalty for complex crime is the penalty PLURALITY OF CRIMES – consists in the
for the most serious crime, the same to be successive execution by the same individual of
applied in its maximum period. If the different different criminal acts upon any of which no
crimes resulting from one single act are conviction has yet been declared.
punished w/ the same penalty, the penalty for
any one of them shall be imposed, the same Kinds Of Plurality Of Crimes:
to be applied in the maximum period. The 1. Formal or Ideal – only one criminal liability.
same rule shall be observed when an offense Formal or ideal crimes are further divided into
is a necessary means to commit the other. three groups, where a person committing
A complex crime of the second form may be multiple crimes is punished with only one
committed by two persons. penalty:
But when one of the offenses, as a means to a. when the offender commits any of
commit the other, was committed by one of the complex crimes defined in Art.
the accused by reckless imprudence, the 48
accused who committed the crime by b. when the law specifically fixes a
reckless imprudence is liable for his acts single penalty for 2 or more
QuickTime™ and a
only. TIFF (Uncompressed) decompressor offenses committed: robbery w/
are needed to see this picture.
When two felonies constituting a complex homicide, kidnapping w/
crime are punishable by imprisonment and serious physical injuires
fine, respectively, only the penalty of c. when the offender commits
imprisonment shall be imposed. Reason: continued crimes
Fine is not included in the list of penalties in 2. Real Or Material – there are different crimes
the order of severity and it is the last in the in law as well as in the conscience of the
graduated scales in Art. 71. offender. In such cases, the offender shall be
When a single act constitutes two grave or punished for each and every offense that he
less grave or one grave and another less committed.
grave, and the penalty for one is
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Lesser penalty to be Penalty for the more No conviction of the crimes There must be conviction
imposed in its maximum serious crime shall be committed by final judgment of the first
period imposed in its maximum prior offense
period
CONTINUED CRIME – refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one RULES:
penalty shall be imposed. 1. If the penalty for the felony committed be
higher than the penalty for the offense which
Ex of continued crimes: the accused intended to commit, the lower
a. A collector of a commercial firm penalty shall be imposed in its maximum
misappropriates for his personal use several period.
amounts collected by him from different 2. If the penalty for the felony committed be
persons. There is only one crime because lower than the penalty for the offense which
the different and successive appropriations the accused intended to commit, the lower
are but the different moments during w/c one penalty shall be imposed in its maximum
criminal resolution arises. period.
b. Juan steals 2 books belonging to 2 different 3. If the act committed also constitutes an
persons. He commits only one crime attempt or frustration of another crime, and
because there is unity of thought in the the law prescribes a higher penalty for either
criminal purpose of the offender. of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
NOTE: A continued crime is not a complex crime, as maximum period.
the offender does not perform a single act but a
series of acts. Therefore: NOTES:
a. penalty not to be imposed in the maximum Art. 49 has reference to the provision in the
st
b. no actual provision punishing continued 1 par of Art .4 which provides that criminal
crime – It is a principle applied in connection liability shall be incurred “by any person
with 2 or more crimes committed with a committing a felony although the wrongful act
single intention. done be different from that which he
intended.”
NOTE: A continued (continuous or continuing) crime Art. 49 is applicable only in cases when there
is different from a transitory crime. Transitory crime is a mistake in identity of the victim of the
is “moving crime”. crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
REAL/MATERIAL CONTINUED CRIME Art. 49 also has no application where a more
PLURALITY serious consequence not intended by the
offender befalls the same person.
There is a series of acts Same
In Art. 49, pars. 1 and 2, the lower penalty in
performed by the offender
its maximum period is always imposed.
Each act performed constitutesQuickTime™
Differentand aacts constitute In Par. 3 the penalty for the attempted or
TIFF (Uncompressed) decompressor
a separate crime because are needed toonly one
see this crime because
picture. frustrated crime shall be imposed in its
each act is generated by a all of the acts performed maximum period. This rule is not necessary
criminal impulse arise from one criminal and may well be covered by Art. 48, in view
resolution. of the fact that the same act also constitutes
an attempt or a frustration of another crime.
Art. 50: Penalty to be imposed upon principals Distinctions between Degree and Period
of a frustrated crime Degree Period
Art. 51: Penalty to be imposed upon principals
of attempted crimes Refers to the penalty Refers to the duration
Art. 52: Penalty to be imposed upon imposable for a felony of the penalty
accomplices in consummated crime committed considering consisting of the
Art. 53: Penalty to be imposed upon the stages of execution maximum, medium,
accessories to the commission of a and the degree of and minimum, after
consummated felony participation of the considering the
Art. 54: Penalty to imposed upon accomplices offender presence or absence
in a frustrated crime of aggravating
Art. 55: Penalty to be imposed upon circumstances
accessories of a frustrated crime
Art. 56: Penalty to be imposed upon
accomplices in an attempted crime May refer to both Refers only to
Art. 57: Penalty to be imposed upon divisible and indivisible divisible penalties
accessories of an attempted crime penalties
Accessory 2 less 3 less 4 less NOTE: Art. 58 is limited only to grave and less grave
felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those
whose participation in the crime is characterized by
NOTES: the misuse of public office or authority.
Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the Additional Penalties for Public Officers who are
frustrated and attempted felony or that to be accessories:
imposed upon the accomplices and 1. Absolute Perpetual Disqualification, if the
accessories. (examples: qualified seduction, principal offender is guilty of a grave felony
flight to enemy country, kidnapping) 2. Absolute temporary disqualification, if the
Degree – one whole penalty, one entire principal offender is guilty of less grave felony
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71 ART. 59: PENALTY TO BE IMPOSED IN CASE
Period – one of 3 equal portions, OF FAILURE TO COMMIT THE CRIME
min/med/max of a divisible penalty. A period BECAUSE THE MEANS EMPLOYED OR THE
of a divisible penalty when prescribed by the AIMS SOUGHT ARE IMPOSSIBLE
QuickTime™ and a
Code as aTIFF penalty for decompressor
(Uncompressed) a felony, is in itself a
are needed to see this picture.
degree.
NOTES:
Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
Art. 59 is limited to grave and less grave
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Rules 4 and 5:
ART. 61: RULES FOR GRADUATING 1. if the penalty prescribed in the Code consists
PENALTIES of three periods corresponding to different
divisible penalties, the penalty next lower is
The rules provided in this Article should also apply in that consisting in the three periods down the
determining the minimum of the Indeterminate scale
Sentence Law (ISL). It also applies in lowering the 2. if the penalty prescribed in the Code consists
penalty by one orTIFFtwo degreesand by
QuickTime™ a
(Uncompressed) decompressor
reason of the of two periods, the penalty next lower is that
presence of the privileged
are neededmitigating
to see this picture.circumstance, or
consisting in two periods down the scale
when the penalty is divisible and there are two or 3. if the penalty prescribed in the Code consists
more mitigating circumstances and there are no in only one period, the penalty next lower is
aggravating circumstances. the next period down in the scale
GRADUATED SCALE IN ART. 71 NOTE: Mitigating and Aggravating circumstances are
first disregarded in the application of the rules for
Indivisible Penalties: graduating penalties. It is only after the penalty next
1. Death lower in degree is already determined that the
2. Reclusion Perpetua mitigating and aggravating circumstances should be
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NOTES:
In no case shall the total penalties imposed ART. 64: RULES FOR THE APPLICATION OF
upon the offender exceed 30 years. PENALTIES WHICH CONTAIN THREE
QuickTime™ and a
The imposition of the additional
TIFF (Uncompressed) decompressor penalties on PERIODS
are needed to see this picture.
habitual delinquents are constitutional, it is
simply a punishment on future crimes on Rules For The Application Of Divisible Penalties:
account of the criminal propensities of the 1. No aggravating and no mitigating
accused. circumstances – medium period
The imposition of such additional penalties 2. One mitigating circumstance – minimum
are mandatory. period
Habitual delinquency applies at any stage of 3. One aggravating circumstance – maximum
the execution because subjectively, the period
offender reveals the same degree of 4. Mitigating and aggravating circumstance
depravity or perversity as the one who offset each other and according to relative
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weight
5. 2 or more mitigating without any aggravating 4. Use the maximum of the minimum period as
circumstance – one degree lower the minimum of the medium period and add 1
day to distinguish from the minimum period.
NOTES: Then add 2 years to the minimum of the
Art. 64 applies when the penalty has 3 medium (disregarding the 1 day) to get the
periods because they are divisible. If the maximum of the medium period.
penalty is composed of 3 different penalties, 8 years (minimum of the medium)
each forms a period according to Art. 77 + 2 years (difference)
Par. 4: the mitigating circumstances must be -------------------------------------------
ordinary, not privileged. The aggravating 10 years (maximum of the medium)
circumstances must be generic or specific,
not qualifying or inherent. Therefore, medium period of prision mayor =
the court has discretion to impose the penalty 8 years 1 day to 10 years
within the limits fixed by law
Art. 64 not applicable when the penalty is 5. use the maximum of the medium period as
indivisible or prescribed by special law or a the minimum of the maximum pd, and add 1
fine day to distinguish it from the maximum of the
Cases where the attending aggravating or medium period. Then add 2 years to the
mitigating circumstances are not considered minimum of the maximum pd (disregarding
in the imposition of penalties: the 1 day) to get the maximum of the
Penalty that is single and indivisible maximum period)
Felonies through negligence 10 years (maximum of the medium)
Where the penalty is only a fine + 2 years (difference)
imposed by an ordinance (subject to ----------------------------------------------
discretion of court – see Article 66) 12 years (maximum of the maximum)
Penalty is prescribed by a special
law Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years
ART. 65: RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE *Computation above is applicable to all others except
PERIODS to arresto mayor.
Computations:
Example: Prision Mayor minimum (6 years 1 day
Example: Prision Mayor (6 years, 1 day to 12 to 8 years) only
years)
1. subtract the minimum (disregard 1 day) from 1. Subtract minimum from the maximum.
the maximum 8 years – 6 years = 2 years
12 years – 6 years = 6 years
2. Divide the difference by 3.
2. Divide the difference by 3. 2 years / 3 = 8 months
6 years / 3 = 2 years
3. Use the minimum of the given example as
3. Use the minimumQuickTime™ (6 years the minimum period. Then to get to get the
and aand 1 day) as the
minimum of TIFF (Uncompressed) decompressor
the minimum period. Then add maximum of the minimum, add the 8 months.
are needed to see this picture.
the 2 years (disregarding the 1 day) to the 6 years + 8 months = 6 years and 8
minimum to get the maximum of the months
minimum period. Therefore, minimum of prision mayor
6 years (minimum of the minimum) minimum = 6 years 1 day to 6 years 8
+ 2 years (difference) months
-------------------------------------------
8 years (maximum of the minimum). 4. Use the maximum of the minimum as the
minimum of the medium period. Add 1 day to
Therefore, minimum period of prision mayor distinguish it from the maximum of the
= 6 years 1 day to 8 years minimum. Add the 8 months and this
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becomes the maximum of the medium 2. less grave felony – arresto mayor min to
6 years 8 months + 8 months = 7 arresto mayor medium
years 4 months
Therefore, the medium period of prision
mayor minimum = 6 years, 8 months 1 day to ART. 68: PENALTY TO BE IMPOSED UPON A
7 years, 4 months PERSON UNDER EIGHTEEN YEARS OF AGE
5. Use the maximum of the medium as the NOTE: Art. 68 applies to such minor if his application
minimum period of the maximum period and for suspension of sentence is disapproved or if while
add 1 day to distinguish. Add the 8 months to in the reformatory institution he becomes incorrigible,
get the maximum of this maximum in which case he shall be returned to the court for the
7 years 4, months + 8 months = 8 imposition of the proper penalty.
years
Therefore, maximum of prision mayor = 7 Art. 68 provides for 2 privileged mitigating
years, 4 months, 1 day to 8 years circumstances:
1. If the act is attended by two or more
mitigating circumstances and no aggravating
ART. 66: IMPOSITION OF FINES circumstance, the penalty being divisible, a
1. The minor over 15 but under 18 may still get a
court can fix any amount of the fine within the penalty two degrees lower.
limits established by law. 2. under 15 but over 9 and has acted w/
2. Court must consider the following in imposing discretion: 2 degrees lower
the fines: 3. under 18 but over 15: 1 degree lower
a. mitigating and aggravating
circumstances
b. more particularly, the wealth and
means of the culprit ART. 69: PENALTY TO BE IMPOSED WHEN
3. The following may also be considered by the THE CRIME COMMITTED IS NOT WHOLLY
court: EXCUSABLE
a. the gravity of the crime committed
b. the heinousness of its perpetration NOTE: Penalty to be imposed when the crime
c. the magnitude of its effects on the committed is not wholly excusable:1 or 2 degrees
offender’s victims. lower if the majority of the conditions for justification
or exemption in the cases provided in Arts. 11 and 12
NOTE: When the minimum of the fine is not fixed, the are present.
court shall have the discretion, provided it does not
exceed the amount authorized by law.
ART. 70: SUCCESSIVE SERVICE OF
SENTENCE
ART. 67: PENALTY TO BE IMPOSED WHEN
NOT ALL THE REQUISITES OF EXEMPTION
NOTES:
OF THE FOURTH CIRCUMSTANCE OF
The Three-Fold Rule
ARTICLE 12 ARE PRESENT
1. Maximum duration of the convict’s sentence:
3 times the most severe penalty imposed
QuickTime™ and a
TIFF (Uncompressed) decompressor 2. Maximum duration: shall not exceed 40 yrs
Requisites of Art. 12, par. to4:see this picture.
are needed
3. Subsidiary imprisonment: This shall be
1. act causing the injury must be lawful excluded in computing for the maximum
2. act performed w/ due care duration.
3. injury was caused by mere accident * The three-fold rule shall apply only when the convict
4. no fault or intention to cause injury is to serve 4 or more sentences successively.
NOTE: If these conditions are not all present, then Different Systems Of Penalty (Relative To The
the following penalties shall be imposed: Execution Of Two Or More Penalties Imposed The
1. grave felony – arresto mayor max to prision Same Accused)
correcional minimum 1. Material accumulation system - No
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Section Three. — Provisions common in the last ART. 78: WHEN AND HOW A PENALTY IS TO
two preceding sections BE EXECUTED
NOTES:
ART. 73: PRESUMPTION IN REGARD TO THE Only a penalty by final judgment can be
IMPOSITION OF ACCESSORY PENALTIES executed. Judgment is final if the accused
has not appealed within 15 days or he has
NOTE: Accessory penalties are deemed imposed expressly waived in writing that he will not
with the principal penalty. However, the subsidiary appeal.
imprisonment must be expressly stated in the There could be no subsidiary liability if it was
decision, as it is not considered an accessory not expressly ordered in the judgment.
penalty.
ART. 79: SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES IN CASE
ART. 74: PENALTY HIGHER THAN RECLUSION OF INSANITY
PERPETUA IN CERTAIN CASES
Cases of insanity:
NOTE: If the decision or law says higher than 1. After final sentence, suspend the sentence
QuickTime™ and a
reclusion perpetua TIFF
or (Uncompressed)
2 degreesdecompressor
higher than reclusion regarding the personal penalties.
are needed to see this picture.
temporal, then the penalty imposed is reclusion 2. If he recovers, the sentence is executed
perpetua or reclusion temporal as the case may be, unless it has prescribed.
and not death. Death must be designated by name. 3. The payment of civil of pecuniary liabilities
However, for the other penalties, this does not apply. shall not be suspended.
sentence
INDETERMINATE SENTENCE LAW 7. granted with conditional pardon by the
Act No. 4103 as amended by Act No. 4225 President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
- It applies to both violations of Revised Penal Code suspension only
and special laws, and is based on the penalty
actually imposed. RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
Indeterminate sentence is mandatory where release of a prisoner on parole, after he shall have
imprisonment would exceed one year. served the minimum penalty imposed on him,
provided that:
IF THE PENALTY IS IMPOSED BY THE RPC: 1. Such prisoner is fitted by his training for
1. The Maximum Term – is that which could be release,
properly imposed under the RPC, considering the 2. There is reasonable probability that he will live
aggravating and mitigating circumstances. and remain at liberty without violating the law,
2. The MinimumTerm – is within the range of the 3. Such release will not be incompatible with the
penalty one degree lower than that prescribed by welfare of society.
the RPC, without considering the circumstances.
BUT when there is a privileged mitigating ENTITLEMENT TO FINAL RELEASE AND
circumstance, so that the penalty has to be DISCHARGE
lowered by one degree, the STARTING POINT If during the period of surveillance such paroled
for determining the minimum term of the prisoner shall: (a) show himself to be a law abiding
indeterminate penalty is the penalty next lower citizen and, (b) shall not violate any law, the Board
than that prescribed by the Code for the offense. may issue a final certification in his favor, for his final
release and discharge.
IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW SANCTION FOR VIOLATION OF CONDITIONS OF
1. The Maximum Term – must not exceed the THE PAROLE
maximum term fixed by said law. When the paroled prisoner shall violate any of the
2. The Minimum Term – must not be less than conditions of his parole: (a) the Board may issue an
the minimum term prescribed by the same. order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
For SPECIAL LAWS, it is anything within the maximum sentence for which he was originally
inclusive range of the prescribed penalty. Courts committed to prison.
are given discretion in the imposition of the
indeterminate penalty. The aggravating and REASONS FOR FIXING THE MAXIMUM AND
mitigating circumstances are not considered MINIMUM TERMS IN THE INDETERMINATE
unless the special law adopts the same SENTENCE
terminology for penalties as those used in the The minimum and maximum terms in the IS must be
RPC (such as reclusión perpetua and the like). fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the
WHEN BENEFIT OF THE ISL IS NOT MINIMUM penalty imposed on him, and (b) is
APPLICABLE: fit for release of the prisoner on parole, upon
QuickTime™ and a
The IndeterminateTIFF
Sentence
(Uncompressed)Law shall not apply
decompressor terms and conditions prescribed by the
are needed to see this picture.
to the following persons: Board.
1. sentenced to death penalty or life 2. But when the paroled prisoner violates any of
imprisonment the conditions of his parole during the period
2. treason, or conspiracy or proposal to commit of surveillance, he may be rearrested to
treason serve the remaining unexpired portion of the
3. misprision of treason, rebellion, sedition or MAXIMUM sentence.
espionage 3. Even if a prisoner has already served the
4. piracy MINIMUM, but he is not fitted for release on
5. habitual delinquents the parole, he shall continue to serve until the
6. escaped from confinement, or evaded end of the MAXIMUM term.
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said day. The execution shall not take place until after surveillance of an officer of the law whenever
the expiration of at least 8 hours following such the court so provides in the decision due to
notification. the health of the offender. But the reason is
not satisfactory just because the offender is a
respectable member of the community.
ART. 83: SUSPENSION OF THE EXECUTION
OF THE DEATH SENTENCE
ART. 86: RECLUSION PERPETUA, RECLUSION ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
TEMPORAL, PRISION MAYOR, PRISION EXTINGUISHED
CORRECCIONAL AND ARRESTO MAYOR
PAR. 1. BY DEATH
ART. 87: DESTIERRO
NOTES:
Extinguishment of criminal liability is a
ground for motion to quash.
Destierro Shall Be Imposed In The Following Criminal liability whether before or after final
Cases: judgment is extinguished upon death
1. death or serious physical injuries is caused because it is a personal penalty.
or are inflicted under exceptional Pecuniary penalty is extinguished only when
circumstance death occurs before final judgment.
2. person fails to give bond for good behavior The death of the offended party however
3. concubine’s penalty for the crime of does not extinguish criminal liability of the
concubinage accused because it is a crime against the
4. lowering the penalty by degrees state.
Execution of Destierro:
1. Convict shall not be permitted to enter the PAR. 2. BY SERVICE OF SENTENCE
place designated in the sentence nor within
the radius specified, which shall not be more NOTES:
QuickTime™ and a
than 250 and not less decompressor
TIFF (Uncompressed) than 25 km from the Crime is a debt, hence extinguished upon
are needed to see this picture.
place designated. payment.
2. If the convict enters the prohibited area, he Service does not extinguish civil liability.
commits evasion of sentence.
PAR. 3. BY AMNESTY
ART. 88: ARRESTO MENOR
Amnesty – is an act of the sovereign power granting
NOTE: oblivion or general pardon. It wipes all traces and
Served where: vestiges of the crime but does not extinguish civil
1. In the municipal jail liability.
2. In the house of the offender, but under the
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NOTES:
If a government has an extradition treaty with NOTES:
the country to which a convict escaped, but Consent is not necessary in commutation.
the crime is not included in the treaty, the Prisoner is also allowed special time
running of the prescription is still interrupted. allowance for loyalty which is 1/5 deduction
Evasion of sentence starts the running of the of the period of his sentence.
prescription. It does not interrupt it.
Acceptance of the conditional pardon PAROLE – consists in the suspension of the
interrupts the prescription period. sentence of a convict after serving the minimum term
Rolito Go case: Since he was captured, he of the indeterminate penalty, without granting pardon,
is only supposed to serve the remainder of prescribing the terms upon which the sentence shall
his sentence. Reason: During the period he be suspended. In case his parole conditions are not
escaped, his existence was one of fear and observed, a convict may be returned to the custody
discomfort. and continue to serve his sentence without deducting
the time that elapsed.
ART. 94: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY Good conduct allowance during confinement –
Deduction for the term of sentence for good behavior
Conditional pardon – contract between the
sovereign power of the executive and the convict
Allowances For Good Conduct Per Year
NOTE: Convict shall not violate any of the penal laws Years Allowance
of the Philippines.
First 2 years 5 days per month of good
In Case Of Violation Of Conditions: behavior
3rd to 5th years 8 days per month of good
1. Offender is re-arrested and re-incarcerated
behavior
2. Prosecution under Art. 159 Following years up to 10 days per month of good
10th year behavior
COMMUTATION – change in the decision of the 11th year and 15 days per month of good
court by the chief regarding the: successive years behavior
1. degree of the penalty
2. by decreasing the length of the NOTE: Condition of pardon is limited to unserved
imprisonment or fine portion of the sentence, unless an intention to extend
it beyond the time is manifest.
Commutation Allowed When:
1. person is over 70 years old ART. 96: EFFECT OF COMMUTATION OF
2. 8 justices fail to reach a decision affirming SENTENCE
the death penalty
ART. 97: ALLOWANCE FOR GOOD CONDUCT
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Indemnity for medical services still unpaid jointly and severally liable, for the indemnity due from
may be recovered. said principal.
Contributory negligence on the part of the
offended party reduces the civil liability of the ART. 110: SEVERAL AND SUBSIDIARY
offender. LIABILITY OF PRINCIPALS, ACCOMPLICES
The civil liability may be increased only if it AND ACCESSORIES OF A FELONY;
will not require an aggravation of the decision PREFERENCE IN PAYMENT
in the criminal case on which it is based.
The amount of damages for death shall be at Each class of principals, accomplices and
least 50,000, even though there may have accessories is liable solidary for their share and
been mitigating circumstances. subsidiarily liable for the share of the other classes.
In addition:
1. payment for the loss of the earning Preference In Enforcement Of Subsidiary
capacity of the deceased Liability:
2. If the deceased was obliged to give 1. against the property of the principal
support, the recipient, who is not an 2. against that of the accomplice
heir, may demand support from the 3. against that of the accessories
defendant.
3. The spouse, illegitimate descendants ART. 111: OBLIGATION TO MAKE
and ascendants of the deceased RESTITUTION IN CERTAIN CASES
may demand for moral damages.
NOTES:
Moral damages may be recovered in the This refers to a person who has participated
following: gratuitously in the proceeds of a felony and
1. physical injuries he is bound to make restitution in an amount
2. seduction, abduction, rape equivalent to the extent of such participation.
3. adultery, concubinage The third person must be innocent of the
4. illegal or arbitrary detention commission of the crime, otherwise he would
5. illegal search be liable as an accessory and this article will
6. libel, slander, defamation not apply.
7. malicious prosecution
Ex. A stole a ring worth 1k which he gave to B who
ART. 108: OBLIGATION TO MAKE accepted it without knowledge that it was stolen. B
RESTORATION, REPARATION FOR DAMAGES, sold the ring to C for 500. B is liable to make
OR INDEMNIFICATION FOR CONSEQUENTIAL restitution up to 500 only.
DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES
Chapter Three
NOTES: EXTINCTION AND SURVIVAL OF CIVIL
The heirs of the person liable has no LIABILITY
obligation if restoration is not possible and
the deceased left no property.
Civil liability is possible only when the
offender dies after final judgment.
If the death of the offender took place before ART. 112: EXTINCTION OF CIVIL LIABILITY
QuickTime™ and a
any final TIFFjudgment of conviction was
(Uncompressed) decompressor
are needed to see this picture.
rendered against him, the action for Civil Liability Is Extinguished By:
restitution must necessarily be dismissed. 1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
ART. 109: SHARE OF EACH PERSON CIVILLY
4. confusion or merger of the rights of creditor
LIABLE
and debtor
NOTE: In case of insolvency of the accomplices, the 5. compensation
principal shall be subsidiarily liable for their share of 6. novation
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,
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NOTES:
ART. 113: OBLIGATION TO SATISFY CIVIL • Treason – breach of allegiance to the
LIABILITY government by a person who owes
allegiance to it.
NOTES: • Allegiance – obligation of fidelity and
Unless extinguished, civil liability subsists obedience which individuals owe to the
even if the offender has served sentence government under which they live or to their
consisting of deprivation of liberty or other sovereign, in return for protection they
rights or has not served the same, due to receive
amnesty, pardon, commutation of the • Treason is a war crime - punished by state
sentence or any other reason. as a measure of self-protection
Under the law as amended, even if the • Committed in times of war (not peace)
subsidiary imprisonment is served for non- when
payment of fines, this pecuniary liability of the - there is actual hostilities
defendant is not extinguished. - no need for a declaration of war.
While amnesty wipes out all traces and • Mere acceptance of public office and
vestiges of the crime, it does not extinguish discharge of official duties under the enemy
the civil liability of the offender. A pardon shall do not constitute per se the felony of treason.
in no case exempt the culprit from the But when the position is policy-determining,
payment of the civil indemnity imposed upon the acceptance of public office and the
him by the sentence. discharge of official duties constitute treason.
Probation affects only the criminal aspect of
the crime.
PERSONS LIABLE:
1. Filipino – permanent allegiance; can commit
treason anywhere
2. Alien Residing – temporary allegiance;
BOOK II commit treason only while residing in
Philippines
NOTES:
• Treason committed in a foreign country may
TITLE ONE be prosecuted in the Philippines. (Art.2,
CRIMES AGAINST NATIONAL SECURITY RPC)
AND THE LAW OF NATIONS • Treason by an alien must be committed in
the Philippines. (EO 44).
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should have the apparent power to and is therefore inseparable from treason
succeed in their design, in whole or in part itself.
• Adherence – intellectually or emotionally • DEFENSE:
favors the enemy and harbors sympathies or - Duress or uncontrollable fear
convictions disloyal to his country’s policy or - Obedience to de facto government
interest. • NOT DEFENSE:
• Aid or Comfort – act w/c strengthens or - Suspended allegiance
tends to strengthen the enemy of the - Joining the enemy army thus becoming a
government in the conduct of war against the citizen of the enemy
government, or an act w/c weakens or tends
to weaken the power of the government or
the country to resist or to attack the enemies ART. 115. CONSPIRACY AND PROPOSAL TO
of the gov’t or country COMMIT TREASON
WAYS TO PROVE:
1. Treason ELEMENTS – CONSPIRACY:
a. Testimony of at least 2 witnesses
to the same overt act 1. In time of war;
b. Judicial confession of accused 2. Two or more persons come to an agreement
2. Adherence to -
a. One witness a. levy war against the government, or
b. Nature of act itself b. adhere to the enemies and to give
c. Circumstances surrounding act them aid or comfort
3. They decide to commit it.
NOTES:
• To convict: testimonies must relate to the ELEMENTS – PROSOPAL:
same overt act – not two similar acts 1. In time of war
• If act is separable – each witness can testify 2. A person who has decided to levy war
to parts of it; but the act, as a whole, must be against the government, or to adhere to the
identifiable as an overt act enemies and to give them aid or comfort
• Confession must be in open court 3. Proposes its execution to some other
• Reason for 2-witness rule Æ special nature person/s.
of the crime requires that the accused be
afforded a special protection not required in General Notes:
other cases so as to avoid a miscarriage of • As a general rule, conspiracy and proposal to
justice. Extreme seriousness of the crime, commit a felony is not punishable (ART.8).
for which death is one of the penalties Art 115 is an exception as it specifically
provided by law, and the fact that the crime is penalizes conspiracy and proposal to
committed in abnormal times, when small commit treason.
differences may in mortal enmity wipe out all • Mere agreement and decision to commit
scruples in sacrificing the truth. treason is punishable.
• Two-witness rule – not applicable since this
General Notes: is a crime separate from treason
• Inherent circumstances Æ they do not • Mere proposal even without acceptance is
aggravate the crime QuickTime™ and a
punishable, too. If the other accepts, it is
- EvidentTIFFpremeditation
(Uncompressed) decompressor
are needed to see this picture. already conspiracy.
- superior strength • If actual acts of treason are committed after
- treachery the conspiracy or proposal, the crime
• Treason is a continuing crime. Even after the committed will be treason, and the
war, offender can still be prosecuted. conspiracy or proposal is considered as
• No treason through negligence since it must a means in the commission thereof.
be intentional
• No complex crime of treason with murder –
murder is the overt act of aid or comfort
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• Piracy in high seas – jurisdiction of any court 3. Directly or indirectly abets the commission of
where offenders are found or arrested. piracy.
• Piracy in internal waters – jurisdiction of
Philippine courts. NOTE: Under PD 532, piracy may be committed
• For purposes of the Anti-Fencing Law, even by a passenger or member of the
piracy is part of robbery and theft. complement of the vessel.
PD 532 (ANTI-PIRACYQuickTime™
AND ANTI-HIGHWAY
and a
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ROBBERY are needed to seeOF
LAW 1974)
this picture. R. A. NO. 6235
Anti-Hijacking Law
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ART. 130. SEARCHING DOMICILE WITHOUT • Meeting must be peaceful and there is no
WITNESSES legal ground for prohibiting, dissolving or
interrupting that meeting.
• Offender must be a stranger, not a
ELEMENTS:
participant, in the peaceful meeting;
1. That the offender is a public officer or
otherwise, the offense is unjust
employee;
vexation.
2. That he is armed with a search warrant
• Interrupting and dissolving a meeting of the
legally procured;
municipal council by a public officer is a
3. That he searches the domicile, papers or
crime against the legislative body and
other belongings of any person; and
not punishable under this article.
4. That the owner, or any member of his
family, or two witnesses residing in the • The person talking on a prohibited subject at
same locality are not present. a public meeting contrary to agreement
that no speaker should touch on politics
NOTES: may be stopped.
• Order of those who must witness the • But stopping the speaker who was attacking
search: certain churches in public meeting is a
- Homeowner violation of this article.
- Members of the family of sufficient • Those holding peaceful meetings must
age and discretion comply with local ordinances. Example:
- Responsible members of the Ordinance requires permits for meetings
community in public places. But if a police stops a
• Validity of the search warrant can be meeting in a private place because
questioned only in 2 courts: where issued there’s no permit, officer is liable for
or where the case is pending. The latter is stopping the meeting.
preferred for objective determination.
ART. 132. INTERRUPTION OF RELIGIOUS
ART. 131. PROHIBITION, INTERRUPTION, AND ELEMENTS:
DISSOLUTION OF PEACEFUL MEETINGS 1. That the officer is a public officer or
employee;
2. That religious ceremonies or
ELEMENTS: manifestations of any religion are about to
1. Offender is a public officer or employee; take place or are going on; and
2. He performs any of the following acts: 3. That the offender prevents or disturbs the
a. prohibiting or interrupting, without same.
legal ground the holding of a peaceful
meeting, or dissolving the same NOTES:
(e.g. denial of permit in arbitrary
manner). Qualifying circumstances:
b. hindering any person from joining 1. violence; or
any lawful association or from 2. threats.
attending any of its meetings
c. prohibiting or hindering any person • Reading of Bible and then attacking certain
QuickTime™ and a
fromTIFFare(Uncompressed)
addressing, either alone or
decompressor
needed to see this picture. churches in a public plaza is not a
together with others, any petition to ceremony or manifestation of religion, but
the authorities for the correction of only a meeting of a religious sect. But if
abuses or redress of grievances. done in a private home, it’s a religious
service.
NOTES: • Religious Worship includes people in the act
• If the offender is a private individual, the of performing religious rites for a religious
crime is disturbance of public order ceremony or a manifestation of religion.
(Art 153). Examples: Mass, baptism, marriage
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• X, a private person, boxed a priest while the (132) ntal law religious =
priest was giving homily and maligning a of the tumult or
relative of X. Is X liable? X may be liable state alarms
under Art 133 (Offending religious feelings) If not
because X is a private person. notoriously
offensive =
unjust
ART. 133. OFFENDING RELIGIOUS FEELINGS vexation
Offending Crime Public If not tumults
ELEMENTS: the against officers, = alarms
1. Acts complained of were performed – Religious public private and scandal
a. in a place devoted to religious Feeling order persons, If meeting
feelings, or (133) outsiders illegal at
b. during the celebration of any onset =
religious ceremony inciting to
2. Acts must be notoriously offensive to the sedition or
feelings of the faithful; rebellion
3. Offender is any person; and
4. There’s a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.
TITLE THREE
NOTES: CRIMES AGAINST PUBLIC ORDER
• If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
• Example of religious ceremony (acts
POLITICAL CRIMES – are those directly aimed
performed outside the church):
against the political order, as well as such common
Processions and special prayers for
crimes as may be committed to achieve a political
burying dead persons but NOT prayer
purpose. The decisive factor is the intent or motive.
rallies.
• Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or ART. 134. REBELLION OR INSURRECTION
scoffing or attempting to damage an
object of religious veneration.
ELEMENTS:
• There must be deliberate intent to hurt the 1. That there be a public armed uprising; and
feelings of the faithful, mere arrogance 2. That the purpose of the uprising or
or rudeness is not enough. movement is either:
a. to remove from the allegiance to
CRIME NATURE WHO IF ELEMENT said government or its laws the
OF ARE MISSING territory of the Philippines or any part
CRIME LIABLE thereof or any body of land, naval or
Prohibition, Crime Public If not by other armed forces, or
Interruption against officers,
QuickTime™ and a
TIFF (Uncompressed) decompressor
public officer b. to deprive the chief executive or
and the are needed toOutsiders
see this picture. = congress, wholly or partially, of any
Dissolution fundame Tumults of their powers or prerogatives.
of ntal law
Peaceful of the PERSONS LIABLE:
Meeting state 1. Any person who: (a) promotes, (b) maintains,
(131) or (c) heads a rebellion or insurrection
Interruption Crime Public If by insider = (leader);
of against officers, unjust 2. Any person merely participating or
Religious the Outsiders vexation executing the command of others in
Worship fundame If not rebellion (participant); and
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3. Any person who in fact directed the others, c. signed receipts and other documents
spoke for them, signed receipts and other issued in their name, and d. performed
documents issued in their name, or similar acts on behalf of the rebels.
performed similar acts, on behalf of the • Diverting public funds is malversation
rebels (person deemed leader when leader absorbed in rebellion.
is unknown) • Public officer must take active part, because
mere silence or omission is not
NOTES: punishable as rebellion.
• Rebellion is the term used where the object • In rebellion, it is not a defense that the
of the movement is completely to accused never took the oath of
overthrow and supersede the existing allegiance, or that they never recognized
government. the government.
• Insurrection refers to a movement which
seeks merely to effect some change of ART. 134 – A. COUP D’ ETAT
minor importance to prevent the exercise
of governmental authority w/ respect to ELEMENTS:
particular matters or subjects. 1. Offender is a person or persons belonging to
• Purpose of the uprising must be shown the military, or police or holding any public
but it is not necessary that it be office or employment,
accomplished. 2. Committed by means of swift attack,
• If there is no public uprising, the crime is accompanied by violence, intimidation,
direct assault. threat, strategy or stealth;
• Mere giving of aid or comfort is not 3. Directed against:
criminal in the case of rebellion. There a. duly constituted authorities of the
must be ACTUAL participation. Philippines
• people vs. Hernandez ruling: rebellion b. any military camp or installation
cannot be complexed with ordinary c. communication networks, public
crimes done pursuant to it utilities or other facilities needed for
• people vs. Geronimo ruling: crimes done the exercise and continued
for private purposes without political possession of power
motivation should be separately 4. For the purpose of seizing or diminishing
punished state power.
• Enrile vs. Salazar ruling: upheld
Hernandez
• Thus: Rebellion absorbs other crimes PERSONS LIABLE:
committed in furtherance of rebellion. 1. Any person who leads or in any manner
Illegal possession of firearms in directs or commands others to undertake
furtherance of rebellion is absorbed by coup d’etat (leaders);
the crime of rebellion. A private crime 2. Any person in the government service who
may be committed during rebellion. participates or executes directions or
Rape, even if not in furtherance of commands of others in undertaking coup
rebellion cannot be complexed with d’etat (participants from government);
rebellion. 3. Any person not in the government service
• Rebellion is a continuing crime along with who participates, or in any manner, supports,
the crime of QuickTime™
conspiracy and a or proposal to finances, abets, or aids in undertaking a coup
TIFF (Uncompressed) decompressor
commit rebellion.
are needed to see this picture.
d’etat (participants not from government);
and
• If killing or robbing were done for private
4. Any person who in fact directed the others,
purposes or for profit, without any
spoke for them, signed receipts and other
political motivation, the crime would
documents issued in their name, or
• be separately be punished and would not
performed similar acts, on behalf of the
be embraced by rebellion (People v.
rebels (deemed leader if leader is unknown)
Fernando).
• If the leader is unknown, a person is
deemed a leader of rebellion if he: a.
directed the others, b. spoke for them,
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Levying war against the Public uprising Attack against authorities, Rising publicly
Overt acts gov’t; AND military camp, networks or and tumultuously
OR Taking up arms against public utilities, or other facilities (more
Adherence and giving the gov’t for power than 3 men who are armed or
aid or comfort to provided with
enemies means of violence)
Purpose Deliver the gov’t to the Removing territory , or Seizing or diminishing state See enumeration in article.
enemy during war body of armed forces, or power.
depriving the Chief
Executive or Legislature
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are needed to see this picture.
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3. Writing, publishing, or circulating scurrilous 2. That the offender who may be any person
[vulgar, mean, libelous] libels against the prevents such meeting by force or fraud.
government or any of the duly constituted
authorities thereof, which tend to disturb NOTE: Chief of Police and mayor who prevented the
the public peace; or meeting of the municipal council are liable under Art.
4. Knowingly concealing such evil practices. 143, when the defect of the meeting is not manifest
and requires an investigation before its existence can
be determined.
ELEMENTS of ACT 1:
1. That the offender does not take a direct part
in the crime of sedition; ART. 144. DISTURBANCE OF
2. That he incites others to the accomplishment PROCEEDINGS
of any of the acts which constitute sedition; ELEMENTS:
and 1. An actual meeting of Congress or any of its
3. That the inciting is done by means of committees, constitutional commissions or
speeches, proclamations, writing, emblems, committees or divisions thereof, or of any
cartoons, banners, or other representations provincial board or city or municipal
tending to the same end. council or board; and
2. That the offender does any of the following
UTTERING AND WRITING PUNISHABLE: acts
1. when they tend to disturb or obstruct any a. he disturbs any of such meetings
public officer in executing the functions of his b. he behaves while in the presence of
office; or any such bodies in such a manner as
2. when they tend to instigate others to cabal to interrupt its proceedings or to
and meet together for unlawful purposes; or impair the respect due it.
3. when they suggest or incite rebellious
conspiracies or riots; or NOTE: Complaint must be filed by member of the
4. when they lead or tend to stir up the people Legislative body. Accused may also be punished for
against the lawful authorities or to disturb the contempt by the legislative body.
peace of the community, the safety and order
of the government.
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.
3 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule ACTS PUNISHABLE:
2. Clear and Present Danger rule 1. By using force, intimidation, threats, or
3. Balance of Interests rule fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
Chapter Two - CRIMES AGAINST commissions or committees or divisions
POPULAR REPRESENTATION thereof, or from expressing his opinions or
casting his vote.
ELEMENTS:
ART. 143. ACTS TENDING TO PREVENT THE 1. Offender uses force, intimidation,
QuickTime™ and a
MEETING OF THE ASSEMBLY
TIFF (Uncompressed) AND SIMILAR
decompressor threat or fraud
are needed to see this picture.
BODIES 2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
ELEMENTS: b. Expressing his opinions; or
1. A projected or actual meeting of Congress or c. Casting his vote.
any of its committees or subcommittees,
constitutional commissions or committees or 2. By arresting or searching any member
divisions thereof, or of any provincial board thereof while Congress is in a regular or
or city or municipal council or board; and special session, except in case such
member has committed a crime punishable
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in Art 131 and 132 (Public Officers before they have been published
interrupting peaceful meetings or religious officially.
worship); 3. Printing, publishing or distributing or
3. Making any outcry tending to incite (causing the same) books, pamphlets,
rebellion or sedition in any meeting, periodicals or leaflets which do not bear the
association or public place; real printer’s name, or which are
4. Displaying placards or emblems which classified as anonymous.
provoke a disturbance of public order in
such place;
5. Burying with pomp the body of a person ARTICLE 155. ALARMS AND SCANDALS
who has been legally executed.
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ELEMENTS: NOTES:
• Penalty of commission of this felony is an
1. That the offender is a convict by final
increase by 1/5 of the time remaining to
judgment;
be served under the original sentence, in
2. That he is serving his sentence which
no case to exceed 6 months.
consists in deprivation of liberty (destierro
included); and • The special allowance for loyalty (i.e.
3. That he evades the service of his sentence deduction of sentence) authorized by
nd
by escaping during the term of his sentence. Articles 98 and 158(2 paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
NOTES:
penal institution, give themselves up
• This is a continuing offense.
within 48 hours.
• This article does not apply to minor
• A mutiny is an organized unlawful resistance
delinquents, detention prisoners, or
to a superior officer, a sedition, or a revolt.
deportees.
Disarming the guards is not mutiny.
• If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final. ARTICLE 159. OTHER CASES OF EVASION OF
• Circumstances qualifying the offense: SERVICE OF SENTENCE
Evasion ofTIFF
sentence was
QuickTime™ and a
(Uncompressed) done through:
decompressor ELEMENTS:
• unlawful entry (by “scaling”);
are needed to see this picture.
1. That the offender was a convict;
• breaking doors, windows, gates, walls, roofs or 2. That he was granted a conditional pardon
floors; by the chief executive; and
• using picklocks, false keys, disguise, deceit, 3. That he violated any of the conditions of
violence or intimidation; or such pardon.
• connivance with other convicts or employees of
the penal institution. TWO PENALTIES:
1. prision correccional in its minimum period – if
the penalty remitted does not exceed 6
years.
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ACTS OF FALSIFICATION
ARTICLE 171. FALSIFICATION BY PUBLIC a. Counterfeiting or imitating any
OFFICER, EMPLOYEE OR NOTARY OR handwriting, signature or rubric.
ECCLESIASTICAL MINISTER
COUNTERFEITING
ELEMENTS:
ELEMENTS: 1) That there be an intent to imitate, or
1. That the offender is a public officer, employee, an attempt to imitate; and
or notary public. 2) That the two signatures or
2. That he takes advantage of his official handwritings, the genuine and the
position. forged, bear some resemblance, to
a. He has the duty to make or to prepare or each other.
otherwise to intervene in the preparation of
the document; or • Lack of similitude/imitation of a
b. He has the official custody of the document genuine signature will not be a
which he falsifies ground for conviction under par. 1
3. That he falsifies a document by committing any but such is not an impediment to
of the following acts: conviction under par. 2.
a. Counterfeiting or imitating any handwriting,
signature or rubric. b. Causing it to appear that persons have
b. Causing it to appear that persons have participated in an act or a proceeding
participated in any act or proceeding when 1. That the offender caused it to appear
they did not in fact so participate in a document that a person or
c. Attributing to persons who have participated persons participated in an act or a
in an act or proceeding statements other than proceeding
those in fact made by them. 2. That such person did not in fact
d. Making untruthful statements in a narration of participate in the act or proceeding
facts.
e. Altering true dates. c. Attributing to persons who have
f. Making any alteration or intercalation in a participated in any act or proceeding
genuine document which changes its statements other than those in fact made
meaning. by them.
g. Issuing in authenticated form a document 1. That a person or persons
purporting to be a copy of an original participated in an act or a proceeding
document when no such original exists, or 2. That such person or persons made
including in such copy a statement contrary statements in that act or proceeding;
to, or different from, that of the genuine and
original. 3. That the offender, in making a
h. Intercalating any instrument or note relative document, attributed to such person
to the issuance thereof in a protocol, registry or persons statements other than
or official book. those in fact made by such person or
4. In case the offender is an ecclesiastical persons
minister, the act of falsification is committed with
respect to any record or document of such d. Making untruthful statements in a
character that its falsification may affect the narration of facts.
QuickTime™ and a
civil status of TIFF
persons.
(Uncompressed) decompressor
are needed to see this picture.
ELEMENTS:
PERSONS WHO MAY BE HELD LIABLE 1. That the offender makes in a
1. Public officer, employee, or notary public document statements in a narration
who takes advantage of his official position of facts
2. Ecclesiastical minister if the act of 2. That he has a legal obligation to
falsification may affect the civil status of disclose the truth of the facts
persons narrated by him
3. Private individual, if in conspiracy with 3. That the facts narrated by the
public officer offender are absolutely false;
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c. Public records, kept in the Philippines, of document, there was no damage or intent to
private documents required by law to be cause damage.
entered therein. • A private document may acquire the character
• Commercial documents: warehouse receipts, of a public document when it becomes part of
airway bills, bank checks, cash files, deposit slips an official record and is certified by a public
and bank statements, journals, books, ledgers, officer duly authorized by law.
drafts, letters of credit and other negotiable • The crime is falsification of public documents
instruments. even if the falsification took place before the
• Cash disbursement vouchers or receipts private document became part of the public
evidencing payments are not commercial records.
documents.
• A mere blank form of an official document is not
in itself a document. ELEMENTS OF USE OF FALSIFIED DOCUMENT
• The possessor of falsified document is (par. 3, art. 172):
presumed to be the author of the falsification.
• Issuing in authenticated form a document(art. Introducing in a judicial proceeding
171(7)) purporting to be a copy of an original 1. That the offender knew that a document was
document when no such original exists, or falsified by another person.
including in such copy a statement contrary to, or 2. That the false document is embraced in art.
different from, that of the genuine original - can 171 or in any subdivisions nos. 1 and 2 of
be committed only by a public officer or notary art. 172.
public who takes advantage of his official position 3. That he introduced said document in
since the authentication can be made only by the evidence in any judicial proceeding.
custodian or the one who prepared and retained
a copy of the original document Use in any other transaction
1. That the offender knew that a document was
ELEMENTS OF FALSIFICATION OF PRIVATE falsified by another person.
DOCUMENT: 2. That the false document is embraced in art.
171 or in any of subdivision nos. 1 and 2
1. That the offender committed any of the acts
of art. 172.
of falsification, except those in paragraph
3. That he used such documents (not in judicial
7 and 8, enumerated in art. 171;
proceedings).
2. That the falsification was committed in any
4. That the use of the documents caused
private document; and
damage to another or at least was used
3. That the falsification caused damage to a
with intent to cause such damage.
third party or at least the falsification was
committed with intent to cause such
The user of the falsified document is deemed the
damage
author of the falsification, if:
.
1. The use was so closely connected in time
• It is not necessary that the offender profited
with the falsification, and
or hoped to profit
2. The user had the capacity of falsifying the
• A document falsified as a necessary means to document.
commit another crime (complex crime) must be
public, official or commercial. Hence, there is
FALSIFICATION OF FALSIFICATION OF
no complex crime of estafa through
PRIVATE PUBLIC/
falsification ofTIFF QuickTime™
a (Uncompressed)
private and a
document because the
decompressor DOCUMENTS OFFICIAL DOCUMENTS
immediate effect of the latter is the same as that
are needed to see this picture.
Damage to third party Damage to third persons is
of estafa.
is an element of the immaterial;
• There is no falsification through reckless
offense. what is punished is the
imprudence if the document is private and no
violation of public faith and
actual damage is caused.
perversion of truth which the
• If the estafa was already consummated at the document proclaims.
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
As regards the falsification of the private
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ARTICLE 173. FALSIFICATION OF WIRELESS, false certificate which refers to the illness or
CABLE, TELEGRAPH, AND TELEPHONE injury of a person.
MESSAGES, AND USE OF SAID FALSIFIED 2. Public officer who issued a false certificate
MESSAGES of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence
ACTS PUNISHABLE: 3. Private individual who falsified a certificate
1. Uttering fictitious, wireless, telegraph or under (1) and (2).
telephone message or falsifying message.
ARTICLE 175. USING FALSE
ELEMENTS: CERTIFICATES
a. That the offender is an officer or
employee of the government or an officer
or employee of a private corporation, CERTIFICATE - any writing by which testimony is
engaged in the service of sending or given that a fact has or has not taken place
receiving wireless, cable or telephone
message; and ELEMENTS:
b. That the accused commits any of the 1. That a physician or surgeon has issued a
following acts: false medical certificate, or a public officer
- uttering fictitious wireless, cable, has issued a false certificate of merit or
telegraph, or telephone message, or service, good conduct, or similar
- falsifying wireless, cable, telegraph, circumstances, or a private person had
or telephone message falsified any of said certificates;
• A private individual may be a principal by 2. That the offender knew that the certificate
inducement but not direct participation was false; and
3. That he used the same.
2. Using such falsified message.
• When any of false certificates mentioned in
ELEMENTS: Article 174 is used in judicial proceedings, Article
a. That the accused knew that wireless, 172 does not apply because it is limited only to
cable, telegraph, or telephone message those false documents embraced in Articles 171
was falsified by any of the person and 172.
specified in the first paragraph of art.
173;
ARTICLE 176. MANUFACTURING AND
b. That the accused used such falsified
POSSESSION OF INSTRUMENTS OR
dispatch; and
IMPLEMENTS FOR FALSIFICATION
c. That the use of the falsified dispatch
resulted in the prejudice of a third ACTS PUNISHABLE:
party, or that the use thereof was with 1. Making or introducing into the Philippines
intent to cause such prejudice. any stamps, dies or marks or other
instruments or implements for
• The public officer, to be liable, must be counterfeiting or falsification.
engaged in the service of sending or 2. Possessing with intent to use the
receiving wireless, cable and telegraph or instruments or implements for counterfeiting
telephone message. or falsification made in or introduced into the
• Act No. 1851, QuickTime™
Sec. 4, and a
punishes private Philippines by another person.
individualsTIFF
who forge
(Uncompressed)or alter
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telegram.
NOTES:
• The implements confiscated need not form
ARTICLE 174. FALSE MEDICAL a complete set. It is enough that they may
CERTIFICATES, FALSE CERTIFICATES OF be employed by themselves or together with
MERIT OR SERVICE, ETC other implements to commit the crime of
counterfeiting or falsification.
PERSONS LIABLE: • Constructive possession is also punished.
1. Physician or surgeon who, in connection • Article 165 and 176 of the Revised Penal
with the practice of his profession, issued a Code, also punish constructive possession.
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NOTES:
ELEMENTS: • Violation of this article requires criminal intent.
Hence, it cannot be committed through
1. That the offender makes use of insignia,
negligence.
uniform or dress;
2. That the insignia, uniform or dress pertains to • The offender need not impute guilt upon the
an office not held by the offender or to a accused to be liable.
class of persons of which he is not a • The defendant must at least be sentenced to a
member; and QuickTime™ and a
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3. That said insignia,
are needed touniform or dress is used
see this picture. been acquitted.
publicly and improperly. • The witness who gave false testimony is liable
even if the court did not consider his
NOTES: testimony.
• An exact imitation of the dress or uniform is • Penalty depends upon sentence imposed
unnecessary; a colorable resemblance on the defendant except in the case of a
calculated to deceive is sufficient judgement of acquittal. Since Art. 180 does
• The term “improperly” means that the offender not prescribe the penalty where the
has no right to use the uniform or insignia. defendant in a criminal case is sentenced to
a light penalty, false testimony in this
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instance cannot be punished considering • Basis of penalty: amount involved in the civil
that a penal must be strictly construed. case.
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• False testimony before the justice of the 4. That the accused had the intent to cause
peace during a preliminary investigation may the reduction of the price of the thing
give rise to the crime of perjury, not false auctioned.
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is ELEMENTS OF ATTEMPTING TO CAUSE
rendered. BIDDERS TO STAY AWAY:
1. That there be a public auction;
2. That the accused attempted to cause the
bidders to stay away from that public
ART. 184. OFFERING FALSE TESTIMONY IN auction;
EVIDENCE 3. That it was done by threats, gifts,
promises, or any other artifice; and
ELEMENTS: 4. That the accused had the intent to cause
1. That the offender offered in evidence a false the reduction of the price of the thing
witness or false testimony; auctioned.
2. That he knew the witness or the testimony
was false; and NOTES:
3. That the offer was made in a judicial or • The crime is consummated by the mere act of
official proceeding. soliciting a gift or promise for the purpose of
abstaining from taking part in any public
NOTES: auction.
• This article applies when the offender, without • The threat need not be effective nor the offer or
inducing another but knowing him to be a gift accepted for the crime to arise.
false witness, presented him and the latter • Execution sales should be opened to free and
testified falsely in a judicial or official full competition in order to secure the
proceeding. maximum benefit for the debtors.
• The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false ARTICLE 186. MONOPOLIES AND
witness is not punished by law as that is not COMBINATIONS IN RESTRAINT OF TRADE
offering a false witness.
• The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient. ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
Chapter Three – FRAUDS 3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise
ARTICLE 185. MACHINATIONS IN PUBLIC
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• Combination to prevent free competition in the
ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS: market - By entering into a contract or
agreement or taking part in any conspiracy or
1. That there be a public auction; combination in the form of a trust or otherwise, in
2. That the accused solicited any gift or a restraint of trade or commerce or to prevent
promise from any of the bidders; by artificial means free competition in the
3. That such gifts or promise was the market; It is enough that initial steps are taken. It
consideration for his refraining from is not necessary that there be actual restraint
taking part in that public auction; and of trade.
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apprehend, arrest, or cause the apprehension D. Upon application of the Board, the Court shall
or arrest of any person who shall violate any of issue an order for recommitment if the drug
the said provision. They shall be considered as dependent does not resubmit himself for
persons in authority if they are in the school or confinement or if he is not surrendered for
within its immediate vicinity, or beyond such recommitment.
immediate vicinity if they are in attendance in E. If, subsequent to such recommitment, he
any school or class function in their official should escape again, he shall no longer be
capacity as school heads, supervisors or exempt from criminal liability for the use or
teachers. possession of any dangerous drug.
• Any teacher or school employee who discovers
or finds that any person in the school or within F. If a person charged with an offense with an
its immediate vicinity is violating this Act shall imposable penalty of less than 6 years and 1
have the duty to report the violation to the day, and the Court or prosecutor, at any stage of
school head or supervisor who shall, in turn, the proceedings, finds that the person charged
report the matter to the proper authorities. with an offense is a drug dependent, the fiscal
Failure to report in either case shall, after or court as the case may be, shall suspend all
hearing, constitute sufficient cause for further proceedings and transmit records of the
disciplinary action by the school authorities. case to the Board. If the Board determines that
(Sec. 44) public interest requires that such person be
committed, it shall file a petition for
RULES FOR EXEMPTION FROM CRIMINAL commitment. After commitment and discharge,
LIABILITY OF DRUG DEPENDENTS THROUGH the prosecution shall continue. In case of
VOLUNTARY SUBMISSION: conviction, the judgment shall, if certified by the
center for good behavior, indicate that he shall
A. Drug dependent who is finally discharged from be given full credit for the period of
confinement shall be exempt subject to the ff. confinement; provided when the offense is use
conditions: of dangerous drugs, and the accused is not a
1) Complied with the rules of the Center recidivist, the penalty shall have deemed to
2) Never been charged or convicted of any have been served in the center upon release.
offense under this Act, the
Dangerous Drugs Act of 1972, the RPC, G. The period of prescription of the offense charged
or any special penal laws. shall not run during the time that the
3) No record of escape from the Center; respondent/accused is under detention or
provided if he escaped, he surrendered confinement in a center.
by himself or through his parent, spouse,
th
guardian or relative w/in the 4 w/in H. A drug dependent who is discharged as
1 week. rehabilitated, but does not qualify for
4) Poses no serious danger to himself, exemption, may be charged under this Act, but
family or community. shall be placed on probation and undergo
community service in lieu of imprisonment
B. Voluntary submission of a drug dependent to and/or fine in the court’s discretion.
confinement, treatment and rehabilitation by the
drug dependent himself or through his parent, I. A drug dependent who is not rehabilitated after
guardian or relative within the 4th in a center and the second commitment to the Center under the
compliance with such conditions therefor as the voluntary submission program shall, upon
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exempt him from criminal liability for violation of Sec. 15, (use of dangerous drug) and
possession or use of the dangerous drug. be prosecuted like any other offender. If
convicted, he shall be credited for the period of
C. Should the drug dependent escape from the confinement in the Center.
center, he may submit himself for confinement
within 1 week from the date of his escape, of his
parent guardian or relative may, within the same
period surrender him for confinement.
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1 Immediately after Inventory and photograph Accused or the person/s from whom
seizure confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.
5 24 hours from ocular Destruction (through PDEA); provided, Accused or the person/s from whom
inspection retain representative sample. confiscated, or representative, media,
DOJ, civil society groups and any
Board to issue sworn certification of elected public official
destruction. Submit certification and
representative sample to the court.
Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorney’s office to
represent the former.
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People v. Del Norte, GR 149462, 3/31/04 (4) Black jack, lucky nine,
In a prosecution for illegal possession of poker and its
dangerous drugs, the following facts must be proven derivatives, monte,
with moral certainty: (1) that the accused is in baccarat, cuajo,
possession of the object identified as a prohibited or pangguigue and other
regulated drug; (2) that such possession is not card games
authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this (5) Pak que, high and low,
case, proof of the accused’s ownership of the house mahjong, domino and
where the prohibited drugs were discovered is other games using
necessary. plastic tiles and the
like
Nonfeasance:
1. dereliction of duty in prosecution of offenses
Elements: Elements:
1. That the offender is a judge; and
1. That the offender is a judge; 2. That he performs any of the following acts:
2. That he renders a judgment in the case a. knowingly renders an unjust
submitted to him for decision; interlocutory order or decree, or
3. That the judgment is unjust; and b. renders a manifestly unjust
4. That the judge knows that the decision is interlocutory order or decree through
unjust. inexcusable negligence or ignorance.
NOTES: INTERLOCUTORY ORDER - one issued by the court
A judgment is a final consideration and deciding a collateral or incidental matter; it is not a
determination by a court of competent final determination of the issues of the action or
jurisdiction of the issues submitted to it in an proceeding
action or proceeding.
An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both. ART. 207: MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
An unjust judgment may result from:
1. error (w/ bad faith) Elements:
2. ill-will or revenge 1. That the offender is a judge;
3. bribery 2. That there is a proceeding in his court;
3. That he delays the administration of justice;
There must be evidence that the decision and
rendered is unjust. It is not presumed. 4. That the delay is malicious, that is, the delay
Knowingly – deliberately or maliciously, is caused by the judge with deliberate intent
conscious and deliberate intent to do an to inflict damage on either party in the case.
injustice; (no liability if error in good faith)
Abuse of discretion or mere error of judgment NOTE: Mere delay without malice is not punishable.
cannot likewise serve as
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b. by inexcusable negligence or
Dereliction of duty in the prosecution of offenses: ignorance.
2. Revealing any of the secrets of his client
Elements: learned by him in his professional capacity.
1. That the offender is a public officer or officer Here, damage is not necessary.
of the law who has a duty to cause the 3. Undertaking the defense of the opposing
prosecution of, or to prosecute offenses; party in the same case, without the consent
st
2. That there is dereliction of the duties of his of his 1 client, after having undertaken the
office, that is, knowing the commission of the defense of a client or having received
crime, he does not cause confidential information from said client.
(a) the prosecution of the criminal
(People vs. Rosales, G.R. no.
42648) or ART. 210: DIRECT BRIBERY
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a Elements:
consideration for his conduct, crime
is direct bribery.) and 1. That the offender be a public officer;
3. That the offender acts with malice and 2. That the offender accepts an offer or promise
deliberate intent to favor the violator of the or receives a gift or present by himself or
law. through another;
3. That such offer or promise be accepted or
NOTES: gift/present received by the public officer
Prevaricacion means the negligence and (Mere agreement consummates the crime
tolerance in the prosecution of an offense. and delivery of consideration is not
There must be a duty on the part of the necessary) -
public officer to prosecute or move for the a. with a view to committing some crime;
prosecution of the offender. However, a fiscal b. in consideration of an execution of an act
is under no compulsion to file an information which does not constitute a crime, but
based upon a complaint if he is convinced the act must be unjust; (contemplates an
that the evidence before him is insufficient to accepted gift, and an overt act)
warrant filing an action in court. c. to refrain from doing something which is
The crime must be proved first before an his official duty to do; (should not be a
officer can be convicted of dereliction of duty. crime)
“Maliciously” signifies deliberate evil intent; a 4. That the act which the offender agrees to
dereliction of duty caused by poor judgment perform or which he executes be connected
or honest mistake is not punishable. with the performance of his official duties.
A public officer who harbors, conceals, or (need not be a statutory duty)
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as NOTES:
principal in the crime of dereliction of duty in For purposes of this article, temporary
the prosecution of offenses. He is not an performance of public functions is sufficient
accessory. to constitute a person a public officer. A
This article not applicable to revenue officers. private person may commit this crime only in
the case in which custody of prisoners is
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are needed to see this picture. Applicable also to assessors, arbitrators,
ART. 209: BETRAYAL OF TRUST BY AN appraisal and claim commissioners, experts
ATTORNEY OR SOLICITOR – REVELATION OF or any other person performing public duties.
SECRETS This felony cannot be frustrated. It may only
be attempted or consummated.
Acts punishable:
1. Causing damage to client either
a. by any malicious breach of Bribery exists when the gift is:
professional duty, or 1. voluntarily offered by a private person
BRIBERY (210) ROBBERY (294) NOTE: If the act does not fall under b and c,
When the victim has When the victim did then Art. 210, direct bribery, may apply.
committed a crime and not commit a crime (Justice Peralta)
gives money/gift to avoid and he is intimidated
arrest or prosecution. with arrest and/or d. Accepting or having any member of his
prosecution to deprive family accept employment in a private
him of his personal enterprise which has pending official
property. business with him during the pendency
Victim parts with his money Victim is deprived of thereof or within one year after its
or property voluntarily. his money or property termination.
by force or
intimidation. NOTE: The act is mala prohibita. Hence,
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recommended the employment. (Justice
Peralta)
ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. NO. 3019 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 function
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
provision shall apply to officers and • Under the Code of Professional Conduct,
employees of offices or government the public officer MUST divest his
corporations charged with the grant of interest.
licenses or permits or other concessions.
i. Directly or indirectly becoming interested, for
NOTES: personal gain, or having a material interest in
The best defense is that the partiality was any transaction or act requiring the approval
not manifest. That the partiality is manifest of a board, panel, or group of which he is a
is a heavy burden on the prosecution. member, and which exercises discretion in
(Justice Peralta). such approval, even if he votes against the
Another defense is the Arias doctrine. The same or does not participate in the action of
defense applies in a case where the accused the board, committee, panel or group.
is an approving officer and is on trial for
signing an unjust contract. j. Knowingly approving or granting any license,
The defense is that the approving officer permit, privilege, or benefit in favor of any
relied on the prior signatures of his person not qualified for or not legally entitled
subordinates and had no reason to suspect to such license, permit, privilege, or
wrong-doing and was swamped with a lot of advantage, or of a mere representative or
documents on that day that he signed. dummy of one who is not so qualified or
There is no attempted or frustrated stage of entitled.
the crime defined in Sec. 3(e) of R.A. No.
3019. k. Divulging valuable information of a
confidential character, acquired by his office
f. Neglecting or refusing, after due demand or or by him on account of his official position to
request, without sufficient justification, to act unauthorized persons, or releasing such
within a reasonable time on any matter information in advance of its authorized
pending before him for the purpose of release date.
obtaining directly or indirectly, from any
person interested in the matter some 2. Any person having family or close personal
pecuniary or material benefit or advantage, relation with any public official who shall
or for the purpose of favoring his own interest capitalize or exploit or take advantage of such
or giving undue advantage in favor of or family or close personal relation by directly or
discriminating against any other interested indirectly requesting or receiving any present,
party. gift, or material, or pecuniary advantage from any
person having some business, transaction,
g. Entering, on behalf of the Government, into application, request, or contract with the
any contract or transaction manifestly and government in which such public official has to
grossly disadvantageous to the same, intervene (Sec. 4)
whether or not the public officer profited or
will profit thereby. 3. Any person who shall knowingly induce or cause
any public official to commit any of the offenses
In determining whether the contract was under (A). (Sec. 4)
manifestly and grossly disadvantageous,
it is not merely consideration of the 4. Spouse or any relative, by consanguinity or
rd
pecuniary amount involved. (Justice affinity, within the 3 civil degree, of the
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the President of the Senate, or Speaker of the
h. Directly or indirectly having financial or House of Representatives, who shall intervene,
pecuniary interest in any business, contract directly or indirectly, in any business transaction,
or transaction in connection with which he contract or application with the government (Sec.
intervenes or take part in his official 5).
capacity, or in which he is prohibited by the
constitution or by any law from having any This prohibition shall not apply to:
interest. 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 government along the same line of acquisition through legitimate means cannot
business; be satisfactorily shown.
2. Any transaction, contract or application 3. Bank deposits in the name of or manifestly
already existing or pending at the time of excessive expenditures incurred by the
such assumption of public office; public official, his spouse or any of their
3. Any application filed by him, the approval of dependents including but not limited to
which is not discretionary on the part of the activities in any club or association or any
official(s) concerned but depends upon ostentatious display of wealth including
compliance with requisites provided by law, frequent travel abroad of a non-official
or rules or regulations issued pursuant to character by any public official when such
law; activities entail expenses evidently out of
4. Any act lawfully performed in an official proportion to legitimate income.
capacity or in the exercise of a profession.
NOTE: Competent court is the Sandiganbayan (Sec.
5. Any member of Congress, during the term for 10).
which he has been elected, who shall acquire or
receive any personal pecuniary interest in any General Rule: Prescriptive period is 15 years (Sec.
specific business enterprise which shall be 11).
directly and particularly favored or benefited by Exceptions: Unsolicited gifts or presents of small
any law or resolution authored by him previously or insignificant value offered or given as a mere
approved or adopted by Congress during his ordinary token of gratitude of friendship according
term. to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).
6. Any public officer who recommended the initiation
in Congress of the enactment or adoption of any NOTES:
law or resolution and acquires or receives such No public officer shall be allowed to resign or
interest during his incumbency. retire pending an investigation
Suspension while pending in court after valid
• Unlawful for such member of Congress or information (cannot be automatic), and loss of
other public officer, who, having such interest benefits if convicted by final judgment; maximum
prior to the approval of such law or resolution duration of preventive suspension is 90 days;
authored or recommended by him, continues acquittal Æ reinstatement and salaries and
for 30 days after such approval to retain such benefits which he failed to receive
interest. The courts are not bound by the statement of
assets and liabilities filed.
7. Any public officer who shall fail to file a true, Penalty of forfeiture can be applied retroactively.
detailed and sworn statement of assets and
liabilities within 30 days after assuming office and
th
thereafter on or before the 15 day of April
ART. 211: INDIRECT BRIBERY
following the close of every calendar year, as well
as upon the expiration of his term of office, or Elements:
upon his resignation or separation from office 1. That the offender is a public officer;
(Sec. 7). 2. That he accepts gifts; and
3. That the said gifts are offered to him by
Prima Facie Evidence of and Dismissal Due to reason of his office.
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NOTES:
1. If a public official has been found to have The gift is given in anticipation of future favor
acquired during his incumbency, whether in from the public officer.
his name or in the name of other persons, an There must be clear intention on the part of the
amount of property and/or money manifestly public officer to take the gift offered and consider
out of proportion to his salary and to his other the property as his own for that moment. Mere
lawful income. physical receipt unaccompanied by any other
2. Properties in the name of the spouse and sign, circumstance or act to show such
dependents of such public official may be acceptance is not sufficient to convict the officer.
taken into consideration, when their
There is no attempted or frustrated indirect bribery, and any corruption of public officials,
bribery. provided that:
Public officers receiving gifts and private persons 1. The information must refer to
giving gifts on any occasion, including Christmas, consummated violations of any of the
are liable under PD 46. above-mentioned provisions of law, rules
The criminal penalty or imprisonment is distinct and regulations
from the administrative penalty of suspension 2. Information and testimony are necessary
from the service. for the conviction of the accused public
officer, not in possession of the State,
and can be corroborated on its material
points
Direct bribery Indirect bribery
3. Informant or witness has not been
Officer agrees to perform Not necessary that the previously convicted of a crime involving
or refrain from doing an officer do an act. moral turpitude
act. 4. Immunity shall not attach should the
information and/or testimony is false and
malicious or made only for the purpose of
harassing, molesting or in any way
ARTICLE 211-A. QUALIFIED BRIBERY prejudicing the public officer denounced
ELEMENTS:
1. That the offender is a public officer
Chapter Three – FRAUDS AND ILLEGAL
entrusted with law enforcement;
EXACTIONS AND TRANSACTIONS
2. That he refrains from arresting/
prosecuting offender for crime punishable
by reclusion perpetua and/or death (if
lower penalty than stated above, direct ARTICLE 213. FRAUDS AGAINST THE PUBLIC
bribery is the crime); and TREASURY AND SIMILAR OFFENSES
3. In consideration of any offer, promise or
gift.
A. FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS:
ARTICLE 212. CORRUPTION OF PUBLIC
1. That the offender be a public officer;
OFFICIALS
2. That he should have taken advantage of his
office, that is, he intervened in the
ELEMENTS:
transaction in his official capacity;
1. That the offender makes offers or promises 3. That he entered into an agreement with any
or gives gifts or presents to a public interested party or speculator or made use of
officer; and any other scheme with regard to (a)
2. That the offers or promises are made or the furnishing supplies (b) the making of
gifts or presents given to a public officer, contracts, or (c) the adjustment or settlement
under circumstances that will make the of account relating to a public property or
public officer liable for direct bribery or funds; and
indirect bribery. 4. That the accused had intent to defraud the
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of the promise. The act may or may not be • The felony is consummated by merely entering
accomplished. into an agreement with any interested party or
• Bribery is usually proved by evidence acquired in speculator or by merely making use of any
entrapment scheme to defraud the Government.
• Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified
may place his own interest above that of the F. By taking undue advantage of official
Government or of the party which he represents. position, authority, relationship, connection or
• Constitutional prohibitions exist influence to unjustly enrich himself or
- Congress: cannot personally appear as themselves at the expense and to the
counsel, cannot be interested financially in damage or prejudice of the Filipino people
any franchise or special privilege granted by and the Republic of the Philippines.
government, cannot intervene in any matter
before office of Goevrnment PERSONS LIABLE:
- Executive – cannot hold any other office A. Any public officer who, by himself or in
- Constitutional Commission – cannot hold any connivance with members of his family,
other office, engage in practice of profession 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 above in the
aggregate amount or total value of at least
AN ACT DEFINING AND PENALIZING THE
50 million pesos, shall be guilty of the crime
CRIME OF PLUNDER
of plunder (as amended by RA 7659).
RA 7080
B. Any person who participated with the said
public officer in the commission of plunder.
JURISDICTION: Sandiganbayan.
DEFINITION OF ILL-GOTTEN WEALTH: Any asset,
property, business enterprise or material possession RULE OF EVIDENCE: For purposes of establishing
of any person acquired by him directly or indirectly the crime of plunder, it shall not be necessary to
through dummies, nominees, agents, subordinates, prove each and every criminal act done by the
and/or business associates by any combination or accused in furtherance of the scheme and conspiracy
series of the following means or similar schemes: to amass, accumulate or acquire ill-gotten wealth, it
A. Through misappropriation, conversion, being sufficient to establish beyond reasonable doubt
misuse or malversation of public funds or a pattern of overt or criminal acts indicative of the
raids on the public treasury. overall unlawful scheme or conspiracy.
B. By receiving, directly or indirectly, any
commission, gift, share, percentage,
kickbacks or any other form of pecuniary PRESCRIPTION: 20 years. However, the right of
benefit from any person and/or entity in the State to recover properties unlawfully acquired
connection with any government contract by public officers from them or from their nominees or
or project or by reason of the office or transferees shall not be barred by prescription,
position of the public officer concerned; laches or estoppel.
C. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its ESTRADA VS. SANDIGANBAYAN, GR NO. 148560,
subdivisions, agencies or instrumentalities or NOVEMBER 21, 2001
government-owned or controlled corporations what is meant by “combination” and “series” of
and their subsidiaries; overt or criminal acts under the plunder law?
D. By obtaining, receiving or accepting, directly
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or indirectly, any shares of stock, equity or When the plunder law speaks of “combination”, it is
any other form of interest or participation, referring to at least two (2) acts falling under different
including the promise of future categories of enumeration provided in sec. 1, par. (d).
employment in any business enterprise or example: raids on the public treasury in sec. 1, par.
undertaking. (d), subpar. (1), and fraudulent conveyance of assets
E. By establishing agricultural, industrial or belonging to the national government under sec. 1
commercial monopolies or other par. (d), subpar. (3).
combinations, and/or implementation of On the other hand, to constitute a “series” there
decrees and orders intended to benefit must be two (2) or more overt or criminal acts falling
particular persons or special interests; under the same category of enumeration found in
sec. 1, par. (d), say, misappropriation, malversation a. Appropriated the funds or property
and raids on the public treasury, all of which falls b. Took or misappropriated them
under sec. 1, par. (d), subpar. (1). verily, had the c. Consented or, through abandonment
legislature intended a technical or distinctive meaning or negligence, permitted any other
for “combination” and “series”, it would have taken person to take such public funds or
greater pains in specially providing for it in the law. property.
ELEMENTS:
ARTICLE 226. REMOVAL, CONCEALMENT, 1. That the offender is a public officer;
OR DESTRUCTION OF DOCUMENTS 2. That he is charged with the custody of
papers or property;
ELEMENTS OF INFIDELITY IN CUSTODY OF 3. That these papers or property are sealed by
DOCUMENTS: proper authority; and
1. That the offender be a public officer; 4. That he breaks the seals or permits them to
2. That he abstracts, destroys or conceals a be broken.
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3. That the said document or paper should have • It is the breaking of the seals and not the
been entrusted to such public officer by opening of a closed envelope which is punished.
reason of his office; and • Damage or intent to cause damage is not
4. That damage, whether serious or not, to a necessary; damage is presumed.
third party or to the public interest should
have been caused. ARTICLE 228. OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer;
2. That any closed papers, documents, or ARTICLE 230. PUBLIC OFFICER REVEALING
objects are entrusted to his custody; SECRETS OF PRIVATE INDIVIDUAL.
3. That he opens or permits to be opened said
closed papers, documents or objects; and
4. That he does not have proper authority. ELEMENTS:
1. That the offender is a public officer;
Damage is not necessary. 2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
Article 229. Revelation of secrets by an officer. authority or justifiable reason.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY Revelation to one person is sufficient.
REASON OF HIS OFFICIAL CAPACITY): If the offender is an attorney, he is properly
1. That the offender is a public officer; liable under Art. 209 (betrayal of trust by an
2. That he knows of a secret by reason of his attorney).
official capacity; Damage to private individual is not
3. That he reveals such secret without authority necessary.
or justifiable reasons; and
4. That damage, great or small, be caused to
the public interest.
Chapter Six - OTHER OFFENSES OR
Secret must affect public interest. IRREGULARITIES BY PUBLIC OFFICERS
Secrets of a private individual is not included.
Espionage for the benefit of another State is
not contemplated by the article. If regarding ARTICLE 231. OPEN DISOBEDIENCE.
military secrets or secrets affecting state
security, the crime may be espionage. ELEMENTS:
1. That the offender is a judicial or executive
ELEMENTS OF PAR. 2 (WRONGFULLY officer;
DELIVERING PAPERS OR COPIES OF PAPERS 2. That there is a judgment, decision or order
OF WHICH HE MAY HAVE CHARGE AND WHICH of superior authority;
SHOULD NOT BE PUBLISHED): 3. That such judgment, decision or order was
1. That the offender is a public officer; made within the scope of the jurisdiction of
2. That he has charge of papers; the superior authority and issued with all the
3. That those papers should not be published; legal formalities; and
4. That he delivers those papers or copies 4. That the offender without any legal
thereof to a third person; justification openly refuses to execute the
5. That the delivery is wrongful; and said judgment, decision or under which he is
6. That damage be caused to public interest. duty bound to obey.
CHARGE means custody or control. If he Judgment should have been rendered in a
is merely entrusted with the papers and not hearing and issued within proper jurisdiction
with the custody thereof, he is not liable and with all required legal solemnities.
under this article.
If the papers contain secrets which should
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having charge thereof removes and delivers SUPERIOR OFFICER; WHEN SAID ORDER WAS
them wrongfully to a third person, the crime SUSPENDED BY INFERIOR OFFICER.
is revelation of secrets. On the other hand, if
the papers do not contain secrets, their ELEMENTS:
removal for an illicit purpose is infidelity in 1. That the offender is a public officer;
the custody of documents. 2. That an order is issued by his superior for
Damage is essential to the act committed. execution;
3. That he has for any reason suspended the
execution of such order;
4. That his superior disapproves the 3. That he maltreats such prisoner in either of
suspension of the execution of the order; and the following manners:
5. That the offender disobeys his superior a. by overdoing himself in the correction or
despite the disapproval of the suspension. handling of a prisoner or detention
prisoner under his charge either –
A public officer is not liable if the order of the i. by the imposition of punishments
superior is illegal. not authorized by the regulations,
or
ii. by inflicting such punishments
ARTICLE 233. REFUSAL OF ASSISTANCE. (those authorized) in a cruel and
humiliating manner, or
ELEMENTS: b. by maltreating such prisoner to extort a
1. That the offender is a public officer; confession or to obtain some
2. That a competent authority demands from information from the prisoner.
the offender that he lend his cooperation
towards the administration of justice or other The public officer must have actual charge of the
public service; and prisoner in order to be held liable (not merely by
3. That the offender fails to do so maliciously. legal fiction)
1. Offended party: Convict by final judgment or
This felony involves a request from one detention prisoner
public officer to another. To be considered a detention prisoner,
Damage to the public interest or third party is the person arrested must be placed in jail
essential. even for just a short time.
Demand is necessary. Maltreatment not due to personal grudge.
Demand must be from competent authority
2. Offender may also be held liable for
physical injuries or damage caused.
ARTICLE 234. REFUSAL TO DISCHARGE (Penalty provided in Article 235 is imposed in
ELECTIVE OFFICE. addition to penalty for injury or damage
caused)
ELEMENTS:
1. That the offender is elected by popular
election to a public office; ARTICLE 236. ANTICIPATION OF DUTIES OF A
2. That he refuses to be sworn in or PUBLIC OFFICE.
discharge the duties of said office;
3. That there is no legal motive for such
refusal to be sworn in or to discharge the ELEMENTS:
duties of said office. 1. That the offender is entitled to hold a public
office or employment, either by election or
If the elected person is disqualified, his appointment;
refusal to be sworn in or to discharge the 2. That the law requires that he should first be
duties of the office is justified. sworn in and/or should first give a bond;
Refusal to discharge the duties of an 3. That he assumes the performance of the
appointive office is not covered by this duties and powers of such office; and
article. 4. That he has not taken his oath of office
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ARTICLE 235. MALTREATMENT OF PRISONERS.
ARTICLE 237. PROLONGING PERFORMANCE OF
ELEMENTS: DUTIES AND POWERS.
1. That the offender is a public officer or
employee;
2. That he has charge of a prisoner or ELEMENTS:
detention prisoner (otherwise the crime is
physical injuries); and 1. That the offender is holding a public office;
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