Professional Documents
Culture Documents
ART 185 Machination in Public Auctions: Crim Ii Midterm
ART 185 Machination in Public Auctions: Crim Ii Midterm
ART 185 Machination in Public Auctions: Crim Ii Midterm
PP vs KOTTINGER, GR NO 20569, Oct. 29, 1923 R.A No. 10158 (April 2012) decriminalized
vagrancy.
FACTS: accused was selling postcards with naked
women on the post cards. Was it obscene? -all penmding cases dismissed, all serving sentence
released.
SC said no. these are pictures of naked women as
they would appear in their villages. They did not ART 202. Vagrants and prostitutes. (has been
make any unsual poses or exgerated sexually decriminialized)
message in the postcards. It is obscene because
what is obscene is… Offenders:
Prostitutes
FERNANDO vs CA, GR 159751, Dec 6, 2006 (READ Elements:
TO UNDERSTAND MORE WHAT IS DECENT or NOT)
1. Women
Test of Obscenity 2. Engage in sexual intercourse or lascivious
Latest guidelines: conduct,
3. Habitual – kung panalagsa ra, pang load,
a. Whether to the average person, applying pang tuition - not prostitution must be
contemporary standards would find the done habitually, and
work, taken as a whole, appeals to the 4. For money or profit.
prurient interest;
b. Whether the work depicts or describes, in *RA 9208
patently offensive way, sexual conduct ART 203 Public Officers
specifically defined by the applicable state
law; and “…every public servant from the highest to the
c. Whether the work, taken as a whole. Lacks lowest.” (MANIEGO vs PP, 88 Phil 494)
serious literary, artistic, political, or
Examples:
scientific value.
5
-swimming instructor at UP Los Banos – PP vs ART 205. Judgement rendered through
LARIN, Oct 7, 1998 negligence.
Misfeasance- improper performance of some act ART 206. Unjust interlocutory order.
which might lawfully be done.
Elements:
Malfeasance- performance of some act which
1. Judge;
ought not to be done.
2. He: a) knowingly renders unjust
ART 204. Knowingly rendering unjust judgement. interlocutory order or decree or b) renders
manifestly unjust interlocutory order or
Elements: decree through inexcusable negligence or
1. Judge; ignorance.
2. Renders a judgement; Interlocutory order
3. Judgement is unjust;
4. Judge knows. Issued by the court between commencement and
the end of a suit or action and which decides some
Are we saying that a judge cannot make a mistake? point or matter, but which, however, is not a final
- no, a judge may make a mistake as long as decision of the matter in issue.
he does not know that he is making a “does it leave something to be done in the trial
mistake and despite knowing it is a wrong court with respect to the merits of the case main
judgement he will insist in promulgating issue?”
that judgement.
- Pero kung sayop lang jud sya, wa sya Yes – interlocutory order.
kabalo sa balaod, I don’t know why he
became a judge, he may be liable for some JUDGEMENT – disposes an issue of a cases
administrative penalty but not this article. INTERLOCUTORY ORDER – an order that does not
Because again, there must be criminal dispose of the main issue of the case, a preliminary
intent. injuction, a writ attachment and other else.
6
ART 207. Malicious delay in the administration of of his official duties, in consideration of any
justice. offer, promise, gift or present.
2. Accepting a gift, in consideration of the
Elements: execution of an act which does not
1. Judge; constitute a crime.
2. There is a proceeding in his court; 3. Agreeing to refrain or refraining from
3. Delays the administration of justice; doing something which was his official duty
4. Malice; inflict damage on either party to to do in consideration of a gift or promise
the case. of a gift.
7
What if the public officer actually commits the act 3rd paragraph “..refrain from doing something
that constitutes a crime? Lets say a court which it was his official duty to do,”
stenographer agrees to commit falsification okay
If the failure to perform the official duty shall also
ra atty alisodon nko ang yes og no. The mere act of
agreeing to commit the crime constitute direct constitute a crime, the offender shall be liable
under paragraph 1.
bribery. So both falsification and direct bribery.
ART 212 Corruption of public official There must be intent to defraud the government.
1. Offer/ promise/ gives gifts to present to a Additional penalties in case a public officer who
takes advantage of his official position violates any
public officer;
2. Offer/promise is made or gift/present is of the felonies under ART 315 (Estafa), 316 (Other
forms of swindling), 317 (Swindling a minor), and
given under circumstances that would
make the public officer liable for 318 (Other Delicts).
direct/indirect bribery. Elements:
- if public officer does not accept the gift. If 1. That the offender is a public officer;
accepted. Bribery on the public officer and 2. That he takes advantage of his official
corruption on the part of the private party. position.
3. That he commits any of the frauds or
ART 213 Frauds against the public treasury and
similar offenses. deceits enumerated in Articles 315 to 318.
The article also punishes private individuals like “if he is an employee of, or in some way connected
with the govt and that, in the course of his
experts, arbitrators, private accountants, guardians
and executors as long as it was their duty to employment, he receives money or prop belonging
to the govt for which he is bound to account.” (US
intervene in the contract or business that he takes
interest in. – even though they are not public vs VELASQUEZ, 32 Phil 157)
officers. Qualified Charge
What is punished here possible conflict of interest. He had no authority of his own volition to
Public official ka then you intervene because of withdraw funds from the safe upon any pretext
your official duties and yet you are interested, and whatsoever. The funds were placed in the safe and
tend to give the interpretation most favorable to could only be taken from it by his superior officer
you. or by his order. Defendants possession of the key
and the combination of the safe gave him control
ART 217 Malversation.
over the contents (US vs F. WICKER SHAM, GR No
The acts punished are: 6781, 1911 Nov 6, 1911)
10
ART 222 The provision of this chapter shall apply to It over to the person demanding to account, is
private individuals who in any capacity considered to have failed to account because he
whatsoever, have charge of public funds, had to get out of the office and borrow money
revenues, or property… from other people.
ART 223 Conniving with or consenting to evasion WILL THE GUARD STILL BE LIABLE IF THE PRISONER
IS A DETENTION PRISONER UNDER 224?
Elements:
YES.
1. Public officer;
ART 225 Escape of prisoner under the custody of a
2. Custody/charge of a prisoner;
3. Prisoner escapes; person not a public officer.
4. Connivance Elements:
- must have custody or charge like warden
or jail guard for a specific prisoner when 1. Private person;
goes to court. 2. Conveyance of a prisoner is confided to
- Must be intentional him;
3. Escape;
4. Consent/negligence
ART 224 Evasion thru negligence
Elements:
12
Removal, concealment or destruction. YES
If the act is removing, there must be an illicit ART 229 Revelation of secrets by an officer.
purpose, which, however, need not be
Acts punishable:
accomplished.
If the act is by concealing or destroying, the same 1. Revealing any secrets known by public
officer by reason of official capacity;
does not require proof of an illicit purpose. – here
presumption is that you have intention and you 2. Delivering wrongful papers or copies of
papers of which he may have charge and
need to rebut this presumption.
which should not be published.
ART 227 Officer breaking seal. – pag ka way
hinumdan
ART 230 Public officer revealing secrets of private
Elements: individual.
The offender is charged with the sealed paper or ART 231 Open disobedience
property.
The offender is a judicial or executive officer.
The envelope or parcel need not be opened, what
is required is that the seal is broken by the You will notice walay legislative. I don’t know why.
Probably because they made the law. Nganu apil2x
offender or he permits another to break the said
seal. man nto ato kaugalingon na kita man ga himo.
13
Nagbalik2x ni sya pero of course kinsa mu daog ang ART 236 Anticipation of duties of a public office.
superior jud.
Offender is entitled to hold public
The felony consists in disobeying the superior office/employment by election or appointment.
despite the disapproval of the suspension.
The offender assumes the performance of duties
ART 233 Refusal of assistance. without taking his oath of office or give the bond
required by law.
Offender is a public officer.
ART 237 Prolonging performance of duties and
Competent authority demands that he lends his powers.
cooperation in the administration of justice or
other public service. The public officer’s period to hold public office has
expired as provided by law, regulation or special
Offender maliciously fails to do so. provision.
Serious damage to a third party or public interest The felony consists in the public officer continuing
is qualifying. to exercise his duties and powers of such office
despite the expiration of the period.
ART 234 Refusal to discharge elective office. So how about this issue about our suspended
governor, is she liable under this article?
Offender is elected by popular election.
No because her term has not expired.
The felony is committed when the offender,
without legal motive, refuses to: ART 238 Abandonment of office or position.
ART 235 Maltreatment of prisoners Without his resignation being accepted, the public
officer abandon his office to the detriment of
Offender is a public officer who has under his public service.
charge a prisoner.
ART 239 Usurpation of legislative powers.
Maltreatment consists in:
The offender is an executive or judicial officer.
1. Overdoing the correction or handling of
prisoners: The offender:
a. Punishments not authorized a. Makes general rules or regulations beyond
b. Authorized punishments in a scope of his authority; or
humiliating manner b. Attempts to repeal a law; or
2. Extort a confession or obtain information. c. Suspends the execution thereof.
*Anti-torture Act RA 9745 How about the SC in their rules of court, are they
liable under this article?
a. Assumes powers pertaining to the ART 245 Abuses against chastity – na sa-ag na
executive; or article
b. Obstructs the executive in the lawful
exercise of their powers. Offenders:
ART 241 Usurpation of judicial functions. 1. Any public officer before whom matters for
decision are pending or with respect to
The offender is a member of the executive branch which he is required to submit a report to,
who: or consult with a superior officer.
a. Assumes judicial powers; or 2. A warden or public officer charged with
b. Obstructs the execution of any order or care and custody of prisoners or persons
decision rendered by an judge w/in his under arrest.
jurisdiction. Abuses against chastity
ART 242 Disobeying request for disqualification The felony consists in soliciting or making immoral
The offense is the disobedience of a public officer or indecent advances to a woman.
who has been lawfully refrained, due to questions It can also be done to the wife, daughter, sister or
of jurisdiction, from continuing with proceedings in relative within the same degree of affinity of the
his office. person in custody. (Mother is not included)
Ex. Quoaranto proceedings – questioning nganu man wala sila kadungog ug MILF?!!
qualification of a particular person. man diay?? That’s the law.
What distinguishes parricide from other felonies The married person or parent surprises the
involving destruction of life is the element of spouse/daughter in the act of sexual intercourse;
relationship by blood. Even in the case of legal
adoption, the killing of an adopted child is not The spouse/daughter and their paramour or
seducer are killed or serious physical injuries are
parricide as the relationship is not by blood.
inflicted upon them by the married person or
Knowledge of such relationship by the offender is parent.
not required.
Why Not a felony, no penalty.
How about an adopted child?
The act is a justified burst of passion.
FMC says that adopted child for all intesive
purposes what? Adopted child angay daug-daugon. In book 1, where a husband caught his wife and the
lover in their house and then he attacked the lover
Aw. Di diay legitimate diay.
and the lover defended himself, the lover was able
Reyes book is not updated may not have to kill the husband and then interposed self
considered the FMC. defense.
In keeping with the times, killing an adopted child SC said no aggression was lawful. In fact if he
should be considered as parricide. would have killed you or the wife, it would have
been a justified burst of passion.
IN A CASE WHERE A WIFE AND A LOVER
CONSPIRING TO KILL THE HUSBAND BY PLACING A - must be caught in the act or inflicts the injury or
BOMB IN HIS CAR THE WIFE WAS CONVICTED OF kills in the act or immediately there after. As long
PARRICIDE while the LOVER MURDER. Why? as it can be established that they had sexual
Because.... intercourse right then and there before they were
caught.
Art 62, par 3 RPC Book I.
Destierro is a measure to protect the
“circumstances that arise from the private relations spouse/parent from possible retaliation from the
with the offended party serve to aggravate or relatives of the deceased or injured.
mitigate the liability of those as to whom such
circumstances are attendant.” “…in the act or immediately thereafter,”
ART 247 Death or physical injuries under The killing/serious physical injuries must be
exceptional circumstances. committed while the wife/daughter is in the act of
sexual intercourse or immediately thereafter (right
Preliminary requisites: after the sexual intercourse)
a. Legally married person with respect to “…in the act of committing sexual intercourse…”
his/her spouse.
16
Where there is no clear showing that sexual PP vs abarca
intercourse has occurred, the article is not
applicable. BITUANAN (man and wife were seen The husband just came home from taking the bar
exam. Uli sya sa ila, want to go to another town so
sleeping on the same bed), GONZALES (Wife was
rising up while a man was buttoning his drawers) in went to the bus terminal early. Only to find out
that all the buses were full. So balik sya ilang
these cases it cannot be.
bahay. So naa man ni puli sa iyang place sa bed. So
It is not necessary that he see the carnal act. It is pag lili nya sa vents around the room. True enough
enough that the circumstances reasonably show his wife and the lover was having sexual
thet the carnal act is being committed or has just intercourse but he made a noise wherein nakakit
been committed. nuon ang lover sa iya. Ma pa nasuko gi tiunan sya
ug pusil, dagan sya ngita sya sa iyang amigo na
It is therefore, necessary that sexual intercourse is sundalo huwam syag pusil when he went to the
established. place of the lover iyang gi rakrakan naa na-apil lain.
Where sexual intercourse is not clearly established SC said as far as shooting the lover no liabilty. But
or if only preparatory acts are committed, Art 247 to the other people reckless imprudence. Why?
is not applicable. Also in premeditated plans to The act was lawful it was a justified burst of
avail of the circumstance it cannot be justified. So passion.
it must be strictly construed. Only during the act or
immediately after.
Farmer in the morning when he went back to his The unlawful killing of another which is not
house catches the wife and the lover and the parricide or infanticide, with the presence of any of
lover ran away. So the husband warned the wife the six circumstances enumerated:
not to do it again. In the afternoon husband found
1. Treachery…
them again in the toilet. Farmer found his wife
rise from the ground and the lover buttoning his 2. Price…
3. Inundation…
drawers. It is then he attacked both of them.
4. Calamities…
SC did not believe him. said: 5. Evident premeditation…
6. Cruelty…
Neither ii it likely that a woman thirty years of age,
like Sixta Quilason, and twenty-five-year old
Isabelo EVangelio, both of sound judgment as is to
be supposed, had dared to have carnal intercourse Par 3 vs Par 1,2, 4, 5 and 6
near the toilet of the offended party’s house, a Par 3. “by means of inundation, fire, poison…” –
place which is naturally frequented by some must be consciously adopted
persons. (PP vs GONZALES, 69 Phil 66)
Par’s 1, 5 and 6. “with…”
- it may be that it was only an afterthought
of gonzales of not killing them in the Par 2 “in consideration…”
morning.
Par 4 “on the occasion..”
17
By means of fire are liable for treachery because you hit him from
behind in a sudden and treatcherous manner.
The rule in these decisions is that: there is a need
to establish intent to kill, by means of fire, on the Killing a child of tender years.
part of the offender to qualify the killing to murder.
“..the killing of a child in tender age, defenceless
-PP vs GALURA, 16 CA Rep 70 and unprotected, must always be classified as
murder. Even though the deceased children had
girl was given a chocolate. The intent was been awake they could not have defended
not to kill but to sexually arouse the girlfriend. themselves or have fled or escaped from the attack
Nyah ang girlfriend inhan kaayo ug chocolate gi of their assailants.” (US vs ANTOBIO, GR No 10562,
kaon ang whole box namatay. – not murder but August 3, 1915)
homicide because it was not conciously adopted.
Intent to kill: so if you hit somebody with an iron
-PP vs PUGNAY, GR No 74324, Nov 17, 1988. bar. That person does not die. Intent to kill is
By means of fire. Playing a simple prank on important to distinguish or dertermine the exact
a retarded child. Ang usa gi bubu-an ug gasolina. felony.
Another accused put fire on the soaked victim so When intent to kill is present so it may be
victim burned. attempted or frustrated murder/homicide.
SC said its not murder because there was no If no intent it may be a case of physical injuries.
evidence that it was intentionally done. All the
evidence will show that it was just a prank taken to But if the person dies, intent to kill is conclusively
extreme but still a prank. Fire and gasoline were presumed di nata mag hisgot kung naa bay intent
not intentionally adopted here in the crime. or wa. Kung namantay intent to kill is conclusively
presumed wana malalis ana.
In arson, where you burn a house not knowing that
there are persons inside that is still arson not So like in cagoco, no intent to kill on his part but he
murder because there was no intention. But if you died so no need to argue if there was intent to kill
burned the house knowing the victim is inside. because death of the victime is a conclusive
Then that is murder. Depends upon the intent presumption of intent to kill. The most we can do
when we talk about par. 2. is give the mitigating circumstance of no intent to
commit a grave so wrong.
PP vs CAGOCO, GR No. 38511, October 6, 1933.
So if the victim dies pili-on ra ana kay murder,
“considering that there is no moral or legal homicide or reckless imprudence resulting to
incompatibility between treachery and the homicide. Mao ra na ang la-lison sa court dili na
mitigating circumstance No. 3 of Art 9 of the Penal mahimo physical injuries kung namatay na.
Code, because the former depends upon the
manner of execution of the crime and the latter Treachery
upon the tendency of the will towards a definite
As long as treachery was present, the killing is
purpose,”
murder even though intent to kill is not
here he punched the person because he thought established.* Cagoco
he was being cheated in cards. Victim fell down
and died as a reuslt of the injuries. SC said. Yes you
18
The essence of treachery is a deliberate and To appreciate the attendant circumstance of abuse
sudden attack that renders the victim unable and of superior strength, what should be considered is
unprepared to defend himself by reason of the whether the aggressors took advantage of their
suddenness and severity of the attack. (PP vs combined strength in order to consummate the
LOPEZ, GR No. 177302, April 16, 2009) offense. Mere superiority in number is not enough
to constitute superior strength. There must be
Must be consciously adopted so there would not clear proof that the assailants purposely used
be any risk from the victim to defend himself. excessive force out of proportion to the defense
Killing was preceded by a fight. available to the person attacked. (PP vs AMODIA,
GR No. 177356 Nov 20, 2008)- here the offenders
There may still be treachery even if, before the took turns in punching the victim. SC said so if u
assault, the assailant and the victim had an took turns then its homicide because they did not
altercation and a fisticuffs and, after the lapse of use of their numerical superiority.
some time from the said altercation, the assailant
attacks the unsuspecting victim without affording Qualifying circumstances must be proved.
the latter any real chance to defend himself. (PP It is an ancient but revered doctrine that qualifying
vs LACADEN, GR No. 187682, Nov 25, 2009) and aggravating circumstances before being taken
What if all qualifying circumstance gi gamit nimu? I into consideration, for the purpose of increasing
want an express ticket to hell, unsa man mahitabo the penalty to be imposed, must be proved with
sa imo? Only one as a qualifying and the rest as an equal certainty as those which establish the
aggravatign circumastance. commission of the criminal offense. (PP vs
ABDULAH, GR No. 182518, Jan 20, 2009)
Several qualifying circumstances.
- victim was found near garbage dumpster, there
“the trial court ruled that the crime committed was was evidence that her hands were tied behind her
murder after finding that the killings were attended back. Murder ang gi kiha. There was evidence
by treachery, evident premeditation, dwelling and though that she was killed in such a position. SC
price or reward. Only one aggravating said then that is not enough to prove treachery in
circumstance is enough to qualify the killing to crime with just circumstancial evidence.
murder, the rest constitute generic aggravating
circumstances.” (PANA vs JUDGE BUYSER, GR No Sec 8 and 9, Rule 110, RROC
130144, May 24, 2001) Sec. 8 Designation of the offense – “..specify its
Taking advantage of superior strength. qualifying and aggravating circumstances.
To take advantage of superior strength is to use Sec. 9 Cause of the accusation – “..the qualifying
force out of proportion to the means available to and aggravating circumstances must be stated in
the person attacked to defend himself. In order to ordinary and concise language…”
be appreciated, it must be clearly shown that Must be specifically mentioned in the information.
there was deliberate intent on the part of the
malefactors to take advantage thereof. (PP vs ART 249 Homicide.
REGALRIO, GR No. 174483, Mar 31, 2009)
The elements of homicide are as follows:
1. Pregnant woman;
ART 255. Infanticide
2. Violence is used without intending an
Elements: abortion;
3. The violence is intentional;
1. A child is killed; 4. Fetus dies as a result of the violence.
2. The child is less than 3 days (72hours) of
age; Violence is intentional but the abortion is
3. The offender killed the child. unintentional.
The parents of the pregnant woman with her Intentionally mutilating another’s organ
consent for the purpose of concealing her (totally or partially) for reproduction.
dishonour are also liable. o – most serious type
o take note it must be intentional, it
ART 259 Abortion practiced by a physician or
cannot be by accident, nag away nya
midwife and dispensing abortives.
nag tinigbasay na-igo… so no. the
Applicable only in intentional abortion. purpose of the accused must be to lock
off the organ of reproduction.
Physician or midwife who causes the abortion and Any other mutilation (lopping off or clipping off
takes advantage of scientific knowledge or skill is some part of the body.)
imposed the maximum penalty.
Intent of Mutilation - intentionally deprive another
ART 260 Duel of:
1. Person who killed his adversary (Reclusion so if 2 people are fighting trying to kill each
temporal) other and then somebody said self defense
2. Person who inflicted physical injuries on his because I was attacked by this old man, whose
adversary (According to the nature of the right hand has already been severed by the
injury) accused
3. Combatants where no physical injuries are o SC said that its quite difficult that the
inflicted (Arresto Mayor) accused was attacked by the old man
whose right hand has already been cut
ART 261 Challenging to a duel – human jud oh.
off by the accused nya ni padayon pa
With plenty of time to spare. Maayo jud ko na
ug attaki. So can you charge for
maestro oi.
mutilation?
Acts punished:
22
NO, because there is no huge gap there and unappealing to
evidence hat the particular clients.
intention of the offender was So gi filan ang bodyguard under this article, so
to lopp off or cliff off the any 1st line of defense, how can that be a case of
other part of the body of the serious physical injuries?
accused o Well naa jud, mao ni, it was visible and
conspicuous and permanent nya of
ART 263 Serious Physical Injuries
age na bya di bya na baby tooth dina
Par 1. The victim becomes insane, an imbecile, bya mutubo and yeah physical
impotent or blind. – most serious type ugliness.
So what if you have prostetics or false teeth
Par 2. The victim: placed there?
o It doesn’t take away the fact na there
Loses the use of speech, power to her or smell
was permanent injury because there
Loses an eye, hand, foot, arm leg, or the use of
was an artificial intervention to speak
any such member of the body.
of there. Because when it can heal BY
o What if the victim has one eye, kay
ITSELF then that is when it is NOT
pirate, then loses an eye the other eye
permanent.
so aha naman na? so BLIND nah na sya
o So kung bag-ang, di ma klaro, so NO
sa sa 1st paragraph.
kay it is not VISIBLE.
Becomes incapacitated for work in which he
o So if you are an out of school youth
was habitually engaged.
then you cannot be charge under this
o Must prove that he was ACTUALLY
par. You must be habitually engaged, if
engaged in some kind of work before
not then use par. 4.
the injury
Par 4. If the injuries causes illness or incapacity for
Par 3. The victim:
labor for more than 30 days.
Becomes deformed. (Physical ugliness,
Period of medical attendance/illness or incapacity
permanent, conspicuous and visible);
for labor that is material.
Loses any other part or use of the body;
If the becomes ill or incapacitated for the “Work” includes studies.
performance of the work in which he was
habitually engaged for a period of 90 days. Qualified (Parricide or Murder)
o So in a case katung ga ilog ang mga except in the case of a parent (excessive
dance instructor sa usa ka client, then chastisement)
client got annoyed by the two DI so o does this mean that the parent kay
bodyguard stopped the dance pwede ra bunalan ra ang anak ug
instructors and in the process broke maayo? NO, just means that it is not
the front tooth of one of the DI. Ana qualifying when inflicting serious
ang DI bati naman ko tanaawon nya physical injuries
wala na makig sayaw nko kay kada others run the risk of being
musayaw ko nya mu smile there is a charged with the child abuse
law.
23
ART 264 Administering injurious substances or because more than half of the jurisprudence is
beverages. rape.
Penetration ah! Wala mana siya ni shagit. She did not push
me with all her might, so no means yes, this
As we have said in unnumbered cases, full or deep
was a consesual act between to consenting
penetration is not necessary to consummate sexual
adults who were inlove with each other. So
intercourse; it is enough that there is the slightest
ngano gi kiha man ka kung inlove with each
penetration of the male organ into the female sex
other mung duha.
organ. The mere touching by the male organ of
As long as there was force and the force
the labia of the pudendum of the woman’s private
brought about the desired result.
part is sufficient to consummate rape. (PP vs
So what if you achieve sexual intercourse but
CASTRO, GR No 172874, Jan 17, 2008)
not through any of the means stated, sc said
there is this one case, where he was charged that this may be a case of a woman being
with rape and then he said no penetration. decieved, some other crime like seduction of
Prosecution said no!, slightest penetration is you cannot prove the force, the threat, or
enough. In this case the accused was fully intimidation was used to have sexual
naked the victim was fully naked he was intercourse with the victim.
already on top of the victim and he just
Degree of force
RUBBED his pennis in the VAGINAL MOUNT
layo ra sa labia. Iya ra gi Bag-id2x. pagkuman ni What is essential here is that the offender
lakaw. employed sufficient force to enable him to have
o SC said, that he had all the opportunity sexual intercourse with the victim. Force should
to have sexual intercourse, pero mao not be equated with lack or absence of resistance
raman ni iyang gusto sa acts of on the part of the victim. “Besides, physical
lasciviousness. Pag kahuman ug rub og resistance is not an essential element of rape.”
bag-id2x, oh happy nko lakaw nko. So (PP vs ARRAZ, Oct 24, 2008, GR No 183696)
acts of lasciviousness. Cause even
though there is this slightest - she did not struggle with all her might, she did
penetration it still has to be not kick, she did not bang on the walls, so that the
penetration. neighbors would know that there was some kind of
o that’s why some accused mu ingun ug commotion. So its not required because this is not
an element of the crime. What is an element is that
im already 70 yrs old I cannot achieve
there was force used but the DEGREE OF
an erection how could I rape
25
RESISTANCE IS NOT AN ELEMENT as far as rape is what if 13 or 14? Di makiha ug statutory rape?
concerned. Kung naay consent? What is the option?
o Child abuse law, section 5.
Moral Ascendancy
o The jurisprudence is,
Moral ascendancy can take place the place of force if the child is below 12 use
and intimidation in certain cases like in incestuous the RPC, statutory rape
rape. if above 12 below 18 use
the child abuse law, either
“…the father’s moral ascendancy and influence sexual intercourse with a
over his daughter substitutes for violence and minor/ sexual abuse with a
intimidation in rape cases…” (PP vs JIMENEZ, GR minor
No 170235, Apr 24 2009)
PP vs Remario Palma ( READ and REMEMBER)
- no need for force, moral ascendancy will suffice.
this is a very good case because this involve
Deprived of reason or otherwise unconscious. about four or five counts, some of the
incidents happened before Oct 22, 1997 and
Deprived of reason:
others after. A good case illustrating the effects
Insane; of RA 8353. Similar acts were commited before
Feebleminded; and after.
o Those committed BEFORE – SC said
Otherwise unconscious: acts of lasciviousness
o AFTER – SC said sexual assaults.
Asleep;
o What if natuog, nya pag mata ay Finger
penetrate na? nya pag mata, oi hot.
Unsa mani? Kinsa man mu kiha waman Under the present law on rape, ART 266-A of the
sya nasuko? Can there be ratification? RPC, as amended by RA 8385 (or “The Anti-Rape
Parents, technically the Law of 1997)xxx insertion of one’s finger into the
parents can still file, pero ang genitalia of another constitutes “rape through
biktima possibly mutapad sa sexual assault” (PP vs BON, GR No. 149199, Jan 28,
akusado ga dala pa ug jobi para 2003) considered as an instrument or an object.
paniudto – chillin’ with my
ART 266-B Qualified Rape
rapist!
Administered a drug that deprives her of will With the use of deadly weapon, or by two
power. or more persons;
By reason or on the occasion victim
Statutory Rape
becomes insane;
When the victim is under 12 years of age or is By reason or on the occasion homicide is
demented, sexual intercourse with her, regardless committed (includes attempted rape)
of the presence or absence of consent or the other 10 aggravating/qualifying circumstances.
three circumstances, is rape. Military, religious imo rapon.
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Rape with homicide is committed when “by reason 2001. From the foregoing arguments, the burden
or on the occasion of the rape, homicide is of evidence has shifted to accused-appellant. He
committed.” The main intention of the offender should prove with clear and convincing evidence
must be rape and homicide was committed by his affirmative defense that it was a consensual
reason of the rape or on the occasion of the rape. sexual intercourse. (NOGPO)
Here as long as rape or homicide was Sweetheart theory is a weak defense (NOGPO)
committed on the occasion
Not credible on the bare testimony of the
So when do you know that it is rape with
accused
homicide not homicide with rape?
Not self-serving
o The MAIN intention of the offender
Deserves scant consideration, considering that
must be discerned.
such defense needs strong corroboration,
in one case the offender dragged the woman
A sweetheart cannot be forced to have sex
to an empty lot, girl said no don’t bring me to
against her will - love is not a license for lust
that lot, ma luoy ka nako ill give you money.
Wala tagda. Gi usab niya ill give you money my Time and date of commission
jewelry my bag. Pero wa japon gi rape japon.
And after she was raped, the man stood up kita The date or time the rape was committed is not an
sa bag ni lakaw gi dala. So later on gi kiha syag essential ingredient as it is the carnal knowledge
robbery with rape kay tuyo jud adto kay through force and intimidation that is the
robbery. gravamen of the offense. It is, thus, sufficient that
o Sc said no. kay you can see rape was the date of the commission alleged is as near as
the main intention kay no matter possible to the actual date. (PP vs ABOGANDA, GR
unsaon pag offer wala man sya gi No 183565, Apr 8, 2009)
tagad. Gi ignan pa ang babae
Place of commission
“MAMAYA NALANG YAN” whatever
that means. Clearly the intention was Either way, this court has observed in numerous
rape ang taking the bag was an cases that lust does not respect either time or
afterthought. So Robbery and Rape. place. The evil in man has no conscience – the
beast in him bears no respect for time and place,
Sweetheart theory.
driving him to commit rape anywhere, even in
Common defense, “uyab man mi, nasudlan lang mi places where people congregate such as parks, and
nasakpan sa mama mao na ang mama nag pugos inside a house where there are other occupants.
ana na ipa kiha ko ug rape” (PP vs MAHINAY, GR 179190, Jan 20, 2009)
-again even though you are lovers it is not material, Physical injuries not an element
what you have to prove is that time of this
We have ruled in a number of cases that the lack of
particular sexual intercourse there was consent.
lacerated wounds does not negate sexual
Mski uyab mo nya wala diay ni sugot imung uyab
intercourse. A freshly broken hymen is not an
anang higayuna then that is rape.
essential element of rape. Even the fact that the
“interposing the sweetheart theory,” he claims hymen of the victim was still intact does not rule
that he and private complainant were lovers who out the possibility of rape. Research in medicine
engaged in consensual sex at dawn on March 9, even points out that negative findings are of no
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significance, since the hymen may not be torn ART 266-C Pardon
despite repeated coitus. (PP vs GARCIA, GR No.
177740 Apr 5, 2010) A subsequent valid marriage between the
offender and the offended party.
Guiding Principles. (on how to commit rape daw)
includes those who have already been
(1)An accusation of rape can be made with facility convicted
and while the accusation is difficult to prove, it is
even more difficult for the accused; though Extinguishes the criminal action or penalty
innocent, to disprove; (2) considering that in the imposed.
nature of things, only two persons are usually No longer extends to accomplices and accessories.
involved in the crime of rape, the testimony of the
complainant should be scrutinized with great Does not extinguish all liability in case of multiple
caution; and (3) the evidence for the prosecution rape.
must stand or fail on its merits and cannot be
what if it’s a case of multiple rape?
allowed to draw strength from the weakness of the
evidence for the defense. As a result of these Most authority say that let say there were 5 who
guiding principles, credibility becomes the single conspired on raping. The liabilty of one is the
most important issue. (PP vs PELAGIO GR No liability of the others. So let say mr. A he rapes the
172052, Dec 16, 2008; PP vs LAGARDE, GR No victime while the 4 helps him do it. Pag si b napud
182549, Jan 20, 2009) ang uban napud gunit. So each is facing a case of
each count of sexual intercourse. So kang A one
Rape and RA 7610
count, kang B another count so 5 counts in all. So
Charging the accused with two different offenses the theory is… if you pardon A kay sya imung gi pa
for the same act committed on the same date kaslan kay sya ang pinka HOT sa tanan ang katu
against the said victim is erroneous as it is illegal, upat A is still facing 4 other counts for the rape of
except where law itself allows. Section 5 (b) RA b,c,d and e.
7610, however, does not allow. The said law in fact
Husband can now commit rape
provides that if the child is below 12 years old, the
accused must be prosecuted under ART 335 of the Marriage must be legal.
RPC. Conversely, if the child is above 12 years old
but below 18 years old, then the accused must be Forgiveness by the wife extinguishes criminal
prosecuted under RA 7610 for the so called “child action or penalty imposed. (2nd Par. ART 266-C)
abuse.” (PP vs OPTANA, GR No. 133922, 2001 Feb
Question: kay naa namay sexual assault, what it is
12)
the wife who sexually assaults her husband iyang
RA 7610 limits itself with sexual intercourse insertan ang anal orifice sa iya bana? Can that be a
with a child above 12 below 18 section 5 b of subject to pardon? – by analogy a husband can
the SPL. forgive the wife. (Ang kuyaw nimu kung diha nimu
Below 12 RPC ma discover na mu enjoy diay imu husband)
How about exactly 12? Hmmm… above 12 ART 266-D Presumptions
wakay labot, kung below 12 wala pud kay
labot… ambot asa ka I butang. Seriously, 7610 Evidence that may be accepted in prosecution of rape:
sec. 5 b kay this is the more serious offense. 1. Any physical overt act manifesting resistance.
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2. Situations that render the victim in capable of giving
consent.
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