Professional Documents
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Criminal Law Reviewer For Printing
Criminal Law Reviewer For Printing
REMOTE
CAUSE ................................................................. 12
MISTAKE OF FACT .................................................. 12
Fundamental Principles ....... 2
CULPA .............................................................. 13
DEFINITION OF CRIMINAL LAW ........................ 2 DOCTRINES CONCERNING CULPABLE CRIMES .............. 14
MALA IN SE AND MALA PROHIBITA ............................. 2
CRIMINAL LAW V. CRIMINAL PROCEDURE ..................... 2
IMPOSSIBLE CRIME .......................................... 14
STATE AUTHORITY TO PUNISH CRIME .......................... 3
PURPOSE OF PUNISHING IMPOSSIBLE CRIMES ............. 14
SOURCES OF CRIMINAL LAW ...................................... 3
REQUISITES .......................................................... 15
PENAL LEGISLATION ................................................ 3
MODIFIED CONCEPT OF IMPOSSIBLE CRIME ................. 15
RELATION OF RPC TO SPECIAL LAWS: SUPPLETORY
APPLICATION OF RPC ............................................... 3
CONSTRUCTION OF PENAL LAWS ................................ 3 STAGES OF EXECUTION ................................... 15
CLASSIFICATION UNDER ART. 6 ................................ 15
TABLE: DEVELOPMENT OF A CRIME ........................... 15
SCOPE OF APPLICATION AND
CHARACTERISTICS OF PHILIPPINE CRIMINAL
LAW ................................................................... 4 DEVELOPMENT OF A CRIME ............................ 16
GENERALITY .......................................................... 4 INTERNAL ACTS .................................................... 16
TERRITORIALITY ..................................................... 4 EXTERNAL ACTS .................................................... 16
PROSPECTIVITY ...................................................... 6 ATTEMPTED STAGE ................................................ 16
LEGALITY .............................................................. 7 FRUSTRATED STAGE ............................................... 17
CRIMES WHICH DO NOT ADMIT OF FRUSTRATED STAGE . 17
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innocence. [Ursua v. CA (1996); Corpuz v. People Art. V, VFA, which defines criminal jurisdiction over
(1991)] United States military and civilian personnel
temporarily in the Philippines in connection with
Spanish text of the RPC prevails overs its English activities approved by the Philippine Government.
translation
In the construction or interpretation of the provision The US and Philippines agreed that:
of the RPC, the Spanish text is controlling, because it (a) US shall have the right to exercise within the
was approved by the Philippine Legislature in its Philippines all criminal and disciplinary
Spanish text. [People v. Manaba (58 Phil 665. 668)] jurisdiction conferred on them by the military
law of the US over US personnel in RP;
There are incorrect translations of the Spanish text (b) US authorities exercise exclusive jurisdiction over
into the English text in the RPC. US personnel with respect to offenses, including
offenses relating to the security of the US
Retroactive application if favorable to the accused punishable under the law of the US, but not
See Characteristics of Criminal Law, Prospectivity under the laws of RP;
and Art. 22, RPC. (c) US military authorities shall have the primary
right to exercise jurisdiction over US personnel
Prescribed, but undeserved penalties subject to the military law of the US in relation
In case of excessive penalties, the court shall not to:
suspend the execution of the sentence [par. 2, Art. 5, (i) Offenses solely against the property or
RPC] security of the US or offenses solely against
the property or person of US personnel; and
SCOPE OF APPLICATION AND (ii) Offenses arising out of any act or omission
CHARACTERISTICS OF PHILIPPINE CRIMINAL done in performance of official duty. [Reyes,
LAW The RPC]
Criminal law has three (3) characteristics: (PGT) Rule on Jurisdiction under the VFA:
(1) General (a) If the crime is punishable under Philippine laws
(2) Territorial but not under US laws then Philippines has
(3) Prospective exclusive jurisdiction.
(b) If the crime is punishable under US laws but not
GENERALITY under Philippine laws then US has exclusive
General rule: The penal law of the country is binding jurisdiction.
on all persons who live or sojourn in Philippine (c) If the crime is punishable under the US and
territory, subject to the principles of public Philippine laws then there is concurrent
international law and to treaty stipulations. [Art. 14, jurisdiction but the Philippines has the right to
NCC] primary jurisdiction.
(d) If the crime is committed by a US personnel
Exception: against the security and property of the US
alone then US has exclusive jurisdiction.
Art. 2, RPC. “Except as provided in the treaties or
laws of preferential application xxx”. (2) Laws of Preferential Application
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Note: Consuls and consular officers are NOT exempt (1) French Rule: It is the flag or nationality of the
from local prosecution. [See Article 41, Vienna vessel which determines jurisdiction UNLESS the
Convention on Consular Relations] crime violates the peace and order of the host
country.
(a) Public vessels of a friendly foreign power are not (2) English Rule: the location or situs of the crime
subject to local jurisdiction. determines jurisdiction UNLESS the crime merely
(b) Generality has NO reference to territoriality. relates to internal management of the vessel.
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Par. 2: Forging/Counterfeiting and Coins or Currency Crimes against the law of nations:
Notes in the Philippines (i) Inciting to war or giving motives for reprisals
(A.118)
Forgery is committed abroad, and it refers only to (ii) Violation of neutrality (A.119)
Philippine coin, currency note, obligations and (iii) Correspondence with hostile country (A.120)
securities. (iv) Flight to enemy’s country (A.121)
(v) Piracy in general and mutiny on the high seas or
Par. 3: Should introduce into the country the above- in Philippine waters (A.122)
mentioned obligations and securities.
Note: Crimes against public order (e.g., rebellion,
The reason for this provision is that the introduction coup d’etat, sedition) committed abroad is under the
of forged or counterfeited obligations and securities jurisdiction of the host country.
into the Philippines is as dangerous as the forging or
counterfeiting of the same, to the economic interest Terrorism is now classified as a crime against
of the country. national security and the law of nations. (See R.A.
9372, Human Security Act of 2007).
Par. 4: When public officers or employees commit an
offense in the exercise of their functions. PROSPECTIVITY
General rule: Acts or omissions will only be subject to
Crime committed pertains to the exercise of the a penal law if they are committed AFTER a penal law
public official’s functions: has taken effect.
The crimes which may be committed are: Conversely, acts or omissions which have been
(i) Direct bribery (A.210) committed before the effectivity of a penal law could
(ii) Qualified Bribery (A. 211-A) not be penalized by such penal law.
(iii) Indirect bribery (A.211)
(iv) Corruption (A.212) Exception: Penal laws shall have a retroactive effect,
(v) Frauds against the public treasury (A.213) insofar as they favor the person guilty of a felony.
(vi) Possession of prohibited interest (A.216) [Art. 22, RPC]
(vii) Malversation of public funds or property (A. 217)
(viii) Failure to render accounts (A.218) Exception to the Exception:
(ix) Illegal use of public funds or property (A.220) (1) The new law is expressly made inapplicable to
(x) Failure to make delivery of public funds or pending actions or existing cause of actions; or
property (A.221) (2) The offender is a habitual criminal. [Art. 22,
(xi) Falsification by a public officer or employee RPC]
committed with abuse of his official position
(A.171) Effects of repeal/amendment of penal law
(xii) Those having to do with the discharge of their (1) If the repeal makes the penalty lighter in the
duties in a foreign country. new law,
(a) The new law shall be applied,
The functions contemplated are those, which are, (b) EXCEPT when the offender is a habitual
under the law: delinquent or when the new law is made not
(a) to be performed by the public officer; applicable to pending action or existing
(b) in the foreign service of the Phil. government; causes of action.
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(2) If the new law imposes a heavier penalty Act Prohibiting the Imposition of Death Penalty in the
(a) Law in force at the time of the commission Philippines (RA 9346)
of the offense shall be applied. Repealed the law imposing lethal injection (R.A.
8177) and the law imposing the death penalty (R.A.
(3) If the new law totally repeals the existing law so 7659) (Sec. 1)
that the act which was penalized under the old
law is no longer punishable, This Act also imposes the punishment of reclusion
(a) The crime is obliterated. perpetua for offenses under any act using the
(b) Pending cases are dismissed. nomenclature of the RPC (Sec. 2 (a)) and the
(c) Unserved penalties imposed are remitted. punishment of life imprisonment for offenses under
any act which does not use the nomenclature of the
(4) Rule of prospectivity also applies to judicial RPC (Sec. 2(b))
decisions, administrative rulings and
circulars.[Art. 8, Civil Code] BILL OF ATTAINDER
Art. III, Sec. 22, 1987 Const. No ex post facto law or
Rationale for the prospectivity rule: the punishability bill of attainder shall be enacted.
of an act must be reasonably known for the guidance
of society[Peo v. Jabinal]. Bill of Attainder- a legislative act that inflicts
punishment without trial, its essence being the
LEGALITY
substitution of legislative fiat for a judicial
Art. 21. No felony shall be punishable by any penalty determination of guilt.
not prescribed by law prior to its commission.
EX POST FACTO LAW
Nullum Crimen Nulla Poena Sine Lege –There is no Ex Post Facto Law is one which:
crime when there is no law punishing the same. (1) Makes criminal an act done before the passage
of the law and which was innocent when done,
Limitation: Not every law punishing an act or and punishes such an act.
omission may be valid as a criminal law. If the law (2) Aggravates a crime, or makes it greater than it
punishing an act is ambiguous, it is null and void. was, when committed;
(3) Changes the punishment and inflicts a greater
punishment than the law annexed to the crime
CONSTITUTIONAL LIMITATIONS ON THE POWER when committed;
OF CONGRESS TO ENACT PENAL LAWS (4) Alters the legal rules of evidence, and authorizes
conviction upon less or different testimony than
EQUAL PROTECTION the law required at the time of the commission
Art. III, Sec. 1, 1987 Const. No person shall be deprived of the offense;
of life, liberty, or property without due process of law, (5) Assumes to regulate civil rights and remedies
nor shall any person be denied the equal protection only, in effect imposes penalty or deprivation of
of the laws. a right for something which when done was
lawful; and
DUE PROCESS
(6) Deprives a person accused of a crime some
lawful protection to which he has become
Art. III, Sec. 14 (1), 1987 Const. No person shall be held entitled, such as the protection of a former
to answer for a criminal offense without due process conviction or acquittal, or a proclamation of
of law. amnesty.[Reyes, The Revised Penal Code citing
In re: Kay Villegas Kami, Inc.]
NON-IMPOSITION OF CRUEL AND UNUSUAL PUNISHMENT
OR EXCESSIVE FINES OTHER CONSTITUTIONAL LIMITATIONS
Art III, Sec. 19, 1987 Const. Excessive fines shall not be (a) Must not provide imprisonment for non-payment
imposed, nor cruel, degrading or inhuman of debts or poll tax. [1987 Const. Art. III, Sec. 19 (1)]
punishment inflicted. Neither shall death penalty be (b) Must not restrict other constitutional freedoms,
imposed, unless, for compelling reasons involving e.g. due process, religion, free speech, and
heinous crimes, the Congress hereafter provides for assembly.
it. Any death penalty already imposed shall be
reduced to reclusion perpetua. BASIC MAXIMS IN CRIMINAL LAW
(1) Actus Non Facit Reum, Nisi Mens Sit Rea
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“The act cannot be criminal where the mind is FELONIES: HOW COMMITTED
not criminal.” Felonies are committed not only by means of deceit
(dolo) but also by means of fault (culpa).
The general rule is that, if it is proved that the
accused committed the criminal act charged, it will There is deceit when the act is performed with
be presumed that the act was done with criminal deliberate intent; and there is fault when the
intention. However, it must be borne in mind that the wrongful act results from imprudence, negligence,
act from which such presumption springs must be a lack of foresight, or lack of skill. [Art. 3, RPC]
criminal act. If the act was not unlawful and was
done in good faith then there is no crime. The act of CLASSIFICATION OF FELONIES
a person does not make him a criminal, unless his Felonies are classified as follows: (MSG)
mind be criminal. [US v. Catolico] (1) According to the manner of their commission
(2) According to the stages of their execution
(2) Actus Me Invito Factus Non Est Meus Actus (3) According to their gravity
“An act done by me against my will is not my
act.” Other classifications:
(4) As to count
(3) El Que Es Causa De La Causa Es Causa Del Mal (5) As to nature
Causado - “He who is the cause of the cause is
the cause of the evil caused.” (a) The purpose of classifying penalties is to bring
about a proportionate penalty and equitable
(a) This is the rationale in par. 1 of Art. 4 which punishment.
enunciates the doctrine of proximate cause. (b) The penalties are graduated according to their
(b) He who commits an intentional felony is degree of severity.
responsible for all the consequences which may (1) The stages (Art. 6) may not apply to all kinds
naturally and logically result therefrom, whether of felonies.
foreseen or intended or not. (2) There are felonies which do not admit of
division.
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Note: The classification of stages of a felony in Article (i) the penalty is arresto menor, or a fine not
6 is true only to crimes under the Revised Penal Code. exceeding P200, or both.
It does NOT apply to crimes punished under special
laws. Why is it necessary to determine whether the crime is
grave, less grave or light?
However, even certain crimes which are punished (1) To determine
under the Revised Penal Code do not admit of these (a) whether these felonies can be complexed or
stages. not;
(b) the prescription of the crime and
Related to this, classification of felonies as to: (c) the prescription of the penalty.
(a) Formal Crimes: Crimes which are consummated in (2) In other words, these are felonies classified
one instance. according to their gravity, stages and the penalty
Example: ILLEGAL EXACTION under Art. 213 attached to them.
(a) Take note that when the Revised Penal Code
Mere demanding of an amount different from speaks of grave and less grave felonies, the
what the law authorizes him to collect will definition makes a reference specifically to
already consummate a crime, whether the Art. 25 of the Revised Penal Code.
taxpayer pays the amount being demanded or (b) Do not omit the phrase “In accordance with
not. Art. 25” because there is also a classification
(b) Material Felonies: crimes that have various stages of penalties under Art. 26 that was not
of execution applied.
(c) Felonies by omission: Crimes which have no (c) This classification of felony according to
attempted stage. gravity is important with respect to the
(d) Crimes which have NO FRUSTRATED STAGE: the question of prescription of crimes.
essence of the crime is the act itself. (d) If the penalty is a fine and exactly P200.00, it
(a) Rape – the slightest penetration already is only considered a light felony under Art. 9. If
consummates the crime the fine is imposed as an alternative penalty
(b) Arson – the slightest burning already renders or as a single penalty, the fine of P200.00 is
the crime complete. considered a correctional penalty under Art.
(c) Theft –“free disposition of the items stolen” is 26, hence a less grave penalty.
not in any way determinative of whether the (e) If the penalty is exactly P200.00, apply Art.
crime of theft has been produced. [Valenzuela 26(with respect to prescription of penalties). It
vs. People (2007)] is considered as a correctional penalty and it
prescribes in 10 years. If the offender is
(3) According to Their Gravity apprehended at any time within ten years, he
Under Art. 9, felonies are classified as: can be made to suffer the fine.
(a) Grave felonies – those to which the law
attaches the capital punishment or penalties (4) As to Count
which in any of their periods are afflictive; Plurality of crimes may be in the form of:
(i) Reclusion perpetua (a) Compound Crime,
(ii) Reclusion temporal (b) Complex crime; and
(iii) Perpetual or Absolute DQ (c) Composite crime.
(iv) Perpetual or Temporary Special DQ
(v) Prision mayor (5) As to Nature
(vi) Fine more than P6,000 (a) Mala in se
(b) Mala prohibita
(b) Less grave felonies– those to which the law
punishes with penalties which in their ELEMENTS OF CRIMINAL LIABILITY
maximum period is correctional;
(i) Prision correccional Elements of Felonies:
(ii) Arresto mayor (1) There must be an act or omission (actus
(iii) Suspension reus/physical act)
(iv) Destierro
(v) Fines equal to or more than P200 Act: Any kind of body movement which tends to
produce some effect in the external world;
(c) Light felonies– those infractions of law for includes possession.
the commission of which
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Omission: The failure to perform a positive duty (e) Intent which is a mental process presupposes
which one is bound to do under the law. the exercise of freedom and the use of
intelligence.
(2) That the act or omission must be punishable by (f) If an act is proven to be unlawful, then intent
the RPC. will be presumed prima facie. [U.S. v. Apostol]
(g) An honest mistake of fact destroys the
It is important that there is a law requiring the presumption of criminal intent which arises
performance of an act; if there is no positive duty, from the commission of a felonious act.
there is no liability. [People v. Oanis]
(h) Mens rea: "A guilty mind, a guilty or wrongful
(3) That the act is performed or the omission purpose or criminal intent." [Black's Law
incurred by means of dolo or culpa. Dictionary, 5th ed., p. 889]
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(g) In forcible abduction (Art. 342), specific intent of WRONGFUL ACT DIFFERENT FROM THAT INTENDED
lewd designs must be proved. Art. 4. RPC. Criminal liability shall be incurred:
By any person committing a felony (delito) although
DISTINCTION BETWEEN INTENT, DISCERNMENT AND
the wrongful act done be different from that which
MOTIVE
he intended. xxx xxx xxx.
Intent – is the determination to do a certain thing, an
aim or purpose of the mind. It establishes the nature When a person commits a felony with malice, he
and extent of culpability in intentional felonies. intends the consequences of his felonious act.
Discernment – is the mental capacity to tell right Rationale: el que es causa de la causa es causa del
from wrong. It is integral to the element of mal causado (he who is the cause of the cause is the
intelligence, NOT intent. cause of the evil caused).
Motive – it is the moving power which impels one to Requisites:
do an act (ex. vengeance). Generally, it is not an (1) An intentional felony has been committed.
essential element of a crime; hence, it need not be (a) The felony committed should be one
proved for purposes of conviction (except in certain committed by means of dolo (with malice)
cases enumerated below). because Art. 4, Par. 1 speaks of wrongful act
done different from that which he intended.
WHEN MOTIVE BECOMES MATERIAL IN DETERMINING
(b) The act should not be punished by a special
CRIMINAL LIABILITY
law because the offender violating a special
(1) When the act brings about variant crimes (e.g. law may not have the intent to do an injury to
kidnapping v. robbery [People v. Puno (1993)]) another.
(2) When there is doubt as to the identity of the (c) No felony is committed when:
assailant. (i) the act or omission is not punishable by
(3) When there is the need to ascertain the truth the RPC,
between two antagonistic versions of the crime. (ii) the act is covered by any of the justifying
(4) When the identification of the accused proceeds circumstances enumerated in Art. 11.
from an unreliable source and the testimony is
inconclusive and not free from doubt. (2) The wrong done to the aggrieved party be the
(5) When there are no eyewitnesses to the crime, and direct, natural and logical consequence of the felony
when suspicion is likely to fall upon a number of committed by the offender.
persons.
(6) When the evidence on the commission of the Proximate Cause - That cause, which, in a natural
crime is purely circumstantial. and continuous sequence, unbroken by any
(a) Lack of motive can aid in achieving acquittal efficient intervening cause, produces the injury
of the accused, especially where there is doubt without which the result would not have
as to the identity of the accused. [People v. occurred.
Hassan (1988)]
(b) Proof of motive is not indispensable for a The proximate legal cause is that acting first and
conviction, particularly where the accused is producing the injury, either immediately or by
positively identified by an eyewitness and his setting other events in motion, all constituting a
participation is adequately established. natural and continuous chain of events, each
[People v. Delos Santos] having a close causal connection with its
(c) In the crime of murder, motive is not an immediate predecessor, the final event in the
element of the offense, it becomes material chain immediately effecting the injury as a
only when the evidence is circumstantial or natural and probable result of the cause which
inconclusive and there is some doubt on first acted, under such circumstances that the
whether the accused had committed it. person responsible for the first event should, as
[People vs. Galano] an ordinary prudent and intelligent person, have
reasonable ground to expect at the moment of
Note: Discernment does not indicate the presence of his act or default that an injury to some person
intent, merely intelligence [People v. Cordova (1993)]. might probably result therefrom. [Vda. De
Thus, discernment is necessary whether the crime is Bataclan v. Medina (1957)]
dolo or culpa.
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PROXIMATE CAUSE V. IMMEDIATE CAUSE V. REMOTE If A’s act constitutes sufficient means to carry out
CAUSE the graver felony, he cannot claim praeter
intentionem.
Proximate cause – see definition above.
The felony committed is not the proximate cause of
Immediate cause – The last event in a chain of the resulting injury when:
events, though not necessarily the proximate cause (1) There is an efficient intervening cause or an active
of what follows. force that intervened between the felony
committed and the resulting injury, and the active
Remote cause – A cause that does not necessarily or force is a distinct act or fact absolutely foreign
immediately produce an event or injury. from the felonious act of the accused; or
(2) The resulting injury is due to the intentional act of
Note: Criminal liability exists from the concurrence of the victim.
the mens rea and the actus reus.
The following are not efficient intervening cause:
Criminal liability for some felonies arises only upon a (1) The weak or diseased physical condition of the
specific resulting harm: victim, as when one is suffering from tuberculosis
(1) Homicide and its qualified forms requires DEATH or heart disease. [People v. Illustre]
of the victim to be consummated. (2) The nervousness or temperament of the victim, as
(2) Estafa: requires that the victim incur damage for when a person dies in consequence of an internal
criminal liability for the consummated felony to hemorrhage brought on by moving about against
arise. the doctor’s orders, because of his nervous
condition due to the wound inflicted on the
General rule: The offender is CRIMINALLY LIABLE for accused. [People v. Almonte]
ALL the natural and logical consequences of his (3) Causes which are inherent in the victim, such (a)
felonious act, although not intended, if the felonious the victim not knowing to swim and (b) the victim
act is the proximate cause of the resulting harm. being addicted to tuba drinking. [People v. Buhay
and People v. Valdez]
Thus, the person is still criminally liable although the (4) Neglect of the victim or third person, such as the
wrongful act done be different from that which he refusal by the injured party of medical attendance
intended in the following cases: or surgical operation, or the failure of the doctor
to give anti-tetanus injection to the injured
(1) Error in personae - mistake in the identity of the person. [U.S. v. Marasigan]
victim; injuring one person mistaken for another (5) Erroneous or unskillful medical or surgical
(Art. 49 – penalty for lesser crime in its maximum treatment, as when the assault took place in anu
period) outlaying barrio where proper modern surgical
(a) At least two subjects service was not available. [People v. Moldes]
(b) A has intent to kill B, but kills C
(c) Under Art. 3, if A hits C, he should have no Omission– It is inaction, the failure to perform a
criminal liability. But because of Art. 4, his act positive duty which a person is bound to do.
is a felony.
There must be a law requiring the doing or
(2) Aberratio ictus - mistake in the blow; when performing of an act.
offender intending to do an injury to one person
actually inflicts it on another (Art. 48 on complex Punishable omissions in the RPC:
crimes – penalty for graver offense in its (1) Art. 116: Misprision of treason.
maximum period) (2) Art. 137: Disloyalty of public officers or employees.
(a) There is only one subject. (3) Art. 208: Negligence and tolerance in
(b) The intended subject is a different subject, but prosecution of offenses.
the felony is still the same. (4) Art. 223: Conniving with or consenting to evasion.
(5) Art. 275: Abandonment of person in danger and
(3) Praeter intentionem - injurious result is greater abandonment of one’s own victim.
than that intended (Art. 13 – mitigating (6) Art. 276: Abandoning a minor
circumstance)
MISTAKE OF FACT
Mistake of Fact (Ignorantia Facti Excusat) – It is a
reasonable misapprehension of fact on the part of
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US v. Ah Chong (1910): A cook who stabs his People vs. Faller (1939): It was stated indirectly that
roommate in the dark, honestly mistaking the latter criminal negligence or culpa is just a mode of
to be a robber responsible for a series of break-ins in incurring criminal liability.
the area, and after crying out sufficient warnings and
believing himself to be under attack, cannot be held In this case, the accused was charged with malicious
criminally liable for homicide. mischief.
(1) Would the stabbing be lawful if the facts were Malicious mischief is an intentional negligence under
really what the houseboy believed? Yes. If it was Article 327. Thus, there is no malicious mischief
really the robber and not the roommate then the through simple negligence or reckless imprudence
houseboy was justified. because it requires deliberateness.
(2) Was the houseboy’s intention lawful? Yes. He was
acting out of self-preservation. The Supreme Court pointed out that although the
(3) Was the houseboy without fault or negligence? allegation in the information charged the accused
Yes. His deliberate intent to defend himself with with an intentional felony, yet the words feloniously
the knife can be determined by the fact that he and unlawfully, which are standard languages in an
cried out sufficient warnings prior to the act. information, covers not only dolo but also culpa
because culpa is just a mode of committing a felony.
Stabbing the victim whom the accused believed to
be an intruder showed a mistake of fact on his part (b) AS A CRIME
which led him to take the facts as they appear to him In Art. 365, criminal negligence is an omission which
and was pressed to take immediate action. the article specifically penalizes.
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DEVELOPMENT OF A CRIME
Elements of Criminal
Impossible Crime Attempted Frustrated Consummated
Liability
Lacking due to: Intervention other than
(i) inherent impossibility own desistance; some
Actus Reus (ii) employment of but not all acts of
inadequate means execution
Mens Rea
Concurrence
Result
Causation
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(f) The offender will still be criminally liable for the FRUSTRATED STAGE
felony brought about by his act. Elements:
(g) What is negated is only the attempted stage, but (a) The offender performs all the acts of execution;
there may be other felonies arising from his act. (b) All the acts performed would produce the felony
as a consequence;
Note: Desistance is true only in the attempted stage (c) But the felony is not produced;
of the felony. (d) By reason of causes independent of the will of
the perpetrator.
(a) If the felony is already in its frustrated stage,
desistance will NOT negate criminal liability. (1) The end of the subjective phase and the
(b) In the attempted stage, the definition uses the beginning of the objective phase.
word “directly.” (2) Objective phase – the result of the acts of
(c) The word “directly” emphasizes the requirement execution, that is, the accomplishment of the
that the attempted felony is that which is directly crime.
linked to the overt act performed by the offender, (3) If the subjective and objective phases have been
not the felony he has in his mind. passed there is a consummated felony.
(d) There are some acts which are ingredients of a
certain crime, but which are, by themselves, People v. Listerio (2000): Brothers Jeonito and Marlon
already criminal offenses like in the case of were walking when they met a group composed of
People v. Lamahang (1935) where the act of men who blocked their path and attacked them with
removing the panel indicates only at most the lead pipes and bladed weapons. One stabbed
intention to enter, he can only be prosecuted for Jeonito from behind. Jeonito’s brother, Marlon, was
trespass and not robbery. hit on the head.
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(c) We can only say that the offender in rape has (c) Disposition of the stolen goods is not an
performed all the acts of executionwhen he element of theft under the RPC.
has effected a penetration.
(d) Once there is penetration, no matter how Rule of thumb: Felonies that do not require any
slight it is, the offense is consummated. For result do not have a frustrated stage.
this reason, rape admits only of the attempted
and consummated stages, no frustrated Factors in Determining the Stage of Execution of a
stage. [People v. Orita] Felony
(1) The manner of committing the crime;
(2) Arson (2) The elements of the crime; and
(a) One cannot say that the offender, in the (3) The nature of the crime itself.
crime of arson, has already performed all the
acts of execution which could produce the These three factors are helpful in trying to pinpoint
destruction of the premises through the use whether the crime is still in its attempted, frustrated
of fire, unless a part of the premises has or consummated stage.
begun to burn.
(b) The crime of arson is therefore consummated (1) The Manner of Committing the Crime
even if only a portion of the wall or any part (a) Formal Crimes - consummated in one
of the house is burned. The consummation of instant, no attempt.
the crime of arson does not depend upon the (i) Ex. Slander and false testimony
extent of the damage caused. (People v. (ii) There can be no attempt, because
Hernandez) between the thought and the deed,
there is no chain of acts that can be
(3) Bribery and Corruption of Public Officers severed.
(a) The manner of committing the crime requires (b) Crimes consummated by mere attempt or
the meeting of the minds between the giver proposal by overt act.
and the receiver. (i) Ex. Flight to enemy’s country (Art. 121)
(b) If there is a meeting of the minds, there is and corruption of minors (Art. 340)
consummated bribery or consummated (c) Felony by omission
corruption. (i) There can be no attempted stage when
(c) If there is none, it is only attempted. the felony is by omission, because the
offender does not execute acts, he
(4) Adultery omits to perform an act which the law
(a) This requires the sexual contact between two requires him to do.
participants. (d) Crimes requiring the intervention of two
(b) If that link is present, the crime is persons to commit them are consummated
consummated; by mere agreement.
(i) In bribery, the manner of committing
(5) Physical Injuries the crime requires the meeting of the
(a) Under the Revised Penal Code, the crime of minds between the giver and the
physical injuries is penalized on the basis of receiver.
the gravity of the injuries. (ii) When the giver delivers the money to
(b) There is no simple crime of physical injuries. the supposed receiver, but there is no
There is the need to categorize because there meeting of the minds, the only act done
are specific articles that apply whether the by the giver is an attempt.
physical injuries are serious, less serious or (e) Material Crimes – have three stages of
slight. execution
(c) Thus, one could not punish the attempted or Thus, in determining the stage of some
frustrated stage because one does not know crimes, the manner of execution becomes
what degree of physical injury was pivotal in determining the end of the
committed unless it is consummated. subjective phase, i.e. once the offender
performs the act in the manner provided for
(6) Theft in the law, HE IS ALREADY DEEMED TO
(a) Once there is unlawful taking, theft is HAVE PERFORMED EVERY ACT FOR ITS
consummated. EXECUTION.
(b) Either the thing was taken or not.
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(3) The execution of the felony was decided upon. General rule: When the conspiracy is established, all
who participated therein, irrespective of the quantity
Agreement to effect what has been conceived or quality of his participation is liable equally,
and determined. whether conspiracy is pre-planned or instantaneous.
Note: There must be participation in the criminal Exception: Unless one or some of the conspirators
resolution because simple knowledge thereof by a committed some other crime which is not part of the
person may only make him liable as an accomplice. conspiracy.
General rule: Conspiracy and proposal to commit a Exception to the Exception: When the act constitutes
felony are not punishable. a “single indivisible offense.”
Exception: They are punishable only in the cases in Proposal to commit a felony - when the person who
which the law specially provides a penalty therefore. has decided to commit a felony proposes its
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execution to some other person or persons. [Art. 8, of a felony that all the accused aimed at the
RPC] same object, one performing one part and the
other performing another for the attainment of
Examples: the same objective; and that their acts, though
(1) Proposal to commit treason (Art. 115) and apparently independent, were in fact concerted
(2) proposal to commit coup d’état, rebellion or and cooperative, indicating closeness of
insurrection (Art. 136). personal association, concerted action and
concurrence of sentiments. [People v. Talaogan
Requisites: (2008)]
(1) That a person has decided to commit a felony; (h) Doctrine of Implied Conspiracy – Conspiracy
and need not be direct but may be inferred from the
(2) That he proposes its execution to some other conduct of the parties, their joint purpose,
person or persons. community of interest and in the mode and
manner of commission of the offense. [People v.
There is no criminal proposal when: Pangilinan (2003)]
(1) The person who proposes is not determined to
commit the felony; Legal effects of implied conspiracy are:
(2) There is no decided, concrete and formal (a) Not all those present at the crime scene will be
proposal; considered conspirators;
(3) It is not the execution of a felony that is (b) Only those who participated in the criminal acts
proposed. during the commission of the crime will be
considered co-conspirators;
Note: It is not necessary that the person to whom the (c) Mere acquiescence to or approval of the
proposal is made agrees to commit treason or commission of the crime, without any act of
rebellion. criminal participation, shall not render one
criminally liable as co-conspirator.
(a) Conspiracy must be established by positive and (d) In the absence of any previous plan or
conclusive evidence, not by conjectures or agreement to commit a crime, the criminal
speculations. [People v. Laurio (1991)] responsibility arising from different acts directed
(b) Conspiracy is predominantly a state of mind as it against one and the same person is individual
involves the meeting of the minds and intent of and not collective, and that each of the
the malefactors. Consequently, direct proof is participants is liable only for his own acts.
not essential to establish it. [People v. Bello (People v. Bagano)
(2004)] (e) A conspiracy is possible even when participants
(c) To establish conspiracy, evidence of actual are not known to each other. When several
cooperation rather than mere cognizance or persons who do not know each other
approval of an illegal act is required. simultaneously attack the victim, the act of one
(d) Conspiracy is never presumed; it must be shown is the act of all, regardless of the degree of injury
to exist as clearly and convincingly as the inflicted by any one of them. Everyone will be
commission of the crime itself. liable for the consequences.
(e) Mere presence of a person at the scene of the (f) One who desisted is not criminally liable. As
crime does not make him a conspirator for pointed out earlier, desistance is true only in the
conspiracy transcends companionship. [People v. attempted stage. Before this stage, there is only
Comadre (2004)] a preparatory stage. Conspiracy is only in the
(f) While it is mandatory to prove conspiracy by preparatory stage.
competent evidence, direct proof is not essential (g) Do not search for an agreement among
to show it – it may be deduced from the mode, participants. If they acted simultaneously to
method, and manner by which the offense was bring about their common intention, conspiracy
perpetrated, or inferred from the acts of the exists. And when conspiracy exists, do not
accused themselves when such acts point to a consider the degree of participation of each
joint purpose and design, concerted action and conspiracy because the act of one is the act of
community of interest. [People v. Cenahonon all. As a general rule, they have equal
(2007)] responsibility.
(g) Direct proof is not required, as conspiracy may (h) In some exceptional situations, having
be proved by circumstantial evidence. It may be community of design with the principal does not
established through the collective acts of the prevent a malefactor from being regarded as an
accused before, during and after the commission accomplice if his role in the perpetration of the
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homicide or murder was, relatively speaking, of a of rape and homicide, where he was present
minor character. (People v. Nierra) when these crimes were being committed but he
did not attempt to prevent the same. (Art. 296
Distinctions between the liability of a conspirator and (2), RPC).
that of a member of a band where the crime (3) If both conspiracy to rob and cuadrilla are
committed is robbery which is attended by other present, both rules may apply, in this manner:
crimes. (a) If a homicide was committed, the lookout is
(1) A conspirator is liable only for such other crimes liable therefore under the conspiracy theory; (b)
which could be foreseen and which are the if a rape was committed and the lookout was
natural and logical consequences of the present but did not try to prevent it, he will be
conspiracy. Thus, if the conspiracy is only to rob liable under the cuadrilla rule; and (c) if the
the victim, rape is not a foreseeable lookout was not present when the homicide was
consequence. (People v. Castillo) committed, he will not be liable for the rape but
(2) A member of a band in a robbery cuadrilla, on he will still be liable for the homicide under the
the other hand, is liable for all assaults, inclusive conspiracy theory.
2 Concepts of How
Stage Legal Requirements Illustration
Conspiracy incurred
A, B, C and D came to an
agreement to commit
rebellion. Their agreement
was to ring about the
rebellion on a certain date.
Even if none of them has
performed the act of
(1) The RPC must specifically punish the
rebellion, there is already
act of conspiring (and proposing)
criminal liability arising
(2) The act MUST NOT BE
from the conspiracy to
ACCOMPLISHED, else the
AS A FELONY Preparatory Mere commit the rebellion.
conspiracy is obliterated and the
IN ITSELF acts agreement
ACT ITSELF IS PUNISHED.
But if anyone of them has
(3) QUANTUM OF PROOF: Conspiracy
committed the overt act of
as a crime must be established
rebellion, the crime of all is
beyond reasonable doubt
no longer conspiracy but
rebellion itself.
This subsists even though
the other co-conspirators
do not know that one of
them had already done the
act of rebellion.
(1) Participants acted in concert or
simultaneously or IN ANY WAY
Three persons plan to rob a
which is indicative of a meeting of
bank. For as long as the
the minds towards a common
conspirators merely entered
criminal goal or criminal objective.
the bank there is no crime
(2) The act of meeting together is not
yet. But when one of them
necessary as long as a common
AS A draws a gun and disarms
Executory Commission objective can be discerned from the
BASIS FOR the security guard, all of
acts of overt act overt acts.
LIABILITY them shall be held liable,
(3) THE ACT MUST BE
unless a co-conspirator was
ACCOMPLISHED, if there is only
absent from the scene of
conspiracy or proposal, THERE IS NO
the crime or he showed up,
CRIME TO BE PUNISHED.
but he tried to prevent the
(4) QUANTUM OF PROOF: Reasonably
commission of the crime.
inferred from the acts of the
offenders when such acts disclose or
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2 Concepts of How
Stage Legal Requirements Illustration
Conspiracy incurred
show a common pursuit of the
criminal objective. [People v. Pinto]
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the same, shall be punished by the maximum period Each act performed The different acts
of the penalty prescribed by law for the new felony. constitutes a separate constitute only one crime
crime because each act is because all of the acts
HABITUAL DELINQUENCY generated by a criminal performed arise from one
impulse criminal resolution.
Requisites:
(1) Offender had been convicted of any of the
crimes of serious or less serious physical injuries, People v. De Leon (1926): a thief who took from a yard
robbery, theft, estafa, or falsification of a house two game roosters belonging to two
(2) After that conviction or after serving his different persons was ruled to have committed only
sentence, he again committed, and, within 10 one crime of theft, because there is a unity of
years from his release or first conviction, he was thought in the criminal purpose of the offender. The
again convicted of any of the said crimes for the accused was animated by a single criminal impulse.
second time
(3) After his conviction of, or after serving sentence A continued crime is not a complex crime.
for, the second offense, he again committed, (a) The offender here does not perform a single act,
and, within 10 years from his last release or last but a series of acts, and one offense is not a
conviction, he was again convicted of any of said necessary means for continuing the other.
offenses, the third time or oftener. [Art. 62, RPC] (b) Hence, the penalty is not to be imposed in its
maximum period.
Purpose of the law in imposing additional penalty: To
render more effective social defense and the (a) A continued crime is different from a transitory
reformation of habitual delinquents (Reyes, quoting crime (moving crime.) in criminal procedure for
People v. Abuyen) purposes of determining venue.
(b) When a transitory crime is committed, the
CONTINUING CRIMES criminal action may be instituted and tried in the
court of the municipality, city or province
Continuing crime (continuous or continued) - A single wherein any of the essential ingredients thereof
crime, consisting of a series of acts but all arising took place.
from one criminal resolution. (c) While Article 48 speaks of a complex crime
where a single act constitutes two or more grave
Cuello Calon explains the delito continuado in this or less grave offenses, those cases involving a
way: When the actor, there being unity of purpose series of acts resulting to two or more grave and
and of right violated, commits diverse acts, each one less grave felonies, were considered by the
of which, although of a delictual character, merely Supreme Court as a complex crime when it is
constitutes a partial execution of a single particular shown that the act is the product of one single
delict, such delictual acts is called delito continuado. criminal impulse.
Example: One who on several occasions steals wheat (d) TIP: If confronted with a problem, the Supreme
deposited in a granary. Each abstraction constitutes Court has extended this class of complex crime
theft, but instead of imposing on the culprit different to those cases when the offender performed not
penalties for each theft committed, he is punished a single act but a series of acts as long as it is
for only one “hurto continuado” for the total sum or the product of a single criminal impulse
value abstracted.
People v. Garcia (1980):
Continuing offense - A continuous, unlawful act or (a) The accused were convicts who were members
series of acts set on foot by a single impulse and of a certain gang and they conspired to kill the
operated by an unintermittent force, however long a other gang.
time it may occupy. (b) Some of the accused killed their victims in one
place within the same penitentiary, some killed
Although there is a series of acts, there is only one the others in another place within the same
crime committed. Hence, only one penalty shall be penitentiary.
imposed. (c) The Supreme Court ruled that all accused
should be punished under one information
Real or material plurality Continued Crime because they acted in conspiracy.
(d) The act of one is the act of all.
There is a series of acts performed by the offender. (e) Because there were several victims killed and
some were mortally wounded, the accused
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should be held for the complex crime of multiple In the THEFT cases:
homicide with multiple frustrated homicide. The trend is to follow the single larceny doctrine:
(f) There is a complex crime not only when there is (a) taking of several things,
a single act but a series of acts. (b) whether belonging to the same or different
(g) It is correct that when the offender acted in owners,
conspiracy, this crime is considered as one and (c) at the same time and place, constitutes one
prosecuted under one information. larceny only.
Although in this case, the offenders did not only kill
one person but killed different persons, the Supreme Abandoned is the doctrine that the government has
Court considered this as complex. the discretion to prosecute the accused for one
offense or for as many distinct offenses as there are
Whenever the Supreme Court concludes that the victims.
criminals should be punished only once, because
they acted in conspiracy or under the same criminal Note: The concept of delito continuado has been
impulse: applied to crimes under special laws since in Art. 10,
(a) it is necessary to embody these crimes under the RPC shall be supplementary to special laws,
one single information. unless the latter provides the contrary.
(b) It is necessary to consider them as complex
crimes even if the essence of the crime does not
fit the definition of Art 48, because there is no COMPLEX CRIMES AND SPECIAL COMPLEX
other provision in the RPC. CRIMES
Applying the concept of the “continued crime”, the Plurality of Crimes (Concursu de delitos)
following cases have been treated as constituting one (1) Consists of the successive execution
crime only: (2) by the same individual
(1) People v. Tumlos, (1939): The theft of 13 cows (3) of different criminal acts
belonging to two different persons committed (4) for any of which no conviction has yet been
by the accused at the same place and period of declared.
time;
(2) People v. Jaranilla, (1974): The theft of six Philosophy behind plural crimes
roosters belonging to two different owners from Through the concept of plural crimes, several crimes
the same coop and at the same period of time; are treated as one. The purpose of this is to allow
(3) People v. Sabbun, (1964): The illegal charging of leniency towards the offender, who, instead of being
fees for service rendered by a lawyer every time made to suffer distinct penalties for every resulting
he collected veteran’s benefits on behalf of a crime is made to suffer one penalty only, although it
client who agreed that attorney’s fees shall be is the penalty for the most serious one and is
paid out of such benefits. The collections of imposed in its maximum period.
legal fees were impelled by the same motive,
that of collecting fees for services rendered, and Note: If by complexing the crime, the penalty would
all acts of collection were made under the same turn out to be higher, do not complex anymore.
criminal impulse.
Plurality of Crimes Recidivism
The Supreme Court declined to apply the concept in
the following cases: There is no conviction for There must be conviction
(1) People v. Dichupa, (1961): Two estafa cases, one any of the crimes by final judgment of the
which was committed during the period from committed. first or prior offense.
January 19 to December, 1955 and the other
from January 1956 to July 1956. Said acts were A Complex crime is not just a matter of penalty, but
committed on two different occasions; of substance under the Revised Penal Code.
(2) People v. CIV: Several malversations committed
in May, June and July 1936 and falsifications to Kinds of Plurality of Crimes
conceal said offenses committed in August and (1) Real or Material Plurality
October, 1936. The malversations and (a) There are different crimes in law as well as
falsifications were not the result of one in the conscience of the offender.
resolution to embezzle and falsity; (b) In such cases, the offender shall be
punished for each and every offense that he
committed.
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by a distinct criminal impulse, hence each grave or less grave felonies resulted, but only
will have a separate penalty. the first part is applicable, i.e. compound crime.
The second part of Art. 48 does not apply,
Requisites: referring to the complex crime proper because
(1) That at least two offenses are committed this applies or refers only to a deliberate
(2) That one or some of the offenses must be commission of one offense to commit another
necessary to commit the other offense.
(3) That both or all the offenses must be punished
under the same statute. SPECIAL COMPLEX/COMPOSITE CRIMES
The substance is made up of more than one crime
Note: The phrase “necessary means” does not mean but which in the eyes of the law is only
“indispensable means” (1) a single indivisible offense.
(2) all those acts done in pursuance of the crime
agreed upon are acts which constitute a single
No complex crime proper: crime.
(1) Subsequent acts of intercourse, after forcible
abduction with rape, are separate acts of rape. Special Complex Crimes
(2) Not complex crime when trespass to dwelling is (a) Robbery with Homicide (Art. 294 (1))
a direct means to commit a grave offense. (b) Robbery with Rape (Art. 294 (2))
(3) No complex crime, when one offense is (c) Robbery with Arson
committed to conceal the other. (d) Kidnapping with serious physical injuries (Art.
(4) When the offender already had in his possession 267 (3))
the funds which he misappropriated, the (e) Kidnapping with rape
subsequent falsification of a public or official (f) Rape with Homicide (Art. 335)
document involving said offense is a separate (g) Arson with homicide
offense.
(5) No complex crime where one of the offenses is When crimes involved cannot be legally complexed:
penalized by a special law. (1) Malicious obtention or abusive service of search
(6) There is no complex crime of rebellion with warrant (Art. 129) with perjury;
murder, arson, robbery, or other common crimes (2) Bribery (Art. 210) with infidelity in the custody of
(People v. Hernandez; Enrile v. Salazar). prisoners;
(7) In case of continuous crimes. (3) Maltreatment of prisoners (Art. 235) with serious
(8) When the other crime is an indispensable physical injuries;
element of the other offense. (4) Usurpation of real rights (Art. 312) with serious
physical injuries; and
General rules in complexing crimes: (5) Abandonment of persons in danger (Art. 275)
(1) When two crimes produced by a single act are and crimes against minors (Art. 276 to 278) with
respectively within the exclusive jurisdiction of any other felony.
two courts of different jurisdiction, the court of
higher jurisdiction shall try the complex crime.
(2) The penalty for complex crime is the penalty for
the most serious crime, the same to be applied in
its maximum period.
(3) When two felonies constituting a complex crime
are punishable by imprisonment and fine,
respectively, only the penalty of imprisonment
should be imposed.
(4) Art. 48 applies only to cases where the Code
does not provide a definite specific penalty for a
complex crime.
(5) One information should be filed when a complex
crime is committed.
(6) When a complex crime is charged and one
offense is not proven, the accused can be
convicted of the other.
(7) Art. 48 also applies in cases when out of a single
act of negligence or imprudence, two or more
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Circumstances Affecting
Criminal Liability
JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE
NO WRONG THERE IS A WRONG THERE IS A FELONY THERE IS A FELONY THERE IS A FELONY
Decreased criminal Increased criminal Increased or decreased
No criminal liability No criminal liability
liability liability liability
With civil liability
No civil liability
Except:
Except: With civil liability With civil liability With civil liability
accident;
state of necessity
insuperable cause
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inside his house when he heard that the wall of his (6) Relatives by Consanguinity w/in the 4th civil
house was being chiseled. He saw that Fleischer and degree
Rubia, were fencing the land of the father of the
deceased Fleischer. He asked the group to stop but Balunueco v. CA (2003): Of the three (3) requisites of
they refused. The accused got mad so he got his defense of relatives, unlawful aggression is a
shotgun and shot Fleischer. Rubia ran towards the condition sine qua non, for without it any defense is
jeep and knowing there is a gun on the jeep, the not possible or justified. In order to consider that an
accused fired at Rubia as well. Narvaez claimed he unlawful aggression was actually committed, it is
acted in defense of his person and rights. necessary that an attack or material aggression, an
offensive act positively determining the intent of the
Held: There was aggression by the deceased not on aggressor to cause an injury shall have been made;a
the person of the accused but on his property rights mere threatening or intimidating attitude is not
when Fleischer angrily ordered the continuance of sufficient to justify the commission of an act which is
the fencing. The third element of self-defense is also punishable per se, and allow a claim of exemption
present because there was no sufficient provocation from liability on the ground that it was committed in
on the part of Narvaez since he was sleeping when self-defense or defense of a relative.
the deceased where fencing.
However, the second element was lacking. Shooting Par. 3. Defense of Strangers
the victims from the window of his house is
disproportionate to the physical aggression by the Elements:
victims. Thus, there is incomplete self-defense. (1) Unlawful aggression;
(2) Reasonable necessity of the means employed to
Par. 2. Defense of Relatives prevent or repel it;
(3) The person defending was not induced by
Elements: revenge, resentment or other evil motive.
(1) Unlawful aggression
(a) Unlawful aggression may not exist as a Stranger – any person not included in the
matter of fact; it can be made to depend enumeration of relatives under [par. 2 of Art. 11]
upon the honest belief of the one making
the defense. If the person being defended is a second cousin, it will
(b) Reason: The law acknowledges the be defense of stranger.
possibility that a relative, by virtue of blood,
will instinctively come to the aid of their Basis: What one may do in his defense, another may
relatives. do for him. The ordinary man would not stand idly
(2) Reasonable necessity of means employed to by and see his companion killed without attempting
prevent or repel it to save his life.
(3) In case the provocation was given by the person
attacked, the one making the defense had no Par. 4. Avoidance of a Greater Evil
part therein
Elements:
Although the provocation prejudices the person (1) Evil sought to be avoided actually exists
who gave it, its effects do not reach the defender
who took no part therein, because the latter was The evil or injury sought to be avoided must not
prompted by some noble or generous sentiment have been produced by the one invoking the
in protecting and saving a relative justifying circumstances.
Basis: It is found not only upon a humanitarian (2) Injury feared be greater than that done to avoid
sentiment, but also upon the impulse of blood which it
impels men to rush, on the occasion of great perils,
to the rescue of those close to them by ties of blood. (3) There is no other practical & less harmful means
of preventing it.
Relatives entitled to defense: (SADSAC)
(1) Spouse General rule: No civil liability in justifying
(2) Ascendants circumstances because there is no crime.
(3) Descendants
(4) Legitimate, natural or adopted Brothers/Sisters
(5) Relatives by Affinity in the same degree
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Exception: There is CIVIL LIABILITY under this circumstance. The penalty would be reduced by one
paragraph. Persons benefited shall be liable in or two degrees.
proportion to the benefit which they have received.
Ty v. People (2004):Ty's mother and sister were People v. Ulep (2000):Accused-appellant and the
confined at the Manila Doctors' Hospital. Ty signed other police officers involved originally set out to
the "Acknowledgment of Responsibility for Payment" restore peace and order at Mundog Subdivision
in the Contract of Admission. The total hospital bills where the victim was then running amuck. The victim
of the two patients amounted to P1,075,592.95. Ty threatened the safety of the police officers despite
executed a promissory note wherein she assumed accused-appellant's previous warning shot and
payment of the obligation in installments. To assure verbal admonition to the victim to lay down his
payment of the obligation, she drew 7 postdated weapon.
checks against Metrobank payable to the hospital
which were all dishonored by the drawee bank due to Held: As a police officer, it is to be expected that
insufficiency of funds. As defense, Ty claimed that accused-appellant would stand his ground. Up to
she issued the checks because of “an uncontrollable that point, his decision to respond with a barrage of
fear of a greater injury.” She averred that she was gunfire to halt the victim's further advance was
forced to issue the checks to obtain release for her justified under the circumstances. A police officer is
mother who was being inhumanely treated by the not required to afford the victim the opportunity to
hospital. She alleged that her mother has fight back. Neither is he expected – when hard
contemplated suicide if she would not be discharged pressed and in the heat of such an encounter at
from the hospital. Ty was found guilty by the lower close quarters – to pause for a long moment and
courts of 7 counts of violation of BP22. reflect coolly at his peril, or to wait after each blow to
determine the effects thereof. But he cannot be
Held: The court sustained the findings of the lower exonerated from overdoing his duty when he fatally
courts. The evil sought to be avoided is merely shot the victim in the head, even after the latter
expected or anticipated. So the defense of an slumped to the ground due to multiple gunshot
uncontrollable fear of a greater injury” is not wounds sustained while charging at the police
applicable. Ty could have taken advantage of an officers. Sound discretion and restraint dictated that
available option to avoid committing a crime. By her a veteran policeman should have ceased firing at the
own admission, she had the choice to give jewelry or victim the moment he saw the latter fall to the
other forms of security instead of postdated checks ground. The victim at that point no longer posed a
to secure her obligation. threat. Shooting him in the head was obviously
unnecessary.
Moreover, for the defense of state of necessity to be
availing, the greater injury feared should not have The law does not clothe police officers with authority
been brought about by the negligence or to arbitrarily judge the necessity to kill- it must be
imprudence, more so, the willful inaction of the stressed that their judgment and discretion as police
actor. In this case, the issuance of the bounced officers in the performance of their duties must be
checks was brought about by Ty's own failure to pay exercised neither capriciously nor oppressively, but
her mother's hospital bills. within reasonable limits.
Par. 5. Fulfillment of Duty or Lawful Exercise of Right Mamagun v. People (2007):A policeman in pursuit of
or Office a snatcher accidentally shot one of the bystanders
who were actually helping him chase the snatcher.
Elements:
(1) Offender acted in performance of duty or lawful Held: To be sure, acts in the fulfillment of a duty,
exercise of a right or office; without more, do not completely justify the
(2) That the injury caused or the offense committed petitioner’s firing the fetal gunshot at the victim.
be the necessary consequence of the due True, petitioner, as one of the policemen responding
performance of duty or the lawful exercise of to a reported robbery then in progress, was
such right or office. performing his duty as a police officer as well as
when he was trying to effect the arrest of the
If the first condition is present, but the second is not suspected robber and in the process, fatally shoot
because the offender acted with culpa, the offender said suspect, albeit the wrong man. However, in the
will be entitled to a privileged mitigating absence of the equally necessary justifying
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circumstance that the injury of offense committed be subordinates, could not question, and obeyed in
the necessary consequence if the due performance of good faith, without being aware of their illegality,
such duty, there can only be incomplete justification, without any fault or negligence on their part, the act
a privilege mitigating circumstance under Art. 13 and is not accompanied by criminal intent. A crime is not
69 of the RPC. There can be no quibbling that there committed if the mind of the person performing the
was no rational necessity for the killing of Contreras. act be innocent..
Petitioner could have first fired a warning shot before
pulling the trigger against Contreras who was one of JUSTIFYING VS. EXEMPTING CIRCUMSTANCE
the residents chasing the suspected robber.
Justifying Circumstance Exempting Circumstance
People v. Delima (1922):Napilon escaped from the jail It affects the act, not the It affects the actor, not the
where he was serving sentence. Some days actor. act.
afterwards the policeman, Delima, who was looking The act is considered to
for him found him in the house of Alegria, armed have been done within the The act complained of is
with a pointed piece of bamboo in the shape of a bounds of law; hence, actually wrongful, but the
lance. Delima demanded the surrender of the legitimate and lawful in actor is not liable.
weapon but Napilon refused. Delima fired his the eyes of the law.
revolver to impose his authority but the bullet did not
Since the act complained
hit him. The criminal ran away and Delima went after
of is actually wrong, there
him and fired again his revolver this time hitting and Since the act is
is a crime but since the
killing him. considered lawful, there is
actor acted without
no liability.
voluntariness, there is no
Held: The killing was done in the performance of a
dolo or culpa.
duty. The deceased was under the obligation to
surrender and had no right, after evading service of There is a crime, although
his sentence, to commit assault and disobedience there is no criminal, so
with a weapon in his hand, which compelled the There is no criminal or there is civil liability
policeman to resort to such extreme means, which, civil liability. (Except: Art. 12, par. 4 and
although it proved to be fatal, was justified by the 7 where there is no civil
circumstance. liability.
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The battered woman syndrome is characterized by a conditions which make the act voluntary or
“CYCLE OF VIOLENCE”, which is made up of three negligent.
phases [People v. Genosa].
The reason for the exemption lies on the complete
(1) First Phase: Tension Building Phase absence of intelligence, freedom of action, or intent,
(a) Where minor battering occurs, it could be a or on the absence of negligence on the part of the
verbal or slight physical abuse or another accused.
form of hostile behavior. (1) One who acts without intelligence, freedom of
(b) The woman tries to pacify the batterer action or intent does not act with malice.
through a show of kind, nurturing behavior, (2) One who acts without intelligence, freedom of
or by simply staying out of the way. action or fault does not act with negligence.
(c) But this proves to be unsuccessful as it only
gives the batterer the notion that he has the Par. 1. Insanity or Imbecility
right to abuse her.
Imbecile - One who, while advanced in age, has a
(2) Second Phase: Acute Battering Incident mental development comparable to that of a child
(a) Characterized by brutality, destructiveness, between 2 and 7 years of age. Exempt in all cases
and sometimes death. from criminal liability
(b) The battered woman has no control; only
the batterer can stop the violence. Insane - There is a complete deprivation of
(c) The battered woman realizes that she intelligence in committing the act but capable of
cannot reason with him and resistance having lucid intervals.
would only worsen her condition. (a) During a lucid interval, the insane acts with
intelligence and thus, is not exempt from
(3) Third Phase: Tranquil Period criminal liability.
(a) Characterized by guilt on the part of the (b) Insanity is a defense in the nature of confession
batterer and forgiveness on the part of the and avoidance and must be proved beyond
woman. reasonable doubt.
(b) The batterer may show a tender and
nurturing behavior towards his partner and Note: There is another school of thought that
the woman also tries to convince herself believes that insanity, as with other such defenses,
that the battery will never happen again need only be proved to a degree sufficient to raise a
and that her partner will change for the reasonable doubt of guilt.
better.
Evidence of insanity must refer to:
(a) the time preceding the act under prosecution or
Four Characteristics of the Syndrome: (b) at the very moment of its execution.
(1) The woman believes that the violence was her
fault; (1) Insanity subsequent to commission of crime is
(2) She has an inability to place the responsibility not exempting
for the violence elsewhere; (2) Feeblemindedness is not imbecility. It is
(3) She fears for her life and/or her children’s life necessary that there is a complete deprivation of
(4) She has an irrational belief that the abuser is intelligence in committing the act, that is, the
omnipresent and omniscient. accused be deprived of reason, that there is no
responsibility for his own acts; that he acts
EXEMPTING CIRCUMSTANCES without the least discernment; that there be
SIX TYPES of Exempting Circumstances: complete absence of the power to discern, or
(1) Imbecility/Insanity that there be a complete deprivation of the
(2) Minority freedom of the will. [People vs. Formigones]
(3) Accident
(4) Compulsion of irresistible force Cases covered under this article:
(5) Impulse of uncontrollable fear (1) Dementia praecox
(6) Insuperable or lawful cause Note: Cited in OLD cases, but is a term no longer
used by mental health practitioners
Exempting circumstances – those grounds for (2) Kleptomania: if found by a competent
exemption from punishment because there is psychiatrist as irresistible
wanting in the agent of the crime any of the (3) Epilepsy
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(4) Somnambulism: sleep-walking(People vs. Taneo) Sec. 6, RA 9344. Minimum Age of Criminal
(5) Malignant malaria: which affects the nervous Responsibility. - A child fifteen (15) years of age or
system under at the time of the commission of the offense
shall be exempt from criminal liability. However, the
People vs. Dungo:The insanity that is exempting is child shall be subjected to an intervention program
limited only to mental aberration or disease of the pursuant to Section 20 of this Act.
mind and must completely impair the intelligence of
the accused. A child above fifteen (15) years but below eighteen
(18) years of age shall likewise be exempt from
Two tests of insanity: criminal liability and be subjected to an intervention
(1) The test of COGNITION, or whether the accused program, unless he/she has acted with discernment,
acted with complete deprivation of intelligence in which case, such child shall be subjected to the
in committing the said crime; appropriate proceedings in accordance with this Act.
(2) The test of VOLITION, or whether the accused
acted in total deprivation of freedom of will. The exemption from criminal liability herein
(People vs. Rafanan) established does not include exemption from civil
liability, which shall be enforced in accordance with
Juridical Effects of Insanity existing laws..
(1) If present at the time of the commission of the
crime – EXEMPT from liability. (c) Determination of Age [Sec. 7, RA 9344]
(2) If present during trial – proceedings will be
SUSPENDED and accused is committed to a Presumption: Minority of child in conflict with the
hospital. law. S/he shall enjoy all the rights of a child in
(3) After judgment or while serving sentence – conflict with the law until s/he is proven to be 18
Execution of judgment is SUSPENDED, the years old or older.
accused is committed to a hospital. The period
of confinement in the hospital is counted for the The age of a child may be determined from:
purpose of the prescription of the penalty. (1) The child’s birth certificate,
(2) Baptismal certificate, or
Basis: Complete absence of intelligence (3) Any other pertinent documents.
Par. 2.& 3. Minority (Superseded by RA 9344) In the absence of these documents, age may be
based on:
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A. (1) Information from the child himself/herself,
9344); ALSO REFER TO CHILD AND YOUTH WELFARE CODE (2) Testimonies of other persons,
(P.D. 603, AS AMENDED) (3) The physical appearance of the child, and
(4) Other relevant evidence.
What is the Juvenile Justice and Welfare System?
"Juvenile Justice and Welfare System" refers to a In case of doubt as to the child’s age, it shall be
system dealing with children at risk and children in resolved in his/her favor.
conflict with the law, which provides child-
appropriate proceedings, including programs and (d) Exemption from criminal liability
services for prevention, diversion, rehabilitation, re-
integration and aftercare to ensure their normal (1) 15 yrs old or below at the time of commission of
growth and development. [Title V: Juvenile Justice offense: ABSOLUTELY EXEMPT from criminal
and Welfare System of RA 9344] liability but subject to intervention program
(a) Definition of child in conflict with the law (2) Over 15 yrs old but below 18: EXEMPT from
criminal liability & subject to intervention
Sec. 4 (e), RA 9344."Child in conflict with the law" – a program
child who is alleged as, accused of, or adjudged as,
having committed an offense under Philippine laws. If acted w/ discernment subject to diversion
program
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(c) Mendicancy (PD1563) If it has been determined that the child taken into
(d) Sniffing of Rugby (PD 1619) custody is fifteen (15) years old or below, the
authority which will have an initial contact with the
Discernment – mental capacity to understand the child has the duty to:
difference between right and wrong as determined (1) Immediately release the child to the custody of
by the child’s appearance , attitude, comportment his/her parents or guardian, or in the absence
and behavior not only before and during the thereof, the child's nearest relative.
commission of the offense but also after and during (2) Shall give notice to the local social welfare and
the trial. It is manifested through: development officer who will determine the
(1) Manner of committing a crime – Thus, when the appropriate programs in consultation with the
minor committed the crime during nighttime to child and to the person having custody over the
avoid detection or took the loot to another town child.
to avoid discovery, he manifested discernment. (3) If the parents, guardians or nearest relatives
(2) Conduct of the offender – The accused shot the cannot be located, or if they refuse to take
victim with his sling shot and shouted “Putang custody, the child may be released to any of the
ina mo”. following:
(a) a duly registered nongovernmental or
Note: The exemption from criminal liability shall not religious organization;
include exemption from civil liability. (b) a barangay official or a member of the
Barangay Council for the Protection of
Automatic Suspension of Sentence – Once the child Children (BCPC);
who is under eighteen (18) years of age at the time of (c) a local social welfare and development
the commission of the offense is found guilty of the officer; or when and where appropriate, the
offense charged, the court shall determine and DSWD.
ascertain any civil liability which may have resulted (4) If the child referred to herein has been found by
from the offense committed. However, instead of the Local Social Welfare and Development
pronouncing the judgment of conviction, the court Office to be abandoned, neglected or abused by
shall place the child in conflict with the law under his parents, or in the event that the parents will
suspended sentence, without need of application: not comply with the prevention program, the
Provided, however, That suspension of sentence shall proper petition for involuntary commitment
still be applied even if the juvenile is already shall be filed by the DSWD or the Local Social
eighteen years (18) of age or more at the time of the Welfare and Development Office pursuant to
pronouncement of his/her guilt. Presidential Decree No. 603, otherwise ,known
Upon suspension of sentence and after considering as "The Child and Youth Welfare Code".
the various circumstances of the child, the court shall
impose the appropriate disposition measures as (f) Status offenses under Sec. 57 of RA 9344
provided in the Supreme Court Rule on Juveniles in
Conflict with the Law. (Sec. 38) Sec. 57. Status Offenses. - Any conduct not
considered an offense or not penalized if committed
Discharge of the Child in Conflict with the Law - Upon by an adult shall not be considered an offense and
the recommendation of the social worker who has shall not be punished if committed by a child
custody of the child, the court shall dismiss the case
against the child whose sentence has been (g) Offenses not applicable to children under Sec. 58
suspended and against whom disposition measures of RA 9344
have been issued, and shall order the final discharge
of the child if it finds that the objective of the Persons below eighteen (18) years of age shall be
disposition measures have been fulfilled. exempt from prosecution for the crime of:
(1) vagrancy and prostitution under Section 202 of
The discharge of the child in conflict with the law the Revised Penal Code,
shall not affect the civil liability resulting from the (2) mendicancy under Presidential Decree No. 1563,
commission of the offense, which shall be enforced and
in accordance with law. (Sec. 39) (3) sniffing of rugby under Presidential Decree No.
1619,
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(b) Provided, that said persons shall undergo A threat of future injury is not enough. The
appropriate counseling and treatment program. compulsion must be of such a character as to
leave no opportunity to the accused for escape
Basis: Complete absence or lack of intelligence. or self-defense in equal combat.
Accident - something that happens outside the sway Irresistible Force Uncontrollable Fear
of our will and, although coming about through
some act of our will, lies beyond the bounds of Irresistible force must Uncontrollable fear may
humanly foreseeable consequences. operate directly upon the be generated by a
person of the accused and threatened act directly to
Under Article 12, paragraph 4, the offender is exempt the injury feared may be a a third person such as the
not only from criminal but also from civil liability. lesser degree than the wife of the accused, but
damage caused by the the evil feared must be
Elements: accused. greater or at least equal
(1) A person is performing a lawful act; to the damage caused to
(2) With due care; avoid it.
(3) He causes an injury to another by mere accident;
Offender uses physical Offender employs
(4) Without fault or intention of causing it.
force or violence to intimidation or threat in
compel another person to compelling another to
Basis: Lack of negligence and intent.
commit a crime. commit a crime.
Par. 5. Irresistible Force
Par. 7. Insuperable or Lawful Causes
Elements:
(1) That the compulsion is by means of physical Insuperable means insurmountable. A cause which
force; has lawfully, morally or physically prevented a
(2) That the physical force must be irresistible; person to do what the law commands.
(3) That the physical force must come from a third
person. Elements:
(1) That an act is required by law to be done;
Note: Before a force can be considered to be an (2) That a person fails to perform such act;
irresistible one, it must produce such an effect on the (3) That his failure to perform such act was due to
individual that, in spite of all resistance, it reduces some lawful or insuperable cause
him to a mere instrument and, as such, incapable of
committing the crime. (Aquino, Revised Penal Code) Basis: Lack of intent.
To be exempt from criminal liability, a person People v. Bandian (1936):A woman cannot be held
invoking irresistible force must show that the force liable for infanticide when she left her newborn child
exerted was such that it reduced him to a mere in the bushes without being aware that she had
instrument who acted not only without will but given birth at all. Severe dizziness and extreme
against his will. [People v. Lising (1998)] debility made it physically impossible for Bandian to
take home the child plus the assertion that she didn’t
Basis: Complete absence of freedom. know that she had given birth.
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(a) The circumstances under Article 13 are generally Par. 1 of Art. 13 is applicable only when
ordinary mitigating. However, paragraph 1, is (1) unlawful aggression is present
treated as a privileged mitigating circumstance (2) but one or both of the other 2 requisites are not
if majority of the requisites concurred, otherwise, present in any of the cases referred to in
it will be treated as an ordinary mitigating circumstances number 1, 2 and 3 or Art. 11.
circumstance. (Reyes, citing Art. 69).
(b) Correlate Article 13 with Articles 63 and 64. Note: When two of the three requisites mentioned
Article 13 is meaningless without knowing the therein are present, the case must be considered as a
rules of imposing penalties under Articles 63 privileged mitigating circumstance referred to in Art.
and 64. 69 of this Code. (Article 69 requires that a majority of
the conditions required must be present.)
TIP: In bar problems, when you are given
indeterminate sentences, these articles are very (b) Incomplete justifying circumstance of avoidance
important. of greater evil or injury
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(2) That the injury caused or offense committed be (i) An offender over 9 but under 15 of age who
the necessary consequence of the due acted with discernment.
performance of such duty or the lawful exercise (ii) An offender fifteen or over but under 18
of such right or office. years of age.
(iii) An offender over 70 years old
People v. Oanis (1943): The SC considered one of the
2 requisites as constituting the majority. It seems
that there is no ordinary mitigating circumstance Legal effects of various ages of offenders:
under Art. 13 par. 1 when the justifying or exempting (1) 15 and below - Exempting
circumstance has 2 requisites only. (2) Above 15 but under 18 years of age, also an
Where only one of the requisites was present, Article exempting circumstance, unless he acted with
69 was applied. discernment (Art. 12, par. 3 as amended by RA
9344).
INCOMPLETE EXEMPTING CIRCUMSTANCES:
(3) Minor delinquent under 18 years of age, the
(a) Incomplete exempting circumstance of Accident sentence may be suspended. (Art. 192, PD No.
603 as amended by PD 1179)
Requisites under par. 4 of Art. 12: (4) 18 years or over, full criminal responsibility.
(1) A person is performing a lawful act (5) 70 years or over – mitigating, no imposition of
(2) With due care death penalty; if already imposed. Execution of
(3) He causes an injury to another by mere accident death penalty is suspended and commuted.
(4) Without fault or intention of causing it
Basis: Diminution of intelligence
There is NO SUCH MITIGATING CIRCUMSTANCE
because: Par. 3. No intention to commit so grave a wrong
nd st th
(1) If the 2 requisite and 1 part of the 4 requisite (Praeter Intentionem)
are absent, the case will fall under Art. 365
which punishes reckless imprudence. There must be a notable disproportion between the
st nd th
(2) If the 1 requisite and 2 part of the 4 requisite means employed by the offender and the resulting
are absent, it will be an intentional felony (Art. 4, harm.
par. 1).
(1) The intention, as an internal act, is judged
(b) Incomplete exempting circumstance of (a) not only by the proportion of the means
uncontrollable fear. employed by him to the evil produced by his
act,
Requisites under par. 6 of Art. 12: (b) but also by the fact that the blow was or
(1) That the threat which caused the fear was of an was not aimed at a vital part of the body;
evil greater than, or at least equal to, that which (c) this includes: the weapon used, the injury
he was required to commit; inflicted and his attitude of the mind when
(2) That it promised an evil of such gravity and the accused attacked the deceased.
imminence that an ordinary person would have (2) The lack of intention to commit so grave a wrong
succumbed to it. can also be inferred from the subsequent acts of
the accused immediately after committing the
Note: If only one of these requisites is present, there offense, such as when the accused helped his
is only a mitigating circumstance. victim to secure medical treatment.
(3) This circumstance does not apply when the
Par. 2. Under 18 or Over 70 Years of Age crime results from criminal negligence or culpa.
(4) Only applicable to offense resulting in death,
(a) In lowering the penalty: physical injuries, or material harm (including
Based on age of the offender at the time of the property damage). It is not applicable to
commission of the crime not the age when sentence defamation or slander.
is imposed (5) This mitigating circumstance is not applicable
when the offender employed brute force.
(b) In suspension of the sentence: (6) Lack of intent to commit so grave a wrong is not
Based on age of the offender (under 18) at the time appreciated where the offense committed is
the sentence is to be promulgated (See Art. 80, RPC) characterized by treachery.
(7) When the victim does not die as a result of the
(c) Par. 2 contemplates the ff: assault in cases of crimes against persons, the
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absence of the intent to kill reduces the felony to not be any interval in time. Reason: When there
mere physical injuries, but it does not constitute is an interval of time between the provocation
a mitigating circumstance under Art. 13(3). and the commission of the crime, the
perpetrator has time to regain his reason.
People v. Calleto (2002):The lack of "intent" to
commit a wrong so grave is an internal state. It is Sufficient provocation as a
Provocation as a
weighed based on the weapon used, the part of the requisite of incomplete
mitigating circumstance
body injured, the injury inflicted and the manner it is self-defense
inflicted. The fact that the accused used a 9-inch It pertains to its absence It pertains to its presence
hunting knife in attacking the victim from behind, on the part of the person on the part of the
without giving him an opportunity to defend himself, defending himself. offended party.
clearly shows that he intended to do what he (People v. CA, G.R. No.
actually did, and he must be held responsible 103613, 2001)
therefor, without the benefit of this mitigating
circumstance. TIP: The common set-up given in a bar problem is
that of provocation given by somebody against
People v. Ural (1974): The intention, as an internal act, whom the person provoked cannot retaliate; thus the
is judged not only by the proportion of the means person provoked retaliated on a younger brother or
employed by him to the evil produced by his act, but on the father. Although in fact, there is sufficient
also by the fact that the blow was or was not aimed provocation, it is not mitigating because the one who
at a vital part of the body. Thus, it may be deduced gave the provocation is not the one against whom
from the proven facts that the accused had no intent the crime was committed.
to kill the victim, his design being only to maltreat
him, such that when he realized the fearful You have to look at two criteria:
consequences of his felonious act, he allowed the (1) If from the element of time,
victim to secure medical treatment at the municipal (a) there is a material lapse of time stated in
dispensary. the problem and
(b) there is nothing stated in the problem that
Basis: Diminution of intent. the effect of the threat of provocation had
prolonged and affected the offender at the
Par. 4. Sufficient Provocation or Threat time he committed the crime
(c) then you use the criterion based on the time
Elements: element.
(1) That the provocation must be sufficient (2) If there is that time element and at the same
(2) That it must originate from the offended party time,
(3) That the provocation must be immediate to the (a) facts are given indicating that at the time
act, i.e., to the commission of the crime by the the offender committed the crime, he is still
person who is provoked suffering from outrage of the threat or
provocation done to him
Provocation - Any unjust or improper conduct or act (b) then he will still get the benefit of this
of the offended part capable of exciting, inciting, or mitigating circumstance.
irritating anyone.
Basis: Diminution of intelligence and intent.
Provocation in order to be mitigating must be
SUFFICIENT and IMMEDIATELY preceding the act. Romera v. People (2004): Provocation and passion or
(People v. Pagal) obfuscation are not 2 separate mitigating
(1) “Sufficient” means adequate to excite a person circumstances. It is well-settled that if these 2
to commit a wrong and must accordingly be circumstances are based on the same facts, they
proportionate to its gravity. (People v. Nabora). should be treated together as one mitigating
(2) Sufficiency depends upon: circumstance. It is clear that both circumstances
(a) the act constituting provocation arose from the same set of facts. Hence, they should
(b) the social standing of the person provoked not be treated as two separate mitigating
(c) the place and time when the provocation is circumstances.
made.
(3) Between the provocation by the offended party Par. 5. Immediate Vindication of a Grave Offense
and the commission of the crime, there should
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(b) Merely requesting a policeman to accompany The extrajudicial confession made by the
the accused to the police headquarters is not accused is not voluntary confession because it
voluntary surrender. (People v. Flores) was made outside the court. (People v. Pardo)
Effect of Arrest (3) That the confession of guilt was made prior to
General rule: Not mitigating when defendant was in the presentation of evidence for the prosecution.
fact arrested. (People v. Conwi) (a) The change of plea should be made at the
first opportunity when his arraignment was
Exceptions: first set.
(1) But where a person, after committing the (b) A conditional plea of guilty is not mitigating.
offense and having opportunity to escape, (c) Plea of guilt on appeal is not mitigating.
voluntarily waited for the agents of the (d) Withdrawal of plea of not guilty before
authorities and voluntarily gave up, he is entitled presentation of evidence by prosecution is
to the benefit of the circumstance, even if he was still mitigating. All that the law requires is
placed under arrest by a policeman then and voluntary plea of guilty prior to the
there. (People v. Parana) presentation of the evidence by the
(2) Where the arrest of the offender was after his prosecution.
voluntary surrender or after his doing an act (e) A plea of guilty on an amended information
amounting to a voluntary surrender to the agent will be considered as an attenuating
of a person in authority. (People v. Babiera; circumstance if no evidence was presented
People v. Parana) in connection with the charges made
therein. (People v. Ortiz)
PERSON IN AUTHORITY AND HIS AGENT
Person in authority – is one directly vested with Basis: Lesser perversity of the offender.
jurisdiction, that is, a public officer who has the
power to govern and execute the laws whether as an PLEA TO A LESSER OFFENSE
individual or as a member of some court or Rule 116, sec. 2, ROC – At arraignment, the accused,
governmental corporation, board or commission. A with the consent of the offended party and
barrio captain and a barangay chairman are also prosecutor, may be allowed by the trial court to
persons in authority. (Art. 152, RPC, as amended by plead guilty to a lesser offense which is necessarily
PD No. 299). included in the offense charged. After arraignment
but before trial, the accused may still be allowed to
Agent of a person in authority – is a person, who, by plead guilty to said lesser offense after withdrawing
direct provision of law, or by election or by his plea of not guilty. No amendment of the
competent authority, is charged with the complaint or information is necessary.
maintenance of public order and the protection and
security of life and property and any person who
comes to the aid of persons in authority. (Art. 152, as People v. Dawaton (2002):Information for murder
amended by RA 1978). was filed against Dawaton. When first arraigned he
pleaded not guilty, but during the pre-trial he offered
Time of Surrender - the RPC does not distinguish to plead guilty to the lesser offense of homicide but
among the various moments when the surrender was rejected by the prosecution. The trial court
may occur. (Reyes, Revised Penal Code). The fact that sentenced him to death. He avers that he is entitled
a warrant of arrest had already been issued is no bar to the mitigating circumstance of plea of guilty.
to the consideration of that circumstance because
the law does not require that the surrender be prior Held: While the accused offered to plead guilty to the
the arrest. (People v. Yecla and Cahilig).What is lesser offense of homicide, he was charged with
important is that the surrender be spontaneous. murder for which he had already entered a plea of
not guilty. We have ruled that an offer to enter a plea
PLEA OF GUILT of guilty to a lesser offense cannot be considered as
Requisites: an attenuating circumstance under the provisions of
(1) That the offender spontaneously confessed his Art. 13 of RPC because to be voluntary the plea of
guilt. guilty must be to the offense charged.
(2) That the confession of guilt was made in open
court, that is, before the competent court that is Also, Sec. 2, Rule 116, of the Revised Rules of
to try the case; and Criminal Procedure requires the consent of the
offended party and the prosecutor before an accused
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may be allowed to plead guilty to a lesser offense People v. Javier (1999): Javier was married to the
necessarily included in the offense charged. The deceased for 41 years. He killed the deceased and
prosecution rejected the offer of the accused. then stabbed himself in the abdomen. Javier was
found guilty of parricide. In his appeal, he claims that
Par. 8. Physical Defects he killed his wife because he was suffering from
insomnia for a month and at the time of the killing,
(a) This paragraph does not distinguish between his mind went totally blank and he did not know
educated and uneducated deaf-mute or blind what he was doing. He also claims that he was
persons. insane then.
(b) Physical defect referred to in this paragraph is
such as being armless, cripple, or a stutterer, Held: No sufficient evidence or medical finding was
whereby his means to act, defend himself or offered to support his claim. The court also took note
communicate with his fellow beings are limited. of the fact that the defense, during the trial, never
(c) The physical defect that a person may have alleged the mitigating circumstance of illness. The
must have a relation to the commission of the alleged mitigating circumstance was a mere
crime. afterthought to lessen the criminal liability of the
(d) Where the offender is deaf and dumb, personal accused.
property was entrusted to him and he
misappropriated the same. The crime Par. 10. Analogous Mitigating Circumstances
committed was estafa. The fact that he was deaf
and dumb is not mitigating since that does not Any other circumstance of similar nature and
bear any relation to the crime committed. analogous to the nine mitigating circumstances
(e) If a person is deaf and dumb and he has been enumerated in art. 513 may be mitigating.
slandered, he cannot talk so what he did was he (1) The act of the offender of leading the law
got a piece of wood and struck the fellow on the enforcers to the place where he buried the
head. The crime committed was physical instrument of the crime has been considered as
injuries. The Supreme Court held that being a equivalent to voluntary surrender.
deaf and dumb is mitigating because the only (2) Stealing by a person who is driven to do so out
way is to use his force because he cannot strike of extreme poverty is considered as analogous to
back in any other way. incomplete state of necessity.
(3) Over 60 years old with failing sight, similar to
Basis: Diminution of freedom of action, therefore over 70 years of age mentioned in par. 2. (People
diminution of voluntariness. v. Reantillo).
(4) Voluntary restitution of stolen goods similar to
Par. 9. Illness voluntary surrender (People v. Luntao).
(5) Impulse of jealous feelings, similar to passion
Elements: and obfuscation. (People v. Libria).
(1) That the illness of the offender must diminish (6) Extreme poverty and necessity, similar to
the exercise of his will-power incomplete justification based on state of
(2) That such illness should not deprive the offender necessity. (People v. Macbul).
of consciousness of his acts. (7) Testifying for the prosecution, without previous
discharge, analogous to a plea of guilty. (People
(a) When the offender completely lost the exercise v. Narvasca).
of will-power,it may be an exempting
circumstance. Canta v. People:Canta stole a cow but alleges that he
(b) It is said that this paragraph refers only to mistook the cow for his missing cow. He made a calf
diseases of pathological state that trouble the suckle the cow he found and when it did, Canta
conscience or will. thought that the cow he found was really his.
(c) A mother who, under the influence of a However, he falsified a document describing the said
puerperal fever, killed her child the day following cow’s cowlicks and markings. After getting caught,
her delivery. he surrendered the cow to the custody of the
authorities in the municipal hall.
Basis: Diminution of intelligence and intent.
Held: Canta’s act of voluntarily taking the cow to the
municipal hall to place it in the custody of authorities
(to save them the time and effort of having to recover
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(3) from any personal cause, shall only serve to (a) commits a common crime independent of
aggravate the liability of the principals, his official functions and
accomplices, accessories as to whom such (b) does acts that are not connected with the
circumstances are attendant. (Art. 62, par. 3). duties of his office,
(c) he should be punished as a private
Aggravating circumstances which depend for their individual without this aggravating
application upon the knowledge of offenders. circumstance.
The circumstances which consist (1) in the material (5) Even if defendant did not abuse his office, if it is
execution of the act, or (2) in the means employed to proven that he has failed in his duties as such
accomplish it, shall serve to aggravate the liability of public officer, this circumstance would warrant
those persons only who had knowledge of them at the aggravation of his penalty. Thus, the fact that
the time of the execution of the act or their the vice-mayor of a town joined a band of
cooperation therein. (Art. 62, par. 4). brigands made his liability greater. (U.S. v.
Cagayan).
GENERIC (6) The circumstance cannot be taken into
21 Aggravating Circumstances under Art. 14: consideration in offenses where taking
(1) Taking Advantage of Public Office advantage of official position is made by law an
(2) In Contempt of or With Insult to Public integral element of the crime such as in
Authorities malversation (Art. 217) or falsification of public
(3) With Insult or Lack of Regard Due to Offended documents under Art. 171.
Party by Reason of Rank, Age or Sex (7) Taking advantage of public position is also
(4) Abuse Of Confidence And Obvious inherent in the following cases:
Ungratefulness (a) Accessories under Art. 19, par. 3 (harboring,
(5) Crime In Palace Or In Presence Of The Chief concealing or assisting in the escape of the
Executive principal of the crime); and
(6) Nighttime; Uninhabited Place; With A Band (b) Title VII of Book Two of the RPC (Crimes
(7) On Occasion Of A Calamity committed by public officers).
(8) Aid Of Armed Men Or Means To Ensure
Impunity Basis: Greater perversity of the offender as shown.
(9) Recidivism
(10) Reiteration or Habituality Par. 2. That the crime be committed in contempt of or
(11) Price, Reward Or Promise with insult to the public authorities
(12) Inundation, Fire, Poison
(13) Evident Premeditation Requisites:
(14) Craft, Fraud Or Disguise (1) That the public authority is engaged in the
(15) Superior Strength Or Means To Weaken exercise of his functions.
Defense (2) That he who is thus engaged in the exercise of
(16) Treachery his functions is not the person against whom the
(17) Ignominy crime is committed.
(18) Unlawful Entry (3) The offender knows him to be a public authority.
(19) Breaking Wall, Floor, Roof (4) His presence has not prevented the offender
(20) With Aid Of Persons Under 15 By Motor Vehicle from committing the criminal act.
(21) Cruelty
Par. 1.That advantage be taken by the offender of his Public Authority / Person in Authority – is a person
public position directly vested with jurisdiction, that is, a public
officer who has the power to govern and execute the
(1) This is applicable only if the offender is a public laws. The councilor, mayor, governor, barangay
officer. captain, barangay chairman etc. are persons in
(2) The public officer must: authority. (Art. 152, as amended by P.D. 1232)
(a) Use the influence, prestige or ascendancy (a) A school teacher, town municipal health officer,
which his office gives him agent of the BIR, chief of police, etc. are now
(b) As means by which he realizes his purpose. considered a person in authority.
(3) The essence of the matter is presented in the (b) Par. 2 is not applicable if committed in the
inquiry, “did the accused abuse his office in order presence of an agent only such as a police
to commit the crime?”(U.S. v. Rodriguez) officer.
(4) When a public officer
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Agent - A subordinate public officer charged with the May refer to old age or tender age of the victim.
maintenance of public order and the protection and
security of life and property, such as barrio (c) Sex of the offended party
policemen, councilmen, and any person who comes (1) This refers to the female sex, not to the male
to the aid of persons in authority.(Art. 152, as sex.
amended by BP 873). (2) The aggravating circumstance is NOT to be
considered in the following cases:
Knowledge that a public authority is present is (a) When the offender acted with passion
essential. and obfuscation. (People v. Ibanez)
(a) Lack of such knowledge indicates lack of (b) When there exists a relationship
intention to insult public authority. between the offended party and the
(b) If crime is committed against the public offender. (People v. Valencia)
authority while in the performance of his duty, (c) When the condition of being a woman is
the offender commits direct assault without this indispensable in the commission of the
aggravating circumstance. crime. Thus, in rape, abduction, or
seduction, sex is not aggravating.
Basis: Greater perversity of the offender as shown by (People v. Lopez)
his lack of respect for the public authorities.
(d) Dwelling (Morada)
People v. Rodil (1981):There is the aggravating (1) Building or structure, exclusively used for rest
circumstance that the crime was committed in and comfort.Thus, in the case of People v.
contempt of or with insult to public authorities when Magnaye, a “combination of a house and a
the chief of police was present when the incident store”, or a market stall where the victim
occurred. The chief of police should be considered a slept is not a dwelling.
public authority because he is vested with authority (2) This is considered an AC because in certain
to maintain peace and order over the entire cases, there is an abuse of confidence which
municipality the offended party reposed in the offender
by opening the door to him.
Par. 3. That the act be committed with insult or in (3) Dwelling need not be owned by the
disregard of the respect due the offended party on offended party.
account of his rank, age, or sex, or that is be (4) It is enough that he used the place for his
committed in the dwelling of the offended party, if the peace of mind, rest, comfort and privacy.
latter has not given provocation. (5) Dwelling should not be understood in the
concept of a domicile: A person has more
(a) Four circumstances are enumerated in this than one dwelling. So, if a man has so many
paragraph, which can be considered singly or wives and he gave them places of their own,
together. each one is his own dwelling. If he is killed
(b) If all the 4 circumstances are present, they have there, dwelling will be aggravating,
the weight of one aggravating circumstance provided that he also stays there once in a
only. while.
(c) There must be evidence that in the commission (6) If a crime of adultery was committed.
of the crime, the accused deliberately intended Dwelling was considered aggravating on
to offend or insult the sex or age of the offended the part of the paramour. However, if the
party. (People v. Mangsat) paramour was also residing in the same
(d) Disregard of rank, age or sex may be taken into dwelling, it will not be aggravating.
account only in crimes against persons or honor. (7) The offended party must not give
(People v. Pugal; People vs. Ga) provocation. (People v. Ambis).
(8) When a crime is committed in the dwelling
(a) Rank of the offended party of the offended party and the latter has not
(1) Designation or title used to fix the relative given provocation, dwelling may be
position of the offended party in reference to appreciated as an aggravating
others. circumstance. Provocation in the
(2) There must be a difference in the social aggravating circumstance of dwelling must
condition of the offender and the offended be:
party. (a) given by the offended party
(b) sufficient, and
(b) Age of the offended party
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(c) immediate to the commission of the robbery can be committed without the necessity
crime.(People v. Rios, 2000) of trespassing the sanctity of the offended
(9) It is not necessary that the accused should party’s house. (People v. Cabato)
have actually entered the dwelling of the (3) In the crime of trespass to dwelling, it is inherent
victim to commit the offense: it is enough or included by law in defining the crime.
that the victim was attacked inside his own (4) When the owner of the dwelling gave sufficient
house, although the assailant may have and immediate provocation. (Art. 14 par. 3)
devised means to perpetrate the assault.
(People v. Ompaid, 1969) Par. 4.That the act be committed with abuse of
(10) Dwelling includes dependencies, the foot of confidence or obvious ungratefulness
the staircase and the enclosure under the
house. (U.S. v. Tapan) Par. 4 provides two aggravating circumstances. If
present in the same case, they must be
Basis: Greater perversity of the offender as shown by independently appreciated.
the personal circumstances of the offended party and
the place of the commission of the crime. (a) Abuse of confidence (Abuso de confianza)
(1) That the offended party had trusted the
People vs. Taoan: Teachers, professors, supervisors of offender.
public and duly recognized private schools, colleges (2) That the offender abused such trust by
and universities, as well as lawyers are persons in committing a crime against the offended
authority for purposes of direct assault and simple party.
resistance, but not for purposes of aggravating (3) That the abuse of confidence facilitated the
circumstances in paragraph 2, Article 14. commission of the crime.
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might thereby be better secured against The rationale for this AC is the debased form of
detection and punishment. (U.S. v. Vitug). criminality of one who, in the midst of a great
calamity, instead of lending aid to the afflicted, adds
(c) Band (Cuadrilla) to their suffering by taking advantage of their
Band - Whenever more than three armed misfortune and despoiling them.
malefactors shall have acted together in the (a) The offender must take advantage of the
commission of an offense, it shall be deemed to have calamity or misfortune.
been committed by a band. (b) “OR OTHER CALAMITY OR MISFORTUNE” –
refers to other conditions of distress similar to
There should “conflagration, shipwreck, earthquake or
(1) Beat least be four persons epidemic.”
(2) At least 4 of them should be armed
(3) and are principals by direct participation. Basis: To the time of the commission of the crime.
(a) This aggravating circumstance is absorbed in Par. 8. That the crime be committed with the aid of
the circumstance of abuse of superior strength. armed men, or persons who insure or afford impunity
(b) This is inherent in brigandage.
(c) The armed men must have acted together in the Requisites:
commission of the crime. (1) That the armed men or persons took indirectly
part in the commission of the crime,
Basis: On the time and place of the commission of (2) That the accused availed himself of their aid or
the crime and means and ways employed. relied upon them when the crime was
committed.
People v. Librando (2000):In this case the trial court
considered nighttime and uninhabited place as just Not applicable -
one aggravating circumstance. (a) When both the attacking party and the party
attacked were equally armed.
Held: The court did not err in considering nighttime (b) When the accused as well as those who
and uninhabited place as just one aggravating cooperated with him in the commission of the
circumstance. The court cited the case of People vs. crime acted under the same plan and for the
Santos where it has been held that if the aggravating same purpose.
circumstances of nighttime, uninhabited place or (c) Casual presence, or when the offender did not
band concur in the commission of the crime, all will avail himself of their aid nor knowingly count
constitute one aggravating circumstance only as a upon their assistance in the commission of the
general rule although they can be considered crime.
separately if their elements are distinctly perceived
and can subsist independently, revealing a greater Par. 6 Par. 8
degree of perversity. By a band With aid of armed me
Requires more than 3 At least two armed men
People v. Bermas (1999):By and of itself, nighttime is armed malefactors
not an aggravating circumstance; it becomes so only Requires that more than This circumstance is
when: three armed malefactors present even if one of the
1) it is specially sought by the offender; or shall have acted together offenders merely relied on
2) it was taken advantage of by him; or in the commission of an their aid, for actual aid is
3) it facilitates the commission of the crime by offense not necessary
insuring the offender’s immunity from capture.
Band members are all Armed men are mere
Also, if treachery is also present in the commission of principals accomplices
the crime, nighttime is absorbed in treachery and
cannot be appreciated as a generic aggravating Aid of armed men includes “armed women”. [People
circumstance. v. Licop]
Par. 7. That the crime be committed on the occasion Note: “Aid of armed men” is absorbed by
of a conflagration, shipwreck, earthquake, epidemic or “employment of a band”.
other calamity or misfortune
Basis: Means and ways of committing the crime.
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(3) That he is convicted of the new offense. Art. 62, Par. 5 Habitual
Art. 14, Par. 9 Recidivism
Delinquency
In Reiteracion or Habituality, it is essential that the
offender be previously punished; that is, he has release therefrom to the
served sentence. third conviction and so on
Habitual delinquency is a
Par. 10 speaks of special aggravating
It is a generic aggravating
(a) penalty attached to the offense, circumstance, hence it
circumstance which can
(b) not the penalty actually imposed cannot be offset by any
be offset by an ordinary
mitigating circumstance.
mitigating circumstance.
Basis: Greater perversity of the offender as shown by Aside from the penalty
his inclination to crimes. prescribed by law for the
If not offset, it would only
crime committed, an
increase the penalty
Par. 9 Recidivism Par. 10 Reiteracion additional penalty shall
prescribed by law for the
be imposed depending
crime committed to its
It is enough that a final It is necessary that the upon whether it is already
maximum period
judgment has been offender shall have served the third conviction, the
rendered in the first out his sentence for the fourth, the fifth and so on
offense. first offense.
The previous and Since reiteracion provides that the accused has duly
Requires that the offenses served the sentence for previous conviction/s, or is
subsequent offenses must
be included in the same legally considered to have done so, quasi-recidivism
not be embraced in the
title of the Code cannot at the same time constitute reiteracion, hence
same title of the Code
the latter cannot apply to a quasi-recidivist.
Always to be taken into
consideration in fixing the Not always an If the same set of facts constitutes recidivism and
penalty to be imposed aggravating circumstance reiteracion, the liability of the accused should be
upon the accused aggravated by recidivism which can be easily proven.
Rationale is the proven Rationale is the proven
tendency to commit a resistance to Par. 11. That the crime be committed in consideration
similar offense rehabilitation of a price, reward, or promise
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(b) That the same were actually delivered, (a) an opportunity to coolly and serenely think and
it being sufficient that the offer made by the deliberate
principal by inducement was accepted by the (1) on the meaning and
principal by direct participation before the (2) consequences of what he planned to do,
commission of the offense. (b) an interval long enough for his conscience and
better judgment to overcome his evil desire and
Basis: Greater perversity of the offender, as shown by scheme. (People v. Durante)
the motivating power itself. (c) The premeditation must be based upon external
facts, and must be evident, not merely
Par. 12. That the crime be committed by means of suspected indicating deliberate planning.
inundation, fire, poison, explosion, stranding of a (d) The date and time when the offender
vessel or international damage thereto, derailment of determined to commit the crime is essential,
a locomotive, or by the use of any other artifice because the lapse of time for the purpose of the
involving great waste and ruin third requisite is computed from that date and
time.
(a) Unless used by the offender as a means to (e) After the offenders had determined to clung
accomplish a criminal purpose, any of the commit the crime, there must be a manifest
circumstances in paragraph 12 cannot be indication that they clung to their determination.
considered to increase the penalty or to change (f) Where conspiracy is directly established, with
the nature of the offense. proof of the attendant deliberation and selection
(b) When another AC already qualifies the crime, of the method, time and means of executing the
any of these AC’s shall be considered as generic crime, the existence of evident premeditation
aggravating circumstance only. can be taken for granted. (U.S. v. Cornejo)
(c) Fire is not aggravating in the crime of arson. (g) Evident premeditation is inherent in robbery,
(d) Whenever a killing is done with the use of fire, as adultery, estafa, and falsification.
when you kill someone, you burn down his house However, it may be aggravating in robbery with
while the latter is inside, this is murder. homicide if the premeditation included the
(e) There is no such crime as murder with arson or killing of the victim. (People v. Valeriano)
arson with homicide. The crime is only murder. (h) In order that premeditation may exist, it is not
(f) If the intent is to destroy property - the crime is necessary that the accused premeditated the
arson even if someone dies as a consequence. killing of a particular individual. If the offender
(g) If the intent is to kill - there is murder even if the premeditated on the killing of any person
house is burned in the process. (general attack), it is proper to consider against
the offender the aggravating circumstance of
Basis: Means and ways employed. evident premeditation, because whoever is killed
by him is contemplated in the premeditation.
[US v. Manalinde, 1909]
Par. 13. That the act be committed with evident
premeditation Basis: Reference to the ways of committing the crime
because evident premeditation implies a deliberate
Requisites: planning of the act before executing it.
(1) The time when the offender determined to
commit the crime; People v. Salpigao:Evident premeditation is
(2) An act manifestly indicating that the culprit has presumed to exist when conspiracy is directly
clung to his determination; and established. When conspiracy is merely implied,
(3) A sufficient lapse of time between the evident premeditation cannot be presumed, the
determination and execution, to allow him to latter must be proved just like any other fact.
reflect upon the consequences of his act and to
allow is conscience to overcome the resolution
of his will.
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Par. 15. That advantage be taken of superior strength, People v. Lobrigas (2002):The crime committed was
or means be employed to weaken the defense murder qualified by the aggravating circumstance of
abuse of superior strength. To appreciate abuse of
To TAKE ADVANTAGE of superior strength means superior strength, there must be a deliberate intent
(a) to use purposely excessive force on the part of the malefactors to take advantage of
(b) out of proportion to the means of defense their greater number. They must have notoriously
available to the person attacked. selected and made use of superior strength in the
commission of the crime. To take advantage of
Superiority may arise from superior strength is to use excessive force that is out
(a) aggressor’s sex, build, weapon or number of proportion to the means for self-defense available
(b) as compared to that of the victim (e.g. accused to the person attacked; thus, the prosecution must
attacked an unarmed girl with a knife; 3 men clearly show the offenders' deliberate intent to do so.
stabbed to death the female victim).
No advantage of superior strength when People v. Barcelon (2002): Abuse of superior strength
(a) one who attacks is overcome with passion and was present in the commission of the crime. The
obfuscation or court cited the case of People vs. Ocumen, where an
(b) when quarrel arose unexpectedly and the fatal attack by a man with a deadly weapon upon an
blow was struck while victim and accused were unarmed woman constitutes the circumstance of
struggling. abuse of that superiority which his sex and the
weapon used in the act afforded him, and from
Versus by a band: which the woman was unable to defend herself.
In the circumstance of abuse of superior strength, The disparity in age between the assailant and the
what is taken into account is victim, aged 29 and 69, respectively, indicates
(a) not the number of aggressors nor the fact that physical superiority on appellant's part over the
they are armed deceased. It did not matter that appellant was "dark"
(b) but their relative physical might vis-à-vis the with a "slim body build" or "medyo mataba." What
offended party mattered was that the malefactor was male and
armed with a lethal weapon that he used to slay the
Means Employed to Weaken Defense victim.
This circumstance is applicable only
(a) to crimes against persons and People v. Sansaet (2002):Mere superiority in number,
(b) sometimes against person and property, such as even assuming it to be a fact, would not necessarily
robbery with physical injuries or homicide. indicate the attendance of abuse of superior
strength. The prosecution should still prove that the
Note: The means used must not totally eliminate assailants purposely used excessive force out of
possible defense of the victim, otherwise it will fall proportion to the means of defense available to the
under treachery persons attacked.
Basis: Means employed in the commission of the Finally, to appreciate the qualifying circumstance of
crime. abuse of superior strength, what should be
considered is whether the aggressors took
People v. Carpio:There must be evidence of notorious advantage of their combined strength in order to
inequality of forces between the offender and the consummate the offense. To take advantage of
offended party in their age, size and strength, and superior strength means to purposely use excessive
that the offender took advantage of such superior force out of proportion to the means available to the
strength in the commission of the crime. The mere person attacked to defend himself.
fact that there were two persons who attacked the
victim does not per se constitute abuse of superior Par. 16. That the act be committed with treachery
strength. (alevosia)
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The essence of treachery is that by virtue of the Basis: Means and ways employed in the commission
means, method or form employed by the offender, of the crime.
the offended party was not able to put up any
defense. People vs. Ilagan:Suddenness of the attack does not
(a) If the offended party was able to put up a by itself constitute treachery in the absence of
defense, even only a token one, there is no evidence that the manner of attack was consciously
treachery. adopted by the offender to render the victim
(b) Instead, some other aggravating circumstance defenceless.
may be present but it is no longer treachery.
(3) The mode of attack must be consciously People v. Rendaje (2000):To constitute treachery, two
adopted. conditions must concur: (1) the employment of
means, methods or manner of execution that would
The accused must make some preparation to kill ensure the offender's safety from any defense or
the deceased in such manner as to insure the retaliatory act on the part of the offended party; and
execution of the crime or to make it impossible (2) the offender's deliberate or conscious choice of
or hard for the person attacked to defend the means, method or manner of execution.
himself or retaliate. (People v. Tumaob)
It must be a result of meditation, calculation or
reflection. (U.S. v. Balagtas)
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People v. Dumadag (2004): As a general rule, a People v. Alfanta (1999):There was ignominy because
sudden attack by the assailant, whether frontally or the accused not only used missionary position but
from behind, is treachery if such mode of attack was also “the same position as dogs do.” He also inserted
deliberately adopted by him with the purpose of his finger inside her. Although the “dog position” is
depriving the victim of a chance to either fight or not novel and often been used by couples, there is
retreat. The rule does not apply if the attack was not ignominy if the sexual act is performed not by
preconceived but merely triggered by infuriation of consenting parties.
the appellant on an act made by the victim. In the
present case, it is apparent that the attack was not People v. Cachola (2004):For ignominy to be
preconceived. It was triggered by the appellant's appreciated, it is required that the offense be
anger because of the victim's refusal to have a drink committed in a manner that tends to make its effect
with the appellant and his companions. more humiliating, thus adding to the victim's moral
suffering. Where the victim was already dead when
Treachery absorbs: his body or a part thereof was dismembered,
(1) Abuse of superior strength (U.S. v. Estopia) ignominy cannot be taken against the accused. In
(2) Use of means to weaken the defense (People v. this case, the information states that Victorino's
Siatong) sexual organ was severed after he was shot and
(3) Aid of armed men (People v. Ferrera) there is no allegation that it was done to add
(4) Nighttime (People v. Kintuan) ignominy to the natural effects of the act. We cannot,
(5) Craft (People v. Malig) therefore, consider ignominy as an aggravating
(6) By a band (People v. Ampo-an) circumstance.
Par. 17. That means be employed or circumstances
brought about which add ignominy to the natural People v. Bumidang (2000): The aggravating
effects of the act circumstance of ignominy shall be taken into
account if means are employed or circumstances
(a) It is a circumstance pertaining to the moral brought about which add ignominy to the natural
order, which adds disgrace to the material injury effects of the offense; or if the crime was committed
caused by the crime. in a manner that tends to make its effects more
(b) The means employed or the circumstances humiliating to the victim, that is, add to her moral
brought about must tend to make the effects of suffering. It was established that Baliwang used the
the crime MORE HUMILIATING or TO PUT THE flashlight and examined the genital of Gloria before
OFFENDED PARTY TO SHAME. he ravished her. He committed his bestial deed in the
(c) Applicable to crimes against chastity, rape, less presence of Gloria's old father. These facts clearly
serious physical injuries, light or grave coercion show that Baliwang deliberately wanted to further
and murder. humiliate Gloria, thereby aggravating and
(d) Raping a woman from behind is ignominous compounding her moral sufferings. Ignominy was
because that is not the normal form of appreciated in a case where a woman was raped in
intercourse, it is something which offends the the presence of her betrothed, or of her husband, or
morals of the offended woman. This is how was made to exhibit to the rapists her complete
animals do it. nakedness before they raped her.
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Basis: Means and ways employed to commit the Basis: Means and ways employed to commit the
crime. crime.
Par. 19. That as a means to the commission of the Par. 21. That the wrong done in the commission of the
crime, a wall, roof, floor, door or window be broken crime be deliberately augmented by causing other
wrong not necessary for its commission
(a) To be considered as an AC, breaking the door
must be utilized as a means to the commission Requisites:
of the crime. (1) That the injury caused be deliberately increased
(b) It is only aggravating in cases where the by causing other wrong;
offender resorted to any of said means TO (2) That the other wrong be unnecessary for the
ENTER the house. execution of the purpose of the offender.
(c) If the wall, etc. is broken in order to get out of
the place, it is not aggravating. For it to exist, it must be shown that the accused
(d) Because of the phrase “as a means to the enjoyed and delighted in making his victim suffer.
commission of a crime”, it is not necessary that
the offender should have entered the building. If the victim was already dead when the acts of
What aggravates the liability of the offender is mutilation were being performed, this would also
the breaking of a part of the building as a means qualify the killing to murder due to outraging of his
to the commission of the crime. corpse.
Basis: Means and ways employed to commit the Basis: Ways employed to commit the crime.
crime.
Ignominy Cruelty
Par. 20. That the crime be committed with the aid of
persons under fifteen years of age or by means of shocks the moral
motor vehicles, motorized watercraft, airships, or physical
conscience of man
other similar means
refers to the moral effect
of a crime and it pertains refers to the physical
(a) With the aid of persons under 15 years of age
to the moral order, suffering of the victim so
(5) To repress, so far as possible, the frequent
whether or not the victim he has to be alive
practice resorted to by professional
is dead or alive
criminals of availing themselves of minors
taking advantage of their lack of criminal
responsibility (remember that minors are People v. Catian (2002): Catian repeatedly struck
given leniency when they commit a crime) Willy with a "chako" on the head, causing Willy to fall
on his knees. Calunod seconded by striking the
(b) By means of a motor vehicle victim with a piece of wood on the face. When Willy
To counteract the great facilities found by finally collapsed, Sumalpong picked him up, carried
modern criminals in said means to commit him over his shoulder, and carried Willy to a place
crime and flee and abscond once the same is where they burned Willy. The latter’s skeletal
committed. remains were discovered by a child who was
pasturing his cow near a peanut plantation.
This circumstance is aggravating only when
used in the commission of the offense. Held: The circumstance of cruelty may not be
considered as there is no showing that the victim was
If motor vehicles are used only in the escape of burned while he was still alive. For cruelty to exist
the offender, it is not aggravating. It must have there must be proof showing that the accused
been used to facilitate the commission of the delighted in making their victim suffer slowly and
crime to be aggravating. gradually, causing him unnecessary physical and
moral pain in the consummation of the criminal act.
“Or other similar means”– the expression should No proof was presented that would show that
be understood as referring to accused-appellants deliberately and wantonly
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augmented the suffering of their victim. (3) Tampering of firearm's serial number.
(4) Repacking or altering the composition of
lawfully manufactured explosives.
People v. Guerrero (2002): Appellant first severed the
victim's head before his penis was cut-off. This being
the sequence of events, cruelty has to be ruled out People vs. De Gracia (1994): Ownership is not an
for it connotes an act of deliberately and sadistically essential element of illegal possession of firearms
augmenting the wrong by causing another wrong and ammunition.
not necessary for its commission, or inhumanely
increasing the victim's suffering. As testified to by Dr. What the law requires is merely possession which
Sanglay, and reflected in her medical certificate, includes not only actual physical possession but also
Ernesto in fact died as a result of his head being constructive possession.
severed. No cruelty is to be appreciated where the
act constituting the alleged cruelty in the killing was Palaganas vs. Court of Appeals (2006): With the
perpetrated when the victim was already dead. passage of Republic Act. No. 8294 on 6 June 1997,
the use of an unlicensed firearm in murder homicide
QUALIFYING is now considered as a SPECIAL aggravating
circumstance and not a generic aggravating
DECREE CODIFYING THE LAWS ON ILLEGAL/ UNLAWFUL circumstance.
POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION
OR DISPOSITION, OF FIREARMS, AMMUNITION OR
People vs. Ladjaalam (2000):If an unlicensed firearm
EXPLOSIVES (P.D. 1866, AS AMENDED BY R.A. NO. 8294)
is used in the commission of any crime, there can be
AS AN AGGRAVATING CIRCUMSTANCE
no separate offense of simple illegal possession of
firearms.
Acts punished
(1) Unlawful manufacture, sale, acquisition, Hence, if the “other crime” is murder or homicide,
disposition or possession of firearms or illegal possession of firearms becomes merely an
ammunition or instruments used or intended to aggravating circumstance, not a separate offense.
be used in the manufacture of firearms or
ammunition… Since direct assault with multiple attempted
homicide was committed in this case, appellant can
Provided, That no other crime is committed. no longer be held liable for illegal possession of
(a) If homicide or murder is committed with the firearms.
use of an unlicensed firearm, such use of an
unlicensed firearm shall be considered as THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
an aggravating circumstance. (R.A. NO. 9165)
(b) If the violation of this section is in
furtherance of or incident to, or in As a qualifying aggravating circumstance
connection with the crime of rebellion or
insurrection, sedition, or attempted coup
d'etat, such violation shall be absorbed as an Section 25. Qualifying Aggravating Circumstances in
element of the crime of rebellion, or the Commission of a Crime by an Offender Under the
insurrection, sedition, or attempted coup Influence of Dangerous Drugs. – Notwithstanding the
d'etat. provisions of any law to the contrary, a positive
finding for the use of dangerous drugs shall be a
(2) Unlawful manufacture, sale, acquisition, qualifying aggravating circumstance in the
disposition or possession of explosives. commission of a crime by an offender, and the
(a) When a person commits any of the crimes application of the penalty provided for in the Revised
defined in the Revised Penal Code or special Penal Code shall be applicable.
laws
(b) with the use of the aforementioned Immunity from prosecution and punishment,
explosives, detonation agents or incendiary coverage
devices, which results in the death of any
person or persons, Sec. 33. Immunity from Prosecution and Punishment.
(c) the use of such explosives, detonation – Notwithstanding the provisions of Section 17, Rule
agents or incendiary devices shall be 119 of the Revised Rules of Criminal Procedure and
considered as an aggravating circumstance. the provisions of Republic Act No. 6981 or the
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Witness Protection, Security and Benefit Act of 1991, witness shall be subject to prosecution and the
any person who has violated Sections 7, 11, 12, 14, 15, enjoyment of all rights and benefits previously
and 19, Article II of this Act, who voluntarily gives accorded him under this Act or any other law, decree
information about any violation of Sections 4, 5, 6, 8, or order shall be deemed terminated.
10, 13, and 16, Article II of this Act as well as any
violation of the offenses mentioned if committed by a In case an informant or witness under this Act fails or
drug syndicate, or any information leading to the refuses to testify without just cause, and when
whereabouts, identities and arrest of all or any of the lawfully obliged to do so, or should he/she violate
members thereof; and who willingly testifies against any condition accompanying such immunity as
such persons as described above, shall be exempted provided above, his/her immunity shall be removed
from prosecution or punishment for the offense with and he/she shall likewise be subject to contempt
reference to which his/her information of testimony and/or criminal prosecution, as the case may be, and
were given, and may plead or prove the giving of the enjoyment of all rights and benefits previously
such information and testimony in bar of such accorded him under this Act or in any other law,
prosecution: Provided, That the following conditions decree or order shall be deemed terminated.
concur:
In case the informant or witness referred to under
(1) The information and testimony are necessary for this Act falls under the applicability of this Section
the conviction of the persons described above; hereof, such individual cannot avail of the provisions
under Article VIII of this Act.
(2) Such information and testimony are not yet in the
possession of the State; Minor offenders
(3) Such information and testimony can be Sec. 66. Suspension of Sentence of a First-Time Minor
corroborated on its material points; Offender. – An accused who is over fifteen (15) years
of age at the time of the commission of the offense
(4) the informant or witness has not been previously mentioned in Section 11 of this Act, but not more
convicted of a crime involving moral turpitude, than eighteen (18) years of age at the time when
except when there is no other direct evidence judgment should have been promulgated after
available for the State other than the information having been found guilty of said offense, may be
and testimony of said informant or witness; and given the benefits of a suspended sentence, subject
to the following conditions:
(5) The informant or witness shall strictly and
faithfully comply without delay, any condition or (a) He/she has not been previously convicted of
undertaking, reduced into writing, lawfully violating any provision of this Act, or of the
imposed by the State as further consideration for Dangerous Drugs Act of 1972, as amended; or of the
the grant of immunity from prosecution and Revised Penal Code; or of any special penal laws;
punishment. (b) He/she has not been previously committed to a
Center or to the care of a DOH-accredited physician;
Provided, further, That this immunity may be enjoyed and
by such informant or witness who does not appear to (c) The Board favorably recommends that his/her
be most guilty for the offense with reference to which sentence be suspended.
his/her information or testimony were given:
Provided, finally, That there is no direct evidence While under suspended sentence, he/she shall be
available for the State except for the information and under the supervision and rehabilitative surveillance
testimony of the said informant or witness. of the Board, under such conditions that the court
may impose for a period ranging from six (6) months
Sec. 34. Termination of the Grant of Immunity. – The to eighteen (18) months.
immunity granted to the informant or witness, as
prescribed in Section 33 of this Act, shall not attach Upon recommendation of the Board, the court may
should it turn out subsequently that the information commit the accused under suspended sentence to a
and/or testimony is false, malicious or made only for Center, or to the care of a DOH-accredited physician
the purpose of harassing, molesting or in any way for at least six (6) months, with after-care and
prejudicing the persons described in the preceding follow-up program for not more than eighteen (18)
Section against whom such information or testimony months.
is directed against. In such case, the informant or
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In the case of minors under fifteen (15) years of age the sentence provided under this Act is higher than
at the time of the commission of any offense that provided under existing law on probation, or
penalized under this Act, Article 192 of Presidential impose community service in lieu of imprisonment. In
Decree No. 603, otherwise known as the Child and case of probation, the supervision and rehabilitative
Youth Welfare Code, as amended by Presidential surveillance shall be undertaken by the Board
Decree No. 1179 shall apply, without prejudice to the through the DOH in coordination with the Board of
application of the provisions of this Section. Pardons and Parole and the Probation
Administration. Upon compliance with the
Sec. 67. Discharge After Compliance with Conditions conditions of the probation, the Board shall submit a
of Suspended Sentence of a First-Time Minor Offender. written report to the court recommending
– If the accused first time minor offender under termination of probation and a final discharge of the
suspended sentence complies with the applicable probationer, whereupon the court shall issue such an
rules and regulations of the Board, including order.
confinement in a Center, the court, upon a favorable
recommendation of the Board for the final discharge The community service shall be complied with under
of the accused, shall discharge the accused and conditions, time and place as may be determined by
dismiss all proceedings. the court in its discretion and upon the
recommendation of the Board and shall apply only
Upon the dismissal of the proceedings against the to violators of Section 15 of this Act. The completion
accused, the court shall enter an order to expunge of the community service shall be under the
all official records, other than the confidential record supervision and rehabilitative surveillance of the
to be retained by the DOJ relating to the case. Such Board during the period required by the court.
an order, which shall be kept confidential, shall Thereafter, the Board shall render a report on the
restore the accused to his/her status prior to the manner of compliance of said community service.
case. He/she shall not be held thereafter to be guilty The court in its discretion may require extension of
of perjury or of concealment or misrepresentation by the community service or order a final discharge.
reason of his/her failure to acknowledge the case or
recite any fact related thereto in response to any In both cases, the judicial records shall be covered by
inquiry made of him for any purpose. the provisions of Sections 60 and 64 of this Act.
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Art. 10, RPC. Offenses not subject to the provisions of (iii) Spouses, ascendants and descendants, or
this Code. — Offenses which are or in the future may relatives by affinity in the same line who
be punishable under special laws are not subject to committed the crime of theft, malicious
the provisions of this Code. This Code shall be mischief or swindling (estafa) but there’s
supplementary to such laws, unless the latter should civil liability. [Art. 332, RPC]
specially provide the contrary..
(b) Where relationship is aggravating
Other Aggravating Circumstance (i) In CRIMES AGAINST PERSONS in cases
Organized or Syndicated Crime Group (Art. 62, RPC) where
(a) the offended party is a relative of a
Organized or syndicated crime group: higher degree than the offender
(a) A group of two or more persons (grandson kills grandfather), or
(b) collaborating, confederating or mutually helping (b) when the offender and the offended
one another party are relatives of the same level, as
(c) for the purpose of gain in the commission of a killing a brother, a brother-in-law, a
crime. half-brother or adopted brother.
(ii) When the crime is SERIOUS PHYSICAL
Special aggravating circumstance INJURIES (Art. 263), even if the offended
The maximum penalty shall be imposed party is a descendant of the offender,
(a) if the offense was committed by any person relationship is AGGRAVATING.
(b) who belongs to an organized or syndicated
crime group. But the serious physical injuries must not be
inflicted by a parent upon his child by
ALTERNATIVE CIRCUMSTANCES excessive chastisement.
THREE TYPES of alternative circumstances under (iii) When the crime is LESS SERIOUS
Art. 15: PHYSICAL INJURIES OR SLIGHT PHYSICAL
(1) Relationship INJURIES if the offended party is a relative
(2) Intoxication of a higher degree than the offender
(3) Degree of education/instruction (iv) When the crime is HOMICIDE OR MURDER
if the victim of the crime is a relative of lower
Alternative Circumstances – are circumstances which degree.
must be taken in consideration as aggravating or (v) In CRIMES AGAINST CHASTITY relationship
mitigating according to the nature and effects of the is always aggravating
crime
(c) Where relationship is mitigating
(1) Relationship (BRADSS) (i) In Crimes against property, by analogy to
(a) Spouse the provisions of Art. 332, relationship is
(b) Ascendant mitigating in the crimes of robbery (arts.
(c) Descendant 294-3-2), usurpation (Art. 312), fraudulent
(d) Legitimate, natural, or adopted Brother or insolvency (Art. 314) and arson (Arts. 321-
Sister 322, 325-326)
(e) Relative by Affinity in the same degree of (ii) When the crime is less serious or slight
the offender physical injuries if the offended party is a
relative of a lower degree than the offender.
(a) Where relationship is exempting
(i) An accessory who is related to the principal
People v. Atop (1998):11-year-old Regina lives with
within the relationship prescribed in Art. 20
her grandmother. Atop is the common-law husband
except if accessory falls within Par. 1 of Art.
of her grandmother. Atop was found guilty of 4
19;
counts of rape which was committed in 1993 (2x),
(ii) A legally married person who having
1994 and 1995. The lower court took into account the
surprised his spouse in the act of
Aggravating Circumstance of relationship.
committing sexual intercourse with another
person who shall inflict upon them physical
Held: The law cannot be stretched to include persons
injuries of any other kind (i.e. less serious
attached by common-law relations. In this case,
and slight physical injuries). [Art. 247, RPC]
there is no blood relationship or legal bond that links
Atop to his victim.
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People v. Marcos (2001): In order that the alternative (3) Degree of Instruction/ Education
circumstance of relationship may be taken into (a) Refers to the lack of sufficient intelligence
consideration in the imposition of the proper penalty, of and knowledge of the full significance of
the offended party must either be the (a) spouse, (b) one’s act
ascendant, (c) descendant, (d) legitimate, natural or (b) Being illiterate does not mitigate liability if
adopted brother or sister, or (e) relative by affinity in crime committed is one which one
the same degree, of the offender.. The rule is that inherently understands as wrong (e.g.
relationship is aggravating in crimes against persons parricide)
as when the offender and the offended party are (c) To be considered mitigating, degree of
relatives of the same level, such as killing a brother. instruction must have some reasonable
connection to the offense.
(2) Intoxication
ABSOLUTORY CAUSE
It is only the circumstance of intoxication which There are FOUR TYPES of absolutory circumstances:
(a) if not mitigating, (1) INSTIGATION
(b) is automatically aggravating. (2) PARDON
(3) OTHER ABSOLUTORY CAUSES
(a) When mitigating (4) ACTS NOT COVERED BY LAW AND IN CASE OF
(1) There must be an indication that EXCESSIVE PUNISHMENT (ART. 5)
(a) because of the alcoholic intake of the
offender, Absolutory Causes – those where the act committed
(b) he is suffering from diminished self- is a crime but for reasons of public policy and
control. sentiment there is no penalty imposed.
(c) It is not the quantity of alcoholic drink.
(d) Rather it is the effect of the alcohol (1) Instigation
upon the offender which shall be the
basis of the mitigating circumstance.
(2) That offender is Entrapment Instigation
(a) not a habitual drinker and Ways and means are The instigator practically
(b) did not take alcoholic drink with the resorted to for the induces the would-be
intention to reinforce his resolve to purpose of trapping and accused into the
commit crime capturing the lawbreaker commission of the offense
in the execution of his and himself becomes a
(b) When Aggravating: criminal plan co-principal.
(1) If intoxication is habitual
(2) If it is intentional to embolden offender to The law enforcer
commit crime conceives the commission
The means originate from
of the crime and suggests
the mind of the criminal.
to the accused who
People v. Camano (1982):Intoxication is mitigating if carries it into execution.
accidental, not habitual nor intentional, i.e., not
subsequent to the plan to commit the crime. It is A public officer or a
A person has planned or
aggravating if habitual or intentional. To be private detective induces
is about to commit a
mitigating, it must be indubitably proved. A habitual an innocent person to
crime and ways and
drunkard is one given to intoxication by excessive use commit a crime and
means are resorted to by
of intoxicating drinks. The habit should be actual and would arrest him upon or
a public officer to trap and
confirmed. It is unnecessary that it be a matter of after the commission of
catch the criminal.
daily occurrence. Intoxication lessens the individual the crime by the latter.
resistance to evil thought and undermines will- Not a bar to the The accused must be
power making its victim a potential evil doer. In this prosecution and acquitted because the
case, the intoxication of the appellant not being conviction of the offender simply acts as a
habitual and considering that the said appellant was lawbreaker. tool of the law enforcers
in a state of intoxication at the time of the
commission of the felony, the alternative
circumstance of intoxication should be considered
mitigating.
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Entrapment - Entrapping persons into crime for the purpose of trapping and capturing lawbreakers in
purpose of instituting criminal prosecutions. It is a the execution of their criminal plan. In instigation,
scheme or technique ensuring the apprehension of instigators practically induce the would-be
the criminals by being in the actual crime scene. defendant into the commission of the offense and
become co-principals themselves. Entrapment is
The law officers shall not be guilty to the crime if sanctioned by law as a legitimate method of
they have done the following: apprehending criminal elements engaged in the sale
(a) He does not induce a person to commit a crime and distribution of illegal drugs.
for personal gain or is not involved in the
planning of the crime.
(b) Does take the necessary steps to seize the US v. Phelps (1910): Phelps was charged and found
instrument of the crime and to arrest the guilty for violating the Opium Law (Act No. 1761).
offenders before he obtained the profits in mind. Phelps was induced by Smith, an employee of the
Bureau of Internal Revenue, into procuring opium,
Instigation - The involvement of a law officer in the providing for a venue and making arrangements for
crime itself in the following manner: the two of them to smoke opium.
(a) He induces a person to commit a crime for
personal gain. Held: Smith not only suggested the commission of
(b) Doesn’t take the necessary steps to seize the the crime but also expressed his desire to commit
instrument of the crime & to arrest the offenders the offense in paying the amount required for the
before he obtained the profits in mind. arrangements. Such acts done by employees of
(c) He obtained the profits in mind even through government in encouraging or inducing persons to
afterwards does take the necessary steps seize commit a crime in order to prosecute them are most
the instrument of the crime and to arrest the reprehensible.
offenders.
This is an instance of instigation where Smith, the
Example of entrapment: instigator (who is either a public officer or a private
A, a government anti-narcotics agent, acted as a detective) practically induces the would-be accused
poseur buyer of shabu and negotiated with B, a into the commission of the offense.
suspected drug pusher who is unaware that A is a
police officer. A then paid B in marked money and People v. Lua Chu and Uy Se Tieng (1931):
the latter handed over a sachet of shabu. Upon Entrapment is not a case where an innocent person
signal, the cops closed in on B is induced to commit a crime merely to prosecute
him, but it simply a trap set to catch a criminal.
Example of instigation:
A, leader of an anti-narcotics team, approached and (2) Pardon
persuaded B to act as a buyer of shabu and transact
with C, a suspected pusher. B was given marked General rule: Pardon does not extinguish criminal
money to pay C for a sachet of shabu. After the sale action (Art 23).
was consummated, the cops closed in and arrested
both B and C. Exception: Pardon by marriage between the accused
and the offended party in cases of SEDUCTION,
People v. Pacis (2002): Yap, an NBI agent, received ABDUCTION, RAPE AND ACTS OF
information that a Pacis was offering to sell ½ kg of LASCIVIOUSNESS (Art 344).
"shabu." A buy-bust operation was approved. The
informant introduced Yap to Pacis as an interested (3) Other Absolutory Causes
buyer. They negotiated the sale of ½ kg of shabu. (a) Spontaneous desistance [Art. 6]
Pacis handed to Yap a paper bag with the markings (b) Light felonies not consummated [Art. 7]
"Yellow Cab". While examining it, Pacis asked for the (c) Accessories in light felonies
payment. Yap gave the "boodle money" to Pacis. (d) Accessories exempt under Art. 20
Upon Pacis's receipt of the payment, the officers (e) Trespass to dwelling to prevent serious
identified themselves as NBI agents and arrested harm to self [Art. 280]
him. (f) exemption from criminal liability in crimes
against property
Held: The operation that led to the arrest of (g) Under Article 332, exemptions from
appellant was an entrapment, not instigation. In criminal liability for cases of theft, swindling
entrapment, ways and means are resorted to for the
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Art. 5 RPC. Duty of the court in connection with acts EXTENUATING CIRCUMSTANCES
which should be repressed but which are not covered Circumstances which mitigate the criminal liability of
by the law, and in cases of excessive penalties. the offender but not found in Article 13
1) Whenever a court has knowledge of any act
which it may deem proper to repress and which is not Illustration:
punishable by law, it shall render the proper A kleptomaniac is criminally liable. But he would be
decision, and shall report to the Chief Executive, given the benefit of a mitigating circumstance
through the Department of Justice, the reasons analogous to paragraph 9 of Article 13, that of
which induce the court to believe that said act should suffering from an illness which diminishes the
be made the subject of legislation. exercise of his will poser without, however, depriving
2) In the same way, the court shall submit to him of the consciousness of his act.
the Chief Executive, through the Department of
Justice, such statement as may be deemed proper, An unwed mother killed her child in order to conceal
without suspending the execution of the sentence, a dishonor. The concealment of dishonor is an
when a strict enforcement of the provisions of this extenuating circumstance insofar as the unwed
Code would result in the imposition of a clearly mother or the maternal grandparents are concerned,
excessive penalty, taking into consideration the but not insofar as the father of the child is
degree of malice and the injury caused by the concerned. Mother killing her new born child to
offense. conceal her dishonor, penalty is lowered by two
degrees. Since there is a material lowering of the
Art. 5 cover two situations: penalty or mitigating the penalty, this is an
(1) Where the court cannot convict the accused extenuating circumstance.
because the act he committed is not punishable
under the law, but the court deems it proper to
repress such act.
(a) The proper judgment is acquittal.
(b) The judge must report to the Chief Persons Criminally
Executive that said act be made subject of
penal legislation and the reasons therefore.
Liable/Degree of
(2) Where the court after trial finds the accused
Participation
guilty, and the penalty prescribed for the crime Under the Revised Penal Code, when more than one
appears too harsh considering the conditions person participated in the commission of the crime,
surrounding the commission of the crime, the law looks into their participation because in
(a) The judge should impose the law (not punishing offenders, the Revised Penal Code
suspend the execution of the sentence). classifies them as:
(b) The most that he could do is recommend to (a) PRINCIPAL
the Chief Executive to grant executive (b) ACCOMPLICE
clemency. (c) ACCESSORY
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(1) This classification is true only under the RPC and (2) That such inducement be the determining cause
is not applied under special laws, because the of the commission of the crime by the material
penalties under the latter are never graduated. executor.
(2) (1) Do not use the term “principal” when the
crime committed is a violation of special law Two ways of becoming principal by induction:
(use the term “offender/s, culprit/s, accused) (1) By directly forcing another to commit a crime by:
(a) Using irresistible force - such physical force
As to the liability of the participants in the grave, less as would produce an effect upon the
grave or light felony: individual that despite of all his resistance,
(1) When the felony is grave, or less grave, all it reduces him to a mere instrument.
participants are criminally liable.
(2) But when the felony is only light, only the (b) Causing uncontrollable fear – such fear that
principal and the accomplice are liable. The must be grave, actual, serious and of such
accessory is not. kind that majority of men would succumb to
such moral compulsion. The latter must be
Basis: In the commission of light felonies, the social such as to leave a reasonable fear for one’s
wrong as well as the individual prejudice is so small life or limb and not speculative, fanciful or
that penal sanction is deemed not necessary. remote fear.
(1) By Direct Participation The one giving the price or offering the
reward or promise is a principal by
Elements: inducement while the one committing the
(1) That they participated in the criminal resolution; crime in consideration thereof is a principal
and by direct participation.
(2) That they carried out their plan and personally
took part in its execution by acts which directly (b) Using words of command.
tended to the same end. The person who used the words of
command is a principal by inducement
Those who are liable (participated in the criminal while the person who committed the crime
resolution): because of the words command is a
(a) materially execute the crime; principal by direct participation.
(b) appear at the scene of the crime; (1) That the one uttering the words of
(c) perform acts necessary in the commission of the command must have the intention of
offense. procuring the commission of the crime;
(2) That the one who made the command
Why one who does not appear at the scene of the must have an ascendancy or influence
crime is not liable: over the person who acted;
(a) his non-appearance is deemed desistance which (3) That the words used must be so direct,
is favored and encouraged. so efficacious, so powerful as to
(b) conspiracy is generally not a crime unless the amount to physical or moral coercion;
law specifically provides a penalty therefore. (4) That the words of command must be
(c) there is no basis for criminal liability because uttered prior to the commission of the
there is no criminal participation. crime; and
(5) The material executor of the crime has
(2) By Inducement no personal reason to commit the
crime.
Elements:
(1) That the inducement be made directly with the Inducement must be strong enough that the person
intention of procuring the commission of the induced could not resist.
crime; (a) This is tantamount to an irresistible force
compelling the person induced to carry out the
crime.
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People v. Madall (1990): The son was mauled. The Principals by direct participation have collective
family was not in good terms with their neighbors. criminal responsibility. Principals by induction,
The father challenged everybody and when the except those who directly forced another to commit a
neighbors approached, he went home to get a rifle. crime, and principals by direct participation have
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collective criminal responsibility. Principals by criminal intention know about it after the
indispensable cooperation have collective criminal because they themselves principals have reached
responsibilities with the principals by direct have decided upon such the decision and only then
participation. course of action do they agree to
cooperate in its execution
INDIVIDUAL CRIMINAL RESPONSIBILITY
In the absence of any previous conspiracy, unity of Accomplices merely
Conspirators decide that a
criminal purpose and intention immediately before assent to the plan and
crime should be
the commission of the crime, or community of cooperate in its
committed
criminal design, the criminal responsibility arising accomplishment
from different acts directed against one and the Accomplices are merely
same person is individual and not collective, and instruments who perform
Conspirators are the
each of the participants is liable only for the act acts not essential to the
authors of a crime
committed by him. perpetration of the
offense.
The basis is the importance of the cooperation to the Elements:
consummation of the crime. (1) That there be community of design; that is,
(1) If the crime could hardly be committed without knowing the criminal design of the principal by
such cooperation, then such cooperator would direct participation, he concurs with the latter in
be a principal. his purpose;
(2) If the cooperation merely facilitated or hastened (2) That he cooperates in the execution of the
the consummation of the crime, the cooperator offense by previous or simultaneous acts, with
is merely an accomplice. the intention of supplying material or moral aid
in the execution of the crime in an efficacious
The focus is not just on participation but on the way; and
importance of participation in committing the crime. (3) That there be a relation between the acts done
by the principal and those attributed to the
In case of doubt, favor the lesser penalty or liability. person charged as accomplice.
Apply the doctrine of pro reo.
Principal by Cooperation Accomplice
ACCOMPLICE
Accomplice – are persons who, not acting as Cooperation is Cooperation is not
principals, cooperate in the execution of the offense indispensable to the indispensable to the
by previous and simultaneous acts, which are not commission of the act commission of the act
indispensable to the commission of the crime.
ACCESSORIES
They act as mere instruments that perform acts not When accessories are not criminally liable:
essential to the perpetration of the offense. (1) When the felony committed is a light felony
(2) When the accessory is related to the principal as
When is one regarded as an accomplice? (a) spouse
(1) Determine if there is a conspiracy. (b) ascendant, or descendant, or
(2) If there is, as a general rule, the criminal liability (c) brother or sister whether legitimate, or
of all will be the same, because the act of one is natural or adopted or
the act of all. (d) where the accessory is a relative by affinity
within the same degree,
What are the other traits of an accomplice?
(1) does not have previous agreement or Unless the accessory himself profited from
understanding; or the effects or proceeds of the crime or
(2) is not in conspiracy with the principal by direct assisted the offender to profit therefrom.
participation.
When one cannot be an accessory:
Conspirator Accomplice (1) he does not know the commission of the crime
(2) he participated in the crime as a principal or an
They know of and join in They know and agree with accomplice
the criminal design the criminal design
Conspirators know the Accomplices come to When an accessory is exempt from criminal liability:
When the principal is his:
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Public Officer Civilian accessory does not meet the required proof beyond
reasonable doubt, then said accused will be
For him to become an acquitted.
accessory, the principal
What is material is that he must have committed the So the criminal liability of an accomplice or accessory
used his public function in crime of treason, does not depend on the criminal liability of the
assisting the escape parricide, murder or principal but depends on the quantum of evidence.
attempt on the life of the
Chief Executive But if the evidence shows that the act done does not
constitute a crime and the principal is acquitted,
then the supposed accomplice and accessory should
PD 1829 (Also Known as
also be acquitted.
Revised Penal Code the Law Penalizing
“Obstruction of Justice”)
If there is no crime, then there is no criminal liability,
No specification of the whether principal, accomplice or accessory.
Specifies the crimes that
crime to be committed by
should be committed in
the offender in order that DECREE PENALIZING OBSTRUCTION OF
case a civilian aids in the
criminal liability be APPREHENSION AND PROSECUTION OF
escape
incurred CRIMINAL OFFENDERS (P.D. 1829)
The offender is the The offender need not
principal or must be even be the principal or What is imposed:
convicted of the crime need not be convicted of (a) Prision correccional in its maximum period, or
charged the crime charged (b) Fine ranging from PhP 1,000 – 6,000, or
(c) Both
An offender of any crime Upon any person who knowingly or willfully
is no longer an accessory obstructs, impedes, frustrates or delays the
The one who harbored or
but is simply an offender apprehension of suspects and the investigation and
concealed an offender is
without regard to the prosecution of criminal cases through the acts
still an accessory
crime of the person enumerated in Sec. 1
assisted to escape
PUNISHABLE ACTS
(5) Whether the accomplice and the accessory may
be tried and convicted even before the principal is (a) Preventing witnesses from testifying in any
found guilty criminal proceeding or from reporting the
commission of any offense or the identity of any
There is an earlier Supreme Court ruling that the offender/s by means of bribery,
accessory and accomplice must be charged together misrepresentation, deceit, intimidation, force or
with the principal; if the latter is acquitted, the threats;
accomplice and the accessory shall not be criminally (b) Altering, destroying, suppressing or concealing
liable, unless the acquittal is based on a defense any paper, record, document, or object with
which is personal only to the principal. intent to impair its veracity, authenticity,
(a) However, it is not always true that the legibility, availability, or admissibility as evidence
accomplice and the accessory cannot be in any investigation of or official proceedings in
criminally liable without the principal being first criminal cases, or to be used in the investigation
convicted. of, or official proceedings in, criminal cases;
(b) Under Rule 110 of the Revised Rules on Criminal (c) Harboring or concealing, or facilitating the
Procedure, it is required that all those involved escape of, any persons he knows, or has
in the commission of the crime must be included reasonable ground to believe or suspect, has
in the information that may be filed. committed any offense under existing penal
laws in order to prevent his arrest, prosecution
The liability of the accused will depend on the and conviction;
quantum of evidence adduced by the prosecution (d) Publicly using a fictitious name for the purpose
against the particular accused but the prosecution of concealing a crime, evading prosecution or
must initiate the proceedings against the principal. the execution of a judgment, or concealing his
true name and other personal circumstances for
Even if the principal is convicted, if the evidence the same purpose or purposes;
presented against a supposed accomplice or
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(e) Delaying the prosecution of criminal cases by The punishable acts in PD 1829, compared to RPC
obstructing the service of process or court orders Art. 20 are prompted by a detestable greed, not by
or disturbing proceedings in the fiscals’ offices, affection. The benefits of the exception in Art. 20 do
in Tanodbayan, or in the courts; not apply to PD 1829.
(f) Making, presenting or using any record,
document, paper or object with knowledge of its
falsity and with intent to affect the course or
outcome of the investigation of, or official
proceedings in criminal cases; Penalties
(g) Soliciting, accepting, or agreeing to accept any
benefit in consideration of abstaining from, Penalty - is the suffering that is inflicted by the State
discontinuing, or impeding the prosecution of a for the transgression of a law.
criminal offender;
(h) Threatening directly or indirectly another with Different Juridical Conditions of Penalty:
the infliction of any wrong upon his person, (1) Must be PRODUCTIVE OF SUFFERING, without
honor or property or that of any immediate affecting the integrity of the human personality.
member or members of his family in order to (2) Must be COMMENSURATE to the offense –
prevent such person from appearing in the different crimes must be punished with different
investigation of, or official proceedings in, penalties.
criminal cases, or imposing a condition, whether (3) Must be PERSONAL – no one should be
lawful or unlawful, in order to prevent a person punished for the crime of another.
from appearing in the investigation of, or in (4) Must be LEGAL – it is the consequence of a
official proceedings in criminal cases; judgment according to law.
(i) Giving a false or fabricated information to (5) Must be CERTAIN – no one may escape its
mislead or prevent the law enforcement effects.
agencies from apprehending the offender or (6) Must be EQUAL for all.
from protecting the life or property of the victim; (7) Must be CORRECTIONAL.
or fabricating information from the data
gathered in confidence by investigating Theories justifying penalty:
authorities for purposes of background (1) PREVENTION – to suppress danger to the State
information and not for publication and (2) SELF-DEFENSE – to protect the society from the
publishing or disseminating the same to mislead threat and wrong inflicted by the criminal.
the investigator or the court. (3) REFORMATION – to correct and reform the
offender.
COMPARE WITH ART. 20, RPC (ACCESSORIES EXEMPT (4) EXEMPLARITY – to serve as an example to deter
FROM CRIMINAL LIABILITY) others from committing crimes.
(5) JUSTICE – for retributive justice, a vindication of
Ground for exemption under Art. 20 absolute right and moral law violated by the
The exemption provide in this article is based on the criminal.
ties of blood and the preservation of the cleanliness
of one’s name, which compels one to conceal crimes GENERAL PRINCIPLES
committed by relatives so near as those mentioned Art. 21. Penalties that may be imposed. — No felony
in this article. shall be punishable by any penalty not prescribed by
law prior to its commission.
An accessory is exempt from criminal liability when
the principal is his – (a) This article prohibits the Government from
(1) Spouse punishing any person for any felony with any
(2) Ascendant penalty which has not been prescribed by the
(3) Descendant law.
(4) Legitimate, natural or adopted brother, sister or (b) It has no application to any of the provisions of
relative by affinity within the same degree, the RPC for the reason that for every felony
defined in the Code, a penalty has been
Accessory is not exempt from criminal liability even if prescribed.
the principal is related to him if he (c) REASON: An act or omission cannot be
(a) Profited by the effects of the crime, or punished by the State if at the time it was
(b) Assisted the offender to profit by the effect of committed there was no law prohibiting it,
the crime. because a law cannot be rationally obeyed
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unless it is first shown, and a man cannot be Within the same realm of constitutional discretion,
expected to obey an order that has not been Congress has reversed itself.
given.
It must be asserted that today, the legal status of the
ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN
suppression of the death penalty in the Philippines
THE PHILIPPINES (R.A. NO. 9346)
has never been more secure than at any time in our
political history as a nation.
RA 9346 expressly repealed RA 8177 or “Act
Designating Death by Lethal Injection” and RA 7659 PURPOSES
or “Death Penalty Law” Purpose of penalty under the RPC:
(1) RETRIBUTION OR EXPIATION – the penalty is
RA 9346 repealed all the other laws imposing death commensurate with the gravity of the offense. It
penalty. permits society to exact proportionate revenge,
and the offender to atone for his wrongs.
Section 2 states that: “In lieu of the death penalty, (2) CORRECTION OR REFORMATION – as shown
the following shall be imposed: by the rules which regulate the execution of the
(a) the penalty of reclusion perpetua, when the law penalties consisting in deprivation of liberty.
violated makes use of the nomenclature of the (3) SOCIAL DEFENSE – shown by its inflexible
penalties of the Revised Penal Code; or severity to recidivist and habitual delinquents.
(b) the penalty of life imprisonment, when the law
violated does not make use of the nomenclature CLASSIFICATIONS
of the penalties of the Revised Penal Code.”
MAJOR CLASSIFICATION
People v. Bon (2006):Yet in truth, there is no material (a) PRINCIPAL PENALTIES – those expressly
difference between “imposition” and “application,” imposed by the court in the judgment of
for both terms embody the operation in law of the conviction.
death penalty. (b) ACCESSORY PENALTIES – those that are
deemed included in the imposition of the
Since Article 71 denominates “death” as an element principal penalties.
in the graduated scale of penalties, there is no (c) SUBSIDIARY PENALTIES – those imposed in lieu
question that the operation of Article 71 involves the of principal penalties, i.e., imprisonment in case
actual application of the death penalty as a means of of inability to pay the fine.
determining the extent which a person’s liberty is to
be deprived. Note: Public censure is a penalty,
(a) Thus, it is not proper in acquittal.
Since Rep. Act No. 9346 unequivocally bars the (b) However, the Court in acquitting the accused
application of the death penalty, as well as expressly may criticize his acts or conduct.
repeals all such statutory provisions requiring the
application of the death penalty, such effect Penalties that are either principal or accessory:
necessarily extends to its relevance to the graduated (a) Perpetual or temporary absolute
scale of penalties under Article 71. disqualification,
(b) Perpetual or temporary special disqualification,
The court cannot find basis to conclude that Rep. Act and
No. 9346 intended to retain the operative effects of (c) Suspension
the death penalty in the graduation of the other May be principal or accessory penalties, because
penalties in our penal laws. they are formed in the 2 general classes.(Asked 3
times in the Bar Exams)
Munoz cannot enjoin us to adopt such conclusion.
OTHER CLASSIFICATIONS OF PENALTIES
Rep. Act No. 9346 is not swaddled in the same (1) According to their divisibility:
restraints appreciated by Muñoz on Section 19(1), (a) Divisible
Article III. (i) those that have fixed duration
(ii) divisible into three periods.
The very Congress empowered by the Constitution to (b) Indivisible
reinstate the imposition of the death penalty once (i) those which have no fixed duration:
thought it best to do so, through Rep. Act No. 7650. (ii) Death
(iii) Reclusion perpetua
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(iv) Perpetual absolute or special But the civil liability with regard to the interest of the
disqualification injured party is extinguished.
(v) Public censure
PENALTIES WHICH MAY BE IMPOSED
(2) According to subject-matter (1) Scale of Principal Penalties
(a) Corporal (death)
(b) Deprivation of freedom (reclusion, prision, (a) Capital punishment: (D)
arresto) (i) Death.
(c) Restriction of freedom (destierro) (b) Afflictive penalties: (RP, RT, PAD, TAD, PSD,
(d) Deprivation of rights (disqualification and TSD, PM)
suspension) (i) Reclusion perpetua,
(e) Pecuniary (fine) (ii) Reclusion temporal,
(iii) Perpetual or temporary absolute
(3) According to their gravity disqualification,
(a) Capital (iv) Perpetual or temporary special
(b) Afflictive disqualification,
(c) Correctional (v) Prision mayor.
(d) Light (c) Correctional penalties: (PC, AM, S, Des)
(i) Prision correccional,
DURATION AND EFFECT (ii) Arresto mayor,
Art. 22. Retroactive effect of penal laws. — Penal Laws (iii) Suspension,
shall have a retroactive effect insofar as they favor (iv) Destierro.
the persons guilty of a felony, who is not a habitual (d) Light penalties: (Am, Pc)
criminal, as this term is defined in Rule 5 of Article (i) Arresto menor,
62 of this Code, although at the time of the (ii) Public censure.
publication of such laws a final sentence has been (e) Penalties common to the three preceding
pronounced and the convict is serving the same. classes: (F, Bond)
(i) Fine, and
This article states that Penal Laws shall only have (ii) Bond to keep the peace.
retroactive effect if it favors persons guilty of felonies,
who are not considered habitual criminals as defined (2) Scale of Accessory Penalties (PAD, TAD, PSD,
in Article 62. TSD, S, CI, I, F, Pay)
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Specific Principal and Accessory Penalties Duration: 20 years and 1 day to 40 years
Accessory Penalties:
(1) Afflictive penalties (1) Civil interdiction for life or during the period of
the sentence as the case may be.
(a) Reclusion Perpetua (2) Perpetual Absolute Disqualification which the
offender shall suffer even though pardoned as
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to the principal penalty, unless the same shall Life Imprisonment Reclusion Perpetua
have been expressly remitted in the pardon.
accessory penalties penalties
People v. Gatward (1997): As amended by RA 7659, Entails imprisonment for
the penalty of reclusion perpetua is now accorded a at least 30 years after
defined duration ranging from 20 years and 1 day to Does not appear to have which the convict
40 years. any definite extent or becomes eligible for
duration pardon although the
The Court held that in spite of the amendment maximum period shall in
putting the duration of RP, it should remain as an no case exceed 40 years
indivisible penalty since there was never intent on
the part of Congress to reclassify it into a divisible (b) Reclusion Temporal
penalty.
Duration: 12 years and 1 day to 20 years
The maximum duration of reclusion perpetua is not Accessory Penalties:
and has never been 30 years which is merely the (1) Civil interdiction for life or during the period of
number of years which the convict must serve in the sentence as the case may be.
order to be eligible for pardon or for the application (2) Perpetual Absolute Disqualification which the
of the 3-fold rule (infra). offender shall suffer even though pardoned as
to the principal penalty, unless the same shall
People v. Ramirez (2001): The SC disagrees with the have been expressly remitted in the pardon.
trial court in sentencing appellant "to suffer
imprisonment of forty (40) years reclusion perpetua." (c) Prision mayor
There was no justification or need for the trial court Duration: 6 years and 1 day to 12 years
to specify the length of imprisonment, because Accessory Penalties:
reclusion perpetua is an indivisible penalty. (1) Temporary Absolute Disqualification
(2) Perpetual Special Disqualification from the right
The significance of this fundamental principle was to suffrage which the offender shall suffer
laid down by the Court in People v. Diquit. "Since although pardoned as to the principal penalty
reclusion perpetua is an indivisible penalty, it has no unless the same shall have been expressly
minimum, medium or maximum periods. remitted in the pardon.
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(3) Light Penalties This article merely classifies fine and has nothing to
do with the definition of light felony.
(a) Arresto Menor
The court can fix any amount of the fine within the
Duration: 1 day to 30 days limits established by law.
Accessory Penalties:
(1) Suspension of right to hold office The court must consider:
(2) Suspension of the right of suffrage during the (a) The mitigating and aggravating circumstances;
term of the sentence. and
(b) More particularly, the wealth or means of the
(b) Public Censure culprit.
Censure, being a penalty is not proper in acquittal.
When the law does not fix the minimum of the fine,
Penalty Duration Accessories (a) the determination of the amount of the fine to
be imposed upon the culprit
Suspension of (b) is left to the sound discretion of the court,
right to hold (c) provided it shall not exceed the maximum
Arresto menor 1 day to 30 days
office and right authorized by law.
of suffrage
Note: Fines are not divided into 3 equal portions.
Public censure
(b) Bond to Keep the Peace
(4) Penalties common to afflictive, correctional, and
light penalties
Art. 35. Effects of bond to keep the peace. —
(a) Fine It shall be the duty of any person sentenced to give
bond to keep the peace, to present two sufficient
Fine is: sureties who shall undertake that such person will
(a) Afflictive –more than P6,000 not commit the offense sought to be prevented, and
(b) Correctional – P200 to P6,000 that in case such offense be committed they will pay
(c) Light Penalty – less than P200 the amount determined by the court in the
judgment, or otherwise to deposit such amount in
the office of the clerk of the court to guarantee said
undertaking.
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(b) The offender must Art. 32. Effect of the penalties of perpetual or
deposit such amount with the clerk of court to temporary special disqualification for the exercise of
guarantee said undertaking; the right of suffrage.
(1) The perpetual or temporary special
The court shall determine the period of duration disqualification for the exercise of the right of
of the bond. suffrage
(2) shall deprive the offender perpetually or during
The offender may be detained, if he cannot give the term of the sentence, according to the nature of
the bond, said penalty,
(a) for a period not to exceed 6 months if (3) of the right to vote in any popular election for any
prosecuted for grave or less grave felony, or public office or to be elected to such office.
(b) for a period not to exceed 30 days, if for a (4) Moreover, the offender shall not be permitted to
light felony. hold any public office during the period of his
disqualification.
Bond to keep the peace is different from bail
bond which is posted for the provisional release Art. 33. Effects of the penalties of suspension from any
of a person arrested for or accused of a crime. public office, profession or calling, or the right of
suffrage.
PENALTIES COMMON TO ALL THREE TYPES
The suspension from public office, profession or
Penalty Duration Accessories calling, and the exercise of the right of suffrage shall
disqualify the offender from holding such office or
Fine exercising such profession or calling or right of
Bond to keep the As determined suffrage during the term of the sentence.
peace by the court
The person suspended from holding public office
ACCESSORY PENALTIES
shall not hold another having similar functions
during the period of his suspension.
(1) Perpetual or temporary absolute
disqualification,
(2) Perpetual or temporary special disqualification, Art. 34. Civil interdiction. Civil interdiction shall
(3) Suspension from public office, the right to vote deprive the offender during the time of his sentence
and be voted for, the profession or calling. of the rights of parental authority, or guardianship,
(4) Civil interdiction, either as to the person or property of any ward, of
(5) Indemnification/ Forfeiture or confiscation of marital authority, of the right to manage his property
instruments and proceeds of the offense, and of the right to dispose of such property by any
(6) Payment of costs. act or any conveyance inter vivos.
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Art. 45. Confiscation and forfeiture of the proceeds or (c) Civil Interdiction
instruments of the crime. Every penalty imposed for
the commission of a felony shall carry with it the Effects: Deprivation of the following rights:
forfeiture of the proceeds of the crime and the (1) Parental authority
instruments or tools with which it was committed. (2) Guardianship over the ward
Such proceeds and instruments or tools shall be (3) Marital authority
confiscated and forfeited in favor of the Government, (4) Right to manage property and to dispose of the
unless they be property of a third person not liable same by acts inter vivos. (Note: The convict can
for the offense, but those articles which are not still dispose his property mortis causa).
subject of lawful commerce shall be destroyed.
Civil interdiction is an accessory penalty to the
(b) Perpetual or Temporary Special following principal penalties:
Disqualification (1) Death if commuted to life imprisonment;
(2) Reclusion perpetua
(3) Reclusion temporal
Art. 31. Effect of the penalties of perpetual or
temporary special disqualification. (d) Indemnification or Confiscation of
(1) The deprivation of the office, employment, Instruments or Proceeds of the Offense
profession or calling affected; (1) This is included in every penalty for the
(2) The disqualification for holding similar offices or commission of the crime.
employments either perpetually or during the term (2) The confiscation is in favor of the government.
of the sentence according to the extent of such (3) Property of a third person not liable for the
disqualification. offense is not subject to confiscation.
(4) If the trial court did not order any confiscation of
Effects: For public office, profession or calling: the process of the crime, the government cannot
(1) Deprivation of the office, employment, appeal from the confiscation as that would
profession or calling affected; increase the penalty already imposed.
(2) Disqualification for holding similar offices or
employments during the period of (e) Payment of Costs
disqualification.
Includes:
Effects: For the exercise of right to suffrage: (1) Fees, and
(1) Deprivation of the right to vote or to be elected (2) Indemnities, in the course of judicial
in an office; proceedings.
(2) Cannot hold any public office during the period (a) Costs may be fixed amounts already determined
of disqualification. (Art. 31). by law or regulations or amounts subject to a
schedule.
The penalty for disqualification if imposed as an (b) If the accused is convicted; costs may be
accessory penalty is imposed for PROTECTION and charged against him.
NOT for the withholding of a privilege. (c) If he is acquitted, costs are de officio, meaning
each party bears his own expense.
Note: If temporary disqualification or suspension is (d) No costs shall be allowed against the Republic
imposed as an accessory penalty, the duration is the of the Philippines. (Rule 142, Sec. 1).
same as that of the principal penalty. (e) Whether costs should be assessed against the
accused lie within the discretion of the court.
Suspension from Public Office, the Right to Vote and
Be Voted for, the Right to Practice a Profession or
Calling Accessory Penalty Effects
Deprivation of any public office
Effects: or employment of offender;
(1) Disqualification from holding such office or the
exercise of such profession or right of suffrage Perpetual or Deprivation of the right to vote
during the term of the sentence; Temporary Absolute in any election or to be voted
(2) Cannot hold another office having similar Disqualification upon;
functions during the period of suspension. (Art.
32). Loss of rights to retirement pay
or pension
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(4) Upon final judgment of a competent court (3) THE DURATION OF OTHER PENALTIES – the
divesting the party concerned of parental authority; duration is from the day on which the offender
or commences to serve his sentence
(5) Upon judicial declaration of absence or incapacity
of the person exercising parental authority. (327a). Examples of temporary penalties:
(1) Temporary absolute disqualification
APPLICATION (2) Temporary special disqualification
General Rules (3) Suspension
In case of excessive penalties, the court must still
impose the penalty but it shall recommend (a) If offender is under detention, as when he is
reduction, commutation, or other actions to the Chief undergoing preventive imprisonment, Rule No. 1
Executive. [Art. 5, RPC] applies.
(b) If not under detention, because the offender has
been released on bail, Rule No. 3 applies.
Art. 21. Penalties that may be imposed. — No felony
shall be punishable by any penalty not prescribed by
Examples of penalties consisting in deprivation of
law prior to its commission.
liberty:
(1) Imprisonment
Nulla poena sine lege. This article prohibits the (2) Destierro
Government from imposing punishment to any
person for a felony with any penalty which has not (a) When the offender is not in prison, Rule No. 2
been prescribed by the law. applies.
(b) If the offender is undergoing preventive
In addition, penalties must be individual, i.e., not imprisonment, Rule No. 3 applies but the
shared, and definite, e.g., imprisonment, fine, offender is entitled to a deduction of full time or
imprisonment and fine, imprisonment or fine; but not 4/5 of the time of his detention.
imprisonment and/or fine.
Art. 29. Period of preventive imprisonment deducted
Art. 28. Computation of penalties. — If the offender from term of imprisonment.
shall be in prison, the term of the duration of the Offenders who have undergone preventive
temporary penalties shall be computed from the day imprisonment shall be credited in the service of their
on which the judgment of conviction shall have sentence consisting of deprivation of liberty, with the
become final. full time during which they have undergone
preventive imprisonment, if the detention prisoner
If the offender be not in prison, agrees voluntarily in writing to abide by the same
the term of the duration of the penalty consisting of disciplinary rules imposed upon convicted prisoners,
deprivation of liberty shall be computed from the day except in the following cases:
that the offender is placed at the disposal of the
judicial authorities for the enforcement of the (a) When they are recidivists or have been convicted
penalty. previously twice or more times of any crime; and
(b) When upon being summoned for the execution of
The duration of the other penalties shall be their sentence they have failed to surrender
computed only from the day on which the defendant voluntarily.
commences to serve his sentence.
If the detention prisoner does not agree to abide by
RULES ON THE COMPUTATION OF PENALTIES: the same disciplinary rules imposed upon convicted
(1) WHEN THE OFFENDER IS IN PRISON – the prisoners, he shall be credited in the service of his
duration of temporary penalties is from the day sentence with four-fifths of the time during which he
on which the judgment of conviction becomes has undergone preventive imprisonment. (As
final. amended by Republic Act 6127, June 17, 1970).
(2) WHEN THE OFFENDER IS NOT IN PRISON – the
duration of penalty consisting in deprivation of Whenever an accused has undergone preventive
liberty, is from the day that the offender is placed imprisonment
at the disposal of judicial authorities for the • for a period equal to or more than the possible
enforcement of the penalty. maximum imprisonment of the offense charged to
which he may be sentenced
• and his case is not yet terminated,
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Those sentenced to the penalty of destierro or De la Cruz v. CA (1996): In as much as the amount of
suspension.Art. 64. Rules for the application of P715k is P693k more than the abovementioned
penalties which contain three periods. benchmark of P22k, then adding one year for each
In cases in which the penalties prescribed by law additional P10k,
contain three periods, whether it be a single divisible
penalty or composed of three different penalties, the maximum period of 6 years, 8 months and 21
each one of which forms a period in accordance with days to 8 years of prision mayor minimum would be
the provisions of Articles 76 and 77, the court shall increased by 69 years, as computed by the trial
observe for the application of the penalty the court.
following rules, according to whether there are or are
not mitigating or aggravating circumstances: But the law categorically declares that the maximum
(a) When there are neither aggravating nor penalty then shall not exceed 20 years of reclusion
mitigating circumstances, they shall impose the temporal.
penalty prescribed by law in its medium period.
(b) When only a mitigating circumstance is present in Under the ISL, the minimum term of the
the commission of the act, they shall impose the indeterminate penalty should be within the range of
penalty in its minimum period. the penalty next lower in degree to that prescribed
(c) When an aggravating circumstance is present in by the Code for the offense committed, which is
the commission of the act, they shall impose the prision correccional.
penalty in its maximum period.
(d) When both mitigating and aggravating People v. Saley: Under the Indeterminate Sentence
circumstances are present, the court shall Law,
reasonably offset those of one class against the (a) the maximum term of the penalty shall be "that
other according to their relative weight. which, in view of the attending circumstances,
(e) When there are two or more mitigating could be properly imposed" under the Revised
circumstances and no aggravating circumstances Penal Code,
are present, the court shall: (b) and the minimum shall be "within the range of
(i) impose the penalty next lower to that the penalty next lower to that prescribed" for the
prescribed by law, offense.
(ii) in the period that it may deem applicable,
(iii) according to the number and nature of such The penalty next lower should be based on the
circumstances. penalty prescribed by the Code for the offense,
(f) Whatever may be the number and nature of the without first considering any modifying circumstance
aggravating circumstances, the courts shall not attendant to the commission of the crime.
impose a greater penalty than that prescribed by
law, in its maximum period. The determination of the minimum penalty is left by
(g) Within the limits of each period, the court shall law to the sound discretion of the court and it can be
determine the extent of the penalty according to anywhere within the range of the penalty next lower
the number and nature of the aggravating and without any reference to the periods into which it
mitigating circumstances and the greater and might be subdivided.
lesser extent of the evil produced by the crime.
The modifying circumstances are considered only in
the imposition of the maximum term of the
indeterminate sentence.
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accused. Since the penalty prescribed by law for the THREE-FOLD RULE
estafa charge against accused-appellant is prision Art. 70. Successive service of sentence.
correccional maximum to prision mayor minimum, When the culprit has to serve two or more penalties,
the penalty next lower would then be prision he shall serve them simultaneously if the nature of
correccional minimum to medium. Thus, the the penalties will so permit otherwise, the following
minimum term of the indeterminate sentence should rules shall be observed:
be anywhere within six (6) months and one (1) day to
four (4) years and two (2) months. In the imposition of the penalties, the order of their
respective severity shall be followed so that they may
People v. Campuhan: The penalty for attempted rape be executed successively or as nearly as may be
is two (2) degrees lower than the imposable penalty possible, should a pardon have been granted as to
of death for the offense charged, which is statutory the penalty or penalties first imposed, or should they
rape of a minor below seven (7) years. have been served out.
Two (2) degrees lower is reclusion temporal, the For the purpose of applying the provisions of the
range of which is twelve (12) years and one (1) day to next preceding paragraph
twenty (20) years.
the respective severity of the penalties shall be
Applying the Indeterminate Sentence Law, and in determined in accordance with the following scale:
the absence of any mitigating or aggravating
circumstance, (1) Death,
(2) Reclusion perpetua,
the maximum of the penalty to be imposed upon the (3) Reclusion temporal,
accused shall be taken from the medium period of (4) Prision mayor,
reclusion temporal, the range of which is fourteen (5) Prision correccional,
(14) years, eight (8) months and (1) day to seventeen (6) Arresto mayor,
(17) years and four (4) months, (7) Arresto menor,
(8) Destierro,
while the minimum shall be taken from the penalty (9) Perpetual absolute disqualification,
next lower in degree, which is prision mayor, the (10) Temporal absolute disqualification.
range of which is from six (6) years and one (1) day to (11) Suspension from public office, the right to vote
twelve (12) years, in any of its periods. and be voted for, the right to follow a profession
or calling, and
Conditions of parole (12) Public censure
Sec. 6: Duty of the prisoner released under this Code: Notwithstanding the provisions of the rule next
Report personally to such government officials or preceding, the maximum duration of the convict's
other parole officers appointed by the Board for a sentence shall not be more than three-fold the
period of surveillance equivalent to the remaining length of time corresponding to the most severe of
portion of the maximum sentence imposed upon him the penalties imposed upon him.
or until final release by the Board. If it is shown that
he is a law-abiding citizen and did not violate any No other penalty to which he may be liable shall be
laws of the country, the Board may issue a final inflicted after the sum total of those imposed equals
certificate of release which will entitle him to final the same maximum period.
release and discharge.
Such maximum period shall in no case exceed forty
Sec. 8: Violations of the conditions of the parole: If years.
he/she violates any of the conditions of the parole,
the Board may issue his warrant of arrest. If In applying the provisions of this rule the duration of
captured/arrested, he shall serve the remaining perpetual penalties shall be computed at thirty
unexpired portion of the maximum sentence for years. (As amended).
which he was originally committed unless a new
parole was granted. Outline of the provisions of this Article:
(1) When the culprit has to serve 2 or more
penalties, he shall serve them simultaneously if
the nature of the penalties will so permit.
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(2) Otherwise, the order of their respective severity same court or in different courts, at the same
shall be followed. time or at different times.
(f) Subsidiary imprisonment forms part of the
The respective severity of the penalties is as follows: penalty.
(1) Death (repealed) (g) Indemnity is a penalty.
(2) Reclusion perpetua (h) Court must impose all the penalties for all the
(3) Reclusion temporal crimes of which the accused is found guilty, but
(4) Prision mayor in the service of the same, they shall not exceed
(5) Prision correccional three times the most severe and shall not
(6) Arresto mayor exceed 40 years.
(7) Arresto menor
(8) Destierro Mejorada v. Sandiganbayan (1987): The petitioner
(9) Perpetual absolute disqualification was convicted of violating Section 3(E) of RA No.
(10) Temporary absolute disqualification 3019 aka the Anti-Graft and Corrupt Practices Act.
(11) Suspension from public office, the right to vote,
and be voted for, the right to follow profession or One of the issues raised by the petitioner concerns
calling, and the penalty imposed by the Sandiganbayan which
(12) Public censure totals 56 years and 8 days of imprisonment.
The penalties which can be simultaneously served He impugns this as contrary to the three-fold rule
are: and insists that the duration of the aggregate
(1) Perpetual absolute disqualification penalties should not exceed 40 years.
(2) Perpetual special disqualification
(3) Temporary absolute disqualification Held:
(4) Temporary special disqualification Petitioner is mistaken in his application of the 3-fold
(5) Suspension rule as set forth in Art. 70 of the RPC.
(6) Destierro
(7) Public Censure This article is to be taken into account not in the
(8) Fine and Bond to keep the peace imposition of the penalty but in connection with the
(9) Civil interdiction service of the sentence imposed.
(10) Confiscation and payment of costs
Art. 70 speaks of “service” of sentence, “duration” of
(a) The above penalties, except destierro, can be penalty and penalty “to be inflicted”.
served simultaneously with imprisonment.
(b) Penalties consisting in deprivation of liberty Nowhere in the article is anything mentioned about
cannot be served simultaneously by reason of the “imposition of penalty”.
the nature of such penalties. It merely provides that the prisoner cannot be made
to serve more than three times the most severe of
Three-fold Rule: The maximum duration of the these penalties the maximum which is 40 years.
convict’s sentence shall not be more than three
times the length of time corresponding to the most Where the Penalty Is Not Composed of 3 Periods
severe of the penalties imposed upon him.
(a) The phrase “the most severe of the penalties” Art. 65. Rule in cases in which the penalty is not
includes equal penalties. composed of three periods. In cases in which the
(b) The three-fold rule applies only when the convict penalty prescribed by law is not composed of three
has to serve at least four sentences. periods, the courts shall apply the rules contained in
(c) All the penalties, even if by different courts at the foregoing articles, dividing into three equal
different times, cannot exceed three-fold the portions of time included in the penalty prescribed,
most severe. and forming one period of each of the three portions.
(d) The Rules of Court specifically provide that any
information must not charge more than one Meaning of the Rule
offense. (a) Compute and determine first the 3 periods of
(e) Necessarily, the various offense punished with the entire penalty.
different penalties must be charged under (b) The time included in the penalty prescribed
different informations which may be filed in the should be divided into 3 equal portions, after
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subtracting the minimum (eliminate the 1 day) (b) if the culprit shall have been prosecuted for a
from the maximum of the penalty. grave or less grave felony, and shall not
(c) The minimum of the minimum period should be exceed fifteen days, if for a light felony.
the minimum of the given penalty (including the
1 day). (3) When the principal imposed is higher than prision
(d) The quotient should be added to the minimum correccional,
prescribed (eliminate the 1 day) and the total will no subsidiary imprisonment shall be imposed
represent the maximum of the minimum period. upon the culprit.
(1) Take the maximum of the minimum period,
add 1 day and make it the minimum of the (4) If the principal penalty imposed is not to be
medium period; then add the quotient to executed by confinement in a penal institution,
the minimum (eliminate the 1 day) of the (a) but such penalty is of fixed duration,
medium period and the total will represent (b) the convict, during the period of time
the maximum of the medium period. established in the preceding rules,
(2) Take the maximum of the medium period, (c) shall continue to suffer the same
add 1 day and make it the minimum of the deprivations as those of which the principal
maximum period; then add the quotient to penalty consists.
the minimum (eliminate the 1 day) of the
maximum period and the total will (5) The subsidiary personal liability which the convict
represent the maximum of the maximum may have suffered by reason of his insolvency
period. shall not relieve him,
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CONSUMMATED
FRUSTRATED
How to determine penalty to be imposed DIAGRAM OF THE APPLICATION
ATTEMPTED
OF ARTS. 50-57:
General rule: The penalty prescribed by law in
general terms shall be imposed:
(a) Upon the principals
(b) For consummated felony
° °
PRINCIPALS 0 1 2
Exception: The exception is when the penalty to be ° ° °
imposed upon the principal in frustrated or ACCOMPLICES 1 2 3
attempted felony is fixed by law. ACCESSORIES 2
°
3
°
4
°
There are two ways to graduate penalties: The other figures represent the degrees to which the
(1) By Degrees, which is affected by the following penalty must be lowered, to meet the different
factors: situations anticipated by law.
(a) Stage of Execution (consummated,
frustrated, or attempted) Exceptions: Arts. 50 to 57 shall not apply to cases
(b) Extent of Participation (principal, where the law expressly prescribes the penalty for
accomplice, or accessory) frustrated or attempted felony, or to be imposed
(c) Privileged mitigating circumstances upon accomplices or accessories. (Art. 60).
(d) Qualifying circumstances
(e) Indeterminate Sentence Law (minimum, Art. 60. Exception to the rules established in Articles
which is within the range of the penalty 50 to 57. The provisions contained in Articles 50 to
°
1 lower than the penalty prescribed by the 57, inclusive, of this Code shall not be applicable to
RPC) cases in which the law expressly prescribes the
penalty provided for a frustrated or attempted
(2) By Periods (for divisible penalties, i.e., penalties felony, or to be imposed upon accomplices or
with minimum, medium, and maximum accessories.
periods), which is affected by the attendant
ordinary mitigating/aggravating circumstances A DEGREE is one entire penalty, one whole penalty
or one unit of the penalties enumerated in the
graduated scales provided for in Art. 71.
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The MINIMUM of the indeterminate penalty is within (a) Ex. reclusion temporal in its MAXIMUM period to
the range of the penalty next lower than that death
prescribed by the RPC for the offense. (b) The MEDIUM and MINIMUM period of the
divisible penalty and the MAXIMUM of that
Those rules also apply in lowering the penalty by one immediately following penalty is the penalty
or two degrees by reason of the presence of next lower in degree.
privileged mitigating circumstance (Arts. 68 and 69),
Death
or when the penalty is divisible and there are two or Penalty for the
Reclusion
more mitigating circumstances (generic) and no principal in
Perpetua
aggravating circumstance (Art. 64). consummated murder
Maximum
Reclusion Medium Penalty for
The lower penalty shall be taken from the graduated Temporal Minimum accomplice; or for
scale in Art. 71. principal in frustrated
Maximum
murder
Prision
The INDIVISIBLE PENALTIES are: Medium
Mayor
(1) death Minimum
(2) reclusion perpetua
(3) public censure THIRD RULE (b): When the penalty is composed of
one indivisible penalty and the maximum period of a
The DIVISIBLE PENALTIES are: divisible penalty.
(1) reclusion temporal (a) Ex. Reclusion temporal in its MAXIMUM period to
(2) prision mayor Reclusion perpetua
(3) prision correccional (b) The same rule shall be observed in lowering the
(4) arresto mayor penalty by one or two degrees.
(5) destierro
(6) arresto menor FOURTH RULE: When the penalty is composed of
several periods.
The divisible penalties are divided into three periods: (a) Ex. Prision Mayor in its MEDIUM period to
MINIMUM, MEDIUM AND THE MAXIMUM. Reclusion temporal in its MINIMUM period.
(b) This rule contemplates a penalty composed of at
FIRST RULE: When the penalty is single and least 3 periods.
indivisible. (c) The several periods must correspond to different
(a) Ex. reclusion perpetua divisible penalties.
(b) The penalty immediately following it is reclusion
temporal. Maximum
Reclusion
(c) Thus, reclusion temporal is the penalty next Medium
temporal
lower in degree. Minimum Penalty for the principal
Maximum in the consummated
Prision
SECOND RULE (a): When the penalty is composed of Medium felony
Mayor
two indivisible penalties Minimum Penalty for the
(a) Ex. reclusion perpetua to death Maximum accomplice; or principal
(b) The penalty immediately following the lesser of Prision
Medium in frustrated felony
the penalties, which is reclusion perpetua, is Correccional
Minimum
reclusion temporal.
FIFTH RULE (a): When the penalty has two periods
SECOND RULE (b): When the penalty is composed of Ex. Prision correccional in its MINIMUM and MEDIUM
one or more divisible penalties to be imposed to their periods
full extent
(a) Ex. prision correccional to prision mayor Maximum
(b) The penalty immediately following the lesser of Prision
Medium The penalty prescribed
the penalties of prision correccional to prision correccional
Minimum for the felony
mayor is arresto mayor. Maximum
Arresto Mayor Medium The penalty next lower
THIRD RULE (a): When the penalty is composed of
Minimum
two indivisible penalties and the maximum period of a
divisible penalty
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FIFTH RULE (b): When the penalty has one period. knowledge of them at the time of the execution of
(a) Ex. Prision Mayor in its MAXIMUM period the act or their cooperation therein.
(b) If the penalty is any one of the three periods of a (5) Habitual delinquency shall have the following
divisible penalty, the penalty next lower in degree effects:
shall be that period next following the given (a) Upon a third conviction the culprit shall be
penalty. sentenced to the penalty provided by law for
(c) The penalty immediately inferior is prision mayor the last crime of which he be found guilty and
in its MEDIUM period. to the additional penalty of prision
correccional in its medium and maximum
SIMPLIFIED RULES: periods;
(b) Upon a fourth conviction, the culprit shall be
The rules prescribed in pars. 4 and 5 of Art. 61 may sentenced to the penalty provided for the last
be simplified as follows: crime of which he be found guilty and to the
(1) If the penalty prescribed by the Code consists in additional penalty of prision mayor in its
3 periods, corresponding to different divisible minimum and medium periods; and
penalties, the penalty next lower in degree is the (c) Upon a fifth or additional conviction, the
penalty consisting in the 3 periods down in the culprit shall be sentenced to the penalty
scale. provided for the last crime of which he be
(2) If the penalty prescribed by the Code consists in found guilty and to the additional penalty of
2 periods, the penalty next lower in degree is the prision mayor in its maximum period to
penalty consisting in 2 periods down in the reclusion temporal in its minimum period
scale. (6) Notwithstanding the provisions of this article, the
(3) If the penalty prescribed by the Code consists in total of the two penalties to be imposed upon the
only 1 period, the penalty next lower in degree is offender, in conformity herewith, shall in no case
the next period down in the scale. exceed 30 years.
(7) For the purpose of this article, a person shall be
EFFECTS OF MITIGATING AND AGGRAVATING deemed to be habitual delinquent, is within a
CIRCUMSTANCES period of ten years from the date of his release or
last conviction of the crimes of serious or less
Art. 62.Effect of the attendance of mitigating or serious physical injuries, robo, hurto, estafa or
aggravating circumstances and of habitual falsification, he is found guilty of any of said
delinquency. crimes a third time or oftener.
Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account for
What are the effects of the attendance of mitigating
the purpose of diminishing or increasing the penalty
or aggravating circumstances?
in conformity with the following rules:
(1) Aggravating circumstances which are not
(1) Aggravating circumstances which in themselves
considered for the purpose of increasing the
constitute a crime specially punishable by law or
penalty:
which are included by the law in defining a crime
(a) Those that constitute a separate crime
and prescribing the penalty therefor shall not be
punishable by law.
taken into account for the purpose of increasing
(b) Those that are inherent in the crime
the penalty.
committed:
(2) The same rule shall apply with respect to any
(i) Included by law in defining the crime
aggravating circumstance inherent in the crime
(ii) Inherent in the crime but of necessity they
to such a degree that it must of necessity
accompany the commission thereof
accompany the commission thereof.
(2) Aggravating or mitigating circumstances that
(3) Aggravating or mitigating circumstances which
serve to aggravate or mitigate the liability of the
arise from the moral attributes of the offender, or
offender to whom such are attendant. Those
from his private relations with the offended party,
arising from:
or from any other personal cause, shall only serve
(a) Moral attributes of the offender
to aggravate or mitigate the liability of the
(b) His private relations with the offended party
principals, accomplices and accessories as to
(c) Any other personal cause
whom such circumstances are attendant.
(3) Aggravating or mitigating circumstances that
(4) The circumstances which consist in the material
affect the offenders only who had knowledge of
execution of the act, or in the means employed to
them at the time of the execution of the act or
accomplish it, shall serve to aggravate or mitigate
their cooperation therein.
the liability of those persons only who had
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What are the legal effects of habitual delinquency? Art. 63. Rules for the application of indivisible
Third conviction. The culprit is sentenced to the penalties.
penalty for the crime committed and to the (1) In all cases in which the law prescribes a single
additional penalty of prision correccional in its indivisible penalty,
medium and maximum period. (2) it shall be applied by the courts regardless of any
mitigating or aggravating circumstances that
Fourth conviction. The penalty is that provided by law may have attended the commission of the deed.
for the last crime and the additional penalty of (3) In all cases in which the law prescribes a penalty
prision mayor in its minimum and medium periods. composed of two indivisible penalties,
(4) the following rules shall be observed in the
Fifth or additional conviction. The penalty is that application thereof:
provided by law for the last crime and the additional (a) When in the commission of the deed there is
penalty of prision mayor in its maximum period to present only one aggravating circumstance,
reclusion temporal in its minimum period. the greater penalty shall be applied.
(b) When there are neither mitigating nor
Note: aggravating circumstances and there is no
(a) In no case shall the total of the 2 penalties aggravating circumstance, the lesser penalty
imposed upon the offender exceed 30 years. shall be applied.
(b) The law does not apply to crimes described in Art. (c) When the commission of the act is attended
155. by some mitigating circumstances and there is
(c) The imposition of the additional penalty on no aggravating circumstance, the lesser
habitual delinquents are CONSTITUTIONAL penalty shall be applied.
because such law is neither an EX POST FACTO (d) When both mitigating and aggravating
LAW nor an additional punishment for future circumstances attended the commission of
crimes. the act, the court shall reasonably allow them
(d) It is simply a punishment on future crimes on to offset one another in consideration of their
account of the criminal propensities of the number and importance, for the purpose of
accused. applying the penalty in accordance with the
(e) The imposition of such additional penalties is preceding rules, according to the result of
mandatory and is not discretionary. such compensation.
(f) Habitual delinquency applies at any stage of the
execution because subjectively, the offender Rules for the application of indivisible penalties:
reveals the same degree of depravity or perversity (a) Penalty is single and indivisible
as the one who commits a consummated crime. (1) The penalty shall be applied regardless of
(g) It applies to all participants because it reveals the presence of mitigating or aggravating
persistence in them of the inclination to circumstances.
wrongdoing and of the perversity of character (2) Ex. reclusion perpetua or death
that led them to commit the previous crime. (b) Penalty is composed of 2 indivisible penalties:
(1) One aggravating circumstance present:
Cases where attending aggravating or mitigating HIGHER penalty
circumstances are not considered in the imposition of (2) No mitigating circumstances present:
penalties LESSER penalty
(1) Penalty that is single and indivisible (3) Some mitigating circumstances present and
(2) Felonies through negligence no aggravating: LESSER penalty
(3) When the penalty is a fine (4) Mitigating and aggravating circumstances
(4) When the penalty is prescribed by a special law. offset each other
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provides that when the commission of the act is exceed the penalty provided by law in its
attended by some mitigating circumstance and there maximum period): MAXIMUM PERIOD
is no aggravating circumstance, the lesser penalty (4) Mitigating and aggravating circumstances
shall be applied. present:
to offset each other according to relative weight
Art. 64. Rules for the application of penalties which (5) 2 or more mitigating and no aggravating:
contain three periods. one degree lower (has the effect of a privileged
(1) In cases in which the penalties prescribed by law mitigating circumstance)
contain three periods,
(2) whether it be a single divisible penalty or NOTE: Art. 64 does not apply to:
composed of three different penalties, (1) indivisible penalties
(3) each one of which forms a period in accordance (2) penalties prescribed by special laws
with the provisions of Articles 76 and 77, (3) fines
(4) the court shall observe for the application of the (4) crimes committed by negligence
penalty the following rules, according to whether
there are or are not mitigating or aggravating
circumstances: Art. 67. Penalty to be imposed when not all the
(a) When there are neither aggravating nor requisites of exemption of the fourth circumstance of
mitigating circumstances, they shall impose Article 12 are present.
the penalty prescribed by law in its medium When all the conditions required in circumstances
period. Number 4 of Article 12 of this Code to exempt from
(b) When only a mitigating circumstances is criminal liability are not present,
present in the commission of the act, they
shall impose the penalty in its minimum the penalty of arresto mayor in its maximum period
period. to prision correccional in its minimum period shall be
(c) When an aggravating circumstance is present imposed upon the culprit if he shall have been guilty
in the commission of the act, they shall of a grave felony,
impose the penalty in its maximum period.
(d) When both mitigating and aggravating and arresto mayor in its minimum and medium
circumstances are present, the court shall periods, if of a less grave felony.
reasonably offset those of one class against
the other according to their relative weight. Penalty to be imposed if the requisites of accident
(e) When there are two or more mitigating (Art. 12 par 4) are not all present:
circumstances and no aggravating (a) GRAVE FELONY: arresto mayor maximum period
circumstances are present, the court shall to prision correccional minimum period
impose the penalty next lower to that (b) LESS GRAVE FELONY: arresto mayor minimum
prescribed by law, in the period that it may period and medium period
deem applicable, according to the number
and nature of such circumstances. Art. 69. Penalty to be imposed when the crime
(f) Whatever may be the number and nature of committed is not wholly excusable. A penalty lower by
the aggravating circumstances, the courts one or two degrees than that prescribed by law shall
shall not impose a greater penalty than that be imposed if the deed is not wholly excusable by
prescribed by law, in its maximum period. reason of the lack of some of the conditions required
(g) Within the limits of each period, the court to justify the same or to exempt from criminal
shall determine the extent of the penalty liability in the several cases mentioned in Article 11
according to the number and nature of the and 12, provided that the majority of such conditions
aggravating and mitigating circumstances be present. The courts shall impose the penalty in
and the greater and lesser extent of the evil the period which may be deemed proper, in view of
produced by the crime. the number and nature of the conditions of
exemption present or lacking.
Rules for the application of DIVISIBLE PENALTIES
(1) No aggravating and No mitigating: MEDIUM Penalty to be imposed when the crime committed is
PERIOD not wholly excusable:
(2) One mitigating: MINIMUM PERIOD (a) One or two degrees lower
(3) One aggravating: (but regardless of the number
of aggravating circumstances, the courts cannot
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(b) if the majority of the conditions for justification or pregnant wife, Feliber, his 2yr old son, Kenneth, his
exemption in the cases provided in Arts. 11 and 12 nephew Kevin and his sister-in-law.
are present.
At an intersection, their two vehicles almost collided.
People v. Lacanilao (1988): Incomplete fulfillment of Gonzales continued driving while Andres tailed
duty is a privileged mitigating circumstance which Gonzales’ vehicle and cut him off when he found the
not only cannot be offset by aggravating opportunity to do so, then got out of his vehicle and
circumstances but also reduces the penalty by one or knocked on the appellant's car window.
two degrees than that prescribed b law. The
governing provision is Art. 69 of the RPC. Heated exchange of remarks followed. On his way
back to his vehicle, he met Gonzales son, Dino.
Special rules for certain situations Andres had a shouting match this time with Dino.
Complex Crimes Gonzales then alighted from his car and fired a
Art. 48. Penalty for complex crimes. — When a single single shot at the last window on the left side of
act constitutes two or more grave or less grave Andres' vehicle at an angle away from Andres.
felonies, or when an offense is a necessary means for
committing the other, the penalty for the most The single bullet fired hit Kenneth, Kevin and Feliber
serious crime shall be imposed, the same to be which caused the latter’s death.
applied in its maximum period.
Held: The rules on the imposition of penalties for
complex crimes under Art. 48 of the Revised Penal
The rule for complex crimes is to impose the penalty
Code are not applicable in this case.
for the most serious offense in its MAXIMUM period.
Art. 48 applies if a single act constitutes two or more
Monteverde v. People (2002): Monteverde was grave and less grave felonies or when an offense is a
purportedly charged with the complex crime of necessary means of committing another; in such a
estafa through falsification of a commercial case, the penalty for the most serious offense shall
document for allegedly falsifying the document she be imposed in its maximum period.
had submitted to show that the money donated by
PAGCOR was used and spent for lighting materials Considering that the offenses committed by the act
for her barangay. of the appellant of firing a single shot are: one count
Held: of homicide, a grave felony, and two counts of slight
Under Article 48 of the Revised Penal Code, a physical injuries, a light felony, the rules on the
complex crime refers to: imposition of penalties for complex crimes, which
(1) the commission of at least two grave or less requires two or more grave and/or less grave
grave felonies that must both (or all) be the felonies, will not apply.
result of a single act, or
(2) one offense must be a necessary means for
committing the other (or others). People v. Comadre (2004): The underlying philosophy
of complex crimes in the Revised Penal Code, which
Using the above guidelines, the acts cannot follows the pro reo principle, is intended to favor the
constitute a complex crime. accused by imposing a single penalty irrespective of
the crimes committed.
Specifically, the alleged actions showing falsification
of a public and/or a commercial document were not The rationale being, that the accused who commits
necessary to commit estafa. two crimes with single criminal impulse
demonstrates lesser perversity than when the crimes
Neither were the two crimes the result of a single act. are committed by different acts and several criminal
resolutions.
People v. Gonzalez: Both of the families of Andres The single act by appellant of detonating a hand
and that of Gonzalez were on their way to the exit of grenade may quantitatively constitute a cluster of
the Loyola Memorial Park. several separate and distinct offenses, yet these
component criminal offenses should be considered
Gonzales was driving with his grandson and 3 only as a single crime in law on which a single
housemaids, while Andres was driving with his penalty is imposed because the offender was
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impose upon him the penalty of arresto mayor or a (1) If after hearing the evidence in the proper
fine from 200 to 500 pesos. proceedings, the court should find that the
youthful offender has committed the acts
Depending upon the social danger and the degree of charged against him
criminality shown by the offender, the penalty for (2) the court shall determine the imposable penalty,
impossible crimes is arresto mayor or fine of P200- including any civil liability chargeable against
P500. him.
(3) However, instead of pronouncing judgment of
Plural Crimes (supra) conviction, the court shall suspend all further
proceedings and shall commit such minor to the
Additional Penalty for Certain Accessories custody or care of the Department of Social
Art. 58.Additional penalty to be imposed upon certain Welfare, or to any training institution
accessories. (4) until he shall have reached twenty-one years of
Those accessories falling within the terms of age or, for a shorter period as the court may
paragraphs 3 of Article 19 of this Code deem proper,
(5) after considering the reports and
who should act with abuse of their public functions, recommendations of the Department of Social
Welfare or the agency or responsible individual
shall suffer the additional penalty of under whose care he has been committed.
(a) absolute perpetual disqualification if the
principal offender shall be guilty of a grave The youthful offender shall be subject to visitation
felony, and that and supervision
(b) of absolute temporary disqualification if he shall
be guilty of a less grave felony. by a representative of the Department of Social
Welfare or any duly licensed agency or such other
Absolute perpetual disqualification if the principal officer as the court may designate subject to such
offender is guilty of a grave felony. conditions as it may prescribe.
Absolute temporary disqualification if the principal (a) Art. 68 applies to such minor if his application for
offender is guilty of a less grave felony. suspension of sentence is disapproved or if while
in the reformatory institution he becomes
Where the Offender Is Below 18 Years incorrigible in which case he shall be returned to
the court for the imposition of the proper penalty.
Art. 68. Penalty to be imposed upon a person under
(b) 9 to 15 years only with discernment: at least 2
eighteen years of age.
degrees lower.
When the offender is a minor under eighteen years
(c) 15 to 18 years old: penalty next lower
(d) Except if the act is attended by two or more
and his case is one coming under the provisions of
mitigating and no aggravating circumstance, the
the paragraphs next to the last of Article 80 of this
penalty being divisible, a minor over 15 but under
Code,
18 years old may still get a penalty two degrees
lower.
the following rules shall be observed:
(e) Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES
(1) Upon a person under fifteen but over nine years
of age, who is not exempted from liability by
EXECUTION AND SERVICE
reason of the court having declared that he
EXECUTION OF PENALTIES
acted with discernment, a discretionary penalty
shall be imposed, but always lower by two Art. 78. When and how a penalty is to be executed.
degrees at least than that prescribed by law for No penalty shall be executed except by virtue of a
the crime which he committed. final judgment.
(2) Upon a person over fifteen and under eighteen
years of age the penalty next lower than that A penalty shall not be executed in any other form
prescribed by law shall be imposed, but always than that prescribed by law, nor with any other
in the proper period. circumstances or incidents than those expressly
authorized thereby.
PD No. 603. ART. 192. Suspension of Sentence and In addition to the provisions of the law, the special
Commitment of Youthful Offender.
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regulations prescribed for the government of the (b) When a person fails to give bond for good
institutions in which the penalties are to be suffered behavior (art. 284);
shall be observed with regard to (c) As a penalty for the concubine in the crime of
(a) the character of the work to be performed, concubinage (Art. 334);
(b) the time of its performance, and other incidents (d) When after lowering the penalty by degrees,
connected therewith, destierro is the proper penalty.
(c) the relations of the convicts among themselves
and other persons, Art. 88. Arresto menor. The penalty of arresto menor
(d) the relief which they may receive, and shall be served in the municipal jail, or in the house
(e) their diet. of the defendant himself under the surveillance of an
officer of the law,
The regulations shall make provision for the when the court so provides in its decision, taking into
separation of the sexes in different institutions, or at consideration the health of the offender and other
least into different departments and also for the reasons which may seem satisfactory to it.
correction and reform of the convicts.
Service of the penalty of arresto menor:
(a) The judgment must be final before it can be (a) In the municipal jail
executed, because the accused may still appeal (b) In the house of the offender, but under the
within 15 days from its promulgation. surveillance of an officer of the law For health or
(b) But if the defendant has expressly waived in other good reasons as determined by the court.
writing his right to appeal, the judgment
becomes final and executory. In the Matter of the petition for Habeas Corpus of Pete
Lagran (2001): The accused was convicted of 3
See Rules and Regulations to implement RA No. counts of violating BP22 and was sentenced to
8177 under Capital Punishment. imprisonment of 1 year for each count.
Art. 86. Reclusion perpetua, reclusion temporal, He was detained on Feb. 24, 1999.
prision mayor, prision correccional and arresto mayor.
The penalties of reclusion perpetua, reclusion On Mar. 19, 2001, he filed a petition for habeas
temporal, prision mayor, prision correccional and corpus claiming he completed the service of his
arresto mayor, shall be executed and served in the sentence.
places and penal establishments provided by the
Administrative Code in force or which may be Citing Art. 70, RPC, he claimed that he shall serve
provided by law in the future. the penalties simultaneously.
Art. 87. Destierro. Any person sentenced to destierro Thus, there is no more legal basis for his detention.
shall not be permitted to enter the place or places
designated in the sentence, nor within the radius Held: Art. 70 allows simultaneous service of two or
therein specified, which shall be not more than 250 more penalties only if the nature of the penalties so
and not less than 25 kilometers from the place permit.
designated.
In the case at bar, the petitioner was sentenced to
suffer one year imprisonment for every count of the
Convict shall not be permitted to enter the place
offense committed.
designated in the sentence nor within the radius
specified,
The nature of the sentence does not allow petitioner
to serve all the terms simultaneously.
which shall not more than 250 and not less than 25
km from the place designated.
The rule of successive service of sentence must be
applied.
If the convict enters the prohibited area, he commits
evasion of sentence.
PROBATION LAW (PD 968, AS AMENDED)
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The court may also require the probationer to: Offenders who are disqualified are those:
(a) Cooperate with a program of supervision; (a) Sentenced to serve a maximum term of
(b) Meet his family responsibilities; imprisonment of more than six years;
(c) Devote himself to a specific employment and (b) Convicted of subversion or any offense against
not to change said employment without the the security of the State, or the Public Order;
prior written approval of the probation officer; (c) Who have previously been convicted by final
(d) Undergo medical, psychological or psychiatric judgment of an offense punished by
examination and treatment and enter and imprisonment of not less than one month and
remain in a specified institution, when required one day and/or a fine of not more than Two
for that purpose; Hundred Pesos;
(e) Pursue a prescribed secular study or vocational (d) Who have been once on probation under the
training; provisions of this Decree; and
(f) Attend or reside in a facility established for (e) Who are already serving sentence at the time
instruction, recreation or residence of persons on the substantive provisions of PD 968 became
probation; applicable pursuant to Sec. 33 hereof (Effectivity
(g) Refrain from visiting houses of ill-repute; clause: PD 968’s substantive provisions took
(h) Abstain from drinking intoxicating beverages to effect on 3 January 1978)
excess;
(i) Permit the probation officer or an authorized Period of probation (Sec. 14)
social worker to visit his home and place of work; (a) The period of probation of a defendant
(j) Reside at premises approved by it and not to sentenced to a term of imprisonment of not
change his residence without its prior written more than one year shall not exceed 2 years, and
approval; or in all other cases, said period shall not exceed 6
(k) Satisfy any other condition related to the years.
rehabilitation of the defendant and not unduly (b) When the sentence imposes a fine only and the
restrictive of his liberty or incompatible with his offender is made to serve subsidiary
freedom of conscience. imprisonment in case of insolvency, the period of
probation shall not be less than nor be more
Criteria of placing an offender on probation (Sec. 8) than twice the total number of days of subsidiary
In considering whether an offender may be placed pn imprisonment as computed at the rate
probation, the court shall consider all information established in Art. 39 of the RPC, as amended.
relative to the: [Sec. 14]
(1) character,
(2) antecedents, Question: When is the period for filing of probation?
(3) environment, Answer: Filing period is within the period for
(4) mental, and perfecting an appeal.
(5) physical condition of the offender
(6) available institutional and community resources Question: Where do you file your probation
application?
Probation shall be denied if the court finds that: Answer: Trial Court
(1) The offender is in need of correctional treatment
that can be provided most effectively by his Question: Does the law allow the simultaneous filing
commitment to an institution; or of probation and appeal?
(2) There is undue risk that during the period of Answer: No. It’s either you file for probation or you
probation the offender will commit another file for appeal. Only one choice, if you choose one
crime; or then you are barred from using the other.
(3) Probation will depreciate the seriousness of the
offense committed. Question: When shall probation be denied?
Answer: Probation shall be denied when:
Disqualified offenders (1) the offender is in need of correctional treatment
Probation under PD No. 968, as amended, is that can be provided most effectively by his
intended for offenders who are 18 years of age and commitment to an institution.
above, and who are not otherwise disqualified by (2) there is undue risk that during the probation, the
law. offender will commit another crime.
(3) probation will deprecate the seriousness of the
offense committed.
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Question: What if the offender violates the conditions hearing. If the violation is established, the court may
of his probation? revoke or continue his probation and modify the
Answer: S/He shall serve the penalty imposed for the conditions thereof. If revoked, the court shall order
offense under which s/he was placed on probation. the probationer to serve the sentence originally
imposed. An order revoking the grant of probation or
Question: How long may a convict be placed on modifying the terms and conditions thereof shall not
probation? be appealable.
Answer:
(1) if the convict is sentence to imprisonment of not SUSPENSION IN CASE OF INSANITY OR MINORITY
more than one year, probation shall not exceed Suspension of the execution and service of the
two years penalties in case of insanity. (Sec. 79)
(2) if s/he sentenced to more than one year, When a convict shall become insane or an imbecile
probation shall not exceed six years. after final sentence has been pronounced, the
(3) if the sentence is only a fine (offender in this execution of said sentence shall be suspended only
case is made to suffer subsidiary imprisonment), with regard to the personal penalty, the provisions of
probation Shall be not less than nor more than the second paragraph of circumstance number 1 of
twice the total days of subsidiary imprisonment. Article 12 being observed in the corresponding cases.
Question: Does the probation law apply to Drug If at any time the convict shall recover his reason, his
Traffickers and Pushers? sentence shall be executed, unless the penalty shall
Answer: NO have prescribed in accordance with the provisions of
this Code.
Section 24 of RA 9165 (The Comprehensive
Dangerous Drugs Act) states that: The respective provisions of this section shall also be
observed if the insanity or imbecility occurs while the
Non-Applicability of the Probation Law for Drug convict is serving his sentence.
Traffickers and Pushers. – Any person convicted for
drug trafficking or pushing under this Act, regardless Only execution of personal penalty is suspended: civil
of the penalty imposed by the Court, cannot avail of liability may be executed even in case of insanity of
the privilege granted by the Probation Law or convict.
Presidential Decree No. 968, as amended.
An accused may become insane:
Lagrosa vs. People (2003):A person who appeals his (1) at the time of commission of the crime
conviction for purposes of reducing the penalty to exempt from criminal liability
that which is within the probationable limit may still (2) at the time of the trial
apply for probation. court shall suspend hearings and order his
confinement in a hospital until he recovers
Arrest of probationer (Sec. 15) his reason
(3) at the time of final judgment or while serving
At any time during probation, the court may issue a sentence
warrant for the arrest of a probationer for any serious execution suspended with regard to the
violation of the conditions of probation. The personal penalty only
probationer, once arrested and detained, shall
immediately be brought before the court for a Minority
hearing of the violation charged. The defendant may Please refer to succeeding subsection on RA 9344 and
be admitted to bail pending such hearing. In such PD 603
case, the provisions regarding release on bail of
persons charged with a crime shall be applicable to
probationers arrested under this provision.
In the hearing, which shall be summary in nature, the Termination of probation; exception (Sec. 16)
probationer shall have the right to be informed of the After the period of probation and upon consideration
violation charged and to adduce evidence in his of the report and recommendation of the probation
favor. The court shall not be bound by the technical officer, the court may order the final discharge of the
rules of evidence but may inform itself of all the facts probationer upon finding that he has fulfilled the
which are material and relevant to ascertain the terms and conditions of his probation and
veracity of the charge. The State shall be thereupon, the case is deemed terminated.
represented by a prosecuting officer in any contested
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The final discharge of the probationer shall operate UNLESS the child acted with discernment, in
to restore to him all civil rights lost or suspended as which case, such child shall be subjected to the
a result of his conviction and to fully discharge his appropriate proceedings in accordance with RA
liability for any fine imposed as to the offense for 9344
which probation was granted.
Exemption from criminal liability herein established
The probationer and the probation officer shall each does not include exemption from civil liability, which
be furnished with a copy of such order. shall be enforced in accordance with existing laws.
(Sec. 6, RA 9344)
The expiration of the probation period alone does
not automatically terminate probation. Probation is RA 9344 COMPARED TO PD 603
not coterminous with its period. There must first be (1) Minimum age of criminal responsibility
issued by the court, an order of final discharge based
on the report and recommendation of the probation PD 603
officer. Only from such issuance can the case of the Sec. 189.EXEMPT from criminal liability:
probationer be deemed terminated. [Bala v. (a) Child 9 years of age or under at time of
Martinez] commission of offense
(b) 9 ≤ Age of child at time of commission of offense
THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 ≤ 15 (UNLESS s/he acted with discernment
(RA 9165)
RA 9344
Exception: Child under 15 years of age shall be exempt from
Non-applicability of the Probation Law for drug criminal liability, regardless of whether or not s/he
traffickers and pushers – Any person convicted for acted with discernment
drug trafficking or pushing under this Act, regardless
of the penalty imposed by the Court, cannot avail of (2) Discernment
the privilege granted by the Probation Law or PD
968, as amended. [Sec. 24, RA 9344] PD 603 (Secs. 189 & 192)
Child over 9 years and under 15 years of age who
JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA acted w/ discernment – court shall determine
9344); CHILD AND YOUTH WELFARE CODE (PD 603, AS imposable penalty, including any civil liability
AMENDED) chargeable against him.
See also discussion of RA 9344 under Exempting However, instead of pronouncing judgment of
Circumstances conviction, the court, upon application of the
youthful offender and if it finds that the best interest
Definition of child in conflict with the law (Sec. 4) of the public as well as that of the offender will be
served thereby, may suspend all further proceedings
Child in conflict with the law – a child who is alleged and shall commit such minor to the custody or care
as, accused of, or adjudged as, having committed an of the DSWD or to any training institution operated
offense under Philippine laws by the government, or duly licensed agencies or any
other responsible person, until he shall have reached
Child – a person under 18 years 21 years of age or, for a shorter period as the court
may deem proper.
Exemption from criminal liability
RA 9344
(1) Child 15 years of age or under at the time of the Child above 15 years but below 18 years of age who
commission of the offense = EXEMPT from acted with discernment shall be subjected to the
criminal liability appropriate proceedings in accordance with the Act.
However, the child shall be subjected to an
intervention program (per Sec. 20 of RA 9344) (3) Suspension of sentence
(2) Child above 15 years but below 18 years of age PD 603 (Sec. 193)
(15 ≤ Age of child at time of commission of No automatic suspension of sentence.
offense ≤ 18) = EXEMPT from criminal liability
and subjected to intervention program The youthful offender should apply for a suspended
sentence and it is discretionary on the court to
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approve the application. The order of the court Community-based Programs on Juvenile Justice and
denying an application for suspension of sentence Welfare
shall not be appealable. Community-based programs on juvenile justice and
welfare shall be instituted by the LGUs through the
RA 9344 LCPC, school, youth organizations and other
Suspension of sentence is automatic concerned agencies. The LGUs shall provide
community-based services which respond to the
Juvenile justice and welfare system special needs, problems, interests and concerns of
children and which offer appropriate counselling and
Juvenile Justice and Welfare System – refers to a guidance to them and their families. These programs
system dealing with children at risk and children in shall consist of three levels:
conflict with the law, which provides child-
appropriate proceedings, including programs and (a) Primary intervention includes general measures
services for prevention, diversion, rehabilitation, re- to promote social justice and equal opportunity,
integration and aftercare to ensure their normal which tackle perceived root causes of offending;
growth and development. [Sec. 4(m), RA 9344] (b) Secondary intervention includes measures to
assist children at risk; and
Diversion – refers to an alternative, child-appropriate (c) Tertiary intervention includes measures to avoid
process of determining the responsibility and unnecessary contact with the formal justice
treatment of a child in conflict with the law on the system and other measures to prevent re-
basis of his/her social, cultural, economic, offending. [Sec. 19, RA 9344]
psychological, or educational background without
resulting to formal court proceedings. System of Diversion
Children in conflict with the law shall undergo
Diversion Program – refers to the program that the diversion programs without undergoing court
child in conflict with the law is required to undergo proceedings subject to the conditions herein
after he/she is found responsible for an offense provided:
without resorting to formal court proceedings. [Sec.
4(j), RA 9344] (a) Where the imposable penalty for the crime
committee is not more than six (6) years
Development of a Comprehensive Juvenile imprisonment, the law enforcement officer or
Intervention Program Punong Barangay with the assistance of the local
(1) A Comprehensive juvenile intervention program social welfare and development officer or other
covering at least a 3-year period shall be instituted in members of the LCPC shall conduct mediation,
LGUs from the barangay to the provincial level. family conferencing and conciliation and, where
(2) The LGUs shall set aside an amount necessary to appropriate, adopt indigenous modes of conflict
implement their respective juvenile intervention resolution in accordance with the best interest of the
programs in their annual budget. child with a view to accomplishing the objectives of
(3) The LGUs, in coordination with the LCPC, shall restorative justice and the formulation of a diversion
call on all sectors concerned, particularly the child- program. The child and his/her family shall be
focused institutions, NGOs, people's organizations, present in these activities.
educational institutions and government agencies
involved in delinquency prevention to participate in (b) In victimless crimes where the imposable penalty
the planning process and implementation of juvenile is not more than six (6) years imprisonment, the local
intervention programs. Such programs shall be social welfare and development officer shall meet
implemented consistent with the national program with the child and his/her parents or guardians for
formulated and designed by the JJWC. The the development of the appropriate diversion and
implementation of the comprehensive juvenile rehabilitation program, in coordination with the
intervention program shall be reviewed and assessed BCPC;
annually by the LGUs in coordination with the LCPC.
Results of the assessment shall be submitted by the (c) Where the imposable penalty for the crime
provincial and city governments to the JJWC not later committed exceeds six (6) years imprisonment,
than March 30 of every year. [Sec. 18, RA9344] diversion measures may be resorted to only by the
court. [Sec. 23, RA 9344]
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Answer: The information can no longer be filed on Computation of Prescription of Offenses (Art. 91)
the next day as the crime has already prescribed. (1) Commences to run from the day on which the
crime is discovered by the offended party, the
Prescriptive Periods of Crimes authorities or their agents.
(1) Crimes punishable by death, (2) Interrupted by the filing of complaint or
20 years
reclusion perpetua or reclusion information
(2) temporal (3) It shall commence to run again when such
(3) Afflictive penalties 15 years proceedings terminate without the accused
10 years being convicted or acquitted, or unjustifiably
(4) Correctional penalties stopped for any reason not imputable to the
5 years
Note: Those punishable by accused.
arresto mayor Note: Termination must be FINAL as to
The highest
penalty shall amount to a jeopardy that would bar a
Note: When the penalty fixed law subsequent prosecution.
be made a
is a compound one (4) The term of prescription shall not run when the
basis
(5) Libel 1 year offender is absent from the Philippine
(6) Oral defamation and slander by archipelago.
6 months (5) For continuing crimes, prescriptive period cannot
deed
(7) Simple slander 2 months begin to run because the crime does not end.
(8) Grave slander 6 months
PRESCRIPTION OF PENALTIES
(9) Light offenses 2 months
(10) Crimes punishable by fines
Definition: The loss or forfeiture of the right of the
a) Fine is afflictive 15 years government to execute the final sentence after the
b) Fine is correctional 10 years lapse of a certain period of time.
c) Fine is light 2 months
Note: Subsidiary penalty for Prescriptive Periods of Penalties
nonpayment not considered
Death and reclusion perpetua 20 years
in determining the period
Other afflictive penalties 15 years
Note: When fine is an
Correctional penalties 10 years
alternative penalty higher
than the other penalty Note: If arresto mayor 5 years
which is by imprisonment, Light penalties 1 year
prescription of the crime is
based on the fine. Computation of Prescription of Penalties (Art. 93)
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Pardon by the Chief Pardon by the Offended If an offender was convicted for rebellion and he
Executive Party qualified for amnesty, and so he was given an
amnesty, then years later he rebelled again and
concubinage, by the convicted, is he a recidivist?
express or implied pardon
by the offended spouse. No. Because the amnesty granted to him erased not
Cannot include civil The offended party can only the conviction but also the effects of the
liabilities which the waive the civil liability conviction itself.
offender must pay. which the offender must
pay. Suppose, instead of amnesty, what was given was
absolute pardon, then years later, the offended was
Conditional or Absolute Cannot be conditional
again captured and charged for rebellion, he was
Granted only after the Pardon should be given convicted, is he a recidivist?
conviction. before the institution of
criminal prosecution. Yes. Pardon, although absolute does not erase the
effects of conviction. Pardon only excuses the convict
AMNESTY from serving the sentence. There is an exception to
An act of the sovereign power granting oblivion or this and that is when the pardon was granted when
general pardon for a past offense. the convict had already served the sentence such
that there is no more service of sentence to be
Rarely exercised in favor of a single individual; executed then the pardon shall be understood as
usually extended in behalf of certain classes of intended to erase the effects of the conviction.
persons who are subject trial but have not yet been
convicted. So if the convict has already served the sentence and
in spite of that he was given a pardon that pardon
Erases not only the conviction but the crime itself. will cover the effects of the crime and therefore, if he
will be subsequently convicted for a felony
Difference between Amnesty and Absolute Pardon embracing the same title as that crime, he cannot be
considered a recidivist, because the pardon wipes out
Amnesty Absolute Pardon
the effects of the crime.
Blanket pardon to classes Includes any crime and is
of persons, guilty of exercised individually But if he was serving sentence when he was
political offenses pardoned, that pardon will not wipe out the effects
of the crime, unless the language of the pardon
May still be exercised The person is already absolutely relieve the offender of all the effects
before trial or convicted thereof. Considering that recidivism does not
investigation prescribe, no matter how long ago was the first
Looks backward- it is as if Looks forward- he is conviction, he shall still be a recidivist.
he has committed no relieved from the
offense consequences of the LAWS IN SC SYLLABUS:
offense, but rights not (1) Act Prohibiting the Imposition of Death Penalty
restored unless explicitly in the Philippines (RA 9346)
provided by the terms of (2) Anti-Violence Against Women and Their
the pardon Children Act of 2004 (RA 9262)
(3) Juvenile Justice and Welfare Act of 2006 (RA
Both do not extinguish civil liability
9344);
Public act which the court Private act of the (4) Child and Youth Welfare code (PD 603, as
shall take judicial notice President and must be amended)
of pleaded and proved by (5) Decree Codifying the Laws on Illegal/ Unlawful
the person pardoned Possession, Manufacture, Dealing in, Acquisition
Valid only when there is Valid if given either before or Disposition, of Firearms, Ammunition or
final judgment or after final judgment Explosives (P.D. 1866, as amended by R.A. No.
8294)
(6) The Comprehensive Dangerous Drugs Act of
The effects of amnesty as well as absolute pardon
2002 (R.A. No. 9165)
are not the same. Amnesty erases not only the
conviction but also the crime itself.
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Title I. Crimes against (2) Inciting to War or Giving Motives for Reprisals
(Art 118) – This can be committed even if the
National Security and the Law Philippines is not a participant.
(3) Violation of Neutrality (Art. 119) – The
of Nations Philippines is not a party to an on-going war.
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The levying of war must be directed against the The crime of treason is of such a nature that it may
government. It must be with intent to overthrow the be committed by one single act, by a series of acts, or
government as such, not merely to resist a particular by several series thereof, not only in a single time,
statute or to repel a particular officer. [Reyes, 2008; but in different times, it being a continuous crime.
th
citing 3 Wharton’s Criminal Law, 12 Ed.] [People vs. Victoria]
Treason cannot be proved by circumstantial evidence
The levying of war must be in collaboration with a or by the extrajudicial confession of the accused.
foreign enemy. If the levying of war is merely a civil
uprising, without any intention of helping an external Two Ways of Proving Treason
enemy, the crime is not treason. The offenders may (1)Testimony of at least two witnesses to the same
be held liable for rebellion under Article 135 in overt act; or
relation to Article 134 of the RPC. [Reyes, 2008] (2)Confession of accused in open court.[Article 114,
par.2, RPC]
Mode 2: Adherence to the Enemy
Adherence and giving aid or comfort to the enemy The Two-witness Rule
must concur. Adherence to the enemy means intent The testimony of two witnesses is required to prove
to betray. Aid or comfort means an act which the overt act of giving aid or comfort. It is not
strengthens or tends to strengthen the enemy in the necessary to prove adherence. Each of the witness
conduct of war against the traitor’s country and an must testify to the whole overt act; or if it is
act which weakens or tends to weaken the power of separable, there must be two witnesses to each part
the traitor’s country to resist or to attack the enemy. of the overt act. [People vs. Escleto]
[Cramer vs. US]
Adherence may be proved:
When there is no adherence to the enemy, the act (1) By one witness,
which may do aid or comfort to the enemy does not (2) From the nature of the act itself, or
amount to treason. [Reyes, 2008] (3) From the circumstances surrounding the act.
Acceptance of public office and discharge of official Adherence need not be proven by two witness
duties under the enemy do not constitute per se the testimonies – may be inferred from one witness, or
felony of treason. But when there is adherence to the from the nature of the act itself or other
enemy, then such constitute treason. [People vs. circumstances [People vs. Adriano]
Sison]
Reason why Two-witness Rule does not apply to
The term “enemies” applies only to the subjects of a adherence: Adherence to the enemy is a state of
foreign power in a state of hostility with the traitor’s mind. It is never susceptible of proof by direct
country. [Reyes, 2008] testimony. [Reyes, 2008]
The overt act of aid and comfort to the enemy must Confession must be made in open court.
be intentional, as distinguished from merely Extrajudicial confession or confession made before
negligent or undesigned ones. [Cramer vs. US] the investigators is not sufficient to convict a person
of treason. [Reyes, 2008]
When the killings and other common crimes are
charged as overt acts of treason, they cannot be Aggravating Circumstances
regarded: (1) as separate crimes, or (2) as complexed Cruelty and ignominy are aggravating circumstances
with treason. in treason.
Exception: But this rule would not preclude the But evident premeditation is not considered as one
punishment of murder or other common crimes as since adherence and the giving of aid and comfort to
such, if the prosecution should elect to prosecute the the enemy is usually a long continued process
culprit specifically for these crimes, instead of relying requiring requiring reflective and persistent
on them as an element of treason. [People vs. Prieto] determination and planning.[People vs. Racaza]
Treason by a Filipino citizen can be committed Superior strength and treachery are circumstances
outside of the Philippines. Treason by an alien must inherent in treason. Treachery is merged in superior
be committed in the Philippines. strength. Therefore, they are not aggravating in
treason.[People vs. Adlawan]
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The presence of the aggravating circumstances of (a) Levy war against the government; or
treachery, the aid of armed persons to insure or (b) Adhere to the enemies, giving them aid or
afford impunity, and deliberately augmenting the comfort
crimes by causing other wrongs not necessary in the
commission thereof are inherent in the crime of General rule: Conspiracy and proposal to commit a
treason and thus shall not be appreciated as felony is not punishable under Article 8.
aggravating circumstances. [People vs Victoria]
Exception: Under Article 115, mere conspiracy or
Defense of Suspended Allegiance and change of proposal to commit treason is punishable. This is
sovereignty are not accepted because: because, in treason, the very existence of the state is
(1)A citizen owes an absolute and permanent endangered. [Reyes, 2008]
allegiance to his Government;
(2)The sovereignty of the Government is not The two-witness rule does not apply to conspiracy or
transferred to the enemy by mere occupation; proposal to commit treason because this is a
(3)The subsistence of the sovereignty of the separate and distinct offense from that of treason.
legitimate Government in a territory occupied by the [US vs. Bautista]
military forces of the enemy during the war is one of
the rules of International Law; and
ARTICLE 116 - MISPRISION OF TREASON
(4)What is suspended is the exercise of the rights of
sovereignty. Elements:
(1) Offender owes allegiance to the government,
In addition to the defense of duress or uncontrollable and is not a foreigner
fear, lawful obedience to a de facto Government is a (2) He has knowledge of conspiracy to commit
good defense in treason. The Philippine Executive treason against the government
Commission, as well as the Republic established by (3) He conceals or does not disclose and make
the Japanese occupation army in the Philippines, had known the same as soon as possible to the
all the characteristics of a de facto Government. [Go governor or fiscal of the province in which he
Kim Cham vs. Valdez] resides, or the mayor or fiscal of the city in which
he resides
Defense of loss of citizenship by joining the army of
the enemy is not valid. The accused cannot divest Misprision of treason is a crime that may be
himself of his Philippine citizenship by the simple committed only by citizens of the Philippines. It
expedient of accepting a commission in the military, cannot be committed by a resident alien.
naval or air service of such country. If his contention
is sustained, his very crime would be the shield that The essence of the crime is that there are persons
would protect him from punishment. [People vs. who conspire to commit treason and the offender
Manayao] knew this and failed to make the necessary report to
the government within the earliest possible time.
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO COMMIT
TREASON Article 116 does not apply when the crime of treason
CONSPIRACY TO COMMIT TREASON is already committed by someone and the accused
Elements: does not report its commission to the proper
(1) There is a war in which the Philippines is authority. The provision only speaks of “knowledge of
involved any conspiracy against” the Government of the
(2) At least two persons come to an agreement to – Philippines, not knowledge of treason actually
(a) Levy war against the government; or committed by another. The criminal liability arises if
(b) Adhere to the enemies, giving them aid or the accused learned of the treasonous activity while
comfort still at the conspiratorial stage because if he learned
(3) That person proposes its execution to other of the treason when it had already erupted into an
persons overt act, then the implication is that the government
(4) They decide to commit it is already aware of it.
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Any person in authority having the equivalent that the offender has the purpose to obtain any of
jurisdiction (of a mayor, fiscal or governor), like a them.
provincial commander, will already negate criminal
liability. Espionage Treason
Blood relationship is always subservient to national Not conditioned by the Not conditioned by the
security. Article 20 of the RPC regarding accessories citizenship of the offender citizenship of the offender
who are exempt from criminal liability does not apply
May be committed both in Committed only in time of
in this case because persons found liable for this crime
time of war and in time of war
are not considered accessories, but as principals.
peace
Article 116 is an exception to the rule that mere May be committed in Limited only to two ways
silence does not make a person criminally liable. [US many ways of committing the crime:
vs. Caballeros] levying of war and
adhering to the enemy
Under the Revised Penal Code, there is no crime of giving him aid or comfort
misprision of rebellion.
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(3) Offender violates the regulation foreigner.” Hence, the allegiance contemplated in
this article is either natural or temporary allegiance.
Definition of neutrality. A nation or power which [Reyes, 2008]
takes no part in a contest of arms going on between
other countries. Mere attempt to flee or go to enemy country
consummates the crime.
ARTICLE 120 - CORRESPONDENCE WITH
HOSTILE COUNTRY ARTICLE 122 - PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Elements:
(1) It is in time of war in which the Philippines is Elements:
involved (1) The vessel is on the high seas or Philippine
(2) Offender makes correspondence with an enemy waters
country or territory occupied by enemy troops (2) Offenders are neither members of its
(3) The correspondence is either – complement nor passengers of the vessel
(a) Prohibited by the government, or (3) Offenders either –
(b) Carried on in ciphers or conventional signs, (a) Attack or seize that vessel; or
or (b) Seize the whole or part of its cargo, its
(c) Containing notice or information which equipment or personal belongings of its
might be useful to the enemy. complement or passengers
(4) There is intent to gain
Definition of Correspondence. Communication by
means of letters which pass between those who have Acts Punished in Piracy:
friendly or business relations. (1) Attacking or seizing a vessel on the high seas or
in Philippine waters
Even if the correspondence contains innocent (2) Seizing the whole or part of its cargo,
matters, if the correspondence has been prohibited complement or passengers while the vessel is on
by the Government, it is punishable. the high seas or in Philippine waters
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place to another through Philippine Waters. It penalty of reclusion temporal in its medium and
shall include all kinds and types of vessels or maximum periods shall be imposed. If
boats used in fishing. kidnapping for ransom or extortion, or murder or
homicide, or rape is committed as a result or on
(c) Philippine Highway. It shall refer to any road, the occasion thereof, the penalty of death shall
street, passage, highway and bridges or other be imposed.
parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or Section 4. Aiding pirates or highway
locomotives or trains for the movement or robbers/brigands or abetting piracy or highway
circulation of persons or transportation of goods, robbery/brigandage. Any person who knowingly and
articles, or property or both. in any manner aids or protects pirates or highway
robbers/brigands, such as giving them information
(d) Piracy. Any attack upon or seizure of any vessel, about the movement of police or other peace officers
or the taking away of the whole or part thereof of the government, or acquires or receives property
or its cargo, equipment, or the personal taken by such pirates or brigands or in any manner
belongings of its complement or passengers, derives any benefit therefrom; or any person who
irrespective of the value thereof, by means of directly or indirectly abets the commission of piracy
violence against or intimidation of persons or or highway robbery or brigandage, shall be
force upon things, committed by any person, considered as an accomplice of the principal
including a passenger or member of the offenders and be punished in accordance with the
complement of said vessel, in Philippine waters, Rules prescribed by the Revised Penal Code.
shall be considered as piracy. The offenders
shall be considered as pirates and punished as It shall be presumed that any person who does any
hereinafter provided. of the acts provided in this Section has performed
knowingly, unless the contrary is proven.
(e) Highway Robbery/Brigandage. The seizure of
any person for ransom, extortion or other
unlawful purposes, or the taking away of the RA 6235: ANTI-HIJACKING LAW
PUNISHABLE ACTS
property of another by means of violence against
or intimidation of person or force upon things of Section 1. It shall be unlawful for any person to
other unlawful means, committed by any person compel a change in the course or destination of an
on any Philippine Highway. aircraft of Philippine registry, or to seize or usurp the
control thereof, while it is in flight. An aircraft is in
PUNISHABLE ACTS
flight from the moment all its external doors are
Section 3. Penalties. Any person who commits piracy closed following embarkation until any of such doors
or highway robbery/brigandage as herein defined, is opened for disembarkation.
shall, upon conviction by competent court be
punished by: It shall likewise be unlawful for any person to compel
an aircraft of foreign registry to land in Philippine
(a) Piracy. The penalty of reclusion temporal in its territory or to seize or usurp the control thereof while
medium and maximum periods shall be it is within the said territory.
imposed. If physical injuries or other crimes are
committed as a result or on the occasion Section 3. It shall be unlawful for any person, natural
thereof, the penalty of reclusion perpetua shall or juridical, to ship, load or carry in any passenger
be imposed. If rape, murder or homicide is aircraft operating as a public utility within the
committed as a result or on the occasion of Philippines, and explosive, flammable, corrosive or
piracy, or when the offenders abandoned the poisonous substance or material.
victims without means of saving themselves, or
when the seizure is accomplished by firing upon Section 4. The shipping, loading or carrying of any
or boarding a vessel, the mandatory penalty of substance or material mentioned in the preceding
death shall be imposed. section in any cargo aircraft operating as a public
utility within the Philippines shall be in accordance
(b) Highway Robbery/Brigandage. The penalty of with regulations issued by the Civil Aeronautics
reclusion temporal in its minimum period shall Administration
be imposed. If physical injuries or other crimes
are committed during or on the occasion of the
commission of robbery or brigandage, the
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RA 9372: HUMAN SECURITY ACT OF 2007 penalty of from seventeen (17) years, four (4) months
SEC. 3.Terrorism. Any person who commits an act one day to twenty (20) years of imprisonment.
punishable under any of the following provisions of
the Revised Penal Code: SEC. 6.Accessory. Any person who, having
(1) Article 122 (Piracy in General and Mutiny in the knowledge of the commission of the crime of
High Seas or in the Philippine Waters); terrorism or conspiracy to commit terrorism, and
(2) Article 134 (Rebellion or Insurrection); without having participated therein, either as
(3) Article 134-a (Coup d’etat), including acts principal or accomplice under Articles 17 and 18 of
committed by private persons; the Revised Penal Code, takes part subsequent to its
(4) Article 248 (Murder); commission in any of the following manner: (a) by
(5) Article 267 (Kidnapping and Serious Illegal profiting himself or assisting the offender to profit by
Detention); the effects of the crime; (b) by concealing or
(6) Article 324 (Crimes Involving Destruction), destroying the body of the crime, or the effects, or
(7) or under instruments thereof, in order to prevent its discovery;
(c) by harboring, concealing, or assisting in the
(1) Presidential Decree No. 1613 (The Law on Arson); escape of the principal or conspirator of the crime,
(2) Republic Act No. 6969 (Toxic Substances and shall suffer the penalty of ten (10) years and one day
Hazardous and Nuclear Waste Control Act of to twelve (12) years of imprisonment.
1990);
(3) Republic Act No. 5207, (Atomic Energy Notwithstanding the above paragraph, the penalties
Regulatory and Liability Act of 1968); prescribed for accessories shall not be imposed upon
(4) Republic Act No. 6235 (Anti-Hijacking Law); those who are such with respect to their spouses,
(5) Presidential Decree No. 532 (Anti-piracy and ascendants, descendants, legitimate, natural, and
Anti-highway Robbery Law of 1974); and, adopted brothers and sisters, or relatives by affinity
(6) Presidential Decree No. 1866, as amended within the same degrees, with the single exception of
(Decree Codifying the Laws on Illegal and accessories falling within the provisions of
Unlawful Possession, Manufacture, Dealing in, subparagraph (a).
Acquisition or Disposition of Firearms,
Ammunitions or Explosives)
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The detention of a person is without legal ground: (1) Arbitrary Illegal Unlawful
when he has not committed any crime or, at least, Detention Detention Arrest
there is no reasonable ground for suspicion that he Offender Public officer (1) Private Any person
has committed a crime, or (2) when he is not who has person;
suffering from violent insanity or any other ailment authority to OR
requiring compulsory confinement in a hospital. make arrests (2) Public
and detain officer
A public officer is deemed such when he is acting persons who is
within the bounds of his official authority or function. acting in a
private
A police officer who employs force in excess of what capacity
is necessary is acting outside the bounds of his duties or beyond
and is considered acting in his private the scope
capacity.[Boado, Comprehensive Reviewer in Criminal of his
Law] official
duty
In the crime of arbitrary detention, although the
offender is a public officer, not any public officer can Criminal Violate the Deprive the Accuse the
commit this crime. Only those public officers whose Intent offended offended party offended
official duties carry with it the authority to make an party’s of his personal party of a
arrest and detain persons can be guilty of this crime. constitutional liberty crime he
freedom did not
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The elements of custodial investigation are: The city mayor of Manila committed the crime of
(1) The suspect is deprived of liberty in any expulsion when he ordered certain prostitutes to be
significant manner; transferred to Davao WITHOUT observing due
(2) The interrogation is initiated by law enforcement process since they have not been charged with any
authorities; crime. [Villavicencio v. Lukban (1919)]
(3) The interrogation is inculpatory in character.
[People v. Tan (1998)]
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The right to return to one’s country is not among the (2) Search of moving vehicles;
rights specifically guaranteed in the Bill of Rights, (3) Evidence in plain view;
which treats only of the Liberty of Abode and the (4) Stop and frisk;
right to travel. (5) Customs searches; AND
(6) Consented warrantless search.
However, it is a well-settled view that the right to
return may be considered as a generally accepted [M]ere suspicion or a hunch will not validate a "stop
principle of international law and, under the and frisk."
Constitution, forms part of the law of the land.
However, it is distinct and separate from the right to A genuine reason must exist, in light of the police
travel. officer's experience and surrounding conditions, to
warrant the belief that the person detained has
The constitutional guarantees invoked by the weapons concealed about him.
Marcoses are neither absolute nor inflexible for the
exercise of such freedoms has limits and must adjust Finally, a "stop-and-frisk" serves a two-fold interest:
to the concerns which involve the public (1) The general interest of effective crime
interest.[Marcos v. Manglapus (1989)] prevention and detection, which underlies the
recognition that a police officer may, under
ARTICLE 128 - VIOLATION OF DOMICILE appropriate circumstances and in an
Acts punished: appropriate manner, approach a person for
(1) Entering any dwelling against the will of the purposes of investigating possible criminal
owner thereof behavior even without probable cause; and
(2) Searching papers or other effects found therein (2) The more pressing interest of safety and self-
without the previous consent of such owner, OR preservation which permit the police officer to
(3) Refusing to leave the premises, after having take steps to assure himself that the person with
surreptitiously entered said dwelling and after whom he deals is not armed with a deadly
having been required to leave the same weapon that could unexpectedly and fatally be
used against the police officer. [Malacat v. CA
Elements COMMON to the three acts: (1997)]
(1) Offender is a public officer or employee
(2) He is not authorized by judicial order – “Against the will” means that the offender ignored
(a) To enter the dwelling; the prohibition of the owner which may be express or
(b) To make a search therein for papers or other implied as when the door is closed even though not
effects; or locked. [Boado, Comprehensive Reviewer in Criminal
(c) He refuses to leave, after having Law]
surreptitiously entered such dwelling and
been required to leave the same The offender must be a public officer or employee. If
the offender is a private individual then the crime is
Qualifying circumstances: trespass to dwelling under Article 280.
(1) Night time
(2) Papers or effects not constituting evidence of a ARTICLE 129 - SEARCH WARRANTS
crime are not returned immediately after the MALICIOUSLY OBTAINED, AND ABUSE IN THE
search made by the offender. SERVICE OF THOSE LEGALLY OBTAINED
Elements of procuring a search warrant without just
RULE 113 OF THE REVISED RULES OF COURT: a cause:
public officer, who breaks into the premises, incurs (1) Offender is a public officer or employee
no liability WHEN a person to be arrested enters said (2) He procures a search warrant
premises and closes it thereafter, provided that the (3) There is no just cause
officer first gives a notice of arrest.
Elements of exceeding authority or using unnecessary
The public officer should have first given notice of an severity in executing a search warrant legally
arrest. procured:
(1) Offender is a public officer or employee
According to People vs. Doria (1999) and People vs. (2) He has legally procured a search warrant
Elamparo (2000), the following are the accepted (3) He exceeds his authority or uses unnecessary
exceptions to the warrant requirement: severity in executing the same.
(1) Search incidental to an arrest;
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ARTICLE 130 - SEARCHING DOMICILE WITHOUT (1) leave a receipt in the place in which he found the
WITNESSES seized property;
Elements: (2) In the presence of at least two witnesses of
(1) Offender is a public officer or employee sufficient age and discretion residing in the
(2) He is armed with search warrant legally same locality.
procured
(3) He searches the domicile, papers or other ARTICLE 131 - PROHIBITION, INTERRUPTION
belongings of any person AND DISSOLUTION OF PEACEFUL MEETINGS
(4) The owner, or any members of his family, or two Elements:
witnesses residing in the same locality are not (1) Offender is a public officer or employee
present. (2) He performs any of the following acts:
(a) Prohibiting or interrupting, without legal
RULE 116: SEARCH AND SEIZURE ground, the holding of a peaceful meeting,
A search warrant is an order in writing - or by dissolving the same
(1) Signed by a judge (b) Hindering any person from joining any
(2) Directed to a peace officer, commanding him to lawful association, or from attending any of
search for personal property described therein its meetings
and bring it before the court (c) Prohibiting or hindering any person from
addressing, either alone or together with
Requisites for issuing a search warrant: others, any petition to the authorities for the
(1) Probable cause, in connection with one specific correction of abuses or redress of grievances
offense, to be determined personally by the
judge AFTER examination under oath or The government has a right to require a permit
affirmation of the complainant and the witness before any gathering can be made. HOWEVER, the
he may produce government only has regulatory, NOT
(2) Particular description of: PROHIBITORY, powers with regard to such
(a) Place to be searched; AND requirement.
(b) Things to be seized which may be anywhere
in the Philippines The permit should state the day, time, and place of
the gathering.
An officer may break open any outer or inner door or If the permit is denied arbitrarily, OR the officer
window of a house or any part of a house or anything dictates the place where the meeting is to be held,
therein WHEN these circumstances concur: this article is VIOLATED.
(1) He is refused admittance to the place of directed
search; If in the course of the assembly, which started out
(2) His purpose is to execute the warrant to liberate peacefully, the participants committed illegal acts
himself or any person lawfully aiding him when like oral defamation or inciting to sedition, a public
unlawfully detained therein; and officer or law enforcer can stop or dissolve the
(3) He has given notice of his purpose and authority. meeting.
The warrant must direct that it be served in the Two criteria to determine whether this article would
daytime. HOWEVER, it can be served at any time of be violated:
the day or night WHEN the affidavit asserts that the (1) Dangerous tendency rule – applied during times
property is on the person or in the place ordered to of national unrest such as to prevent coup
be searched. d’etat.
(2) Clear and present danger rule – applied during
A search warrant shall be valid for ten (10) days from times of peace. Stricter rule.
its date. Thereafter, it shall be void.
ARTICLE 132 - INTERRUPTION OF RELIGIOUS
The officer seizing the property under the warrant WORSHIP
must give a detailed receipt for the same to the Elements:
lawful occupant of the premises in whose presence (1) Offender is a public officer or employee
the search and seizure were made. (2) Religious ceremonies or manifestations of any
religion are about to take place or are going on
In the absence of such occupant, the officer must: (3) Offender prevents or disturbs the same
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The penalty of ten (10) years and one day to twelve (5) The submersion of the head in water or water
(12) years of imprisonment shall be imposed upon polluted with excrement, urine, vomit and/or blood
the police or law enforcement personnel who fails to until the brink of suffocation;
notify any judge as provided in the preceding
paragraph. (6) Being tied or forced to assume fixed and stressful
bodily position;
SEC. 19.Period of Detention in the Event of an Actual
or Imminent Terrorist Attack. In the event of an (7) Rape and sexual abuse, including the insertion of
actual or imminent terrorist attack, suspects may not foreign objects into the sex organ or rectum, or
be detained for more than three (3) days without the electrical torture of the genitals;
written approval of a municipal, city, provincial or
regional official of a Human Rights Commission or (8) Mutilation or amputation of the essential parts of
judge of the municipal, regional trial court, the the body such as the genitalia, ear, tongue, etc.;
Sandiganbayan or a justice of the Court of Appeals
nearest the place of the arrest. If the arrest is made (9) Dental torture or the forced extraction of the
during Saturdays, Sundays, holidays or after office teeth;
hours, the arresting police or law enforcement
personnel shall bring the person thus arrested to the (10) Pulling out of fingernails;
residence of any of the officials mentioned above
that is nearest the place where the accused was (11) Harmful exposure to the elements such as
arrested. The approval in writing of any of the said sunlight and extreme cold;
officials shall be secured by the police or law
enforcement personnel concerned within five (5) (12) The use of plastic bag and other materials
days after the date of the detention of the persons placed over the head to the point of asphyxiation;
concerned: Provided, however, That within three (3)
days after the detention the suspects, whose (i) The administration or drugs to induce confession
connection with the terror attack or threat is not and/or reduce mental competency; or
established, shall be released immediately.
(ii) The use of drugs to induce extreme pain or certain
symptoms of a disease; and
RA 9745: ANTI-TORTURE ACT
PUNISHABLE ACTS
(14) Other analogous acts of physical torture; and
Section 4. Acts of Torture. - For purposes of this Act,
torture shall include, but not be limited to, the (b) "Mental/Psychological Torture" refers to acts
following: committed by a person in authority or agent of a
person in authority which are calculated to affect or
(a) Physical torture is a form of treatment or confuse the mind and/or undermine a person's
punishment inflicted by a person in authority or dignity and morale, such as:
agent of a person in authority upon another in
his/her custody that causes severe pain, exhaustion, (1) Blindfolding;
disability or dysfunction of one or more parts of the
body, such as: (2) Threatening a person(s) or his/her relative(s) with
bodily harm, execution or other wrongful acts;
(1) Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other (3) Confinement in solitary cells or secret detention
similar objects, and jumping on the stomach; places;
(2) Food deprivation or forcible feeding with spoiled (4) Prolonged interrogation;
food, animal or human excreta and other stuff or
substances not normally eaten; (5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
(3) Electric shock; prisoner;
(4) Cigarette burning; burning by electrically heated (6) Causing unscheduled transfer of a person
rods, hot oil, acid; by the rubbing of pepper or other deprived of liberty from one place to another,
chemical substances on mucous membranes, or creating the belief that he/she shall be summarily
acids or spices directly on the wound(s); executed;
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cruel, inhuman and degrading treatment or (18) Article 150 - Disobedience to Summons Issued
punishment but failed to prevent or investigate by Congress, Its Committees or Subcommittees,
allegations of such act, whether deliberately or due by the Constitutional Commissions, Its
to negligence shall also be liable as principals. Committees, Subcommittees or Divisions
(19) Article 153 - Tumults and Other Disturbances of
Any public officer or employee shall be liable as an Public Order
accessory if he/she has knowledge that torture or (20) Article 151 - Resistance and Disobedience to a
other cruel, inhuman and degrading treatment or Person in Authority or the Agents of Such
punishment is being committed and without having Persons
participated therein, either as principal or (21) Article 154 - Unlawful Use of Means of
accomplice, takes part subsequent to its commission Publication and Unlawful Utterances
in any of the following manner: (22) Article 156 - Delivering Persons from Jail
(23) Article 155 - Alarms and Scandals
(a) By themselves profiting from or assisting the (24) Article 157 - Evasion of Service of Sentence
offender to profit from the effects of the act of (25) Article 159 - Other Cases of Evasion of Service of
torture or other cruel, inhuman and degrading Sentence
treatment or punishment; (26) Article 158 - Evasion of Service of Sentence on
the Occasion of Disorders, Conflagrations,
(b) By concealing the act of torture or other cruel, Earthquakes, or Other Calamities
inhuman and degrading treatment or punishment (27) Article 160 - Quasi Recidivism
and/or destroying the effects or instruments thereof
in order to prevent its discovery; or(c) By harboring, CHAPTER I - REBELLION, COUP D’ETAT,
concealing or assisting m the escape of the SEDITION AND DISLOYALTY
principal/s in the act of torture or other cruel,
inhuman and degrading treatment or punishment: ARTICLE 134 - REBELLION /INSURRECTION
Provided, That the accessory acts are done with the
abuse of the official's public functions. Elements:
(1) There is a public uprising and taking arms
against the government;
(2) The purpose of the uprising or movement is:
(a) To remove from the allegiance to the
Title III. Crimes against Public government or its laws the Philippine
Order territory or any part thereof, or any body of
land, naval, or other armed forces; or
(b) To deprive the Chief Executive or Congress,
(1) Article 134 - Rebellion/Insurrection wholly or partially, of any of their powers or
(2) Article 134-A - Coup d’ État prerogatives
(3) Article 135 - Penalty for Rebellion, Insurrection or
Coup d’ État Rule on Complexing of Rebellion: Rebellion cannot
(4) Article 136 - Conspiracy and Proposal to Commit be complexed with, but absorbs other crimes
Coup d’ État, Rebellion or Insurrection committed in furtherance of rebellion. There is no
(5) Article 137 - Disloyalty of Public Officers or complex crime of rebellion with murder and other
Employees common crimes.
(6) Article 138 - Inciting to Rebellion or Insurrection
(7) Article139 – Sedition Jurisprudence:
(8) Article141 - Conspiracy to Commit Sedition The doctrine laid down in People v. Hernandez
(9) Article142 – Inciting to Sedition remains good law. This prohibits the complexing of
(10) Article140 - Persons Liable for Sedition rebellion with any other offense committed in the
(11) Article 143 - Acts Tending to Prevent the Meeting occasion thereof, either as a means to its commission
of the Congress of the Philippines and Similar or as an unintended effect of an activity that
Bodies constitutes rebellion. [Enrile v Salazar (1990)]
(12) Article 144 - Disturbance of Proceedings
(13) Article 145 - Violation of Parliamentary Immunity All crimes, whether punishable under special or
(14) Article 146 - Illegal Assemblies general law, which are mere components or
(15) Article 147 - Illegal Associations ingredients, or committed in furtherance thereof,
(16) Article 148 - Direct Assault become absorbed in the crime of rebellion and
(17) Article 149 - Indirect Assault
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Tumultuous: If caused by more than three persons ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
who are armed or provided with the means of Elements:
violence. (Art. 163) (1) Two or more persons come to an agreement and
a decision to rise publicly and tumultuously to
The purpose of this crime is not the overthrowing of attain any of the objects of sedition;
the government but the violation of public peace. (2) They decide to commit it.
Under R.A. 8294, sedition absorbs the use of NOTE: There is no proposal to commit sedition.
unlicensed firearm as an element thereof; hence, it is
not an aggravating circumstance, and the offender ARTICLE 142 – INCITING TO SEDITION
can no longer be prosecuted for illegal possession of
firearm. (Boado, Comprehensive Reviewer in Criminal Mode 1. Inciting others to the accomplishment of any
Law). of the acts which constitute sedition by means
of speeches, proclamations, writings,
Sedition vs. Rebellion emblems, etc.
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Mode 2. Uttering seditious words or speeches which CHAPTER II - CRIMES AGAINST POPULAR
tend to disturb the public peace; REPRESENTATION
Constitutional Tests relative to seditious words: Mode 1: Using force, intimidation, threats, or frauds to
Clear and Present Danger Rule: The words must be prevent any member of Congress from
of such nature that by uttering them there is a attending the meetings of Congress or of any
danger of a public uprising and that such danger of its committees or subcommittees,
should be both clear and imminent. The danger constitutional commissions or committees or
must not only be probable but very likely inevitable. divisions thereof, or from expressing his
opinion or casting his vote;
Dangerous Tendency Rule: If the words used tend to Elements:
create a danger of public uprising, then those words (1) Offender uses force, intimidation, threats or
could properly be the subject of a penal clause fraud;
(2) The purpose of the offender is to prevent any
The manifest, unmistakable tendency of the member of Congress from:
dramatic play, in view of the time, place, and manner (a) Attending the meetings of the Congress or
of its presentation, was to inculcate a spirit of hatred of any of its committees or constitutional
and enmity against the American people and the commissions;
Government of the US in the Philippines.[US v (b) Expressing his opinion; OR
Tolentino (1906)] (c) Casting his vote.
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except in case such member has committed a (2) Persons merely present at the meeting, who
crime punishable under the Code by a penalty must have a common intent to commit the
higher than prision mayor. felony of illegal assembly.
Mode 1: Any meeting attended by armed persons for the Persons liable for illegal associations:
purpose of committing any of the crimes (1) Founders, directors and president of the
punishable under the Code; association;
(2) Mere members of the association.
Elements:
(1) There is a meeting, a gathering or group of Public Morals: matters which affect the interest of
persons, whether in a fixed place or moving; society and public convenience, not limited to good
(2) The meeting is attended by armed persons; customs
(3) The purpose of the meeting is to commit any of
the crimes punishable under the Code. Illegal Assemblies vs. Illegal Associations
Mode 2: Any meeting in which the audience, whether Illegal Assembly Illegal Association
armed or not, is incited to the commission There must be an actual Actual meeting not
of the crime of treason, rebellion or meeting or assembly necessary
insurrection, sedition, or assault upon
person in authority or his agents. What is punished are the What is punished is the
meeting and the act of forming or
Elements: attendance therein organizing the association
(1) There is a meeting, a gathering or group of Persons liable: Persons liable:
persons, whether in a fixed place or moving; (1) Organizers or leaders (1) Founders, directors,
(2) The audience, whether armed or not, is incited to of the meeting president
the commission of the crime of treason, (2) Persons present (2) The members
rebellion or insurrection, sedition or direct See also: BP 880 - Public Assembly Act of 1985
assault.
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CHAPTER IV - ASSAULT UPON AND RESISTANCE corporation, board, or commission, shall be deemed
AND DISOBEDIENCE TO, PERSONS IN a person in authority.
AUTHORITY AND THEIR AGENTS
“Directly vested with jurisdiction” means the power
ARTICLE 148 - DIRECT ASSAULT or authority to govern and execute the laws.
Mode 1. Without public uprising, by employing
force or intimidation for the attainment of Teachers, professors and persons in charged with the
any of the purposes enumerated in supervision of public or duly recognized private
defining the crimes of rebellion and schools, colleges and universities shall be deemed
sedition; persons in authority, in applying the provisions of
Articles 148 and 151. For other purposes, such as to
Elements: increase the penalty by reason of the aggravating
(1) Offender employs force or intimidation; circumstances where a person in authority is
(2) The aim of the offender is to attain any of the involved, the teachers and professors are not persons
purposes of the crime of rebellion or any of the in authority.
objects of the crime of sedition;
(3) There is no public uprising. When the assault results in the killing of that agent
or of a person in authority, the offense committed is
Mode 2. Without public uprising, by attacking, by complex crime of direct assault with murder or
employing force or by seriously homicide. The only time when it is not complexed is
intimidating or by seriously resisting any when material consequence is a light felony, that is,
person in authority or any of his agents, slight physical injury. Direct assault absorbs the
while engaged in the performance of lighter felony.
official duties, or on occasion of such
performance. The force employed need not be serious when the
offended party is a person in authority;
Elements:
(1) Offender makes an attack, employs force, makes Intimidation or resistance must be serious whether
a serious intimidation, or makes a serious the offended party is a person in authority OR an
resistance; agent of a person in authority
(2) The person assaulted is a person in authority or
his agent; If the public officer is not a person in authority, the
(3) At the time of the assault, the person in assault on him is an aggravating circumstance in Art.
authority or his agent is engaged in the actual 14, no. 3 (rank). (Boado, Comprehensive Reviewer in
performance of official duties, OR that he is Criminal Law).
assaulted by reason of the past performance of
official duties; There must be however an intent to disregard the
(4) Offender knows that the one he is assaulting is a victim’s rank.
person in authority or his agent in the exercise of
his duties. Gabutero was acting in the performance of his duties
(5) There is no public uprising. [as he was trying to pacify Dollantes who was
causing trouble] as barangay captain when he was
The first form of direct assault is tantamount to stabbed to death. Thus, the crime committed was
rebellion or sedition, except that there is no public murder with assault upon a person in
uprising. authority.[People v. Dollantes (1987)]
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The status as a person in authority being a matter of The testimony of a person summoned must be upon
law, ignorance thereof is no excuse. matters into which the legislature has jurisdiction to
inquire.
ARTICLE 149 - INDIRECT ASSAULT
ARTICLE 151 - RESISTANCE AND DISOBEDIENCE TO A
Elements: PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSONS
(1) A person in authority or his agent is the victim of
any of the forms of direct assault defined in Mode 1: Resistance and serious disobedience
Article 148;
(2) A person comes to the aid of such authority or Elements:
his agent; (1) A person in authority or his agent is engaged in
(3) Offender makes use of force or intimidation the performance of official duty or gives a lawful
upon such person coming to the aid of the order to the offender;
authority or his agent. (2) Offender resists or seriously disobeys such
person in authority or his agent;
Indirect assault can only be committed when a direct (3) The act of the offender is not included in the
assault is also committed. provision of Articles 148, 149 and 150.
Article 152 clothes any person who comes to the aid Mode 2: Simple disobedience
of a person in authority with the fiction of an agent of
a person in authority. Elements:
(1) An agent of a person in authority is engaged in
Any assault on him on the occasion of his aiding a the performance of official duty or gives a lawful
person in authority or his agent is indirect assault. order to the offender;
(2) Offender disobeys such agent of a person in
authority;
ARTICLE 150 - DISOBEDIENCE TO SUMMONS ISSUED BY
(3) Such disobedience is not of a serious nature
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS COMMITTEES,
Resistance and Serious Disobedience
SUBCOMMITTEES OR DIVISIONS
The accused must have knowledge that the person
Mode 1. By refusing, without legal excuse, to obey giving the order is a peace officer. [US vs. Bautista]
summons of Congress, its special or
standing committees and subcommittees, The disobedience contemplated consists in the
the Constitutional Commissions and its failure or refusal to obey a direct order from the
committees, subcommittees or divisions, or authority or his agent.
by any commission or committee chairman
or member authorized to summon
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Simple Disobedience
In simple disobedience, the offended party must be If done unconsciously or without intent to incite the
only an agent of a person in authority. The order listeners to rise to sedition or rebellion, this article
must be lawful. The disobedience should not be of a applies.
serious nature.
If done with intent to commit rebellion or sedition:
Serious Disobedience vs. Direct Assault The crime is inciting to rebellion or sedition.
Serious Disobedience Direct Assault
Definition of “tumultuous”: If caused by more than 3
Person in authority or his The person in authority or persons who are armed or provided with the means
agent must be in actual his agent must be of violence
performance of his duties engaged in the
performance of official Definition of “burying with pomp the body of a
duties or that he is person”: ostentatious display of a burial
assaulted
ARTICLE 154 - UNLAWFUL USE OF MEANS OF
Committed only by Committed in four ways
PUBLICATION AND UNLAWFUL UTTERANCES
resisting or seriously (see Art. 148, Mode 2
disobeying a person in above) Mode 1. Publishing or causing to be published, by
authority or his agent means of printing, lithography or any
Use of force in resistance There is force employed other means of publication, as news any
is not so serious, as there false news which may endanger the
is no serious public order, or cause damage to the
interest or credit of the State.
Mode 4: Displaying placards or emblems which To be liable, the offender must know that the news is
provoke a disturbance of public order in false.
such place;
Actual public disorder or actual damage to the credit
Mode 5: Burying with pomp the body of a person of the State is not necessary. The mere possibility of
who has been legally executed. causing such danger or damage is sufficient.
Serious disturbance must be planned or intended. ARTICLE 155 - ALARMS AND SCANDALS
This article applies if the disturbance is not caused
Mode 1: Discharging any firearm, rocket,
by a public officer; or, if it is committed by a public
firecracker, or other explosive within any
officer, he is a participant therein.
town or public place, calculated to cause
(which produces) alarm or danger;
Definition of “outcry”: to shout subversive or
provocative words tending to stir up the people to
Mode 2: Instigating or taking an active part in any
obtain by means of force or violence any of the
charivari or other disorderly meeting
objects of rebellion or sedition.
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offensive to another or prejudicial to criminally liable for leaving the penal institution only
public tranquility; when there is evasion of the service of his sentence,
which can only be committed only by a convict by
Mode 3: Disturbing the public peace while final judgment.
wandering about at night or while
engaged in any other nocturnal
amusements; Offender is usually an outsider. The violation of
Article 156 is committed by a public officer when he
Mode 4: Causing any disturbances or scandal in is not the custodian of the prisoner at the time the
public places while intoxicated or prisoner was made to escape. If the offender is a
otherwise, provided Art. 153 is not public officer who had the prisoner in his custody or
applicable. charge, he is liable for infidelity in the custody of a
prisoner under Article 223.
The crime “alarms and scandal” is only one crime.
If three persons are involved – a stranger, the
Scandal here does not refer to moral scandal; that custodian and the prisoner – three crimes are
one is grave scandal in Article 200. committed:
(1) Infidelity in the custody of prisoners [public
The essence of the crime is disturbance of public officer-custodian];
tranquility and public peace. (2) Delivery of the prisoner from jail [stranger];
Disturbance of serious nature falls under Article 153, and
not under paragraph 4 of this article. (3) Evasion of service of sentence [prisoner].
Any kind of disturbance of public order where the Cledera, as the governor, is the jailer of the Province.
circumstance at the time renders the act offensive to Esmeralda is the Assistant Provincial Warden. As
the tranquility prevailing, the crime is committed. public officials who have the custody or charge of the
prisoner, they cannot be prosecuted under Art. 156.
Definition of charivari: includes a medley of
discordant voices, a mock serenade of discordant Art 223 would have applied; however, there is no
noises made on kettles, tin, horns, etc. designed to sufficient evidence to warrant their prosecution for
annoy or insult infidelity in the custody of prisoner. It is necessary
that the public officer had consented to, or connived
NOTE: “Calculated to cause” should be “which in, the escape of the prisoner under his custody or
produces” alarm and danger according to the correct charge. [Alberto v. Dela Cruz (1980)]
translation of the RPC. Hence, the result, and not the
intent, that counts. (Reyes) CHAPTER VI - EVASION OF SERVICE OF
SENTENCE
ARTICLE 156 - DELIVERING PRISONERS FROM JAIL
ARTICLE 157 - EVASION OF SERVICE OF SENTENCE
Elements:
(1) There is a person confined in a jail or penal Elements:
establishment; (1) Offender is a convict by final judgment;
(2) Offender removes therefrom such person, or (2) He is serving sentence which consists in the
helps the escape of such person. deprivation of liberty;
(3) He evades service of his sentence by escaping
during the term of his imprisonment.
If the prisoner who escapes is only a detention
prisoner, he does not incur liability from escaping if
he does not know of the plan to remove him from Qualifying circumstances as to penalty imposed if
jail. But if such prisoner knows of the plot to remove such evasion or escape takes place:
him from jail and cooperates therein by escaping, he (1) By means of unlawful entry (this should be “by
himself becomes liable for delivering prisoners from scaling” - Reyes);
jail as a principal by indispensable cooperation. (2) By breaking doors, windows, gates, walls, roofs
or floors;
If the prisoner removed or whose escape is made (3) By using picklock, false keys, disguise, deceit,
possible by the commission of the crime of delivering violence or intimidation; or
prisoner from jail is a detention prisoner, such (4) Through connivance with other convicts or
prisoner is not criminally liable. A prisoner is employees of the penal institution.
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Evasion of service of sentence has three forms: If the prisoner fails to return within said 48 hours,
(1) By simply leaving or escaping from the penal there will be an additional penalty of 1/5 of the time
establishment under Article 157; still remaining to be served under the original
(2) Failure to return within 48 hours after having sentence. In no case shall that penalty exceed six
left the penal establishment because of a months.
calamity, conflagration or mutiny and such
calamity, conflagration or mutiny has been Mutiny is one of the causes which may authorize a
announced as already passed under Article 158; convict serving sentence in the penitentiary to leave
(3) Violating the condition of conditional pardon the jail provided he has not taken part in the mutiny.
under Article 159.
ARTICLE 159 - OTHER CASES OF EVASION OF SERVICE OF
In leaving or escaping from jail or prison, that the SENTENCE
prisoner immediately returned is immaterial. It may Elements:
be mitigating, but it will not absolve his criminal (1) Offender was a convict;
liability. (2) He was granted a conditional pardon by the
Chief Executive;
Not applicable to sentence executed by deportation (3) He violated any of the conditions of such pardon.
because the convict was not sentenced to
imprisonment and thereafter broke jail. Violation of conditional pardon is a distinct crime. In
violation of conditional pardon, as a rule, the
Not applicable to sentence of destierro since Article violation will amount to this crime only if the
157 refers only to persons who are imprisoned in a condition is violated during the remaining period of
penal institution and completely deprived of their the sentence.
liberty.
Offender must be found guilty of subsequent offense
ARTICLE 158 - EVASION OF SERVICE OF SENTENCE ON THE
before he can be prosecuted under Article 159.
OCCASION OF DISORDERS, CONFLAGRATIONS,
[Torres vs. Gonzales]
EARTHQUAKES, OR OTHER CALAMITIES
Elements: If the condition of the pardon is violated when the
(1) Offender is a convict by final judgment, who is remaining unserved portion of the sentence has
confined in a penal institution; already lapsed, there will be no more criminal
(2) There is disorder, resulting from – liability for the violation. However, the convict maybe
(a) conflagration; required to serve the unserved portion of the
(b) earthquake; sentence, that is, continue serving original penalty.
(c) explosion;
(d) similar catastrophe; or Violation of Conditional Pardon vs. Evasion of
(e) mutiny in which he has not participated; Service of Sentence by Escaping
(3) He evades the service of his sentence by leaving Violation of Conditional Evasion of Service of
the penal institution where he is confined, on the Pardon Sentence
occasion of such disorder or during the mutiny;
(4) He fails to give himself up to the authorities Does not cause harm or An attempt at least to
within 48 hours following the issuance of a injury to the right of evade the penalty inflicted
proclamation by the Chief Executive announcing another person nor does it by the courts upon
the passing away of such calamity. disturb the public order; criminals and thus defeat
merely an infringement of the purpose of the law of
Leaving the penal establishment is not the basis of the stipulated terms in either reforming or
criminal liability. What is punished is the failure to conditional pardon punishing them for having
return within 48 hours after the passing of the disturbed the public
calamity, conflagration or mutiny had been order.
announced.
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If the violation of this Sec. is in furtherance of, or incendiary device, shall not be a violation of this
incident to, or in connection with the crime of Section.
rebellion, insurrection, sedition or attempted coup
d'etat, such violation shall be absorbed as an Provided, further, That the temporary, incidental,
element of the crimes of rebellion, insurrection, casual, harmless, or transient possession or control
sedition or attempted coup d'etat. of any part, ingredient, machinery, tool or instrument
directly used in the manufacture, construction,
The same penalty shall be imposed upon the owner, assembly, delivery or detonation of any explosive or
president, manager, director or other responsible incendiary device for the sole purpose of
officer of any public or private firm, company, surrendering it to the proper authorities shall not be
corporation or entity, who shall willfully or knowingly a violation of this Section.
allow any of the explosives owned by such firm,
company, corporation or entity, to be used by any Provided, finally, That in addition to the instances
person or persons found guilty of violating the provided in the two (2) immediately preceding
provisions of the preceding paragraphs paragraphs, the court may determine the absence of
the intent to possess, otherwise referred to as
Sec. 3-A. Unlawful Manufacture, Sales, Acquisition, “animus possidendi”, in accordance with the facts
Disposition, Importation or Possession of a Part, and circumstances of each case and the application
Ingredient, Machinery, Tool or Instrument Used or of other pertinent laws, among other things, Articles
Intended to be Used for the Manufacture, 11 and 12 of the Revised Penal Code, as amended.
Construction, Assembly, Delivery or Detonation.—
The penalty of reclusion perpetua shall be imposed Sec. 3-B. Penalty for the Owner, President, Manager,
upon any person who shall willfully and unlawfully Director or Other Responsible Officer of Any Public
manufacture, assemble, deal in, acquire, dispose, or Private Firm, Company, Corporation or Entity.—
import or possess any part, ingredient, machinery, The penalty of reclusion perpetua shall be imposed
tool or instrument of any explosive or incendiary upon the owner, president, manager, director or
device, whether chemical, mechanical, electronic, other responsible officer of any public or private firm,
electrical or otherwise, used or intended to be used company, corporation or entity, who shall willfully or
by that person for its manufacture, construction, knowingly allow any explosive or incendiary device or
assembly, delivery or detonation, where the explosive parts thereof owned or controlled by such firm,
or incendiary device is capable or is intended to be company, corporation or entity to be used by any
made capable of producing destructive effect on person or persons found guilty of violating the
contiguous objects or causing injury or death to any provisions of the preceding paragraphs.
person. Sec. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty Therefor.—
Provided, That the mere possession of any part, When a violation of Section 3, 3-A or 3-B of this
ingredient, machinery, tool or instrument directly Decree is a necessary means for committing any of
used in the manufacture, construction, assembly, the crimes defined in the Revised Penal Code or
delivery or detonation of any explosive or incendiary special laws, or is in furtherance of, incident to, in
device, by any person whose business activity, or connection with, by reason of, or on occasion of any
employment does not lawfully deal with the of the crimes defined in the Revised Penal Code or
possession of such article shall be prima facie special laws, the penalty of reclusion perpetua and a
evidence that such article is intended to be used by fine ranging from One hundred Thousand pesos
that person in the unlawful/illegal manufacture, (P100,000.00) to One million pesos
construction, assembly, delivery or detonation of an (P1,000,000.00) shall be imposed.
explosive or incendiary device.
Sec. 3-D. Former Conviction or Acquittal; Double
Provided, however, That a temporary incidental, Jeopardy.— Subject to the provisions of the Rules of
casual, harmless or transient possession or control of Court on double jeopardy, if the application thereof is
any part, machinery, tool or instrument directly used more favorable to the accused, the conviction or
in the manufacture, construction, assembly, delivery acquittal of the accused or the dismissal of the case
or detonation of any explosive or incendiary device, for violation of this Decree shall be a bar to another
without the knowledge of its existence or character prosecution of the same accused for any offense
as part, ingredient, machinery, tool or instrument where the violation of this Decree was a necessary
directly used in the manufacture, construction, means for committing the offense or in furtherance
assembly, delivery or detonation of any explosive or of which, incident to which, in connection with which,
by reason of which, or on occasion of which, the
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violation of this Decree was committed, and vice part, ingredient, machinery, tool or instrument of any
versa. explosive or incendiary device, whether chemical,
mechanical, electronic, electrical or otherwise, shall
Sec. 4. Responsibility and liability of Law suffer the penalty of reclusion perpetua.
Enforcement Agencies and Other Government
Officials and Employees in Testifying as Prosecution Planting of evidence shall mean the willful act by any
Witnesses.— Any member of law enforcement person of maliciously and surreptitiously inserting,
agencies or any other government official and placing, adding or attaching, directly or indirectly,
employee who, after due notice, fails or refuses, through any overt or covert act, whatever quantity of
intentionally or negligently, to appear as a witness any explosive or incendiary device or any part,
for the prosecution of the defense in any proceeding, ingredient, machinery, tool or instrument of any
involving violations of this Decree, without any valid explosive or incendiary device, whether chemical,
reason, shall be punished with reclusion temporal mechanical, electronic, electrical or otherwise in the
and a fine of Five hundred Thousand pesos person, house, effects or in the immediate vicinity of
(P500,000.00) in addition to the administrative an innocent individual for the purpose of implicating
liability he/she may be meted out by his/her incriminating or imputing the commission of any
immediate superior and/or appropriate body. violation of this Decree.
The immediate superior of the member of the law Sec. 4-D. Types of Chemicals/Accessories Covered.—
enforcement agency or any other government The chemicals and accessories mentioned in the
employee mentioned in the preceding paragraph preceding Section shall exclusively refer to chlorates,
shall be penalized with prision correccional and a nitrates, nitric acid and such other chemicals and
fine of not less than Ten Thousand pesos accessories that can be used for the manufacture of
(P10,000.00) but not more than Fifty thousand explosives and explosive ingredients.
pesos (P50,000.00) and in addition, perpetual
absolute disqualification from public office if despite Sec. 5. Tampering of Firearm’s Serial Number.— The
due notice to them and to the witness concerned, the penalty of prision correccional shall be imposed
former does not exert reasonable effort to present upon any person who shall unlawfully tamper,
the latter to the court. change, deface or erase the serial number of any
firearm.
The member of the law enforcement agency or any
other government employee mentioned in the Sec. 6. Repacking or Altering the Composition of
preceding paragraphs shall not be transferred or Lawfully Manufactured Explosives.— The penalty of
reassigned to any other government office located in prision correccional shall be imposed upon any
another territorial jurisdiction during the pendency of person who shall unlawfully repack, alter or modify
the case in court. However, the concerned member of the composition of any lawfully manufactured
the law enforcement agency or government explosives.
employee may be transferred or reassigned for
compelling reasons: Provided, That his/her Sec. 7. Unauthorized Issuance of Authority to Carry
immediate superior shall notify the court where the Firearm and/or Ammunition Outside of Residence.—
case is pending of the order to transfer or reassign, The penalty of prision correccional shall be imposed
within twenty-four (24) hours from its approval: upon any person, civilian or military, who shall issue
Provided, further, That his/her immediate superior authority to carry firearm and/or ammunition outside
shall be penalized with prision correccional and a of residence, without authority therefor.
fine of not less than Ten thousand pesos
(P10,000.00) but not more than Fifty thousand
RA 9372: HUMAN SECURITY ACT (SEE SPECIAL LAWS IN
pesos (P50,000.00) and in addition, perpetual
TITLE I)
absolute disqualification from public office, should
he/she fail to notify the court of such order to
transfer or reassign.
Prosecution and punishment under this Section shall
be without prejudice to any liability for violation of
any existing law.
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ARTICLE 167 - COUNTERFEITING, IMPORTING, AND The accused must have knowledge of the forged
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER character of the note.
Elements:
ARTICLE 169 - HOW FORGERY IS COMMITTED
(1) There is an Instrument payable to order or other
document of credit not payable to bearer; (1) By Giving to a treasury or bank note or any
(2) Offender either Forged, imported or uttered instrument payable to bearer or to order
such instrument; mentioned therein, the appearance of a true and
(3) In case of uttering, he Connived with the forger genuine document;
or importer. (2) By Erasing, substituting, counterfeiting, or
altering by any means the figures, letters, words,
An instrument is payable to order where it is drawn or sign contained therein.
payable to the order of a specified person or to him
or his order. Forgery includes falsification and counterfeiting.
This covers instruments or other documents of credit
issued by a foreign government or bank. For possession of false treasury or bank note to
constitute a criminal offense, it must be with intent
Forgery of currency is punished so as to maintain to use.
integrity of the currency and thus insure the credit
standing of the government. The essence of forgery is giving a document the
appearance of a true and genuine document.
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PAR 7: Issuing in an authenticated form a document Public and Private writings under the Rules of Court:
purporting to be a copy of an original document when The following are public documents:
no such original exists, or including in such a copy a (1) Written official acts, or records, of the official
statement contrary to, or different from, that of the acts of the sovereign authority, official bodies
genuine original and tribunals, and public officers
Falsification in this paragraph cannot be committed (2) Documents acknowledged before a notary
by a private individual, or by a notary public, or by a public except last will and testaments
public officer, who does not take advantage of his (3) Public records kept in the Philippines, of private
official position. documents required by law to be entered
therein.
This is because authentication of a document can
only be made by the custodian or the one who All other writings are private.
prepared and retained a copy of the original.
(1) Purporting to be a copy of the original when no After an investigation, a group of public officers were
such original exists. caught and convicted of falsifying cash vouchers.
(2) Including a copy a statement contrary to, or
different from, that of the genuine original. On appeal the SC held that cash vouchers are NOT
commercial documents because they are not
A private person who cooperates with a public officer documents used by merchants or businessmen to
in the falsification of a public document is guilty of promote or facilitate credit transactions nor they are
the crime and incurs the same liability and penalty. defined and regulated by the Code of Commerce or
other commercial law.
There are four kinds of documents:
(1) Public document in the execution of which, a Rather, they are private documents which have been
person in authority or notary public has taken defined as:
part; (1) Deeds or instruments executed by a private
(a) A document created, executed or issued person
(b) By a public official (2) Without the intervention of a public notary or of
(c) In response to the exigencies of the public other person legally authorize,
service, (3) By which some disposition or agreement is
(d) Or in execution of w/c public official proved, evidenced or set forth.[People v.
intervened. Batulanon (2007)]
(2) Official document in the execution of which a
public official takes part; ARTICLE 172 - FALSIFICATION BY PRIVATE INDIVIDUAL
(a) A document issued by a public official in the AND USE OF FALSIFIED DOCUMENTS
exercise of the functions of his office. It falls Mode 1: Falsification of public, official or commercial
within the larger class called public document by a private individual;
documents.
(b) A document required by a bureau to be Elements:
filled by its officers for purposes of record (1) Offender is a Private individual OR Public
and information is a public document. officer or employee who did not take
(3) Commercial document or any document advantage of his official position;
recognized by the Code of Commerce or any (2) He committed any act of Falsification (Art.
commercial law; and 171);
(4) A deed or instrument executed by a private (3) The falsification was committed in a public,
person without the intervention of a notary official, or commercial Document or letter of
public or other persons legally authorized. - exchange.
Private document in the execution of which only
private individuals take part. Mode 2: Falsification of private document by any
person;
The element of damage is not necessary because it is
the interest of the community which is intended to be Elements:
guaranteed. (1) Offender committed any of the acts of
Falsification except Article 171(7), that is,
The character of the offender and his faithfulness to (a) Issuing in an authenticated form a
his duty is mainly taken into consideration. document purporting to be a copy of an
original document when no such original
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ARTICLE 173 - FALSIFICATION OF WIRELESS, CABLE, ARTICLE 174 - FALSE MEDICAL CERTIFICATES, FALSE
TELEGRAPH AND TELEPHONE MESSAGES, AND USE OF CERTIFICATES OF MERITS OR SERVICE, ETC.
SAID FALSIFIED MESSAGES
Persons liable
Mode 1: Uttering fictitious wireless, telegraph or (1) Physician or surgeon who, in connection with the
telephone message; practice of his profession, issues a false
certificate (it must refer to the illness or injury of
Elements: a person);
(1) Offender is an officer or employee of the
government or an officer or employee of a Note: The crime here is false medical certificate by a
private corporation, engaged in the service of physician.
sending or receiving wireless, cable or telephone
message; (2) Public officer who issues a false certificate of
(2) He utters fictitious wireless, cable, telegraph or merit of service, good conduct or similar
telephone message. circumstances;
Mode 2: Falsifying wireless, telegraph or telephone Note: The crime here is false certificate of merit or
message; service by a public officer.
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Article 177 may be violated by a public officer. ARTICLE 180 - FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
ARTICLE 178 - USING FICTITIOUS AND CONCEALING TRUE (1) There is a Criminal proceeding;
NAME (2) Offender Testifies falsely under oath against the
Mode 1: Using fictitious name defendant therein;
(3) Offender who gives false testimony Knows that it
Elements: is false.
(1) Offender uses a name other than his real name; (4) Defendant against whom the false testimony is
(2) He uses the fictitious name publicly; given is either acquitted or convicted in a Final
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Conviction or acquittal of defendant in the principal The statement should be outside the coverage of art
case is not necessary. 180-181.
Rectification made spontaneously after realizing the “Oath”: Any form of attestation by which a person
mistake is not false testimony. signifies that he is bound by conscience to perform
an act faithfully and truthfully.
Penalty for false testimony against the accused is
based on the sentence imposed or if accused is “Affidavit”: Sworn statement in writing; declaration
acquitted; that for testimony favorable to the in writing, made upon oath before an authorized
accused is based on the imposable penalty. The magistrate or officer.
rationale for the difference is the measure of the
wrong occasioned by the injustice in each case, i.e. There could be no perjury through negligence or
the undeserved sentence and the imposable penalty imprudence. This is because of the requirement that
avoided, respectively. the assertion of a falsehood be made willfully and
deliberately. Hence, good faith or lack of malice is a
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES defense in perjury.
Elements:
(1) Testimony Given in a civil case;
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Dangerous Drugs and/or Controlled Precursors (3) The maximum penalty provided for under
and Essential Chemicals (Sec. 5) sections 4, 5, 6, 8 and 16 shall be imposed upon
(3) Maintenance of a Den, Dive or Resort. (Sec. 6) any person, who organizes, manages or acts as a
(4) Employees and Visitors of a Den, Dive or "financier" of any of the illegal activities
Resort(Sec. 7) prescribed in those sections.
(5) Manufacture of Dangerous Drugs and/or (4) Any person charged under any provision of this
Controlled Precursors and Essential Chemicals Act regardless of the imposable penalty shall
(Sec. 8) not be allowed to avail of the provision on plea-
(6) Illegal Chemical Diversion of Controlled bargaining. Section 23, Article II, RA 9165
Precursors and Essential Chemicals. (Sec. 9)
(7) Manufacture or Delivery of Equipment, Any person convicted for drug trafficking or pushing
Instrument, Apparatus, and Other Paraphernalia under this Act, regardless of the penalty imposed by
for Dangerous Drugs and/or Controlled the Court, cannot avail of the privilege granted by
Precursors and Essential Chemicals. (Sec. 10) the Probation Law or Presidential Decree No. 968, as
(8) Possession of Dangerous Drugs (Sec. 11) amended. [Section 24, Article II, RA 9165]
(9) Possession of Equipment, Instrument, Notwithstanding the provisions of any law to the
Apparatus and Other Paraphernalia for contrary, a positive finding for the use of dangerous
Dangerous Drugs (Sec. 12) drugs shall be a qualifying aggravating circumstance
(10) Possession of Dangerous Drugs During Parties, in the commission of a crime by an offender, and the
Social Gatherings or Meetings (Sec. 13) application of the penalty provided for in the Revised
(11) Possession of Equipment, Instrument, Penal Code shall be applicable. [Section 25, Article II,
Apparatus and Other Paraphernalia for RA 9165]
Dangerous Drugs During Parties, Social
Gatherings or Meetings(Sec. 14) The maximum penalties of the unlawful acts
(12) Use of Dangerous Drugs (Sec. 15) provided for in this Act shall be imposed, in addition
(13) Cultivation or Culture of Plants Classified as to absolute perpetual disqualification from any
Dangerous Drugs or are Sources Thereof. (Sec. public office, if those found guilty of such unlawful
16) acts are government officials and employees.
(14) Maintenance and Keeping of Original Records of [Section 28, Article II, RA 9165]
Transactions on Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals Any person who is found guilty of "planting" any
(Sec. 17) dangerous drug and/or controlled precursor and
(15) Unnecessary Prescription of Dangerous essential chemical, regardless of quantity and purity,
Drugs(Sec. 18) shall suffer the penalty of death. [Section 29, Article
(16) Unlawful Prescription of Dangerous Drugs (Sec. II, RA 9165]
19)
In case any violation of this Act is committed by a
PENALTIES FOR UNLAWFUL ACTS: partnership, corporation, association or any juridical
(1) The penalty of life imprisonment to death and a entity, the partner, president, director, manager,
fine ranging from Five hundred thousand pesos trustee, estate administrator, or officer who consents
(P500,000.00) to Ten million pesos to or knowingly tolerates such violation shall be held
(P10,000,000.00) - Those acts which include or criminally liable as a co-principal. [Section 30, Article
involve any dangerous drugs (Sections 4, 5, 6, 8, II, RA 9165]
11, 16 and 19)
(2) The penalty of twelve (12) years and one (1) day In addition to the penalties prescribed in the
to twenty (20) years of imprisonment and a fine unlawful act committed, any alien who violates such
ranging from One hundred thousand pesos provisions of this Act shall, after service of sentence,
(P100,000.00) to Five hundred thousand pesos be deported immediately without further
(P500,000.00) proceedings, unless the penalty is death. [Section 31,
(a) Those acts which involve any controlled Article II, RA 9165]
precursor and essential chemical(Sections 4,
5, 6, 8, 9 and 10) Accessory Penalties: A person convicted under this
(b) Anyone who acts as a "protector/coddler" of Act shall be disqualified to exercise his/her civil
any violator of the provisions under sections rights such as but not limited to:
4, 5, 6, 8 and 16 (1) the rights of parental authority or guardianship,
(c) Sections 7, 10, 16, 17. either as to the person or property of any ward
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(2) the rights to dispose of such property by any act the fourth degree of consanguinity or affinity, apply
or any conveyance inter vivos, to the Board or its duly recognized representative, for
(3) and political rights such as but not limited to, treatment and rehabilitation of the drug
(4) the right to vote and be voted for. dependency.
(5) Such rights shall also be suspended during the
pendency of an appeal from such conviction. Upon such application, the Board shall bring forth
[Section 35, Article II, RA 9165] the matter to the Court which shall order that the
applicant be examined for drug dependency (Section
32 possession of marijuana is absorbed in the sale 54, Article VIII, RA 9165).
thereof, except where the seller is further
apprehended in possession of another quantity of Is there also compulsory confinement? Yes.
the prohibited drugs not covered by or included in Notwithstanding any law, rule and regulation to the
the sale and which are probably intended for some contrary, any person determined and found to be
future dealings or use by the seller. [People v. dependent on dangerous drugs shall, upon petition
Lacerna] by the Board or any of its authorized representative,
be confined for treatment and rehabilitation in any
Art. 36 (f), concerning mandatory drug testing for all Center duly designated or accredited for the
persons charged with crimes is declared purpose.
unconstitutional because it violates the right against
self-incrimination. A petition for the confinement of a person alleged to
be dependent on dangerous drugs to a Center may
Art 36 (g), concerning mandatory drug testing for be filed by any person authorized by the Board with
candidates for public office is also the Regional Trial Court of the province or city where
unconstitutional.[SJS v. Dangerous Drugs Board] such person is found. (Section 61, Article VIII, RA
9165).
DEFINITION OF IMPORTANT TERMS
How long will the drug dependent be confined for
Dangerous drugs: include those listed treatment and rehabilitation? Confinement in a Center
(1) in the Schedules annexed to the 1961 Single for treatment and rehabilitation shall not exceed one
Convention on Narcotic Drugs, as amended by (1) year, after which time the Court, as well as the
the 1972 Protocol, and Board, shall be apprised by the head of the
(2) in the Schedules annexed to the 1971 Single treatment and rehabilitation center of the status of
Convention on Psychotropic Substances as said drug dependent and determine whether further
enumerated in the attached annex which is an confinement will be for the welfare of the drug
integral part of this Act. [Section 3 (j), RA 9165] dependent and his/her family or the community
(Section 54, Article VIII, RA 9165).
Chemical Diversion: The sale, distribution, supply or
transport of legitimately imported, in-transit, How will a drug dependent who is under the voluntary
manufactured or procured controlled precursors and submission program and is finally discharged from
essential chemicals, in diluted, mixtures, or in confinement in the Center be exempt from criminal
concentrated form, to any person or entity engaged liability?
in the manufactured of any dangerous drugs, and (1) He/she has complied with the rules and
shall include packaging, labelling, or concealment of regulations of the center, the applicable rules
such transaction. and regulations of the Board, including the
after-care and follow-up program for at least
Controlled Precursors and Essential Chemicals: eighteen (18) months following temporary
Include those listed in Tables I and II of the 188 UN discharge from confinement in the Center
Convention Against Illicit traffic in Narcotics Drugs (2) He/she has never been charged or convicted of
and Psychotropic Substances. any offense punishable under this Act, the
Dangerous Drugs Act of 1972 or Republic Act
OTHER IMPORTANT POINTS No. 6425, as amended; the Revised Penal Code,
as amended; or any special penal laws
May a drug dependent who is found guilty of the use of (3) He/she has no record of escape from a Center
dangerous drugs voluntarily submit himself for (4) He/she poses no serious danger to
treatment and rehabilitation? Yes. The drug himself/herself, his/her family or the community
dependent may, by himself/herself or through by his/her exemption from criminal liability
his/her parent, spouse, guardian or relative within (Section 55, Article VIII, RA 916)
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What are the functions of the Dangerous Drugs Board? Customs: established usage, social conventions
(1) Be the policy-making and strategy-formulating carried on by tradition and enforced by social
body in the planning and formulation of policies disapproval of any violation thereof.
and programs on drug prevention and control.
(2) Develop and adopt a comprehensive, integrated, Grave Scandal: consists of acts which are offensive to
unified and balanced national drug abuse decency and good customs which, having committed
prevention and control strategy. publicly, have given rise to public scandal to persons
(3) Be under the Office of the President. (Section 77, who have accidentally witnessed the same.
Article IX, RA 9165)
The acts must be performed in a public place or
What is the PDEA? The PDEA is the Philippine Drug within the public knowledge or view. If it is
Enforcement Agency. It serves as the implementing committed in a private place, the crime of grave
arm of the Dangerous Drugs Board. It shall be scandal is not committed.
responsible for the efficient and effective law
enforcement of all the provisions on any dangerous In conducts involving lasciviousness, it is grave
drug and/or controlled precursor and essential scandal only where there is mutual consent. (Boado,
chemical as provided in this Act. (Section 82, Article Comprehensive Reviewer in Criminal Law)
IX, RA 916)
Any act which is notoriously offensive to decency may
bring about criminal liability for the crime of grave
scandal, Provided such act does not constitute some
Title VI. Crimes against Public other crime under the Revised Penal Code. Grave
scandal is a crime of last resort.
Morals ARTICLE 201 - IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS AND INDECENT SHOWS
CHAPTER I: Gambling and Betting Acts punished (as amended by PD No. 960, 969)
(1) Gambling (Art 195) (1) Those who shall publicly expound or proclaim
(2) Importation, sale and possession of lottery doctrines openly contrary to public morals;
tickets or advertisements (Art 196) (2) The authors of obscene literature, published
(3) Betting in sports contests (Art 197) with their knowledge in any form,
(4) Illegal betting on horse races (Art 198) (3) The editors publishing such literature;
(5) Illegal cockfighting (Art 199) (4) The owners/operators of the establishment
selling the same;
CHAPTER II: Offenses against Decency and Good (5) Those who, in theaters, fairs, cinematographs, or
Customs any other place, exhibit indecent or immoral
(1) Grave Scandal (Art 200) plays, scenes, acts, or shows,
(2) Immoral doctrines, obscene publications and
exhibitions (Art 201) it being understood that the obscene literature or
(3) Vagrancy and prostitution (Art 202) indecent or immoral plays, scenes, acts or shows,
whether live or in film, which are proscribed by virtue
CRIMES AGAINST PUBLIC MORALS hereof, shall include those which:
(a) glorify criminals or condone crimes;
ARTICLE 200 - GRAVE SCANDAL (b) serve no other purpose but to satisfy the
Elements: market for violence, lust or pornography;
(1) Offender performs an act or acts; (c) offend any race, or religion;
(2) Such act or acts be highly scandalous as (d) tend to abet traffic in and use of prohibited
offending against decency or good customs; drugs; and
(3) The highly scandalous conduct is not expressly (e) are contrary to law, public order, morals,
falling within any other article of this Code; and good customs, established policies, lawful
(4) The act or acts complained of be committed in a orders, decrees and edicts
public place or within the public knowledge or (6) Those who shall sell, give away or exhibit films,
view. (Reyes). prints, engravings, sculpture or literature which
are offensive to morals.
Decency: means proprietary of conduct; proper
observance of the requirements of modesty, good MORALS: imply conformity with the generally
taste, etc. accepted standards of goodness or rightness in
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conduct or character, sometimes, specifically, to place belonging to another without any lawful or
sexual conduct. justifiable purpose; and
(5) Prostitutes.
Offense in any of the forms mentioned in the article
is committed only when there is publicity Prostitutes: women who, for money or profit
habitually indulge in sexual intercourse or lascivious
The test of obscenity: conduct
(1) The test is objective.
(2) It is more on the effect upon the viewer and not Dissolute: lax, unrestrained, immoral
alone on the conduct of the performer.
(3) If the material has the tendency to deprave and Ruffian: brutal, violent, lawless persons
corrupt the mind of the viewer then the same is
obscene and where such obscenity is made Pimp: One who provides gratification for the lust of
publicly, criminal liability arises. others
(4) As long as the pornographic matter or exhibition
is made privately, there is no crime committed Even millionaires or one who has more than enough
under the Revised Penal Code because what is for his livelihood can commit vagrancy by habitually
protected is the morality of the public in general. associating with prostitutes, pimps, ruffians, or by
habitually lodging in houses of ill-repute. The
Jurisprudence: purpose of the law is not simply to punish a person
Postcards of Philippine inhabitants in native attire because he has no means of livelihood; it is to
were not obscene because the aggregate judgment prevent further criminality.
of the community, and the moral sense of the people
were not shocked by those pictures. They were not Any person found wandering in an estate belonging
offensive to chastity but merely depicted persons as to another whether public or private without any
they actually lived. [People v Kottinger (1923)] lawful purpose also commits vagrancy, unless his
acts constitutes some other crime in the Revised
The reaction of the public during the performance of Penal Code.
a dance by one who had nothing to cover herself
with, except nylon patches over her breasts and too The term prostitution is applicable to a woman who
abbreviated pair of nylon panties to interrupt her for profit or money habitually engages in sexual or
stark nakedness should be made the gauge in the lascivious conduct.
determination of whether the dance or exhibition
was indecent or immoral. [People v Aparici (1955)] A man, if he engages in the same conduct – sex for
money – is not a prostitute, but a vagrant.
An actual exhibition of the sexual act can have no
redeeming feature—no room for art. Therefore, it is a In law, the mere indulging in lascivious conduct
clear and unmitigated obscenity. [People v Padan habitually because of money or gain would amount
(1957)] to prostitution, even if there is no sexual intercourse.
Virginity is not a defense.
ARTICLE 202 - VAGRANCY AND PROSTITUTION (SEE RA
10158) Habituality is the controlling factor; it has to be more
Persons Liable: than one time.
(1) Any person having no apparent means of
subsistence, who has the physical ability to work There cannot be prostitution by conspiracy. One who
and who neglects to apply himself or herself to conspires with a woman in the prostitution business
some lawful calling; like pimps, taxi drivers or solicitors of clients are
(2) Any person found loitering about public or semi- guilty of the crime under Article 341 for white slavery.
public buildings or places or trampling or
wandering about the country or the streets See Special Law: PD 1563 (Mendicancy Law of 1978)
without visible means of support;
(3) Any idle or dissolute person who lodges in RA 10158: AN ACT DECRIMINALIZING VAGRANCY,
houses of ill fame; ruffians or pimps and those AMENDING ARTICLE 202 OF THE RPC
who habitually associate with prostitutes; SECTION 1. Article 202 of the Revised Penal Code is
(4) Any person who, not being included in the hereby, amended to read as follows:
provisions of other articles of this Code, shall be “Article 202.Prostitutes; Penalty. – For the purposes
found loitering in any inhabited or uninhabited of this article, women who, for money or profit,
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habitually indulge in sexual intercourse or lascivious c) Masiao. - An illegal numbers game where the
conduct, are deemed to be prostitutes. winning combination is derived from the results of
“Any person found guilty of any of the offenses the last game of Jai Alai or the Special Llave portion
covered by this article shall be punished by arresto or any result thereof based on any fictitious Jai Alai
menor or a fine not exceeding 200 pesos, and in case game consisting of ten (10) players pitted against
of recidivism, by arresto mayor in its medium period one another, and its variants.
to prision correctional in its minimum period or a fine
ranging from 200 to 2,000 pesos, or both, in the d) Last Two. - An illegal numbers game where the
discretion of the court.” winning combination is derived from the last two (2)
numbers of the first prize of the winning
SEC. 2.Effect on Pending Cases. – All pending cases Sweepstakes ticket which comes out during the
under the provisions of Article 202 of the Revised weekly draw of the Philippine Charity Sweepstakes
Penal Code on Vagrancy prior to its amendment by Office (PCSO), and its variants.
this Act shall be dismissed upon effectivity of this
Act. e) Bettor ("Mananaya", "Tayador" or variants
thereof). - Any person who places bets for
SEC. 3.Immediate Release of Convicted Persons. – himself/herself or in behalf of another person, or any
All persons serving sentence for violation of the person, other than the personnel or staff of any
provisions of Article 202 of the Revised Penal Code illegal numbers game operation.
on Vagrancy prior to its amendment by this Act shall
be immediately released upon effectivity of this Act: f) Personnel or Staff of Illegal Numbers Game
Provided, That they are not serving sentence or Operation. - Any person, who acts in the interest of
detained for any other offense or felony. the maintainer, manager or operator, such as, but
not limited to, an accountant, cashier, checker,
Under the Mendicancy Law of 1978 (PD 1563), guard, runner, table manager, usher, watcher, or any
(1) one who has no visible and legal means of other personnel performing such similar functions in
support, or lawful employment a building structure, vessel, vehicle, or any other
(2) and who is physically able to work but neglects place where an illegal numbers game is operated or
to apply himself to some lawful calling conducted.
(3) and instead uses begging as a means of living,
(4) is a mendicant. g) Collector or Agent ("Cabo", "Cobrador", "Coriador"
or variants thereof). - Any person who collects,
Any person who abets mendicancy by giving alms solicits or produces bets in behalf of his/her principal
directly to mendicants, exploited infants and minors for any illegal numbers game who is usually in
on public roads, sidewalks, parks and bridges shall possession of gambling paraphernalia.
be punished by a fine.
h) Coordinator, Controller or Supervisor
P.D. 1602 – ANTI-GAMBLING ACT AS AMENDED BY R.A. ("Encargado" or variants thereof). - Any person who
9287 – ILLEGAL NUMBERS GAME – WHICH REPEALED exercises control and supervision over the collector
ARTICLES 195-199 OF THE RPC or agent.
Sec. 2.Definition of Terms. - As used in this Act, the
following terms shall mean: i) Maintainer, Manager or Operator. - Any person
who maintains, manages or operates any illegal
a) Illegal Numbers Game. - Any form illegal number game in a specific area from whom the
gambling activity which uses numbers or coordinator, controller or supervisor, and collector or
combinations thereof as factors in giving out agent take orders.
jackpots.
j) Financiers or Capitalist. - Any person who finances
b) Jueteng. - An illegal numbers game that involves the operations of any illegal numbers game.
the combination of thirty-seven (37) numbers against
thirty-seven (37) numbers from number one (1) to k) Protector or Coddler. - Any person who lends or
thirty seven (37) or the combination of thirty-eight provides protection, or receives benefits in any
(38) numbers in some areas, serving as a form of manner in the operation of any illegal numbers
local lottery where bets are placed and accepted per game.
combination, and its variants.
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prostitution, pornography, sexual exploitation, forced pre-departure registration and services for departing
labor, slavery, involuntary servitude or debt bondage; persons for the purpose of promoting trafficking in
(c) To offer or contract marriage, real or simulated, persons;
for the purpose of acquiring, buying, offering, selling,
or trading them to engage in prostitution, (e) To facilitate, assist or help in the exit and entry of
pornography, sexual exploitation, forced labor or persons from/to the country at international and
slavery, involuntary servitude or debt bondage; local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or
(d) To undertake or organize tours and travel plans fraudulent travel documents for the purpose of
consisting of tourism packages or activities for the promoting trafficking in persons;
purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation; (f) To confiscate, conceal, or destroy the passport,
travel documents, or personal documents or
(e) To maintain or hire a person to engage in belongings of trafficked persons in furtherance of
prostitution or pornography; trafficking or to prevent them from leaving the
country or seeking redress from the government or
(f) To adopt or facilitate the adoption of persons for appropriate agencies; and
the purpose of prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary (g) To knowingly benefit from, financial or otherwise,
servitude or debt bondage; or make use of, the labor or services of a person held
to a condition of involuntary servitude, forced labor,
(g) To recruit, hire, adopt, transport or abduct a or slavery.
person, by means of threat or use of force, fraud,
deceit, violence, coercion, or intimidation for the Section 6.Qualified Trafficking in Persons. - The
purpose of removal or sale of organs of said person; following are considered as qualified trafficking:
and
(a) When the trafficked person is a child;
(h) To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad. (b) When the adoption is effected through Republic
Act No. 8043, otherwise known as the "Inter-Country
Section 5.Acts that Promote Trafficking in Persons. - Adoption Act of 1995" and said adoption is for the
The following acts which promote or facilitate purpose of prostitution, pornography, sexual
trafficking in persons, shall be unlawful: exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(a) To knowingly lease or sublease, use or allow to be
used any house, building or establishment for the (c) When the crime is committed by a syndicate, or in
purpose of promoting trafficking in persons; large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or
(b) To produce, print and issue or distribute unissued, more persons conspiring or confederating with one
tampered or fake counseling certificates, registration another. It is deemed committed in large scale if
stickers and certificates of any government agency committed against three (3) or more persons,
which issues these certificates and stickers as proof individually or as a group;
of compliance with government regulatory and pre-
departure requirements for the purpose of (d) When the offender is an ascendant, parent,
promoting trafficking in persons; sibling, guardian or a person who exercises authority
over the trafficked person or when the offense is
(c) To advertise, publish, print, broadcast or committed by a public officer or employee;
distribute, or cause the advertisement, publication,
printing, broadcasting or distribution by any means, (e) When the trafficked person is recruited to engage
including the use of information technology and the in prostitution with any member of the military or law
internet, of any brochure, flyer, or any propaganda enforcement agencies;
material that promotes trafficking in persons;
(f) When the offender is a member of the military or
(d) To assist in the conduct of misrepresentation or law enforcement agencies; and
fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from (g) When by reason or on occasion of the act of
government agencies that are mandated to provide trafficking in persons, the offended party dies,
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becomes insane, suffers mutilation or is afflicted with (e) If the offender is a corporation, partnership,
Human Immunodeficiency Virus (HIV) or the association, club, establishment or any juridical
Acquired Immune Deficiency Syndrome (AIDS). person, the penalty shall be imposed upon the
owner, president, partner, manager, and/or any
Section 7.Confidentiality. - At any stage of the responsible officer who participated in the
investigation, prosecution and trial of an offense commission of the crime or who shall have knowingly
under this Act, law enforcement officers, prosecutors, permitted or failed to prevent its commission;
judges, court personnel and medical practitioners, as
well as parties to the case, shall recognize the right (f) The registration with the Securities and Exchange
to privacy of the trafficked person and the accused. Commission (SEC) and license to operate of the
Towards this end, law enforcement officers, erring agency, corporation, association, religious
prosecutors and judges to whom the complaint has group, tour or travel agent, club or establishment, or
been referred may, whenever necessary to ensure a any place of entertainment shall be cancelled and
fair and impartial proceeding, and after considering revoked permanently. The owner, president, partner
all circumstances for the best interest of the parties, or manager thereof shall not be allowed to operate
order a closed-door investigation, prosecution or similar establishments in a different name;
trial. The name and personal circumstances of the
trafficked person or of the accused, or any other (g) If the offender is a foreigner, he shall be
information tending to establish their identities and immediately deported after serving his sentence and
such circumstances or information shall not be be barred permanently from entering the country;
disclosed to the public.
(h) Any employee or official of government agencies
In cases when prosecution or trial is conducted who shall issue or approve the issuance of travel exit
behind closed-doors, it shall be unlawful for any clearances, passports, registration certificates,
editor, publisher, and reporter or columnist in case of counseling certificates, marriage license, and other
printed materials, announcer or producer in case of similar documents to persons, whether juridical or
television and radio, producer and director of a film natural, recruitment agencies, establishments or
in case of the movie industry, or any person utilizing other individuals or groups, who fail to observe the
tri-media facilities or information technology to prescribed procedures and the requirement as
cause publicity of any case of trafficking in persons. provided for by laws, rules and regulations, shall be
held administratively liable, without prejudice to
Section 10.Penalties and Sanctions. - The following criminal liability under this Act. The concerned
penalties and sanctions are hereby established for government official or employee shall, upon
the offenses enumerated in this Act: conviction, be dismissed from the service and be
(a) Any person found guilty of committing any of the barred permanently to hold public office. His/her
acts enumerated in Section 4 shall suffer the penalty retirement and other benefits shall likewise be
of imprisonment of twenty (20) years and a fine of forfeited; and
not less than One million pesos (P1,000,000.00) but
not more than Two million pesos (P2,000,000.00); (i) Conviction by final judgment of the adopter for
(b) Any person found guilty of committing any of the any offense under this Act shall result in the
acts enumerated in Section 5 shall suffer the penalty immediate rescission of the decree of adoption.
of imprisonment of fifteen (15) years and a fine of not
less than Five hundred thousand pesos Section 11.Use of Trafficked Persons. - Any person
(P500,000.00) but not more than One million pesos who buys or engages the services of trafficked
(P1,000,000.00); persons for prostitution shall be penalized as
(c) Any person found guilty of qualified trafficking follows:
under Section 6 shall suffer the penalty of life
imprisonment and a fine of not less than Two million (a) First offense - six (6) months of community
pesos (P2,000,000.00) but not more than Five service as may be determined by the court and a fine
million pesos (P5,000,000.00); of Fifty thousand pesos (P50,000.00); and
(d) Any person who violates Section 7 hereof shall (b) Second and subsequent offenses - imprisonment
suffer the penalty of imprisonment of six (6) years of one (1) year and a fine of One hundred thousand
and a fine of not less than Five hundred thousand pesos (P100,000.00).
pesos (P500,000.00) but not more than One million
pesos (P1,000,000.00); Section 17.Legal Protection to Trafficked Persons. -
Trafficked persons shall be recognized as victims of
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the act or acts of trafficking and as such shall not be (3) Article 219 - Failure of a Responsible Public
penalized for crimes directly related to the acts of Officer to Render Accounts Before Leaving the
trafficking enumerated in this Act or in obedience to Country
the order made by the trafficker in relation thereto. In (4) Article 220 - Illegal Use of Public Funds or
this regard, the consent of a trafficked person to the Property
intended exploitation set forth in this Act shall be (5) Article 221 - Failure to Make Delivery of Public
irrelevant. Funds or Property
(6) Article 222 - Officers Included in the Preceding
Note Sec. 17: Persons trafficked (including Provisions
prostitutes) are exempt from criminal liability.
Chapter 5: Infidelity of Public Officers
Note also: Under RA 9208, persons who hire (1) Article 223 - Conniving With or Consenting to
trafficked persons are criminally liable. Not so in Art Evasion
202 RPC. (2) Article 224 - Evasion through Negligence
(3) Article 225 - Escape of Prisoner under the
Custody of a Person Not a Public Officer
(4) Article 226 - Removal, Concealment, or
Title VII. Crimes Committed Destruction of Documents
(5) Article 227 - Officer Breaking Seal
by Public Officers (6) Article 228 - Opening of Closed Documents
(7) Article 229 - Revelation of Secrets by an Officer
(8) Article 230 - Public Officers Revealing Secrets of
Chapter 1: Preliminary Provisions Private Individuals
(1) Article 203 - Who Are Public Officers
Chapter 6: Other Offenses and Irregularities by Public
Chapter 2: Malfeasance and Misfeasance in Office Officers
(1) Article 204 - Knowingly Rendering Unjust (1) Article 231 - Open Disobedience
Judgment (2) Article 232 - Disobedience to the Order of
(2) Article 205 - Judgment Rendered Through Superior Officer When Said Order Was
Negligence Suspended by Inferior Officer
(3) Article 206 - Unjust Interlocutory Order (3) Article 233 - Refusal of Assistance
(4) Article 207 - Malicious Delay in the (4) Article 234 - Refusal to Discharge Elective Office
Administration of Justice (5) Article 235 - Maltreatment of Prisoners
(5) Article 208 - Prosecution of Offenses; (6) Article 236 - Anticipation of Duties of a Public
Negligence and Tolerance Officer
(6) Article 209 - Betrayal of Trust by an Attorney or (7) Article 237 - Prolonging Performance of Duties
a Solicitor - Revelation of Secrets and Powers
(7) Article 210 - Direct Bribery (8) Article 238 - Abandonment of Office or Position
(8) Article 211 - Indirect Bribery (9) Article 239 - Usurpation of Legislative Powers
(9) Article 211-A - Qualified Bribery (10) Article 240 - Usurpation of Executive Functions
(10) Article 212 - Corruption of Public Officials (11) Article 241 - Usurpation of Judicial Functions
(11) Article 214 - Other Frauds (12) Article 242 - Disobeying Request for
Disqualification
Chapter 3: Frauds and Illegal Exactions and (13) Article 243 - Orders or Request by Executive
Transactions Officer to Any Judicial Authority
(1) Article 213 - Fraud against the Public Treasury (14) Article 244 - Unlawful Appointments
and Similar Offenses (15) Article 245 - Abuses against Chastity.
(2) Article 215 - Prohibited Transactions
(3) Article 216 - Possession of Prohibited Interest by Remember:
a Public Officer This is one of the instances where the Revised Penal
Code may be given extra-territorial application under
Chapter 4: Malversation of Public Funds and Article 2 (5) thereof.
Properties
(1) Article 217 - Malversation of Public Funds or Crimes under this title can be committed by public
Property - Presumption of Malversation officers or a non-public officer, when the latter
(2) Article 218 - Failure of Accountable Officer to become a conspirator with a public officer, or an
Render Accounts
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The Supreme Court held that not all information not fall under corruption of public officials due
received by counsel from client is classified as to the involuntariness of the act).
privileged.
In the FIRST MODE of bribery, actual receipt of the
A distinction must be made between confidential gift is not necessary.
communications relating to past crimes already
committed, and future crimes intended to be An accepted offer or promise of a gift is sufficient.
committed by the client. [People v. Sandiganbayan] However, if the offer is not accepted, only the person
offering the gift is liable for attempted corruption of
ARTICLE 210 - DIRECT BRIBERY a public officer.
Mode 1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift or In the SECOND MODE of bribery, the gift must be
present; an act constituting a crime, in accepted by the public officer.
connection with the performance of his
official duties; The GIFT must have a value or capable of pecuniary
Mode 2. Accepting a gift in consideration of the estimation. It could be in the form of money, property
execution of an act which does not or services. It cannot consist of a mere offer or
constitute a crime, in connection with the promise of a gift.
performance of his official duty;
Mode 3. Agreeing to refrain, or by refraining, from If the act required of the public officer amounts to a
doing something which is his official duty crime and he commits it, he shall be liable for the
to do, in consideration of gift or promise. penalty corresponding to the crime.
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In the latter case, it is not necessary that the officer Dacumas v. Sandiganbayan expanded the meaning
do any act. It is sufficient that he accepts the gift of “official duties”. It included those which may be in
offered by reason of his office. one’s capacity to perform by reason of his office.
If after receiving the gift, the officer does any act in ARTICLE 212 - CORRUPTION OF PUBLIC OFFICIALS
favor of the giver which is unfair to the others, the Elements:
crime continues to be indirect bribery. (1) Offender makes offers or promises or gives gifts
or presents to a public officer;
Precisely the evil of indirect bribery is in its tendency (2) The offers or promises are made or the gifts or
to produce future, unspecified, and unwarranted presents given to a public officer, under
favors from the official. circumstances that will make the public officer
liable for direct bribery or indirect bribery.
This is always in the consummated stage. There is
no attempted much less frustrated stage in indirect The offender is the giver of the gift or the offeror of
bribery. the promise.
There must be clear intention on the part of the The act may or may not be accomplished.
public officer:
(1) to take the gift offered and CHAPTER III: FRAUDS AND ILLEGAL EXACTIONS
(2) consider the property as his own for that AND TRANSACTIONS
moment.
ARTICLE 213 - FRAUD AGAINST THE PUBLIC TREASURY
Mere physical receipt unaccompanied by any other AND SIMILAR OFFENSES
sign, circumstance or act to show such acceptance is
not sufficient to convict the officer. Mode 1 Entering into an agreement with any
interested party or speculator or making
Public officers receiving gifts and private persons use of any other scheme, to defraud the
giving gifts on any occasion, including Christmas are government, in dealing with any person
liable under PD 46. with regard to furnishing supplies, the
making of contracts, or the adjustment or
ARTICLE 211-A - QUALIFIED BRIBERY settlement of accounts relating to public
property or funds;
Elements:
(1) Offender is a public officer entrusted with law Mode 2 Demanding, directly or indirectly, the
enforcement; payment of sums different from or larger
(2) He refrains from arresting or prosecuting an than those authorized by law, in collection
offender who has committed a crime punishable of taxes, licenses, fees, and other imposts;
by reclusion perpetua and/or death;
(3) Offender refrains from arresting or prosecuting Mode 3 Failing voluntarily to issue a receipt, as
in consideration of any offer, promise, gift, or provided by law, for any sum of money
present. collected by him officially, in the collection
of taxes, licenses, fees and other imposts;
The crime of qualified bribery may be committed
only by public officers “entrusted with enforcement” Mode 4 Collecting or receiving, directly or indirectly, by
(those whose official duties authorize them to arrest way of payment or otherwise, things or
or prosecute offenders). objects of a nature different from that
provided by law, in the collection of taxes,
The penalty is qualified if the public officer is the one licenses, fees and other imposts.
who asks or demands such present.
Elements of Fraud against Public Treasury (par.1):
If the penalty imposed is lower than reclusion (1) That the offender is a public officer
perpetua and/or death had the offender been (2) That he should have taken advantage of his
arrested or the crime prosecuted, the crime is direct public office, that is, he intervened in the
bribery. transaction in his official capacity
(3) That he entered into an agreement with any
The dereliction of the duty punished under Article interested party or speculator or made use of
208 of the Revised Penal Code is absorbed in any other scheme with regard to:
Qualified Bribery.
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Fraud is not necessary. Intervention must be by If the public officer is not accountable for the funds
virtue of the public office held. or property but someone else is, the crime
committed is theft or qualified theft if there is an
The basis here is the possibility that fraud may be abuse of confidence.
committed or that the officer may place his own
interest above that of the government or party he Returning the malversed funds is not exempting, it is
represents. only mitigating.
CHAPTER IV: MALVERSATION OF PUBLIC A person whose negligence made possible the
FUNDS OR PROPERTY commission of malversation by another can be held
liable as a principal by indispensable cooperation
ARTICLE 217 - MALVERSATION OF PUBLIC FUNDS OR
PROPERTY - PRESUMPTION OF MALVERSATION Demand as well as damage to the government are
Mode 1. Appropriating public funds or property; not necessary elements
Mode 2. Taking or misappropriating the same; A private person may also commit malversation
under the following situations:
Mode 3. Consenting, or through abandonment or (1) Conspiracy with a public officer in committing
negligence, permitting any other person to malversation;
take such public funds or property; and (2) When he has become an accomplice or
accessory to a public officer who commits
Mode 4. Being otherwise guilty of the malversation;
misappropriation or malversation of such (3) When the private person is made the custodian
funds or property. in whatever capacity of public funds or property,
whether belonging to national or local
Elements common to all modes: government, and he misappropriates the same;
(1) Offender is a public officer; (4) When he is constituted as the depositary or
(2) He had the custody or control of funds or administrator of funds or property seized or
property by reason of the duties of his office; attached by public authority even though said
(3) Those funds or property were public funds or funds or property belong to a private individual.
property for which he was accountable;
(4) He appropriated, took, misappropriated or Technical malversation (Article 220) is not included
consented or, through abandonment or in the crime of malversation.
negligence, permitted another person to take
them. Presumption of misappropriation: When a demand is
made upon an accountable officer and he cannot
Malversation is also called embezzlement. produce the fund or property involved, there is a
prima facie presumption that he had converted the
The public officer must have official custody or the same to his own use. There must be indubitable
duty to collect or receive funds due the government, proof that thing unaccounted for exists.
or the obligation to account for them.
Audit should be made to determine if there was
It is not necessary that the offender profited for as shortage. Audit must be complete and trustworthy.
long as the accountable officer was remiss in his duty If there is doubt, presumption does not arise.
of safekeeping public funds or property. He is liable
for malversation if such funds were lost or otherwise The accused incurred shortage (P1.74) mainly
misappropriated by another. because the auditor disallowed certain cash
advances the accused granted to employees. But on
It can be committed either with malice or through the same date that the audit was made, he partly
negligence or imprudence. This is one crime in the reimbursed the amount and paid it in full three days
Revised Penal Code where the penalty is the same later.
whether committed with dolo or through culpa.
The Supreme Court considered the circumstances as
The nature of the duties of the public officer, not the negative of criminal intent. The cash advances were
name of the office, is controlling. The funds or made in good faith and out of good will to co-
property must be received in an official capacity. employees which was a practice tolerated in the
Otherwise, the crime committed is estafa.
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office. There was no negligence, malice, nor intent to Demand for accounting is not necessary. It is also not
defraud. [Quizo v. Sandiganbayan] essential that there be misappropriation because if
present, the crime would be malversation.
Estafa with Abuse of
Malversation (Art. 217) ARTICLE 219 - FAILURE OF A RESPONSIBLE PUBLIC
Confidence (Art. 315)
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE
Funds or property usually Funds/property are COUNTRY
public always private
Elements:
Offender is usually a public Offender is a private (1) Offender is a public officer;
officer who is accountable for individual or even a (2) He is an accountable officer for public funds or
the public funds/property public officer who is property;
not accountable for (3) He unlawfully leaves or attempts to leave the
public funds/property Philippine Islands without securing a certificate
Crime is committed by Crime is committed by from the Commission on Audit showing that his
appropriating, taking, or misappropriating, accounts have been finally settled.
misappropriating/consenting converting, or denying
or through abandonment or having received money, The act of leaving the country must be unauthorized
negligence, permitting any goods or other or not permitted by law.
other person to take the personal property
public funds/property The purpose of the law is to discourage responsible
No element of damage. There is damage. or accountable officers from leaving without first
liquidating their accountability. It is not necessary
Demand not necessary. There is a need for that they really misappropriated public funds.
prior demand.
ARTICLE 220 - ILLEGAL USE OF PUBLIC FUNDS OR
A routine government audit was conducted in Wa- PROPERTY
Acon’s office and it was discovered that the sacks of Elements:
rice entrusted to him for safekeeping were missing. (1) Offender is a public officer;
(2) There are public funds or property under his
Art 217 no longer requires proof by the State that the administration;
accused actually appropriated, took, or (3) Such fund or property were appropriated by law
misappropriated public funds or property; instead, a or ordinance;
presumption, though disputable and rebuttable, was (4) He applies such public fund or property to any
installed upon demand by any duly authorized public use other than for which it was
officer, the failure of a public officer to have duly appropriated for.
forthcoming any public funds or property which said
officer is accountable for should be prima facie Illegal use of public funds or property is also known
evidence that he had put such missing funds or as technical malversation. The term technical
properties to personal use. [People v. Wa-Acon malversation is used because in this crime, the fund
(2006)] or property involved is already appropriated or
earmarked for a certain public purpose.
ARTICLE 218 - FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS
Regardless of damage or embarrassment to the
Elements: public service.
(1) Offender is public officer, whether in the service
or separated therefrom by resignation or any Technical malversation
other cause; Malversation (Art. 217)
(Art. 220)
(2) He is an accountable officer for public funds or
property; The offender The public officer applies
(3) He is required by law or regulation to render misappropriates public the public funds or
account to the Commission on Audit, or to a funds or property for his property under his
provincial auditor; own personal use, or administration to another
(4) He fails to do so for a period of two months after allows any other person to public use different from
such accounts should be rendered. take such funds or that for which the public
property for the latter’s fund was appropriated by
own personal use. law or ordinance.
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Mode 2. Refusing to make delivery by a public officer This includes allowing prisoners to sleep and eat in
who has been ordered by competent the officer’s house or utilizes the prisoner’s services
authority to deliver any property in his for domestic chores.
custody or under his administration.
The release of a detention prisoner who could not be
Elements: delivered to judicial authorities within the time fixed
(1) Public officer has government funds in his by law is not infidelity in the custody of a prisoner.
possession;
ARTICLE 224 - EVASION THROUGH NEGLIGENCE
(2) He is under obligation to either:
(a) make payment from such funds; Elements:
(b) to deliver any property in his custody or (1) Offender is a public officer;
under his administration (2) He is charged with the conveyance or custody of
(3) He maliciously fails to make the payment or a prisoner or prisoner by final judgment;
refuses to make delivery. (3) Such prisoner escapes through negligence.
(4) He maliciously fails to make the payment.
This covers only positive carelessness and definite
ARTICLE 222 - OFFICERS INCLUDED IN THE PRECEDING laxity which amounts to deliberate non-performance
PROVISIONS of duties.
(1) Private individual who, in any capacity, have The fact that the public officer recaptured the
charge of any national, provincial or municipal prisoner who had escaped from his custody does not
funds, revenue, or property afford complete exculpation.
(2) Administrator or depositary of funds or property
that has been attached, seized or deposited by The liability of an escaping prisoner:
public authority, even if owned by a private (1) If he is a prisoner by final judgment, he is liable
individual. for evasion of service (Art. 157)
(2) If he is a detention prisoner, he does not incur
Sheriffs and receivers fall under the term criminal liability (unless cooperating with the
“administrator.” A judicial administrator in charge of offender).
settling the estate of the deceased is not covered by
ARTICLE 225 - ESCAPE OF PRISONER UNDER THE
the article.
CUSTODY OF A PERSON NOT A PUBLIC OFFICER
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Art. 225 not applicable if a private person was the Damage to public interest is necessary. However,
one who made the arrest and he consented to the material damage is not necessary.
escape of the person he arrested.
Removal is consummated upon taking or secreting
Policeman Rodillas escorted detained prisoner Sacris away of the document from its usual place. It is
to the court. After the court adjourned he let her eat immaterial whether or not the illicit purpose of the
lunch with her family, permitted her to go to the offender has been accomplished.
ladies washroom unescorted and after her escape,
did not report it immediately to his superiors, instead This could cover failure on the part of the post office
he went around looking for her. to forward the letters to their destination.
SC held that he is guilty of the crime in Art 224 for Damage in this article may consist in mere alarm to
being negligent in the performance of his duties the public or in the alienation of its confidence in any
which made the escape of Sacris possible. [People v. branch of the government service.
Rodillas]
ARTICLE 227 - OFFICER BREAKING SEAL
ARTICLE 226 - REMOVAL, CONCEALMENT, OR
Elements:
DESTRUCTION OF DOCUMENTS
(1) Offender is a public officer;
Revelation Of Secrets By An Removal, Concealment or (2) He is charged with the custody of papers or
Officer (Art. 229) Destruction of Documents property;
(Art. 226) (3) These papers or property are sealed by proper
authority;
The papers contain secrets The papers do not contain
(4) He breaks the seal or permits them to be
and therefore should not secrets but their removal is
broken.
be published, and the for an illicit purpose.
public officer having
In "breaking of seal", the word "breaking" should not
charge thereof removes
be given a literal meaning. Even if actually, the seal
and delivers them
was not broken, because the custodian managed to
wrongfully to a third
open the parcel without breaking the seal.
person.
The element of damage is not required.
Elements:
(1) Offender is a public officer; ARTICLE 228 - OPENING OF CLOSED DOCUMENTS
(2) He abstracts, destroys or conceals a document Elements:
or papers; (1) Offender is a public officer;
(3) Said document or papers should have been (2) Any closed papers, documents, or objects are
entrusted to such public officer by reason of his entrusted to his custody;
office; (3) He opens or permits to be opened said closed
(4) Damage, whether serious or not, to a third party papers, documents or objects;
or to the public interest has been caused. (4) He does not have proper authority.
Can only be committed by the public officer who is The act should not fall under 227. Damage also not
made the custodian of the document in his official necessary
capacity.
ARTICLE 229 - REVELATION OF SECRETS BY AN OFFICER
If the officer was placed in possession of the
document but it is not his duty to be the custodian Mode 1. Revealing any secrets known to the
thereof, this crime is not committed. offending public officer by reason of his
official capacity;
The document must be complete and one by which a
right could be established or an obligation could be Elements:
extinguished. (1) Offender is a public officer;
(2) He knows of a secret by reason of his official
If the writings are mere forms, there is no crime. capacity;
(3) He reveals such secret without authority or
justifiable reasons;
(4) Damage, great or small, is caused to the public
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interest.
CHAPTER VI: OTHER OFFENSES OR
Mode 2. Wrongfully delivering papers or copies of IRREGULARITIES BY PUBLIC OFFICERS
papers of which he may have charge and
ARTICLE 231 - OPEN DISOBEDIENCE
which should not be published.
Elements:
Elements: (1) Officer is a judicial or executive officer;
(1) Offender is a public officer; (2) There is a judgment, decision or order of a
(2) He has charge of papers; superior authority;
(3) Those papers should not be published; (3) Such judgment, decision or order was made
(4) He delivers those papers or copies thereof to a within the scope of the jurisdiction of the
third person; superior authority and issued with all the legal
(5) The delivery is wrongful; formalities;
(6) Damage is caused to public interest. (4) He, without any legal justification, openly
refuses to execute the said judgment, decision or
Espionage is not contemplated in this article since order, which he is duty bound to obey.
revelation of secrets of the State to a belligerent
nation is already defined in Art 117 and CA 616. ARTICLE 232 - DISOBEDIENCE TO THE ORDER OF
SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED
Secrets must affect public interest. Secrets of private BY INFERIOR OFFICER
persons are not included. Elements:
(1) Offender is a public officer;
“Charge”: means custody or control. If he is merely (2) An order is issued by his superior for execution;
entrusted with the papers and not with the custody (3) He has for any reason suspended the execution
thereof, he is not liable under this article. of such order;
(4) His superior disapproves the suspension of the
If the papers contain secrets which should not be execution of the order;
published, and the public officer having charge (5) Offender disobeys his superior despite the
thereof removes and delivers them wrongfully to a disapproval of the suspension.
third person, the crime is revelation of secrets.
This does not apply if the order of the superior is
On the other hand, if the papers do not contain illegal.
secrets, their removal for an illicit purpose is infidelity
in the custody of documents. ARTICLE 233 - REFUSAL OF ASSISTANCE
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Abandonment of Office or
Dereliction of Duty The disobedient officer is liable even if the
Position
(Art. 208) jurisdictional question is resolved in his favor.
(Art. 238)
resignation to evade the merely fails to prosecute a ARTICLE 243 - ORDERS OR REQUEST BY EXECUTIVE
discharge of duties violation of the law. OFFICER TO ANY JUDICIAL AUTHORITY
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(1) Offender is a public officer; (c) "Receiving any gift" includes the act of accepting
(2) He solicits or makes immoral or indecent directly or indirectly a gift from a person other than a
advances to a woman; member of the public officer's immediate family, in
(3) Such woman is – behalf of himself or of any member of his family or
(a) interested in matters pending before the relative within the fourth civil degree, either by
offender for decision, or with respect to which he consanguinity or affinity, even on the occasion of a
is required to submit a report to or consult with a family celebration or national festivity like Christmas,
superior officer; or if the value of the gift is under the circumstances
(b) under the custody of the offender who is a manifestly excessive.
warden or other public officer directly charged
with the care and custody of prisoners or (d) "Person" includes natural and juridical persons,
persons under arrest; or unless the context indicates otherwise.
(c) the wife, daughter, sister or relative within the
same degree by affinity of the person in the Section 3.Corrupt practices of public officers. In
custody of the offender. addition to acts or omissions of public officers
already penalized by existing law, the following shall
The crime is consummated by mere proposal. constitute corrupt practices of any public officer and
are hereby declared to be unlawful:
The mother of the person in the custody of the public
officer is not included but the offender may be (a) Persuading, inducing or influencing another
prosecuted under the Section 28 of RA 3019 (Anti- public officer to perform an act constituting a
Graft and Corrupt Practices Act). violation of rules and regulations duly promulgated
by competent authority or an offense in connection
If the offender were not the custodian, then crime with the official duties of the latter, or allowing
would fall under Republic Act No. 3019 (The Anti- himself to be persuaded, induced, or influenced to
Graft and Corrupt Practices Act). commit such violation or offense.
Solicit: means to propose earnestly and persistently (b) Directly or indirectly requesting or receiving any
something unchaste and immoral to a woman. The gift, present, share, percentage, or benefit, for
advances must be immoral or indecent. himself or for any other person, in connection with
any contract or transaction between the Government
Proof of solicitation is not necessary when there is and any other part, wherein the public officer in his
sexual intercourse. official capacity has to intervene under the law.
Abuse against chastity is not absorbed in rape (c) Directly or indirectly requesting or receiving any
because the basis of penalizing the acts is different gift, present or other pecuniary or material benefit,
from each other for himself or for another, from any person for whom
the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any
RA 3019: ANTI-GRAFT AND CORRUPT PRACTICES
Government permit or license, in consideration for
Section 2.Definition of terms. As used in this Act, the help given or to be given, without prejudice to
that term Section thirteen of this Act.
(a) "Government" includes the national government, (d) Accepting or having any member of his family
the local governments, the government-owned and accept employment in a private enterprise which has
government-controlled corporations, and all other pending official business with him during the
instrumentalities or agencies of the Republic of the pendency thereof or within one year after its
Philippines and their branches. termination.
(b) "Public officer" includes elective and appointive (e) Causing any undue injury to any party, including
officials and employees, permanent or temporary, the Government, or giving any private party any
whether in the classified or unclassified or exempt unwarranted benefits, advantage or preference in
service receiving compensation, even nominal, from the discharge of his official administrative or judicial
the government as defined in the preceding functions through manifest partiality, evident bad
subparagraph. faith or gross inexcusable negligence. This provision
shall apply to officers and employees of offices or
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government corporations charged with the grant of confidential information referred to in subparagraph
licenses or permits or other concessions. (k) of this section shall, together with the offending
public officer, be punished under Section nine of this
(f) Neglecting or refusing, after due demand or Act and shall be permanently or temporarily
request, without sufficient justification, to act within disqualified in the discretion of the Court, from
a reasonable time on any matter pending before him transacting business in any form with the
for the purpose of obtaining, directly or indirectly, Government.
from any person interested in the matter some
pecuniary or material benefit or advantage, or for the Section 4.Prohibition on private individuals. (a) It
purpose of favoring his own interest or giving undue shall be unlawful for any person having family or
advantage in favor of or discriminating against any close personal relation with any public official to
other interested party. capitalize or exploit or take advantage of such family
or close personal relation by directly or indirectly
(g) Entering, on behalf of the Government, into any requesting or receiving any present, gift or material
contract or transaction manifestly and grossly or pecuniary advantage from any other person
disadvantageous to the same, whether or not the having some business, transaction, application,
public officer profited or will profit thereby. request or contract with the government, in which
such public official has to intervene. Family relation
(h) Director or indirectly having financing or shall include the spouse or relatives by consanguinity
pecuniary interest in any business, contract or or affinity in the third civil degree. The word "close
transaction in connection with which he intervenes or personal relation" shall include close personal
takes part in his official capacity, or in which he is friendship, social and fraternal connections, and
prohibited by the Constitution or by any law from professional employment all giving rise to intimacy
having any interest. which assures free access to such public officer.
(i) Directly or indirectly becoming interested, for (b) It shall be unlawful for any person knowingly to
personal gain, or having a material interest in any induce or cause any public official to commit any of
transaction or act requiring the approval of a board, the offenses defined in Section 3 hereof.
panel or group of which he is a member, and which
exercises discretion in such approval, even if he votes Section 5.Prohibition on certain relatives. It shall be
against the same or does not participate in the unlawful for the spouse or for any relative, by
action of the board, committee, panel or group. consanguinity or affinity, within the third civil degree,
of the President of the Philippines, the Vice-
Interest for personal gain shall be presumed against President of the Philippines, the President of the
those public officers responsible for the approval of Senate, or the Speaker of the House of
manifestly unlawful, inequitable, or irregular Representatives, to intervene, directly or indirectly, in
transaction or acts by the board, panel or group to any business, transaction, contract or application
which they belong. with the Government: Provided, That this section
shall not apply to any person who, prior to the
(j) Knowingly approving or granting any license, assumption of office of any of the above officials to
permit, privilege or benefit in favor of any person not whom he is related, has been already dealing with
qualified for or not legally entitled to such license, the Government along the same line of business, nor
permit, privilege or advantage, or of a mere to any transaction, contract or application already
representative or dummy of one who is not so existing or pending at the time of such assumption of
qualified or entitled. public office, nor to any application filed by him the
approval of which is not discretionary on the part of
(k) Divulging valuable information of a confidential the official or officials concerned but depends upon
character, acquired by his office or by him on account compliance with requisites provided by law, or rules
of his official position to unauthorized persons, or or regulations issued pursuant to law, nor to any act
releasing such information in advance of its lawfully performed in an official capacity or in the
authorized release date. exercise of a profession.
The person giving the gift, present, share, Section 6.Prohibition on Members of Congress. It
percentage or benefit referred to in subparagraphs shall be unlawful hereafter for any Member of the
(b) and (c); or offering or giving to the public officer Congress during the term for which he has been
the employment mentioned in subparagraph (d); or elected, to acquire or receive any personal pecuniary
urging the divulging or untimely release of the interest in any specific business enterprise which will
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be directly and particularly favored or benefited by manifestly out of proportion to his salary and other
any law or resolution authored by him previously lawful income.
approved or adopted by the Congress during the
same term. Any complaining party at whose complaint the
criminal prosecution was initiated shall, in case of
The provision of this section shall apply to any other conviction of the accused, be entitled to recover in
public officer who recommended the initiation in the criminal action with priority over the forfeiture in
Congress of the enactment or adoption of any law or favor of the Government, the amount of money or
resolution, and acquires or receives any such interest the thing he may have given to the accused, or the
during his incumbency. fair value of such thing.
It shall likewise be unlawful for such member of (b) Any public officer violating any of the provisions
Congress or other public officer, who, having such of Section 7 of this Act shall be punished by a fine of
interest prior to the approval of such law or not less than one thousand pesos nor more than five
resolution authored or recommended by him, thousand pesos, or by imprisonment not exceeding
continues for thirty days after such approval to retain one year six months, or by both such fine and
such interest. imprisonment, at the discretion of the Court.
Section 8.Prima facie evidence of and dismissal due The violation of said section proven in a proper
to unexplained wealth. — If in accordance with the administrative proceeding shall be sufficient cause
provisions of Republic Act Numbered One thousand for removal or dismissal of a public officer, even if no
three hundred seventy-nine, a public official has criminal prosecution is instituted against him.
been found to have acquired during his incumbency,
whether in his name or in the name of other persons, Section 13.Suspension and loss of benefits.
an amount of property and/or money manifestly out Any incumbent public officer against whom any
of proportion to his salary and to his other lawful criminal prosecution under a valid information under
income, that fact shall be a ground for dismissal or this Act or under Title 7, Book II of the Revised Penal
removal. Properties in the name of the spouse and Code or for any offense involving fraud upon
dependents of such public official may be taken into government or public funds or property whether as a
consideration, when their acquisition through simple or as complex offense and in whether stage of
legitimate means cannot be satisfactorily shown. execution and mode of participation, is pending in
Bank deposits in the name of or manifestly excessive court, shall be suspended from office. Should he be
expenditures incurred by the public official, his convicted by final judgment, he shall lose all
spouse or any of their dependents including but not retirement or gratuity benefits under any law, but if
limited to activities in any club or association or any he is acquitted, he shall be entitled to reinstatement
ostentatious display of wealth including frequent and to the salaries and benefits which he failed to
travel abroad of a non-official character by any receive during suspension, unless in the meantime
public official when such activities entail expenses administrative proceedings have been filed against
evidently our of proportion to legitimate income, him.
shall likewise be taken into consideration in the
enforcement of this section, notwithstanding any “In the event that such convicted officer, who may
provision of law to the contrary. The circumstances have already been separated from the service, has
hereinabove mentioned shall constitute valid ground already received such benefits he shall be liable to
for the administrative suspension of the public restitute the same to the Government.
official concerned for an indefinite period until the
investigation of the unexplained wealth is Section 14.Exception. Unsolicited gifts or presents of
completed. small or insignificant value offered or given as a
mere ordinary token of gratitude or friendship
Section 9.Penalties for violations. according to local customs or usage, shall be
(a) any public officer or private person committing excepted from the provisions of this Act.
any of the unlawful acts or omissions enumerated in
Sections 3, 4, 5 and 6 of this Act shall be punished Nothing in this Act shall be interpreted to prejudice
with imprisonment for not less than six years and or prohibit the practice of any profession, lawful
one month nor more than fifteen years, perpetual trade or occupation by any private person or by any
disqualification from public office, and confiscation public officer who under the law may legitimately
or forfeiture in favor of the Government of any practice his profession, trade or occupation, during
prohibited interest and unexplained wealth his incumbency, except where the practice of such
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profession, trade or occupation involves conspiracy 6) By taking undue advantage of official position,
with any other person or public official to commit any authority, relationship, connection or influence to
of the violations penalized in this Act. unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino
RA 7080: ANTI-PLUNDER ACT people and the Republic of the Philippines.
Section 1. Definition of Terms - As used in this Act,
the term Section 2. Definition of the Crime of Plunder;
a) Public Officer means any person holding any Penalties - Any public officer who, by himself or in
public office in the Government of the Republic of connivance with members of his family, relatives by
the Philippines by virtue of an appointment, election affinity or consanguinity, business associates,
or contract. subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a
b) Government includes the National Government, combination or series of overt or criminal acts as
and any of its subdivisions, agencies or described in Section 1(d) hereof, in the aggregate
instrumentalities, including government-owned or - amount or total value of at least Seventy-five million
controlled corporations and their subsidiaries. pesos (P75,000,000.00), shall be guilty of the crime
of plunder and shall be punished by life
c) Person includes any natural or juridical person, imprisonment with perpetual absolute
unless the context indicates otherwise. disqualification from holding any public office. Any
person who participated with said public officer in
d) Ill-gotten wealth means any asset, property, the commission of plunder shall likewise be
business enterprise or material possession of any punished. In the imposition of penalties, the degree
person within the purview of Section Two (2) hereof, of participation and the attendance of mitigating and
acquired by him directly or indirectly through extenuating circumstances shall be considered by
dummies, nominees, agents, subordinates and/or the court. The court shall declare any and all ill-
business associates by any combination or series of gotten wealth and their interests and other incomes
the following means or similar schemes: and assets including the properties and shares of
stock derived from the deposit or investment thereof
1) Through misappropriation, conversion, misuse, or forfeited in favor of the State.
malversation of public funds or raids on the public
treasury; RA 9372: HUMAN SECURITY ACT
(Refer to Title I)
2) By receiving, directly or indirectly, any commission,
gift, share, percentage, kickbacks or any other form
of pecuniary benefit from any person and/or entity in
connection with any government contract or project
or by reason of the office or position of the public Title VIII. Crimes against
officer concerned; Persons
3) By the illegal or fraudulent conveyance or
disposition of assets belonging to the National Chapter I: Destruction of Life
Government or any of its subdivisions, agencies or (1) Article 246 – Parricide
instrumentalities or government-owned or - (2) Article 247 - Death or Physical Injuries Under
controlled corporations and their subsidiaries; Exceptional Circumstances
(3) Article 248 – Murder
4) By obtaining, receiving or accepting directly or (4) Article 249 – Homicide
indirectly any shares of stock, equity or any other (5) Article 250 - Penalty for Frustrated Parricide,
form of interest or participation including promise of Murder or Homicide
future employment in any business enterprise or (6) Article 251 - Death Caused in Tumultuous Affray
undertaking; (7) Article 252 - Physical Injuries Caused in
Tumultuous Affray
5) By establishing agricultural, industrial or (8) Article 253 - Giving Assistance to Suicide
commercial monopolies or other combinations (9) Article 254 - Discharge of Firearms
and/or implementation of decrees and orders (10) Article 255 – Infanticide
intended to benefit particular persons or special (11) Article 256 - Intentional Abortion
interests; or (12) Article 257 - Unintentional Abortion
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(13) Article 258 - Abortion Practiced by the Woman parricide but only homicide or murder, as the case
Herself or by Parents may be.
(14) Article 259 - Abortion by a Physician or Midwife
and Dispensing of Abortives The key element in parricide is the relationship of the
(15) Article 260 - Responsibility of Participants in a offender with the victim. Ergo, the fact of the
Duel relationship should be alleged in the information.
(16) Article 261 - Challenging to a Duel [People vs. Dalag]
Chapter II: Physical Injuries Since the accused’s relationship to the victim is not
(1) Article 262 – Mutilation alleged in the information, she can be convicted of
(2) Article 263 - Serious Physical Injuries murder only. Relationship can be appreciated as a
(3) Article 264 - Administering Injurious Substances generic aggravating circumstance onlyl. [People v.
or Beverages Jumawan]
(4) Article 265 - Less Serious Physical Injuries
(5) Article 266 - Slight Physical Injuries and ARTICLE 247 - DEATH OR PHYSICAL INJURIES UNDER
Maltreatment EXCEPTIONAL CIRCUMSTANCES
(6) Article 266-A - Rape (amended by RA 8353) Elements:
(1) A legally married person, or a parent, surprises
About this Title: The essence of crimes involves the his spouse or his daughter, the latter under 18
taking of human life, destruction of the fetus, or years of age and living with him in the act of
inflicting injuries. sexual intercourse with another person;
(2) He or she kills any or both of them, or inflicts
CHAPTER I DESTRUCTION OF LIFE upon any or both of them any serious physical
injury in the act or immediately thereafter;
ARTICLE 246 - PARRICIDE (3) He has not promoted or facilitated the
Elements: prostitution of his wife or daughter, or that she
(1) Person is killed; has not consented to the infidelity of the other
(2) Deceased is killed by the accused; spouse.
(3) Deceased is the
(a) legitimate/illegitimate father “Living with parent(s)” is understood to be in their
(b) legitimate/illegitimate mother own dwelling.
(c) legitimate/illegitimate child
* should not be less than 3 days old, If done in a motel, article does not apply.
otherwise crime is infanticide
(d) other legitimate ascendant “Surprise” means “to come upon suddenly and
(e) other legitimate descendant unexpectedly.”
(f) legitimate spouse.
Immediately thereafter: there is no set time as
Essential element: relationship of offender with the jurisprudence has held 1 hour or even 4 hours as
victim; except for spouses, only relatives by blood “immediately thereafter”. However, the act done
and in direct line. Hence, adopted are not included. must be a direct result of the outrage of the
[Reyes] cuckolded spouse, and a continuous act from the
moment of the surprising.
Supreme Court ruled that Muslim husbands with
several wives can be convicted of parricide only in Article does not apply: If the surprising took place
case the first wife is killed. before any actual sexual intercourse could be done.
Destierro for killer spouse is not so much a penalty as
Parricide when the penalty shall not be reclusion it is meant to protect him from acts of reprisal by
perpetua to death: relatives of dead spouse. This is because law regards
(1) Reckless or simple imprudence (Art. 365) the act done in 247 as a lawful action.
(2) Parricide by mistake (Art. 49)
(3) Parricide under exceptional circumstances No criminal liability when less serious or slight
(Art. 247) physical injuries are inflicted.
A stranger who cooperates and takes part in the Does this article apply even if the daughter is
commission of the crime of parricide, is not guilty of married? Although the article does not use the word
“unmarried,” this article applies only when the
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daughter is single because while under 18 and single, destructive cyclone, epidemic, or any other
she is still under parental authority. If she is married, public calamity;
her husband alone can claim the benefits of this (e) with evident premeditation;
article. (f) with cruelty, by deliberately and inhumanly
augmenting the suffering of the victim, or
Evidence of the victim’s promiscuity is outraging or scoffing at his person or
inconsequential to the killing. The offender must corpse.
prove that he actually surprised his wife and [her (4) The killing is not parricide or infanticide.
paramour] in flagrante delicto, and that he killed the
man during or immediately thereafter. [People v. One attendant qualifying circumstance is enough. If
Puedan] there are more than one alleged in the information
for murder, only one will qualify the killing to murder
The killing must be the direct result of the outrage and the other circumstances will be taken as generic
suffered by the cuckolded husband. aggravating circumstance.
Although about one hour had passed between the Any of the qualifying circumstances enumerated in
time the accused discovered his wife having sexual Art. 248 must be alleged in the information. When
intercourse with the victim and the time the latter the other circumstances are absorbed or included in
was actually killed, it was held that Article 247 was one qualifying circumstance, they cannot be
applicable, as the shooting was a continuation of the considered as generic aggravating.
pursuit of the victim by the accused.
When the victim is already dead, intent to kill
Inflicting death under exceptional circumstances is becomes irrelevant. It is important only if the victim
not murder. did not die to determine if the felony is physical injury
or attempted or frustrated homicide.
Two other persons suffered physical injuries as they
were caught in the crossfire when the accused shot TREACHERY
the victim. A complex crime of double frustrated The essence of treachery is that the offended party
murder was not committed as the accused did not was denied the chance to defend himself because of
have the intent to kill the two victims. Here, the the means, methods, deliberately adopted by the
accused did not commit murder when he fired at the offender and were not merely incidental to the
paramour of his wife. No aberratio ictus because he killing.
was acting lawfully. [People v. Abarca]
Killing of a child of tender age is murder qualified by
ARTICLE 248 - MURDER treachery.
Elements:
(1) Person was killed; Abuse of superior strength is inherent in and
(2) Accused killed him; comprehended by the circumstance of treachery or
(3) Killing attended by any of the following forms part of treachery.
2 2
qualifying circumstances – (EPIC SW AT)
(a) with treachery, taking advantage of superior FIRE
strength, with the aid of armed men, or When a person is killed by fire, the primordial
employing means to weaken the defense, or criminal intent of the offender is considered.
of means or persons to insure or afford
impunity; If the primordial criminal intent of the offender is to
(b) in consideration of a price, reward or kill and fire was only used as a means to do so, the
promise; crime is only murder.
(c) by means of inundation, fire, poison,
explosion, shipwreck, stranding of a vessel, If the primordial criminal intent of the offender is to
derailment or assault upon a railroad, fall of destroy property with the use of pyrotechnics and
an airship, by means of motor vehicles, or incidentally, somebody within the premises is killed,
with the use of any other means involving the crime is arson with homicide, a single indivisible
great waste and ruin; crime penalized under Article 326, which is death as
(d) on occasion of any of the calamities a consequence of arson.
enumerated in the preceding paragraph, or
of an earthquake, eruption of a volcano,
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Intent to kill must be present for the use of fire to be Use of unlicensed firearm is an aggravating
appreciated as a qualifying circumstance. Intending circumstance in homicide.
to make fun of a mentally-disabled person, Pugay
poured gasoline on the latter while Samson set him Intent to kill is conclusively presumed when death
on fire. The victim died. resulted. Evidence of intent to kill is important only in
attempted or frustrated homicide.
There was no animosity between the two accused
and the victim such that it cannot be said that they In attempted or frustrated homicide, there is intent
resort to fire to kill him. It was merely a part of their to kill. In physical injuries, there is none. However, if
fun making but because their acts were felonious, as a result of the physical injuries inflicted, the victim
they are criminally liable. [People v. Pugay and died, the crime will be homicide because the law
Samson] presumes intent to kill and punishes the result, and
not the intent of the act. The accused will, however,
POISON be entitled to the mitigating circumstance of lack of
Treachery and evident premeditation are inherent in intent to commit so grave a wrong.
murder by poison only if the offender has the intent
to kill the victim by use of poison. Physical injuries sufficient to cause death are one of
the essential elements of frustrated homicide.
EVIDENT PREMEDITATION
Act of the offender manifestly indicating that he In accidental homicide wherein death of a person is
clung to his determination to kill his victim. brought about by a lawful act performed with proper
care and skill and without homicidal intent, there is
Evident premeditation is absorbed in price, reward or no liability.
promise, if without the premeditation the inductor
would not have induced the other to commit the act There is no offense of frustrated homicide through
but not as regards the one induced. imprudence.
Accused pharmacist prepared the medicine on
prescription but erroneously used a highly poisonous
Pariseo Tayag was shot dead by several policemen in substance. When taken by the patient, the latter
the course of their pursuit to get his fan knife. nearly died. Accused is guilty only of reckless
imprudence resulting in serious physical injuries.
Although it has not been shown which of the
policemen fired the fatal shot each should be held The element of intent to kill in frustrated homicide is
guilty of murder since they are in conspiracy to effect incompatible with negligence or imprudence. [People
the death of the victim. [People v. Buensuceso (1984)] v. Castillo]
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For attempted parricide, homicide, or murder, the tumultuous disturbance, or if property was
courts, in view of the facts of the case may impose a destroyed, it could be malicious mischief.
penalty by one degree than that imposed under Art.
51. ARTICLE 252 - PHYSICAL INJURIES CAUSED IN
TUMULTUOUS AFFRAY
Art. 51 provides that the penalty lower by two Elements:
degrees than that prescribed by law for the (1) There is a tumultuous affray;
consummated felony shall be imposed upon the (2) A participant or some participants thereof
principal in an attempted felony. Thus, under Art. suffered serious physical injuries or physical
250, the court can impose a penalty of THREE injuries of a less serious nature only;
DEGREES LOWER for attempted parricide, murder, (3) The person responsible thereof cannot be
or homicide. identified;
(4) All those who appear to have used violence
NOTE: Any attempt on, or conspire against, the life upon the person of the offended party are
of the Chief Executive of the Philippines or that of known.
any member of his family, or against the life of any
member of his cabinet or that of any member of the Unlike in Article 251, the injured party in this article
latter’s family, shall suffer the penalty of death. must be one or some of the participants in the affray.
ARTICLE 251 - DEATH CAUSED IN TUMULTUOUS AFFRAY
All those who appear to have used violence shall
Elements: suffer the penalty next lower in degree than that
(1) There are several persons; provided for the serious physical injuries inflicted. For
(2) They do not compose groups organized for the less serious physical injuries, the penalty is arresto
common purpose of assaulting and attacking mayor from five to fifteen days.
each other reciprocally;
(3) These several persons quarreled and assaulted Physical injury should be serious or less serious.
one another in a confused and tumultuous
manner; No crime of physical injuries resulting from a
(4) Someone was killed in the course of the affray; tumultuous affray if the physical injury is only slight.
(5) It cannot be ascertained who actually killed the
deceased; Slight physical injury is considered as inherent in a
(6) The person or persons who inflicted serious tumultuous affray.
physical injuries or who used violence can be
identified. ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE
Mode 1: Assisting another to commit suicide,
Tumultuous affray is a commotion in a confused whether the suicide is consummated or
manner to an extent that it would not be possible to not;
identify who the killer is if death results, or who Mode 2: Lending his assistance to another to
inflicted the serious physical injury, but the person or commit suicide to the extent of doing the
persons who used violence are known. killing himself.
Who are liable? Giving assistance to suicide means giving means
(a) The person or persons who inflicted the serious (arms, poison, etc.) or whatever manner of positive
physical injuries and direct cooperation (intellectual aid, suggestions
(b) If it is not known who inflicted the serious regarding the mode of committing suicide, etc.).
physical injuries on the deceased, all persons
who used violence upon the person of the victim If the person does the killing himself, the penalty is
are liable. similar to that of homicide, which is reclusion
temporal.
If there is conspiracy, this crime is not committed.
The crime would be murder or homicide. The relation of the offender to the person
committing suicide is not material, the law does not
If nobody could still be traced to have employed distinguish. Hence, penalty would be the same if the
violence upon the victim, nobody will answer. offender is the father, mother or child.
The crimes committed might be disturbance of
public order, or if participants are armed, it could be
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A doctor who resorts to euthanasia of his patient If the child is abandoned without any intent to kill
may be liable for murder. But if the patient himself and death results as a consequence, the crime
asks to be killed by his doctor, this Article applies. committed is not infanticide but abandonment under
Article 276.
ARTICLE 254 - DISCHARGE OF FIREARMS
Elements: No crime of infanticide is committed when the child
(1) Offender discharges a firearm against or at was born dead, or although born alive, it could not
another person. sustain an independent life when it was killed.
(2) Offender has no intention to kill that
ARTICLE 256 - INTENTIONAL ABORTION
person.
Elements:
No crime if firearm is not discharged. It is essential (1) There is a pregnant woman;
for prosecution to prove that the discharge of firearm (2) Violence is exerted, or drugs or beverages
was directed precisely against the offended party. administered, or that the accused otherwise acts
upon such pregnant woman;
The crime is discharge of firearm, even if the gun was (3) As a result of the use of violence or drugs or
not pointed at the offended party when it fired, as beverages upon her, or any other act of the
long as it was initially aimed by the accused at or accused, the fetus dies, either in the womb or
against the offended party after having been expelled therefrom;
(4) The abortion is intended.
If there is intention to kill, it may be classified as
attempted parricide, murder, or homicide. Ways of committing intentional abortion
(1) Using any violence upon the person of the
No presumed intent to kill if the distance is 200 pregnant woman;
meters. (2) Acting, but without using violence, without the
consent of the woman. (By administering drugs
There is a special complex crime of illegal discharge or beverages upon such pregnant woman
of firearm with serious or less serious physical without her consent.)
injuries. (3) Acting (by administering drugs or beverages),
with the consent of the pregnant woman.
ARTICLE 255 - INFANTICIDE
Elements: ABORTION vs. INFANTICIDE
(1) A child was killed by the accused; Abortion Infanticide
(2) The deceased child was less than 3 days Fetus could not sustain Fetus could sustain an
old. independent life. No independent life after
legal viability. separation from the
If the offender is the parent and the victim is less mother’s womb.
than three days old, the crime is infanticide and not
parricide. If the mother as a consequence of abortion suffers
death or physical injuries, you have a complex crime
The fact that the killing was done to conceal her of murder or physical injuries and abortion.
dishonor will not mitigate the criminal liability
anymore because concealment of dishonor in killing In intentional abortion, the offender must know of
the child is not mitigating in parricide. the pregnancy because the particular criminal intent
is to cause an abortion.
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If the woman turns out not to be pregnant and The accused must have merely intended to kill the
someone performs an abortion upon her, he is liable victim but not necessarily to cause abortion.
for an impossible crime if the woman suffers no
physical injury. The accused is liable for complex crime of parricide
with unintentional abortion for it was merely
If she dies or suffers injuries, the crime will be incidental to the killing. [People v. Salufrania (1988)]
homicide, serious physical injuries, etc.
For the crime of abortion, even unintentional, to be
Frustrated abortion is committed if the fetus that is held committed, the accused must have known of
expelled is viable and, therefore, not dead as the pregnancy. [People v. Carnaso]
abortion did not result despite the employment of
adequate and sufficient means to make the pregnant ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN
woman abort. HERSELF OR BY PARENTS
Elements:
ARTICLE 257 - UNINTENTIONAL ABORTION
(1) There is a pregnant woman who has suffered an
Elements: abortion;
(1) There is a pregnant woman; (2) Abortion is intended;
(2) Violence is used upon such pregnant woman (3) Abortion is caused by –
without intending an abortion; (a) The pregnant woman herself;
(3) The violence is intentionally exerted; (b) Any other person, with her consent; or
(4) Result of violence – fetus dies, either in the (c) Any of her parents, with her consent for the
womb or expelled therefrom. purpose of concealing her dishonour.
Unintentional abortion requires physical violence If the purpose of abortion is to conceal dishonor,
inflicted deliberately and voluntarily by a third mitigation applies only to pregnant woman and not
person upon the pregnant woman, without intention to parents of pregnant woman, unlike in infanticide.
to cause the abortion.
If the purpose of parents is not to conceal dishonor,
If the pregnant woman aborted because of the crime is intentional abortion.
intimidation, the crime committed is not
unintentional abortion because there is no violence; Liability of the pregnant woman is mitigated if
the crime committed is light threats. purpose is to conceal dishonor.
If the pregnant woman was killed by violence by her No mitigation for parents of pregnant woman even if
husband, the crime committed is the complex crime the purpose is to conceal dishonor. The penalty for
of parricide with unlawful abortion. the parents in this case is the same as the penalty for
a pregnant woman committing abortion, without the
Unintentional abortion may be committed through purpose of concealing dishonor.
negligence as it is enough that the use of violence be
voluntary. ARTICLE 259 - ABORTION BY A PHYSICIAN OR MIDWIFE
AND DISPENSING OF ABORTIVES
If the act of violence is not felonious, that is, act of Elements:
self-defense, and there is no knowledge of the (1) There is a pregnant woman who has suffered an
woman’s pregnancy, there is no liability. abortion;
(2) The abortion is intended;
(3) Offender, who must be a physician or midwife,
Jose is declared guilty of the crime of unintentional caused or assisted in causing the abortion;
abortion through reckless imprudence for having (4) Said physician or midwife took advantage of his
bumped a calesa which resulted in a pregnant or her scientific knowledge or skill.
woman bumping her abdomen against the wall of
the calesa and eventually led to an abortion. [People The penalties provided for intentional abortion shall
v. Jose] be imposed in the maximum period for physicians
and midwives violating this article.
Mere boxing of the stomach taken together with the
immediate strangling of the victim in a fight, is not
sufficient proof to show an intent to cause abortion.
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Reason: heavier guilt in making use of their If these are not the conditions of the fight, it is not a
knowledge for the destruction of human life, when it duel in the sense contemplated in the Revised Penal
should be used only for its preservation. Code.
If the abortion is produced by a physician to save the It will be a quarrel and anyone who killed the other
life of the mother, there is no liability. will be liable for homicide or murder, as the case may
be.
Elements (for pharmacists):
(1) The offender is a pharmacist; ARTICLE 261 - CHALLENGING TO A DUEL
(2) There is no proper prescription from a physician; Mode 1. Challenging another to a duel;
(3) The offender dispenses any abortive. Mode 2. Inciting another to give or accept a challenge
to a duel;
Article punishes a pharmacist who merely dispenses Mode 3. Scoffing at or decrying another publicly for
with an abortive without the proper prescription of a having refused to accept a challenge to fight a
physician. duel.
It is not necessary that the pharmacist knows that Persons Responsible under Art. 261:
the abortive would be used to cause an abortion. (1) Challenger
What is punished is the dispensing of the abortive (2) Instigators
without the proper prescription. It is not necessary
that the abortive be actually used either. If one challenges another to a duel by shouting
“Come down, Olympia, let us measure your prowess.
If pharmacist knew that the abortive would be use for We will see whose intestines will come out. You are a
abortion, her would be liable as an accomplice in the coward if you do not come down”, the crime of
crime of abortion. challenging to a duel is not committed.
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A
What is committed is the crime of light threats under
DUEL
Article 285, paragraph 1 of the Revised Penal
Mode 1: Killing one’s adversary in a duel; Code.[People v. Tacomoy]
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Levels of Penalty: When the injured person, in Deformity by loss of teeth refers to injury which
consequence of the physical injuries inflicted— cannot be repaired by the action of nature. Loss of
(1) becomes insane, imbecilic, impotent or blind both outer ears is a deformity. Loss of the lobule of
(2) loses the use of speech or the power to hear or the ear is a deformity. Loss of index and middle
to smell, or loses an eye, a hand, afoot, an arm, fingers only is either deformity or loss of a member,
or a leg; not a principal one, of his body or use of the same.
(3) loses the use of any such member; Loss of power to hear of right ear only is loss of use
(4) becomes incapacitated for the work in which he of other part of body.
was theretofore habitually engaged, in
consequence of the physical injuries inflicted; Illness – when the wound inflicted did not heal with a
(5) becomes deformed; or certain period of time.
(6) loses any other member of his body;
(7) loses the use thereof; or Note that under serious physical injuries of the fourth
(8) becomes ill or incapacitated for the performance type, illness or incapacity is required, NOT medical
of the work in which he was habitually engaged attendance.
for more than 90 days in consequence of the
physical injuries inflicted; Paragraphs 2 and 3 refers to the “work in which he
(9) becomes ill or incapacitated for labor for more was theretofore habitually engaged
than 30 days (but must not be more than 90
days), as a result of the physical injuries inflicted. Must the injured party have an avocation at the time
at the time of the injury? YES, insofar as these two
In physical injuries, there must not be intent to kill, paragraphs are concerned.
otherwise the crime is frustrated/attempted murder
or homicide as the case may be. Incapacity therefore must related to a certain kind of
work only.
Impotence under first type means an inability to
copulate. It is used synonymously with ‘sterility’. However, in paragraph 4, incapacity for any kind of
Penalty under the first type is one degree higher work is acceptable, because the phrase “incapacity
when the victim is under 12 years of age. for labor” is used.
Blindness under the second type must be of two Injury requiring hospitalization for more than thirty
eyes. If there is loss of one eye only, the serious days is serious physical injuries under paragraph 4.
physical injuries is of the second type.
When the category of the offense of serious physical
Loss of power to hear under the second type must be injuries depends on the period of illness or incapacity
of both ears. If hearing in only one ear is lost, it falls for labor, there must be evidence of the length of
under the third type.
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that period; otherwise, the offense is only slight (c) The ugliness will not disappear through
physical injuries. natural healing process.
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Crime against chastity Crime against persons Accused is only liable for ATTEMPTED RAPE.
nd
May be committed by a Under the 2 type,
man against a woman sexual assault may be Conviction does not require a medico-legal finding of
only committed by ANY any penetration on the part of the woman.
PERSON against ANY
PERSON Force employed against the victim of the rape need
PRIVATE CRIME – May be prosecuted even not be of such character as could be resisted. When
Complaint must be filed if the woman does not the offender has an ascendancy or influence over the
by the woman or her file a complaint girl, it is not necessary that she put up a determined
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resistance. A rape victim does not have the burden of (1) the accused is legally married to the victim’s
proving resistance. sister; and
(2) the victim and the accused’s wife are full or half-
Rape by means of fraudulent machinations and blood siblings.
grave abuse of authority absorbs the crime of
qualified and simple seduction. Since relationship qualifies the crime of rape, there
must be clearer proof of relationship and in this case,
Statutory Rape is the rape of a woman who is below it was not adequately substantiated. [People v.
12 years of age. In statutory rape, the under twelve Berana]
years old victim is conclusively presumed incapable
of giving consent to sexual intercourse with another. “Unconscious” or “Deprived of Reason”
[People v. Negosa, GR No. 142856-57, Aug. 25, 2003]
Deprived or reason or unconscious mean that the
Statutory rape is consummated when the victim is victim has no will to give consent intelligently and
below 12 yrs. old. Victim’s consent is immaterial. freely. The inquiry should likewise determine whether
Offender’s knowledge of the victim’s age is the victim was fully informed of all considerations so
immaterial in statutory rape. as to make a free and informed decision regarding
Carnal knowledge of a child below 12 yrs. old even if the grant of consent.
she is engaged in prostitution is still considered
statutory rape. [People v. Campuhan] Whether the complaint stated that the victim was
fast asleep or half-asleep or drowsy or semi-
A 16-year old mental retardate, who has the conscious is not determinative of the crime of rape.
intellectual capacity of a 9, was repeatedly raped by For he who lies with a woman while the latter is in a
the accused. state of being drowsy is guilty of rape. Drowsiness is
defined as the state of being drowsy, i.e., ready to fall
The accused was found guilty of raping a woman asleep or half-asleep. [People v. Siarza, Jr., GR No. L-
deprived of reason or otherwise unconscious, and 117682, Aug. 18, 1997]
was also held liable for rape under the provision that
pertains to a victim under 12 notwithstanding the Rape through Sexual Assault
victim’s actual age. The insertion of appellant’s fingers constituted
consummated rape through sexual assault under RA
Age requirement was subsequently amended to refer 8353. The contact of the male’s penis with the
also to mental age. woman’s vagina is referred to as ‘rape with sexual
intercourse”, while the sexual abuse under par.2 of
Incestuous rape refers to rape committed by an Art.266-A, RPC is categorized as “rape through
ascendant of the offended woman. [People v. Atento] sexual assault”. In People vs. Soriano [G.R. Nos
142779-95, 388 SCRA 140], it was ruled that the
appellant is guilty of Rape through Sexual Assault
Gallo was found guilty of the crime of qualified rape when he inserted his finger into the vagina of the
with the penalty of death. victim. [People v. Palma, GR No. 148869-74, Dec. 11,
2003]
The information filed against him does not allege his
relationship with the victim, his daughter, thus, it Insertion of penis into the mouth of a 10-year old boy
CANNOT be considered as a qualifying is “Rape by Sexual Assault” punished under par.2,
circumstance. Special qualifying circumstances have Article 266-A, RPC. [Ordinario v. People, et al., GR No.
to be alleged in the information for it to be 155415, May 20, 2004]
appreciated.
Evidence which may be accepted in the prosecution of
The case was reopened and the judgment is rape:
modified from death to reclusion perpetua. [People v. (1) Any physical overt act manifesting resistance
Gallo] against the act of rape in any degree from the
offended party; or
A 14-year old was raped by her brother-in-law. To (2) Where the offended party is so situated as to
effectively prosecute the accused for the crime of render him/her incapable of giving his consent
rd
rape committed by a relative by affinity w/in the 3
civil degree, it must be established that: Rape shield rule: Character of the offended woman is
immaterial in rape.
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submits against her will to the rapist’s lust because (7) RA 9372: Human Security Act
of fear for her life or personal safety.
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other manner deprives the latter of his Actual demand for ransom not necessary, as long as
liberty; it can be proven that the kidnapping was done for
(3) The act of detention or kidnapping must be the purpose of extorting money.
illegal;
(4) In the commission of the offense, any of the In the crime of Kidnapping for Ransom, ransom
following circumstances is present: means money, price or consideration paid or
(a) The kidnapping lasts for more than 3 demanded for the redemption of a captured person
days; that would release him from captivity. No specific
(b) it is committed simulating public form of ransom is required to consummate the
authority; felony as long as the ransom was intended as a
(c) Any serious physical injuries are bargaining chip in exchange for the victim’s freedom.
inflicted upon the person kidnapped or Whether or not ransom is actually paid to or received
detained or threats to kill him are by the perpetrator is of no moment. [People v.
made; or Jatulan, GR No. 171653, April 24, 2007]
(d) The person kidnapped or detained is a
minor, female, or a public officer. Essential: There be actual confinement or restriction
of the person of the offended party. It is not
The essential element of kidnapping is the necessary that the victim be placed in an enclosure,
deprivation of the offended party’s liberty under any as long as he is deprived, in any manner, of his
of the four instances enumerated. But when the liberty.
kidnapping was committed for the purpose of
extorting ransom, it is not necessary that one or any It suffices that there be actual or manifest restraint
of circumstances enumerated be present. on the person or liberty of the victim. Accused were
guilty of kidnapping although the victim was found,
2
Qualifying Circumstances: (r kt) at the time of her rescue, outside of the house where
(1) Purpose is to extort ransom. she was brought, talking to the house owner who
(2) When the victim is killed or dies as a was the uncle of the accused. Her failure to attempt
consequence of the detention. to escape was explained by her to be due to her fear
(3) When the victim is raped. and threats of the accused to kill her should she do
(4) When victim is subjected to torture or so. In kidnapping, it is not necessary that the
dehumanizing acts. offended party be kept within an enclosure to restrict
her freedom of locomotion. [People v. Cortez, et al.,
The offenders here are private individuals or public GR No. 131619-20, Feb 1, 2000]
officers acting in their private capacity. If they are
public officers, they are covered by the crimes under The victim’s lack of consent is also a fundamental
Title 2. element of kidnapping and serious illegal detention.
The involuntariness of the seizure and detention is
When a public officer conspires with a private person the very essence of the crime. Although the victim
in the commission of any of the crimes under Title IX, may have inceptually consented to go with the
the crime is also one committed under this title and offender to a place, but the victim is thereafter
not under Title II. prevented, with the use of force, from leaving the
place where he was brought to with his consent and
The purpose is immaterial when any of the is detained against his will, the offender is still guilty
circumstances in the first paragraph of Art. 267 is of kidnapping and serious illegal detention. [People
present. v. Pickrell, GR No. 120409, Oct. 23, 2003]
Definition of ransom: It is the money, price or When detention is illegal: It is not ordered by
consideration paid or demanded for redemption of a competent authority nor permitted by law.
captured person or persons, a payment that releases
a person from captivity. Special complex crime of Kidnapping with Murder:
When the victim dies or is killed as a consequence of
When the kidnapping was done to extort ransom, it the detention, which is covered by the last paragraph
is not necessary that one or any of circumstances of Art. 267 as amended.
enumerated be present.
Forcible abduction: If a woman is transported from
one place to another by virtue of restraining her of
her liberty, and that act is coupled with lewd designs.
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(2) The offender is engaged in a kind of business If the entry is made by a way not intended for entry
that would place the life or limb of the minor in that is presumed to be against the will of the
danger, even though working for him is not occupant (example, entry through a window).
against the will of the minor.
It is not necessary that there be a breaking.
Nature of the Business: this involves circuses which
generally attract children so they themselves may “Against the will”: This means that the entrance is,
enjoy working there unaware of the danger to their either expressly or impliedly, prohibited or the
own lives and limbs. prohibition is presumed.
Age: Must be below 16 years. Article 278 has no Fraudulent entrance may constitute trespass. The
application if minor is 16 years old and above, but the prohibition to enter may be made at any time and
exploitation will be dealt with by RA 7610. not necessarily at the time of the entrance.
If the employer is an ascendant, the crime is not To prove that an entry is against the will of the
committed, unless the minor is less than 12 years occupant, it is not necessary that the entry should be
old. preceded by an express prohibition, provided that
the opposition of the occupant is clearly established
If the minor so employed would suffer some injuries by the circumstances under which the entry is made,
as a result of a violation of Article 278, Article 279 such as the existence of enmity or strained relations
provides that there would be additional criminal between the accused and the occupant.
liability for the resulting felony.
Offender is public officer: crime is violation of domicile.
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Qualified Trespass to
No overt act of the crime intended to be committed: Other Forms of Trespass
Dwelling
Crime is trespass to dwelling. (Art. 281)
(Art. 280)
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As the crime consists in threatening another with ARTICLE 284 - BOND FOR GOOD BEHAVIOR
some future harm, it is not necessary that the When a person is required to give bail bond:
offended party was present at the time the threats (1) When he threatens another under the
were made. It is sufficient that the threats, came to circumstances mentioned in Art. 282.
the knowledge of the offended party. (2) When he threatens another under the
circumstances mentioned in Art. 283.
The crime of grave threats is consummated as soon
as the threats come to the knowledge of the person Bond for Good Behavior distinguished from Bond to
threatened. Keep the Peace
Threats made in connection with the commission of Bond for Good Behavior Bond to Keep the Peace
other crimes are absorbed by the latter.
Applicable only to grave Not made applicable to
threats and light threats any particular case
The offender in grave threats does not demand the
delivery on the spot of the money or other personal If offender fails to give If the offender fails to give
property demanded by him. When threats are made bail, he shall be bond, he shall be
and money is taken on the spot, the crime may be sentenced to destierro detained for a period not
robbery with intimidation. exceeding 6 months (if
prosecuted for grave/less
The penalties for the first two types of grave threats grave felony) or not
depend upon the penalties for the crimes threatened exceeding 30 days (light
to be committed. One degree lower if the purpose is felony)
attained and two degrees lower if the purpose is not NOT a distinct penalty A distinct penalty
attained.
ARTICLE 285 – OTHER LIGHT THREATS
If the threat is not subject to a condition, the penalty
is fixed at arresto mayor and a fine not exceeding Mode 1. Threatening another with a weapon, or by
500 pesos. drawing such weapon in a quarrel, unless
it be in lawful self-defense;
In the first two types, if the threat is made in writing
or thorough a middleman, the penalty is to be Mode 2. Orally threatening another, in the heat of
imposed in its maximum period. anger, with some harm constituting a
crime, without persisting in the idea
The third type of grave threats must be serious and involved in his threat;
deliberate; the offender must persist in the idea
involved in his threats. The threat should not be Mode 3. Orally threatening to do another any
made in the heat of anger, because such is punished harm not constituting a felony.
under Article 285.If the condition is not proved, it is
grave threats of the third type. Under the first type, the subsequent acts of the
offender must show that he did not persist in the
ARTICLE 283 - LIGHT THREATS idea involved in the threat.
Elements:
(1) Offender makes a threat to commit a wrong; Threats which are ordinarily grave threats, if made in
(2) The wrong does not constitute a crime; the heat of anger, may be other light threats.
(3) There is a demand for money or that other
condition is imposed, even though not unlawful; If the threats are directed to a person who is absent
(4) Offender has attained his purpose or, that he and uttered in a temporary fit of anger, the offense is
has not attained his purpose. only other light threats.
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Mode 2. Compelling another, by means of the damage arising to the owner from the
violence, threats or intimidation, to do interference, is much greater. (Art. 432, Civil Code)
something against his will, whether it be
right or wrong. Neither the crime of threats nor coercion is
committed although the accused, a branch manager
Elements: of a bank made the complainant sign a withdrawal
(1) A person prevented another from doing slip for the amount needed to pay the spurious dollar
something not prohibited by law, or that he check she had encashed, and also made her execute
compelled him to do something against his will; an affidavit regarding the return of the amount
be it right or wrong; against her better sense and judgment. The
(2) The prevention or compulsion be effected by complainant may have acted reluctantly and with
violence, threats or intimidation; and hesitation, but still, it was voluntary. [Lee v. CA]
(3) The person that restrained the will and liberty of
ARTICLE 287 - LIGHT COERCIONS
another had not the authority of law or the right
to do so, or in other words, that the restraint Elements:
shall not be made under authority of law or in (1) Offender must be a creditor;
the exercise of any lawful right. (2) He seizes anything belonging to his debtor:
(3) The seizure of the thing be accomplished by
Purpose of the Law: To enforce the principle that no means of violence or a display of material force
person may take the law into his hands, and that our producing intimidation;
government is one of law, not of men. (4) The purpose of the offender is to apply the same
to the payment of the debt.
Arises only if the act which the offender prevented
another to do is not prohibited by law or ordinance. Deals with light coercions wherein violence is
employed by the offender who is a creditor in seizing
If a person prohibits another to do an act because anything belonging to his debtor for the purpose of
the act is a crime, even though some sort of violence applying the same to the payment of the debt.
or intimidation is employed, it would not give rise to
grave coercion. It may only give rise to threat or Unjust Vexation: Any act committed without violence,
physical injuries, if some injuries are inflicted. but which unjustifiably annoys or vexes an innocent
person amounts to light coercion. It should include
In case of grave coercion where the offended party is any human conduct which, although not productive
being compelled to do something against his will, of some physical or material harm would, however,
whether it be wrong or not, the crime of grave unjustifiably annoy or vex an innocent person.
coercion is committed if violence or intimidation is
employed in order to compel him to do the act. Unjust Vexation is distinguished from grave coercion
by the absence of violence.
A public officer who shall prevent by means of
violence or threats the ceremonies or manifestations ARTICLE 288 - OTHER SIMILAR COERCIONS
of any religion is guilty of interruption of religious Mode 1. Forcing or compelling, directly or indirectly, or
worship (Art. 132). knowingly permitting the forcing or
compelling of the laborer or employee of
Any person who, by force, prevents the meeting of a the offender to purchase merchandise of
legislative body is liable under Art. 143. commodities of any kind from him;
Any person who shall use force or intimidation to Elements:
prevent any member of Congress from attending the (1) Offender is any person, agent or officer of any
meetings thereof, expressing his opinions, or casting association or corporation;
his vote is liable under Art. 145. (2) He or such firm or corporation has employed
The crime is not grave coercion when the violence is laborers or employees;
employed to seize anything belonging to the debtor (3) He forces or compels, directly or indirectly, or
of the offender. It is light coercion under Art. 287. knowingly permits to be forced or compelled,
any of his or its laborers or employees to
The owner of a thing has no right to prohibit the purchase merchandise or commodities of any
interference of another with the same, if the kind from him or from said firm or corporation.
interference is necessary to avert an imminent
danger and the threatened damage, compared to
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Mode 2. Paying the wages due his laborer or employee (4) Offender is informed of the contents of the
by means of tokens or object other than papers or letters seized.
the legal tender currency of the
Philippines, unless expressly requested by This is a crime against the security of one’s papers
such laborer or employee. and effects. The purpose must be to discover its
effects. The act violates the privacy of
Elements: communication.
(1) Offender pays the wages due a laborer or
employee employed by him by means of tokens The last paragraph of Article 290 expressly makes
or object; the provision of the first and second paragraph
(2) Those tokens or objects are other than the legal thereof inapplicable to parents, guardians, or
tender currency of the Philippines; persons entrusted with the custody of minors placed
(3) Such employee or laborer does not expressly under their care or custody, and to the spouses with
request that he be paid by means of tokens or respect to the papers or letters of either of them.
objects.
The teachers or other persons entrusted with the
General rule: wages shall be paid in legal tender and care and education of minors are included in the
the use of tokens, promissory notes, vouchers, exceptions.
coupons or any other forms alleged to represent
legal tender is absolutely prohibited even when Distinction from estafa, damage to property, and
expressly requested by the employee. (Section 1, Rule unjust vexation:
VIII, Book III, Omnibus Rules Implementing the Labor (1) If the act had been executed with intent of gain,
Code) it would be estafa;
(2) If, on the other hand, the purpose was not to
No employer shall limit or otherwise interfere with defraud, but only to cause damage to another’s,
the freedom of any employee to dispose of his it would merit the qualification of damage to
wages. He shall not in any manner force, compel, property;
oblige his employees to purchase merchandise, (3) If the intention was merely to cause vexation
commodities or other property from the employer or preventing another to do something which the
from any other person. (Art. 112, Labor Code.) law does not prohibit or compel him to execute
what he does not want, the act should be
ARTICLE 289 - FORMATION, MAINTENANCE, AND considered as unjust vexation.
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS Relevant Special Penal Law: RA 4200 (ANTI WIRE
Elements: TAPPING ACT)
(1) Offender employs violence or threats, in such a
ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF
degree as to compel or force the laborers or
OFFICE
employers in the free and legal exercise of their
industry or work; Elements:
(2) The purpose is to organize, maintain or prevent (1) Offender is a manager, employee or servant;
coalitions of capital or labor, strike of laborers or (2) He learns the secrets of his principal or master in
lockout of employers. such capacity;
(3) He reveals such secrets.
Repealed by the Labor Code.
An employee, manager, or servant who came to
CHAPTER III: DISCOVERY AND REVELATION OF know of the secret of his master or principal in such
SECRETS capacity and reveals the same shall also be liable
regardless of whether or not the principal or master
ARTICLE 290 - DISCOVERING SECRETS THROUGH SEIZURE suffered damages.
OF CORRESPONDENCE
Elements: Essence of this crime is that the offender learned of
(1) Offender is a private individual or even a public the secret in the course of his employment.
officer not in the exercise of his official function;
(2) He seizes the papers or letters of another; He is enjoying a confidential relation with the
(3) The purpose is to discover the secrets of such employer or master so he should respect the privacy
another person; of matters personal to the latter.
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The revelation of the secret might be made after the Chapter 5: Culpable Insolvency
employee or workman had ceased to be connected (1) Article 314 - Fraudulent Insolvency
with the establishment.
Chapter 6: Swindling
Prejudice is an element of the offense. (1) Article 315 – Estafa
(2) Article 316 - Other Forms of Swindling
(3) Article 317 - Swindling of a Minor
(4) Article 318 - Other Deceits
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But when there is conspiracy to commit homicide Special aggravating circumstance of unlicensed
and robbery, all the conspirators, even if less than 4 firearm is inapplicable to robbery w/ homicide, or
armed men, are liable for the special complex crime robbery with rape, or robbery with physical injuries,
of robbery with homicide. committed by a band. [People v. Apduhan]
Art 296 is not applicable to principal by inducement, ARTICLE 297 - ATTEMPTED AND FRUSTRATED ROBBERY
who was not present at the commission of the WITH HOMICIDE
robbery, if the agreement was only to commit “Homicide” includes multiple homicides, murder,
robbery. parricide, or even infanticide.
The article speaks of more than 3 armed malefactors The penalty is the same, whether robbery is
who “takes part in the commission of the robbery” attempted or frustrated.
and member of a band “who is present at the
commission of a robbery by a band.” Thus, a Robbery with homicide and attempted or frustrated
principal by inducement, who did not go with the robbery with homicide are special complex crimes,
band at the place of the commission of the robbery, not governed by Art. 48, but by the special provisions
is not liable for robbery with homicide, but only for of Arts.294 & 297, respectively.
robbery in band, there being no evidence that he
gave instructions to kill the victim or intended that There is only one crime of attempted robbery with
this should be done. homicide even if slight physical injuries were inflicted
on other persons on the occasion or by reason of the
When there was conspiracy for robbery only but robbery.
homicide was also committed on the occasion
thereof, all members of the band are liable for ARTICLE 298 - EXECUTION OF DEEDS THROUGH VIOLENCE
robbery with homicide. OR INTIMIDATION
Elements:
Whenever homicide is committed as a consequence (1) Offender has Intent to defraud another
of or on the occasion of a robbery, all those who took (2) Offender Compels him to sign, execute, or
part in the commission of the robbery are also guilty deliver any public instrument or document
as principals in the crime of homicide unless it (3) Compulsion is by means of Violence or
appears that they endeavored to prevent the Intimidation.
homicide.
If the violence resulted in the death of the person to
Proof of conspiracy is not essential to hold a member be defrauded, crime is robbery with homicide and
of the band liable for robbery with homicide actually shall be penalized under Art 294 par. 1.
committed by the other members of the band.
Art. 298 applies to private or commercial document,
There is no crime as “robbery with homicide in but it does not apply if document is void.
band”.
When the offended party is under obligation to sign,
Band is only ordinary aggravating circumstance in execute or deliver the document under the law, it is
robbery w/ homicide not robbery but coercion.
In order that special aggravating circumstance of BY FORCE UPON THINGS
unlicensed firearm be appreciated, it is condition sine
qua non that offense charged be robbery by a band Robbery by the use of force upon things is
under Art 295. committed only when either:
(1) Offender entered a House or Building by
Pursuant to Art 295, circumstance of a band is any of the means specified in Art. 299 or
qualifying only in robbery under par 3, 4 & 5 of Art Art. 302, or
294. (2) Even if there was no entrance by any of
those means, he broke a wardrobe, chest, or
Hence, Art. 295 does not apply to robbery with any other kind of locked or closed or sealed
homicide, or robbery with rape, or robbery with furniture or receptacle in the house or
serious physical injuries under par. 1 of Art. 263. building, or he took it away to be broken or
forced open outside.
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or
ARTICLE 301 - WHAT IS AN UNINHABITED HOUSE, (e) A Closed or sealed receptacle was removed,
PUBLIC BUILDING DEDICATED TO RELIGIOUS WORSHIP even if the same be broken open elsewhere.
AND THEIR DEPENDENCIES: Even if the occupant was
(f) With intent to gain, the offender took
absent during the robbery, the place is still inhabited therefrom personal property belonging to
if the place was ordinarily inhabited and intended as another.
a dwelling.
“Building”: includes any kind of structure used for
“Dependencies”: all interior courts, corrals, storage or safekeeping of personal property, such as
warehouses, granaries or inclosed places contiguous (a) freight car ad (b) warehouse.
to the building or edifice, having an interior entrance
connected therewith, and which form part of the Entrance through an opening not intended for
whole (Art. 301, par. 2). entrance or egress is not necessary, if there is
breaking of wardrobe, chest, or sealed or closed
Requisites: furniture or receptacle, or removal thereof to be
(1) Contiguous to the building; broken open elsewhere.
(2) Interior entrance connected therewith;
(3) Form part of the whole. Breaking padlock is use of force upon things.
Orchards and lands used for cultivation or Use of fictitious name or pretending the exercise of
production are not included in the term public authorities is not covered under this article.
“dependencies” (Art. 301, par. 3).
A receptacle is a container, which must be “closed”
ARTICLE 300 – ROBBERY IN AN UNINHABITED PLACE AND or “sealed”.
BY A BAND
Robbery in an inhabited house, public building or Penalty is based only on value of property taken.
edifice to religious worship is qualified when
committed by a band and located in an uninhabited Robbery in a store
place. Punishable under Punishable under
Art. 299 Art. 302
See discussion on Art. 296 for definition of “band.”
If the store is used as a If the store was not
To qualify Robbery w/ To qualify Robbery w/ dwelling, the robbery actually occupied at the
force upon things (Art violence against or committed therein would time of the robbery and
299) intimidation be considered as was not used as a
It must be committed in It must be committed in committed in an dwelling, since the owner
uninhabited place AND an uninhabited place OR inhabited house (People lived in a separate house,
by a band (Art 300) by a band (Art. 295) v Suarez) the robbery committed
therein (People v
ARTICLE 302 - IN AN UNINHABITED PLACE OR PRIVATE If the store is located on Silvestre)
BUILDING the ground floor of the
house belonging to the
Elements: owner, having an interior
(1) Offender entered an Uninhabited place or a entrance connected
building which was not a dwelling house, not a therewith, it is a
public building, or not an edifice devoted to dependency of an
religious worship. inhabited house and the
(2) That any of the following circumstances was robbery committed
present: therein (US v Tapan).
(a) Entrance was effected through an opening
Not intended for entrance or egress;
ARTICLE 303 - ROBBERY OF CEREALS, FRUITS OR
(b) A Wall, roof, floor, or outside door or
FIREWOOD IN AN INHABITED PLACE OR PRIVATE BUILDING
window was broken
The penalty is one degree lower only when robbery is
(c) Entrance was effected through the use of
committed by use of force upon things, without
False keys, picklocks or other similar tools;
intimidation or violence against a person.
(d) A Door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken;
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The term “highway” includes city streets. Any person who aids or protects highway robbers or
abets the commission of highway robbery or
The following must be proved: brigandage shall be considered as an accomplice.
(1) Organization of more than 3 armed persons
forming a band of robbers See Special Law: PD 532 Anti-Piracy And Anti-
(2) Purpose of the band is any of those enumerated Highway Robbery
in Art. 306.
(3) That they went upon the highway or roamed It is necessary to prove that the intention and
upon the country for that purpose. purpose of the accused was to commit robbery
(4) That the accused is a member of such band. indiscriminately and such robbery is committed on
any Philippine Highway. [People v. Pulusan (1998)]
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(2) Those who, Gulinao shot Dr. Chua and left. Then he went back &
(a) having found lost property, took Dr. Chua’s diamond ring. The crime was Theft
(b) fail to deliver the same to the local and not robbery. Circumstances show that the taking
authorities or to its owner. was merely an afterthought. Violence used in killing
Dr. Chua had no bearing on the taking of the
(3) Those who, ring.[People v. Gulinao, (1989)]
(a) after having maliciously damaged the
property of another, Properties were taken after accused has already
(b) remove or make use of the fruits or object of carried out his primary criminal intent of killing the
the damage caused by them. victim. Considering that the victim was already
heavily wounded when his properties were taken,
(4) Those who, there was no need to employ violence against or
(a) enter an inclosed estate or field where intimidation against his person. Hence, accused can
(b) trespass is forbidden or which belongs to only be held guilty of the separate offense of
another and, without the consent of its theft.[People vs Basao (1999)]
owner,
(c) hunt or fish upon the same or gather fruits, One in possession of part of recently stolen property
cereals, or other forest or farm products. is presumed to be thief of all.
The theft is consummated & taking completed once “Lost property”: embraces loss by stealing or by act
the culprit is able to place the thing taken under his of the owner or by a person other than the owner, or
control, and in such a situation that he could dispose through some casual occurrence.
of it at once.
It is necessary to prove the following in order to
establish theft by failure to deliver or return lost
property:
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(1) Time of the seizure of the thing Theft by domestic servant is always qualified. There’s
(2) It was a lost property belonging to another; and no need to prove grave abuse of discretion.
(3) That the accused having had the opportunity to
return or deliver the lost property to its owner or The abuse of confidence must be grave. There must
to the local authorities, refrained from doing so. be allegation in the information and proof of a
relation, by reason of dependence, guardianship or
The law does not require knowledge of the owner of vigilance, between the accused and the offended
the property. party that has created a high degree of confidence
between them, which the accused abused.
Elements of hunting, fishing or gathering fruits, etc.,
in enclosed estate: Theft of any material, spare part, product or article
(1) That there is an enclosed estate or a field, where by employees and laborers is heavily punished under
trespass is forbidden or which belongs to PD 133.
another
(2) Offender enters the same “Motor vehicle”: all vehicles propelled by power,
(3) Offender hunts or fishes upon the same or other than muscular power. Theft of motor vehicle
gathers fruits, cereals or other forest or farm may now fall under the anti-carnapping law.
products in the estate or field; and
(4) That the hunting or fishing or gathering of When the purpose of taking the car is to destroy by
products is without the consent of the owner. burning it, the crime is arson.
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Presumption: Every person in possession of large Mere possession of any good, article, item, object, or
cattle shall upon demand by competent authorities anything of value which has been the subject of
exhibit required documents. Failure to do so is prima robbery or thievery shall be prima facie evidence of
facie evidence that large cattle in possession are fencing. [People v. Dizon-Pamintuan]
fruits of crime of cattle rustling
Robbery/theft and fencing are separate and distinct
Killing of owner is absorbed in cattle rustling (Boado, offenses.
Comprehensive Reviewer in Criminal Law)
ARTICLE 311 - THEFT OF THE PROPERTY OF THE NATIONAL
Considering that the gravamen of the crime is the LIBRARY AND NATIONAL MUSEUM
taking or killing of large cattle or taking its meat or Theft of property of the National Museum and
hide without the consent of the owner or raiser, National Library has a fixed penalty regardless of its
conviction for the same need only be supported by value. But if it was with grave abuse of confidence,
the fact of taking without the cattle owner’s consent. the penalty for qualified theft shall be imposed.
There is a disputable presumption that a person
found in possession of a thing taken in the doing of a CHAPTER 4: USURPATION
recent wrongful act is the taker and the doer of the
whole act. [Ernesto Pil-ey vs. People (2007)] ARTICLE 312 - OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
PD 704: ILLEGAL FISHING
Acts punishable under Art. 312:
Prima facie presumption of illegal fishing when: (1) Taking possession of any real property
(1) Explosive, obnoxious or poisonous substance or belonging to another by means of violence
equipment or device for electric fishing are against or intimidation of persons
found in the fishing boat or in the possession of (2) Usurping any real rights in property belonging to
fisherman; or another by means of violence against or
(2) When fish caught with the use of explosives, intimidation of persons.
obnoxious or poisonous substances or by
electricity are found in a fishing boat Elements:
(1) Offender takes possession of any real property
PD 1612: ANTI-FENCING LAW OR usurps any real rights in property
Fencing: (2) Real property or real rights belong to another
(1) the act of any person who, (3) Violence against or intimidation of persons is
(2) with intent to gain for himself or for another, used by the offender in occupying real property
(3) shall buy, receive, keep, acquire, conceal, sell, or or usurping real rights in property.
dispose of, or shall buy and sell or in any other (4) There is intent to gain.
manner deal in
(4) any article, item, object, or anything of value If no violence or intimidation only civil liability exists.
(5) which he knows, or should be known to him, Violence or intimidation must be the means used in
(6) to have been derived from the proceeds of the occupying real property or in usurping real rights.
crime of robbery or theft.
Art. 312 does not apply when the violence or
Elements: intimidation took place subsequent to the entry into
(1) Robbery or theft has been committed. the property.
(2) The accused, who is not a principal or
accomplice in the crime of robbery or theft, buys, Art. 312 does not apply to a case of open defiance of
receives, possesses, keeps, acquires, conceals, the writ of execution issued in the forcible entry case.
sells or disposes, or buys and sells, or in any
manner deals in any article, item, object, or Criminal action for usurpation of real property is not
anything of value, which has been derived from a bar to civil action for forcible entry.
the proceeds of the said crime.
(3) The accused knows or should have known that
the said article, item, object or anything of value
has been derived from the proceeds of the crime
of robbery or theft.
(4) There is, on the part of the accused, intent to
gain for himself or another.
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The word “alter” may include: With Unfaithfulness or Abuse of Confidence (315 par.
(1) destruction of stone monument 1(a) (b) (c))
(2) taking it to another place Par 1(a): Altering substance, quantity or quality of
(3) removing a fence object subject of obligation to deliver
Actual prejudice, not intention alone, is required. Damage or prejudice must be capable of estimation,
Even if the debtor disposes of his property, unless it because it is the basis of the penalty.
is shown that it has actually prejudiced his creditor,
conviction will not lie. Delivery of anything of value must be “by virtue of an
onerous obligation to do so”.
Fraudulent concealment of property is not sufficient
if the debtor has some property with which to satisfy When the fraud committed consists in the
his obligation. adulteration or mixing of some extraneous
substance in an article of food so as to lower its
“Abscond”: does not require that the debtor should quantity, it may be a violation of the Pure Food Law.
depart and physically conceal his property. Real
property could be the subject matter of Art. 314. It’s not estafa if the thing delivered is not acceptable
to the complainant when there is no agreement as to
The person prejudiced must be creditor of the its quality.
offender.
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Estafa may arise even if thing delivered is not subject Applicable Civil Code provisions:
of lawful commerce, such as opium. (1) Art. 1477. The ownership of the thing sold shall
be transferred to the vendee upon actual or
Par.1(b): Misappropriation and Conversion constructive delivery thereof.
(2) Art. 1482. Whenever earnest money is given in a
Elements: contract of sale, it shall be considered as part of
(1) That Money, goods, or other personal property the price and as proof of the perfection of the
be received by the offender in trust, or in contract.
commission, or for administration, or under any
other obligation involving the duty to make In estafa with abuse of confidence under par. (b),
delivery of, or to return, the same; subdivision 1 of Art. 315, the thing received must be
(2) There be Misappropriation or conversion of such returned if there is an obligation to return it.
money or property by the offender, or denial on
his part of such receipt; If no obligation to return there is only civil liability.
(3) That such misappropriation or conversion or
denial is to the Prejudice of another; and No estafa when:
(4) That there is a demand made by the offended (1) Transaction sale fails. There is no estafa if the
party to the offender. accused refused to return the advance payment.
(2) The money or personal property received by
The 4th element is not necessary when there is accused is not to be used for a particular
evidence of misappropriation of goods by the purpose or to be returned.
defendant. (3) Thing received under a contract of sale on credit
Check is included in the word “money”. Payment by students to the school for the value of
materials broken is not mere deposit.
Money, goods or other personal property must be
received by the offender under certain kinds of Novation of contract of agency to one of sale, or to
transaction transferring juridical possession to him. one of loan, relieves defendant from incipient
criminal liability under the first contract.
The offender acquires both physical possession and
juridical possession when the thing received by the
offender from the offended party He exerted all efforts to retrieve dump truck, albeit
(1) in trust, or belatedly and to no avail. His ineptitude should not
(2) on commission, or be confused with criminal intent. Criminal intent is
(3) for administration, required for the conviction of Estafa. Earnest effort to
comply with obligation is a defense against estafa.
“Juridical possession”: means a possession which [Manahan vs CA (1996)]
gives the transferee a right over the thing which he
may invoke even as against the owner. 3 Ways Of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
When the delivery of a chattel does not transfer (1) Misappropriating the thing received.
juridical possession/title, it is presumed that the (2) Converting the thing received.
possession/title of the thing remain w/ owner. (3) Denying that the thing was received.
Failure to turn over to the bank the proceeds of sale “Misappropriating”: means to own, to take
of goods covered by trust receipts is estafa. something for one's own benefit.
The phrase “or under any obligation involving the “Converting”: Using or disposing of another’s
duty to make delivery of, or to return the same”, property as if it were one’s own.
includes quasi-contracts and certain contracts of
bailment. The obligation to return the thing must be “Conversion”: presupposes that the thing has been
contractual but without transferring to accused devoted to a purpose or use different from that
ownership of the thing. agreed upon.
When ownership is transferred to recipient, his The fact that an agent sold the thing received on
failure to return it results in civil liability only. commission for a lower price than the one fixed, does
not constitute estafa (US v Torres).
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3rd element of estafa with abuse of confidence is There is no estafa through negligence.
that the conversion, or denial by offender resulted in
the prejudice of the offended party. The gravity of the crime of estafa is based on the
amount not returned before the institution of the
“To the prejudice of another”: not necessarily of the criminal action.
owner of the property.
Test to distinguish theft from estafa: In theft, upon
General rule: Partners are not liable for estafa of the delivery of the thing to the offender, the owner
money or property received for the partnership when expects a return of the thing to him.
the business commenced and profits accrued.
Failure of partner to account for partnership funds General rule: When the owner does not expect the
may give rise to civil obligation only, not estafa. immediate return of the thing he delivered to the
accused, the misappropriation of the same is estafa.
Exception: when a partner misappropriates the share
of another partner in the profits, the act constitutes Exception: When the offender received the thing
estafa. from the offended party, with the obligation to
deliver it to a third person and, instead of doing so,
A co-owner is not liable for estafa, but he is liable if, misappropriated it to the prejudice of the owner, the
after the termination of the co-ownership, he crime committed is qualified theft.
misappropriates the thing which has become the
exclusive property of the other. Sale of thing received to be pledged for owner is
theft, when the intent to appropriate existed at the
Estafa with abuse of time it was received.
Theft
confidence
With juridical possession Only with physical / Estafa with abuse of
Malversation
of thing misappropriated material possession of confidence
thing misappropriated Entrusted with funds or property
Offender receives the Offender takes the thing Both are continuing offenses
thing from the victim Funds or property are Funds or property usually
always private public
But when the money or property had been received Offender is a private Offender is a public officer
by a partner for specific purpose and he individual or public officer accountable for public
misappropriated it, there is estafa. not accountable for public funds or property
funds or property
Under the 4th element of estafa with abuse of Committed by Committed by
confidence demand may be required. misappropriating, misappropriating, or thru
converting or denying abandonment or
In estafa by means of deceit, demand is not needed, having received money, negligence, letting other
because the offender obtains the thing wrongfully other personal property person to take the public
from the start. In estafa with abuse of confidence, funds or property
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Estafa with abuse of In false pretenses the deceit consists in the use of
Malversation deceitful words, in fraudulent acts the deceit consists
confidence
principally in deceitful acts. The fraudulent acts must
There is no estafa through There can be be performed prior to or simultaneously with the
negligence. malversation through commission of the fraud.
abandonment or
negligence. The offender must be able to obtain something from
the offended party because of the fraudulent acts.
When in prosecution for malversation the public
officer is acquitted, the private individual in Knowledge of criminal intent of the principal is
conspiracy w/ him may be held liable for estafa, essential to be convicted as an accomplice in Estafa
depending on the nature of the funds. through falsification of commercial document. There
must be knowing assistance in the execution of the
Misappropriation of firearms received by a police offense. [Abejuela vs People (1991)]
(1) ESTAFA: if it is not involved in the
commission of a crime In the case where a tenant-landowner relationship
(2) MALVERSATION: if it is involved in the exists between the parties, the jurisdiction for the
commission of a crime. prosecution of the crime Estafa is not divested from
(3) the RTC; though the matter before us apparently
Par.1(c): Taking advantage of signature in blank presents an agrarian dispute, the RTC cannot shirk
from its duty to adjudicate on the merits a criminal
Elements: case initially filed before it, based on the law and
(1) Paper with the signature of the offended party evidence presented, in order to determine whether
be in Blank. an accused is guilty beyond reasonable doubt of the
(2) Offended party should have Delivered it to the crime charged.
offender.
(3) That above the signature of the offended party a In a tenant-landowner relationship, it was incumbent
Document is written by the offender without upon the tenant to hold in trust and, eventually,
authority to do so. account for the share in the harvest appertaining to
(4) That the document so written Creates a liability the landowner, failing which the tenant could be held
of, or causes damage to, the offended party or liable for misappropriation.
any third person.
As correctly pointed out by the respondents, share
Estafa by Means of False Pretenses or Fraudulent tenancy has been outlawed for being contrary to public
Acts (315 par. 2(a) (b) (c) (d) (e); BP22): policy as early as 1963, with the passage of R.A. 3844.
What prevails today, under R.A. 6657, is agricultural
Elements of estafa by means of deceit: leasehold tenancy relationship, and all instances of
(1) There must be a False pretense, fraudulent act share tenancy have been automatically converted into
or fraudulent means. leasehold tenancy. In such a relationship, the tenant’s
(2) That such false pretense, fraudulent act or obligation is simply to pay rentals, not to deliver the
fraudulent means must be made or executed landowner’s share.
Prior to or Simultaneously with the commission
of the fraud. Given this dispensation, the petitioner’s allegation that
(3) Offended party must have Relied on the false the respondents misappropriated the landowner’s
pretense, fraudulent act, or fraudulent means, share of the harvest – as contained in the information
that is, he was induced to part with his money or – is untenable. Accordingly, the respondents cannot be
property because of the false pretense, held liable under Article 315, paragraph 4, No. 1(b) of
fraudulent act, or fraudulent means. the Revised Penal Code. [People v. Vanzuela (2008)]
(4) As a result thereof, the offended party Suffered
damage. It is well established in jurisprudence that a person
may be convicted of both illegal recruitment and
The acts must be fraudulent. Acts must be founded estafa. The reason, therefore, is not hard to discern:
on, deceit, trick, or cheat, and such must be made illegal recruitment is malum prohibitum, while
prior to or simultaneously with the commission of the estafa is malum in se.
fraud.
In the first, the criminal intent of the accused is not
necessary for conviction. In the second, such intent is
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(1) the failure of the drawer to deposit the amount Estafa Through Other Fraudulent Means (315 Par 3
needed to cover his check (a) (b) (c))
(2) within 3 days from receipt of notice of dishonor Par 3 (a): By inducing another, through deceit, to
of check for lack or insufficiency of funds sign any document
(3) shall be prima facie evidence of deceit
constituting false pretense or fraudulent act. Elements:
(1) Offender Induced the offended party to sign a
Good faith is a defense in a charge of estafa by document.
postdating or issuing a check. One who got hold of a (2) That deceit be Employed to make him sign the
check issued by another, knowing that the drawer document.
had no sufficient funds in the bank, and used the (3) Offended party Personally signed the document.
same in the purchase of goods, is guilty of estafa. (4) That Prejudice be caused.
[People v. Isleta]
2 Offender must induce the offended party to sign the
PD 818 applies only to estafa under par 2(d) of Art. document. If offended party is willing from the start
315, and does not apply to other forms of estafa. to sign the document, because the contents are
[People v Villaraza, 81 SCRA 95] different from those which the offended told the
accused to state in the document, the crime is
Hence, the penalty prescribed in PD 818, not the falsification.
penalty provided for in Art. 315, should be imposed
when the estafa committed is covered by par 2(d) of There can be no conviction for estafa in the absence
Art. 315. of proof that defendant made statements tending to
mislead complainant.
Estafa by issuing a bad check is a continuing crime.
See Special Law: BP 22 (Anti-Bouncing Checks Law) Par.3 (b): By resorting to some fraudulent practice
to ensure success in a gambling game
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Double jeopardy does not apply because RPC is a encumbrance, although such encumbrance be not
distinct crime from BP 22. Deceit and damage are recorded
essential elements of RPC, which are not required in
BP 22. [Nierras vs Dacuycuy (1990)] Elements:
(1) That the thing disposed of be Real property.
The element of damage or prejudice capable of (2) Offender Knew that the real property was
pecuniary estimation may consist in: encumbered, whether the encumbrance is
(1) The offended party being deprived of his money recorded or not.
or property, as result of the fraud; (3) There must be Express representation by the
(2) Disturbance in property right; or offender that the real property is free from
(3) Temporary prejudice encumbrance.
(4) Act of disposing of the real property be made to
Payment subsequent to the commission of estafa the Damage of another.
does not extinguish criminal liability or reduce the
penalty. Act constituting the offense is disposing of the real
property representing that it is free from
The crime of estafa is not obliterated by acceptance encumbrance.
of promissory note.
“Dispose”: includes encumbering or mortgaging.
A private person who procures a loan by means of
deceit through a falsified public document of “Encumbrance”: includes every right or interest in the
mortgage, but paid loan within the period agreed land which exists in favor of third persons.
upon, is not guilty of estafa but only falsification of a
public document. The offended party would not have granted the loan
had he known that the property was already
Accused cannot be convicted of estafa with abuse of encumbered. When the loan had already been
confidence if charged w/ estafa by means of deceit granted when defendant offered the property as
security for the loan, Art. 316 par. 2 is not applicable.
ARTICLE 316 - OTHER FORMS OF SWINDLING AND DECEITS
Par 1. By conveying, selling, encumbering, or Usurious loan with equitable mortgage is not an
mortgaging any real property, pretending to be the encumbrance on the property.
owner of the same
If 3rd element not established, there is no crime.
Elements:
(1) That the thing be Immovable, such as a parcel of There must be damage caused. It is not necessary
land or a building. that act prejudice the owner of the land.
(2) Offender who is not the owner of said property
should Represent that he is the owner thereof. The omitted phrase “as free from encumbrance” in
(3) Offender should have Executed an act of par 2 of Art. 316 is the basis of the ruling that silence
ownership (selling, encumbering or mortgaging as to such encumbrance does not involve a crime.
the real property).
(4) Act be made to Prejudice of the owner or a third Par. 3. By wrongfully taking by the owner of his
person. personal property from its lawful possessor
The thing disposed of must be real property. If it’s Elements:
chattel, crime is Estafa. (1) Offender is the Owner of personal property.
(2) Said property is in the Lawful possession of
There must be existing real property. another.
Even if the deceit is practiced against the second (3) Offender wrongfully takes it from its lawful
purchaser but damage is incurred by the first possessor.
purchaser, there is violation of par.1 of Art. 316. (4) Prejudice is thereby caused to the lawful
possessor or third person.
Since the penalty is based on the “value of the
damage” there must be actual damage caused. Offender must wrongfully take the personal property
from the lawful possessor. Wrongfully take does not
Par. 2. By disposing of real property as free from include the use of violence, intimidation.
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If the thing is taken by means of violence, without ARTICLE 317 - SWINDLING OF A MINOR
intent to gain, it is not estafa, but grave coercion. Elements:
(1) That the offender Takes advantage of the
If the owner took the personal property from its inexperience or emotions or feelings of a minor.
lawful possessor without the latter’s knowledge and (2) That he induces such minor
later charged him with the value of the property, the (a) to Assume an obligation, or
crime is theft. If there is intent to charge the bailee (b) to Give release, or
with its value, the crime is robbery. [US v Albao] (c) to Execute a transfer of any property right.
(3) That the consideration is
Par. 4. By executing any fictitious contract to the (a) some Loan of money,
prejudice of another. (b) Credit, or
(c) Other Personal property.
Illustration: A person who simulates a (4) That the transaction is to the Detriment of such
conveyance of his property to another, to defraud his minor.
creditors. If the conveyance is real and not simulated,
the crime is fraudulent insolvency. Real property is not included because only money,
credit and personal property are enumerated, and
Par. 5. By accepting any compensation for services because a minor cannot convey real property without
not rendered or for labor not performed judicial authority.
If the money in payment of a debt was delivered to a Any other kind of conceivable deceit may fall under
wrong person, Art. 316 par 5 is not applicable. this article. As in other cases of estafa, damage to
the offended party is required.
In case the person who received it later refused or
failed to return it to the owner of the money, Art. 315 The deceits in this article include false pretenses
subdivision 1(b) is applicable. and fraudulent acts.
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Elements of selling or pledging personal property Frustrated arson: If that person is able to light or set
already pledged: fire to the rags, but the fire was put out before any
(1) That personal property is already pledged under part of the building was burned.
the terms of the Chattel Mortgage Law.
(2) That the offender, who is the mortgagor of such Consummated arson: If before the fire was put out, it
property, sells or pledges the same or any part had burned a part of the building.
thereof.
(3) That there is no consent of the mortgagee If the property burned is an inhabited house or
written on the back of the mortgage and noted dwelling, it is not required that the house be
on the record thereof in the office of the register occupied by one or more persons and the offender
of deeds. knew it when the house was burned.
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Damage means not only loss but also diminution of ARTICLE 331 – DESTROYING OR DAMAGING STATUES,
what is a man’s own. Thus, damage to another’s PUBLIC MONUMENTS OR PAINTINGS
house includes defacing it. [People v Asido] The penalty is lower if the thing destroyed is a public
painting, rather than a public monument.
ARTICLE 328 - SPECIAL CASES OF MALICIOUS MISCHIEF
Special cases of malicious mischief: (qualified CHAPTER 10: EXEMPTION FROM CRIMINAL
malicious mischief) LIABILITY
(1) causing damage to obstruct the performance of
ARTICLE 332 - EXEMPTION FROM CRIMINAL LIABILITY IN
public functions
CRIMES AGAINST PROPERTY
(2) using any poisonous or corrosive substance
(3) Spreading infection or contagion among cattle Crimes involved in the exemption:
(4) causing damage to property of the National (1) Theft
Museum or National Library, or to any archive or (2) Swindling (estafa)
registry, waterworks, road, promenade, or any (3) Malicious mischief
other thing used in common by the public.
If the crime is robbery, exemption does not lie.
ARTICLE 329 - OTHER MISCHIEFS
Persons exempt from criminal liability:
Other mischiefs not included in Art. 328 are (1) Spouses, ascendants and descendants, or
punished based on value of the damage caused. relatives by affinity in the same line.
(2) The widowed spouse with respect to the
If the amount involved cannot be estimated, the property which belonged to the deceased
penalty of arresto menor of fine not exceeding P200 spouse before the same passed into the
is fixed by law. possession of another.
(3) Brothers and sisters and brothers-in-law and
When several persons scattered coconut remnants sisters-in-law, if living together.
which contained human excrement on the stairs and
floor of the municipal building, including its interior, The law recognizes the presumed co-ownership of
the crime committed is malicious mischief under Art. the property between the offender and the offended
329. [People v Dumlao] party. There is no criminal, but only civil liability.
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proof of any stolen property in the possession of a crime is the special complex crime of Robbery with
person, as in the case at bar, no presumption of guilt Rape. So long as the intent of the accused is to rob,
can arise. The place was a market and presumably, rape may be committed before, during or after the
petitioner was not the only vendor of beans. robbery. But if the primary intent ofthe accused was
to rape and his taking away the belongings of the
Where the proven facts and circumstances are victim was only a mere afterthought, two separate
capable of two or more explanations, one of which is felonies are committed: Rape and Theft or Robbery
consistent with innocence and the other with guilt, depending upon the circumstances surrounding the
the evidence does not fulfill the test of moral unlawful taking. [People v. Naag, GR No. 1361394,
certainty and is not sufficient to convict the accused. Feb. 15, 2001]
[Aoas v. People (2008)]
QUALIFIED THEFT (Abuse of Confidence)
DESTRUCTIVE ARSON Mere circumstance that petitioners were employees
It is clear that the place of the commission of the of Western does not suffice to create the relation of
crime was a residential and commercial building confidence and intimacy that the law requires.
located in an urban and populated area. This
qualifying circumstance places the offense squarely The element of grave abuse of confidence requires that
within the ambit of Section 2(7) of P.D. 1613, and there be a relation of independence, guardianship or
converts it to “destructive arson. vigilance between the petitioners and Western.
It was also established that the subject building was Petitioners were not tasked to collect or receive
insured against fire for an amount substantially more payments. They had no hand in the safekeeping,
than its market value, a fact that has given rise to the preparation and issuance of invoices. They merely
unrebutted prima facie evidence of arson, as assisted customers in making a purchase and in
provided in Section 6 of P.D. 1613. [Amora v. People demonstrating the merchandise to prospective
(2008)] buyers. While they had access to the merchandise,
they had no access to the cashier’s booth or to the
ROBBERY WITH HOMICIDE cash payments subject of the offense. [Astudillo vs.
Does not include taking the gun to shoot its previous People(2006)]
holder. The Court disagrees with the Court of
Appeals that appellant committed the crime of THEFT (Corpus Delicti)
robbery with homicide. There is nothing in the The Petitioner contends that he cannot be held liable
records that would show that the principal purpose for the charges on the ground that he was not
of appellant was to rob the victim of his shotgun caught in possession of the missing funds. This is
(Serial No. 9600942). clutching at straws. To be caught in possession of
the stolen property is not an element of the corpus
It must be emphasized that when the victim and delicti in theft.
appellant met and had a heated argument, the
absence of the intent to rob on the part of the Corpus delicti means the “body or substance of the
appellant was apparent. Appellant was not trying to crime, and, in its primary sense, refers to the fact that
rob the victim. Appellant’s act of taking the shotgun the crime has been actually committed.”
was not for the purpose of robbing the victim, but to
protect himself from the victim. In theft, corpus delicti has two elements, namely:
(1) that the property was lost by the owner, and
No one would in one’s right mind just leave a firearm (2) that it was lost by felonious taking.
lying around after being in a heated argument with
another person. In the case before us, these two elements were
established. The amounts involved were lost by WUP
Having failed to establish that appellant’s original because petitioner took them without authority to do
criminal design was robbery, appellant could only be so. [Gan vs. People(2007)]
convicted of the separate crimes of either murder or
homicide, as the case may be, and theft. [People vs. THEFT; Attempted or Consummated only
Lara] The Revised Penal Code provisions on theft have not
been designed in such fashion as to accommodate
ROBBERY WITH RAPE the Adiao, Dino and Empelis rulings. Again, there is
If the intention of the accused was to rob, but rape no language in Article 308 that expressly or
was committed even before the asportation, the impliedly allows that the “free disposition of the
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items stolen” is in any way determinative of whether (5) Some LGUs have anti-Cable Television Theft
the crime of theft has been produced. We thus Ordinances.
conclude that under the Revised Penal Code, there is (6) Theft of Forestry Products (PD 330);
no crime of frustrated theft.[Valenzuela vs. People (7) Theft of Minerals/Ores (PD 581);
(2007)]
Cases:
ROBBERY WITH HOMICIDE; (Absorption Theory (a) Theft by bank teller considered Qualified Theft
applied) [Roque vs. People(2004)]
Attempted homicide or attempted murder (b) Grave abuse of confidence, requirements
committed during or on the occasion of the robbery, [Astudillo vs. People(2006)]
as in this case, is absorbed in the crime of Robbery (c) Carnapping vs. Qualified Theft [People vs.
with Homicide which is a special complex crime that Bustinera(2004)]
remains fundamentally the same regardless of the
number of homicides or injuries committed in ESTAFA
connection with the robbery. [People v. Cabbab, (a) “Conversion”/”Misappropriation”, explained [Lee
Jr.(2007)] vs. People (2005)]
(b) Estafa may coincide with Illegal recruitment
ESTAFA; Essence of Misappropriation [People vs. Hernandez (2002)]
The words “convert” and “misappropriate” connote (c) “Deceit”/”False Pretense”, explained [Pablo vs.
an act of using or disposing of another’s property as People (2004)]
if it were one’s own or devoting it to a purpose or use (d) SYNDICATED ESTAFA/Economic Sabotage
different from that agreed upon. To misappropriate (Presidential Decree No. 1689)—Ponzi scheme;
for one’s own use includes not only conversion to Pyramid Scams
one’s personal advantage but also every attempt to
dispose of the property of another without any right. Case:
[Tan vs. People] Soliciting funds from and eventually defrauding the
general public constitutes syndicated estafa
ESTAFA (Sale of jewelry; Failure to return) amounting to economic sabotage [People vs. Balasa
In an agency for the sale of jewelries, as in the (1998)]
present case, it is the agent’s duty to return the
jewelry upon demand of the owner and failure to do BOUNCING CHECKS LAW
so is evidence of conversion of the property by the (a) Modes of committing violations of BP 22;
agent. In other words, the demand for the return of (b) Presumptions/Evidentiary Rules
the thing delivered in trust and the failure of the
accused to account for it are circumstantial evidence Cases:
of misappropriation. However, this presumption is (a) Rule of Preference in BP 22 violations: Court
rebuttable. If the accused is able to satisfactorily may impose imprisonment or a fine [Bernardo vs.
explain his failure to produce the thing delivered in People (2007)]
trust or to account for the money, he may not be held (b) Only a full payment of the face value of the
liable for estafa. [People v. Manantan] second check at the time of its presentment or
during the five-day grace period could exonerate
ADDITIONAL NOTES one from criminal liability. [Macalalag vs. People
(2006)]
THEFT
(a) Presumption of thievery -- possession of stolen See Also:
goods [People vs. Dela Cruz (2000)] (1) PD 1612: Anti-Fencing Law
(b) No frustrated theft; Either attempted or (2) BP 22: Bouncing Check Law
consummated only [Valenzuela vs. People (3) RA 6539: Anti-Carnapping Act
(2007)] (4) RA 9372: Human Security Act
(5) PD 1613: Anti-Arson Law
QUALIFIED THEFT
Related Laws
(1) Anti-Carnapping Act of 1972 (RA 6539);
(2) Anti-Cattle Rustling Law of 1974 (PD 533);
(3) Heavier Penalties for Thefts by Employees and
Laborers (PD 133);
(4) Anti-Electricity Pilferage Act (RA 7832);
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Title XI. Crimes against The man, to be guilty of adultery, must have
Chastity knowledge of the married status of the woman.
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Offenders: married man and the woman who knows Scandal produced by the concubinage of H:
him to be married. (1) H and mistress live in the same room of a house
(2) They appear together in public,
The woman only becomes liable only if she knew him (3) Perform acts in sight of the community which
to be married prior to the commission of the crime. give rise to criticism and general protest among
rd
In the 3 way committing the crime, mere the neighbors.
cohabitation is sufficient; Proof of scandalous
circumstances not necessary. [People v. Pitoc, et. al.] When spies are employed for the purpose of
watching the conduct of the accused and it
A married man is not liable for concubinage for mere appearing that none of the people living in the
sexual relations with a woman not his wife. A man vicinity has observed any suspicious conduct, there is
would only be guilty of concubinage if he appeared no evidence of scandalous circumstances. [US v.
to be guilty of any of the acts punished in Art. 334. Campos Rueda]
A married man who is not liable for adultery because Reason: Adultery is punished more severely than
he did not know that the woman was married, may concubinage because adultery makes possible the
be held liable for concubinage. If the woman knew introduction of another man’s offspring into the
that the man was married, she may be held liable for family so that the offended H may have another
concubinage as well. man’s son bearing H’s name and receiving support
from him.
Mistress – a woman taken by the accused to live with
him in the conjugal dwelling as his ARTICLE 335 – RAPE
mistress/concubine. [People v. Bacon and People v.
Hilao] Repealed by R.A. 8353.
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Motive of lascivious acts is not important because the offender. the commission of rape.
the essence of lewdness is in the very act itself.
Abuses against chastity (Art. 245) v acts of
Example: If the kissing etc. was done inside church lasciviousness (Art. 336)
(which is a public place), absence of lewd designs
may be proven, and the crime is unjust vexation only. Offenses against Chastity Abuses against Chastity
But if the kissing was done in the house of a woman Committed by a private Committed by a public
when she was alone, the circumstances may prove individual, in most cases officer only
the accused’s lewd designs.
Some act of Mere immoral or indecent
Absent any of the circumstances of rape under the lasciviousness should proposal made earnestly
rd
3 element, the crime is UNJUST VEXATION. (e.g. have been executed by and persistently is
touching of breast) the offender. sufficient.
Lascivious intent is implied from the nature of the act The accused followed the victim, held her, embraced
and the surrounding circumstances. her, tore her dress, and tried to touch her breast.
When a complaint for acts of lasciviousness was filed
Consider the act and the environment to distinguish against him, accused claimed that he had no
between Acts of Lasciviousness and Attempted intention of having sexual intercourse with her and
Rape. Desistance in the commission of attempted that he did the acts only as revenge. TC found the
rape may constitute acts of lasciviousness. accused guilty of FRUSTRATED ACTS OF
LASCIVIOUSNESS. SC held that there is no
No attempted and frustrated acts of lasciviousness. frustrated crime against chastity which includes acts
of lasciviousness, adultery, and rape. [People v.
Acts of Lasciviousness v. Grave Coercion Famularcano]
Acts of Lasciviousness Grave Coercion
Compulsion or force is Compulsion or force is the From the moment the offender performs all the
included in the very act constituting the elements necessary for the existence of the felony, he
constructive element of offense of grave coercion. actually attains his purpose.
force.
Must be accompanied by Moral compulsion Motive of revenge is of no consequence since the
acts of lasciviousness or amounting to intimidation element of lewdness is in the very act itself.
lewdness. is sufficient. Example: Compelling a girl to dance naked before a
man is an act of lasciviousness, even if the dominant
motive is revenge, for her failure to pay a debt.
Acts of Lasciviousness v. Attempted Rape
Acts of Lasciviousness Attempted Rape Two kinds of seduction:
(1) Qualified seduction (Art. 337)
Same means of committing the crime: (2) Simple seduction (Art. 338)
(1) Force, threat, or intimidation is employed; or
(2) By means of fraudulent machination or grave ARTICLE 337 - QUALIFIED SEDUCTION
abuse of authority; or
(3) The offended party is deprived of reason or Elements:
otherwise unconscious; or (1) That the offended party is a virgin, which is
(4) Victim is under 12 yrs. of age or is demented presumed if she is unmarried and of good
reputation;
Offended party is a person of either sex. (2) That the she must be over 12 and under 18 yrs. of
The performance of acts of lascivious character age; (13-17 years 11 months 29 days)
(3) That the offender has sexual intercourse with
Acts performed do not Acts performed clearly her;
indicate that the accused indicate that the (4) That the there is abuse of authority, confidence,
was to lie w/ the offended accused’s purpose was to or relationship on the part of the offender.
party. lie w/ the offended
woman. Seduction - enticing a woman to unlawful sexual
Lascivious acts are the Lascivious acts are only intercourse by promise of marriage or other means of
final objective sought by the preparatory acts to persuasion without use of force. It applies when there
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If there is no sexual intercourse and only acts of The accused, a policeman, brought a 13-year old girl
lewdness are performed, the crime is acts of with low mentality, to the ABC Hall where he
lasciviousness. If any of the circumstances in the succeeded in having sexual intercourse with her. The
crime of rape is present, the crime is not to be complaint did not allege that the girl was a virgin.
punished under Art. 337. The accused was charged with RAPE but convicted
of QUALIFIED SEDUCTION.
The accused charged with rape cannot be convicted
of qualified seduction under the same information. HELD: Though it is true that virginity is presumed if
the girl is over 12 but under 18, unmarried and of
Offenders in Qualified Seduction: good reputation, virginity is still an essential element
(1) Those who abused their authority: (PaG-TE/C) of the crime of qualified seduction and must be
(a) Person in public authority; alleged in the complaint. Accused is guilty of RAPE,
(b) Guardian; considering the victim’s age, mental abnormality and
(c) Teacher; deficiency. There was also intimidation with the
(d) Person who, in any capacity, is entrusted with accused wearing his uniform. [Babanto v. Zosa]
the education or custody of the woman
seduced.
(2) Those who abused confidence reposed in them: Consented Abduction Qualified
(PHD) Seduction
(a) Priest; Means Requires the taking Requires abuse
(b) House servant; away of the victim of authority,
(c) Domestic w/ her consent confidence or
(3) Those who abused their relationship: relationship
(a) Brother who seduced his sister; Act Offender has sexual Taking away
(b) Ascendant who seduced his descendant. intercourse with lewd
designs
“Domestic” - a person usually living under the same
roof, pertaining to the same house. Wronged The girl The girl’s family
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HELD: There are similar elements between under 18 yrs. of age but over 12 yrs., or a sister or
consented abduction and qualified seduction, descendant, regardless of her reputation or age;
namely: (3) The offender accomplishes the acts by abuse of
(1) the offended party is a virgin, and authority, confidence, relationship, or deceit.
(2) over 12 but under 18 yrs. of age
It is necessary that it be committed under
However, an acquittal for CONSENTED ABDUCTION circumstances which would make it qualified or
will not preclude the filing of a charge for QUALIFIED simple seduction had there been sexual intercourse,
SEDUCTION because the elements of the two crimes instead of acts of lewdness only.
are different. [Perez v. CA]
When the victim is under 12 yrs., the penalty shall be
NOTE: The fact that the girl gave consent to the one degree higher than that imposed by law. (sec. 10
sexual intercourse is not a defense. of R.A. 7610)
ARTICLE 338 - SIMPLE SEDUCTION Males cannot be the offended party.
Elements:
(1) That the offended party is over 12 and under 18 Acts of Lasciviousness Acts of Lasciviousness with
years of age; (Art. 336) consent (Art. 339)
(2) That she is of good reputation, single or widow;
(3) That the offender has sexual intercourse with her; Committed under Committed under
(4) That it is committed by means of deceit. circumstances w/c, had circumstances w/c, had
there been carnal there been carnal
Purpose of the law - To punish the seducer who by knowledge, would knowledge, would
means of promise of marriage, destroys the chastity amount to rape amount to either qualified
of an unmarried female of previous chaste character or simple seduction
Virginity of offended party is not essential, good Offended party is a Offended party should
reputation is sufficient. female or male only be female
Promise of marriage after sexual intercourse does Habituality or abuse of authority or confidence is not
not constitute deceit. Promise of marriage by a necessary.
married man is not a deceit, if the woman knew him
to be married. It is not necessary that the unchaste acts shall have
been done.
Seduction is not a continuing offense.
Mere proposal will consummate the offense.
ARTICLE 339 - ACTS OF LASCIVIOUSNESS WITH
THE CONSENT OF THE OFFENDED PARTY The victim must be of good reputation, not a
prostitute or corrupted person.
Elements:
(1) Offender commits acts of lasciviousness or SEE ALSO: RA 7610: SPECIAL PROTECTION OF
lewdness; CHILDREN AGAINST CHILD ABUSE, EXPLOITATION,
(2) The acts are committed upon a woman who is a AND DISCRIMINATION ACT
virgin or single or widow of good reputation,
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There is a crime of ATTEMPTED CHILD (1) Acts of lasciviousness against the will or without
PROSTITUTION. (Sec. 6, RA 7610) the consent of the offended party
(2) Qualified seduction of sister or descendant
ARTICLE 341 - WHITE SLAVE TRADE (3) Forcible abduction
Acts punishable:
(1) Engaging in business of prostitution The taking away of the woman must be against her
(2) Profiting by prostitution will.
(3) Enlisting the services of women for the purpose
of prostitution. The taking away of the woman may be accomplished
by means of deceit first and then by means of
Habituality is not a necessary element of white slave violence and intimidation.
trade.
If the female abducted is under 12, the crime is
‘Under any pretext’ – one who engaged the services forcible abduction, even if she voluntarily goes with
of a woman allegedly as a maid, but in reality for her abductor.
prostitution, is guilty under this article.
When the victim was abducted by the accused
Victim is under 12 yrs., penalty shall be one degree without lewd designs, but for the purpose of lending
higher. her to illicit intercourse with others, the crime is not
abduction but corruption of minors.
Offender need not be the owner of the house.
Rape may absorb forcible abduction, if the main
Maintainer or manager of house of ill-repute need objective was to rape the victim.
not be present therein at the time of raid or arrest.
Sexual intercourse is not necessary in forcible
abduction.
Corruption of Minors White Slave Trade
Lewd designs may be shown by the conduct of the
Minority of victims Minority is not required
accused. When there are several defendants, it is
essential
enough that one of them had lewd designs. Husband
Victims may be male or Applies only to females is not liable for abduction of his wife, as lewd design
female is wanting.
May not necessarily be for Generally for profit
profit Attempt to rape is absorbed in the crime of forcible
abduction, thus there is no complex crime of forcible
Committed by a single act Generally committed abduction with attempted rape.
habitually
Nature of the crime - The act of the offender is
violative of the individual liberty of the abducted, her
ARTICLE 342 - FORCIBLE ABDUCTION honor and reputation, and public order.
Elements:
(1) The person abducted is any woman, regardless Forcible Abduction Grave Coercion
of her age, civil status or reputation;
(2) The abduction is against her will; There is violence or intimidation by the offender.
(3) The abduction is with lewd designs. The offended party is compelled to do something
against her will.
Abduction – the taking away of a woman from her
Abduction is No lewd design, provided
house or the place where she may be for the purpose
characterized by lewd that there is no
of carrying her to another place with the intent to
design. deprivation of liberty for
marry or to corrupt her.
an appreciable length of
time.
Two kinds of abduction:
(1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343) Forcible Abduction Corruption of Minors
Crimes against chastity where age and reputation are Purpose is to effect his Purpose is to lend the
immaterial: lewd designs on the victim to illicit intercourse
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The victim was abducted by the accused and was Purpose of the law - Not to punish the wrong done to
brought to a hotel where the latter succeeded in the girl because she consents to it, but to prescribe
having sexual intercourse with her. punishment for the disgrace to her family and the
alarm caused by the disappearance of one who is, by
HELD: The elements of both rape and forcible her age and sex, susceptible to cajolery and deceit.
abduction are proven. The presence of lewd designs
in forcible abduction is manifested by the If the virgin is under 12 or is deprived of reason, the
subsequent rape of the victim. [People v. Sunpongco] crime is forcible abduction because such is incapable
of giving a valid consent.
This is the Maggie Dela Riva story wherein Maggie
was abducted and brought to a hotel, where the 4 The taking away of the girl need not be with some
accused took turns in raping her. character of permanence. Offended party need not
be taken from her house.
HELD: While the first act of rape was being
performed, the crime of forcible abduction had When there was no solicitation or cajolery and no
already been consummated, hence, forcible deceit and the girl voluntarily went with the man,
abduction can only be attached to the first act of there is no crime committed even if they had sexual
rape, detached from the 3 subsequent acts of rape. intercourse.
The effect therefore would be one count of forcible
abduction with rape and 4 counts of rape for each of ARTICLE 344 - PROSECUTION OF PRIVATE
the accused. [People v. Jose] OFFENSES
(1) Adultery
The accused and 2 other men raped the victim. The
(2) Concubinage
victim was a jeepney passenger who was prevented
(3) Seduction
from leaving the jeepney. She was taken to a remote
(4) Abduction
place where she was raped.
(5) Acts of lasciviousness
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Nature of the complaint: The complaint must be filed Seduction, abduction, acts of lasciviousness
in court, not with the fiscal. In case of complex Seduction, abduction, or acts of lasciviousness must
crimes, where one of the component offenses is a be prosecuted upon complaint signed by—
public crime, the criminal prosecution may be (1) Offended party - When the offended party is a
instituted by the fiscal. minor, her parents may file the complaint.
(2) When the offended party is of age and is in
The court motu proprio can dismiss the case for complete possession of her mental and physical
failure of the aggrieved party to file the proper faculties, she alone can file the complaint.
complaint even if the accused never raised the (3) Parents, Grandparents or Guardian in that order
question on appeal.
When the offended is a minor or incapacitated and
Crimes against chastity cannot be prosecuted de refuses to file the complaint, any of the persons
oficio. mentioned could file.
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The adulterer and the concubine can be sentenced For purposes of sexual intercourse and lascivious
only to indemnify for damages caused to the conduct in child abuse cases under RA 7610, the
offended spouse. sweetheart defense is unacceptable. A child
exploited in prostitution or subjected to other sexual
Under the RPC, there is no civil liability for acts of abuse cannot validly give consent to sexual
lasciviousness. intercourse with another person. [Malto v. People
(2007)]
Art. 2219, CC: moral damages may be recovered in
seduction, abduction, rape, or other lascivious acts, RAPE; Exemplary Damages; Child Victims
as well as in adultery and concubinage. Exemplary damages must also be awarded in these
child abuse cases to deter others with perverse
The parents of the female seduced, abducted, raped, tendencies from sexually abusing young girls of their
or abused may also recover moral damages. own flesh and blood. [People vs. Abellera(2007)]
In multiple rape, all the offenders must support the
offspring. CHILD ABUSE; Pandering Child Prostitutes
Appellant’s violation of Sec. 5, Art. III of R.A. No.
Art. 283 (1), CC: Judgment to recognize the offspring 7610 is as clear as day. The provision penalizes
may only be given if there is pregnancy within the anyone who engages in or promotes, facilitates or
period of conception, which is within 120 days from induces child prostitution either by:
the commission of the offense. (1) acting as a procurer of a child prostitute; or
(2) inducing a person to be a client of a child
In rape of a married woman, only indemnity is prostitute by means of written or oral
allowed. advertisements or other similar means; or
(3) by taking advantage of influence or relationship
ARTICLE 346 – LIABILITY OF ASCENDANTS, to procure a child as a prostitute; or
GUARDIANS, TEACHERS AND OTHER PERSONS (4) threatening or using violence towards a child to
ENTRUSTED WITH THE CUSTODY OF THE engage him as a prostitute; or
OFFENDED PARTY (5) giving monetary consideration, goods or other
pecuniary benefits to the child with the intent to
Liability of ascendants, guardians, teachers or other engage such child in prostitution.
persons entrusted with the custody of the offended
party The purpose of the law is to provide special
(1) Persons who cooperate as accomplices but are protection to children from all forms of abuse,
punished as principals in rape, seduction, neglect, cruelty, exploitation and discrimination, and
abduction, etc. (see list below for the complete other conditions prejudicial to their development.
set of crimes referred to in this article):
(a) ascendants A child exploited in prostitution may seem to
(b) guardians “consent” to what is being done to her or him and
(c) curators may appear not to complain.
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place, or of the sauna, disco, bar, resort, place of selling, or trading them to engage in
entertainment or establishment serving as a prostitution, pornography, sexual exploitation,
cover or which engages in prostitution in forced labor or slavery, involuntary servitude or
addition to the activity for which the license has debt bondage;
been issued to said establishment. (d) To undertake or organize tours and travel plans
consisting of tourism packages or activities for
Comparison with art. 366, RPC the purpose of utilizing and offering persons for
Acts of lasciviousness is punished under RA 7610 prostitution, pornography or sexual exploitation;
when performed on a child below 18 years of age (e) To maintain or hire a person to engage in
exploited in prostitution or subjected to other sexual prostitution or pornography;
abuse. (f) To adopt or facilitate the adoption of persons for
the purpose of prostitution, pornography, sexual
Obscene publications and indecent shows exploitation, forced labor, slavery, involuntary
Punishable acts servitude or debt bondage;
Section 9. Obscene Publications and Indecent (g) To recruit, hire, adopt, transport or abduct a
Shows. – Any person who shall hire, employ, use, person, by means of threat or use of force, fraud,
persuade, induce or coerce a child to perform in deceit, violence, coercion, or intimidation for the
obscene exhibitions and indecent shows, whether purpose of removal or sale of organs of said
live or in video, or model in obscene publications or person; and
pornographic materials or to sell or distribute the (h) To recruit, transport or adopt a child to engage in
said materials shall suffer the penalty of prision armed activities in the Philippines or abroad.
mayor in its medium period.
Section 5. Acts that Promote Trafficking in Persons. -
If the child used as a performer, subject or The following acts which promote or facilitate
seller/distributor is below twelve (12) years of age, trafficking in persons, shall be unlawful:
the penalty shall be imposed in its maximum period. (a) To knowingly lease or sublease, use or allow to be
Any ascendant, guardian, or person entrusted in any used any house, building or establishment for
capacity with the care of a child who shall cause the purpose of promoting trafficking in persons;
and/or allow such child to be employed or to (b) To produce, print and issue or distribute unissued,
participate in an obscene play, scene, act, movie or tampered or fake counseling certificates,
show or in any other acts covered by this section registration stickers and certificates of any
shall suffer the penalty of prision mayor in its government agency which issues these
medium period. certificates and stickers as proof of compliance
with government regulatory and pre-departure
RA 9208: ANTI-TRAFFICKING IN PERSONS ACT requirements for the purpose of promoting
Punishable acts trafficking in persons;
Section 4. Acts of Trafficking in Persons. - It shall be (c) To advertise, publish, print, broadcast or
unlawful for any person, natural or juridical, to distribute, or cause the advertisement,
commit any of the following acts: publication, printing, broadcasting or
(a) To recruit, transport, transfer; harbor, provide, or distribution by any means, including the use of
receive a person by any means, including those information technology and the internet, of any
done under the pretext of domestic or overseas brochure, flyer, or any propaganda material that
employment or training or apprenticeship, for promotes trafficking in persons;
the purpose of prostitution, pornography, sexual (d) To assist in the conduct of misrepresentation or
exploitation, forced labor, slavery, involuntary fraud for purposes of facilitating the acquisition
servitude or debt bondage; of clearances and necessary exit documents
(b) To introduce or match for money, profit, or from government agencies that are mandated
material, economic or other consideration, any to provide pre-departure registration and
person or, as provided for under Republic Act services for departing persons for the purpose of
No. 6955, any Filipino woman to a foreign promoting trafficking in persons;
national, for marriage for the purpose of (e) To facilitate, assist or help in the exit and entry of
acquiring, buying, offering, selling or trading persons from/to the country at international and
him/her to engage in prostitution, pornography, local airports, territorial boundaries and
sexual exploitation, forced labor, slavery, seaports who are in possession of unissued,
involuntary servitude or debt bondage; tampered or fraudulent travel documents for the
(c) To offer or contract marriage, real or simulated, purpose of promoting trafficking in persons;
for the purpose of acquiring, buying, offering,
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(f) To confiscate, conceal, or destroy the passport, (e) Attempting to compel or compelling the woman
travel documents, or personal documents or or her child to engage in conduct which the
belongings of trafficked persons in furtherance woman or her child has the right to desist from
of trafficking or to prevent them from leaving the or desist from conduct which the woman or her
country or seeking redress from the government child has the right to engage in, or attempting to
or appropriate agencies; and restrict or restricting the woman's or her child's
(g) To knowingly benefit from, financial or otherwise, freedom of movement or conduct by force or
or make use of, the labor or services of a person threat of force, physical or other harm or threat
held to a condition of involuntary servitude, of physical or other harm, or intimidation
forced labor, or slavery. directed against the woman or child. This shall
include, but not limited to, the following acts
Section 6. Qualified Trafficking in Persons. - The committed with the purpose or effect of
following are considered as qualified trafficking: controlling or restricting the woman's or her
(a) When the trafficked person is a child; child's movement or conduct:
(b) When the adoption is effected through Republic (1) Threatening to deprive or actually depriving
Act No. 8043, otherwise known as the "Inter- the woman or her child of custody to her/his
Country Adoption Act of 1995" and said family;
adoption is for the purpose of prostitution, (2) Depriving or threatening to deprive the
pornography, sexual exploitation, forced labor, woman or her children of financial support
slavery, involuntary servitude or debt bondage; legally due her or her family, or deliberately
(c) When the crime is committed by a syndicate, or in providing the woman's children insufficient
large scale. Trafficking is deemed committed by financial support;
a syndicate if carried out by a group of three (3) (3) Depriving or threatening to deprive the
or more persons conspiring or confederating woman or her child of a legal right;
with one another. It is deemed committed in (4) Preventing the woman in engaging in any
large scale if committed against three (3) or legitimate profession, occupation, business
more persons, individually or as a group; or activity or controlling the victim's own
(d) When the offender is an ascendant, parent, money or properties, or solely controlling
sibling, guardian or a person who exercises the conjugal or common money, or
authority over the trafficked person or when the properties;
offense is committed by a public officer or (f) Inflicting or threatening to inflict physical harm on
employee; oneself for the purpose of controlling her actions
(e) When the trafficked person is recruited to engage or decisions;
in prostitution with any member of the military (g) Causing or attempting to cause the woman or her
or law enforcement agencies; child to engage in any sexual activity which does
(f) When the offender is a member of the military or not constitute rape, by force or threat of force,
law enforcement agencies; and physical harm, or through intimidation directed
(g) When by reason or on occasion of the act of against the woman or her child or her/his
trafficking in persons, the offended party dies, immediate family;
becomes insane, suffers mutilation or is afflicted (h) Engaging in purposeful, knowing, or reckless
with Human Immunodeficiency Virus (HIV) or the conduct, personally or through another, that
Acquired Immune Deficiency Syndrome (AIDS). alarms or causes substantial emotional or
psychological distress to the woman or her child.
RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND This shall include, but not be limited to, the
THEIR CHILDREN following acts:
Punishable acts (1) Stalking or following the woman or her child
SECTION 5. Acts of Violence Against Women and in public or private places;
Their Children.- The crime of violence against (2) Peering in the window or lingering outside
women and their children is committed through any the residence of the woman or her child;
of the following acts: (3) Entering or remaining in the dwelling or on
(a) Causing physical harm to the woman or her child; the property of the woman or her child
(b) Threatening to cause the woman or her child against her/his will;
physical harm; (4) Destroying the property and personal
(c) Attempting to cause the woman or her child belongings or inflicting harm to animals or
physical harm; pets of the woman or her child; and
(d) Placing the woman or her child in fear of (5) Engaging in any form of harassment or
imminent physical harm; violence;
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(1) Offender has been legally married; The witness who falsely vouched for the capacity of
(2) The marriage has not been legally dissolved or, either of the contracting parties is also an
in case his or her spouse is absent, the absent accomplice.
spouse could not yet be presumed dead
according to the Civil Code; Bigamy is not a private crime.
(3) He contracts a second or subsequent marriage;
ARTICLE 350 - MARRIAGE CONTRACTED AGAINST
(4) The second or subsequent marriage has all the
PROVISIONS OF LAWS
essential requisites for validity.
Elements:
The first marriage must be valid. (1) Offender contracted marriage;
(2) He knew at the time that –
Nullity of marriage, not a defense in bigamy. (a) The requirements of the law were not
complied with; or
The fact that the first marriage is void from the (b) The marriage was in disregard of a legal
beginning is not a defense. As with voidable impediment..
marriage, there must be a judicial declaration of
nullity of marriage before contracting the second Bigamy is a form of illegal marriage.
marriage.
Illegal marriage includes also such other marriages
Good faith is a defense in bigamy. which are performed without complying with the
requirements of law, or marriages where the consent
Failure to exercise due diligence to ascertain the of the other is vitiated, or such marriage which was
whereabouts of the first wife is bigamy through solemnized by one who is not authorized to
reckless imprudence. solemnize the same.
One who contracted a subsequent marriage before Conviction of a violation of art. 350 involves a crime
the declaration of presumptive death of the absent of moral turpitude. (Villasanta v. Peralta, 101 Phil. 313)
spouse is guilty of bigamy.
ARTICLE 351 - PREMATURE MARRIAGE
The second marriage must have all the essential Persons liable:
requisites for validity. (1) A widow who is married within 301 days from the
date of the death of her husband, or before
One convicted of bigamy may also be prosecuted for having delivered if she is pregnant at the time of
concubinage as both are distinct offenses. The first is his death;
an offense against civil status, which may be (2) A woman who, her marriage having been
prosecuted at the instance of the state; the second is annulled or dissolved, married before her
an offense against chastity, and may be prosecuted delivery or before the expiration of the period of
only at the instance of the offended party. 301 days after the date of the legal separation.
The test is not whether the defendant has already The purpose of the law punishing premature
been tried for the same act, but whether he has been marriages is to prevent doubtful paternity. (People v.
put in jeopardy for the same offense. Rosal, 49 Phil. 509)
The second spouse is not necessarily liable for The Supreme Court considered the reason behind
bigamy. making such marriages within 301 days criminal, that
is, because of the probability that there might be a
Whether the second spouse should be included in confusion regarding the paternity of the child who
the information is a question of fact that was would be born.
determined by the fiscal who conducted the
preliminary investigation in this case. (People v. If this reason does not exist because the former
Nepomuceno, Jr., 64 SCRA 518) husband is impotent, OR was shown to be sterile
such that the woman has had no child with him, that
The second husband or wife who knew of first belief of the woman that after all there could be no
marriage is an accomplice. confusion even if she would marry within 301 days
may be taken as evidence of good faith and that
would negate criminal intent.
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faith in contracting the second marriage, (3) Slander by deed – defamation through acts
believing that she had been validly divorced from
her first husband, it is sufficient to say that Test of the defamatory character of words used:
everyone is presumed to know the law, and the Whether they are calculated to induce the hearers to
fact that one does not know that his act suppose and understand that the person against
constitutes a violation of the law does not exempt whom they (i.e. the defamatory words) were uttered
him from the consequences thereof. was guilty of certain offenses; OR are sufficient to
impeach his honesty, virtue or reputation, or to hold
Moreover, squarely applicable to the criminal him up to public ridicule. (U.S. vs. O’Connell)
case for bigamy, is People v. Schneckenburger,
where it was held that the accused who secured a First element: There must be an imputation of a
foreign divorce, and later remarried in the crime, a vice or defect, real or imaginary, OR any act,
Philippines, in the belief that the foreign divorce omission, condition, status, or circumstance;
was valid, is liable for bigamy. [Diego v.
Castillo(2004)] Imputation of a criminal act may be implied from the
acts and statements of the accused.
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(2) That the communication is addressed to an calling which gives the public a legitimate interest in
officer or board, or superior, having some his doings, his affairs and his character, has become
interest or duty in the matter. a “public personage” [Ayer Productions v. Capulong
(3) The the statements in the communication are (1988)]
made in good faith without malice in fact.
Based on the ruling in US v. Ocampo, proof of
Applying to the wrong person due to honest mistake knowledge of and participation in the publication of
does not take the case out of privilege. (US v. Bustos, the offending article is not required, if the accused
37 Phil. 731) has been specifically identified as “author, editor, or
proprietor” or “printer/publisher” of the publication.
Unnecessary publicity destroys good faith.
On January 25, 2008, the Court issued
The privileged character simply does away with the Administrative Circular No. 08-2008, entitled
presumption of malice. Guidelines in the Observance of a Rule of Preference in
the Imposition of Penalties in Libel Cases. The
The rule is that a communication loses its privileged Circular expresses a preference for the imposition of
character and is actionable on proof of actual malice. a fine rather than imprisonment, given the
circumstances attendant in the cases cited therein in
That the statement is a privileged communication is which only a fine was imposed by this Court on those
a matter of defense. To overcome the defense of convicted of libel.
privileged communication under par. 1 of art. 354, it
must be shown that: It also states that, if the penalty imposed is merely a
1) The defendant acted with malice in fact; or fine but the convict is unable to pay the same, the
2) There is no reasonable ground for believing the Revised Penal Code provisions on subsidiary
charge to be true. imprisonment should apply.
Fair and true report of official proceedings However, the Circular likewise allows the court, in the
Official proceedings refer to proceedings of the 3 exercise of sound discretion, the option to impose
branches of the government: judiciary, legislative, imprisonment as penalty, whenever the imposition of
and executive. a fine alone would depreciate the seriousness of the
offense, work violence on the social order, or
Requisites: otherwise be contrary to the imperatives of justice.
(1) That it is a fair and true report of a judicial, [Fermin v. People(2008)]
legislative, or other official proceedings which are
not confidential in nature, or of a statement, ARTICLE 355 - LIBEL BY WRITING OR SIMILAR MEANS
report, or speech delivered in said proceedings, or Libel may be committed by means of:
of any other act performed by a public officer in (1) Writing;
the exercise of his functions. (2) Printing;
(2) That it is made in good faith; and (3) Lithography;
(3) That it is without comments or remarks (4) Engraving;
(5) Radio;
The communication must be pertinent and material (6) Photograph;
to the subject matter. (7) Painting;
(8) Theatrical exhibition;
Doctrine of fair comment: Fair commentaries on (9) Cinematographic exhibition; or
matters of public interest are privileged and (10) Any similar means. (e.g. video broadcast)
constitute a valid defense in an action for libel or
slander.
Common characteristic of written libel: their
In order that a discreditable imputation to a public permanent nature as a means of publication.
official may be actionable, it must either be:
(1) A false allegation of fact; OR Use of amplifier system is not libel but oral
(2) A comment based on a false supposition. [People defamation (slander). But the defamation made in
v. Velasco (2000)] the television program is libel.
PUBLIC FIGURE – one who, by his accomplishments, In a libel case filed in August 2006 against RP
fame, mode of living, OR by adopting a profession or Nuclear Solutions and blogger Abe Olandres, the
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Pasig City Prosecutor dismissed the charges against (2) That such facts are offensive to the honor, virtue
them because they have no participation in the and reputation of said person.
creation. Neither did they have the authority to
modify the content of the site being hosted where This article is referred to as the Gag Law.
3
the allegedly libelous remarks were posted. Prohibition applies even if the facts are involved in
official proceedings.
The prosecutor however ordered the filing of cases
against two other respondents who never denied Newspaper reports on cases pertaining to adultery,
authorship of the posted comments. divorce, legitimacy of children, etc. are barred from
publication.
It remains debatable when the moment of
publication occurs with respect to statements made Under RA 1477, a newspaper reporter cannot be
4
over the Internet. One view holds that there is compelled to reveal the source of the news report he
publication once the statement is uploaded or posted made, UNLESS the court or a House or committee of
on a website. The other view maintains that Congress finds that such revelation is demanded by
publication occurs only when another person gains the security of the state.
access or reads the statement on the site
ARTICLE 358 - SLANDER
ARTICLE 356 - THREATENING TO PUBLISH AND OFFER TO Slander, or oral defamation is composed of two kinds:
PREVENT SUCH PUBLICATION FOR A COMPENSATION (1) Simple slander
Acts Punished: (2) Grave slander
(1) Threatening another to publish a libel
concerning – him, his parents, spouse, child or Factors that determine the gravity of the oral
other members of his family defamation:
(2) Offering to prevent the publication of such libel (1) Expressions used
for compensation or money consideration. (2) Personal relations of the accused and the
offended party.
The essence of this crime is blackmail, which is (3) The surrounding circumstances.
defined as any unlawful extortion of money by
threats of accusation or exposure. Illustration of grave slander:
A woman of violent temper hurled at a respectable
Blackmail can also be in the form of light threats, married lady with young daughters offensive and
which is punished under ARTICLE 283. scurrilous epithets including words imputing
unchastity to the mother and tending to injure the
ARTICLE 357 - PROHIBITED PUBLICATION OF ACTS
character of the daughters [U.S. vs. Toloso]
REFERRED TO IN THE COURSE OF OFFICIAL PROCEEDINGS
(GAG LAW) Illustration of simple slander:
(1) Calling a person a gangster
Elements: (2) Uttering defamatory words in the heat of anger
(1) Offender is a reporter, editor or manager of a with some provocation on the part of the
newspaper, daily or magazine; offended party
(2) He publishes facts connected with the private (3) The word “putang ina mo” is a common
life of another; expression in the dialect that is often employed
(3) Such facts are offensive to the honor, virtue and not really to slander but rather to express anger
reputation of said person. or displeasure. It is seldom, if ever taken in its
literal sense by the hearer, that is, as a reflection
Requisites of violation: on the virtue of a mother. [Reyes vs. People]
(1) That the article published contains facts
connected with the private life of an individual; The slander need not be heard by the offended party.
and
ARTICLE 359 - SLANDER BY DEED
Elements:
3
http://newsinfo.inquirer.net/breakingnews/infotech/ (1) Offender performs any act not included in any
view_article.php?article_id=68456 other crime against honor;
(2) Such act is performed in the presence of other
4
http://thewarriorlawyer.com/2007/03/04/libel-on- person or persons;
the-internet-under-philippine-law-part-ii/) (3) Such act casts dishonor, discredit or contempt
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upon the offended party. Liability of the editor is the same as that of the
author.
Slander by deed is a crime against honor which is
committed by performing any act which casts Lack of participation in the preparation of libelous
dishonor, discredit, or contempt upon another articles does not shield the persons responsible from
person. liability.
Slander by deed is of two kinds Under Republic Act no. 8792, otherwise known as
(1) Simple slander by deed the Electronic Commerce Act, a party or person
(2) Grave slander by deed acting as a service provider incurs NO civil or criminal
liability in the making, publication, dissemination or
There is no fixed standard in determining whether a distribution of libelous material if:
slander is serious or not; hence the courts have (1) The service provider does not have actual
sufficient discretion to determine the same, basing knowledge, or is not aware of the facts or
the finding on the attendant circumstances and circumstances from which it is apparent that
matters relevant thereto. making, publication, dissemination or
distribution of such material is unlawful or
Slapping the face of another is slander by deed if the infringes any rights;
intention of the accused is to cause shame or (2) The service provider does not knowingly receive
humiliation. a financial benefit directly attributable to the
infringing activity;
Fighting the offended party with intention to insult (3) The service provider does:
him is slander by deed. (a) not directly commit any infringement or
other unlawful act and
Pointing a dirty finger constitutes simple slander by (b) does not induce or cause another person or
deed. party to commit any infringement or other
unlawful act
Slander by deed and acts of lasciviousness – (c) and/or does not benefit financially from the
distinguished by presence of lewd designs. If such is infringing activity or unlawful act of another
present, it is an act of lasciviousness. person or party (Section 30, in relation to
5
Section 5, E-Commerce Law.
Slander by deed and maltreatment – the nature and
effect of maltreatment determines the crime Where to file the criminal action? It depends on who
committed. If the offended party suffered from the offended party is.
shame or humiliation caused by the maltreatment, it
is slander by deed. If he is a public officer, the criminal action can only
be instituted in either:
Slander by deed and unjust vexation – If it merely (1) RTC of the province or city where the libelous
annoys and irritates, without any other concurring article is printed and first published, OR
factor, it is unjust vexation. If the irritation or (2) RTC of the province or city where he held office
annoyance was attended by publicity and dishonor, it at the time of the commission of the offense
is slander by deed.
If he is a private person, the criminal action may be
ARTICLE 360 - PERSONS RESPONSIBLE FOR LIBEL
brought in:
(1) RTC of the province or city where the libelous
(1) The person who publishes, exhibits or causes the article is printed and first published, OR
publication or exhibition of any defamation in (2) RTC of the province or city where he actually
writing or similar means. resided at the time of the commission of the
(2) The author or editor of a book or pamphlet. offense
(3) The editor or business manager of a daily
newspaper magazine or serial publication. Civil and criminal action must be filed with the same
(4) The owner of the printing plant which court.
publishes a libelous article with his consent
and all other persons who in any way
participate in or have connection with its
publication. 5
http://thewarriorlawyer.com/2007/03/04/libel-on-
the-internet-under-philippine-law-part-ii/)
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Offended party must filed the complaint for utterance is where the by which he
defamation imputing a crime which cannot be unknown and source of the directly
prosecuted de officio. the offender defamatory incriminates or
simply repeats nature of the imputes to an
Libel imputing a vice or defect, not being an or passes the utterance is innocent person
imputation of a crime, is always prosecuted upon same to blemish known, and the commission
information signed and filed by the fiscal. the honor or offender makes of a crime
reputation of a republication
An action for exemplary damages in libel may be another thereof
awarded if the action is based on quasi-delict.
As far as this crime is concerned, this has been
No remedy for damages for slander or libel in case of interpreted to be possible only in the so-called
absolutely privileged communication. planting of evidence. If this act is resorted to, to
enable officers to arrest the subject, the crime is
ARTICLE 361 - PROOF OF TRUTH
unlawful arrest through incriminating innocent
When admissible? persons.
(1) When the act or omission imputed constitutes a
crime regardless of whether the offended party is This crime cannot be committed through verbal
a private individual or a public officer. incriminatory statements.
(2) When the offended party is a Government
employee, even if the imputation does not Perjury by Defamation
constitute a crime, provided it is related to the Incriminating
making false
discharge of his official duties. innocent person
accusations
Rule of actual malice: Even if the defamatory act of planting giving of false public and
statement is false, NO liability can attach IF it relates evidence and the statement under malicious
to official conduct, UNLESS the public official like in order to oath or making a imputation
concerned proves that the statement was made with incriminate an false affidavit, calculated to
actual malice, i.e., with knowledge that it was false or innocent person imputing to the cause dishonor,
with reckless disregard of WON it was false. person the discredit, or
commission of a contempt upon
That the publication of the article was an honest crime the offended
mistake is not a complete defense but serves only to party
mitigate damages where article is libelous per se.
ARTICLE 364 - INTRIGUING AGAINST HONOR
ARTICLE 362 - LIBELOUS REMARKS (1) Intriguing against honor is referred to as
(1) Libelous remarks or comments gossiping: the offender, without ascertaining the
(2) connected with the matter privileged under the truth of a defamatory utterance, repeats the
provisions of Art. 354, same and pass it on to another, to the damage
(3) if made with malice, of the offended party
(4) shall NOT exempt the author thereof nor the (2) This crime is committed by any person who shall
editor or managing editor of a newspaper from make any intrigue which has for its principal
criminal liability. purpose to blemish the honor or reputation of
another person.
Libelous remarks or comments on matters
privileged, if made with malice in fact, do not exempt Committed by any person who shall make any
the author and editor. intrigue which has for its principal purpose to
blemish the honor or reputation of another person.
CHAPTER II: INCRIMINATORY MACHINATIONS
Jurisprudence
ARTICLE 363 - INCRIMINATING INNOCENT PERSON
Intriguing Slander Incriminating Libel against a public official
against honor innocent person An open letter addressed to the stockholders of
the source of the offender made offender OPMC was the subject of a full-page advertisement
defamatory the utterance, performs an act published in 5 major daily newspapers. Coyiuto, Jr.,
wrote in his capacity as Chairman of the Board and
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President of OPMC, that there was a sweetheart deal backdrop of the case, the oral defamation was only
between Commissioner Mario Jalandoni of the PCGG slight. The trial court believed the defamation to be
and Rizal Commercial Banking Corp. (RCBC) to the deliberately done to destroy Atty. Escolango's
prejudice of the Government . reputation since the parties were political opponents.
The trial court failed to appreciate the fact that the
In the recent case of Vasquez v. Court of Appeals, et. parties were also neighbors: that petitioner was
al., the Court ruled that: "The question is whether drunk at the time he uttered the defamatory words;
from the fact that the statements were defamatory, and the fact that petitioner's anger was instigated by
malice can be presumed so that it was incumbent what Atty. Escolango did when petitioner's father
upon petitioner to overcome such presumption. died. In which case, the oral defamation was not of
Under Art. 361 of the Revised Penal Code, if the serious or insulting nature.
defamatory statement is made against a public
official with respect to the discharge of his official In Reyes v. People, we ruled that the expression
duties and functions and the truth of the allegation is "putang ina mo" is a common enough utterance in
shown, the accused will be entitled to an acquittal the dialect that is often employed, not really to
even though he does not prove that the imputation slander but rather to express anger or displeasure.
was published with good motives and for justifiable In fact, more often, it is just an expletive that
ends." punctuates one's expression of profanity. We do not
find it seriously insulting that after a previous
Moreover, the Court has ruled in a plethora of cases incident involving his father, a drunk Rogelio Pader
that in libel cases against public officials which relate on seeing Atty. Escolango would utter words
to official conduct liability will attach only if the expressing anger. Obviously, the intention was to
public official concerned proves that the statement show his feelings of resentment and not necessarily
was made with actual malice, that is, with knowledge to insult the latter. [Rogelio Pader v. People (2000)]
that it was false.
Imputations regarding official conduct do not carry Venue of criminal and civil actions in libel cases (Art.
the presumption of malice, hence even if the 360 and RA 4363 AN ACT TO FURTHER AMEND
defamatory statement is false, if malice was not ARTICLE THREE HUNDRED SIXTY OF THE REVISED
proven, there is no libel. Here petitioner failed to PENAL CODE)
prove actual malice on the part of the private Alfie Lorenzo, Allen Macasaet, Nicolas Quijano, Jr.,
respondents. Nor was the Court of the opinion that and Roger Parajes, columnist, publisher, managing
the open letter was written to cast aspersion on the editor, and editor, respectively of the newspaper
good name of the petitioner. "Abante" were charged before the RTC, with the
crime of libel. Respondents tried to have the
The paid advertisement merely served as a vehicle to complaint dismissed on the basis that Trinidad, the
inform the stockholders of the goings-on in the complainant was not a resident of Quezon City but
business world and only exposed the irregularities rather of Marikina. However, the RTC and the Court
surrounding the PCGG and RCBC deal and the of Appeals upheld Trinidad.
parties involved. [Mario C.V Jalandoni v Secretary of
Justice(2000)] HELD: In criminal actions, it is a fundamental rule
that venue is jurisdictional. Thus, the place where the
Slander (Art. 358) crime was committed determines not only the venue
Atty. Benjamin C. Escolango was conversing with his of the action but is an essential element of
political leaders at the terrace of his house when jurisdiction.
Rogelio Pader appeared at the gate and shouted
"putang ina mo Atty. Escolango. Napakawalanghiya In the case of Uy v. Court of Appeals and People of the
mo!" The latter was dumbfounded and embarrassed. Philippines, this Court had the occasion to expound
At that time, Atty. Escolango was a candidate for vice on this principle. It is a fundamental rule that for
mayor in the 1995 elections. Atty. Escolango filed jurisdiction to be acquired by courts in criminal cases:
with the Municipal Trial Court a complaint against (1) the offense should have been committed or any
Pader for grave oral defamation. The MTC rendered one of its essential ingredients took place within
decision convicting petitioner of grave oral the territorial jurisdiction of the court.
defamation. (2) Territorial jurisdiction in criminal cases is the
territory where the court has jurisdiction to take
HELD: Unquestionably, the words uttered were cognizance or to try the offense allegedly
defamatory. Considering, however, the factual committed therein by the accused.
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(3) Thus, it cannot take jurisdiction over a person individual and where he was actually residing at that
charged with an offense allegedly committed time.
outside of that limited territory. Whenever possible, the place where the written
(4) Furthermore, the jurisdiction of a court over the defamation was printed and first published should
criminal case is determined by the allegations in likewise be alleged. That allegation would be a sine
the complaint or information. qua non if the circumstance as to where the libel was
(5) And once it is so shown, the court may validly printed and first published is used as the basis of the
take cognizance of the case. venue of the action. [Macasaet v. People (2005)]
(6) However, if the evidence adduced during the
trial show that the offense was committed Unsealed letters
somewhere else, the court should dismiss the Sending an unsealed libelous letter to the offended
action for want of jurisdiction. party constitutes publication. [Magno vs.
People(2006)]
The law, however, is more particular in libel cases.
The possible venues for the institution of the criminal What constitutes publication; Fine Instead of
and the civil aspects of said case are concisely Imprisonment
outlined in Article 360 of the Revised Penal Code, as There is publication in this case. In libel, publication
amended by Republic Act No. 4363. means making the defamatory matter, after it is
written, known to someone other than the person
In Agbayani v. Sayo, we summarized the foregoing against whom it has been written.
rule in the following manner:
(1) Whether the offended party is a public official or Petitioner’s subject letter-reply itself states that the
a private person, the criminal action may be filed same was copy furnished to all concerned. Also,
in the Court of First Instance of the province or petitioner had dictated the letter to his secretary. It
city where the libelous article is printed and first is enough that the author of the libel complained of
published. has communicated it to a third person. Furthermore,
(2) If the offended party is a private individual, the the letter, when found in the mailbox, was open, not
criminal action may also be filed in the Court of contained in an envelope thus, open to public.
First Instance of the province where he actually
resided at the time of the commission of the While Vaca case is for violation of B.P. 22, we find the
offense. reasons behind the imposition of fine instead of
(3) If the offended party is a public officer whose imprisonment applicable to petitioner’s case of libel.
office is in Manila at the time of the commission We note that this is petitioner’s first offense of this
of the offense, the action may be filed in the nature. He never knew respondent prior to the
Court of First Instance of Manila. demand letter sent by the latter to Mrs. Quingco
(4) If the offended party is a public officer holding who then sought his assistance thereto. He appealed
office outside of Manila, the action may be filed from the decision of the RTC and the CA in his belief
in the Court of First Instance of the province or that he was merely exercising a civil or moral duty in
city where he held office at the time of the writing the letter to private complainant. In fact,
commission of the offense. petitioner could have applied for probation to evade
prison term but he did not do so believing that he did
In the case at bar, private respondent was a private not commit a crime thus, he appealed his case.
citizen at the time of the publication of the alleged
libelous article, hence, he could only file his libel suit We believe that the State is concerned not only in the
in the City of Manila where Abante was first imperative necessity of protecting the social
published or in the province or city where he actually organization against the criminal acts of destructive
resided at the time the purported libelous article was individuals but also in redeeming the individual for
printed. economic usefulness and other social ends.
Consequently, we delete the prison sentence
This Court finds it appropriate to reiterate our earlier imposed on petitioner and instead impose a fine of
pronouncement in the case of Agbayani, to wit: In six thousand pesos.
order to obviate controversies as to the venue of the
criminal action for written defamation, the complaint This is not the first time that we removed the penalty
or information should contain allegations as to of imprisonment and imposed a fine instead in the
whether, at the time the offense was committed, the crime of libel. In Sazon v. Court of Appeals, petitioner
offended party was a public officer or a private was convicted of libel and was meted a penalty of
imprisonment and fine; and upon a petition filed
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While playing one day, a child-Honey Fe heard a The trial court found the accused "guilty beyond
commotion from a nearby house and went to reasonable doubt of the crime of Double Homicide
investigate. She saw Randy Luntayao being tortured Through Reckless Imprudence with violation of the
and killed by Alexander Sibonga, Reynario Nuñez, Motor Vehicle Law (Rep. Act No. 4136)."
Eutiquia Carmen, Delia Sibonga, and Celedonia
Fabie. Apparently it was a ritual supposed to cure HELD: There is no such nomenclature of an offense
him of demonic possession. The father of the boy under the Revised Penal Code. Thus, the trial court
filed charges against the participants, and the child was misled to sentence the accused "to suffer two (2)
who witnessed the macabre incident testified as to indeterminate penalties of four (4) months and one
what she saw. The trial court convicted the (1) day of arresto mayor, as minimum, to three (3)
participants of murder. years, six (6) months and twenty (20) days of prision
correccional, as maximum."
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This is erroneous because in reckless imprudence for the operation. Surgery was performed but
cases, the actual penalty for criminal negligence Lourdes never regained consciousness and expired
bears no relation to the individual wilful crime or five days later. The trial court convicted Teofilo
crimes committed, but is set in relation to a whole Abueva for Reckless Imprudence resulting in
class, or series of crimes. Unfortunately, we can no Homicide.
longer correct this judgment even if erroneous, as it
is, because it has become final and executory. HELD: After a careful review of the records, the Court
agrees with the factual findings of the lower courts
Under Article 365 of the Revised Penal Code, showing that the victim, Lourdes Mangruban, fell
criminal negligence "is treated as a mere quasi rather than jumped off the bus.
offense, and dealt with separately from wilful
offenses. It is not a question of classification or The prosecution has provided sufficient, clear and
terminology. In intentional crimes, the act itself is convincing basis for the conclusion that Lourdes fell
punished; in negligence or imprudence, what is off the bus due to the reckless act of the petitioner.
principally penalized is the mental attitude or Article 365 of the Revised Penal Code states that
condition behind the act, the dangerous reckless imprudence consists in:
recklessness, and lack of care or foresight, the (1) voluntarily, but without malice,
imprudencia punible. (2) doing or failing to do an act from which
(3) material damage results
Much of the confusion has arisen from the common (4) by reason of inexcusable lack of precaution on
use of such descriptive phrase as 'homicide through the part of the person performing or failing to
reckless imprudence', and the like; when the strict perform such act,
technical sense is, more accurately, 'reckless (5) taking into consideration:
imprudence resulting in homicide'; or 'simple (a) his employment or occupation;
imprudence causing damages to property'." [Rafael (b) his degree of intelligence;
Reyes Trucking v People (2000)] (c) his physical condition; and
(d) other circumstances regarding persons,
time and place.
FACTS: Ireneo, Abundio and Lourdes Mangruban
were with their paralyzed aunt at a bus terminal. Petitioner herein is a professional driver who has
Lourdes Mangruban was tasked to accompany their been in the employ of the bus company for 18 years
paralyzed aunt to Butuan City. A dispatcher 26 and has undergone training courses and seminars
informed them that a bus bound for Tacloban via to improve his skills as a driver. He is expected to be
Cebu and Butuan was about to leave. They were told well aware of his responsibilities to his passengers.
to wait as the bus maneuvered to its proper position Not only must he make sure that they reach their
prior to departure. The said bus, driven by Teofilo destinations on time, he must also ensure their
Abueva, came to a full stop in front of the terminal safety while they are boarding, during the entire trip,
building. As they negotiated their way towards the and upon disembarking from the vehicle. [Abueva v.
back of the bus, Lourdes, with luggage in hand, was People (2002)]
waiting on the first stepboard when the bus suddenly
moved. Due to the sudden movement, according to FACTS: "In the evening of February 16, 1990, Pat.
the witness, Lourdes fell off the bus and hit her head Domingo Belbes and Pat. Jose Pabon were assigned
on the cement pavement below. to maintain peace and order at the Junior and Senior
Prom of Pili Barangay High School. Around 9:00
According to the witness, the driver did not p.m. while Teacher-In-Charge Mila Ulanca, Pat.
disembark to assist Lourdes, while a dispatcher of Pabon and Belbes were watching the dance, two
the bus company assured them that there was students approached Mrs. Ulanca and said "Ma'm, it
nothing to worry about because the victim was not seems that there is somebody making trouble." Pat.
bleeding. Petitioner continued driving per his Belbes and Pat. Pabon, armed with an Armalite rifle
scheduled trip. and a .38 caliber revolver, respectively, responded
forthwith. Moments after the two police officers left,
Lourdes was taken to the San Pedro Hospital where bursts of gunfire filled the air.
a brain scan revealed the presence of a blood clot
that needed immediate surgery. The bus company Fernando Bataller, a graduating student was hit on
refused to give financial assistance to the different parts of his body and died. The accused Pat.
Mangrubans. On their own, the family raised the Belbes stated that they acted in self defense. The
amount required by the hospital as downpayment
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