JUDGE MIRA’S CLASS MARCH 21, 2020

Article 264 – dapat giinom? Wala ra sa surface

Article 265 – qualified less serious physical injuries
Slander by Deed – sagpa
Unjust Vexataion – sagpa to annoy you
Sagpa to cause injury – Art. 266?

WHEN IS RAPE QUALIFIED [ exhaustive; exclusive ]

1. Under 18 AND offender is a parent etc. (should go together) OR ELSE Simple Rape and the
remaining aggravating will be mere generic
2. Qualified statutory – even if ang 7 yrs old ang nag initiate.
3. Accused has knowledge that he has AIDS + Has transmitted it to the victim (should go together)

RA 7610 Anti Child Abuse Law

2. Debases, degrades, or demeans the intrinsic worth and dignity of a child as a human being.
Section 6. Attempt to Commit Child Prostitution ( even if walay molestation, etc. ) mas higher ang enalty
dri kesa sa RPC
Section 7.
RA 10364 – HUMAN TRAFFICKING LAW
Section 10

If below 12 – Statutory Rape under RPC (higher penalty)

12 yrs but below 18 / above 18 considered as child – either sexual abuse under RA 7610 OR rape under
RPC ; cannot be prosecuted for both
Rape cannot be complexed, you cannot complex an SPL with a felony.
Read: People vs. Abay GR NO. 177752
Whichever gives a higher penalty – 2016 case by Leonen
People vs. Undang Sevilla? 2018 case by Leonen
Ursua Case - 218575 Oct. 4, 2017

RA 9262 – VIOLENCE AGAINST WOMEN AND THEIR CHILDREN

To make this operative.
1. There should be the existence of relationship
2. Acts of Abuse
Offender is husband, former husband, lover (dating or sexual relationship)
Provisions under the RPC shall apply suppletorily. – Meaning, pwede ang other persons not enumerated.
This person acted in conspiracy with the person in relationship with the woman. // should be charged in
conspiracy – meaning, the paramour and the husband together should be charged.
Violence/Abuses covered: Physical, sexual, psychological, and economic abuse.
Can you use this law against a woman? YES. In the purview of lesbian relationship (falling under
sexual/dating relationship). One night stand will already make this law operative.
Can a woman be charged? YES. Either by conspiracy or she is the one in relationship.
Who can file? In your private crime – only offended party can file. Since SPL man ni ang VAWC, meaning,
other person or the State – they can prosecute it on their own. No need for a complaint from the
offended.
Battered woman syndrome – two cycle of violence. Cumulative abuse. //
Rights of the victim. CHECK

ANTI-HAZING LAW – RA 8049

Check the definition. Wala pa napangutana sa bar. (Memorise)
There are 5 instances where a person is considered principal. CHECK THE LAW
Kung owner sa balay
2016 pronouncement?
RA 11053 – owner or lessee are now principal. Same element. (Amendment)

ANTI-TORTURE ACT
Sec. 22 Anti-Torture can exist with other common crime [ dili ma absord. They can co-exist; 2 info ]
- As two separate and independent crime.
There can be two prosecutions without violating the rule on double jeopardy. Crime against persons,
personal liberty and security – penalty must be imposed in maximum period.
Although civilian, if he acted under the order of an agent or person of authority – pwede ma prosecute
for anti-torture.
APPLICABILITY OF REFOULER. Check this
NO AMNESTY FOR TORTURE
RA 9372 – ANTI TERRORISM
Sowing and creating a condition of:
Widespread and extraordinary fear and panic among populace
In order to coerce the gov’t to give in to an unlawful demand

The Maguindanao case kay walay coercion to the gov’t

Ang Marawi case ang naa. Naa both elements.

Priorly declared as terrorist group. There is pre-identification.

Kung dili pre-identified, the prosecution needs to prove the attendant elements.

ROBBERY
Article 294. STUDY THIS
Robbery with homicide. Homicide here is a generic concept pertaining to all forms of killing e.g.
homicide, murder, infanticide, abortion, parricide, death due to recklessness/imprudence, multiple
homicide.
1. Robbery with homicide – the aggravating relationship will only apply to him. Treated as mere
generic aggravating. (not robbery with parricide)
If accidentally killed a third person thru negligence = robbery with homicide gihapon. Shall apply to all
bec necessary and logical consequence.
Multiple homicide – ayaw I consider ang ubang deaths. Generic aggravating ra jud sya. Robbery with
homicide.
“on occasion of robbery”
“by reason of the robbery” – while you were escaping, gipatay ang kauban, etc. Basta kay by reason.

2. Robbery is accompanied (meaning on occasion) by Rape, Intentional Mutilation, Arson –

considered as other assaults?

Robbery with homicide aggravated with .. RIA (will not affect the penalty anymore, para nalang
sa exemplary damages) = Generic aggravating nalang ang RIA
Robbery with Rape = Rape is generic. SO it includes multiple counts of rape
 3. Robbery with serious physical injury
4. When in the course of its execution, the offender shall have inflicted upon any person (stranger,
not a co-robber) not responsible for the commission of the robbery any of the physical injuries
under Art. 263 3& 4
- 2 separate informations / if imong co-robber
- If dili – special complex crime
Less serious or slight physical injuries = absorbed. SIMPLE ROBBERY. Manifestation of inherent element
of violence
Robbery with hostage = read in conjunction with Art. 267
Robbery and kidnapping (2 separate informations, walay robbery with kidnapping) = clear ang
deprivation of liberty.
Kinahanglan ug 3 days for separate prosecution???

Robbery with Conspiracy and band

Look out is liable

Kung ang na commit kay robbery with homicide –

Kung band gani ang naka commit kay robbery with homicide gihapon. Ang band kay generic aggravating
ra. Same rule sa R.I.A
Lain pud tong Article 295.
PAR. 3,4,5 OF ART. 294 = prosecute it under art. 295 – robbery by a band. Maximum period. Always to
the max. (Mu apply rani kung ang na inflict kay serious physical injury)

ARTICLE 298.
ARTICLE 299. ROBBERY WITH FORCE UPON THINGS.
Core element: Unlawful entry or breaking of any wall.
If exit ra ang gi break, two crimes; theft and malicious mischief.
“By using any fictitious name or pretending the exercise of public authority was utilized in order to effect
entrance”
Kung nay invitation, dili na robbery with force upon things.
ASSIGNED READING
BP 22
PD 1613 – ARSON LAW
PPD 1612
CARNAPPING
RA 8484