Lex Pareto Notes - 2017 Edition Volume il fooling. Not anyone of them should be given any preference by paying one or some of ther ahead of the others. This is precisely the | reason for the suspension ofall pending claims against the corporation under receivership." | (Sobrejuanite v. ASB Dev. Corp., G.R. No. 165675, 30 September 2005) Sec, Section 6 does not provide that a claim arising from a pre-need contract is an exception fo the ower of the trial court to stay enforcement of all claims if the court finds the petition for Tehabltation to be sufficient in form and susbstance. (Abrora, et al. v. Barza, G.R. No. 171681; September 11, 2006) 2014 xl "When confronted with the order and beauty of the universe and the strange coincidences of nature, it's very tempting to take the leap of faith from science into religion. | am sure many physicists want to. ! only wish they would admit it.” - Tony Rothman, Physicist "find it quite improbable that such order came out of chaos. There has to be some organizing principle. God to me is a mystery but is the explanation for the miracle of existence, why there Is something instead of nothing.” - Alan Sandage, astronomer Chapter Il Mercantile law 226 www.lexparetonotes.zdiaz.com 017 EDITION Vital few... trivial many “/o Aight reserved 2017 This publication nay not be reproduced in ary part or in ary form without permission from the authors {Dias * Ouano Mateumoto* Baril * Fernandez“ Dayanan* De Guia* vow Jexparetonctes.2diaz.com SOLI DEO GLORIA - F COR. 10:31 CRIMINAL LAWLex Paroto Notes - 2017 Eaton Vole CHAPTER Ill - CRIMINAL LAW |- INTRODUCTION TO BAR EXAMS FOR CRIMINAL LAW For Freshmen students: Fast facts «+ Master the first 20 articles of the Revised Penal Code and Article 48, These hold the key to understanding criminal lan. + Read the commentaries; do not rely on the cadal provisions. + tis futle to go ahead with Criminal Law Book 2 if you do not understand Book 1 + Do not worry about the details about the pendities for each crime. They are rarely asked in the bar exams, besides you cant memorize them all. An understanding of the basic principles on penalties will suffice, For the breeze through student * Fast facts + Read the commentaries again. There is no substitute for this one. ‘A commentary runs from 1000 to 2000 pages. If you can finish 10 pages per hour, and provided further that you will study 3 hours @ day, you can finish it within 2 montis (Just enough forthe eximinal law review mock bar, or if you start during summer, just enough fo get your senior semester year stating) «You cannot rely on the Criminal law review discussion alone. The professor will not discuss the ‘Nily-gitty” details of each article (The only thing you can co when you are siting in that class room trying to make sense on what's the cifference between a continued crime and a transitory crime is wish that you should have spent aT Chapter it~ Criminal lavLex Pareto Notes - 2017 Edition Yolurne ill more time reading rather than playing poltics, minding other people's business or chatting and pretending that you "know it al") + If you have no time to read the commentaries ask somebody to explain key concepts to you. But again there is no substitute to reading the commentaries again 2 + Read Bar exam questions and their suggested answers. * Enroll for eatly. review in November. This wil re-enforce the concepts that you have just learned in your “criminal law review.” {It suppose o be.a review; but for some is art view") For Bar examinees: Please take note of the coverage of this year’s bar exam. There ‘could be some spevial laws that will be added to the regular coverage, while there are others that will not be included. Check out the Supreme Court website (ntipywrw.supremecourt gov.ph) concerning this matter or et information from your law college. LEX PARETO NOTES © - 2017 Edition Vital few... trivial many *%o Allrghts reserved 2017 ‘Thi pubicaion may not bem produced in ay pat cr In anyform without pemnission from the authors By: Diaz" Quano* Matsumoto * Barto * Fernandez * Dayanan’ De Guia * Uy ‘wa lexparetonctes.zdiaz.com Soli Deo Gloria - 1 Cor. 10:31 Chapter lil — Criminal law 2 Lex Pareto Notes - 2017 Edition - Vola Ht SOURCES OF CRIMINAL LAW. QUESTIONS FORTHE 23 YEARS, 1920 - 2015 (Excluding the 2011 and 2012 MCQ) Majority of the questions asked in Criminal law are taken from the Revised Penal Code. Some important questions are also taken from special laws and other statutes. Others include questions on doctrines and different sources of law like remedial law, | ‘Special penal laws and other statutes, 21% i | ap Revised | t | Penal Code, | wes ee GENERAL OBSERVATIONS ON QUESTIONS & APPLICATION OF THE PARETO PRINCIPLE ON THE REVISED PENAL CODE AS A ‘WHOLE FOR THE PAST 25 YEARS: 11) The Revised Penal Code has a total of 367 articles 2.) Out of 367 atticles a total of 138 artisles wore asked (about 38%). 2) The 138 articles that were the sources of bar questions for the past 25 yeare were asked for a total of 671 times. Chepier It Criminal law 28Lex Pareto Notes - 2017 Edition Volume fil GENERAL OBSERVATIONS & APPLICATION Of PRINCIPLE ON QUESTIONS TAKEN FROM THE REVSED PENAL CODE BOOK 4 FOR THE PAST 23 YEARS: (Graph 2) = 1.) Book 1 has 113 articles, of which onh ; y 38 aril ed (34% 2) These 38 tles were ase 27 ines. ae .) Out of 271 times about 16 aricles were asked 214 ims (79%) 5.) The mas asked ate was on cml Elly alowed by jatyng Gearstenoes, agravetng rastence consatey, compe cries ‘sO on. , MAG tdatena8- Corps) MEM A Ab-Core tay povenia Sine For the complete list: See VITAL 20 * (Notice the consistency of the Pareto principle in these observaticins) Chapter i - Criminal law 230 et7Edition tr Lex Pareto Notes GENERAL OBSERVATIONS & APPLICATION _OF_THE_PARETO INCIPLE ON QUESTIONS TAKEN FROM THE REVISED PENAL CODE BOOK 2 FOR THE PAST 23 YEARS: [Graph 3) 4.) Book 2 has a total of 253 articles of which only 98 were asked (about 38%) 2.) These 98 articles were asked 400 times. 3.) Out of the 400 times these articles were asked 312 (78%) were taken from only 44 articles 4) The most asked crime was on Estafa, folowed by murder, robbery, homicide and so on. Fa ctl 2 8 0 MMS Feat AL B-Macer AL2H-Rebtey AA. 28 Heine sh het For the complete list: See VITAL 20 GRAPH 3 GENERAL OBSERVATIONS ON QUESTIONS TAKEN FROM SPECIAL PENAL LAWS AAs seen from Graph 1, Special penal laws comprise 24% of all te questions asked for the past 25 years, However take rote that the every Year the Supreme Court issues an crder as to which special ews will Constitute the scope ofthe bar exams, See the vital 20 percent as to which special penal laws are frequently asked Simin kaw 231 ‘Chapteric Volume it! Lex Pareto Notes - 2017 Edition Volume tt) Lex Pareto Notes - 2017 Edition. | ‘Ark 90 PRESCRIPTION 6 H=VITAL 20 ‘Ar.62 EFFECT OF THE ATTENDANCE OF |5 Most asked Articles sorted from Highest to lowest (1990 - 2015 bar | MITIGATING OR AGGRAVATING | exams, excluding 2011 and 2012 MCQ) \ | CIRCUMSTANCES AND OF HABITUAL ° | DELINQUENCY | About 126" articles in the Revised Penal Code and cose to 40 | «| -q-ggT PENALTY TO BE IMPOSED UPON A|5 special penal laws and other laws were the sources of Bar exam | PERSON UNDER EIGHTEEN YEARS OF questions for the past 23 years. It has been also been observed that | AGE sometimes the exarniners take questions from criminal procedure, henoe | "Are 33|SUSPENSION OF THE EXECUTION OF|5 a good knowledge of criminal procedure is indispensable. The folowing THE DEATH SENTENCE* are the vital "20%" where atfention should de given. ‘Tr.31 | PERIOD OF PRESCRIPTION: 5 ‘Art. 18 | ACCOMPLICES 4 REVISED PENAL CODE BOOK 4 | Ar.20 ACCESSORIES EXEMPTED FROM|3 DOCTRINE, Net ines _GRIMINAL LIABILITY | | Aad | CRIMINAL LIABILTY 5 AACAT|IN WHAT CASES THE DEATH PENALTY 4 Art, | JUSTIFYING CIRCUMSTANCES 20 te | A 7659, Sec. os ae ait ee 10 x + | Art 70 | SUCCESSIVE SERVICE OF SENTENCE | 4 COMMIT FELONY [Art 18 | ALTERNATIVE CIRCUMSTANCES. 3 Art.48_{ COMPLEX CRIMES a Ari. 79_| SUSPENSION OF THE EXECUTION AND | 5 Art. 13_ | MITIGATING CIRCUMSTANCES 15 "| SERVICE OF THE PENALTIES IN CASE Art. 3_| DEFINITIONS [13 OF INSANITY | | ‘Art. 12 | CIRCUMSTANCES WHICH EXEMPT) 17 Are 3) | PERIOD OF PREVENTWE 2 FROM CRIMINAL LIABILITY ze IMPRISONMENT DEDUCTED FROM Art.17_| PRINCIPALS: 14 | | TERM OF IMPRISONMENT is Art. 89 | CRIMINAL LIABILITY - Extinguishment | 17 ] |" Art. 39_| SUBSIDIARY PENALTY 2 Art.2-_| APPLICATION OF ITS PROVISIONS 8 Art. 100 | CIVIL LIABILITY OF A PERSON GUILTY |2 ‘Art. 19 | Accessories are those who; (Requisites) |8 OF FELONY. ‘Art | CONSUMMATED, FRUSTRATED, AND|7 ‘Art. 142 _| INCITING TO SEDITION _ z ATTEMPTED FELONIES | PECUNIARY LIABILITIES; ORDER OF | 1 ‘Art.64 [RULES FOR THE APPLICATION OF |7 __| PAYMENT: me PENALTIES WHICH CONTAIN THREE PARDON?" COMMETATION OF (1 PERIODS. L SENTENCE 7 |“Art.36 | PARDON; ITS EFFECT 6 Art.63_ [RULES FOR THE APPLICATION OF | Chapter Ill Criminal law Bl Chapter it~ Criminat lawVoiume tI) Lex Pereto Notes - 2017 Edition Volume it Lex Pareto Noles = 2017 Editon INDIVISIBLE PENALTIES 1348 | COMMITTED. ‘Art. 69 | PENALTY TO BE IMPOSED WHEN THE | 1 1348, CRIME COMMITTED IS NOT WHOLLY ‘Ar. | DIRECT ASSAULT 9 EXCUSABLE 148_| =: |_ Art. 87_| DESTIERRO 1 PARRICIDE ‘Art401_. | RULES REGARDING CIVIL LIABILITY IN|1 (i 4 CERTAIN CASES, ‘QUALIFIED THEFT Art 103 SUBSIDIARY CIVIL LIABIL 7 = PERSONS. yee TFALSFIGATION BY PUBLIC OFFICER, |7 ‘Art.105._| RESTITUTION; HOW MADE. 4 EMPLOYEE OR NOTARY OR ECCLESIASTIC MINISTER REVISED PENAL CODE —BOOK 2 | ¥e. of times | “Art [DIRECT BRIBERY fz Segre age ee ae al 210 _| Art,” [ESTAFA 2 ‘Art |DEATH OR PHYSICAL INJURIES |7 ats | 247 |INFLICTED UNDER EXCEPTIONAL. ‘Art. | MURDER 2 CIRCUMSTANCES i ‘Art. [LIGHT COERCIONS z ‘Art. [ROBBERY WITH VIOLENCE AGAINST OR [20 27 | 284 _| INTIMIDATION OF PERSONS: ‘Art. | DELIVERY OF PRISONER FROM JAIL 6 ‘Ar. | HOMICIDE 7 156" | == 288) Art, | ROBBERY 8 ‘Art. | WHO ARE LIABLE FOR THEFT 6 | 293 a ‘Ar. PERSONS EXEMPT FROM CRIMINAL |& Art. | FALSIFICATION BY PRIVATE INDIVIDUAL | 11 |_332_| LABILITY - _ 172_| ANDUSE OF FALSIFIED DOCUMENTS /~ Ar. [BIGAMY ‘art. |MALVERSATION OF, PUBLIC FUNDS OR |11 | 349 | 217 |PROPERTY; PRESUMPTION OF Tare ]UBEL | MALVERSATION 353 ‘Art| RAPE: WHEN AND HOW COMMITTED m1 ‘Art. | INDIRECT BRIBERY 5 266-4 an_| Hse ‘Art. KIDNAPPING ~& SERIOUS ILLEGAL | 17 Art. | QUALIFIED TRESPASS TO DWELLING 5 267_| DETENTION ene 280 ~ | Art. |IMPRUDENCE AND NEGLIGENCE 0 ‘Art. |b) 2 type of robbery with force upon |5 365 299 _| things: _| (Tar [REBELLION OR INSURRECTION; HOW [9 [Tar ARBITRARY DETENTION ee Chapter i= Criminal aw 234 25 Chapter il! ~ inal law¥ Let Pareto Notes = 2017 Eaten Wola [ox Pareio Notes 2047 Eaton owen 124. 334 Sana ees ee, Art. [COUP DETAT; HOW CONMITTED (See |4 ‘Ar. | ACTS OF LASCIVIOUSNESS 3 | 4134-A_| table in Art. 134) 336 Art. | PERSONS IN AUTHORITY AND AGENTS OF | 4 Art. | Libelean be committed by means of: 3 182 | PERSONS IN AUTHORITY; WHO SHALL BE ee DEEMED AS SUCH. [Ar ORAL DEFAMATION AND CRIMINAL | 3 ‘Art | EVASION OF SERVICE OF SENTENCE _|4 368 _| CONVERSATION AST a ‘Art. | QUALIFIED PIRACY 2 ‘Art. -| FALSE TESTIMONY IN OTHER CASES AND [4 123 183_| PERJURY IN SOLEMN AFFIRMATION (an. [VIOLATION OF DOMICILE 2 ‘Art. | CORRUPTION OF PUBLIC OFFICIALS a | 428 =| 242 Art| RESISTANCE AND DISOBEDIENCE TO A|2 | ‘Art, [CONNIVING WITH OR CONSENTING TO |4 151 | PERSON IN AUTHORITY OR THE AGENTS | 223 | EVASION OF SUCH PERSON. ‘Art. | SERIOUS PHYSICAL INJURIES* a Tit {ILLEGAL POSSESSION AND USE OF |? 263 168 | FALSE TREASURY OR BANK NOTES AND Ait | LESS SERIOUS PHYSICAL DUURIES 4 OTHER INSTRUMENTS OF CREDIT z 8. ar. | Art. | DESTRUCTIVE ARSON 7 169 320 |Art. | FALSE TESTIMONY IN CIVIL CASES 2 ‘Art, | WHO ARE GUILTY OF ADULTERY q | 192_| | 333 [art [IMMORAL DOCTRINES, OBSCENE ‘Art. | GRAVE SCANDAL 3 201 | PUBLICATIONS AND EXHIBITIONS AND 200 ae INDECENT SHOWS ‘Art. |PROSECUTION OF _OFFENSES;|3 | Ant | QUALIFIED BRIBERY 2 _208_| NEGLIGENCE AND TOLERANCE | 214-8 es ss + ‘Art, | ILLEGAL USE OF PUBLIC FUNDS z | Ar. [DEATH CAUSED IN A TUMULTUOUS 2 | 220 251_| AFFRAY ‘Art. [SLIGHT PHYSICAL INJURIES AND) 3 ‘Art. | INFANTICIDE 2 266__| MALTREATMENT 255 | — 4 ‘Art. | RAPE WITH HOMICIDE 3 | Art. | UNINTENTIONAL ABORTION 266-5 257_| — Art. | GRAVE COERCIONS 3 ‘Art. SLIGHT ILLEGAL DETENTION 2 286, 268 ST 11.7; ‘Art. | CONCUBINAGE [3 , | EXPLOITATION OF CHILD LABOR. Chapter Iil— Criminal law 8 Chapter Iil- Criminal favrLex Pareto Notes - 2017 Edition Vole it Ley Pareto Notes - 2017 Ecition - Vowme Eas [18 TDEFENDANTS: ‘Art. [OCCUPATION OF REAL PROPERTY OR|2 ‘Art. | WHO ARE PUBLIC OFFICERS T 312 |USURPATION OF REAL RIGHTS IN |_203 | TT | PROPERTY (Tart. UNJUST INTERLOCUTORY ORDER i Ar. ILLEGAL MARRIAGE | é | a Art. EVASION THROUGH NEGLIGENCE ‘Art.4 | RECLUSION PERPETUA AND RECLUSION 224 TEMPORAL - THEIR ACCESSORY ‘Art. | REMOVAL, CONCEALMENT OR 1 PENALTIES 226 _| DESTRUCTION OF DOCUMENTS | ‘Art $3 | COMPUTATION OF THE PRESCRIPTION OF | 1 ‘Art. | MALTREATMENT OF PRISONERS 7 PENALTIES el ‘Art. [CONSPIRACY AND PROPOSAL 10/1 DEATH OR PHYSICAL —_ INJURIES | 1 145. | COMMIT TREASON INFLICTED UNDER EXCEPTIONAL “Art. | MISPRISION OF TREASON 7 CIRCUMSTANCES 118 GIVING ASSISTANCE TO SUICIDE 7 | Art. | PIRACY IN GENERAL AND MUTINY ON THE | T | se td tee HIGH SEAS OR IN PHILIPPINE SEAS _| |r | EFFECT OF PARDON 1 “Art| DELAY IN THE DELIVERY OF DETAINED 7 = 128 |PERSONS TO THE PROPER JUDICIAL Art, _| KIDNAPPING AND FAILURE TO RETURN A AUTHORITIES se MINOR = ‘Art. | PENALTY FOR REBELLION, | 1 ~~ SERVICES RENDERED UNDER 1 435_| INSURRECTION OR COUP D'ETAT COMPULSION IN PAYMENT OF DEBT = ‘Art. [CONSPIRACY AND PROPOSAL TO|1 DEFINITION OF A BAND 1 436 | COMMIT COUP D'ETAT, REBELLION OR ___| INSURRECTION ae ‘TEXECUTION OF DEEDS BY MEANS OF |7 ‘Art,_| SEDITION; HOW COMMITTED qf VIOLENCE OR INTIMIDATION an 138 | POSSESSION OF PICKLOCKS OR SIMILAR | 1 ‘Art. _| CONSPIRACY TO SEDITION [7 TOOLS 141 | WHO ARE BRIGANDS 1 ‘Art. [COMMISSION OF ANOTHER CRIME) 1 pe Da ict el 460 | DURING SERVICE OF PENALTY IMPOSED ‘Art. [OTHER FORMS OF SWINDLING 7 FOR ANOTHER OFFENSE; PENALTY. 16 | ean ‘Art [USURPATION OF AUTHORITY OR 7 [Tan | OTHER DECEITS 7 177_| OFFICIAL FUNCTIONS oon 348 aaa al Art| FALSE TESTIMONY FAVORABLE TO THE | 1 3 (rt 397 | QUALIFIED SEDUCTION 7 | Fz Chapter I~ Criminal lew ae Chapter Il Criminal law : =Lex Pareto Notes - 2017 Edition Volume Ii! Lex Parefo Notes - 2017 Edition —Yolume I ‘Art [CONSENTED ABDUCTION 1 RA. [AN ACT DEFINING VIOLENCE AGAINST|5~— 343. 9762 |WOMEN AND THEIR CHILDREN, | ‘Art. [PROSECUTION OF THE CRIMES OF|7 PROVIDING FOR PROTECTIVE MEASURES | 344 | ADULTERY, CONCUBINAGE, SEDUCTION, FOR VICTIMS, PRESCRIBING PENALTIES ABDUCTION, RAPE AND ACTS OF THEREFORE, AND FOR OTHER LASCIVIOUSNESS. PURPOSES ‘Art [SIMULATION OF BIRTHS, SUBSTITUTION | RA [AN ACT DEFINING THE CRIME OF MONEY | 4 347 |OF ONE CHILD FOR ANOTHER AND 9160 |LAUNDERING, PROVIDING PENALTIES CONCEALMENT OR ABANDONMENT OF A THEREFOR AND FOR OTHER PURPOSES LEGITIMATE CHILD ‘Art| SLANDER BY DEED 7 RA [ANTI-CARNAPPING LAW 3 359 6539 B,) Questions faken for SPECIAL PENAL LAWS: RA | ANTFRAPELAW 3 | | 8353 2 4 a.) REPUBLIC ACTS \ RA | ANTI-PLUNDER LAW 3 (Arranged accoraing to the number of times asked irom highest to lowest) F | Fogo __| ts Amensey Rept ei 78 he ea er La a SE wii | [RA [ANTHHAZNG LAW 2 LAWTITLE ime 8049 —_ asted re JRA | ACT DECLARING FORFEITURE OF ILL- 2 Re COR REET DANGEROUS DRUGS 22 4379 | GOTTEN WEALTH OF PUBLIC OFFICERS | | RA INDETERMINATE SENTENCE LAW o __|OREMPLOYEE __ __| 4103 | Armas a 8 nc tt. ow RATE) AN ACT FURTHER DEFINING | THE |2 JURISDICTION OF THE SANDIGANBAYAN | RA |ANTLGRAFTAND CORRUPT PRACTICES | 15 ic 3019 |e ANTEWIRE TAPPING z RA> [CHILD ABUSE 8 z 7640 RA | RIGHTS OF PERSON ARRESTED, 7 RA | HEINOUS CRIMES 5 7438 | DETAINED OR UNDER CUSTODIAL eg INVESTIGATION AND DUTIES OF THE R.A | ILLEGAL POSSESSION OF FIREARMS 5 8294 Chapter ill Criminal law 240 ARRESTING, DETAINING AND | INVESTIGATING OFFICERS AND | PROVIDING PENALTIES FOR VIOLATIONS | THEREOF ‘Chepler Ill = Criminal law wiVolurme til Lex Pareto Notes - 2017 Ealton Volume i Lex Pareto Notes - 2017 Eaton = RA AN ACT ESTABLISHING FAMILY COURTS, | 7 .) PRESIDENTIAL DECREES 8369 | GRANTING THEM EXCLUSIVE ORIGINAL | JURISDICTION OVER CHILD AND FAMILY LAWTITLE eel one CASES, (Promulgated: 1997) a —_—F RA |ANACT REGULATING THE ISSUANCE AND | 1 | is aa a 8484 | USE OF ACCESS DEVICES, PROHIBITING 968__| {As amended by P-D 1990, P.D 1267) FRAUDULENT ACTS | COMMITTED ia. [AMEE te RELATIVE. THERETO, _PROVIDI 4 — Ra Eau EER Dn .D. | SUSPENSION OF SENTENCE /P.D 603 Tt RA. [AN ACT INCREASING THE PENALTIES | 7 BY") GED EN OUI WEE PARE.CODE) GSS 9287 |FOR ILLEGAL NUMBERS GAMES, ABLE FOR PUBLIC] AMENDING CERTAIN. PROVIBONS | OF \s earns no buPLovEEs TO RECEVE, PRESIDENTIAL DECREE "NO:. 1602, “AND | AND FOR PRIVATE PERSONS TO GIVE, | ic, FOR OTHER PURPOSES | GIFTS ON ANY OCCASION, INCLUDING RAS "| ANTI-HIGHJACKING LAW’ 1 | CHRISTMAS 82985 L AS a 2 PD [ANTI-PIRACY AND ANTI-HIGHWAY 3 RA, [ANT-SUBVERSION ACT 7 532_ [ROBBERY LAWOF 1874 i 7636 | P.D, | FISHERIES DEGREE OF 1976 7 RA. _ [ANTSTRAFFICKING IN PERSONS ACT OF 1 | 708 ae | 9208 | 2003 'P.D,_| NEW ARSON LAW 1 RA.75 |AN ACT TO PENALIZE ACTS WHICH |1 7 | 1613 ee ‘WOULD IMPAIR THE PROPER PD. INCREASING THE PENALTY FOR CERTAIN | { OBSERVANCE BY THE REPUBLIC AND 4698 _| FORMS OF SWINDLING OR ESTAFA INHABITANTS OF THE PHILIPPINES OF PD. |PENALZING OBSTRUCTION OF THE INMUNITIES, RIGHT, AND PRIVILEGES 1828 | APPREHENSION AND PROSECUTION OF OF DULY ACCREDITED FOREIGN CRIMINAL OFFENDERS. o DIPLOMATIC AND CONSULAR. AGENTS IN oe THE PHILIPPINES ¢.) OTHER LAWS RA, [ANTITORTURE ACT 2009 qi tenes 9745 , TAWTITLE To. of fines [BP 22_|BP 22 "Bouncing Checks Law” ___ {10 | THE 1987 CONSTITUTION ose tie Reeth 242 Chapter l= Criminal faw OO 243 Chapter lil - Criminal lawbf Volume It Lex Pareto Notes - 2017 Editon Volume fil Lex Pareto Notes - 2017 Edition = = Tabor ILLEGAL RECRUITMENT 2 IlL- FREQUENTLY ASKED ARTICLES IN THE BAR EXAMS code | (Sec 38b as amended by PD2018) Together with commonly known doctrines that could be the Family | ARTICLE 40 7 basis for their answers [Code > BP. |"ANACT AMENDING ARTICLE 162 OF THE | 7 ‘A.) = Questions taken from the REVISED PENAL CODE 873 | REVISED PENAL CODE BY CONSIDERING LAWYERS AS PERSONS IN AUTHORITY REVISED PENAL CODE BOOK 1 WHEN INTHE PERFORMANCE OF THEIR | DOCTRINE Near DUTIES OR ON THE OCCASION THEREOF” a PRELIMINARY TITLE C.) OTHER SOURCES (In Alphebetical order) DATE OF EFFECTIVENESS AND APPLICATION ‘QUESTIONS THAT SHOULD HAVE BEEN ASKED INS OF THE PROVISIONS OF THIS CODE. REMEDIAL LAW BUT ASKED IN CRIMINAL LAW “art [APPLICATION OF ITS PROVISIONS EXAM, 1% RECLUSION PERPETUA & LIFE IMPRISONMENT. os _ PENAL LAWS ARE ENFORCABLE ONLY x | MEMORANDUM CHECK 5 WITHIN PHILIPPINE TERRITORY xi ‘SCHOOLS OF THOUGHT or theories in Criminal aw | 2 | ut CONTINUED CRIMES (Oelifo Continuado) and | 2 | Me | CONTINUOUS CRIME | Me ‘ALIAS i | EXCEPTION ‘AUTOMATIC WEAPONS: 1 CHARACTERISTICS OF CRIMINAL LAW T 4. Should commit an offense while on 2 1 Human rights and criminal law 1 Phiippine ship or arship * RECIDIVISM & QUASI-RECIDIVISHL 1 | | Snould forge 0° counefet any coin. o LEX PARETO NOTES ° - 2047 Edition currency note of the Philippine Islands of | Vital few... tal mary %op | [obligations and secures issued by the in boaaiasccrnit | Government of the Philippine istands; ‘Wapakoneta ater Ca caasticiaasa mae 3, Should be liable for acts connected with the "cnn rtf" PSP Uy introduetion into these istands of the obligations | venient cs and securities mentioned in the preceding | Soli Doo Gloria — 1 Cor. 10: || number; ! = 245 Chapter I! Criminal law 244 Chapter Il — Criminal law¥ Lex Pareto Notes - 2017 Exltion Volum il Lex Pareto Notes - 2017 Edition Volume il | ‘ons | criminal intent intent is NOT @ 4. Whilé being public officers or employees, | isadefense | defense should commit an-offense in’ the exercise of Criminal | - Criminal liability their functions; or | labilty incurred in | | incurred in | consummated 5, Should commit any of the crimes against | | atiempted, —_| stage only. | national security and the law of nations, defined | frustrated “and | in Tile One of Book Two of his Code. | consummated stages * Chime committed onboard a ship in high = Mitigating | Mitigating - and ‘seas that is owed. by a Filipino but it | and | aggravating not ‘was registered in Panama, cannot be | ‘Aggravating | applicable ‘ried inthe Philippines but in Panama, circumstances | UNLESS special applicable law adopted Under the English Rule, crimes perpetrated | 2018. | Xt scheme or scale are, in general, triable in the courts of the of penalties under country within” the territory they ~ were aL RED: committed. | TITLE ONE | — A FELONIES AND CIRCUMSTANCES INTENT MOTIVE | Ka WHICH AFFECT CRIMINAL LIABILITY Purpose for using a| The moving power that be Ar. | DEFINITIONS || patticular means to | impels a person to act: 4 z | achieve a desired | for a definte result MALAINSE WALA 2015 [iA | | [result PROHIBITA || 2010 | 1 ‘An sngredient of |Not considered as an In Acts: or | Acts are |) 2005 | 15 dolo or malice, thus | element of the crime, concept |omissions that | penalized noi 2003. || it is an element of| only considered when ‘are penalized | because they are || 2001 | Vib deliberate felonies. | the identity of the because they | evil or wrong but | 1999 | V.2 | offender is indoubt._| are inherently | prohibited by law |) 1997 |1 | evilor wrong | for public good | welfare or Motive is not necessary to convict the Woo interest. | acoused however, it will become ik In legal | - Good faith or|- Good faith or relevent to @ case when the identity of (meg) imoleat | lack of [lack of criminal | the offencer is in doubt or when the act 246 247 Chapter Ii! ~ Criminal law * Chapter I Criminal lawLox Paroto Notes - 2017 Etition _Volume il committed gives rise to variant erimes and there is a need to determine which | crime should be properly imputed to the | offender | A crime may be committed without| 1998 | Hd criminal intent in the following instances: a) If such is 2 culpable felony b) In crimes that are malum prohibitum, ~The following instances wherein motive | 2003 |1 is not essential or required to justty conviction of an accused: (Not a comprehensive lst) 1.) When there is a witness positively identifying the eecused; 2) In commission of crimes mala prohibits in nature; 3,) In crimes committed through reckless | imprudence. ‘Ae. | CRIMINAL LIABILITY 2015 IA * 2014 | vill Criminal lability is incurred by: 2009 | Vv-b = Any person commiting felony - 2004 | ILA = Although the wrongiul act done be| 2001 |! diferent from that which he,intended. | 2001. | II ~ The act done must be theedirect, natural] 1909 | IL and logical consequence of the| 1999. | V-b offender's felonious act (Art. 4-Par t) | 1997 | I 1996 | IV-a 1996 | 1X 1904 |v Note: A ciiminal thought or a mere intention, | 2008. | V-a 2B Chapter Il = Criminal law | )The act performed should not constitute a Chapter “no matter how immoral or improper it may be, will never constitute to 2 felony. (People vs, Arpa, 27 SCRA 1037) (People vs. Valdez 47 Phil 497) (U.S Valdez, 41 Phil, 497) (People vs. Pugay et al, G.R No. 74924, Nov, 1988) IMPOSSIBLE CRIME 2018 2014 ‘An impossible crime is committed by any| 2009 person: 2003 2004 2000 4.) Who performs an act that would be an 1998 offense agaisi person or property, * 2000 2yThat its accomplishment is inherently | 1983 impossible or the meens employed is either inadequate or ineffectual. violation of another provision in the Revised Penal Code, 4,)The act must be done with evil intent. = An impossible crime is really not a crime. | 2000 However, it gives rise to criminal liability, but ) actualy no felony is committed. The accused is just punished for his criminal propensity ‘An impossible ciime is not charged if the act | committed would constiluie any other crime) under the Revised Penal Code | {Of special mention in imgossible crime is the | = Criminal few XXIB XbA | va | vib | xVIka ixivet XVIkd Xil-b Xvil-bad 2017 Edition 7 Volume ii Lex Pareto Notes - 2047 Edition = Volume tI — ae ] ‘case of Inlod vs. Court of Appeals 215 SCRA [mistake in enki resuled fo cine dferert | 52) ‘the offender otignally intended to it, In this case the crime with the lesser * There is no impossible crime to commit | penalty (between the intended crime in y kidnapping since, kidnapping is a crime against | crime committed) will be the basis of personal security not of persons or property. | | penatty, imposed in its maximum period ‘Modified concept of an impossible crime | 1804 X. ERROR IN PERSONAE and MISTAKE OF | 2003 I! i : j FACT The prevailing view was that the provisions of | 2 : | the Revised Penal Code on impessible crime | - Emr in personce does net extinguish criminal would only apply ifthe wrongful act done could labitty. not have, consttuted: another felony. However (People vs. Oannis, People vs. De) In the cas@vof intod vs. CA, the wrongful acts | Femando) ‘done causéd the destruction of the house of | won | the intended victim. This constitutes dnother - Mistake of fact however, absolves @ per | crimé punishable under the Reviéed Penal | | from criminal liability. (U.S vs. Ah Chong) | | Code. The Supeme Court's ruling has to be | ‘ | | accorded respect with regards to this matter. PRAETER INTENTIONEM = - “The consequence: went beyond than _what_is ABERRATIO ICTUS — “Mistake in the blow’ -] 2015 1-8, intended’ ~ This ocours when there sa eget This occurs when the offender delivers a biow| 2018 | X-B digparty_between_the_means_emoioyi at his intended victim but missed and instead | 1899 | VI producing the felony ‘rom the resulting {elo f such blow. landed on an unintended: victim. | 1896. | Ila in ciher words, the resutirg felony cau not Generaly ‘this brings about the first type of| 1964 1-1 have deen foreseen by ae ae ‘complex crime, known as a compound crime. | 1993 Xil-a considering the means employed by a = (A single act producing two or more grave or | | is considered as @ mitigating ciroumstanc | less grave felonies) | | under Ar43, Par. | ; | ERROR'IN PERSONAE - “Misteke in identity’| 2075. | X-A | | note: Carls is liable for the natural and logical | 2008, | I-2 = This occurs when the offender thought that | [consequence of his aes, although the iin he actually hit his intended victim, but it turned | that resuls is different from that which he) cut that the person nit was another person. The | intended. | | criminal liability is stil the same, reaardless of | the identity of the victim_uniess of co. the — Bi Chapter it~ Criminal law 250 Chapter Ii Criminal ewT LaxPe = ee Lex Pareto Notes 201 TED, _ FRUSTRATI 1 = 6 | ATTEMPTED FELONIES Se | [—Jihere are no atleripled or fustiated stages. | | | |The Suoreme Court has also held that there coe eis zo [xa | can be no inustated rape. 4 ‘ a-| CONSPIRACY AND PROPOSAL TO COMMIT | 2012 | K-2,0 |.) Consummated ~ All the elements necessary 8 | FELONY 2005 | Vil 2003. | for the execution and accomplishment of the crime are present. * GENERAL RULE: In conspiracy, the act of one 2003 | V-a i the act of al, therefore the cime charged to | 2008 | Vi 2.) Fusirated — When the offender | i i XVI y When t performs all| 1994 | one is charged to all involved 1998 ss 1 sieeaton. AD woudl pred te 182 Ta f } 4997 |i felony as a consequence but which | 2009 | XVikc | | | EXCEPTIONS: [se v3) nevertheless, do not produce it by reasor ess, n of causes independent of the will of the perpetrator. (Mortal o fatal round) 1) If any of the co-consitator would | 1985 | Vik ‘commit a crime nat agreed upon, the | 1994 | IK-1 other co-conspitetors are not lable.) 1983 | Vk "Actual taking of personal property belonging to | 2000. | Il Th wer 8 cre eared upon md tage [xt 12 crime committed by one of the ( another with intent to gain without the later latier’s | 1998 | XVII consent consummates the crime of thet. (The a conspirators are cistnct crimes, (This | 1990 | K> $5 is a joes 12 stane te | cwoeption excludes instances where @ m of the crime of theft s if the ‘composite crime is committed) | aren has "complete control” of the thing) It i | 2) Ifa co-conspirator merely cooperated in | ] 5 terest le fender cares away | the commission of the ne ‘| | é property taken, (US vs. | insignificant or rinimel acts, such that Adiao, 38 Phil 754) | ‘even without his cooperation the crime could be carried out well, such co 3, Attemoted — When offender commences the | 2014 | Conspirator shoud be punished as commission of a felony directly by overt acts ie accomplice only. The reason for this is but does not perform all acts of execution that, penal laws always favor a milder which should produce the felony by reason of form of responsibilty upon an offender. some cause or accident other than his own (People vs. Nierra) spontaneous desistance, (No mortal or fatal wound) = Conspiracy may be express or implied. (The | 1996. | Villa latter is ascertained by the acts of the other co- | NOTE: In formal crimes such as coup c'etat| 2005 | 4 | consoirators) lan lca hei niaal Pa | *: | Chapter Il — Criminal few . Tz eee ne 255 Chapter Ill Criminal fawLox Pareto Notes - 2017 Ealton Lex Pareto Notes - 2017 Ecition ~ Volume i! Conspitacy and proposal to commit a onme itself isnot ¢ crime unless expressly provided for in the law. A-conspirafor must perform an overt act pursuant to the conspiracy in order to be liable, A. person can only be exempted from the ‘conspiracy (Unless otherwise provided as stated above) when: 1.) ‘Said person who. did not’ appear is presumed to have desisted. (Exception: If Person who appeared is the mastermind) 2) If he showed up, he tried to prevent the ‘commission of the crime. = Conspiracy cannot exist in a tree-for-al brawl or a tumultuous affray, hence each actor's only liable for his awn act (Siton vs. CA) CONSPIRACY — IMPLIED Definition: Imolied conspiracy means that two ‘or more persons partcipating inthe commission of a crime are collectively responsible and are lable as conspirators although they may not have any agreement to commitsaid crime, provided that they demonstrate a_common purpose or objective and unity of criminal | intent = Implied conspiracy can be inferted or deduced if the persons who committed the " Chapter tit = Criminal law | | common goal er objective. as exemption as stated above) implied conspiracy aime acled in concert simultaneously | indicative of the meeting of minds toward a The egal effects of implied conspiracy: (Same Note: the difference between express and EXPRESS IMPLIED CONSPIRACY CONSPIRACY. || conspired to commit | itself are not liable | the crime. (Except if it ffaie under the] Lexception) innocence. Everybody is iabie for [Those who has not as long as they {done the criminal act Nolé: Were vouching the honesty or character | lof suspecis cannot make a person @ 00: conspirator. He must enjoy the presumption of xt CHAPTER TWO. JUSTIFYING CIRCUMSTANCES FROM CRIMINAL LIABILITY. AND CIRCUMSTANCES WHICH EXEMPT ‘At | JUSTIFYING CIRCUMSTANCES w Par, 1- SELF DEFENSE rights) REQUISITES: ‘Chapter il~ Criminal lew {Includes right Yo life, honor, and property Vila 258Lex Pareto Notes - 2017 Edition Volume il Lex Paro Notes = 2047 Edition Volume Il 7) Unlawful aggression 2003 |i The act 8] The act is wrongful but 2) Reasonable necessity of the means|2002 | XV-A considered to be the actor is not liable ‘employed to prevent or repel it. 1996 | Via || done within. the | because of the lack of 3,) Lack of suffiient® provocation on the part of 1293. | XA | \\bounds of the taw, it| the element __of the person defending himself 1990 | V-a Fs therefore | voluntariness a 1990 [IVb legitimate and lawful Sufficient _means it must be adequate in the eyes of the (proportionate) and it must be immediate law No criminal end | No criminal Fabilty but «Self Defense can only be availed of if there is| 2013 | IV gereraly no civil cil ably isinourred an “ACTUAL” physical assault upon 4 person (meq) tabity incurred | and that the danger is “IMMINENT.” Where | 2004 | II-A there is no peril to one’s Fife, imb, or righ, there | 1993. | X-B Par. 2~ DEFENSE OF RELATIVES is no lawful aggression. Without_unlawful (No direct bar question on this subject) ‘agaression, self defense will be reduced toa mitigating circumstances _(incomplet> self Par,3- DEFENSE OF STRANGER: 2000 | Vka defense) | - A married woman cannot claim ‘defense of| 2000. | i Regis honor’ in a casa where she was alteady asleep | 1908 | XV 4) There must bean unl aggression when she felt that a man was already on top of | 2) Reasonable necessity of the means het. She did not mind, thinking that it was her |” employed fo prevent or repeat husband, After the sexual ac, she realized that 3) The person devending isnot induced by the man was.not her husbiand so she killed the revenge, resentment of other evi said man, Defense of honor here cannot apply WORE because the unlawful aggression has already | ceased. She will however be entitled to the Par. 4 - AVOIDANCE OF A GREATER EVIL | 1990 | II-b ritigeting circumstance of vindication of @ OR INJURY (Siate of Necessity)" | grave offense. (Art 13, Par. 5) *Note: Necessity must not be caused by the Differentiate Justifying and Exemyfting | 2002 | XV-8 person evaling of such ‘circumstances [JUSTIFYING “EXEMPTING Requlsites: Affects the act not [Affects the actor not the actor__| the act 11) That the evil sought to be avoided actually 8 7 Chapter Il Criminal aw * Chapter il ~ Criminal lew_Yolume it Lex Pareto Notes - 2017 Edition exists; ] Par 2A person under nine years of age 1998 2.) That the injury feared be greater than that | | | done to avoid it; Par. 3-A minor over nine years old but under | 2000 |1V-a | 3) That there be no other practical and less | 16 acting without discernment is exempt from | harmful means of preventing t. criminal Fabilty® | |- ‘There’ is no civil liabiliy in this case i | |+(vote : With the effectivity of R.A. No. 9344 | 2073 Il EXCEPTION: When there is another person fara otherwise known as the “Juvanile Justice (mca) that benefited. ‘and Welfare Act of 2006", it is thoroby | mandated that cases of children 15 years = Euthanasia is not @ justifying circumstarice | 1990 | Illa ‘old and bolovr at the time of the commission unider Philippine laws. of the crime shall immediately be dismissed and the child shall be referred to the | ~ When the accused was not avoiding any evil, 2004 | X-3 appropriate social welfare and development he cannot invoke the justifying circumstance | 1998. IV-t officer, This provision has in effect | of avoidance of a greater evil or injury. amended par. 3 of Art. 12 of the RP.C.| | |Ghildren agec 15 years and below are now | Par, § - FULFILLMENT OF A DUTY OR THE considered children below the age of | LAWFUL EXERCISE OF-AN OFFICE OR A | criminal responsibility.) RIGHT: | | Par. 4 - Any person who, while performing a | 1982 | Iho Requisites | lawful act with due care, causes an injury by | 2008 | Hb mere accident without fault or intention of 1.) That the accused acted in performance causing | of a duty or in the lawful exercise of a ight or office. Par. 7 - Any person who fails to perform an act} 1994 | XIV 2) That the injury caused or the offense required by law, when prevented by some committed is unavoidable or is the lawful insuperable cause necessaty consequence of the due performancé of duly or the lawful (A good example of Par. 7 is when a priest fails | ‘exercise of said right or office. (People | to report @ treason for the reason that it violates | vs. Oanis et al, 74 Phil 267) | the sanctity and inviolabilty of a confession) | Tt. | CIRCUMSTANCES. WHICH EXEMPT FROM ‘2 | CRIMINAL LIABILITY Differentiating Justifying and exempting | 2004 |X-3 | | | eteumstanes Spee) Chapter Il Criminal law 258 ‘Chapier lil Criminal law 259Lex Pareto Notes - 2017 Edition Volume it Lox Pareto Notes: ] “Note: The provocation must be adequate and ENTRAPMENT INSTIGATION immediate 7) Criminal design | Idea and design tol 2014 | XXVB originates ffom and | commit the crime | 2002 | Vil is already in mind of | originates and. is) 1995. | K-1 law breaker even | developed by the mind | 1995. | IX-2 Par §- That the act was committed in the | 2002] AVA immediate’ vindication of a grave offense to | 2000 | II the one committing the felony {dolito), his | 1993. | Xvlll before entrapment__| of the law enforcers 1990 | XIV-a spouse, ascendants, descendants, brothers | 2) Law. enforcers {Law enforcer induces and sisters or relatives by affinity within the | same degrees. use ways & mears | person who is not to ‘catch the law| minded to commit a breaker in fiagrante | crime, and would not | a) There must be a grave offense done to the one committing the felony, his || celicto. otherwise commit it, | into commiting the spouse, ascendant, desvendant, | crime legitimate, natural or adopted brothers of sisters or relatives by affinity in the same degree. b} The felony committed is in vindication of such grave offense | 3) IS rot a bar to | Circumstances absolve prosecution and | accused from criminal | conviction of law | fabity [breaker ‘CHAPTER THREE CIRCUMSTANCES WHICH MITIGATE = This Is whet is usually applied if the CRIMINAL LIABILITY | justifying circumstances cannot be | ‘Aa MITIGATING CIRCUMSTANCES = availed of anymore since there is no a | more aggression. Par. 1 Incomplete self def 4906 | Vi e meme eae | *Note: Immediate must be translated as 1 z 200_| Vb “proximate.” (From the Sparish Text ‘proxima’) | Lapse of time is allowed between the grave | offense and the vindication. However offender | must not regain hs equanimly. | par 6 - That of having acted upon en impulse | 2013 | tl J--~ | | |s0 powerful as naluraly to have produced (mca) Par. 3 ~ “That the offender had no intention | 2001 | It to commit so’ grave a wrong as that| 2000 |IV-b committed.” 2000 | XVI-b | Par. 4 — “That sufficient provocation* r | |threat on the part of the offended party passion or obfuscation immediately preceded the act” Chapter I Criminal aw. * 260 Chapter ll ~ Criminal law aitVestine ‘Chapter l= Criminal lew’ Lex Pareto Notes - 2017 Edition Volunre It ex Pareto Notes - 2017 Ection Par 7 -VOLUNTARY SURRENDER & PLEA] 1999 || ] | the MTC during preliminary i OF GUILTY 4907 JV | | investigation, and enters a plea of 4905 | Ile | “guity’ in the RTC can avail of this REQUISITES OF VOLUNTARY SURRENDER | 1992 | V | mitigating circumstance. Said plea is considered 2s spontaneous,” since the 1.) The surrender must be spontaneous. It plea of quit in the MTC is immaterial as must indicative of ecknowiedgment of such was made during a preliminary guitt and not conditional or for investigation only and not before a] convenience. (As to how long will ‘competent court that could render depend on the circumstances. in the judgment.” case of People vs. Ablao, 183 SCRA +(Note: ALM. No, 05-8-26-8C, which took 658, it has been ruled thet 2 years, effect on October 3, 2005, withdrew the before he voluntarily surrendered is too power to conduct —_preliminary long a time to consider the surrender investigation from judges of the first level spontaneous.) courts.) 2) it-must be voluntary. It must be-made | 1999] X-a before the government incurs expenses, Not appiicabla to plea bargaining, since | time and effort in tracking the offender suchis conditional down, 4) It must be made to a person in authority Par. 8-*That the offender is deaf and dumb, or fo an agent of a person in authority || blind or otherwise suffering some physical || defect which thus restricts his 1 REQUISITES FOR A PLEA OF GUILTY TO BE i ion, defense, or communicati MITIGATING: | fellow beings.” Nt CHAPTER FOUR 1.) Accused spontaneously pleaded guilty | 1909 | X-b CIRCUMSTANCE WHICH AGGRAVATE to the crime charged. CRIMINAL LIABILITY 2) Such plea was made before the court Tit. | AGGRAVATING CIRCUMSTANCES* competent to try the case and render 14 | (Note: There is no aggravating circumstances judgment and | by analogy. Aggravating circumstances must W-b3 3). Such plea was made prior to. the | be applied as found in tis article.) | 2009. | xvitb presentation of evidence by the | prosecution. | Par. 3 - DWELLING ~ Must be @ building-or | structure exclusively used for rest and comfort, | - An accused who pleaded “not guilty" in | | ‘A combination of a house and store is not a| 262 Chapter It - Criminal law 283Lex Pareto Notes - 2047 Eaton Vowme il —Vekene [| dweling.Tralsoinclices dependencies such as | ae oie slaircase and encosure of the house. The | SSSR seantied Benes offended party need not be a permanent | resident or a domicile of such nor is there a need that he be the owner of seid dweling This aggravating circumstance is considered even if the living or dwelling is for a temporary duration or purpose. It is also not needed that the offender should enter the dweling in order | that this aggravating circumstance can be appreciated. it is enough that the victim is | inside his house | | offense |Par. 13 ~ PREMEDITATION - There must be| 1991 | X-a a sufficient lapse of time between) 2009 | XIX determination and execution in order that the aggravating circumstance of evident pre- meditation may be appreciated. | 14_- THAT THE CRAFT, FRAUD OR| 1905 | VIl-1 DISGUISE BE EMPLOYED. Pat, 6° — NIGHTTIME - The accused must | 1997 II have deliberately avaled of night ime to insure | 1994. | IX-2 the success of his act in order that this | 2002 | XVil-b aggravating circumstance can be availed of. Craft An act done by the accused in order not to arouse the suspicion of the victim, Par, 16 - TREACHERY (ALEVIOSA) - It must be shown that the accused employed means and methods in order to ensure the execution of the act without nsking himself to the | posse defenee tat he vic might be able to make. BAND- This is appreciated when the offense is committed by four or more atmed maletactors regardless of the comparative strength of the vietim/s. UNINHABITED PLACE ~ What is considered here aside from the distance and isolation of the place is the reasonable possibilty of the victim receiving or securing aid from third | Treachery absorbs noctumnily, abuse of superior strength and. employing means. to ‘weaken the defense. persons, Par 18 ~ UNLAWFUL ENTRY - There is ). Ks q a Se ae a tev ay when rane seectd by 1.) Offender ison trial ‘or an offense 2009 | -a \way not intended for the purpose 2) Offender was previously convicted by final judgment of another crime 3,) Both the first and second offenses are Par. 20 - CRIME IS COMMITTED | 4.) WITH THI OF PERSON UNDER ‘Chapter ill ~ Criminal law 764 Chapter til — Criminal law 265‘Lex Pareio Notes - 2017 Edition Volume: Chapter il = Criminal lew Lex Pareto Notes - 2017 Ealon Volume Il 15 YEARS OF AGE “| penalty higher in degree. This cannot be | 2) BY MEANS OF MOTOR VEHICLES, offset by mitigating circumstances. It | AIRSHIP OR OTHER SIMILAR must be alleged in the information and MEANS proven during the tial Par: 24 - CRUELTY - That the wrong done in| 1994 | VIll 5.) Special aggravating circumstance — the commission of the crime be deliberately | ‘Those that are provided by a special law augmented by causing other wrong not to be aggravating. (Example: R.A 7659) necessary for its commission, (Must be inficted ‘on Living’) =A qualitying circumstance would be) 2008 | IV-b deemed an 5 TYPES OF AGGRAVATING | 1999 | IX-a ‘element of a crime when: CIRCUMSTANCES 1999 | K 1) It changes the nature of the 4) Generic Aggravating - Those that can crime, resulting to a more serious be applied to all orimes. Generic | cvime and a heavier penalty. | | mgaavating can be off set by | 2)it is essential to the crime) 1901 X-< mitigating circumstance. If not off set involved. If not, some other crime has the effect of imposing the perelty could be cornmitte. | prescribed in its maximum period. | Generic aggravating circumstance has ‘A qualifying circumstance (Exemple: Evident] 1981 | X-b to be alleged in the information, premeditation) that nas not been alleged but atherwise it wil not be considered in proven during the trial may not be anymore imposing the sentence. [onsdered es) a geri zggravating 2) Specific Aggravating - Those that apply circumstance. (No allegation no aggravating) only to particular crimes and cannot be However it may be considered for the purpose | offset by mitigating circumstances. of awarding exemplary damages. (Civil 4) Inherent aggravating - Those that component) ae | essentially accompany the commission CHAPTER FIVE | of the crime. It does not affect the ALTERNATIVE CIRCUMSTANCES penalty whatsoever 7a | ALTERNATIVE CIRCUMSTANCES 4) Qualifying aggravating circumstances loo1g |x | | RELATIONSHIP Those that change the nature of the) 1998 |X-c | | crime to a graver one, or bring about the | A) Mitigating 265 Chapter lil - Criminal law 267Lex Pareto Notes - 2017 Edition Pereto Noles - 2017 Eoition Volume ih In crimes against property = In crimes against person with regards to less serious oF slight physical injuries if offended party is atelative of lower degree. B) Aggravating = Generally aggravating in almost ll instances subject to certain exceptions. (As mentioned above) Note: In considering the relationship as an altemative circumstance offended party must either be the spouse, ascendant, descendant, legitimate, netural or adopted brother or sister or relative by affinity in the same degree of the offender. Also included are relationship of stepfather, stepmother and stepson or daughter, and the relationship of adopter and adoptee. (This list is exclusive and does not include other relationship such es between an uncle and a niece.) INTOXICATION - Is an itenitee| circumstance and is considered: ‘A) Mitigating | 1.) When it is not habitual or | 2)IF the intoxication «is not ‘subsequent to the plan to commit a felony “ B,) Aggravating * 1.) If Intoxication is habitual 2:)If it is done subsequent to the plan to commit felony. In other vu | XIV ‘words tis intentional | TITLE TWO PERSONS CRIMINALLY LIABLE FOR L FELONIES re | PRINCIPALS Par 1 ~ Principal by direct participation 2016 |XI (See doctrines in Article 8 on conspiracy) 2014 | XXil 2000 | XIV-c 4994 | Vkb 4902 | Vil Par2- Requisites of a principal by inducement: | 2003. II 2003 V-a 4)} The inducement must be diectly made, | 2003 | VI the intention being to procure the| 2002 | ‘commission of the crime and, | 1994 | Vie 2) The inducement alone must be the) determining cause of the commission of | the crime by the material executor, | | If requisite number 2 is absent hence; A } |pinpal by direct participation who has @ personal reascn to comimit a crime so that he would commit it anyway even if he is not | induced by another person is solely liable for said crime. | Par 3 Requisites of principal by indispensable | | | cooperation | | 1.) Participation in the criminal resolution. 2001 | Vill (There must have been either anterior conspiracy of unity of criminal purpose and Chapter il ~ Criminal law. 268 ‘Chapter I= Criminal law 269Lex Pareto Notes - 2017 Edition Volume til intention immediately before the commission of the crime charged.) 2) Cooperation in the commission of the offense by performance of another act, without which it would not have been accomplished. at 8 Accomplices are the persons who, not being included in Article 17, cooperate in the execution of the offense by previous or simultaneous acts, Distinction between an accomplice and a ‘conspirator }2012 2009 2007 ‘Accomplice Conspirator | [as to the intent: - | Come to-know about | Knows the criminal itafterthe principal | intention because he had reached the | has decided upon decision, and only | such course of action. then do they agres to ‘cooperate in the | execution, 2. a8 tothe decision: Do not decide Decides that the |] whether the crime | crime should be || should be committed, | committed | he merely asseni to the plan and cooperate in its accomplishment, [3..as to participation: Chapter Il — Criminal iew Vad Va 210 Lex Pareto Notes - 2017 Eaition Yolurne Lil Tis one of the authors ofthe crime [Ismerelyan instrument performs an act nt essential o | the perpetration of the | | offense, | a | Accessories are those who; (Requisites) | | +.) Having knowledge of the commission of the cfime 2)... But do not participate in the actual commission of said crime, either as principals ‘or accomplices, js). commission in any of these mani offender to provi by the effects of the crime (Material Profiting) 2. By concealing or destroying the body of the crime, or the effects or instruments thereof, in order to prevent its discovery 3. By harboring, concealing, or assisting in the escape of the principals of the crime, provided the accessory acts with abuse of hs public | functions or whenever the author ofthe crime is guitly of treason, parrcide. murder, or an attempt to take the life of the Chief Executive, or is known to be habitually guilty of some other crime, (Note: Offender here must be a public Chapter il — Criminal low But they take part subsequent to its | 1. By profiting themseNes or assisting the | 2013 2004 2008 1998 4992 2014 2008 m | viLB ja vil Wa xxv | aiVolume i Lex Pareio Notes - 2017 Edition Volume Ith Lex Pareto Notes - 2017 Edition = officer, if he is not, said person is liable for ‘arltig to abide by the res imposed upon obstruction of justice under P.D 1829) convicied prisoners | i At TACCESSORIES EXEMPTED — FROM|2010 / XXII | 20 | CRIMINAL LIABILITY 2004 | VINI-B 2) Accused is credited only 4/5 (80 2%) of the 4994 | IND | 4998 | Vil time during which he has undergone | Penalty for accessories shall not be imposed imprisonment fhe does nol voluntary agree in | upon those who are such with respect to their writing to abide by the rules imposed upon (itcle 20) convicted prisoners. a) Spouses | | offenders notentitled to credit ofthe preventive ».) Ascendants, descendants | imprisonment, (Whether ‘ul or 4/5 of time ¢) Legitimate, tural end adopted spent): | | ___ brothers and’sisters | | 4) Relatives. by. affinity within the a) Recidiist or those previously convicted | | same degrees twice or more than two times of any crinie. Provided that they do not profit themselves or bb) Those who tiled to surrender voluntary | assist the offender to profit by the effec of the _| upon being summoned to serve thet sentence. _| crime. (Article 19(1)) | i ‘SECTION TWO. — EFFECTS OF THE TITLE THREE rT PENALTIES PENALTIES | ACCORDING TO THEIR RESPECTIVE CHAPTER ONE NATURE PENALTIES IN GENERAL | Bi |PARDONITS EFFECT = 7004 | XV CHAPTER TWO %& +990 [vit | CLASSIFICATION OF PENALTIES | “Am pardon shall not work the restoration of | 2000) 8 CHAPTER THREE 1 the right to noid public office, or the right of | 2045 | VFA DURATION AND EFFECTS OF PENALTIES suffrage, unless such rights be expressly | ‘SECTION ONE. — DURATION OF | restored by the terms of the pardon.” PENALTIES | in| PERIOD OF PREVENTIVE IMPRISONMENT | tf the person pardoned wants to be reinstated 28 |DEDUCTED FROM TERM OF | to her former office, she has to re-apply for IMPRISONMENT | |__| such positon and undergo the usual procedure required for 2 ne appointment. (Monsanto. 11) Accused is credited full time for preventive | 1994 II-1 Vs. Factoran, 170 SCRA 191) | imprisonment provided he voluntanly agrees in | 72 773 Chapter Il - Criminel law Chapter Il ~ Criminal law¥ Lex Pareio Notes - 2017 Eaition Volurne ti Lex Pareto Notes - 2017 Editon _ Volume Il | = PARDON | AMNESTY WA ‘Wino may | Applies to | Applies to class a) Coup deiat; avail individuals | of person or a b) Rebellion or insurrection (and its group ‘derivatives’ tke conspiracy inciting; What may | Includes any |Only indudes «:) legal Association be the|oime 2 Jrimes * 4d.) Drect and indirect assaut; subject of considered as | 2.) Resistance and. disobedience to persons in politcal authority; offenses #) Tumults and other disturbances; When can | Exercised only | Exercised even g.) Unlawiul use of means of publications and it be |when person | before trial unlawtul utterances; exercised {is convicted in.) Alerms and scandal; What are | Looks foward | Looks backward illegal possession of rears. 3 _ | |] the effects | and relieve the | obliterating the “AH | PECUNIARY LIABILITIES; ORDER OF 2005 fi3 | offender of the | offense as if the %® | PAYMENT. penalty. Does | offender did not I a not estore | commit any | | Pecuniary Liabilities | Pecuniary Penalties tights to hold | offense | Consist of cul Ts a part of pecuniary public officer | liabilities and | liabity or fights of [pecuniary penalties | | suffrage Includes: | Includes: | | unless | | expressly | Civil liabilities: 4.) Fine sialed | 2) Cost of How to[Must be [No need to 41.) The reparation of | proceedings avail proven since it | prove since it is | || the damage caused is the private |a pubic act of |] (Does Not inctude act of the|the president Restitution) president with the 2) Indemnification of concurrence of consequential Congress || damages. - Offenses that are covered under a grant of | We Pecuniary liabilities: | amnesty are as follows (As provided for under | a Presidential proclamation) | 3) The fine mm Chapier til Criminal law a8 Chapter Il - Criminal law *Lex Pareto Noles - 2017 Edition Volume Ill Lex Pareto Notes - 2017 Edition Volume li 4) The cost of the proceedings. Death of offender | Death of offender before final judgment | before final judgment doesnot extinguish | extinguishes ‘even though pardoned as tothe principal penalty, unless the same shall have bean expressly remitted in the pardon. Art | the civility pecuniary penalty ‘SUBSIDIARY PENALTY NOTE: The Supreme Cour has held that a fine (Whether imposed gs a single or an alternative perally) cannot be reduced or converted into a prison term, There is no rule for transmutation of the amount ofa fine into prison term. (meq) kab CHAPTER FOUR APPLICATION OF PENALTIES ‘SECTION ONE. — RULES FOR THE APPLICATION OF PENALTIES TO THE PERSONS CRIMINALLY LIABLE AND FOR THE GRADUATION OF THE ‘SAME. ‘SECTION THREE. — PENALTIES IN WHICH | OTHER ACCESSORY PENALTIES ARE INHERENT an | PARDON 7 COMMUTATION OF SENTENCE ~ When the death penatty is not executed | by reason of commutation or pardon, it carries with it the penalty of perpetual absolute disqualification and civil interdiction during 30 years following the date ofthe sentence. = Pardon only excuses a convict from the service of the sentence but not the effects of the conviction, UNLESS expressly remitted in the pardon. ©” Ve an 4 Redusion perpetua and reclusion temporal Their accessory penalties — The penalties ot reclusion perpetua and reclusion temporal shall cary wih ther that of cil interdiction fr life or during the period ofthe sentence as the case may be, and that of perpetual absolute disqualification which the offender shall suffer VFA IN WHAT CASES THE DEATH PENALTY SHALL NOT BE IMPOSED. (Amended by R.A 7659, Sec. 22)" *Note: R.A. No. $348 otherwise known as “in Act Prohibiting the Imposition of Death Penalty in the Philippines”, approved on June 24, 2006, has effectively repealed R.A No. 8177, otherwise known as the Act Designating Death by Lethal Injection Likewise, this new law has in effect repealed or amended accordingly, R.A. No. 7659, otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty 11) Accused is less than 18 years of age at the | time of the commission of the offense. 2) Accused is more than 70 years of age. The penalty will instead be commuted fo reciusion perpetua, -Insanity and pregnancy before execution does not cancel the execution but merely suspends 2010 2004 1998 1997 1995 | Chapter I~ Criminal law * 76 Chepier tit Criminal lawLex Pareto Notes - 2017 Edition Volume it it (In insaniy iis suspended until he becomes sane and in pregnancy itis suspended during the pregnancy and 1 year after 2 women's delivery) a At COMPLEX CRIMES Complex ctimes (Dalito Compuesto) are defined under Article 48 of the Revised Penal Code. There are three types of complex crimes: 4.) Compound crimes (Fist part of Art 48) 2) Complex crime prover (2° part of Art. 48) 3.) Continued crime - Is one where ‘the offender performs a series of acts violating one | and the same penal provision commited at the same place and about the same time for the same crimirial purpose, regardless of 2 series of.acls done it is regarded in aw as one.” Although this concept cannot be found directly in the Revised Penal. Coce, this concept is aopied by the Supreme Court in several jurisprudence. (People vs. De Leon, People vs. Lawas, People vs. Garcia) They ate ordinarily referred to as “complex crimes” * Ghapter I~ Criminal aw 2015 2008 2005 2004 2000 2000 2000 4998 1996 1995 1994 | 1993, | 1993 | 2007 1996 xB Vilka babe x2 Milo xia XVID XV-b la V2 ull Xv x Vill 28 Lex Pareto Notes - 2047 Edition vourne T— COMPOUND | COMPLEX CRIME CRIME A single act|An offense 8 the] constituting {wo or | necessary means ‘or | more grave or less | committing another grave felonies 14) In both instance, the penaty for the most serious crime will be imposed 2)It is not applied to composite crimes (otherwise known as special complex crimes, (such as robbery with homicide, robbery with repe etc-) 2) One offense should not be punishable bya special law, | Difference between ordinary complex crime 2003 and composite crimes | ORDINARY | COMPOSITE CRIME | | COMPLEX CRIME | (SPECIAL GOMPLEX | CRIME) ||" a) Made up of| 2.) Made up of two | | two of more ‘are more crimes | crimes (grave | _b.) Considered only | or ess grave) as_components being of a single punished in indivisible distinct offense provisions of | «) Punished in one | the RPC provision of the | b) Alleged — in RPC. one’ information in oer that _| Xa Chapier lil Criminal law 279Lex Pareto Notes- 2017 Ecition Volume itt Lex Pareto Notes - 2017 Euilion Volume It ‘one penalty 1 separately. T may be imposed, Doctrine of pro reo advocates that penal laws | 2012 | Vi-a because they | are to be construed and applied in @ way 2010 | XIl ‘wore 004 lenient or liberal to the offender, consistent with ) xxx brought the constitutional guarantee that an accused is about by a presumed innocent untl proven guity single \ z felonious act | SECTION TWO. — RULES FOR THE or because [APPLICATION OF PENALTIES WITH the other REGARD TO THE MITIGATING AND offenses AGGRAVATING CIRCUMSTANCES, AND necessary to HABITUAL DELINQUENCY. commit the [EFFECT OF THE ATTENDANCE OF other. 62 | MITIGATING OR AGGRAVATING 2] Asto penatties CIRCUMSTANCES AND OF HABITUAL DELINQUENCY Only the penalty for | Only one penalty is | the most serious | specifically prescribed in the conviotion of an accused, the recidivism | 2014 | Xx! crime shall be| by the RPC as the may be considered 25 segarate and dstnot| 2001 | 1 imposed and in it's | component crimes are | | | ‘rem that ofthe habitual delinquency, because | 2009 | X+-b maximum period, | regarded as one | | | | the basis of recidivism is different from that of indivisible offense. The habitual delinquency component crime/s are not. regarded as | Recidivism is inherent in habitual delinquency. distinct, hence the It is considered as aggravating circumstance in penalty imposed is nat imposing the principal penalty. (People vs. | that of the most Espina, 62 Phil. 607, 508) serious crime, but that | which ‘specifically | Habitual Delinquency is one who is convicted | 2012 | Vill- impesed. | of @ crime. of falsification, estata, robbery, ap - serous physical injuries and thett. If the = The time of forcible abduction may be| 2000 |x offender within fen years. from. his last complexed with rape. 1 multiple rapes were | 20%4 | Vill conviction or within ten years from his release | committed, each will be cherged and punished || ftom jail of any of the offenses enumerated, 280 Chapter ill = Criminal law 281 Chapter Il - Criminal law +Lex Pareio Notes - 2017 Eaition Volume it Lex Pareto Notes - 2017 Edition Volume ti ‘shall have a conviction for the third time of said | f 1 \ offense, he shall be considered a habitual | There must de at | There must be at least delinquent. least two crimes | three crimes: |) committed. committed, RECIDIVISM HABITUAL. DELINQUENCY _| NATURE OF) NATURE OF THE ! AGGRAVATING CRIME I |Jorrcumstance The first cri, and | The first, second and | || owdinary Extraordinary of the aggravated | third crimes must be a | Agsravaing Special second crime are | habitualdelinquency. |, || Circumstance Aggravating embraced in the crime, that is} | Il Circumstance | same Tite of the | falsification, estafa, | Taq )RULES FOR THE APPLICATION OF) Revised’ Penal |robbery, _ serious | | & | INDIVISIBLE PENALTIES Code. physical injuries and | theft ||. .tnall cases in which the law prescribes a penalty composed of two indivisible TIME ELEMENT penalties, the following rules shall be | observed in the application thereof... The* accused was |The accused was convicted of the first | convicted of first 3... When the commission of the act is | 1997 VI crime by final | habtual-delinquency | attended by some mitigating circumstances judgment at the time | crime, within 10 years and there is no aggravating circumstance, || oftrial ofthe second | after conviction or the lesser penalty shall be applied.” orme. felease, he was found guilty of habitual | Example: If the law imposes a penalty cf | delinquency crime for | Reclusion perpetue to death then based on the | the second time; within | above law, the penalty to be imposed if there 10 years after are 2 mitigating crcumstances is Reclusion conviction or release, ee eee ee he was found guilty of Ar RULES. FOR THE APPLICATION OF habitual-delinquency | | 64) PENALTIES WHICH CONTAIN THREE crime for the third time | PERIODS. | or oftener. | { _I ‘Chapter ill Criminal aw : a Chapter lil Criminal lawLex Pareto Notes - 2017 Edition Vole il Lex Pareto Noles - 20/7 Editon ————— oie tt Paré- When both mitigating and] 1095] Taplying ndeterminate sentence law, see | all aggravating circumstances are present, the notes on indeterminate sentence law) | court shall reasonably offset those of one | class against the other according to their (See case of People vs. Gonzales, 75 Phil 549) | relative weight. | | : Privilege Mitigating Circumstance | 2016 | xvi Par. § - ‘When there are two or more| 2013 | |201¢ |xv mitigating circumstances and NO| 1997 | Vll A. privilege mitigating circumstance when xv AGGRAVATING CIRCUMSTANCES are 1997 | Vill present in the commission of a crime shall 2013." 1V Present, the court shall impose the penalty. affect the imposition of the penaty as to) | (meq) next lower to that prescribed by law, in the degree. 2042 | Ihab period _that_it_may deem applicable, according to the number and nature of such Ordinary ‘| Privilege circumstances.” Mitigating Mitigating | Circumstance Circumstance Example: | Under the rules for | Under the rules on | * Crime: Estafa through falsification of application of graduation of penalty, | public documents. || divisible penalties, | the presence of \ * Penalty: Estafa — Arresto” mayor, i the presence of privilege mitigating | Maximum mitigating roumstance has the Falsitication ~ Prision Mayor circumstance, if not_| effect of reducing the * Penalty imposed by the Code: Prision oiset by penalty one or two mayor, maximum since this is a complex aggravating | degrees lower. crime under Article 48 ciroumetance, has | ] effect of applying + Applying Par. 5: Prison comeccional, the divisible penalty | ‘maximum (Taking into consideration the inits minimum 2 mitigating circumstances) period + Properprison penalty Ordinary Mitigating | Privilege Mitigating Circumstance can | Circumstance are not || Maximum — period: Prision —_correccional, | be offset by subject to the offset | maximum aggravating rule, |__| Minimum period: Arresto mayor, in any range. {___LLeircumstances I al — 266 (Chapter Ili - Criminal law. 284 Chapter Ill ~ Criminel owLex Pareto Noles - 2017 Ediion aes Volume ih | Lox Pareto Notes - 2017 Edition Volume Il | fe | eMneEy FO BE_IMIROSED UPON 2: 2088-[—— "Suooesshe service of Sentence. — When the [2013 [DC ® |PERSON UNDER EIGHTEEN YEARS OF (meq) | culprit has to serve two or more penalties, he} 2013. | XI AGE POD) NA] shall serve them simultanecusiy if the nature of (meq) 1905" | VIE | the penalties will so 007 |! = ff aminor above 9 but under 16 is found to be | 1993 xvIll | soang Wh ‘aiscerment he, Is. eritled tp Note: The folloning penalties excent destioro, privilege mitigating circumstances his penalty is mayde served simultaneously with | lowered 2. degrees than what is prescribed imprisonment: *Note: Under the new law, RA. No. 9344 atherwise known as the “Juvenile Justice and |, a Perpetual absolute disqualification, Welfare Act of 2008” Children aged 15 years | Perpetual special cisquaification and below ate now considered chidren below © Temporary absolute cisquelficaton | the age of criminal responsibility. 4d. Temporary special disqualification; . 2. Suspension; - However téke rote that this article is not f. Public censure; | immedictely applicable to @ minor since he has 4. Desir | the benefit of a suspended sentence. He is first | hi. Find and bond to keep peace: | committed to @ reformatory institution upon i. Chil interdiction. Confiscation and payment approval by the cout. This article only applies | of cost =I when the application for suspended sentence is. “SECTION THREE. — PROVISIONS denied by the court or while in. the COMMON IN THE LAST TWO PRECEDING reformateryinsttution he becomes incorigible. SECTIONS. - AW [Penally to be imposed when the cnme| 2012 ~ HAPTER FIVE $5 | commited is nol wholly excusable. — A) EXECUTION AND SERVICE OF PENALTIES penalty lower by one or two degraes than that SECTION ONE,— GENERAL PROVISIONS |__| prescribed by law shall be imposed if the deed | raat | SUSPENSION OF THE EXECUTION AND | 1995 | I-tc '6.not wholly excusable by reason of the lack of 79 | SERVICE OF THE PENALTIES IN CASE OF 2008 | some of the conditions required to-jusify the INSANITY 2010. | XIN-8 same o fo exempt from criminal liabilty in the + SECTION TWO. — EXECUTION OF | several cases mentioned in Article 11 and 12, PRINCIPAL PENALTIES. provided that the majority of such conditions be URAC) SUSPENSION OF THE EXECUTION OF THE | present. The cours shall impose the penalty in | 2 | QEATH SENTENCE” the period which may be deemed proper, in | "Note : RA. No. 9346 naw expressly prohibits | 1995 | |-1e ew othe nia ate ative of heveetniols the imposition of death penalty. Sec. 2 of said] 2006 | xllL-2 clexemplion present ox lacking | |law provides that in lieu of the death penetty,| 2008 | Chapter il Criminal aw, 28. Chapter il Caminal law aLex Pareto Notes - 2017 Eaition Volure tt | Lex Pareto Notes = 2017 Edtion Volume it the following shail be imposed: a.) the penalty 2) However, take note that criminal Wabiity is] 2009 | of reclusion perpetua, when the law violated not extinguished with the death of the offended | 2004 | VIIA | makes use of the nomenclature of the penalties. party since the offense committed is @ crime | 2000 |V-e of the Revised Penal Code; or b) the penalty of against the state. (People vs, Misola 87 Phil| 1992 ]| life imprisonment, when the faw violated does 830, 833) 1990 | Va not rake use of the nomenclature of the | 1990 | \rb penalties of the RPC. CNIL LIABILITY ~In criminal cases ‘The death penalty is not executed upon: 2006 |V 4.) If accused died before final judgment — a.) A,woman while pregnant | Extinguished - Persona’ and pecuniary b.) Within one year from date of delivery liabilities are only extinguished when the death c.) Upon a person 70 years old of the offender occurs before final judgment.” 4.) A convict who becomes insane after final sentence (Found in Art. 79) 2.) If accuséd died after final judgment but [RE DESTIERRO ? [1988 [xt pending anpeal ~ ®7 | “any person sentenced to destierro shall | | | not be permitted to enter the place or placas Extinguished - Civil Indemnity and damages designated in the sentence, nor within the j | under. the Revised Penal Code can_crly be radius therein specified, which shall be not Tecovered if the accused has been convicted more than 260 and not less than 25 | with finality before he died, Kilometers from the place designated.” j | | | 3) accused ced and ater ral of judgment = Though Destietro doés not involve (Appeal already mace} imprisonment itis nevertheless a deorivation of liberty. (People vs. Abilong, 82 Phil 172) = Civil liability and damages can be recovered | TITLE FOUR from the accused | EXTINCTION OF CRIMINAL LIABILITY | CHAPTER ONE Examples of exemption to the above rules: | TOTAL EXTINCTION OF CRIMINAL. | |__ LIABILITY | | 4) tn cases of independent civi actions under | 2000 | V-b ‘Aft | CRIMINAL LIABILITY - Extinguishment __) 2015 |-3 | Atticies 21-34 ofthe Civil Code 2000. | Ix ® Ve | 2) were there is teservation of the fling of a | 1,)Criminal abil is extinguished by the death | 2013. | Vil | | separate oivil ection. of the convict (meq) | 3) Indemnity and damages may be recovered 288 | ‘Chapter lil = Criminal law ee Chapter i! ~ Criminal lawVolume ti Lex Pareto Notes - 2047 Edition Volume ill Lex Pareto Notes - 2017 Edition in a civil action if based on a source of "| convicted or acquitted obligation under Article 1187 of the Civil Code. | (Law, contracts, quasi contracts but not on the | |- The prescriptive period for the crime of 1995 | 1 basis of delcts) bigamy is computed from the time the crime 4.) When acquittal is based on reasoriable | |was discovered by the offended party, the doubt, or when guit has not been proven authorties or their agent. The contention that | beyond reasonable doubt. (Art. 29 , Civil Code) “Registration” of the second marriage serves as 5.) Accuittal due to an exempting circumstance a constructive notice is not tenable. The] like insanity: principle of constructive notice does not apply ‘At | PRESCRIPTION 2010 | XVIB fo this case as such only applies to land or 2 2004 | Iv-A |__| propery. (Sermonia vs. CA, 233 SCRA 155) | 1.) Crimes punishable by: 1997 | XI [ar | Computation of the prescription of penalties. — [2015 | ViI-A | 1994 | x2 $3 | The period of prescription of penalties shall a.) Deéth, Reclusion perpetua or reclusion | 1993. | Lb ‘commence to run from the date when the temporal - 20 years culprit should evade the servioe of his ) Afflctive penalties - 15 years sentence, and it shall be interrupted ifthe | c) Correctional penalties - 10 yeats except defendant should give himself up, be captured, | | those punishable by arresto mayor, which shall should go to some foreign country with which prescrive in 6 years. this Government has no extradition treaty, or should commit another crime before the 2) Crime of libel - 1 year | ‘expiration of the periad of prescription. 3.) Oral defamation and slander by deed - 6 months | y ‘CHAPTER TWO 4.) Light offenses — 2 months | PARTIAL EXTINCTION OF CRIMINAL ‘Ar | Poriod of prescription: 2015 [VIB LIABILITY a * | 2010 | XVIIA | TITLE FIVE a.) Commences to run only from the day the | 2009 | VI CIVIL LIABILITY crime is discovered by. the offended | 2004 | V.A CHAPTER ONE party, the authorities or their 2000 | vi PERSON CIVILLY LIABLE FOR FELONIES agents. 1 [RE CIVIL LIABILITY OF A PERSON GUILTY OF b) It is interrupted by the filing of the complaint | 100 FELONY. oF information | \....| \ ¢) It commences to run again when judicial Every person criminally liable for @ felony is| 2010 | XVIIIS proceedings also cvily able 2005. IN-3 terminate without the accused being | ae Chepier il! ~ Gaminal fave 254 (Chepier Ill Criminal lawLex Pareto Notes - 2047 Edition Lex Pareto Notes - 2017 Exton Volume i NOTE: A judgment ordering the accuse to pay ] | who-has aogired it by lawful means, P 60,000.00 for each count of rape for 10 | the latter his action against the proper person, ‘counts is valid since each count is a distinct ‘who may be liable to him. felonious ~act and should be punished itt ae This provision is not applicable in cases in A)RULES REGARDING CWIL LIABILITY IN| 2013 | bioallaa Ngenadiaiat i poo CERTAIN CASES. (me m seein: renee which, by. law, bar an ection for ~The courts shall determine, in sound s discretion, ttie proportionate amount for which | CHAPTER TWO each one shall bé lable... WHAT Hee IE Note: Solidary. liability may be applied in Civil EXTINCTION AND SURVIVAL OF CIVIL cases. Fines must however me bome LIABILITY separately if there are two or more accused Ar. | SUBSIDIARY CIVIL LIABILITY OF OTHER | 1993 | Xi REVISED PENAL CODE ~ | | 1°5 | PERSONS BOOK 2 | | _|_An employer may ineur subsiiary lcbiliy # CRE | dutgment ‘tes: been: senicted. acabet Mis CRIMES AGAINST NATIONAL SECURITY | || employee for a crime commited in the incident TD HE LAW GRNETIONS | | | employment, and that said judgment cannot be | CHAPTER ONE satisfied because of the insolvency of said | employee. Thete is no-need thatthe employer | eee | be impleaded first before judgment can be \ Bea eNEE | satisfied. (Exampie of this i criver-owner) - ; 5 + ‘Ar | Conspwracy and proposal to commit teason;| 2013 |V i f Ni RESTETU TION HOM) MADE: 18 | Penalty. — The conspiracy or proposal to (rea | | commit the crime of treason shall be punished The estan of te teat mtb respectively, by prision mayor and a fine not | made whenever possible, with allowence for Sete POUT pee al” praia | Siti tno ot inmnGin AF ale 2 comreccional and 2 fine not exceeding P5,000 | determined by the court me | , | At | Misprsion of treason — Every person owing | 2010 (0 | ‘The thing itself shall be restored, even thought} 2006 12 ne ; | | be found in the possession of a third person allegane'. to (he Unted Slates) the | 22 Chapier lil Criminal law 283 Chapter Ill ~ Criminal lawLox Pareto Notes- 2017 Editon Volumen. | 4etParetoNotes=2017 Edin Yolume i Government of the Philppine Islands, without [| aa Coan PEE PRACY 2008 [2 | being a foreigner, and having knowledge of any bo | conspiracy against them, conceals or does not | Elements: disclose and make known the same, as soon a8 possible to the governor or fiscal of the Fy Mavbesel 6 on Hiehih seas grin province, or the mayor or fiscal of the city in Philippine waters; Wich ho pala 45 bioassay, te to 2, Offenders may be or may not be members i punished as an accessory to the crime of sf | | treason: the vessel nor or passengers of the | vessel: I SECTION TWO.— PROVOKING WAR AND 3,)Offenders commit either of the following | DISLOYALTY IN CASE OF WAR ace ‘SECTION THREE. — PIRACY AND MUTINY ‘ON THE HIGH SEAS | a jAltack or seize the vessel | | PIRACY IN GENERAL AND MUTINY ON THE | 2005] Vie Ey Sacerte ies MIDE eT EE | ‘122 HIGH SEAS OR IN PHILIPPINE SEAS \ Par of i's cargo cr equipment or the personal | Element belonging of the passengers are the crew 4.) The above acts was committed with the | 4.) The vessel ison the high seas orn | ‘lems: } Philippine waters; | 2.) Offenders are not members of the vessel | a] Whenever they have seized a vessel by |.nor | ' boarding or firing upon the same, are they passengers of the vessel: b} Whenever the pirates have abandoned | 2008 | Vil-a 2i)Offenders commit eller ofthe folowing | their victims without means of saving acts: ‘ themselves; oF | c) Whenever the crime is accompanied by stil or ledobas | ‘murder, homicide, physical injuries or b) Seize the vessel in whole or in ae EI +— art s | | Semetae s NS Ae UCN belonging of | | ae the bassenoers a, CHAPTER ONE | 4,) There is intent of gain. | ARBITRARY DETENTION OR EXPULSION, | | VIOLATION he. | aot Chapter ill — Criminal law 295 Chapter I~ Criminal fav‘Lox Pareto Notoe=2017 Edition Volume: tlt ‘Lex Pareto Notes = 2017 Edition Volume Ii f (OF DWELLING, PROHIBITION, > Legal grounds for detention: [2008 [ie INTERRUPTION, AND DISSOLUTION OF PEACEFUL MEETINGS "The commission of a crime, or violent insanity AND CRIMES or any other aitment requiring the compulsory AGAINST RELIGIOUS WORSHIP confinement of the patient in a hospital, shall SECTION ONE, — ARBITRARY DETENTION be considered legal grounds for the detention AND EXPULSION of any person. (Par. 2 of Article 124) ‘At | ARBITRARY DETENTION i962 [Xia | co Note: ‘Enforce cisappearance’ commited by| 2008 -| ka Elements: military offers may constitute arbitrary detention. _ 1.) Offender isa public officer or employee Me DELAY IN THE DELIVERY OF DETAINED | 1990 | Xra 2} He detains a person 125 | PERSONS TO THE PROPER JUDICIAL 3) The detention is without legal grounds AUTHORITIES* | Note: The public officer or employee must have ELEMENTS: the power to detain 1.) Offender is a public officer or employee Three ways of committing arbitvry| 2006 | inet 2) He has detained a person for a legal detention: ground 3,) He felis to deliver such person to the | ©.) When @ public officer or proper judicial authorities within employee detains _@ person A.)Light penalties or their without legal grounds as provided equivalent- 12 hours for under this article; B) Correction penalties or their When the public cfficer_ or equivalent - 18 hours | employee delays in delivering a C)Alfictive penalties or their | Getained person to the proper equivalent - 36 hours ludctal authonties (See notes Ar. (Note: Period does not run wher» 125); e) When a public. officer or f) The courts are closed employee delays the release of a | | g}IF the arrest is by virtue of @ | person_wlisn there is_a judicial warrant ) oder for him to do so. (Art. 126) “Delivery of detained persons to the proper | 296 Chapter Nl — Criminal law 27 Chapter ll ~ Criminal lawLex Pareto Notes - 2017 Editon Volume fi Lex Pareto Notes - 2017 Ealiion = volume ms judicial authorities” means the fing of proper ~~ TITLE THREE tT ‘charges against the arrested person before the GRIMES AGAINST PUBLIC ORDER proper court. CHAPTER ONE | REBELLION, SEDITION AND DISLOYALTY SECTION TWO, — VIOLATION OF Aa /REBELLIGN OR INSURRECTION; HOW 1997 [Ila : DOMICILE "24 | COMMITTED. ar VIOLATION OF DOMICILE 2000 [re & 2002 | VIA A Ast | VIOLATION | QUALIFIED | = Rebellion can now be complexed with| 1998 | the | OF DOMICILE] TRESPASS TO common cfimes, by vttue of the amendments DWELLING — | in RB. Act No. 6968, promulgated in October | (Article 280) 1990. The rulings in People vs. Hernandez, (22 Ofepiay [Ofer Ba | Ofender a pets Phil 515, 1990) and Enrile vs. Salazar, (186 | + | public officer | person. or | uReport SCRA, 1990) are no longer controling | aubety private capacity ys 1.) Entering the | Committed i _~— rail mame’ electurutsee | [— REBELLION | COUPDETAT | 2004 | x- another against [the dneling of | Manner of | There mustke @ |-Aswitetick | 2002 |X! hiswil anottior against the |, Someone pulp: |e 1998 | V-1 2) Seahng | sxpess-aed. pled (ow “Usecfams | commited | 100 [ip | papers ard wil othe osrer. comme) |- Wit ieree end | sirly or t Cffects inside the wolence simutaneous'y ‘dwelling without + Thru stealth ‘consent of the | | | strategy, | owner eect, eet 5) Refsing 0 | | iclenceor | | leare premises ff | trisaton after "entering | | | surepitiousy | Commited | Anybody, reed| Members of the ‘and requred 1 by rot 10 be Pole, mitary or leave panicpatee by pub oflals as ‘SECTION THREE. — PROHIBITION, ee INTERRUPTION aio ee ot 4 | Anything Duly constituted AND DISSOLUTION OF PEACEFUL Se erie [extricate | MEETINGS | purpose ropuole su 38 | SECTION FOUR. — CRIMES AGAINST | ae a | ‘communication RELIGIOUS WORSHIP Phe) rete, ic | | Chapter Il Criminal law 208 ‘Chapter il ~ Criminal aw aeLex Pareto Notes = 2017 Edition votre ir the exercise and continued possession of ‘governmental powers Testis real | Purpose | Overhrowing the | Diminish sate duly constituted | powers goverment and (Cestabiize or replace i with a| paralyze the ‘goverment of | government) the rebels COUP O'ETAT!/ REBELLION’ If there was conspiracy between the offender's commiting the coup d'etat and the offenders commiting the rebellion, then there is a complex crime of coup d'etat and rebellion. In conspiracy the crime of one group isthe crime ofthe other. The two crimes are essentially different and punished with distinct penatties, - Illegal possession of firearms and explosives and other common crimes is deemed absorbed in the rebelion if it is @ necessary means for the perpetration of such. - However an NPA commander who ‘shot his neighbor during an altercation using sn unlicensed fireaim cannot be charged with rebellion, since said act is notin furtherance of the rebellion. He is charged with the crime of murder of homicide as the case may be. 2003 |X 1990 | XV-a 1990 | XV-b a a | a4. ‘COUP D'ETAT; HOW COMMITTED (See table in Art. 134) Coup d'etat with the use of an unlicensed 1981 | Fa. 2043. | XXill (meg) 1998. |V-2 Chepter Iil- Criminal law 300 Lex Pareto Notes - 2017 Eallion Volume Ii firearm - (See notes in RA 8294) COUP D'ETAT / SEDITION - There can be a complex crime of coup detat with sedition because the two crimes are essentially different and punished with distinct penalties 2003 | X-c ‘AR | PENALTY FOR REBELLION, 135 | INSURRECTION OR COUP D'ETAT “When the rebellion, insurrection, or coup _ detat shall be under the command of unknown leaders, any person who in fact directed the others, spoke for them, signed receipts and other documents issued in their name, as performed similar acts, on behalf or the rebels shall be deemed a leader of such a rebellion, insurrection, or] 2002 | XIX-B | conspiracy and proposal to’ commit coup | dotat shall be punished by prision mayor in ‘minimum period 2nd a fine which shall not _ exceed eight thousand pesos (P8,000.00) coup d'etat.” |__| “Rit | Conspiracy and pronosal to commit camp | B15 |V 186-| ytetaly rebellion or insurrection: — Tne (mea) The conspiracy and proposal to commit | | rebellion or insurrection shall be punished | | respectively, by prision correccional. in its | | | maximum period and a fine which shall not | | exceed five thousand pesos (PS,000.00) and | | by prision comreccional in its medium period Chepter I~ Criminal law and a fine not exceeding two thousand pesos | 1(P2,000.00), 301Lex Pareto Noies - 2017 Ec Yolurne tit ‘At’ | SEDITION; HOW COMMITTED Same doctrine asked see discussion: 1344 question 2003 - 10¢ 2003 ke ‘At | Conspiracy to commit sedition. — Persons “44 | conspiring to commit the crime of sedition shall be punished by prision correccional in its medium period and a fine not exceeding 2,000 pesos. 2018 xu The-different acts of inciting to sedition are: 1. Inciting others to be accomplishment of any of the acts which constitute sedition by means ‘of speeches, prociamations, writings, embiems, ete. cistuib the public peace. 3. Whiting, publishing, or circulating scurrous duly constituted authorities thereof, which fend to disturb public peace, or who knowingly concealing such evil pracices, 2. Uttering words or speeches which tend to | libels against the Govemment or any .of the | 2007 CHAPTER TWO CRIMES AGAINST POPULAR, REPRESENTATION ‘SECTION ONE. — CRIMES AGAINST LEGISLATIVE BODIES AND SIMILAR BODIES SECTION TWO.— VIOLATION OF — Chapter Ill— Criminal lav « 302 Lex Pareto Notes - 2017 Edition Volume it! ~_ PARLIAMENTARY IMMUNITY. C CHAPTER THREE ILLEGAL ASSEMBLIES AND. ASSOCIATIONS | Chapter Four ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS: Aa. | DIRECT ASSAULT 148 ELEMENTS 2° mode of committing direct assault 41) The offender 'a) Makes an attack or >) Employs force or ) Makes serious intimidation or d.) Makes serious resistance 2) Person assauited is a person in authorty or his agent, (Any person who comes tothe aid of the parson in authority shall be deemed his agent)" 3) Thal at the time of the assault the person in authority or his agent is: a) Engaged in the actual performance of his oficial duties or b) He is assaulted by reason of past performance of his official duties 4) Offender knows that_the one he is assulrg 2 peson nail of son in authorty or hs agent ‘Chapter Ii Crimine! aw 2015. 2009 2009 2002 2001 2004 2000 1095 1993 hv Villa Ua vil XV-a XV-0 Vill-b Vi-2 XVIL 303Lex Pareto Notes -2017 Edition Volume il Lex Pareto Notes - 2017 Editon Volume I) in the exercise of his duties. 3) A person who, by direct provision of law or T 5,) That there is no public uprising by election or by appointment by competent | authority, is charged with the maintenance of * - Aperson assaluting a teacher and a person | public order and the protection and security of j who comes to her aid by reason of the | fife and property, such as @ barrio councilman, | teacher's performance or past performance of barrio policeman and barangay leader her offcial duties commits the 2 counts of the | crime of direct assault 4.) Any person. who comes to the aid of fn. | RESISTANCE AND DISOBEDIENCE TO A|2001 | XV-b persons in authority, shall be deemed an agent ‘451 | PERSON IN AUTHORITY OR THE AGENTS | 1990. | XI-b of aperson in authority. OF SUCH PERSON | 5,) in applying the provisions of Articles 148 | 2002 | Vil 1.) A petson: in authority or his agent is and 181, teachers, professors and persons engaged in the performance of official duty or charged with the supervision of public or duly gives a lawful order to the offender recognized private schools, colleges and 2) The offender resists or seriously disobeys universities in the performance of their duties such person in authority or his agent. i are deemed persons in authority. 3.) The act of the. offender does not fall under 7 "CHAPTER FIVE the provisions of Art 148 ~ 150 I | PUBLIC DISORDERS ‘rt | DELIVERY OF PRISONER FROM JAIL = Using force or violence on an agent of a 156 person in authority is not ipso facto direct The felony of delivery of prisoner from jails not | 2015. | XV assault only commited by removing a person) 2014 |vil | ‘Ar. | PERSONS IN AUTHORITY AND AGENTS OF [2073 Vil committed to jail or penal establishment but is 2002 |X | 182 | PERSONS IN AUTHORITY; WHO SHALL BE also commitied by helping in the escape of | 2004 | VI-B DEEMED AS SUCH. | | person outside those establishment by means | of volence, intimidation, bribery and any other | 1.) Any person directly vested with jurisdiction, | 2000 | Vika means whether as an individual or as a member of ‘a 7 ~~ CHAPTER SIX some court or governmental corporation, EVASION OF SERVICE OF SENTENCE | board, or commission, ‘At. | EVASION OF SERVICE OF SENTENCE | 187 2),A bario captain and 2 barangay chairman | 1905 | W2 ELEMENTS: shall also be deemed a peison in authority 1) Offender is convict of final judgment aot 305 Chapter lil Criminal iaw * Chapter il - Criminal fawTT Te Lex Pareto Notes - 2017 Editon? Volume til Lex Pareto Notes - 2017 Edition __ Volume iit 2.) He is serving his sentence which consists in| 2018 ] VIA | | SECTION THREE. — FORGING TREASURY a deprivation of liberty Xv OR BANK NOTES, OBLIGATIONS AND 3.) He evades the service of his sentence by| 2009 | X | SECURITIES; IMPORTING AND UTTERING escaping during the term of his sentence | FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES. | If person violates the terms of the'sentence | 1908. | X-2 RT ILLEGAL POSSESSION AND USE OF ‘of destierro he can be hel liable for evasion of 185 | FALSE TREASURY OR BANK NOTES AND Peniee, of sentence which. Js. @ continuing |__| OTHER INSTRUMENTS OF CREDIT offense and can be prosecuted where he was | arrested and where the terms of his sentence ELEMENTS: 4999. | xilLb prohibit him from going. | 1999 | Xill-o CHAPTER SEVEN | 1.) Thet the treasury or bank notes or certificate | COMMISSION OF ANOTHER CRIME | or other obligation and certificate payable to DURING SERVICE OF PENALTY IMPOSED | | bearer or any insinument payable fo order or FOR ANOTHER PREVIOUS OFFENSE ‘other document of credit not payable to bearer An [COMMISSION OF ANOTHER CRIME) 7997 [DCB | | is forged or falstfied by ancther. +60 | DURING SERVICE OF PENALTY IMPOSED | 2) That the offender knows that eny of these FOR ANOTHER OFFENSE; PENALTY. |_| instruments are forged or falsified 3) Thal the following acts are performed - Aparolee who commits a felony is not @ quasi | ‘a)Using of any such forged or falsified recidivist. Quasirecidivism only occurs when instrument. the accused commits a felony while serving or | ) Possession and intent to use ary of the | about to serve sentence or when he escapes | forged or falsified documents. from prison. | -Mete possession alone of false treasury or TITLE FOUR bank notes without intent to use it is not| CRIMES AGAINST PUBLIC INTEREST punishable, However the fact of possession CHAPTER ONE may be indicate intent to utter, which is FORGERIES sulfcient fo consummate the crime of ilegal | an possession of false notes. SEE ECAR one ie | ‘Art. | HOW FORGERY |S COMMITTED | 1908 [Xia PHILIPPINE ISLANDS, THE SIGNATURE OR | aw . | 2008 |x STAMP OF THE CHIEF EXECUTIVE. 11} By giving t treasuty or bank note or any} SECTION TWO. — COUNTERFEITING | instrument payable to bearer or to order the COINS ‘appearance of a true and genuine document 306 307 Chepter Ill Criminal law * Chapter I~ Criminal lawLex Pareto Notes - 2017 Edition Volume tl Lsx Pareto Notes - 2017 Edition Volume lil | ]2) By erasing, substituting or atering by any] — | Tdocument purporting to be a copy of an ] means the figutes, letters, words or signatures | original document when no such original Contained therein, exists, or including in such a copy a [SECTION. FOUR. — FALSIFICATION OF |_| statement contrary to, o diferent from, that _ LEGISLATIVE, PUBLIC, COMMERCIAL, AND | ofthe genuine original; or PRIVATE DOCUMENTS, AND WIRELESS, | TELEGRAPH, AND TELEPHONE MESSAGE, | 8, Intercalating any instrument or note ‘Am TFALSIFICATION BY PUBLIC OFFICER, {2078 [XVI relative to the issuance thereof in a m , | ° EMPLOYEE OR NOTARY —OR| 2044 | Vil protocol, registry, of official book. | ECCLESIASTIC MINISTER 2009 |x ¥e | FALSIFICATION BY PRIVATE INDIVIDUAL | 2014 ] Vil 4909 | Xia 172 | AND USE OF FALSIFIED DOCUMENTS 2009 |x Acts punished: (how committed) 1993 |X 2000 | XViD . Elements: 1993 |ba 1. Counterfeiting’ or imitating any | 2008 |x 1282 | Xe handwriting, signature or rubric; 4.) Offender is private individual or pubiio| 1991 | Ha |_| officer who did not take advantage of his official | 1991. | II-b 2, Causing It to appear that persons have position. participated in any act or proceeding when | 2.) He committed any act of falsification under they did notin fact so participate: | Article 174 3) The falsification was committed in-a public, 3. Attributing to persons who have official or commercial document. participated in an act or proceeding | ‘statements other than those in fact made by | ~ The law presumes that the possessor | 2014 | XXV ‘them; and user of falsified documents is the| 1999 | Xlikd | ‘one who falsified such. (People vs.| 1997 | XIN | 4. Making untruthful statements in | 2008 | xil Sendaydiego, 81 SCRA 120} narration of facts; In the crime of falsification of commercial 1992 | Xl-b | document, damage or intent to cause | | |S. Altering true dates; damage is not necessary, since what is | punished is the violation of public faith | | 6. Making any alteration or intercalation in a the destruction of,ruth as proclaimed. | ___ | genuine document which changes its CHAPTER TWO meaning; | _ OTHER FALSITIES | | SECTION ONE. - USURPATION OF 7. Issuing in an authenticated form a AUTHORITY, RANK, TITLE, AND IMPROPER GChapterii=Chinalew 7 308 Chapter il ~ Criminal lew 308) Chapter I~ Criminal law