Professional Documents
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Judge Abudiente Notes
Judge Abudiente Notes
Judge Abudiente Notes
CRIMINAL LAW
By:
BOOK 1
Extra- territoriality of Penal Laws applies only in Crimes mentioned under Article 2 RPC and under
certain special laws like the the Human Security Act. Crimes committed outside, even by public
officers, like defamation, or slander are not triable in the Philippines
Probable cause and Mistake of Fact
Stages of commission
Note that in “instigation”, the person instigated or induced is NOT liable since he has no intent to
commit the crime. It was the police officer who induces him to commit the crime. In “entrapment, the
person entrapped is criminally liable.
This may be asked in connection with R.A. 9165
Doctrine of “probable cause”
JUSTIFYING CIRCUMSTANCES
Elements of self-defense: [1] unlawful aggression [2] reasonable necessity of the means employed to
prevent or repel it [3] lack of sufficient provocation on the part of the person defending himself
No unlawful aggression when there is an agreement to fight
EXEMPTING CIRCUMSTANCES
AGGRAVATING CIRCUMSTANCES
Advantage was taken by the offender of his public position. This could not be offset by mitigating
circumstances and the penalty has to be imposed in its maximum period.
The crime was committed by an organized/syndicated crime group [Art. 62 [1]. It exists when the
crime was committed by a group of two or more persons collaborating, confederating or mutually
helping one another for purposes of gain.
When more than three armed persons shall have acted together for the commission of a crime, it shall
be deemed to be committed by a band. This is only an aggravating circumstance.
Brigandage on the other hand exists when more than three armed persons form a band of robbers for
the purpose of committing robbery in the highway, or kidnapping persons for the purpose of extorting
ransom, or for other purposes to be attained by means of force and violence. This is a felony.
A recidivist is one who, at the time of the trial for his crime, shall have been previously convicted by
final judgment of another crime embraced in the same Title of the Revised Penal Code.
Reiteration is when the offender had been previously punished for an offense to which the law
attaches and equal or greater penalty or for two or more crimes to which the law attaches a lighter
penalty
Habitual delinquency exists when within a period of ten years from his last release or last conviction
of the crime of serious or less serious physical injuries, robo, hurto, estafa, or falsification, he cis
found guilty of any of said crimes a third time or oftener
ALTERNATIVE CIRCUMSTANCE
PARDON
Pardon by the private offended party must be given before the institution of the criminal action to bar
criminal prosecution. It is limited to the crimes of concubinage, adultery, seduction, abduction, rape,
and acts of lasciviousness
Pardon given by the President is given after the judgment of conviction becomes final. It is one of the
grounds for the total extinction of criminal liability. It does not restore the pardonee’s right of
suffrage unless such disqualification is expressly remitted in the pardon
ACCESSORY VS. SUBSIDIARY PENALTY
Both penalties can be imposed only when the judgment of conviction is already final and executory.
Accessory penalties are deemed imposed even of the decision or judgment is silent as to its
imposition. Subsidiary penalty however can be imposed only if it is expressly stated in the decision.
COMPLEX CRIMES
When a single act constitutes two or more grave or less grave felonies
Or when an offense is a necessary means of committing another
No complex crime of Rebellion, or Treason, with common crimes, and the latter are absorbed if
committed in pursuance of the crime of rebellion or treason
Ordinary crimes committed not in relation thereto, are treated separately
Computation of penalty in relation to the Indeterminate Sentence law; the Gayrana ruling was
superseded by the Gonzales Ruling
Death in so far as his criminal liability is concerned. As to his civil liability, death extinguishes it only
if it occurs before final judgment
Distinction between Amnesty and Absolute Pardon
Prescription of crimes
Prescription of penalty
Marriage by the offender with the offended party
Subsidiarily civilly liable for damages when there was violation of ordinances or laws;
Not Subsidiarily civilly liable for loss of valuables of guests for robbery with violence against or
intimidation of persons UNLESS the crime was committed by its employees
Any person who participated gratuitously in the proceeds of a felony shall be bound to make
restitution in the amount equivalent to the extent of his participation.
BOOK 2:
IT IS PARRICIDE WHEN:
The a person kills his father, mother, or child, whether legitimate or illegitimate;
Other legitimate ascendants or descendants
Legitimate spouse. Killing a common-law spouse is NOT parricide. Under PD 1083 which embodies
the Muslim Personal Laws and which recognizes and allows polygamous marriages, killing the
second, third, or fourth spouse, or other spouses lawfully married to the accused in accordance with
PD 1083, is also considered parricide
A LEGALLY married person, who having surprised his spouse in the act of sexual intercourse with
another person, shall kill any of them, or both of them in the act, or immediately thereafter;
With parents with respect to their daughter under 18 years of age, and their seducer, while the
daughter is living with her parents.
NOTE that the penalty is DESTIERRO. The same penalty if the injury inflicted is physical injuries. If
the penalty inflicted is of any other kind, he shall be exempt from punishment.
Without the circumstances under Art. 246, shall kill another with the presence of the qualifying
circumstances of Treachery; consideration of price, reward, or promise; by means of inundation, fire
poison, explosion etc; on the occasion of calamity or misfortune; with evident premeditation; or with
cruelty.
NOTE that the qualifying aggravating circumstance/s must be alleged in the Information, otherwise
they shall not be considered or appreciated even if proven during the trial
Without being a relative under Article 246, kills another without the presence of any qualifying
aggravating circumstances under Article 248.
UNDER TUMULTUOUS AFFRAY, WHEN:
When several persons not composing groups organized for common purpose of assaulting or
attacking each other, assault each other in a tumultuous manner, and in the course thereof, someone
is killed, but it could not be determined or ascertained who actually killed the victim, but the person
who inflicted physical injuries can be identified, he shall be liable for the death.
NOTE of the definition of “tumult” . It is tumultuous if caused by more than three persons who are
armed or provided with means of violence
A person is liable for Infanticide when he kills a person less than three [3] days old. The penalty is
provided for under Art. 246 for parricide, and Art. 248 for Murder.
Note that if the accused is the mother of the child for the purpose of concealing her dishonour, the
penalty shall be prision mayor medium to maximum. If committed by MATERNAL grandparents for
the same purpose, the penalty shall be reclusion temporal
The father CANNOT AVAIL of this mitigating circumstance of concealing dishonour if he kills his
child less than 3 days old
A person kills another without intent to kill, but the intent was replaced by negligence, or
imprudence.
Reckless imprudence consists of voluntarily but without malice, doing or failing to do an act from
which material damage results by reason of inexcusable lack of precaution on the part of the person
performing or failing to perform an act, taking into consideration the employment or occupation,
degree of intelligence, physical condition, other circumstances regarding the person, time and place.
DEPRIVATION OF LIBERTY:
When is it punished as Arbitrary detention, Delay in the delivery of detained person to judicial
authority, Delaying Release, Unlawful Arrest, Kidnapping, Slight Illegal Detention, Slavery, or
Forcible Abduction,
BY A PUBLIC OFFICER:
It is Arbitrary Detention when a public officer detains another without legal or lawful ground.
It is punished as Delay in the Delivery of Detained Person when there is a ground to detain another,
but fails to deliver the detained person within 12 hours for acts punishable with light penalty, 18
hours if for less grave penalties, and 36 hours if for grave penalties
It is punished as Delaying Release when there was ground for detention, and there was a subsequent
judicial or executive order for the release of the detainee, but the public officer unduly delays the
release, or unduly delays the service of such notice or order for the release of the detainee
It is punished as Unlawful Arrest when a private person, without reasonable ground therefor, shall
arrest another for the purpose of delivering him to the proper authorities [Art. 269]
It is punished as Slavery if a person shall purchase, sell, kidnap, or detain another human being for
the purpose of enslaving him, or for assigning him or her to an immoral traffic.
It is punished as Forcible Abduction when committed by any person who abducts any woman against
her will and with lewd design.
It is punished as Consented Abduction when the victim is a virgin over 12 and under 18 years of age,
carried out with her consent and with lewd design
REBELLION…
It is punished as Rebellion or Insurrection when the accused rise publicly and take up arms against
the Government of the Philippines for the purpose of removing from the allegiance of the government
or its laws its territory or a portion thereof, or any body of land, naval or armed forces; or to deprive
the executive or legislative of any of its powers or prerogatives
Rebellion is a continuing crime and any common crimes committed in pursuance thereof like Murder,
Arson, etc are absorved in one crime of Rebellion although these acts were committed in different
occasions
No complex crime of Rebellion with ordinary crimes
COUP D’ETAT:
It is punished as Coup d’etat when the offenders committed a crime characterized as a swift attack
accompanied by violence, intimidation, threat, stealth, or strategy directed against duly constituted
authorities of the Republic of the Philippines, or any military camp or installation, communication
networks, public utilities, or other facilities needed for the exercise and continued possession of
power, singly or simultaneously carried out anywhere in the Philippines, with or without civilian
support, by any person belonging to the military, police, or holding any public office or employment,
with or without civilian support, for the purpose of seizing or diminishing state power
SEDITION:
Punished as Sedition when committed by persons who rise publicly and tumultuously in order to
attain by force, intimidation, or by other means outside of legal methods the purposes mentioned
under Article 139
It is tumultuous when caused by more than three persons who are armed or provided with means of
violence [Art. 153]
Public officers are those who, by direct provision of law, by popular election, or appointment by
competent authority shall take part in the performance of public functions in the Government, or shall
perform in said government or any branches public duties as an employee, agent, or subordinate
official of any rank or class.
Person in authority is any person with jurisdiction whether as an individual, or member of a court,
tribunal or government corporation or board, or commission.
An agent of a person in authority is by direct provision of law, by election, or appointment by
competent authority, is charged with the maintenance of public order and the protection and security
of life and property.
It is Violation of Domicile when committed by a public officer who, without authority, enters a
dwelling without the consent of the owner thereof and search papers or other effects found therein; or
by a public officer who surreptitiously entered a dwelling and being required to leave, refuse to do
so.
Qualified Trespass to Dwelling is committed by a private person who enters the dwelling of another
without the latter’s consent
Committed by any person [public officer or private individual] who, in a place dedicated to religious
worship or during the celebration of any religious ceremony, shall perform an act notoriously
offensive to the feelings of the faithful.
Thus, when the accused, a private individual entered the Church during a mass, bring a placard
calling categorizing priests “Damaso”, that notorious priest in Rizal’s novel Noli Mi Tangere, which
offended those who attended the mass, the crime committed the crime of Offending Religious
Feelings
USURPATION OF AUTHORITY
Usurpation of authority or official function is committed when a person knowingly and falsely represent
himself to be an officer, agent or representative of any department or agency o the Philippine government
or of any foreign government; or who under pretense of official position, shall perform any act pertaining
to any person in authority or public officer of the Philippine government, or any foreign government or
any agency thereof without being lawfully entitled to do so.
Usurpation of legislative powers is committed by any public officer who shall encroach upon the powers
of the legislative branch either by making general rules or regulation beyond the scope of his authority, or
by attempting to repeal a law or suspending the execution thereof
Usurpation of executive function is committed by any Judge who shall assume any power pertaining to
the executive authorities, or shall obstruct the latter in the lawful exercise of the powers.
Usurpation of Judicial functions is committed by any officer in the executive branch of the government
who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any
Judge within his jurisdiction
Infidelity in the custody of prisoners: [1] conniving with or consenting to evasion; [2] evasion
through negligence [3] escape of prisoner under the custody of a person not a public officer
Infidelity in the custody of documents: [1] removal, concealment or destruction of documents
[2[ officer breaking seal [3] opening of closed documents
A Grave threat is committed by any person who shall threaten another with the infliction upon the
person, honor, property, of the latter of of his family of any wrong amounting to a crime
Grave coercion is committed by any person who, without authority of law, shall by means of
violence, threats, or intimidation, prevent another from doing something not prohibited by law, or to
compel him to do something against his will whether it be right or wrong. A higher penalty shall be
imposed if the coercion is committed in violation of the right of suffrage, or the exercise of religion
2. Widowed spouse with respect to the property which belonged to the deceased spouse before the
same have passed into the possession of another
This exemption from criminal liability does not apply when the crime is complexed with another
crime. Example, ESTAFA thru FALSIFICATION
Simulation of birth, substitution of one child for another, concealment, and abandonment of
legitimate child are punishable
Concealment and abandonment of a legitimate child to lose his civil status
ELEMENTS:
CYBERLIBEL
The SC struck down as unconstitutional the penalizing of people who AID OR ABET online libel as
provided for under RA 10175
While it upheld ONLINE LIBEL as a crime BUT ONLY THE ORIGINAL AUTHOR is to be
penalized. Those who merely “LIKE” IT are not liable
BP 22
There is prima facie evidence of knowledge of insufficiency of funds if the check is presented within
ninety [90] days from the date of the check, and was dishonoured, and the drawer received a notice of
dishonour, and the drawer or maker of the chcl fails to pay the amount due thereon within five
banking days after receiving the notice.
Such presumption cannot arise if the notice of dishonour is not sent to the drawer, or if there is no
proof that such notice was sent and received by the drawer since there is no way to reckon the crucial
5-day period.
The absence of a notice of dishonour necessarily deprives the accused an opportunity to preclude a
criminal prosecution.
CARNAPPING
It is the taking with intent to gain of a motor vehicle belonging to another without the latter’s consent
or by means of violence against or intimidation of persons or by using force upon things.
Carnapping in aggravated form [qualified carnapping] is committed when the owner, friver, or
occupant of the carnapped motor vehicle is killed, or raped in the course of the commission of
carnapping or on occasion thereof
TERRORISM is committed by any person who commits any of the following crimes: Piracy,
Rebellion, Coup d’tat. Murder, Kidnapping and Serious illegal detention, Crimes involving
destruction, Violations of RA `1612, RA 6969, Roxic susbtances and hazardous nuclear waste,
Atomic Energy Regulatory Act, Anti Hijacking law, Anti highway robbery law, PD 1866 as
amended, thereby sowing and creating an extra-ordinary fear and panic among the populace in order
to coerce the government to give in to an unlawful demand. Penalty is 40 years without the benefit of
parole
Accessories who are spouse. Ascendants, descendants, legitimate, natural, or adopted brothers and
sisters or relatives by affinity within the same degrees are exempt from criminal liability except those
who profited themselves or assisted the offenders to profit from the effects of the crime.
RA 9344
Age is 15 years old or below: EXEMPT from criminal liability. He shall be subjected to intervention
program. He is not exempt from civil liability
AGE IS OVER 15 BUT UNDER 18: If he did not act with discernment, he shall be exempt from
criminal liability. Not exempt from civil liablity
AGE IS OVER 15 UNDER 18 and he acted with discernment: He is not exempt from criminal
liability, He shall be subjected to the criminal proceedings in accordance with RA 9344. Entitled to
suspended sentence in case of conviction even if he did not apply for it
Once the child who is under 18 years of age at the the time of the commission of a crime is found
guilty of the offense charged, the court shall determine abd ascertain any civil liability which may
have resulted. However instead of pronouncing the judgment of conviction, the court shall place the
child under suspended sentence, without need of application. Provided however that the suspension of
sentence shall be supplied even if the juvenile is already eighteen years of age at the time of the
pronouncement of his sentence. [Sec. 38]
Discharge of the child in conflict with the law. Upon recommendation of the social worker who has
custody of the child, the court shall dismiss the case against the child whose sentence has been
suspended, and shall order his final discharge. The discharge shall not affect the civil liability.
If the court finds that the child has wilfully failed to comply with the conditions of his disposition or
rehabilitation program, the child shall be returned to the court for the execution of judgment.
R.A. 9262
Violence against women or children refers to any act or series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with whom the person has or had
sexual or dating relationship, or with whom he has a former child, or against his child, whether
legitimate or illegitimate.
Battered woman syndrome. Victims or survivors who are found by the courts to be suffering from
battered woman syndrome do not incur any criminal and civil liability notwithstanding the absence of
any of the elements for the justifying circumstance of self-defense.
Permanent Protection Order [PPO] issued by the court after notice and hearing, valid until revoked
PUNISHAABLE ACTS:
2. Child trafficking [trading and dealing with children, for money or gain]
Other acts of abuse [neglect, cruelty, and other conditions prejudicial to the cbhikd’s development]
Child. Any person below 18 years of age or over but is unable to full take care of himself/herself from
abuse, neglect, cruelty, exploitation or discrimination beause of physical or mental disability or
condition
Child pornography. Any representation whether visual, audio or written combination thereof, by
electronic, mechanical, digital, optical, magnetic, or any other means, of child engaged or involved in
real or simulated explicit sexual activities
Hazing. An initiation rite or practice as a pre-requisite for admission into membership in fraternity,
sorority, or organization by placing the recruit neophyte or applicant in some embarrassing or
humiliating situations, or subjecting him to physical or psychological sufferings.
The physical, mdntal and psychological testing and training procedure to enhance and determine the
physical, metal, and psychological fitness of prospective members of the AFP, PNP, as approved by
the DND and NAPOLCOM shall not be considered as hazing.
Persons liable: any person holding public office in the Government of the Pnilippines by virtue of
direct provision of law, appointment by competent authority, popular election, or contract.
A private person who conspires with the public official may also be held liable for Plunder
Plunder is a crime committed by a public officer himself, or in connivance with members of his
family, relatives bny affinity or consanguinity, business associates, subordinates or other persons by
amassing, accumulating, or acquiring ill-gotten wealth through combination or series of acts tin the
aggregate amount or value of Fifty Million [50M] pesos.
Ill-gotten wealth refers to any asset, property, business enterprise, or material possession of any
person, acquired ny a public officer directly or indirectly through dummies, nominees, associates,
agents, or subordinates.
If the unlicensed firearm is used in furtherance of the crime of rebellion sedition, or coup d’etat, the
use of unlicensed firearms or explosives is ABSORBED.
The use of unlicensed firearm is considered AGGRAVATING in the crime of Murder or Homicide
When a person commit any crime with the use of explosives, detonation agents, or incendiary devices
which results in the death if any person or persons, the use of such explosives, detonation agents or
incendiary devices shall be considered as AGGRVATING CIRCUMSTANCES
The unlawful manufacture, sale, acquisition, disposition or possession of firearms and ammunitions
etc. are likewise absorbed in the crime of rebellion, sedition, coup d’etat
R.A. 4200
NOTES: An extension telephone cannot be placed in the same category as Dictaphone, dictagraph or
the other devices under RA 4200 as the use thereof cannot be used as “tapping”. [Gaanan vs. CA]
Absent a clear showing that both parties to the telephone conversation qllowed the recording of the
same, the INADMISSIBILITY of the subject tapes is MANDATORY
R.A. 9194
anti money laundering act
Money laundering, defined. Crime wherein the proceeds of unlawful activity are transacted, making
it appear to have come from lawful transaction
Covered transation are those transaction in cash or other equivalent monetary instrument involving a
total amount in excess of Php 500,000.00 within one [1] banking day
To take photo or video coverage of a person or group of persons performing sexual act or any similar
activity or to capture an image of the private area of a person such as the naked or undergarment, clad
genitals, buttocks, or female breasts without the consent of the person involved
To copy or reproduce, or cause to be copied or reproduced such photo or videop or recording of a
sexual act with or without consideration
To sell or distribute or cause to be sold or distributed such phor or video whether it be original copy
or reproduction thereof.
To publish or boradcaset, or cause to be published or broadcast whether in print or broadcast media
the photo or video coverage or recording
A. Elements of Selling: [1] identity of the buyer, and the seller, the object and the consideration
thereof; [2[ the delivery of the thing sold, and the payment therefor.
NOTE: THE ABSENCE OF THE BUY-BUST MONEY WILL NOT PREJUDICE THE
PROSECUTION FOR AS LONG AS THE SALE OF THE DANGEROUS DRUGS IS PROVEN,
AND THE CHAIN OF CUSTODY IS NOT VIOLATED IN ORDER TO PRESERVE THE
INTEGRITY AND PROBATIVE VALUE OF THE SEIZED EVIDENCE
Elements:
3. The accused was freely and consciously aware of being in possession of the drugs.
Thus, a person cannot be held criminally liable for possession of illegal drugs if he/she is unaware of the
content of the container handed to her.
Mere attempt or conspiracy to commit the following, shall be penalized with the same penalty prescribed for
the commission of the same:
My dear examinees, may you be guided by god… god bless you all…
AMEN…..