Professional Documents
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Criminal-Law-II-Reviewer by Vena v. Varga
Criminal-Law-II-Reviewer by Vena v. Varga
Vena V. Verga
Important Points to Remember Treason cannot be committed in time of peace In treason by levying war, it is not necessary that there be a formal declaration of the existence of a state of war The war must be directed against government The purpose of levying war is to deliver the country in whole or in part to the enemy; must be in collaboration with foreign enemy The aid or comfort given to the enemies must be after the declaration of war; the enemies must be the subject of foreign power No treason thru negligence When common crimes are charged as overt acts of treason, they cannot be regarded as separate crimes or as complexed by treason. Treason by Filipino citizen may be committed outside the Philippines Treason is a continuous offense Treason cannot be proved by circumstantial evidence or extrajudicial confession of accused Two witness rule is severely restrictive Sufficient that witnesses are uniform in their testimony on the overt act; it is not necessary that there be corroboration between them on the point they testified Adherence may be proved by one witness, or from the nature of the act itself, or from the circumstances surrounding the act Defense of suspended allegiance and change of sovereignty is not accepted Defense of obedience to de facto Government is acceptable Defense of duress or uncontrollable fear is acceptable
Treason branch of allegiance to a government, committed by a person who owes allegiance to it Allegiance obligation of fidelity and obedience which the individuals owe to the government under which they live or to their sovereign, in return for the protection they receive; either permanent or temporary Adherence to Enemy intent to betray; when a citizen intellectually or emotionally favors the enemy and harbors sympathies or convictions disloyal to his countrys policy or interests] Aid or Comfort an act which strengthens or tends to strengthen the enemy in the conduct of war against the traitors country and an act which weakens or tends to weaken the power of the traitors country to resist or to attack the enemy Ways of Proving Treason: 1. Testimony of 2 witnesses, at least, to the same overt act; or 2. Confession of the accused in open court
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The two witness rule does NOT apply to this article
1. 2.
Conspiracy is one to commit treason Article 116 is an exception to the rule that mere silence does not make a person criminally liable
PC Penalty next higher in degree shall be imposed if the offender be a public officer or employee.
1.
2. 3. 4.
2.
1. 2.
1. 2. 3.
1. 2.
Espionage gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the RP or to the advantage of any foreign nation To be liable under paragraph 1, the offender must have the intention to obtain information relative to the defense of RP It is not necessary that the information is obtained Espionage distinguished from treason: a. Both are crimes not conditioned on citizenship b. Espionage may be committed in many ways, both in time of peace or war; Treason 2 ways of committing; and only in time of war The intention of offender is immaterial Committed in time of peace
1.
2.
Neutrality a nation or power which takes no part in a contest of arms going on between others is referred to as neutral There must be regulation issued by competent authority for enforcement of neutrality
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Correspondence communicating by means of letters; or it may refer to the letters which pass between those who have friendly or business relations Even if correspondence contains innocent matters, if such has been prohibited by the government, it is punishable Prohibition by the government is not essential in paragraphs 1 and 2 Qualifying circumstances that must concur together: a. The notice or information might be useful to the enemy b. The offender intended to aid the enemy An alien resident may be guilty of flight to enemy country Mere attempt to flee or go to enemy country consummates crime Article 121 must be implemented by the Government
PM RT if info may be useful to enemy RT to death if intention was to aid the enemy
2. 3. 4.
121 Flight to Enemys Country 122 Piracy in General and Mutiny on the High Seas or in Philippine Waters
1. 2. 3. 4. 1. 2. 3.
There is a war which the Philippines is involved Offender must be owing allegiance to the government Offender attempts to flee or go to enemy country Going to enemy country is prohibited by competent authority Vessel is on the high seas or in Philippine waters Offenders are not members of its complement or passengers of the vessel Offenders either a. attack or seize the vessel b. seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers
Arresto Mayor
1. 2. 3.
RP Same penalty shall be inflicted in case of mutiny on the high seas or in Philippine waters
1.
Piracy robbery or forcible depredation on the high seas, without lawful authority and done with animo furandi and in the spirit and intention of universal hostility Mutiny unlawful resistance to a superior officer, or the raising of commotions and disturbances on board a ship against the authority of the commander
High Seas any waters on the sea coast which are without the boundaries of lowwater mark, although such waters may be in the jurisdictional limits of a foreign government 2. Piracy Distinguished From Robbery in High Seas a. In piracy offender is an outsider; in robbery, offender is member of crew or passenger b. In both, there is intent to gain and manner of committing the crime is the same 3. Piracy Distinguished from Mutiny a. In piracy, the offenders are strangers; in mutiny, they are members of the crew or passengers b. In piracy, intent to gain is essential; in mutiny, the intention may be to ignore ships officers or to commit plunder
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Any person who aids or protects pirates or abets the commission of piracy shall be considered as an accomplice R.A. 6235 An Act Punishing Certain Acts Inimical to Civil Aviation Legal Grounds for Detention of Prisoner: a. the commission of a crime b. violent insanity or o the ailment requiring the compulsory confinement of the patient in a hospital Arrest without warrant is the usual cause of arbitrary detention Arrest Without Warrant, When Lawful (Sec. 5 Rule 113) Personal knowledge is required A crime must in fact or actually have been committed There is no reasonable ground if officer only wants to know the commission of crime There is arbitrary detention thru imprudence If the offender is a private person, the crime is illegal detention Detention must be for some legal ground Article 125 does not apply when the arrest is by virtue of a warrant of arrest but must be a lawful arrest Delivery does not consist in a physical delivery, but in making an accusation or charge or filing of an information against person Duty of the detaining officer is deemed complied with upon the filing of the complaint with the judicial authority Provisions of Article 125 may be waived if person asks for preliminary examination Violation of Article 125 does not affect legality of confinement under process issued by a court The illegality of the detention is not cured by the filing of the information in court Fiscal is not liable, unless he ordered detention Page 4 of 75
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2. 3.
4. 5. 1. 2. 3. 4.
1. 2. 3.
Offender is a public officer or employee He has detained a person for some legal ground He fails to deliver such person to the proper judicial authorities within: a. 12 hours for offenses punishable by light penalties or their equivalent b. 18 hours for offenses punishable by corrective penalties or their equivalent c. 36 hours for offenses punishable by afflictive or capital or their equivalent
Same as next preceding article: Within 12 hours for light penalties Within 18 hours for corrective penalties Within 36 hours for afflictive or capital penalties
Proper Judicial Authorities means the courts of justice or judges or said courts vested with judicial power to order the temporary detention or confinement of a person charged with having committed a public offense Rights of Person Detained: 1. He shall be informed of the cause of his detention 2. He shall be allowed, upon his request, to communicate and confer at anytime with his attorney or counsel Circumstances considered in determining liability of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
5. 6. 7. 8. 9.
Vena V. Verga
10. Article 125 distinguished from Article 124 in Art. 124, the detention is illegal from the beginning; in Art. 125, the detention is legal in the beginning but the illegality of the detention starts from the expiration of any of the periods of time specified without person detained having been delivered to proper judicial authority Wardens and jailers are the public officers most likely to violate Article 126
1. 2.
That offender is a public officer or employee There is a judicial or executive order for the release of a prisoner or detention prisoner, or that there is a proceeding upon a petition for the liberation of such person 3. The offender without good reason delays: a. the service of the notice of such order to the prisoner b. the performance of such judicial or executive order for the release of the prisoner c. the proceedings upon a petition for the release of such person 1. Offender is a public officer or employee 2. He expels any person from the Philippines or compels a person to change his residence 3. The offender is not authorized to do so by law Acts Punished: 1. By entering any dwelling against the will of the owner thereof; or 2. By searching papers or other effects found therein without the previous consent of such owner; or 3. By refusing to leave the premises, after having surreptitiously entered said dwelling and after having been required to leave the same Elements Common to the Three Acts: 1. Offender is a public officer or employee 2. He is not authorized by judicial order to enter the dwelling and / or to make a search therein for papers and other effects
PC
Only the court by a final judgment can order a person to change his residence 1. 2. A public officer or employee is authorized by judicial order when he is armed with a search warrant duly issued by the court Against the will of the owner presupposes opposition or prohibition by said owner, whether express or implied; if it is only without the consent of the owner, the crime is not committed Right of officer to break into building or enclosure (Sec 11 Rule 113, 1985 Rules on Criminal Procedure) Circumstances Qualifying the Offense: a. If the offense is committed at nighttime; or b. If any papers or effects not constituting evidence of a crime are not returned immediately after the search was made Papers of other effects must be found in the dwelling
PC in minimum PC in medium and maximum if with Qualifying circumstances of nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately
3. 4.
5.
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Personal Property to be Seized: a. Subject of the offense; or b. Stolen or embezzled and other proceeds or fruits of the offense; or c. Used or intended to be used as the means of committing an offense Search warrant will not issue except upon probable cause Search warrant is valid for 10 days from its date The true test of lack of just cause is whether the affidavit filed in support of the application for search warrant has been drawn in such a manner that perjury could be charged thereon and affiant be held liable for damages caused Search and seizure without warrant as an incident to lawful arrest is legal Peace officers may enter house of an offender who committed an offense in their presence Search and seizure of vessels without a search warrant legal Search to go over or look thru for the purpose of finding something; to examine Distinguish Article 128 from Article 130 In violation of domicile, the public officer has not authority to make a search warrant; in Article 130, public officer has a search warrant Private individual cannot commit this crime Under paragraph 1, public officer must act without legal ground When the meeting to be held is not peaceful, there is legal ground for prohibiting it The right to peaceably assemble is not absolute and may be regulated The offender must be a stranger, not a participant, in the meeting Preventing a religious ceremony to take place punishable under this article Reading a bible and then attacking certain churches in a public plaza is not a ceremony Page 6 of 75
2. 3. 4.
5. 6. 7.
1.
2.
PC in minimum
1. 2. 3. 4. 5.
1. 2. 3.
1. 2.
Vena V. Verga
of manifestation of religion, but only a meeting of a religious sect It is not necessary that there is a religious ceremony going on when the offender performs acts notoriously offensive to the feelings of the faithful There must be deliberate intent to hurt the feelings of the faithful Offense to feelings is judged from complainants point of view
1.
2. 3. RP person who promotes, maintains or heads rebellion or insurrection RT person merely participating or executing commands of others 1.
1. 2.
Offender is a person(s) belonging to the military or police or holding any public office or employment It is committed by means of a swift attack accompanied by
Rebellion or of inciting it is a crime of masses, of a multitude 2. Actual clash of arms with the forces of the government, not necessary to convict the accused who is in conspiracy with others actually taking arms against the government 3. Purpose of the uprising must be shown 4. It is not necessary that the purpose be accomplished 5. Giving aid or comfort not criminal in rebellion 6. Rebellion distinguished from Subversion rebellion is a crime against public order; Subversion like treason, against national security 7. Mere silence or omission is not punishable in rebellion 8. It is not a defense in rebellion that the accuse never took the oath of allegiance to, or that they never recognized the government 9. Those who killed persons in pursuance of movement to overthrow government are liable for rebellion only 10. There is no complex crime of rebellion with murder and other common crimes (Hernandez ruling) 11. Killing, robbing, etc for a private purpose or profit, without any political motivation, would be separately punished and would not be absorbed in the rebellion 1. Coup d etat may be committed with or without civilian participation 2. Those liable for Rebellion, Insurrection and/or Page 7 of 75
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Coup d etat (Article 135) a. Leaders i. any person who promotes, maintains, or heads a rebellion or insurrection ii. any person who leads, directs, or commands others to undertake a coup detat b. Participants i. Any person who participates or executes the commands of others in rebellion or insurrection ii. Any person in the government service who participates, or executes directions or commands of others in undertaking a coup detat iii. Any person not in the government service who participates, supports, abets, or aids in undertaking a coup detat Merely agreeing and deciding to rise publicly and take arms against the government for the purposes of rebellion or merely proposing the commission of said acts is already subject to punishment No conspiracy when there is no agreement and no decision to commit rebellion
3.
4.
Political Crimes Distinguished from Common Crimes Political crimes are those directly aimed against the political order, as well as such common crimes as may be committed to achieve a political purpose The decisive factor is the intent or motive
Conspiracy and Proposal to Commit Coup detat Conspiracy to Commit Rebellion or Insurrection Proposal to Commit Rebellion or Insurrection 1. 2. Offender is a public officer or employee Commits any of the following acts of disloyalty: a. Failing to resist a rebellion by all the means in their power; b. Continuing to discharge the duties of their offices under the control of the rebels; c. Accepting appointment to office under them Offender does not take arms or is not in open hostility against the government He incites others to the execution of any of the acts of rebellion The inciting is done by means of speeches, proclamations, writings, emblems, banners or other representations tending to the same end
1.
2.
The crime of disloyalty of public officers presupposes the existence of rebellion by other persons The offender under Article 137 must not be in conspiracy with the rebels 1. Inciting to Rebellion Distinguished from Proposal a. in both, the offender induces another to commit rebellion b. in proposal, person who proposes has decided to commit rebellion; in inciting, it is not required that offender has decided to commit rebellion Page 8 of 75
1. 2. 3.
PM in minimum
Vena V. Verga
in proposal, person who proposes uses secret motive; in inciting, the act is done publicly Rebellion should not be committed Sedition is the raising of commotions or disturbances in the state Sedition Distinguished from Rebellion a. In both, there must be public uprising b. In sedition, it is sufficient that public uprising is tumultuous; in rebellion, there must be taking up of arms against the government c. In sedition, the purpose of offenders may be political or social; in rebellion, it is always political Sedition distinguished from treason treason is the violation by a subject of allegiance to sovereign; sedition is the raising of commotions or disturbances in the State Public uprising and an object of sedition must concur Common crimes are not absorbed in sedition There must be an agreement and a decision to rise publicly and tumultuously to attain any of the objects of sedition There is no proposal to commit sedition Scurrilous low, vulgar, mean or foul Uttering seditious words or speeches and writing, publishing or circulating scurrilous libels are punishable, when: a. they tend to disturb or obstruct any lawful officer in executing the functions of his office; or b. they tend to instigate others to cabal and meet together for unlawful purposes; or c. they suggest or incite rebellious conspiracies or riots; or d. they lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the government Knowingly concealing such evil practices is Page 9 of 75
139 Sedition
1. 2. 3.
The offenders rise publicly and tumultuously They employ force, intimidation, or other means outside of legal methods The offenders employ any of those means to attain any of the following objects: a. To prevent the promulgation or execution of any law or the holding of any popular election b. To prevent the National Govt, or any provincial or municipal govt, or any public officer thereof from freely exercising its or his functions, or prevent the execution of any administrative order c. To inflict any act of hate or revenge upon the person or property of any public officer or employee d. To commit, for any political or social end, any act of hate or revenge against private persons or any social class; and e. To despoil, for any political or social end, any person, municipality or province, or the national govt of all its property or any part thereof
PM in minimum and a fine not exceeding P10,000 for the leader of sedition PC in maximum and a fine not exceeding P5,000 for other persons participating therein
3.
Different Acts Punished: 1. Inciting to Sedition to Accomplish any of its Objects: a. Offender does not take direct part in the crime of sedition b. He incites others to the accomplishment of any of the acts which constitute sedition c. The inciting is done by means of speeches, proclamation, writings, emblems, cartoons, banners, or other representations tending to the same end 2. Uttering seditious words or speeches which tend to disturb the public peace 3. Writing, publishing or circulating scurrilous libels against the government or any of the duly constituted authorities thereof, which tend to disturb the public peace a. Offender does not take direct part in the crime of sedition
1.
2.
3.
Vena V. Verga
treated and punished as that of the principal Two rules relative to seditious words: a. Clear and Present Danger Rule b. Dangerous Tendency Rule Chief of police and mayor who prevented the meeting of the municipal council are liable under Article 143, when the defect of the meeting is not manifest and requires an investigation before its existence can be determined 4. 1. 2. The complaint for disturbance of proceedings may be filed by a member of a legislative body One who disturbs the proceedings of the congress my also be punished for contempt
143 Acts Tending to Prevent the Meeting of Congress 144 Disturbance of Proceedings of Congress and Similar Bodies
1.
There be a projected or actual meeting of Congress or any of its committees or subcommittees, constitutional committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender who may be any person prevents such meeting by force or fraud 1. There be a meeting of Congress or any of its committees or subcommittees, constitutional commissions or committees or divisions thereof, or of any provincial board or city or municipal council or board 2. The offender does any of the following acts: a. He disturbs any of such meetings b. He behaves while in the presence of any such bodies in such a manner as to interrupt its proceedings or to impair the respect due it. First Form 1. The offender (any person) uses force, intimidation, threats or fraud. 2. The purpose of the offender is to prevent any member of Congress from: a. Attending the meetings of Congress or any of its committees, etc.; or b. Expressing his opinion; or c. Casting his vote Second Form 1. Offender is a public officer or employee 2. He arrests or searches any member of Congress 3. Congress, at the time of arrest or search, is in regular or special session 4. The member arrested or searched has not committed a crime punishable under the Code by a penalty higher than prision mayor 1. Any meeting attended by armed persons for the purpose of committing any of the crimes punishable under the code a. there is a meeting, a gathering or group of persons, whether in a fixed place or moving b. that the meeting is attended by armed persons c. that the purpose of the meeting is to commit any of the crimes punishable under the code
PM
1. 2.
Parliamentary immunity does not protect members of the Congress from responsibility before the legislative body itself It is sufficient that the offender, in using force, intimidation, threats, or frauds, has the purpose to prevent a member of Congress from exercising any of his such prerogatives
PC
PC in maximum to PM in medium for organizers or leaders of any meeting under this article
1.
2. 3.
Persons present at the meeting must be armed in the first form of illegal assembly But not all the persons present at the meeting of the 1st form of illegal assembly must be armed The unarmed person merely present at the meeting of the 1st form of illegal assembly is Page 10 of 75
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liable If any person present at the meeting carries an unlicensed firearm: a. It is presumed that the purpose of the meeting insofar as he is concerned, is to commit acts punishable under the Code; and b. He is considered a leader or organizer of the meeting Meeting includes a gathering or group, whether in a fixed place or moving
4.
Persons liable for illegal Assembly: 1. Organizers or leaders of the meeting 2. Persons merely present at the meeting Illegal Associations: 1. Associations totally or partially organized for the purpose of committing any of the crimes punishable under the Code 2. Associations totally or partially organized for some purpose contrary to public morals Persons Liable for Illegal Association: 1. Founders, directors and president of the association 2. Mere members of the association
5.
PC in minimum and medium and a fine not exceeding P1,000 founders, directors, and presidents A Mayor mere members of said association
Two Forms of Direct Assault and Their Requisites: 1. Without public uprising, by employing force or intimidation, for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition a. the offender employs force or intimidation b. the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of crime of sedition c. there is no public uprising 2. Without public uprising, by attacking or employing force or by seriously intimidating or by seriously resisting any person in authority or any of his agents, while engaged in
PC in medium and maximum periods and a fine not exceeding P1,000 when the assault is committed with a weapon or when the offender is a public officer or employee
Illegal Association distinguished from Illegal Assembly 1. In Illegal Association, it is not necessary that there be an actual meeting; In illegal Assembly, it is necessary there is an actual meeting 2. In illegal associations, it is the act of forming or organizing and membership in association that are punished; in Illegal Assembly, it is the meeting and attendance at such meeting that are punished 3. In illegal associations, the persons liable are the founders, directors and president and the members; In illegal assembly the person liable are the organizers or leaders of the meeting, and persons present at such meeting 1. It does not seem that the offended party in the first form of direct assault must be a person in authority or his agent 2. If the offended party is only an agent of a person in authority, the force employed must be of SERIOUS character to be direct assault 3. The force employed NEED NOT be serious when the offended party is a person in authority 4. The intimidation or resistance must be serious whether the offended party is an agent only or he is a person in authority 5. The resist must be grave, therefore it must Page 11 of 75
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be active resistance Intimidation must produce its effects immediately To determine whether a certain public officer is a person in authority, the powers and duties vested in him by law should be determined The status of person in authority being a matter of law, ignorance thereof is no excuse Functions of the person in authority or his agent must be clearly shown in the information When a person in authority or their agents descended to mattes which are private in nature, an attack made by one against the other is not direct assault Even if the agent of a person in authority agrees to fight, it still constitutes direct assault If a person in authority or his agent goes beyond the scope of the respective powers of public officers, if they are fixed, then they are considered NOT in the performance of official duties Knowledge of the accused that the victim is a person in authority or his agent is essential Defendant must have the intention to defy the authorities If is not necessary that the person in authority who was assaulted was ACTUALLLY performing official duties Evidence of motive is important when the person attacked or seriously intimidated is NOT in the actual performance of his official duty Where in the commission of direct assault, serious or less serious physical injuries are also inflicted, the offender is guilty of the complex crime of direct assault with serious or less serious physical injuries the crime of slight physical injuries is absorbed in direct assault Page 12 of 75
6. 7.
8. 9. 10.
11. 12.
17.
18.
Vena V. Verga
149 Indirect Assaults 150 Disobedience to Summons Issued by Congress, its Committees, etc.
PC in minimum and medium periods and a fine not exceeding P500 A Mayor or a fine ranging from P200 to P1,000 any person who having been summoned Same penalty any person who shall induce disobedience to a summons or refusal to be sworn by any such body A Mayor and a fine not exceeding P500 any person shall resist or seriously disobey any person in authority A Menor or a fine ranging from P10 to P100 disobedience to an agent of a person in authority is not of a serious nature
1. 2. 1. 2. 3. 4.
Indirect assault can be committed only when a direct assault is also committed The offended party in indirect assault may be a private person Article 150 applies only to disobedience WITHOUT legal excuse Any of the acts punished by Article 150 may also constitute contempt of Congress The court may take any action not amounting to a release of a prisoner of Congress The power of inquiry, with process to enforce it, is an essential and appropriate auxiliary to the legislative functions
Paragraph 1: 1. The juridical conception of the crime of resistance and disobedience to a person in authority or his agents consists in a failure to comply with orders directly issued by the authorities in the exercise of their official duties 2. The person in authority must be in the actual performance of his official duties 3. The disobedience contemplated consists in the failure or refusal to obey a direct order from the authority or his agent 4. The accused must have knowledge that the person arresting him is a peace officer 5. There is justified resistance when the accused had no right to make the search Paragraph 2: 6. The order must be lawful 7. If the disobedience to an agent of a person in Page 13 of 75
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authority is of a serious nature, the offender should be punished under par. 1 of Article 151 When the attack or employment of force is not deliberate, the crime is only resistance or disobedience
8.
A Mayor in medium to PC in minimum and a fine not exceeding P1,000 Penalty next higher in Degree person causing any disturbance or interruption of a tumultuous character A Mayor person who shall make any outcry tending to incite rebellion or sedition A Menor and a fine not to exceed P200 bury with pomp the body of a person legally executed A Mayor and fine ranging from P200 to P1,000
1. 2.
3.
4.
Serious disturbance must be planned or intended If the act of disturbing or interrupting a meeting or religious ceremony is not committed by public officers, or if committed by public officers they are participants therein, Article 153 should be applied Inciting to Sedition or Rebellion distinguished from Public Disorder It is necessary that offender should have done the act with the idea aforethought of inducing his hearers or readers to commit the crime of rebellion or sedition; if the outcry is more or less unconscious outburst, which, although rebellious or seditious in nature, is not intentionally calculated to induce others to commit rebellion or sedition, it is only public disorder One who fired a submachine gun to cause disturbance, but inflicted serious physical injuries on another, may be prosecuted for 2 crimes
1.
2.
It is not necessary that the publication of the false news actually cased public disorder or caused damage to the interest or credit of the State; the mere possibility of causing such danger or damage is sufficient The offender must know that the news is Page 14 of 75
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false If there is no possibility of danger to the public order or of causing damage to the interest or credit of the state by the publication of the false news
3.
1. 2. 3.
4. 5. 6.
1. 2.
There is a person confined in a jail or penal establishment The offender removes therefrom such person, or helps the escape of such person
Qualifying Circumstance What constitutes the qualifying circumstance is the offenders act of employing bribery as a means of removing or delivering the prisoner from jail, and not the offenders act of receiving or agreeing to receive a bribe as a consideration fro committing the offense
A Mayor in maximum to PC in minimum any person who shall remove from any jail any person confined therein or shall help escape of such person by means of violence, intimidation or
1. 2. 3. 4. 5. 6. 7.
It is the result, not the intent that counts. The act must produce alarm or danger as a consequence The discharge of the firearm should not be aimed at a person, otherwise, the offense would fall under Article 254 Article 155 does not make any distinction as to the particular place in the town or public place where the discharge of firearm, rocket, etc. is effected The discharge of firecrackers or rockets during fiestas or festive occasion are not covered by this Article Disturbance of serious nature falls under Article 153 Charivari medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc. designed to annoy and incite Person may be under detention only or by final judgment Hospital or asylum considered as an extension of jail or prison Offender is usually an outsider The guard of the jail, who is off duty, may be held liable for delivering prisoner from jail Violence, intimidation or bribery is not necessary Employment of deceit is not an element of the offense If the crime committed by the prisoner for which he is confined or serving sentence is Page 15 of 75
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treason, murder or parricide, the act of taking the place of the prisoner in the prison is that of an accessory and he may be held liable as such, because he assists in the escape of the principal Prisoner is criminally liable for leaving the penal institution only when there is evasion of a sentence The sentence must be by reason of final judgment This article is not applicable to sentence executed by deportation Escape flee from, to avoid, to get out of the way, as to flee to avoid arrest Article 157 is applicable to sentence of destierro, since it consists in a deprivation of liberty Unlawful entry scaling or climbing the wall Offender must be a convict by final judgment The convict must leave the penal institution What is punished is not the leaving of the penal institution, but the failure of the convict to give himself up to the authorities within 48 hours after the proclamation announcing the passing away of the calamity If offender fails to give himself up, he gets an increased penalty If offender gives himself up he is entitle to a deduction of 1/5th of his sentence
8.
1. 2. 3.
Offender is a convict by final judgment He is serving his sentence which consists in deprivation of liberty He evades the service of the sentence by escaping during the term of his sentence
1. 2.
3.
4.
Qualifying Circumstances: 1. by means of unlawful entry (by scaling); 2. by breaking doors, windows, gates, walls, roofs or floors; 3. by using picklocks, false keys, disguise, deceit, violence, or intimidation; or 4. thru connivance with other convicts or employees of penal institution 1. The offender is a convict by final judgment, who is confined in a penal institution 2. There is a disorder, resulting from: conflagration, earthquake, explosion, similar catastrophe, or mutiny in which he has not participated 3. The offender evades the service of his sentence by leaving the penal institution where he is confined, on the occasion of such disorder or during the mutiny 4. The offender fails to give himself up to the authorities within 48 hours following the issuance of a proclamation by the chief executive announcing the passing away of such calamity Mutiny organized unlawful resistance to a superior officer; a sedition or revolt; does not include a riot or if prisoners disarmed the guards and escaped since they are not their superior officers 1. Offender was a convict 2. He was granted a conditional pardon by the Chief Executive 3. He violated any of the conditions of such pardon
5.
1. 2. 3.
4.
5.
1. 2.
The court cannot require the convict to serve the unexpired portion of his original sentence if it does not exceed 6 years Violation of conditional pardon is not a Page 16 of 75
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substantive offense, because the penalty for such violation is the unexpired portion of the punishment in the original sentence Condition extends to special laws Offender must be found guilty of subsequent offense before he can be prosecuted under Article 159 Offender can be arrested and re-incarcerated without trial The period when convict was at liberty, not deducted in case he is recommitted Duration of the conditions subsequent is limited to the remaining period of the sentence Second crime must be a felony; but the first crime for which the offender is serving sentence need not be a felony (could be under a special law) Quasi-Recidivism cannot be offset by ordinary mitigating circumstances A quasi-recidivist, who is not a habitual criminal, may be pardoned at the age of 70 years if he has already served out his original sentence or when he shall complete it after reaching said age The offense is not falsification of public document The President has custody and use of the Great Seal The signature of the President must be forged
2. 3.
RT
1. 2. 3.
1. 2. 3.
That the Great Seal of the Republic was counterfeited or the signature or stamp of the Chief Executive was forged by another person The offender knew of the counterfeiting or forgery He used the counterfeit seal or forged signature or stamp
P Mayor
Utter means to pass counterfeited coins; includes their delivery or act of giving them away
1. 2.
A coin is false or counterfeited if it is forged or if it is not authorized by the government as legal tender, regardless of its intrinsic value Former coins withdrawn from circulation may Page 17 of 75
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be counterfeited under Article 163 Kinds of coins the Counterfeiting of which is Punished: a. Silver coin of the Philippines or coin of the Central Bank of the Philippines b. Coin of minor coinage of the Philippines or of the Central Bank of the Philippines c. Coin of the currency of a foreign country
3.
Acts Punished: 1. Mutilating coins of the legal currency, with further requirement that there be intent to damage or to defraud another 2. Importing or uttering such mutilated coins, with the further requirement that there must be connivance with the mutilator or importer in case of uttering 1. Possession of coin, counterfeited or mutilated by another person, with intent to utter the same, knowing that it is false or mutilated a. Possession b. With intent to utter c. Knowledge 2. Actually uttering such false or mutilated coins, knowing the same to be false and mutilated a. Actually uttering b. Knowledge Forging committed by giving to a treasury or bank note or any instrument payable to bearer or to order the appearance of a true and genuine document; to forge an instrument is to make false instrument intended to be passed for the genuine one Falsification committed by erasing, substituting, counterfeiting, or altering by any means, the figures, letters, words, or signs contained therein Importation means to bring them into the Philippines, which
1.
2. 3. Penalty lower by1. one degree than that prescribed in 2. said articles 3. 4. 5. RT in minimum and fine not to exceed P10,000 obligation or security of Philippines P Mayor in maximum period and a fine not to exceed P5,000 circulating note
Mutilation means to take off part of the metal either by filing it or substituting it for another metal of inferior quality; to diminish by ingenuous means the metal in the coin The coin must be of legal tender in mutilation Coins of foreign country not included
Possession of or uttering false coin does not require that the counterfeited coin is legal tender Constructive possession included Possession of counterfeiter or importer not punished as separate offense Accused must have knowledge of the fact that the coin is false Punishable even if the offender was not in connivance with counterfeiter or mutilator 1. 2. Uttering forged bill must be with connivance to constitute a violation of Article 166 Notes and other obligations and securities that may be forged or falsified under Article 166: a. Treasury or bank notes, b. Certificates c. Other obligations and securities, payable to bearer A bank note, certificate or obligation and security is payable to bearer when it can be Page 18 of 75
3.
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negotiated by mere delivery Penalties depend upon the kind of forged treasure or bank notes or other documents Forgery is Committed: (Article 169) a. By giving to a treasury or bank note or any instrument payable to bearer or to order mentioned therein, the appearance of a true and genuine document b. By erasing, substituting, counterfeiting, or altering by any means the figures, letters, words, or sign contained therein
4. 5.
167 Counterfeitin g Instruments Not Payable to Bearer 168 Illegal Possession and use of False Treasury or Bank Notes and Other Instruments of Credit 170 Falsification of Legislative Documents
1. 2. 3. 1.
There be an instrument payable to order or other document of credit not payable to bearer The offender either forged, imported or uttered such instrument In case of uttering, he connived with the forger or importer That any treasury or bank not or certificate or other obligation and security payable to bearer, or any instrument payable to order or other document of credit not payable to bearer is forged or falsified by another person The offender knows that any of those instruments is forged or falsified He performs any of these acts: a. using any of such forged or falsified instruments b. possessing with intent to use any of such forged or falsified instruments That there be a bill, resolution or ordinance enacted or approved or pending approval by either House of the Legislature or any provincial board or municipal council The offender alters the same He has no proper authority therefore The alteration has changed the meaning of the document
1. 2. 3.
2. 3.
1. 2. 3. 4. 5.
1. 2. 3. 4.
1. 2. 3.
Application of this article is limited to instruments payable to order It includes such instruments or document of credit issued by a foreign government or bank Connivance is not required in uttering if the utterer is the forger Intent to posses is not intent to use Possession of false treasury or bank notes alone is not a criminal offense Accused must have knowledge of forged character of the note A person in possession of falsified document and who makes use of the same is presumed to be material author of falsification It is not an impossible crime when the act performed would have been a crime of illegal possession of false treasury notes Bill, resolution or ordinance must be genuine Offender is any person The act of falsification in legislative document is limited to altering it which changes its meaning Page 19 of 75
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In falsification by making alteration or intercalation or including in a copy a different statement, there must be a genuine document that is falsified; in other paragraphs, falsification may be committed by simulating or fabricating a document Paragraph 1 a. Counterfeiting imitating any handwriting, signature or rubric b. Feigning simulating a signature, handwriting or rubric out of one which does not in fact exist Paragraph 2 when committed by a private individual, Article 172 should apply Paragraph 4 a. There must be a narration of facts, not of conclusion of law b. Legal Obligation there is a law requiring the disclosure of the truth of the facts narrated c. Person making the narration of facts must be aware of the falsity of the facts narrated by him d. Perversion of truth must be made with the wrongful intent of injuring 3rd person e. Wrongful intent not essential when the document falsified is a public document f. Good faith is a defense g. Falsification by omission is punishable Paragraph 5 Date must be essential Paragraph 7 a. liability of private individual when there is conspiracy same as public officer b. Intent to gain or prejudice not necessary
3.
2.
3. 4.
5. 6.
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2.
3.
Paragraph 1 1. Four Kinds of Documents a. Public Document created, executed or issued by a public official in response to exigencies of public service, or in execution of which a public official intervened b. Official Document issued by a public official in exercise of the functions of his office c. Private Documents deed or instrument executed by a private person without the intervention of notary public or other person legally authorized, by which document some disposition or agreement is proved, evidenced or set forth d. Commercial Documents defined and regulated by the Code of Commerce or any other commercial law 2. Mere blank form of official document is not in itself a document 3. Possessor of a certificate of tile is presumed to be the author of the falsification that made possible the transfer of title 4. Possessor of falsified document is presumed to be author of falsification Page 21 of 75
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5. Good faith is a defense Paragraph 2 1. Mere falsification is not enough; requires: a. he must have counterfeited the false document b. he must have performed an independent act which operates to prejudice 3rd person 2. Damage need not be material 3. not necessary that offender profited or hope to profit by falsification 4. Falsification may be a necessary means to commit other crimes a. no complex crime of estafa thru falsification of private document b. no falsification thru reckless imprudence if document is private and no actual damage is caused c. crime is falsification of public document, even if falsification took place before the private document becomes part of public records Generally, falsification has no attempted or frustrated stage Paragraph 3 1. Damage not necessary in crime of introducing in judicial proceedings; Intent to cause damage, at least, is required in use of falsified document in proceeding not judicial 2. User deemed author of falsification if a. the use was so closely connected in time with falsification b. the user had the capacity of falsifying the document 1. Private individual cannot be a principal by direct participation in falsification of telegraphic dispatches 2. Private individual may be held liable as principal by inducement in falsification of telegraph dispatches or telephone messages
Use in Any Other Transaction: a. that the offender knew that a document was falsified by another person b. that the false document is embraced in Article 171 or in any of subdivision no. 1 or 2 of Article 172 c. that he used such document (not in judicial proceedings) d. that the use of the false documents caused damage to another or at least it was used with intent to cause such damage
Acts Punishable 1. Uttering fictitious wireless, telegraph or telephone message a. That the offender is an officer or employee of the government or of a private corporation, engaged in the service of sending or receiving wireless, cable or telephone message b. That the offender commits any of the following acts: i. uttering fictitious wireless, cable, telegraph or telephone message ii. falsifying wireless, cable, telegraph or telephone
PC in medium and maximum falsification Penalty next lower in degree use of such falsified dispatch
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A Mayor in Maximum to PC in minimum and a fine not to exceed P1,000 A Mayor A Menor
1.
2.
Certificate any writing by which testimony is given that a fact has or has not taken place Falsification of certificate of large cattle is now covered by Article 171 or 172 and not 174
176 Mnftg and Possession of Implements for Falsification 177 Usurpation of Authority or Official Functions
PC in medium and maximum and a fine not to exceed P10,000 Penalty next lower in degree PC in minimum and medium periods
1. 2.
Implements confiscated need not form a complete set Also punished constructive possession
Two Ways of Committing the Crime: 1. By knowingly and falsely representing oneself to be an officer, agent or representative of any department or agency of the Philippine Government or any foreign government - In usurpation of authority, the mere act of knowingly and falsely representing oneself to be an officer, etc. is sufficient; it is not necessary that he performs an act pertaining to a public officer /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
1. 2.
3.
There must be positive, express and explicit representation The offender should have represented himself to be an officer, agent or representative of any department or agency of the government; or should have performed an act pertaining to a person in authority or public officer False representation may be shown by acts Page 23 of 75
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Article 177 may be violated by a public officer Article 177 does not apply to occupant under color of title Article 177 punishes usurpation of authority or official functions of any officer of any foreign government The act performed, without the offender being lawfully entitled to do so, must pertain to the government, or to any person in authority, or to any public officer If the purpose is for causing damage, it must be damage to public interest Signing a fictitious name in an application for passport is publicly using such fictitious name Where a person takes the place of another who has been convicted by final judgment, he is guilty of using a fictitious name punishable under this Article Fictitious Name any other name which a person publicly applies to himself without authority of law Com Act No. 142 regulates the use of aliases
Using Fictitious Name: 1. The offender uses a name other than his real name 2. He uses that fictitious name publicly 3. The purpose of the offender is to conceal a crime, to evade the execution of a judgment, or to cause damage to public interest Concealing True Name: 1. That the offender conceals his true name and all other circumstances 2. That the purpose is only to conceal his identity Distinction Between Use of Fictitious Name and Concealing True Name: 1. In use, the element of publicity must be present; in concealing true name, that element is not necessary 2. The purpose of use of fictitious name is any of those 3 enumerated; in concealing true name, it is merely to conceal identity 1. That the offender makes use of insignia, uniform or dress 2. That the insignia, uniform or dress pertains to an office not held by the offender or to a class of persons of which he is not a member 3. That said insignia, uniform or dress is used publicly and improperly 1. That there be a criminal proceeding 2. That the offender testifies falsely under oath against the defendant therein 3. That the offender who gives false testimony knows that it is false 4. that the defendant against whom the false testimony is given is either acquitted or convicted in a final judgment False Testimony committed by a person who, being under
1. 2. 3.
4. 5.
179 Illegal Use of Uniforms or Insignia 180 False Testimony Against a Defendant
A Mayor
1. 2.
Wearing the uniform of an imaginary office is not punishable An exact imitation of a uniform or dress is unnecessary Penalty for false testimony against the defendant in a criminal case depends upon the sentence imposed on the person against whom the false testimony was given Defendant must be sentenced at least to a correctional penalty, or a fine, or must be acquitted Witness who gave false testimony is liable even if his testimony was not considered by Page 24 of 75
RT if the defendant shall have been sentenced to death PM if defendant shall have been sentenced to RT or Perpetua
1.
2. 3.
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the court The law intends to punish the mere giving of false testimony
4.
1. 2. 3.
False testimony by negative statement is in favor of defendant The false testimony favorable to the defendant need not benefit the defendant Rectification made spontaneously after realizing the mistake is not false testimony
1. 2. 3. 4. 5.
That the testimony must be given in a civil case That the testimony must relate to the issues presented in said case That the testimony must be false That the false testimony must be given by the defendant knowing the same to be false That the testimony must be malicious and given with an intent to affect the issues presented in said case
1. 2. 3.
1. 2.
Two ways of Committing Perjury a. By falsely testifying under oath; and b. By making a false Affidavit Elements of Perjury a. That the accused made a statement under oath or executed an affidavit upon a material matter b. That the statement or affidavit was made before a competent officer, authorized to receive and administer oath c. That in the statement or affidavit, the accused made a
1. 2.
The testimony given in civil case must be false Article 182 is not applicable when the false testimony is given in special proceedings Penalty depends on amount of the controversy a. PC in minimum and a fine not to exceed P6,000 if amount in controversy shall exceed P5,000 b. A Mayor in max to PC in minimum and fine not to exceed P1,000 if amount in controversy shall not exceed said amount or cannot be estimated There must be competent proof of materiality Distinguish: a. Material when it is directed to prove a fact in issue b. Relevant when it tends in any reasonable degree to establish the probability or improbability of a fact in issue c. Pertinent when it concerns collateral matters which make more or less Page 25 of 75
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probable the proposition at issue If the false testimony given by the witness Is not important, essential or material to the principal matter under investigation, it cannot properly be held that perjury is committed No perjury if defendant subscribed and swore before a clerk in treasurers office since clerk in not a competent person authorized to administer oaths The assertion of falsehood must be willful and deliberate Good faith or lack of malice is a defense in perjury Even if there is no law, requiring the statement to be made under oath, as long as it is made for a legal purpose, it is sufficient Two contradictory sworn statements are not sufficient to convict of perjury Subornation of Perjury committed by a person who knowingly and willfully procures another to swear falsely and the witness suborned does testify under circumstances rendering him guilty Even if there was conspiracy between false witness and party who presented him, the witness having desisted before he could testify on any material matter, he is NOT liable, because desistance during the attempted stage of execution is an absolutory cause which exempts him from criminal liability Article 184 applies when the offender does not induce a witness to testify falsely Crime is consummated by mere solicitation Other artifice includes the use of trickery An attempt to cause prospective bidders to stay away from an auction by means of threats, gifts, etc, with the intent that the thing auctioned should command a lesser price, is sufficient to constitute an offense The threat need not be effective nor the offer or gift accepted for the crime to arise Reason for the Provision: execution sales Page 26 of 75
d.
3.
Oath any form of attestation by which a person signifies that he is bound in conscience to perform an act faithfully and truthfully Affidavit sworn statement in writing; a declaration in writing, made upon oath before an authorized magistrate or officer Material Matter it is the main fact which is the subject of the inquiry or any circumstance which tends to prove that fact, or any fact or circumstance which tends to corroborate or strengthen the testimony relative to the subject of inquiry, or which legitimately affects the credit of any witness who testifies Competent Person Authorized to Administer Oath a person who has a right to inquire into the questions presented him upon matters under his jurisdiction
4.
5. 6. 7. 8. 9.
1. 2. 3.
That the offender offered in evidence a false witness or false testimony That he knew the witness or the testimony was false That the offer was made in a judicial or official proceeding
1.
Offer of Evidence begins the moment a witness is called to the witness stand and interrogated by counsel 2. 185 Machinations, Monopolies, and Combinations 1. By soliciting any gift or promise as a consideration for refraining from taking part in any public auction a. That there be a public auction b. That the accused solicited any gift or promise from any of the bidders c. That such gift or promise was the consideration for his refraining from taking part in that public auction d. That the accused had the intent to cause the reduction of the price of the thing auctioned By attempting to cause bidders to stay away from an PC in minimum period and a fine ranging from 10% to 50% of the value of the thing auctioned 1. 2. 3.
4. 5.
2.
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should be opened to free and full competition in order to secure the maximum benefit for the debtors
1.
2. 3. 4.
5.
The theory in penalizing monopolies and combinations in restraint of trade is that competition, not combination, should be the law of trade Any property possessed under any contract or combination contemplated in this article, shall be forfeited to the Government The law intends to punish the mere conspiracy or combination at which it is aimed If the offense affects any food substance, motor fuel or lubricants or other article of prime necessity, it is sufficient for the imposition of the higher penalty that the initial steps have been taken toward carrying out the purposes of combination When the offense is committed by a corporation or association, the president and directors or managers are liable as principals thereof; But the president and directors or managers are only liable if they: a. knowingly permitted, or b. failed to prevent the commission of such offense
1. 2. 3.
Articles of merchandise involved: gold, silver, other precious metals, or their alloys. Selling the misbranded articles is not necessary Article 187 does not apply to manufacturer of misbranded articles made of gold, silver, etc.
Page 27 of 75
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The trade name, etc. used by the offender need not be identical with the infringed trade name, etc of the offended party; a colorable imitation is sufficient There must not be differences which are glaring and striking to the eye Mark any visible sign capable of distinguishing the foods (trademark) or service (service mark) of an enterprise and shall include a stamped or marked container The trademarks function is to indicate the origin or ownership of the goods to which it is fixed The objects of trademark are to point out distinctly the origin or ownership of the article to which it is affixed, to secure to him, who has been instrumental in brining into market a superior article of merchandise, the fruit of his industry and skill, and to prevent fraud and imposition It is not necessary that the goods of the prior user and the late user of the trademark are of the same categories The trade name or trademark must be registered Trademark must not be merely descriptive or generic The exclusive right to an originally valid trademark or trade name is lost, if for some reason it loses its distinctiveness or has become publici juris Mere offer for sale completes the commission of the crime Evidence of actual fraudulent intent is not necessary The basis for penalizing unfair competition is that no one shall, by imitating or any unfair device, induce the public to believe that the goods he offers for sale are the goods of another, and thereby appropriate to himself the value of the reputation which the other has acquired for the products or merchandise manufactured or sold by him Page 28 of 75
2. 3.
4. 5.
9.
189 Unfair Competition, Fraudulent Registration of Trade Name, trademark, or service mark, Fraudulent designation of Origin, and
1.
By selling his goods, giving them the general appearance of the goods of another manufacturer or dealer (Unfair Competition) a. That the offender gives his goods the general appearance of the goods of another manufacturer or dealer b. That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of their packages, or in the (c) device or words therein, or (d) any other feature of their appearance c. That the offender offers to sell(s) those goods or gives other persons a chance or opportunity to do the same
1. 2. 3.
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The true test of unfair competition is whether certain goods have clothed with an appearance which is likely to deceive ordinary purchaser exercising ordinary care, and not whether a certain limited class of purchaser with special knowledge not possessed by the ordinary purchaser could avoid mistake by the exercise of this special knowledge Master is liable for acts of servant Infringement of Trademark or Tradename distinguished from Unfair Competition a. UC is broader and more inclusive b. In UC, the offended party has identified in the mind of the public the goods he manufactures or deals in from those of others; while in infringement, the offended party has identified a peculiar symbol/mark with his goods and thereby has acquired a property right in such symbol/mark c. In UC, the offender gives his goods the general appearance of the goods of another manufacturer / dealer and sells the same; while in infringement, the offender uses the trademark or tradename of another manufacturer or dealer and sells his goods on which the trademark is affixed The use of duly stamped or marked containers is regulated
3.
5. 6.
Smuggling or Illegal Importation: requisites: 1. that the merchandise must have been fraudulently or knowingly imported contrary to law 2. that the defendant, if he is not the importer himself, must have received, concealed, bought, sold or in any manner facilitated the transportation, concealment or sale of the merchandise 3. that the defendant must be shown to have knowledge that the merchandise had been illegally imported
7. Repealed by Dangerous Drugs Act of 1972 Amended by PD 1602 Prescribing Stiffer Penalties in Illegal Gambling 196 Acts Punished: Importation, 1. By importing into the Philippines from any foreign place or sale and port any lottery ticket or advertisement Possession of 2. By selling or distributing the name in connivance with the Lottery importer Tickets or 3. By possessing, knowingly and with intent to use, lottery Ads tickets or advertisements 4. By selling or distributing the same without connivance with the importer /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer 190 194 195 199
A Mayor in maximum to PC in minimum or a fine ranging from P200 to P2,000, or both importation or selling and distributing A Menor or fine
1.
2. 3. 4.
The possession of any lottery ticket or advertisement is prima facie evidence of an intent to sell, distribute or use of the same If the defendant can establish that he did not know of the existence of the lottery ticket, the presumption is destroyed It is not necessary that the lottery tickets be genuine, as it is enough that they be given the appearance of lottery tickets If the lottery tickets are counterfeit, they Page 29 of 75
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cannot give rise to the evil sought to be eradicated
A Menor or fine not exceeding P200, or both A Mayor or a fine from P200 to P2,000, or both
1. 2.
Totalizer machine for registering and indicating the number and nature of bets made on horse races Horse Races Prohibited on: a. July 4th of every year
b.
2. 3.
Amended by PD 449 Cockfighting Law of 1974 Persons Liable: 1. Any person who directly or indirectly participates in cockfighting, by betting money or other valuable things, or who organizes cockfights at which bets are made, on a day other than those permitted by law 2. Any person who directly or indirectly participates in cockfights, by betting money or other valuable things, or organizes such cockfights, at a place other than a licensed cockpit 1. That the offender performs an act(s) 2. That such act(s) be highly scandalous as offending against decency or good customs 3. That the highly scandalous conduct is not expressly falling within any other article of this Code 4. That the act or acts complained of be committed in a public place or within the public knowledge or view Grave Scandal consists of acts which are offensive to decency and good customs which, having been committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same
1. 2.
December 30th of every year c. Any registration or voting days d. Holy Thursday and Good Friday The race held on the same day and at the same place is punishable as separate offenses There is no liability if there is no betting or use of totalizer Permitting gambling of any kind in cockpit is punished under the same Decree Spectators in a cockfight are not liable
1. 2.
201 Publicity is essential Immoral Doctrines, Moral conformity with the generally accepted standards of Obscene goodness or rightness in conduct or character /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Decency propriety of conduct; proper observance of the requirements of modesty, good taste, etc. Customs established usage, social conventions carried on by tradition and enforced by social disapproval of any violation thereof If the act(s) of the offender are punished under another article of this code, Article 200 is not applicable The acts must be performed in a public place or within the public knowledge or view The author of obscene literature is liable only when it is published with his knowledge In every case, the editor publishing is liable The test of obscenity is whether the tendency Page 30 of 75
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of the matter charged as obscene is to deprave or corrupt those minds are open to such immoral influences, an d into who shads such a publication may fall and also whether or not such publication or act shocks the ordinary and common sense of men as an indecency Mere nudity in pictures or paintings is not an obscenity Give Away should be read as distribute Pictures with slight degree of obscenity not used for arts sake but for commercial purposes, fall under this Article The object of the law is to protect the morals of the public Disposition of articles to be forfeited in favor of the government Only par. 1 and 2 requires absence of visible means of support Mendicancy and abetting mendicancy are punished Giving of alms thru organized agencies operation under the rules and regulations of the Ministry of Public Information is not a violation of the Mendicancy Law Dissolute lax, unrestrained, immoral Ruffians brutal, violent, lawless persons Pimp one who provides gratification for the lust of others Sexual intercourse is not absolutely necessary
4. 5. 6. 7. 8. 1. 2. 3.
4. 5. 6. 7.
Taking part in the performance of public functions in the Government, or performing in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and 2. That his authority to take part in the performance of public /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
1.
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203 Who are Public Officers 204 Knowingly Rendering Unjust Judgment
2. 3. 4.
2.
1. 2.
That the offender is a judge; That he performs any of the following acts: a. knowingly renders unjust interlocutory order or decree; or b. renders a manifestly unjust interlocutory order or decree thru inexcusable negligence or ignorance
1.
2.
1. The term public officers embraces every public servant from the highest to the lowest 2. Temporary performance of public functions by a laborer makes him a public officer Judgment final consideration and determination of a court of competent jurisdiction upon the matters submitted to it, in an action or proceeding Unjust Judgment one which is contrary to law, or is not supported by the evidence, or both An unjust judgment is rendered knowingly, when it is made deliberately and maliciously Sources of Unjust Judgment: a. Error no liability for error in good faith b. Ill-will or Revenge c. Bribery There must be evidence that the judgment is unjust it cannot be presumed Judgment must be contrary to law and not supported by evidence There must be evidence that the judge knew that his judgment is unjust A manifestly unjust judgment is one so manifestly contrary to law, that even a person having a meager knowledge of the law cannot doubt the injustice Abuse of discretion or mere error of judgment, where there is not proof or even allegation of bad faith, or ill motive, is not punishable Interlocutory Order issued by court between commencement and end of a suit or action and which decides some point/matter but which, however, is not a final decision of matter in issue Test in Determining: Does it leave something to be done in the trial court with respect to the merits of the case? a. if it does it is interlocutory b. if it doesnt it is final Page 32 of 75
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Mere delay without is not a felony under this article Delay is Malicious the delay is cause by the judge with deliberate intent to inflict damage on either party in the case Negligence under this article is not merely lack of foresight or skill, but neglect of duties of office by maliciously failing to move the prosecution and punishment of the delinquent Malice is an important element Officers of the Law includes all those of the prosecution who, by reasons of the position held by them, are duty-bound to cause the prosecution (includes Chief of Police and barrio lieutenant) Maliciously signifies deliberate intent Crime committed by the law-violator must be proved first before the person charged with dereliction can be made liable RPC not applicable to revenue officers Under first act, there must be DAMAGE to his client Under 2nd act, damage is NOT necessary
Acts Punishable: 1. By maliciously refraining from institution prosecution against violators of the law 2. By maliciously tolerating the commission of offenses Elements: 1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses 2. That there is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal or knowing that a crime is about to be committed, he tolerates its commission
2. 3.
4. 5. 6. 1.
Acts Punished: 1. By causing damage to his client, either (a) by any malicious breach of professional duty, (b) by inexcusable negligence or ignorance 2. By revealing any of the secrets of his client learned by him in his professional capacity 3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client Acts Punishable in Direct Bribery: 1. By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present and act constituting a crime, in connection with the performance of his official duties 2. By accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty
2. 3.
By agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of gift or promise /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
3.
PM in medium and maximum and fine of not less than value of gift and not less than 3x value of gift, in addition to the penalty corresponding to crime agreed upon and Special Temporary Disqualification
Under 3rd act, if the client consents to the attorneys taking the defense of the other party, there is no crime 4. Procurador Judicial a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before an inferior court First Element: 3. Temporary performance of public functions is sufficient to constitute a person a public officer 4. It is believed that it does not cover a private individual because the additional penalty of STD has no practical application Second Element: 1. Gift may be received by public officer himself or thru a 3rd person Page 33 of 75
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Bribery exists: a. when the gift is offered voluntarily by a private person b. when the gift is solicited by a public officer and the private person voluntarily delivers it to the public officer c. when the gift is solicited by a public officer, as the consideration for his refraining from the performance of an official duty and the private person A promise of gift to a public officer who accepts such promise is sufficient under 1st paragraph In 2nd paragraph, the gift must be ACCEPTED If the offer is not accepted, only the person offering the gift is criminally liable The gift must have a value or be capable of pecuniary estimation
Elements: 1. That the offender be a public officer within scope of Article 203 2. That the offender accepts an offer or a promise or receives a gift or present by himself or thru another 3. That such offer or promise be accepted, or gift or present received by the public officer: a. with a view to committing some crime; or b. in consideration of the execution of an act which does not constitute a crime, but the act must be unjust c. to refrain from doing something which it is his official duty to do 4. That the act which the offender agrees to perform or which he executes be connected with the performance of his official duties Prevaricacion (Art. 208) Distinguished from Bribery: 1. Both are committed by refraining doing something which pertains to the official duty of the officer 2. In bribery, the offender refrained from doing his official duty in consideration of a gift received or promised; while in crime of prevaricacion this element is NOT necessary
3. 4.
5. 6.
1. 2. 3.
That the offender is a public officer That he accepts gifts That the said gifts are offered to him by reason of his office
Direct Bribery Distinguished from Indirect Bribery: 1. In both, the public officer receives a gift 2. In direct bribery, there is an agreement between the public officer and the giver; in indirect bribery, usually, no such agreement exists 3. In direct bribery, the offender agrees to perform or performs an act or refrains from doing something, because /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
A Mayor, suspension in minimum and medium and public censure No attempted or frustrated indirect bribery
Third Element: 1. The act which the public officer agrees to perform must be connected with the performance of official duties 2. It is not bribery if the act is in discharge of a mere moral duty 3. The fact that the act agreed to be performed is in excess of his power, jurisdiction, or authority is no defense, EXCEPT: if act is so foreign to duties of office as to lack even color of authority 4. In bribery, the gift or present must be given to the public officer to corrupt him 1. The gift is usually given to the public officer in anticipation of future favor from the public officer 2. There must be a clear intention on the part of the public officer to take the gift so offered and consider the same as his own property 3. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is NOT sufficient to lead the court to conclude that the crime of indirect bribery has been committed Page 34 of 75
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People vs. Pamplona (pg. 361) considered indirect bribery even if there was a sort of agreement between public officer and giver; reason: the act executed by the accused was NOT unjust, therefore it cannot be direct bribery
212 Corruption of Public Officials 213 Frauds Against the Public Treasury and Similar Offenses
1.
That the offender offers or promises or gives gifts or presents to a public officer 2. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery Acts Punishable as Frauds Against Public Treasury: 1. By entering into any agreement with any interested party or speculator or making use of any other scheme, to defraud the government, in dealing with any person with regard to furnishing supplies, the making of contracts, or the adjustment or settlement of accounts relating to property or funds. 2. By demanding, directly or indirectly, the payment of sums different form or larger than those authorized y law, in the collection of taxes, licenses, fees, and other imposts. 3. By failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts 4. By collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts Elements of Frauds against Public Treasury:
1. 2. 3. 1.
2.
3. 4. 5. 6. 7.
Offender in this article is the giver or offeror The public officer sought to be bribed, is not criminally liable, unless he accepts the gift or consents Bribery is usually proved by evidence acquired in entrapment Public officer must act in his official capacity the public officer must have the duty to deal with any person with regard to furnishing supplies, etc. The crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud the government It is not necessary that the government is actually defrauded by reason of the transaction. It is sufficient that the government is actually defrauded by reason of the transaction. Mere demand for larger or different amount is sufficient to consummate the crime Collecting officer must issue official receipts to be guilty of illegal exactions When there is DECEIT in demanding greater Page 35 of 75
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fees than those prescribed by law, the crime committed is estafa and not illegal exaction. 8. Tax collector need not account for tax collected 9. If a tax collector collected a sum larger than that authorized by law and spent all of them is guilty of 2 crimes; a. Illegal exaction, for demanding a greater amount b. Malversation, for misappropriating the amount extracted 10. Officer or employee of BIR or BOC not covered by this article In addition to the penalties prescribed in the provisions of Chapter 6, Title 10, Book 2 of this Code, the penalty of TSD in maximum to PSD 1. 2. The public officer must take advantage of his official position Frauds and Deceits Enumerated in Chapter 6, Title 10, Book 2 of this Code: a. Estafa b. Other Forms of Swindling c. Swindling a Minor d. Other Deceits The RTC, and not the MTC, has jurisdiction when this article is involved, regardless of amount or penalty involved because the MTC has not jurisdiction to impose the penalty of disqualification The transaction must be one of exchange or speculation It is sufficient that the appointive officer has an interest in any transaction of exchange or speculation Purchasing of stocks or shares in a company is simply an investment and is not a violation of the article Buying regularly securities for resale is speculation Appointive officer should not devote himself to commerce
4.
Elements of Illegal Exaction: 1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts 2. He is guilty of acts 2, 3 and 4 (above in Acts Punishable as Frauds Against Public Treasury) Elements of the Crime: 1. That the offender is a public officer 2. That he takes advantage of his official position 3. That he commits any of the frauds or deceits enumerated in Articles 315 to 318
3.
1. 2. 3. 4.
That the offender is an appointive public officer That he becomes interested, directly or indirectly, in any transaction of exchange or speculation That the transaction takes place within the territory subject to his jurisdiction That he becomes interested in the transaction during his incumbency
1. 2. 3. 4. 5.
Example of Appointive Public Officer: - justices, judges or fiscals, employees engaged in the collection and administration of public funds
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Actual fraud is not necessary Intervention must be by virtue of public office held An officer who intervenes in contract or transaction which has no connection with his office CANNOT commit the crime defined in Article 218
PC in medium and maximum if amount does not exceed P200 PM minimum and medium if amount is more than P200 by not exceeding P6,000 PM maximum to RT minimum, if amount more than P6,000 but less than P12,000 RT medium and maximum, if amount more than P12,000 but less than P22,000 RT maximum to RP if amount exceeds P22,000
1.
The offender in malversation under this article must be a public officer defined in Article 203 2. Nature of the duties of the public officer, not name of office, is controlling 3. Funds or property must be received in official capacity 4. When a public officer had no authority to receive the money for the government and upon receipt if the same he misappropriated it, the crime committed is estafa 5. A public officer having only a qualified charge of government property without authority to part with physical possession of it unless upon order from his immediate superior, cannot be held liable for malversation (Webster and Wickersham rulings) 6. Webster and Wickersham cases not applicable when the accused had authority to receive money pertaining to the government 7. A private person conspiring with an accountable public officer in committing malversation is also guilty of malversation 8. Government funds include revenue funds and trust funds 9. Private property may be involved in malversation 10. The measure of negligence is the standard of care commensurate with the occasion 11. In malversation not committed thru negligence, lack of criminal intent or good faith is a defense 12. Presumption from failure to have duly Page 37 of 75
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forthcoming public funds or property upon demand: Prima Facie evidence that he has put such to personal use Presumption may be rebutted The return of the funds is only mitigation, not exempting circumstance When a shortage is paid by the public officer from his pocket, he is not liable for malversation Borrowing money to replace funds malversation Borrowing money to replace funds when missing amount is found in some unaccustomed place, he is NOT liable Previous demand is not necessary in malversation in spite of last paragraph of Article 217 A person whose negligence made possible the commission of malversation by another can be held liable as principle by indispensable cooperation in complex crime of malversation thru falsification of a public document by reckless negligence Damage to the government is NOT necessary Demand for accounting is not necessary Reason why Mere Failure to Render Account is Punishable: performance of the duty Misappropriation is not necessary in order to be liable under this article
218 Failure of Accountable Officer to Render Accounts 219 Failure to Render Accounts before Leaving the Country
1. 2. 3. 4. 1. 2. 3.
That the offender is a public officer, whether in the service or separated therefrom That he must be an accountable officer for public funds or property That he is required by law or regulation to render accounts to the COA, or to a provincial auditor That he fails to do so for a period of two months after such accounts should be rendered That the offender is a public officer That he must be an accountable officer for public funds or property That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from COA a certificate showing that his accounts have been finally settled
20. 1. 2. 3.
The act of leaving the country must be unauthorized or not permitted by law
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The public finds or property must be appropriated by law or ordinance for a particular purpose 2. Illegal Use of Public Funds or Property Distinguished from Malversation under Article 217: a. Both crimes offenders are accountable public officers b. Illegal Use of Public Funds/Property offender does not derive any personal gain or profit; Malversation offender in certain cases profits from proceeds of crime c. Illegal Use public fund/property is applied to another public use; Malversation public fund or property is applied to personal use and benefit of offender or of another person Refusal to make delivery of property must be MALICIOUS.
Purpose: to extend the provision of this Code on malversation to private individuals Sheriffs and receivers fall under the term administrator Judicial administrator is not covered by this article Private property is included, provided it is attached, seized, or deposited with public authority
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Connivance with the prisoner in his escape is an indispensable element 2. Detention Prisoner person in legal custody, arrested for, and charged with, some crime or public offense 3. Release of detention prisoner who could not be delivered to the judicial authority within the time fixed by law, is not infidelity in the custody of the prisoner 4. Leniency or laxity is not infidelity (e.g. prisoner allowed to eat in restaurant near municipal building) 5. Relaxation of Imprisonment is considered infidelity 1. The prisoner is either a convict by a final judgment or detention prisoner 2. What is punished invasion thru negligence is such a definite laxity as all but amounts to deliberate non-performance of duty on the part of the guard (e.g. falling asleep, lack of adequate precautions) 3. The fact that public officer recaptured the prisoner does not afford complete exculpation This article does not apply if a private person was the one who made the arrest and consented to the escape of the person he arrested
1. 2. 3.
That the offender is a public officer That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment That such prisoner escapes thru his negligence
225 Escape of Prisoner under the Custody of a Person not a Public Officer 226 Removal, Conceal-ment or Destruction of Documents
Liability of Escaping Prisoner: 1. Convict by reason of final judgment Article 157 2. Detention Prisoner no liability 1. That the offender is a private person 2. That the conveyance or custody of a prisoner or person under arrest is confided to him 3. That the prisoner or person under arrest escapes 4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place thru his negligence 1. That the offender be a public officer 2. That he abstracts, destroys or conceals documents or papers Infidelity in Custody of Document distinguishedreceived 1. Malversation and Falsification when postmaster from money orders, signed as payee, collected and appropriated the respective amounts 2. Infidelity in Custody of Papers when postmaster receives letters/envelopes containing money orders, and MO are not sent to addressees, the postmaster cashing the same for his own benefit Document written instrument by which something is proved or made of record
Penalty next lower in degree than that prescribed for the public officer PM and fine not exceeding P1,000 serious damage PC minimum and medium and fine not exceeding P1,000 damage not serious
3. 4. 5. 6. 7. 8.
Public officer must be officially entrusted with the documents or papers The document must be COMPLETE and one by which a right could be established or an obligation could be extinguished Books, periodicals, pamphlets, etc. are not documents Papers includes checks, promissory notes, and paper money Post office official who retained the mail without forwarding to their destination is guilty under this article. Money bills received as exhibits in court are Page 40 of 75
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papers 9. The removal must be for an illicit purpose 10. The removal is for an illicit purpose when intention is to a. tamper with it, or b. to profit by it; or c. to commit an act constituting breach of trust in official care thereof 11. Deemed consummated upon removal from or secreting away from usual place in the office and after offender had gone out and locked the door 12. Infidelity in custody by destroying or concealing it does not required proof of illicit purpose 13. There must be damage, great or small 1. It is the breaking of the seals, not the opening of a closed envelope, which is punished 2. Damage or intent to cause damage is NOT necessary 1. Custody guarding; keeping safe; care 2. Closed documents must be entrusted to the custody of the accused by reason of his office 3. The act should not fall under Article 227 (Breaking of Seal) 4. Damage or intent to cause damage NOT element 1. Acts Punishable: a. By revealing any secrets known to the offending public officer by reason of his official capacity b. By delivering wrongfully papers or copies of his papers which he may have charge and which should NOT be published 2. Secrets must affect public interests 3. Espionage is not contemplated in this article 4. This article only punishes minor official betrayals, infidelities of little consequence, affecting usually the administration of justice, executive or official duties, or the general interest of the public order 5. Offender must have charge of papers or Page 41 of 75
1. 2. 3. 4. 1. 2. 3. 4.
That the offender is a public officer That he is charged with the custody of papers or property That these papers or property are sealed by proper authority That he breaks the seals or permits them to be broken That offender is a public officer That any closed papers, documents, or objects are entrusted to his custody That he opens or permits to be opened said closed papers, documents or objects That he does not have proper authority
PC minimum and medium, TSD and fine not exceeding P2,000 A Mayor, TSD and fine not exceeding P2,000
Elements of No. 1: 1. That the offender is a public officer 2. That he knows a secret by reason of his official capacity 3. That he reveals such secret without authority or justifiable reasons 4. That damage, great or small, be cause to the public interest Elements of No. 2: 1. That the offender is a public officer 2. That he has charge of papers 3. That those papers should not be published 4. That he delivers those papers or copies thereof to a 3rd person 5. That the delivery is wrongful 6. That damage be caused to public interest
PC medium and maximum, PSD, and fine not exceeding P2,000 serious damage PC minimum, TSD, and fine not exceeding P500 not so serious
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copies of papers Damage is an element under Article 229 Revelation to one person is sufficient, for public revelation is not required. When the offender is an attorney at law or a solicitor, Article 209 is applicable and not 230 Damage to private individuals not necessary
230 Public Officer Revealing Secrets of Private Individual 231 Open Disobedience
Revelation Distinguished from Infidelity: 1. Papers contain Secrets revelation 2. Papers do not contain Secrets - Infidelity 1. That the offender is a public officer 2. That he knows of the secrets of a private individual by reason of his office 3. That he reveals such secrets without authority or justifiable reason 1. 2. 3. 4. That the offender is a judicial or executive officer That there is a judgment, decision or order of a superior authority That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all legal formalities That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey That the offender is a public officer That an order is issued by his superior for execution That he has for any reason suspended the execution of such order That his superior disapproves the suspension of the execution of the order That the offender disobeys his superior despite the disapproval of the suspension That the offender is a public officer That a competent authority demands from the offender that he land his cooperation towards the administration of justice or other public service That the offender fails to do so maliciously
6. A Mayor and fine not exceeding P1,000 1. 2. 3. A Mayor medium to PC minimum, TSD maximum, and fine not exceeding P1,000
The act constitution the crime is the open refusal to execute judgment, decision or order
232 Disobedience to Order of Superior Officer, When Said Order was Suspended by Inferior Officer 233 Refusal of Assistance
1. 2. 3. 4. 5.
1. 2.
Reason for Provision: superior officer may sometimes err, or orders may proceed from a mistaken judgment The article does not apply if the order of the superior is illegal
1. 2. 3.
A Mayor medium to PC minimum, PSD and fine not exceeding P1,000 serious damage A Mayor medium and maximum, fine not exceeding P500 not so serious damage
1. 2.
Demand must be from a competent authority Damage to public interest is essential, great or small
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Refusal must be without legal motive Reason for Provision: matter of duty to discharge duties of said office Article 234 NOT applicable to appointive officer The public officer must have actual charge of the prisoner to hold him liable fro maltreatment of prisoner Offended party must be a convict or detention prisoner To be detention prisoner, the person arrested must be placed in jail even for a short while The maltreatment must relate to the correction or handling of the prisoner, or must be for the purpose of extorting a confession or of obtaining some information from the prisoner If physical injuries were due to a personal grudge, it would not fall under this article Offender may also be liable for physical injuries or damage caused No complex crime of maltreatment with serious or less serious physical injuries
PC medium period to PM in minimum, in addition to liability for physical injuries or damages caused under paragraph 1
1. 2. 3. 4. 1. 2. 3.
That the offender is entitled to hold a public office or employment, either by election or appointment That the LAW requires that he should first be sworn in and/or should first give a bond He assumes performance of duties and powers of such office That he has not taken his oath and/or given bond required That the offender is holding a public office That the period provided by law, regulations or special provisions for holding such office, has already expired That he continues to exercise the duties and powers of such office
PM in minimum, TSD and fine not exceeding P6,000, in addition to liability for physical injuries or damage caused Suspended until complied with formalities and fine from P200P500 PC minimum, TSD minimum, and fine not exceeding P500
5. 6. 7.
Public officer who has been suspended, separated, declared overaged, or dismissed cannot continue to perform the duties of his office
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There must be a written or formal resignation Abandonment Distinguished from Negligence in Prosecution of Offenses (Article 208): a. Abandonment committed by any public officer; Article 208 committed by public officers who have the duty to institute prosecution for punishment of violation of the law b. Abandonment public officer abandons office to evade discharge of duties; Article 208 public officer does not abandon office
Qualifying Circumstance: preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title 3 of Book 2 (Crimes against National Security and Law of Nations and Crimes against Public Order) 239 Usurpation of Legislative Powers 240 Usurpation of Executive Functions 241 Usurpation of Judicial Functions 242 Disobeying Request for Disqualificati on 243 Orders or Requests by Executive Officer to any Judicial Authority 1. 2. 1. 2. 1. 2. 1. 2. 3. 4. 1. 2. 3. That the offender is a executive or judicial officer That he makes general rules or regulations beyond the scope of his authority, or attempts to repeal a law, or suspends the execution thereof That the offender is a judge That he assumes a power pertaining to the executive authorities, or obstructs the executive authorities in the lawful exercise of their powers That the offender is an officer of the executive branch of the government That he assumes judicial powers, or obstructs the execution of any order or decision rendered by any judge within his jurisdiction That the offender is a public officer That a proceeding is pending before such public officer That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided That he has been lawfully required to refrain from continuing the proceeding That the offender is an executive officer That he addressed any order or suggestion to any judicial authority That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice
Legislative officers are not liable for usurpation of powers only Article 177 (Usurpation of authority or official functions) Articles 239-241 punish interference by officers of one of the 3 departments of government with function of officers of another department
1. 2.
Purpose of the provision is to maintain the independence of the judiciary Legislative or judicial officers are not liable under Article 243
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The offense is committed by nominating or by appointing. Recommending is not a crime There must be law that provides for the qualifications or a person to be nominated or appointed to a public office Solicit propose earnestly and persistently something unchaste and immoral to a woman The advances must be immoral or indecent The crime is consummated by mere proposal Proof of solicitation is not necessary when there is sexual intercourse
246 Parricide
1. 2. 3.
RP to Death
1. 2. 3. 4. 5. 6. 7. 8.
Note: 1. Other ascendants or descendants must be legitimate 2. Father, mother, or child may be legitimate or illegitimate
Relationship of the offender with the victim is the essential element of this crime Parents and children are not included in the term ascendants or descendants The child should not be less than 3 days old, otherwise the crime is infanticide Spouse must be legitimate Relationship must be alleged There is crime of parricide thru reckless imprudence There is also parricide by mistake A stranger who cooperates in parricide will not be guilty of parricide by only homicide or murder Required to be a legally married person The article does not seem to require that the parent be legitimate, it requires only that she is under 18 and that she is living with her parents The article does not seem to apply to a married daughter Surprising the spouse or daughter in ACT of sexual intercourse in indispensable This article is not applicable when the Page 45 of 75
1.
2. 3.
That a legally married person or a parent surprises his spouse or his daughter, the latter under 18 years of age and living with him, in the act of committing sexual intercourse with another person That he or she kills any or both, of them or inflicts upon any or both of them any serious physical injury in the act or immediately thereafter That he has not promoted or facilitated the prostitution of his wife or daughter, or that he or she had not consented to the infidelity of the other spouse
* Note: This article does not define and penalize a penalty Destierro if accused killed or inflicted serious physical injuries
1.
2.
3. 4. 5.
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accused did not see his spouse in the act of sexual intercourse with another person It is enough however that the circumstances show reasonably that the carnal act is being committed or has just been committed There is conflict of opinion on whether sexual intercourse includes preparatory acts The killing or inflicting of injuries must be: (a) in the act of sexual intercourse, or (2) immediately thereafter The discovery, the escape, the pursuit and the killing must all form part of one continuous act The killing must be the direct by-product of the accuseds rage The killing of the spouse by accused must be by reason of having surprised her in the act of sexual intercourse with another person Article 247 applies only when spouse surprises other spouse in flagrant adultery No criminal liability if physical injuries are less serious or slight Accused cannot be held liable for injuries sustained by 3rd persons as a result thereof, since he was NOT committing a felony The offender must have intent to kill to be liable for murder committed by means of fire, or other means enumerated in par. 3 of Article 248 Killing a person with treachery is murder even if there is no intent to kill Rules for application of the circumstances which qualify the killing to murder: a. Murder will exist with only one of the circumstances described in Article 248 b. When the other circumstances are absorbed or included in one qualifying circumstance, they cannot be considered as generic aggravating c. Any of the qualifying circumstances enumerated in Article 248 must be ALLEGED in the information Treachery and premeditation are inherent in Page 46 of 75
Surprise to come upon suddenly and unexpectedly Cases when Parricide is not punished with RP to Death: 1. Parricide committed through negligence (Article 365) 2. When it is committed by mistake (Article 249) 3. When it is committed under exceptional circumstances (Article 247) * Note: - Justification for this article: burst of passion
14.
248 Murder 1. 2. 3. 4. That a person was killed That the accused killed him That the killing was attended by any of the qualifying circumstances mentioned in Article 248 The killing is not parricide or infanticide RP to Death 1.
2. 3.
Murder unlawful killing of any person which is NOT parricide or infanticide, provided the following circumstances are present: 1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense, or of means or persons to insure or afford impunity 2. In consideration of a price, reward or promise 3. By means of inundation, fire, poison, explosion, shipwreck, stranding of vessel, derailment or assault upon a railroad, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
4.
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murder by poison When the intention of accused was merely to sexually excite a woman, and not to kill her, the crime is homicide Outraging commit an extremely vicious or deeply insulting act Scoffing jeer, and implies a showing of irreverence Penalty for homicide will be one degree higher when the victim is under 12 years of age Intent to kill is conclusively presumed when death results Evidence of intent to kill is important only in attempted or frustrated homicide Intent to kill must be proven beyond reasonable doubt That the death of the deceased was due to his refusal to be operated on is NOT a defense The killing must not be justified No offense of frustrated homicide thru imprudence Where the wounds that caused death were inflicted by 2 different persons, even if they were not in conspiracy, each of them is guilty of homicide This article is permissive, not mandatory Court may impose penalty 2 degrees lower for frustrated parricide, murder or homicide Court may impose penalty 3 degrees lower for attempted parricide, murder or homicide An attempt against the life of the Chief Executive, etc. is punishable by death When there are two identified groups of men who assaulted each other, then there is no tumultuous affray The person killed in the course of the affray need not be one of the participants in the affray If the one who inflicted the fatal wound is Page 47 of 75
5. 6. 7. RT 1. 2. 3. 4. 5. 6. 7. 8.
249 Homicide
9. 1. 2. 3. 4. 1. 2. 3.
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know, the crime is NOT homicide in tumultuous affray but HOMICIDE under Article 249 against the one who inflicted the fatal wound The serious physical injuries, if inflicted by one of the participants, should not be the cause of the death of the deceased
Tumultuous Affray the disturbance is caused by more than three persons who are armed or are provided with means of violence Persons Liable for Death in Tumultuous Affray: 1. Person(s) who inflicted the serious physical injuries 2. If it is not known who inflicted the serious physical injuries on the deceased, all the persons who used violence upon the person of the victim are liable, but with lesser liability 1. That there is a tumultuous affray as referred to in the preceding article 2. That a participant(s) thereof suffer serious physical injuries or physical injuries of a less serious nature only 3. That the person responsible therefore cannot be identified 4. That all those who appear to have used violence upon the person of the offended party are known
1st paragraph Penalty next lower in degree than that provided for the physical injuries so inflicted 2nd Paragraph A Mayor from 5 to 15 days PM any person who shall assist another to commit suicide RT lending assistance to the extent of doing the killing himself A Mayor medium and maximum if suicide is not consummated
1. 2.
3.
4.
Victim must be one or some of the participants in the affray Only the one who used violence in liable The 2nd paragraph seems to refer to less serious physical injuries It is believed that in providing the penalty of Arresto Mayor for physical injuries of a less serious nature in a tumultuous affray, the legislature intended to EXCLUDE slight physical injuries This article does not distinguish and does not make any reference to the relation of the offender with the person committing suicide A person who attempts to commit suicide is not criminally liable A pregnant woman who tried to commit suicide by means of poison, but instead of dying, the fetus in her womb was expelled is NOT liable for abortion Assistance to suicide is different from mercykilling Euthanasia practice of painlessly putting to death a person suffering from some incurable disease Euthanasia is not lending assistance to suicide. In euthanasia, the person killed does not want to die. A doctor who resorts to mercy killing of his Page 48 of 75
Acts Punishable as Giving Assistance to Suicide: 1. By assisting another to commit suicide, whether the suicide is consummated or not 2. By lending his assistance to another to commit suicide to the extend of doing the killing himself
1. 2. 3.
4.
5.
6. 7.
Vena V. Verga
patient may be liable for suicide
1. 2.
That the offender discharges a firearm against or at another person That the offender has no intention to kill that person
PC minimum and medium any person who shall shoot at another firearm unless frustrated or attempted parricide, murder or homicide, or any other crime for which a higher penalty is prescribed by articles of this code
1. 2. 3. 4. 5.
6.
7. 8.
255 Infanticide
1. 2. 3.
That a child was killed That the deceased child was less than 3 days (72 hours) of age That the accused killed the said child
Penalty provided for parricide (Art. 246) and Murder (Art. 248) PM medium and maximum if committed by the mother of child for purposes of concealing dishonor RT if crime committed for same purpose by maternal grandparents or either of them
1.
Infanticide killing of any child less than three days of age, whether the killer is the parent or grandparent, any other relative of the child, or a stranger
2. 3. 4. 5.
6.
There must be no intention to kill The purpose of offender is only to intimidate or frighten the offended party If the firearm is NOT discharged at a person, there is no crime of discharge of firearm Discharge towards the house of victim is not illegal discharge of victim Firing a gun against the house of the offended party at random, not knowing in what part of the house the people inside were, is only crime of Alarm Complex crime of illegal discharge of firearm with serious or less serious physical injuries when in illegal discharge of firearm, the offended party is hit and wounded There is no complex crime when only slight physical injuries (light felony) are inflicted A public officer who fires his revolver in the air in order to capture some gamblers and to prevent them from escaping is NOT guilty of this crime The penalty is for parricide or murder, but the name of the crime is always infanticide a. Father or mother or legitimate ascendant who kills child of less than 3 days old to suffer penalty of parricide b. Other persons who kills a child less than 3 days old to suffer the penalty for murder Concealing dishonor is not an element of infanticide; it merely mitigates the liability of mother or maternal grandparents Reason for mitigating circumstance: obfuscation for fear of dishonor Delinquent mother who claim concealing dishonor must be of good reputation No crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life when it was killed A fetus about 6 months old cannot subsist by Page 49 of 75
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itself, outside the maternal womb
Ways of Committing Intentional Abortion: 1. By using any violence upon the person of the pregnant woman 2. By acting, but without using violence, without the consent of the woman (by administering drugs or beverages upon such pregnant woman without her consent) 3. By acting (by administering drugs or beverages), with the consent of the pregnant woman Elements: 1. That there is a pregnant woman 2. That violence is exerted, or drugs or beverages administered, or that the accused otherwise acts upon such pregnant woman 3. That as a result of the use of violence or drugs or beverages upon her, or any other act of the accused, the fetus dies, either in the womb or after having been expelled therefrom 4. That the abortion is intended 1. That there is a pregnant woman 2. That violence is used upon such pregnant woman without intending an abortion 3. That the violence is intentionally exerted 4. That as a result of the violence, the fetus dies, either in the womb or after having been expelled therefrom * Note: - Violence is actual physical force
RT if he shall use any violence upon the person of the pregnant woman PM if, without using violence, he shall act without the consent of the woman PC medium and maximum if woman shall have consented
1.
2.
Persons Liable for Intentional Abortion a. Person who intentionally caused abortion under Article 256 b. Woman, if she consented under Art. 258 c. Woman, if she did not consent NOT liable Abortion distinguished from Infanticide a. Infanticide if fetus can sustain an independent life after its separation from the maternal womb, and is killed b. Abortion otherwise
1. 2. 3. 4. 5. 6. 7.
That there is a pregnant woman who has suffered an abortion 2. That the abortion is intended 3. That the abortion is caused by: a. the pregnant woman herself b. any other person, with her consent c. any of her parents, with her consent, for the purpose of /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
1.
PC medium and maximum woman who practices abortion on herself; parents of woman or
1.
2.
This crime is committed only by violence The violence must be intentionally exerted There is unintentional abortion thru imprudence There are conflicting decisions on whether the accused is liable for abortion even if he did not know that the woman was pregnant There is a complex crime of homicide with unintentional abortion There is complex crime of parricide with abortion Article 257 does not apply when there is no intent to cause abortion and there is no violence Woman is liable: a. when she shall practice an abortion upon herself b. when she shall consent that any other person should do so Liability of pregnant woman is mitigated if purpose is to conceal dishonor Page 50 of 75
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No mitigation for parents of pregnant woman even if the purpose is to conceal dishonor, unlike in infanticide
Penalty for intentional abortion is imposed in maximum period on physician or midwife Reason for Maximum penalty: used knowledge for destruction of human life, where it should only be used for preservation It is not necessary that the pharmacist knows that the abortive would be used to cause an abortion What is punished is the act of dispensing abortive; its not necessary that the abortive be actually used
1. 2. 3.
If death results, the penalty is the same as that for homicide General principle: when there is intent to kill, the inflicting of physical injuries is either attempted or frustrated homicide The code disregards the intent to kill in considering the penalty for duel when only physical injuries are inflicted upon the adversary
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Persons Responsible Under this Article: 1. Challenger 2. Instigator 1. 2. 3. 4. 5. PM under no. 1 PC medium and maximum under no. 2 PC minimum and medium under no. 3 A Mayor maximum to PC minimum under no. 4 1. Mutilation of the first kind is castration which must be made purposely. The penalty shall be one degree higher than that imposed by law when the victim is under 12 years of age. The offender must have the intention to deprive the offended party of a part of his body. Mutilation lopping or clipping off of some part of the body Mayhem other intentional mutilation
Committed by wounding, beating, assaulting or administering injurious substance 2. May be committed by reckless imprudence, or by simple imprudence or negligence. 3. There must not be intent to kill 4. Blindness (Must be Complete) and Loss of an Eye a. Paragraph 1 must be both eyes b. Paragraph 2 one eye only 5. Loss of Power to Hear a. Paragraph 2 both ears b. Paragraph 3 one ear only 6. Loss of hand or incapacity of usual work must be permanent 7. Paragraph 2 refers to principal members of the body, while Paragraph 3 covers any other member which is not principal member of body 8. Deformity requires (a) physical ugliness, (b) permanent and definite abnormality, and (c) conspicuous and visible. 9. Deformity by loss of teeth refers to injury which cannot be repaired by action of nature 10. There is illness for a certain period of time, when the wound inflicted did not heal within that period Page 52 of 75
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11. Medical attendance is not important in serious physical injuries 12. In Par 2 and 3, offended party must have an avocation or work at the time of the injury 13. Par 4 speaks of incapacity for any kind of labor 14. Where the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must be evidence of the length of that period; otherwise the offense is only slight physical injuries 15. Lessening of efficiency is not incapacity 16. Serious physical injuries by excessive chastisement by parents is not qualified. Penalties established by the next preceding article 1. 2. 3. 4. Fine not exceeding P500 in addition to A Mayor 2nd paragraph PC in minimum and medium paragraph 3 1. Knowingly administering is an essential element Administering injurious substance means introducing into the body the substance This article does not apply when the physical injuries that result are less serious or slight Taking advantage of weakness or credulity may take place in case of witchcraft, philters, magnetism, etc. Matters to Note: a. That the offended party is incapacitated for labor for 10 days or more (but not more than 30), or needs medial attendance for same period of time b. That the physical injuries must not be those described in the preceding articles Medical attendance or incapacity is required It is only slight physical injury when there is no medical attendance or incapacity for labor Actual medical attendance is required
Ordinary Physical Injuries Distinguished from Mutilation: 1. Mutilation must have been caused purposely and deliberately 2. Physical Injuries this intention is not present
1. 2. 3.
That the offender inflicted upon another any serious physical injury That it was done by knowingly administering to him any injurious substance or beverages or by taking advantage of his weakness of mine or credulity That he had no intent to kill
Qualified Less Serious Physical Injuries 1. Paragraph 2: a. there is manifest intent to insult or offend the injured person b. there are circumstances adding ignominy to the offense 2. Paragraph 3: a. the offenders parents, ascendants, guardians, curators or teachers b. persons of rank or persons in authority, provided the crime is not direct assault
2. 3. 4.
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When there is no evidence of actual injury, it is only slight physical injuries Example of paragraph 3 is slapping the face of offended party
1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.
Offender may now be a male or female. In rape under par. 1, there must be sexual intercourse Penetration, even partial, is necessary Only one of the four circumstances is necessary Force need not be irresistible, but it should be present and brings the desired results Force employed need not be of such character as could be resisted Intimidation includes the moral kind, such as the fear caused by threatening When the offender has ascendancy or influence over victim, it is not necessary that she put up a determined resistance Rape may be proved by the uncorroborated testimony of the offended Deprivation of reason contemplated by law need not be complete Stages of Rape: a. Consummated enough that there was penetration, even partial/slight b. Frustrated none c. Attempted intent on the part of accused to have carnal knowledge of woman Resignation to consummated act is NOT consent Character of offended woman immaterial in rape There is a crime of multiple rape by 2 or more offenders Rape is punished by death when any of the qualifying circumstances are present Rape with homicide is a special complex crime Page 54 of 75
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17. When homicide is committed NOT by reason or on the occasion of the rape, such as while the woman was dying, the accused had carnal intercourse with her, it may be considered as ignominy. 18. Indemnity in Rape P50,000 19. Indemnity in Qualified Rape P75,000 20. Indemnity in Rape with Homicide P50,000 and P50,000 respectively (P100,000) 21. Damages in Rape a. Moral Damages P50,000 without need of proof b. Exemplary Damages if one or more aggravating circumstances was committed 1. 2. 3. Effect of marriage extinguishes not only the penal action, but likewise the penalty that may be imposed Marriage extinguishes the penal action and the penalty only as to the principal and not to the accomplices and accessories The crime shall not be extinguished or the penalty shall not be abated if the marriage is void ab initio
1.
Any physical overt act manifesting resistance against the act of rape in any degree from the offended party; or 2. Where the offended party is so situated as to render him/her incapable of giving consent 1. That the offender is a private individual 2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty Special Complex Crime of Kidnapping with Murder effectively eliminated the distinction drawn by courts between those cases where the killing was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought
RP to Death any of the 4 circumstances Death purpose of extorting ransom Maximum penalty if victim is killed or dies, or raped or subject to torture or
1. 2. 3. 4. 5. 6.
Illegal Detention Distinguished from Arbitrary Detention; 1. Illegal Detention is committed by a private individual who unlawfully kidnaps, detains or otherwise deprives a person of liberty; Arbitrary Detention is committed by public officer /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
If the offender is a public officer, the crime is arbitrary detention When a victim is a minor and the accused is one of the parents A mayor or a fine not exceeding P300, or both Intention to deprive victim of his liberty for purpose of extorting ransom is essential in crime Actual demand for ransom is not necessary The accused is not liable when there is lack of motive to resort to kidnapping Detention or locking up of victim is essential, but it is not necessary that it is an inclosure Page 55 of 75
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and restraint need not be permanent Detention must be illegal, i.e. when not ordered by competent authority or not permitted by law 8. Deprivation of ones liberty is essential element 9. Restraint by robbers is not illegal detention 10. The purpose is immaterial when any of the 4 circumstances in the first paragraph is present 11. Where a person is taken from one place to another solely for the purpose of killing him 12. Ransom money, price or consideration paid or demanded for redemption of a captured persons, a payment that releases from captivity 13. Conspiracy to extort ransom makes all conspirators liable under the 2nd paragraph, including those who did not take any part of the money 1. Participation of accomplice in furnishing place is raised to that of a real co- principal 2. Privileged mitigating circumstance in slight illegal detention: a. Voluntarily releases person so kidnapped or detained within 3 days from commencement of detention b. Without having attained purpose intended c. Before the institution of criminal proceedings against him 1. The offender is any person, whether a public officer or a private individual 2. There is no unlawful arrest when the arrest is authorized by a warrant issued by the court 3. Distinguished from Article 125: a. Article 126 detention is for legal grounds; in unlawful arrest detention is illegal b. Article 125 crime is failing to deliver person; in unlawful arrest crime is making unauthorized arrest 4. Motive of offender is controlling 5. No period of detention is fixed 7. Page 56 of 75
2.
1. 2. 3. 4.
That the offender is a private individual That he kidnaps or detains another, or in any other manner deprives him of his liberty That the act of kidnapping or detention is illegal That the crime is committed without the attendance of any of the circumstances enumerated in Article 267
1. 2. 3.
That the offender arrests or detains another person That the purpose of the offender is to deliver him to the proper authorities That the arrest or detention is not authorized by law or there is no reasonable ground therefore
RT offender and person who furnished place for perpetration of crime PM minimum and medium and a fine not exceeding P700 voluntary release A Mayor and a fine note exceeding P500
Unlawful arrest distinguished from other illegal detention: if the purpose of locking up or detaining is to deliver to authorities, the crime is unlawful arrest; otherwise, it is other illegal detention
Vena V. Verga
This covers all minors, whether under or over 7 years of age What is punished is the deliberate failure of the custodian of the minor to restore the latter to his parents or guardians Kidnapping and failure to return a minor is necessarily included in Kidnapping and Serious Illegal Detention The inducement must be actual, committed with criminal intent, and determined by a will to cause damage The minor should not leave his home on his own free will
Distinguishing Article 267 and Article 270: 1. In Article 267 the offender is not entrusted with custody 2. In Article 270 the offender is entrusted with custody of minor 1. That a minor is living in the home of his parents or guardian or person entrusted with his custody 2. That the offender induces said minor to leave such home
1. 2.
272 Slavery
1. 2.
That the offender purchases, sells, kidnaps or detains a human being. That the purpose of the offender is to enslave such human being
1. 2.
Slavery and Kidnapping or Illegal Detention Distinguished: a. Slavery purpose is to enslave victim b. Kidnapping or Illegal Detention any other purpose 1. That the offender retains a minor in his service 2. That it is against the will of the minor 3. That it is under the pretext of reimbursing himself of a debt incurred by an ascendant, guardian or person entrusted with the custody of such minor 1. 2. 3. That the offender compels a debtor to work for him, either as household servant or farm laborer That it is against the debtors will That the purpose is to require or enforce the payment of a debt
If the purpose of the offender is to assign the offended party to some immoral traffic (prostitution), the penalty is higher. The employment or custody of a minor with the consent of the parent or guardian although against the childs will cannot be considered to be involuntary servitude The service of the minor must be against his will The existence of indebtedness constitutes no legal justification for holding a person and depriving him of his freedom to live where he wills The article specifically provides that the debtor is compelled to work as household servant or farm laborer and not any other work This article, like Article 273, punishes a form of slavery, but Article 274 does not distinguish whether the victim is a minor or not Under this article it is the debtor who is compelled to work for the offender, while in Article 273 it is the minor Page 57 of 75
1. 2.
1.
2.
3.
Vena V. Verga
Paragraph 2 of this article applies only when someone is accidentally injured by the accused It is immaterial that the offender did not know that the child is under 7 years old Paragraph 3 applies to one who found a lost child The child under 7 years of age must be found by the accused in an unsafe place
A Mayor and a fine not exceeding P500 PC medium and maximum results in death of minor PC minimum and medium endanger life of minor A Mayor and a fine not exceeding P500
1. 2.
3. 4. 1. 2. 3.
When there is intent to kill this article does not apply Intent to kill cannot be presumed from the death of a child a. Crimes against Persons intent to kill is presumed b. Crimes against Security intent to kill is not presumed A permanent, conscious and deliberate abandonment is required by this article Parents guilty of abandoning their children shall be deprived of parental authority Rear bring to maturity by educating, nourishing, Only the person charged with the rearing or education of the minor is liable Article 276 Distinguished from Article 277 a. Article 276 the custody of the offender is general; Article 277 the custody of the offender is specific (custody for the rearing or education of minor) b. Article 276 minor is under 7; Article 277 minor is under 21 [18] c. Article 276 minor is abandoned in such a way as to deprive him of the care and protection that his tender years need; Page 58 of 75
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Article 277 minor is delivered to a public institution or other person Failure to give education must be due to deliberate desire to evade such obligation
4.
PC in minimum and medium and a fine not exceeding P500 Maximum period if delivery shall have been made in consideration of any price, compensation, or promise
1.
2. 3. 4.
Exploitation of minors distinguished from Inducing a minor to abandon his home a. Exploitation of minors if the purpose is to follow any of the mentioned callings; Inducing Minor if there is no such purpose b. Exploitation victim must be under 16; Inducing minor minor under 21 [18] Offender shall be deprived of parental authority or guardianship Exploitation of minors must refer to act endangering the life or safety of the minor Qualifying Circumstance if delivery is made in consideration of any price, compensation or promise
A Mayor and fine note exceeding P1,000 PC medium and maximum and fine not exceeding P1,000 committed by means of
5. 6.
7. 8.
If the offender is a public officer, the crime would be violation of domicile Lack of permission does not amount to prohibition, there must be opposition on the part of the owner of the house to the entry of the accused Prohibition may be implied in certain instances (e.g. considering time, door was closed, etc.) Prohibition must be in existence prior to or at Page 59 of 75
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the time of the entrance What is intended to be protected and preserved is the privacy of ones dwelling Violence does not refer to persons only Violence or intimidation may take place immediately after the entrance Trespass may be committed by owner of dwelling If there is no overt act to commit another crime, the crime is only trespass to dwelling Premises distinct and definite locality Art 281 Distinguished from Trespass to Dwelling: a. Trespass offender is private person; Other Trespass any person b. Trespass offender enters a dwelling house; Other Trespass enters closed premises or fenced in estate c. Trespass inhabited; Other Trespass uninhabited d. Trespass against the will of the owner; Other Trespass without securing permission of owner or caretaker e. Trespass prohibition is express/implied; Other Trespass prohibition to enter is manifest Penalty will depend on whether or not offender attained his purpose; if the threat is not subject to a condition, the penalty is fixed Qualifying Circumstances: a. Threat made in writing b. Threat made thru a middleman Third form of grave threats must be serious and deliberate If the threat is made in a heat of anger, it is not punished under this article If the condition is not proved, it is grave threats under sub-paragraph 2 Essence of the crime of threats is intimidation The act threatened to be committed must be wrong Grave threats may be committed even if the complainant is absent when challenge is Page 60 of 75
Qualifying Circumstance if the offense is committed by means of violence or intimidation Dwelling Place any building or structure exclusively devoted for rest and comfort 281 Other Forms of Trespass 1. 2. 3. 4. That the offender enters the closed premises or the fenced estate of another That the entrance is made while either of them is uninhabited That the prohibition to enter be manifest That the trespasser has not secured the permission of the owner or the caretaker thereof A Menor or a fine not exceeding P200, or both
1. 2.
Acts Punished: 1. By threatening another with the infliction upon his person , honor or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition, even thought not unlawful, and the offender attained his purpose a. That the offender threatens another person with the infliction upon the latters person, honor or property, or upon that of the latters family, of any wrong b. That such wrong amounts to a crime c. That there is a demand for money or that any other condition is imposed, even though not unlawful d. That the offender attains his purpose 2. By making such threat without the offender attaining his purpose 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong
Penalty next lower in degree than that prescribed by law for the crime he threatened to commit Penalty lower by 2 degrees if offender did not attain his purpose Maximum Period if threat in writing or thru a middleman
1. 2. 3. 4. 5. 6. 7. 8.
Vena V. Verga
made Crime of grave threats is consummated as soon as the threats come to the knowledge of the person threatened 10. Threats made in connection with the commission of other crimes are absorbed by the latter. 11. The offender in grave threats does not demand the delivery on the spot of the money or other personal property asked of him (crime of robbery) 1. Light threats are committed in the same manner as grave threats, except that the act threatened to be committed should not be a crime 2. Blackmailing may be punishable under this article 9. Compared with Article 35 1. Art. 35 is a distinct penalty which provides for bond to keep the peace; this article provides for bond for good behavior 2. Article 35 not made applicable to any particular case; this article applicable only to cases of grave and light threats 3. Failure to give in Article 35 detained; this article destierro 1. Article 285 compared with Article 282 and 283 a. Article 285 Par. 2 is similar to 3rd form of grave threats because the harm threatened to be committed is a crime b. Article 285 Par. 3 is similar to light threats, because harm threatened to be committed is not a crime c. Article 285 there is no demand for money or condition or threat is not deliberate 2. Threats, which ordinarily would be grave threats, if made in heat of anger, may fall under this article 3. Light threats may be committed where the person to whom it is directed is absent Page 61 of 75
1. 2. 3. 4.
That the offender makes a threat to commit a crime That the wrong does not constitute a crime That there is a demand for money or that other condition is imposed, even though not lawful That the offender has attained or not attained his purpose
A Mayor
Required to Give Bail not to Molest Another: 1. When he threatens another under the circumstances mention in Article 282 2. When he threatens another under the circumstances mention in Article 283
Destierro
1.
2. 3.
By threatening another with a weapon, or by drawing such weapon in a quarrel, unless it be in lawful self-defense a. Threatening to draw a weapon, even if there is no quarrel b. Drawing a weapon in a quarrel, which is not in lawful self-defense By orally threatening another, in the heat of anger, with some harm constituting a crime, without persisting in the idea involved in his threat By orally threatening to do another any harm not constituting a felony
Vena V. Verga
What is prevented must not be prohibited by law 2. The act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented 3. If the act was already done when violence is exerted, the crime is unjust vexation. 4. Compelling another to do something includes the offenders act of doing it himself while subjecting another to his will 5. When the complainant is in actual possession of a thing, even if he has not right to that possession, compelling him by means of violence to give up possession, even by owner, is grave coercion 6. Not intimidation by display of force, if arms are not used 7. The force or violence must be immediate, actual or imminent 8. There is no grave coercion when the accused acts in good faith in performance of duty 9. Purpose of Law enforce the principle that no person may take the law into his own hands 10. Coercion is consummated even if the offended party did not accede to the purpose of the coercion 1. Actual physical violence need not be employed 2. Unjust vexation includes any human conduct which, although not productive or some physical or material harm would, however, unjustly annoy or vex an innocent person 3. There is no violence or intimidation in unjust vexation 4. Difference between grave and light coercion: use of violence 5. When the act of the accused has no connection with previous acts of violence, it is only unjust vexation
1. 2. 3. 4.
That the offender must be a creditor That he seizes anything belonging to his debtor That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation That the purpose of the offender is to apply the same to the payment of the debt
A Mayor in minimum and fine equivalent to value of thing, but in no case less than P75 A Menor or a fine P5-P200, or both any other coercion or unjust vexation
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Laborers or employees have the right to receive just wages in legal tender Inducing an employee to give up any part of his wages by force, stealth, intimidation, threat or by any other means is unlawful under the Labor Code, not under the RPC
2.
1. 2.
1. 2. 3. 4.
1. 2. 3. 4.
That the offender is a private individual or even a public officer not in the exercise of his official functions That he seizes the papers or letters of another That the purpose is to discover the secrets of such another person That offender is informed of the contents of the papers or letters seized
PC in minimum and medium and a fine note exceeding P500 if offender reveals secrets A Mayor and a fine not
1. 2. 3. 4.
Exception: Article 290 not applicable to parents, guardians, /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
The act should not be a more serious offense, otherwise it shall be punished under another article Peaceful picketing is part of freedom of speech and is not prohibited Employing violence or making threats by picketers may make them liable for coercion Preventing employee from joining any registered labor organization is punished under the LC and not under the RPC Seize to place in the control of someone a thing or to give him the possession thereof There must be a taking possession of papers or letters of another, even for a short time only The purpose of the offender must be to discover the secrets of another The offender must be informed of contents of papers or letters Page 63 of 75
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This article does not require that the offended party be prejudiced Qualifying Circumstance: revealing the secret Distinguished from Public Officer Revealing Secrets of Private Individual (Article 230): a. Article 230 public officer comes to know secrets by reason of his office b. Article 290 private individual who seizes papers of another to discover secrets of latter Secrets must be learned by reason of their employment The secrets must be revealed by the offender If the offender does not reveal the secrets, the crime is not committed Damage is not necessary under this article Secrets must relate to manufacturing processes The act constituting the crime is revealing the secret of the industry or employer Revelation may be made after employee has ceased to be connected with the establishment Prejudice is an essential element of the offense The property taken must be personal property and not real property. Prohibitive articles may be subject matter of robbery The property must belong to another Ownership is not necessary; the possession of property is sufficient Naming of the owner is a matter of essential description of the crime of robbery with homicide and not in RVAIP or RFUT The personal property is taken against will of owner Taking must be unlawful Unlawful Taking is complete: a. RVAIP from moment offender gains possession of the thing b. RFUT thing must be taken out of Page 64 of 75
291 Revealing Secrets with Abuse of Office 292 Revelation of Industrial Secrets
1. 2. 3. 1. 2. 3. 4.
That offender is a manager, employee or servant That he learns of the secrets of his principal or master in such capacity That he reveals such secrets That offender is a person in charge, employee or workman of a manufacturing or industrial establishment That the manufacturing or industrial establishment has a secret of the industry which the offender has learned The offender reveals such secrets That prejudice is caused to the owner
1. 2. 3. 4. 1. 2. 3. 4.
Classification: 1. Robbery with violence against, or intimidation of persons (RVAIP) 2. Robbery with the use of force upon things (RFUT) a. Robbery in Inhabited House or Public Building or Edifice devoted to Public Worship b. Robbery in Uninhabited House or in a Private Building Elements of Robbery in General: 1. That there be personal property belonging to another 2. That there is unlawful taking of that property 3. That the taking must be with intent to gain 4. That there is violence against or intimidation of any person, or force upon anything Those Guilty of Robbery Any person who, with intent to gain, shall take any personal property belonging to another, by
1. 2. 3. 4. 5. 6. 7. 8.
Vena V. Verga
building Taking means depriving offended party of ownership of thing taken with character of permanency 10. Intent to gain is presumed from unlawful taking of personal property 11. Intent to gain and personal property belonging to another must concur 12. Violence must be against person of offended party and not upon thing taken 13. Intimidation need not be threat of bodily harm 14. General Rule: Violence or intimidation must be present before taking personal property is complete Exception: When violence results in (1) homicide, (2) rape, (3) intentional mutilation, or (4) any of the serious physical injuries penalized in par. 1 and 2 of Art. 263, taking of personal property is complexed with any of those crimes under Art. 294, even if taking was already complete when violence was used by the offender 15. Taking of property need not be immediately after the intimidation 16. R.A. 6539 is the law applicable when property taken in robbery is a motor vehicle Robbery with Homicide 1. Crime defined in this article is a special complex crime 2. On the occasion or by reason means that it must be committed in the course of or because of the robbery 3. Robbery and homicide are separate offenses, when the homicide was not committed on occasion or by reason of robbery 4. Homicide should be understood in general sense 5. Juridical concept of robbery with homicide does not limit taking of life to 1 single victim or to ordinary homicide all homicides or murders are merged in the composite, integrated whole that is robbery with 9. Page 65 of 75
3.
Acts Punished: 1. When by reason or on occasion of robbery, crime of homicide is committed 2. When robbery is accompanied by rape or intentional mutilation or arson 3. When by reason or on occasion of such robbery, any of the physical injuring resulting in insanity, imbecility, impotency or blindness is inflicted 4. When by reason or on occasion of such robber, any of the physical injuries resulting in loss of use of speech or the power to hear or to smell, or the loss of an eye, a hand, a foot, an arm, or a leg or the loss of the use of any such member or incapacity for the work in which the injured person is theretofore habitually engaged is inflicted 5. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for
RP to death paragraph 1 (no. 1 and 2) RT medium to RP paragraph 2 (no. 3) RT paragraph 3 (no. 4) PM maximum to RT medium paragraph 4 (no. 5 and 6)
Vena V. Verga
homicide so long as all the killings were perpetrated by reason or on the occasion of the robbery 6. There is no such crime as robbery with murder 7. Robbery with homicide in dwelling does not require that RFUT is first committed 8. An intent to take personal property belonging to another with intent to gain must precede killing 9. Homicide may precede robbery or may occur after robbery 10. The killing of any person by reason of or on occasion of robbery is punished by highest penalty regardless of the person killed, and even if death supervened due to an accident. 11. Where homicide is not proved, the crime is only robbery and vice versa 12. An accessory to robbery with homicide must have knowledge of the commission of both crimes to be liable, not just robbery Robbery with Rape 1. Even if the rape is committed at another place, it is still robbery with rape 2. There is no such crime as robbery with attempted rape, because robbery cannot be a necessary means to commit attempted rape or vice versa 3. When taking of personal property is an independent act following defendants failure to consummate the rape, there are 2 crimes: theft and attempted rape 4. Additional rapes committed on same occasion of robbery will not increase penalty 5. If rape and homicide with robbery co-exist, the rape will be considered as an aggravating circumstance Robbery Under Paragraph 5: 1. Violence/intimidation need not be present at any time before or at exact moment when object taken Page 66 of 75
6.
7.
Requisites of Robbery under Second Case of Paragraph 4: 1. That any of the physical injuries defined in paragraphs 3 and 4 of Art. 263 was inflicted in the course of the robbery 2. That any of them was inflicted upon any person not responsible for the commission of the robbery RVAIP under Paragraph 5 of Art. 294 - known as simple robbery, because the violence against any person does not result in homicide, rape, intentional mutilation, or any serious physical injuries that give rise to a special complex crime Threats to Extort Money Distinguished from Robbery Thru Intimidation: 1. Both, there is intimidation by offender 2. Both, purpose is identical: to obtain gain 3. In robbery, intimidation is actual and immediate; In threats, intimidation is conditional or future 4. In robbery, intimidation is personal; In threats, it may be done thru an intermediary 5. In robbery, intimidation is directed only to person of victim; In threats, intimidation may refer to person, honor or property of offended party or that of his family 6. In robbery, gain of culprit is immediate; in threats, gain is not immediate Robbery with Violence Distinguished from Grave Coercion: 1. Both, there is violence used by offender /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga
Reason: Asportation is a complex fact, a whole divisible into parts, a series of acts, in course of which personal violence/intimidation may be injected In robbery with intimidation, there must be acts done by the accused which, either by their own nature or by reason of the circumstances under which they are executed, inspire fear in person against whom they are directed Any of the qualifying circumstances must be alleged Being qualifying, it cannot be offset by a generic mitigating circumstance The intimidation with use of firearm qualifies only robbery on a street, road, etc. Article 295 does not apply to robbery with homicide, or rape, or serious physical injuries under par. 1 or Art. 263 To avoid liability, there must be proof that he made an endeavor to prevent the assault committed by another member of the band, in order that he may not be held liable for such assault Clubs are considered as arms When the robbery was not committed by a band, the robber who did not take part in the assault by another is not liable for that assault When robbery was not by a band and homicide was not determined by the accused when they plotted the crime, the one who did not participate in the killing is liable for robbery only When there is conspiracy to commit homicide and robbery, all the conspirators, even if less than 4 armed men, are liable for special complex crime of robbery with homicide Member must be present at the commission of the robbery to be held liable Proof of conspiracy not necessary when 4 or Page 67 of 75
295 Robbery with Physical Injuries, committed Uninhabited Place and by a band, or use of Firearm 296 Definition of a Band and Penalty Incurred
Robbery and Bribery Distinguished: 1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his personal property; Bribery when victim has committed a crime and give money or gift to avoid arrest or prosecution 2. In robbery, victim is deprived of money/property by force or intimidation; in bribery, he parts with money/property in a sense voluntarily Qualifying Circumstances in RVAIP: 1. in an uninhabited place, or 2. by a band, or 3. by attacking a moving train, street car, motor vehicle or airship, or 4. by entering passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective conveyances 5. on a street, road, highway, or alley, and the intimidation is made with the use of firearms Outline: 1. When at least 4 armed malefactors take part in commission of a robbery, it is deemed to be committed by a band 2. When any of the arms used in the commission of robber is not licensed, the penalty upon ALL the malefactors shall be the maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms 3. Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed by the band, unless it be shown that he attempted to prevent the same Requisites for Liability for Acts of the Other Members of the Band: 1. That he was a member of the band 2. That he was present at commission of a robbery by that band 3. That the other members of the band committed an assault 4. That he did not attempt to prevent the assault
3.
1. 2. 3. 4.
Maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such unlicensed firearms
1.
2. 3.
4.
5.
6. 7.
Vena V. Verga
more armed persons committed robbery Use of firearm, whether licensed or unlicensed, in making the intimidation is a qualifying circumstance in any of the paragraphs 3, 4 and 5 of Art. 294 is committed on a street, etc. Homicide is used in its generic sense Penalty is the same, whether attempted or frustrated Not attempted or frustrated if there is not overt act of robbery Robbery with Homicide and attempted or frustrated robbery with Homicide are special complex crimes Article 48 is applicable when offense committed is attempted or frustrated robbery with serious physical injuries
8.
RT maximum to RP, unless homicide committed shall deserve a higher penalty under the RPC
1. 2. 3. 4. 5.
1. 2. 3. 4.
Offended party is a virgin, which is presumed if she is unmarried and of good reputation that she must be over 12 and under 18 years of age that the offender has sexual intercourse with her That there is abuse of authority, confidence or relationship on the part of the offender
1.
2.
People vs. Balbar (direct assault and act of lasciviousness in a classroom where offended party conduct her classes) the presence or absence of lewd designs is inferred from the nature of the acts themselves and the environmental circumstances. Considering the manner, place and time under which the acts were done, lewd designs can be hardly attributed to Balbar. US vs. SUAN there is no seduction when the offended party had other illicit relationships with other men. SEDUCTION lies on the chaste character or the woman.
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Vena V. Verga
If the girl is under 12, the crime is rape; if she is over 18, and there is no force or intimidation or she is not unconscious or otherwise deprived of reason, there is no crime, even if deceit was used Virginity of the offended party is not required There must be sexual intercourse, otherwise, the crime is acts of lasciviousness A man is liable though willing to marry girl seduced by him Promise of marriage by a married man or after sexual intercourse is not seduction There is no continuing offense of seduction Purpose: to punish the seducer Male cannot be offended party in this crime It is necessary that crime is committed under circumstances which would make it qualified or simple seduction had there been sexual intercourse, instead of acts of lewdness only Distinguished from Acts of Lasciviousness (336) a. Both treat of acts of lasciviousness b. Art. 336 acts are committed under circumstances which, had there been carnal knowledge, would amount to rape c. Art. 339 acts of lasciviousness are committed under the circumstances which, had there been carnal knowledge, would amount to either qualified seduction or simple seduction Habituality or abuse of authority or confidence is not necessary One who casts for his own lust is not liable here Single act without abuse of authority or confidence is now a crime Not necessary that unchaste acts have been done Victim must be of good reputation, not a prostitute, or corrupted person A mere proposal will consummate offense Page 69 of 75
2. 3. 4. 5. 6. 7. 8. 1. 2.
1. 2.
3.
That the offender commits acts of lasciviousness or lewdness That the acts are committed upon a woman who is a virgin or single or widow of good reputation, under 18 years of age but over 12 years, or a sister or descendant regardless of her reputation or age That the offender accomplishes the acts by abuse of authority, confidence, relationship, or deceit
A Mayor
3.
1. 2. 3.
Offender is person under age Person promotes or facilitates prostitution or corruption of person under age Purpose is to satisfy lust of another
1. 2. 3. 4. 5. 6.
Vena V. Verga
One of the mentioned acts is sufficient to constitute the offense Habituality is not a necessary element Person engaged in the business of prostitution need not be owner of the house Maintainer or manager of house of ill-repute need not be present therein at time of raid or arrest to be liable Woman abducted may be married Virginity is not an essential element of this crime Crimes against Chastity where age and reputation are immaterial: rape, acts of lasciviousness agains the will or without the consent of offended party, qualified seduction of sister or descendant, and forcible abduction When female is under 12, it is not necessary that she be taken against her will Sexual intercourse is not necessary Lewd designs may be shown by the conduct of the accused when there are several defendants, it is enough that one has lewd designs Husband is not liable for abduction of wife Nature of Crime: violative of individual liberty of abducted, her honor and reputation and public order Distinguished from Grave Coercion: a. In both there is violence or intimidation by offender b. Grave Coercion no element of lewd design Distinguished from If offender is under 12, it is forcible abduction. The taking away of the girl need not be with some character of permanency Abductor need not actually and personally have taken the abducted female from her parents home, or induced her to abandon it; it is sufficient that he was instrumental in her escape Page 70 of 75
4. 5. 6. 7. 8. 9. 10.
1. 2. 3. 4.
That the offender must be a virgin That she must be over 12 and under 18 years of age That the taking away of the offended praty must withoher consent after solicitation or cajolery from the offender That the taking away of the offended party must be with lewd designs
11. 1. 2. 3.
Purpose of Law: prescribe punishment for the disgrace to her family and the alarm caused therein /vvverga Second Semester, AY 2004-2005 Criminal Law II Reviewer
Vena V. Verga
When there was no solicitation of cajolery and no deceit and the girl voluntarily went with man, there is no crime committed even if they had sexual intercourse Actual sexual intercourse is not necessary, since the important element is merely lewd designs The court motu proprio can dismiss the case for failure of the aggrieved party to file the proper complaint Rape may be prosecuted de oficio Imputation of crime of prostitution against a woman can be prosecuted de oficio. Adultery or Concubinage a. Only offended spouse can file the complaint b. Both parties, if both alive, must be included in complaint c. Both parties must be included even if one of them is not guilty Seduction, Abduction or Acts of Lasciviousness a. The right to file action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercise successively b. It is exclusive, because if the parent, for example, refuse to file, the grandparents cannot file the complaint c. When offended party is a minor, her parents may file complaint d. When offended party is of age, and she is complete possession of her mental and physical faculties, she alone can file the complaint e. The father, if living, is not necessarily preferred to the mother in filing the complaint Complaint must be filed in court, not with the fiscal Rape complexed with another crime (a public crime) need not be signed by offended woman Page 71 of 75
Virginity is not to be understood in a material a sense as to exclude the idea of abduction of a virtuous woman of good reputation
5. 344 Prosecution of Crimes of Adultery, Concubinage, Abduction, Rape, and Acts of Lasciviousnes s 1. 2. Adultery and concubinage must be prosecuted upon complaint signed by the offended party Seduction, abduction or acts of lasciviousness must be prosecuted upon complaint signed by: a. Offended party, b. Her parents, c. Grandparents, or d. Guardians in the order in which they are named above
2. 3. 4.
5.
Underlying Principle why Crimes against Chastity Cannot be Prosecuted de oficio: out of consideration for the offended woman and her family who might prefer to suffer the outrage in silence rather than go thru with the scandal of a public trial Guardian legal, not natural guardian, that is, guardian legally appointed in accordance with the provision of the law Pardon in Crimes of Chastity: only offended party may pardon Pardon of offended party who is a minor must have concurrence of parents (except: when she has no parents) Condonation is not pardon in concubinage or adultery; any act of infidelity subsequent to condonation constitutes a new offense 1. Adultery or Concubinage bars prosecution of crime effective if made: a. Before the institution of the criminal action, and b. Both offenders must be pardoned by both parties Acts of Lasciviousness, Seduction and Abduction bars prosecution of crime a. must be EXPRESS b. Before the institution of criminal action 6.
2.
7. 8.
Vena V. Verga
Actual Marriage with offended party a. Extinguishes criminal action or remits the penalty already imposed b. Benefits the co-principals, accomplices and accessories 10. Marriage between parties guilty of adultery or concubinage does not extinguish the criminal action 1. Under the RPC, there is no civil liability for acts of lasciviousness 2. Reasons for Indemnity in Adultery or Concubinage: acknowledgment of offspring is not legally possible, support is not included, because the person who give birth, if at all, is one of the offenders and not the offended party 3. Moral damages are recoverable by both offended party and her parents 4. Under the Family Code, since children are classified as legitimate or illegitimate, the man (adultery or concubinage) should now be sentenced to support offspring, in addition to indemnity Crimes Embraces in Chapters 2, 3 and 4: 1. Acts of Lasciviousness 2. Qualified Seduction 3. Simple Seduction 4. Acts of lasciviousness with the consent of the offended party 5. Corruption of minors 6. White slave trade 7. Forcible Abduction 8. Consented Abduction
Seduction or Abduction: 1. To indemnify the offended woman 2. To acknowledge offspring, unless the law should prevent him form doing so 3. In every case, to support the offspring Adultery or Concubinage Indemnify damages caused to offended spouse
346 Liability of Ascendants, Guardians, Teachers or Other Persons Entrusted with Custody
Persons Liable cooperate as accomplices but are punished as principals: 1. Ascendants 2. Guardian 3. Curators 4. Teachers, and 5. Any other person, who cooperates as accomplice with abuse of authority or confidential relationship
Penalties prescribed in Chapters 2, 3, 4 Teachers TSD maximum to PSD Other Person Special disqualification from filling office of guardian
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