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Module 9.

2- Managing Trafficking in Persons


Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Revised Penal
Code Book 2
Commonly Committed Crimes
and their Elements

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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Lesson Goal

This lesson aims to broaden


the knowledge of the students on
commonly committed crimes and
their elements under RPC.

Investigation Officers Basic Course


Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Lesson Objectives 
After this lesson, the students will be able to:

•  Identify the elements of commonly committed


crimes covered by the Revised Penal Code.

• Discuss the applicable provisions of the Revised


Penal Code on commonly committed crimes.

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module 2.1

As police officers, why is it


important for you to learn crimes
and their elements?

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Lesson 4.2 Revised Penal Code Book 2

Case Analysis:
Theft or Robbery?

  Ms. JA was in a street when CC, on his motorcycle,


snatched her brown bag with strap placed on her left shoulder.
As the motorcycle sped away, the accused even raised and
waved the bag that he snatched from Ms. JA. What is the
crime committed in the given case?

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Lesson 4.2 Revised Penal Code Book 2

Scope of Presentation

•Classification of Crimes
•Commonly Committed Crimes and their Elements
•Crimes Against Persons
•Crimes Against Property
•Crimes Against Liberty and Security
•Crimes Against Public Order
•Crimes Against Chastity
•Crimes Against Honor
•Crimes Against the Fundamental Laws of the State
•Quasi Offenses

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Classifications of Crimes

1. Against National Security and the Laws of Nation


2. Against Fundamental Laws of the State
3. Against Public Order
4. Against Public Interest
5. Relative to Opium and Other Prohibited Drugs
6. Against Public Morals
7. Committed by Public Officers

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Classifications of Crimes

8. Against Persons
9. Against Personal Liberty and Security
10. Against Property
11. Against Chastity
12. Against Civil Status of Persons
13. Against Honor
14. Quasi-Offenses

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Lesson 4.2 Revised Penal Code Book 2

Crimes Against Persons

MURDER HOMICIDE PARRICIDE INFANTICIDE


a person was a person was deceased is the A 3 day old or
killed killed spouse, ascendant younger was
or other killed
descendant of the
accused
attended by not attended
any of the by any of the

 
qualifying qualifying
circumstances circumstances

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module
Crimes Against Persons
2.1
PHYSICAL INJURIES

a. Accused inflicted physical injury upon the victim

b. Causes insanity, imbecility, lost the use of speech or


the power to hear or to smell, an eye, a hand, foot,
arm or leg, lost the use of any such member,
deformity, illness, incapacity for the work in which
he had been habitually engaged

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against Persons

RAPE (to be discussed in RA 8353)

a. Sexual intercourse w/ a woman

b. Sexual Assault against a man or woman

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Crimes Against Property

ROBBERY THEFT ESTAFA


Unlawful taking Unlawful taking Accused defrauded
of property of of property of another
another another
With intent to With intent to By abuse of
gain gain confidence, or

deceit
Use of violence Without Damage or prejudice
against or violence against caused to a party/3rd
intimidation of or intimidation person
any person, or of persons or
force force upon
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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Crimes Against Property

ARSON AND OTHER MALICIOUS MISCHIEF


CRIMES INVOLVING
DESTRUCTIONS
Offender causes destruction of Offender deliberately
the property caused damage to the
property of another
By means of explosion, Does not constitute arson or
discharge of electric current, other crimes involving
inundation, other similar destruction
means of destruction

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty
SERIOUS ILLEGAL SLIGHT ILLEGAL
DETENTION DETENTION
Offender is a private person Offender is a private person
Kidnaps or detains another; Kidnaps or detains another ;
deprives another of his liberty w/ deprives him of his liberty ;
either of the circumstances :  furnishes the place for the
1) lasts for more than 3 days perpetuation of the crime w/o
2) simulating public authority any circumstances
3) serious
physical injuries are inflicted
4) kidnapped or detained is a
minor, female or a
public officer
Note: In arbitrary detention; the offender is a public officer

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty

UNLAWFUL ARREST

a. Offender arrests or detains another


person
b. To deliver him to the proper authorities

c. Arrest or detention is not


authorized by law or there is no reasonable
ground therefor
 
 
 
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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty

TRESPASS TO DWELLING
a. Private person enters the dwelling
of another against the latter’s will or;

b. Offender enters the closed premises


or the fenced estate of another or;

c. Entrance is made while the property


is uninhabited;
d. Prohibition to enter be manifest not
secured the permission of the owner or the
Note: In Violation
caretaker thereofof Domicile , the offender is a public
officer
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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty

GRAVE THREATS LIGHT THREATS


Threatening another with the infliction Makes a threat to
upon his person, honor or property or commit a wrong which is
that of his family of any wrong not a crime with
amounting to a crime w/ or w/out condition
condition
Offender did not attain purpose Offender did or did not
attain purpose

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty

OTHER LIGHT THREATS

 
a. Threaten another with a weapon, or
draw weapon in a quarrel unless in self-
defense
b. In the heat of anger, orally threatens
another with some harm constituting a
crime, without persisting
c. Person orally threatens another with
harm not constituting a felony.

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Personal Security/Liberty
GRAVE COERCIONS LIGHT COERCIONS
Prevented another from doing Offender must be a creditor
something or not to do something who seizes anything belonging
against his will, be it right or wrong to his debtor
Effected by violence, of force as Seizure of the thing be
would produce intimidation and accomplished by means of
control the will violence or a display of
material force producing
intimidation
No authority of law or the right to Purpose of the offender is to
do so apply the same to the
payment of the debt

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Public Order

DIRECT ASSAULT INDIRECT ASSAULT


Offender makes an attack, employs PIA/agent is a victim of
force, makes a serious intimidation, any of the forms of direct
or makes a serious resistance to assault
PIA/agent
While PIA/agent is on duty or A person comes to the aid
assaulted by reason of past of such authority or his
performance of duty agent
Offender knows that he is attacking a Offender makes use of
PIA/agent w/out public uprising force or intimidation upon
such person coming to the
aid of the authority or his
agent

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
PERSON IN AUTHORITY
Any person directly vested with Any person who, by direct
HIS AGENTS

jurisdiction, whether as an provision of law or by election


individual or as a member of or by appointment by
some court or governmental competent authority, is charged
corporation, board or commission with the maintenance of public
order and the protection and
security of life and property
Barangay captain; Barangay Barrio councilman; Police officer;
chairman;Teachers;Professors; Barangay leader or; any person
Person charged with the supervision who comes to the aid of persons in
of public or duly recognized private authority.
schools, colleges and universities or;
a Lawyer in the actual performance of
their professional duties or on the
occasion of such performance

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Moe 2.1
Crimes Against Public Order

RESISTANCE to PIA/Agent Simple Disobedience


Seriously disobeys such Disobedience to
person in authority or his PIA/agent, who gives a
agent who gives a lawful lawful order while in the
order while in the performance of duty, is
performance of duty not serious in nature

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Public Order
ALARMS AND SCANDALS

• Discharging any firearm, rocket, firecracker, or


other explosive within any town or public place
• Charivari or other disorderly meeting
• Disturbing the public peace while wandering
about at night
• Causing any disturbance or scandal in public
places while intoxicated

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Public Order

GRAVE SCANDAL

a. Offender performs an act


b. Highly scandalous
as offending against decency or good
customs
c. Not expressly
fall within any other article of the RPC
d. In
public place or within the public
knowledge or view.
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Moe 2.1 Public Order


Crimes Against

FALSIFICATIONS
• Counterfeiting or imitating any handwriting, signature or rubric;
• Causing it to appear that persons have participated in any act
• Attributing to persons who have participated in an act
• Making untruthful statements in a narration of facts;
• Altering true dates;
• Making any alteration or intercalation in a genuine document which
changes its meaning;
• Issuing in an authenticated form a document purporting to be a
copy of an original document ;
• Intercalating any instrument or note relative to the issuance thereof
in a protocol, registry, or official book.

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Lesson 4.2 Revised Penal Code Book 2

Moe 2.1
Crimes Against Public Order

CORRUPTION OF PUBLIC OFFICIALS


 
a. offender makes offers or promises or gives
gifts or present to a public officer.

b. under circumstances that will make the


public officer liable for direct bribery or indirect
bribery
 

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Module 2.1
Crimes Against Chastity
ADULTERY CONCUBINAGE
Woman is married. Man must be married.
She has sexual He keeps a mistress in the conjugal
intercourse with a man dwelling or having sexual intercourse
not her husband. under scandalous circumstances with a
woman who is not his wife
or cohabiting with her in
any other place.

As regards the man with As regards the woman, she must know
whom she has sexual him to be married.
intercourses, he must
know her to be married.
 
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Lesson 4.2 Revised Penal Code Book 2

Crimes against Honor

LIBEL SLANDER SLANDER BY INTRIGUING


AGAINST HONOR
DEED
Imputation of Serious or Performs any act not Made any
a crime, or of light insult included in any other intrigue
a vice or or crime against honor
defect in defamation in the presence of
public even other person to
to a dead blemish the
person honor or
reputation of
another person

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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State

ARBITRARY DELAY IN THE DELIVERY OF


DETENTION DETAINED PERSONS
A public officer authorized Apublic officer authorized to
to make an arrest make an arrest detains another
detains another
Without legal grounds WIth legal grounds but fails to
deliver w/in reglementary period

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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State

DISOBEDIENCE TO SUMMONS

• Refusing without legal excuse to obey summons


• Refusing to be sworn or placed under affirmation
• Refusing to answer any legal inquiry to produce books,
records etc.
• Restraining another from attending as witness in such
body
• Inducing disobedience to a summons or refusal to be
sworn
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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State

DELAYING RELEASE

• Public officer or employee


• Without good reason delays the service
or
performance of the notice of a judicial or
executive order for the release of the
prisoner, or the proceedings

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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State

  VIOLATION OF DOMICILE

• Offender is a public officer or employee


not authorized by judicial
order
• Entered any dwelling against the will of the
owner
• Searched papers or other effects found therein
without consent
• Refused to leave the premises after required to
leave
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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State
Case Analysis:
Lariosa, the nephew of the spouses Matillano, was accused
by the petitioner, Lui, in stealing P45K of his uncle when the
former was still working at his uncle’s store. Lui arrested
Lariosa, beat him, forced him to admit the stealing and brought
him to the place where he stays which happened to be the
residence of the respondents. Together with Rojas, a police
officer in civilian clothes, Lui barged in the house, pointed guns
to the people inside, ransacked and got things such as the
walkman and shades of Lariosa, wristwatch, coins and even
clothes of the spouses and their chidren. What are the crimes
committed by Lui and Rojas?

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Crimes Against the Fundamental Laws of the State

ABUSE IN THE SERVICE OF SEARCHING DOMICILE


WARRANT OR EXCEEDING WITHOUT WITNESSES
AUTHORITY
A public officer A public officer
Search warrant legally procured Search warrant legally
but exceeds his authority or uses procured; searches the
unnecessary severity in domicile w/o owner or
executing the same  witnesses

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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
Quasi-Offenses

RECKLESS IMPRUDENCE - failure in precaution on an


immediate impending damage or on a danger which is
clearly manifested.
 
Example: Reckless Imprudence Resulting to Homicide
 
 
NEGLIGENCE - it is a mode of committing a felony
- Res Ipsa Loquitor Rule applies
 
Example: Scissors left inside the body after an operation
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Lesson 4.2 Revised Penal Code Book 2

Module 2.1
SUMMARY
• Mostly Committed Crimes
Crimes against Person, Property, Liberty or
Security, Public order and Chastity

• Murder vs Homicide
Presence of qualifying circumstance

• Robbery vs Theft
Presence of intimidation or force upon things

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Module 9.2- Managing Trafficking in Persons
Lesson 4.2 Revised Penal Code Book 2

Module 2.1
SUMMARY
• Crimes which Maybe Committed by Policemen
Arbitrary Detention, Violation of Domicile,
Searching Domicile w/out Witnesses

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Module 2.1
HOPE YOU HAVE LEARNED SOMETHING!

THANK YOU AND HAVE A GOOD


DAY. 

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