ATENEO CENTRAL BAR OPERATIONS 2007
Criminal Law
SUMMER REVIEWER
BOOK I
CRIMINAL LAW – A branch of municipal law which
defines crimes, treats of their nature and provides for
their punishment.
Characteristics of Criminal Law:
1. General – binding on all persons who reside
or sojourn in the Philippines
Exceptions:
a. Treaty Stipulation
b. Laws of Preferential Application
c. Principles of Public International Law
Ex:
i. sovereigns and other chiefs of
state
ii. Ambassadors, ministers
plenipotentiary, minister resident
and charges d’affaires
(BUT consuls, vice-consuls and other
foreign commercial representatives
CANNOT claim the privileges and
immunities accorded to ambassadors and
ministers.)
2. Territorial – penal laws of the Philippines are
enforceable only within its territory
Exceptions: (Art. 2 of RPC – binding
even on crimes committed outside the
Philippines)
a. offense committed while on a
Philippine ship or airship
b. forging or counterfeiting any coin or
currency note of the Philippines or
obligations and the securities issued
by the Government
QuickTime™ and a
c. introduction into
TIFF (Uncompressed) the country of the
decompressor
are needed to see this picture.
above-mentioned obligations and
securities
d. while being public officers and
employees, an offense committed in
the exercise of their functions
e. crimes against national security and
the law of the nations defined in Title
One of Book Two
3. Prospective – the law does not have any
—Advisers: Atty. Lorenzo Padilla, Justice Diosdado Peralta; Head: Kristine Quimpo; Understudies: Ivy Patdu, Krizna
Gomez—
retroactive effect.
Exception: when the law is favorable to the
accused
Exceptions to the Exception:
a. The new law is expressly made
inapplicable to pending actions
or existing causes of action
b. Offender is a habitual criminal
Theories of Criminal Law:
1. Classical Theory – basis is man’s free will to
choose between good and evil, that is why
more stress is placed upon the result of the
felonious act than upon the criminal himself.
The purpose of penalty is retribution. The
RPC is generally governed by this theory.
2. Positivist Theory – basis is the sum of
social and economic phenomena which
conditions man to do wrong in spite of or
contrary to his volition. This is exemplified in
the provisions on impossible crimes and
habitual delinquency.
3. Mixed Theory – combination of the classical
and positivist theories wherein crimes that
are economic and social in nature should be
dealt in a positive manner. The law is thus
more compassionate.
Construction of Penal Laws:
1. Liberally construed in favor of offender
Ex:
a. the offender must clearly fall within
the terms of the law
b. an act is criminal only when made so
by the statute
2. In cases of conflict with official translation,
original Spanish text is controlling,
3. No interpretation by analogy.
LIMITATIONS ON POWER OF CONGRESS TO
ENACT PENAL LAWS:
1. ex post facto law
2. bill of attainder
3. law that violates the equal protection clause
of the constitution
4. law which imposes cruel and unusual
punishments nor excessive fines
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Omission – failure to perform a duty required by law

BOOK ONE
GENERAL PROVISIONS ELEMENTS:
1. there must be an act or omission
2. this must be punishable by the RPC
3. act or omission was done by means of dolo
or culpa

ART.1: TIME WHEN ACT TAKES EFFECT NULLUM CRIMEN, NULLA POENA SINE LEGE –
There is no crime when there is no law punishing it.
RPC took effect February 1, 1932.
Classification Of Felonies According To The
Means By Which They Are Committed:
ART. 2: APPLICATION OF ITS PROVISIONS
1. Intentional Felonies- by means of deceit
RULES: (dolo)
1. Philippine vessel or airship – Philippine Requisites:
law shall apply to offenses committed in a. freedom
vessels registered with the Philippine Bureau b. intelligence
of Customs. It is the registration, not the c. intent.
citizenship of the owner which matters.
2. Foreign vessel MISTAKE OF FACT – misapprehension of
a. French Rule fact on the part of the person who caused
General Rule: Crimes committed aboard injury to another. He is not criminally liable.
a foreign vessel within the territorial Requisites:
waters of a country are NOT triable in the a. the act done would have been lawful
courts of such country. had the facts been as the accused
Exception: commission affects the believed them to be
peace and security of the territory, or bintention is lawful
the safety of the state is endangered. b. mistake must be without fault or
carelessness by the accused
b. English Rule
General Rule: Crimes committed aboard 2. Culpable Felonies- by means of fault (culpa)
a foreign vessel within the territorial Requisites:
waters of a country are triable in the a. freedom
courts of such country. b. intelligence
Exception: When the crime merely c. negligence (lack of foresight) and
affects things within the vessel or it imprudence (lack of skill)
refers to the internal management
thereof.
*This is applicable in the Philippines. MALA IN SE v. MALA PROHIBITA
Mala in se Mala Prohibita
Title One: FELONIES QuickTime™
AND CIRCUMSTANCES
and a
moral trait of considered not considered
WHICH AFFECT CRIMINAL
TIFF (Uncompressed) LIABILITY
decompressor
are needed to see this picture.
offender
good faith as a valid defense, not a defense;
defense unless the crime is intent not
Chapter One: FELONIES the result of culpa necessary-
sufficient that the
Felonies – acts and omissions punishable by the offender has the
Revised Penal Code intent to perpetrate
the act prohibited
Crime – acts and omissions punishable by any law by the special law
Act – an overt or external act

Page 2 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

degree of taken into account taken into account

accomplishme only when Par. 2 Impossible Crime
nt of the crime consummated
mitigating and taken into account GENERALLY not Requisites:
in imposing penalty taken into account 1. Act would have been an offense against
aggravating
persons or property.
circumstance
2. There was criminal intent.
degree of when there is more GENERALLY not 3. Accomplishment is inherently impossible; or
participation than one offender, taken into account inadequate or ineffectual means are
it is taken into employed.
consideration 4. Act is not an actual violation of another
laws violated General Rule: General Rule: provision of the Code or of special law.
RPC Special Penal
Laws Impossible crime occurs when there is:
1. inherent impossibility to commit the crime
INTENT v. MOTIVE 2. inadequate means to consummate the crime
Intent Motive 3. ineffectual means to consummate the crime
purpose to use a moving power which impels
particular means to effect one to act Art. 5: Duty of the court in connection with
a result acts which should be repressed but which are
not covered by the law, and in cases of
element of crime except not an element excessive penalties
in crimes committed with
culpa Note: Paragraph 2 does not apply to crimes
essential in intentional essential only when the identity punishable by special law, including profiteering, and
felonies of the felon is in doubt illegal possession of firearms or drugs. There can be
no executive clemency for these crimes.

ART. 4: CRIMINAL LIABILITY

ART. 6: CONSUMMATED, FRUSTRATED, AND
ATTEMPTED FELONIES
Par.1 Criminal liability for a felony committed
different from that intended to be committed
STAGES OF EXECUTION:
1. CONSUMMATED – when all the elements
Requisites:
necessary for its execution and accomplishment
1. felony has been committed intentionally
are present
2. injury or damage done to the other party is
the direct, natural and logical consequence
2. FRUSTRATED
of the felony
Elements:
a. offender performs all acts of execution
Hence, since he is still motivated by criminal intent,
b. all these acts would produce the felony
the offender is criminally liable in:
as a consequence
1. Error in personae – mistake in identity
c. BUT the felony is NOT produced
2. Abberatio ictus – mistake in blow
d. by reason of causes independent of the
3. Praetor intentionem – lack of intent to
QuickTime™ and a
TIFF (Uncompressed) decompressor
will of the perpetrator
commit so grave a wrong
are needed to see this picture.

3. ATTEMPTED
PROXIMATE CAUSE – the cause, which in the
Elements:
natural and continuous sequence unbroken by any
a. offender commences the felony directly
efficient intervening cause, produces the injury,
by overt acts
without which the result would not have occurred
b. does not perform all acts which would
produce the felony
c. his acts are not stopped by his own
spontaneous desistance

Page 3 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Attempted Frustrated Consummated ART. 7: WHEN LIGHT FELONIES ARE

Overt acts of All acts of execution are All the acts of PUNISHABLE
execution are present execution are
started present General Rule: Punishable only when they have been
consummated
Not all acts of Crime sought to be The result Exception: Even if not consummated, if
execution are committed is not sought is committed against persons or property
present achieved achieved
Ex: slight physical injuries, theft, alteration of
boundary marks, malicious mischief, and intriguing
Due to reasons Due to intervening against honor.
other than the causes independent of
spontaneous the will of the perpetrator Note: Only principals and accomplices are liable;
desistance of the accessories are NOT liable even if committed against
perpetrator persons or property.

Crimes, which do not admit of Frustrated and ART. 8: CONSPIRACY AND PROPOSAL TO
Attempted Stages: COMMIT FELONY

1. Offenses punishable by Special Penal Laws, CONSPIRACY

unless the law provides otherwise
2. Formal crimes – consummated in one
instance
(Ex: slander, adultery, etc.)
3. Impossible Crimes
4. Crimes consummated by mere attempt
(Ex: attempt to flee to an enemy
country, treason, corruption of minors)
5. Felonies by omission
6. Crimes committed by mere agreement
(Ex: betting in sports: “ending,”
corruption of public officers)
Crimes which do not admit of Frustrated Stage:
1. Rape
2. Bribery
3. Corruption of Public Officers
4. Adultery
5. Physical Injury
2 stages in the development of a crime:
1. Internal acts
- e.g. mere ideas QuickTime™
of the mind and a
- not punishable
TIFF (Uncompressed) decompressor
are needed to see this picture.
2. External acts
a. Preparatory acts - ordinarily not
punishable except when
considered by law as independent
crimes
(e.g. Art. 304, Possession of
picklocks and similar tools)
b. Acts of Execution - punishable under
the RPC
Requisites:
1. Two or more persons come to an agreement
2. For the commission of a felony
3. And they decide to commit it
Concepts of Conspiracy:
1. As a crime in itself
Ex: conspiracy to commit rebellion,
insurrection, treason, sedition, coup d’ etat
2. Merely as a means to commit a crime
Requisites:
a. a prior and express agreement
b. participants acted in concert or
simultaneously, which is indicative of
a meeting of the minds towards a
common criminal objective
Note: Conspiracy to commit a felony is different from
conspiracy as a manner of incurring criminal liability.
General Rule: Conspiracy to commit a felony is not
punishable since it is merely a preparatory act.
Exception: when the law specifically provides for
a penalty
Ex: rebellion, insurrection, sedition, coup d’
etat
General Rule: The act of one is the act of all.
Exception: Unless one or some of the
conspirators committed some other crime which
is not part of the intended crime.

Page 4 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Exception to the exception: When the act
constitutes an indivisible offense.
OVERT ACTS IN CONSPIRACY MUST
CONSIST OF:
1. Active participation in the actual
commission of the crime itself, or
2. Moral assistance to his co-conspirators by
being present at the time of the
commission of the crime, or
3. Exerting a moral ascendance over the
other co-conspirators by moving them to
execute or implement the criminal plan
People v. Abut, et al. (GR No. 137601, April 24,
2003)
1 month and 1 day to 6 years
3. Light felonies - arresto menor (1 day to 30
days)
ART. 10: OFFENSES NOT SUBJECT TO THE
PROVISIONS OF THIS CODE
General Rule: RPC provisions are supplementary to
special laws.
Exceptions:
1. when special law provides otherwise
2. when provision of RPC are impossible of
application, either by express provision
or by necessary implication

Special Laws RPC

PROPOSAL TO COMMIT A FELONY Terms imprisonment prision
Requisites: correccional,
1. A person has decided to commit a felony prision mayor,
2. And proposes its execution to some other arresto mayor,
person or persons
etc.
Attempted or General Rule: Not Punishable
Frustrated punishable
Conspiracy Proposal Stages Exception: Unless
Elements Agreement to person decides to otherwise stated
commit AND commit a crime Plea of guilty as No Yes
commission AND proposes the mitigating
same to another circumstance
Crimes Conspiracy to Proposal to Minimum, Not applicable Yes
commit: sedition, commit: treason, medium and
treason, rebellion, rebellion, coup d’ maximum
coup d’ etat etat periods
Penalty for General Rule: Yes
*no proposal to accessory or None
commit sedition accomplice Exception: Unless
otherwise stated

Provisions of RPC applicable to special laws:

ART. 9: GRAVE FELONIES, LESS GRAVE
FELONIES AND LIGHT FELONIES
QuickTime™ and a
TIFF (Uncompressed) decompressor
Importance of Classification
are needed to see this picture.
1. To determine whether the felonies can be
complexed or not.
2. To determine the prescription of the crime
and of the penalty.
Penalties (imprisonment):
1. Grave felonies – afflictive penalties: 6 yrs.
and 1 day to reclusion perpetua (life)
2. Less grave felonies – correctional penalties:
• Art. 16 Participation of Accomplices
• Art. 22 Retroactivity of Penal laws if favorable
to the accused
• Art. 45 Confiscation of instruments used in
the crime
Note: When the special law adopts the penalties
imposed in the RPC i.e. penalties as reclusion
perpetua, prision correccional, etc. the provisions of
the RPC on imposition of penalties based on stages
of execution, degree of participation and attendance
of mitigating and aggravating circumstance may be
applied by necessary implication.

Page 5 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Chapter Two
JUSTIFYING CIRCUMSTANCES
AND CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
ART. 11. JUSTIFYING CIRCUMSTANCES
JUSTIFYING CIRCUMSTANCES – where the act of
a person is in accordance with law such that said
person is deemed not to have violated the law.
General Rule: No criminal and civil liability incurred.
Exception: There is civil liability with respect to
par. 4 where the liability is borne by persons
benefited by the act.
Par. 1 Self-defense
Elements:
1. Unlawful Aggression
ƒ indispensable requirement
ƒ There must be actual physical assault or
aggression or an immediate and
imminent threat, which must be offensive
and positively strong.
ƒ The defense must have been made
during the existence of aggression,
otherwise, it is no longer justifying.
ƒ While generally an agreement to fight
does not constitute unlawful aggression,
violation of the terms of the agreement to
fight is considered an exception.
2. Reasonable necessity of the means
employed to prevent or repel it –
Test of reasonableness depends on:
(1) weapon used by aggressor
(2) physical condition, character, size
and other circumstances
QuickTime™ and a
TIFF (Uncompressed) decompressor of
aggressor
are needed to see this picture.
(3) physical condition, character, size
and circumstances of person
defending himself
(4) place and occasion of assault
3. Lack of sufficient provocation on the part
of the person defending himself
NOTE: Perfect equality between the weapons used,
nor material commensurability between the means of
attack and defense by the one defending himself and
that of the aggressor is not required
REASON: the person assaulted does not have
sufficient opportunity or time to think and calculate.
Rights included in self-defense:
1. defense of person
2. defense of rights protected by law
3. defense of property (only if there is also an
actual and imminent danger on the person of
the one defending)
4. defense of chastity
Kinds of Self-Defense:
1. self-defense of chastity – there must be an
attempt to rape the victim
2. defense of property – must be coupled with
an attack on the person of the owner, or on
one entrusted with the care of such property.
People v. Narvaez, (GR No. L-33466-67,
April 20, 1983)
Attack on property alone was deemed
sufficient to comply with element of
unlawful aggression
3. self-defense in libel – justified when the
libel is aimed at a person’s good name.
“Stand ground when in the right” - the law does
not require a person to retreat when his assailant is
rapidly advancing upon him with a deadly weapon.
NOTE: Under Republic Act 9262 (Anti-Violence
Against Women and Their Children Act of 2004),
victim-survivors who are found by the Courts to be
suffering from Battered Woman Syndrome (BWS) do
not incur any criminal or civil liability despite absence
of the necessary elements for the justifying
circumstance of self-defense in the RPC. BWS is a
scientifically defined pattern of psychological and
behavioral symptoms found in women living in
battering relationships as a result of cumulative
abuse.
Par. 2 Defense of Relative
Elements:
1. unlawful aggression (indispensable
requirement)
Page 6 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. reasonable necessity of the means employed
to prevent or repel it
3. In case the provocation was given by the
person attacked, the one making the defense
had no part in such provocation.
Relative entitled to the defense:
1. spouse
2. ascendants
3. descendants
4. legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees
th
5. relatives by consanguinity within the 4 civil
degree
NOTE: The relative defended may be the original
aggressor. All that is required to justify the act of the
relative defending is that he takes no part in such
provocation.
Par. 3 Defense of Stranger
Elements:
1. unlawful aggression (indispensable
requirement)
2. reasonable necessity of the means employed
to prevent or repel it
3. person defending be not induced by revenge,
resentment or other evil motive
Par. 4 State of Necessity (Avoidance of Greater
Evil or Injury)
Elements:
1. evil sought to be avoided actually exists
2. injury feared be greater than that done to
avoid it
3. no other practical and less harmful means of
preventing it
NOTE: The necessity must not be due to the
negligence or violation of any law by the actor.
QuickTime™ and a
Par. 5 FulfillmentTIFFof(Uncompressed)
Duty or decompressor
Lawful Exercise of
are needed to see this picture.
a Right or Office
Elements:
1. accused acted in the performance of duty or
in the lawful exercise of a right or office
2. the injury caused or offense committed be
the necessary consequence of the due
performance of the duty, or the lawful
exercise of such right or office.
NOTE: The accused must prove that he was duly
appointed to the position claimed he was discharging
at the time of the commission of the offense. It must
also be shown that the offense committed was the
necessary consequence of such fulfillment of duty, or
lawful exercise of a right or office.
Par. 6 Obedience to a Superior Order
Elements:
1. an order has been issued
2. order has a lawful purpose (not patently
illegal)
3. means used by subordinate to carry out said
order is lawful
NOTE: The superior officer giving the order cannot
invoke this justifying circumstance. Good faith is
material, as the subordinate is not liable for carrying
out an illegal order if he is not aware of its illegality
and he is not negligent.
General Rule: Subordinate cannot invoke this
circumstance when order is patently illegal.
Exception: When there is compulsion of an
irresistible force, or under impulse of
uncontrollable fear.
ART. 12: CIRCUMSTANCES, WHICH EXEMPT
FROM CRIMINAL LIABILITY
EXEMPTING CIRCUMSTANCES – grounds for
exemption from punishment because there is wanting
in the agent of the crime any of the conditions which
make the act voluntary or negligent.
Basis: The exemption from punishment is based on
the complete absence of intelligence, freedom of
action, or intent, or on the absence of negligence on
the part of the accused.
Burden of proof: Any of the circumstances is a
matter of defense and must be proved by the
defendant to the satisfaction of the court.
Justifying Exempting
Who/what Act Actor
is
affected?
Nature of act is considered act is wrongful but
act legal actor not liable
Existence None Yes, but since
Page 7 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

of a crime voluntariness is absent the consequences of the unlawful act, which is shown
the actor is not liable by the:
Liability No criminal and civil No criminal liability but 1. manner the crime was committed
liability BUT there is there is civil liability 2. conduct of the offender after its commission
civil liability as to EXCEPT as to Art.
NOTE: Under R.A. 9344 a minor over 15 but but
Art.11(4) (state of 12(4) (injury by mere
below 18 who acted without discernment is
necessity) accident) and (7)
exempt from criminal liability
(lawful cause)
Par. 4 Accident without fault or intention of
Par. 1 Imbecility or Insanity causing it

IMBECILE – one while advanced in age has a mental Elements:

development comparable to that of children between
2 and 7 years old. He is exempt in all cases from
criminal liability.
INSANE – one who acts with complete deprivation of
intelligence/reason or without the least discernment
or with total deprivation of freedom of will. Mere
abnormality of the mental faculties will not exclude
imputability.
General Rule: Exempt from criminal liability
Exception: The act was done during a lucid
interval.
NOTE: Defense must prove that the accused was
insane at the time of the commission of the crime
because the presumption is always in favor of sanity.
1. A person is performing a lawful act
2. with due care
3. He causes injury to another by mere accident
4. Without fault or intention of causing it.
Par. 5 Irresistible Force
IRRESISTIBLE FORCE – offender uses violence or
physical force to compel another person to commit a
crime.
Elements:
1. The compulsion is by means of physical
force.
2. The physical force must be irresistible.
3. The physical force must come from a third
person.

NOTE: Force must be irresistible so as to reduce the

Par. 2 Under Nine Years of Age
Requisite: Offender is under 9 years of age at the
time of the commission of the crime. There is
absolute criminal irresponsibility in the case of a
minor under 9 years of age.
NOTE: Under R.A. 9344 or the Juvenile Justice And
Welfare Act a minor 15 years and below is exempt
from criminal liability
individual to a mere instrument.
Par. 6 Uncontrollable Fear
UNCONTROLLABLE FEAR – offender employs
intimidation or threat in compelling another to commit
a crime.
DURESS – use of violence or physical force

Par. 3 Person Over 9 and Under 15 Acting Elements:

Without Discernment
QuickTime™ and a
TIFF (Uncompressed) decompressor
1. The threat which causes the fear is of an evil
are needed to see this picture. greater than, or at least equal to, that which
he is required to commit.
2. It promises an evil of such gravity and
NOTE: Such minor must have acted without imminence that an ordinary man would have
discernment to be exempt. If with discernment, he is succumbed to it.
criminally liable.
NOTE: Duress to be a valid defense should be based
Presumption: The minor committed the crime on real, imminent or reasonable fear for one’s life or
without discernment. limb. It should not be inspired by speculative, fanciful
or remote fear. A threat of future injury is not enough.
DISCERNMENT – mental capacity to fully appreciate

Page 8 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOT a bar to Accused will be acquitted

accused’s prosecution
ACTUS ME INVITO FACTUS NON EST MEUS and conviction
ACTUS – Any act done by me against my will is not
my act. NOT an absolutory Absolutory cause
cause
PAR 7. Insuperable Cause

INSUPERABLE CAUSE – some motive, which has

lawfully, morally or physically prevented a person to Chapter Three
do what the law commands CIRCUMSTANCES WHICH MITIGATE CRIMINAL
LIABILITY
Elements:
1. An act is required by law to be done.
2. A person fails to perform such act.
3. His failure to perform such act was due to
some lawful or insuperable cause. Privileged Mitigating Ordinary Mitigating
Offset by any Cannot be offset Can be offset by a
Ex: aggravating generic aggravating
1. A priest can’t be compelled to reveal what circumstance circumstance
was confessed to him. Effect on Effect of imposing the If not offset, has the
2. No available transportation – officer not liable penalty penalty by 1 or 2 effect of imposing the
for arbitrary detention degrees lower than minimum period of
3. Mother who was overcome by severe
that provided by law the penalty
dizziness and extreme debility, leaving child
to die – not liable for infanticide (People v. Kinds Minority, Incomplete Those
Bandian, 63 Phil 530) (Sources) Self-defense, two or circumstances
more mitigating enumerated in
ABSOLUTORY CAUSES – where the act committed circumstance without paragraph 1 to 10 of
is a crime but for some reason of public policy and any aggravating Article 13
sentiment, there is no penalty imposed. Exempting circumstance (has the
and justifying circumstances are absolutory causes. effect of lowering the
Examples of such other circumstances are: penalty by one
1. spontaneous desistance (Art. 6) degree). Art. 64, 68
2. accessories exempt from criminal liability and 69
(Art. 20)
3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247)
Age Criminal Responsibility/ Effect
4. persons exempt from criminal liability from
theft, swindling, malicious mischief (Art 332) ≤ 15years Absolute irresponsibility, exempting
5. instigation circumstance
* as amended by RA 9344
NOTE: Entrapment is NOT an absolutory cause. A 15 < and < Conditional responsibility
buy-bust operation conducted in connection with 18 Without discernment – not criminally
illegal drug-related offenses is a form of entrapment. liable
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
With discernment – criminally liable
Entrapment Instigation * as amended by RA 9344
The ways and means Instigator practically induces the Minor Sentence is suspended
are resorted to for the would-be accused into the delinquent
purpose of trapping commission of the offense and 18 ≤ and ≤ 70 Full responsibility
and capturing the himself becomes a co-principal
lawbreaker in the
execution of his
criminal plan.

Page 9 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

> 70 Mitigated responsibility, no imposition of This provision addresses the intention of the offender
death penalty, execution of death at the particular moment when the offender executes
sentence may be suspended and or commits the criminal act, not to his intention during
commuted the planning stage

NOTE: In crimes against persons – if victim does not

die, the absence of the intent to kill reduces the
felony to mere physical injuries. It is not considered
as mitigating. It is mitigating only when the victim
ART. 13: MITIGATING CIRCUMSTANCES
dies.

MITIGATING CIRCUMSTANCES – those which if NOTE: It is not applicable to felonies by negligence

present in the commission of the crime reduces the
penalty of the crime but does not erase criminal
liability nor change the nature of the crime
NOTE: A mitigating circumstance arising from a
single fact absorbs all the other mitigating
circumstances arising from that same fact.
because in felonies through negligence, the offender
acts without intent. The intent in intentional felonies is
replaced by negligence or imprudence. There is no
intent on the part of the offender, which may be
considered as diminished
Par. 4 Provocation or Threat

Provocation – any unjust or improper conduct or act

Par. 1 Incomplete Justifying or Exempting of the offended party, capable of exciting, inciting or
Circumstances irritating anyone.

NOTE: This applies when not all the requisites are Provocation Vindication
present. Made directly only to the Grave offense may be also
If two requisites are present, it is considered a person committing the against the offender’s
privileged mitigating circumstance. However, in felony relatives mentioned by law
reference to Art.11(4) if any of the last two requisites
is absent, there is only an ordinary mitigating Cause that brought Offended party must have
circumstance. Remember though, that in self-
about the provocation done a grave offense to the
defense, defense of relative or stranger, unlawful
need not be a grave offender or his relatives
aggression must always be present as it is an
indispensable requirement. offense
Necessary that May be proximate. Time
provocation or threat interval allowed
Par. 2 Under 18 or Over 70 Years Old immediately preceded
the act. No time interval
NOTE: Age of accused is determined by his age at
the date of commission of crime, not date of trial.
Requisites:
1. provocation must be sufficient
Par. 3 No Intention to Commit so Grave a
2. it must originate from the offended party
Wrong
3. must be immediate to the commission of the
NOTE: Can be used only when
QuickTime™ and a the proven facts
TIFF (Uncompressed) decompressor crime by the person who is provoked
show that there is a notable
are needed toand
see thisevident
picture. disproportion
between the means employed to execute the criminal NOTE: Threat should not be offensive and positively
act and its consequences. strong. Otherwise, it would be an unlawful
aggression, which may give rise to self-defense and
Factors that can be considered are: thus no longer a mitigating circumstance.
1. weapon used
2. injury inflicted
3. part of the body injured
4. mindset of offender at the time of commission
of crime

Page 10 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3rd person
Par. 5 Vindication of Grave Offense Must come from lawful sentiments Unlawful

Requisites: PASSION & OBFUSCATION PROVOCATION

1. a grave offense done to the one committing Produced by an impulse which Comes from injured
the felony, his spouse, ascendants, may be caused by provocation party
descendants, legitimate, natural or adopted
brothers or sisters or relatives by affinity Offense which engenders Immediately precede
within the same degrees perturbation of mind need not be the commission of the
2. the felony is committed in immediate immediate. It is only required that crime
vindication of such grave offense the influence thereof lasts until
the crime is committed
NOTE: “Immediate” allows for a lapse of time, as
long as the offender is still suffering from the mental Effect is loss of reason and self- Same
agony brought about by the offense to him. control on the part of the offender
(proximate time, not just immediately after)

Par. 7 Surrender and Confession of Guilt

Par. 6 Passion or Obfuscation
VOLUNTARY VOLUNTARY
Requisites: SURRENDER PLEA OF GUILT
1. offender acted upon an impulse Requisites: 1. offender not 1. offender
2. the impulse must be so powerful that it actually arrested spontaneously
naturally produced passion or obfuscation in 2. offender confessed his
him
surrendered to guilt
NOTE: Act must have been committed not in the person in 2. confession was
spirit of lawlessness or revenge; act must come from authority made in open
lawful sentiments. 3. surrender was court, that is,
voluntary before the
Act, Which Gave Rise To Passion And competent court
Obfuscation: that is to try the
1. That there be an act, both unlawful and case
unjust 3. confession of guilt
2. The act be sufficient to produce a condition was made prior to
of mind the presentation
3. That the act was proximate to the criminal of the evidence
act, not admitting of time during which the for the
perpetrator might recover his normal
prosecution
equanimity
4. The victim must be the one who caused the
passion or obfuscation WHEN SURRENDER VOLUNTARY
- must be spontaneous, showing the intent of the
NOTE: Passion and
QuickTime™ and a
TIFFobfuscation cannot co-exist with
(Uncompressed) decompressor
accused to submit himself unconditionally to the
are needed to see this picture.
treachery since this means that the offender had time authorities, either because:
to ponder his course of action. 1. he acknowledges his guilt; or
2. he wishes to save them the trouble and
expense necessarily incurred in his search
PASSION & OBFUSCATION IRRESISTIBLE
and capture.
FORCE
Mitigating Exempting NOTE: If both are present, considered as two
No physical force needed Requires physical independent mitigating circumstances. Further
force mitigates penalty.
From the offender himself Must come from a

Page 11 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTES: extreme poverty, similar to

ƒ plea made after arraignment and after trial incomplete justification based on
has begun does not entitle accused to the state of necessity
mitigating circumstance
ƒ If accused pleaded not guilty, even if during
arraignment, he is entitled to mitigating
circumstance as long as he withdraws his
plea of not guilty to the charge before the CHAPTER FOUR
fiscal could present his evidence. CIRCUMSTANCES WHICH AGGRAVATE
ƒ Plea to a lesser charge is not a Mitigating CRIMINAL LIABILITY
Circumstance because to be such, the plea
of guilt must be to the offense charged.
ƒ Plea to the offense charged in the amended
info, lesser than that charged in the original AGGRAVATING CIRCUMSTANCES – Those which,
info, is Mitigating Circumstance. if attendant in the commission of the crime, serve to
have the penalty imposed in its maximum period
provided by law for the offense or those that change
Par. 8 Physical Defect of Offender
the nature of the crime.

The offender is deaf and dumb, blind or otherwise BASIS: The greater perversity of the offender
suffering from some physical defect, restricting his manifested in the commission of the felony as shown
means of action, defense or communication with by:
others. 1. the motivating power itself,
2. the place of the commission,
NOTE: The physical defect must relate to the offense 3. the means and ways employed
committed. 4. the time, or
5. the personal circumstances of the offender,
or the offended party.
Par. 9 Illness of the Offender

Requisites: KINDS OF AGGRAVATING CIRCUMSTANCES:

1. The illness of the offender must diminish the 1. Generic - those which apply to all crimes
exercise of his will-power. 2. Specific - those which apply only to specific
2. Such illness should not deprive the offender crimes,
of consciousness of his acts. 3. Qualifying - those that change the nature of
the crime
Par. 10 Similar and Analogous Circumstances 4. Inherent - which of necessity accompany
the commission of the crime, therefore not
considered in increasing the penalty to be
imposed
Examples Not examples
5. Special - those which arise under special
defendant who is 60 years old killing the wrong conditions to increase the penalty of the
with failing eyesight is similar to a person offense and cannot be offset by mitigating
case of one over 70 yrs old circumstances
outraged feeling of TIFF
owner of notandresisting
QuickTime™ a
(Uncompressed) decompressor
arrest is
animal taken for ransom is not the same as
are needed to see this picture. GENERIC QUALIFYING
analogous to vindication of grave voluntary surrender AGGRAVATING AGGRAVATING
CIRCUMSTANCE CIRCUMSTANCE
offense
EFFECT : When not set EFFECT: Gives the
impulse of jealous feeling, similar running amuck is not off by any mitigating crime its proper and
to passion and obfuscation mitigating circumstance, exclusive name and
Increases the penalty places the author of
voluntary restitution of property, which should be the crime in such a
similar to voluntary surrender imposed upon the situation as to
accused to the deserve no other

Page 12 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

maximum period but penalty than that act of all, regardless of lack of knowledge of the
without exceeding the specially prescribed facts constituting the circumstance. (Art. 62, par.
limit prescribed by law by law for said 4)
crimes (People v.
Bayot, 64Phil269, 5. Aggravating circumstances, regardless of its
273) kind, should be specifically alleged in the
If not alleged in the To be considered information AND proved as fully as the crime
information, a as such, MUST be itself in order to increase the penalty. (Sec. 9,
qualifying aggravating alleged in the Rule 110, 2000 Rules of Criminal Procedure)
circumstance will be information
considered generic 6. When there is more than one qualifying
May be offset by a Cannot be offset by a aggravating circumstance present, one of them
mitigating circumstance. mitigating will be appreciated as qualifying aggravating
circumstance while the others will be considered as generic
aggravating.
RULES ON AGGRAVATING CIRCUMSTANCES:
1. Aggravating circumstances shall NOT be
appreciated if: ART. 14: AGGRAVATING CIRCUMSTANCES
a) They constitute a crime specially
punishable by law, or
b) It is included by the law in defining a crime Par. 1. That advantage be taken by the offender of
with a penalty prescribed, and therefore his public position
shall not be taken into account for the
purpose of increasing the penalty. Requisites:
Ex: “That the crime be committed by means of 1. Offender is public officer
…fire,…explosion” (Art. 14, par. 12) is in itself a 2. Public officer must use the influence,
crime of arson (Art. 321) or a crime involving prestige, or ascendancy which his office
destruction (Art. 324). It is not to be considered to gives him as means to realize criminal
increase the penalty for the crime of arson or for purpose
the crime involving destruction.
ƒ It is not considered as an aggravating
2. The same rule shall apply with respect to any circumstance where taking advantage of official
aggravating circumstance inherent in the crime to position is made by law an integral element of the
such a degree that it must of necessity crime or inherent in the offense,
accompany the commission thereof(Art.62, par.2) Ex: malversation (Art. 217), falsification of a
document committed by public officers (Art.
3. Aggravating circumstances which arise: 171).
a) From the moral attributes of the offender; ƒ When the public officer did not take advantage of
b) From his private relations with the offended the influence of his position, this aggravating
party; or circumstance is not present
c) From any personal cause, ƒ NOTE : Taking advantage of a public position is
also inherent in the case of accessories under
shall only serve to aggravate the liability of the Art. 19, par. 3 (harboring, concealing, or assisting
principals, accomplices and accessories as to in the escape of the principal of the crime), and in
whom such circumstances are attendant. (Art.
QuickTime™ and a
crimes committed by public officers (Arts. 204-
62, par. 3) TIFF (Uncompressed) decompressor
are needed to see this picture.
245).

4. The circumstances which consist :
a) In the material execution of the act, or
b) In the means employed to accomplish it,
shall serve to aggravate the liability of only those
persons who had knowledge of them at the time
of the execution of the act or their cooperation
therein. Except when there is proof of conspiracy
in which case the act of one is deemed to be the
Par. 2. That the crime be committed in contempt
of or with insult to public authorities
Requisites:
1. That the public authority is engaged in the
exercise of his functions.
2. That he who is thus engaged in the exercise
of said functions is not the person against
whom the crime is committed.

Page 13 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. The offender knows him to be a public
authority.
4. His presence has not prevented the offender
from committing the criminal act.
PERSON IN AUTHORITY – public authority, or
person who is directly vested with jurisdiction and has
the power to govern and execute the laws
Ex:
1. Governor
2. Mayor
3. Barangay captain/ chairman
4. Councilors
5. Government agents
6. Chief of Police
NOTE: A teacher or professor of a public or
recognized private school is not a “public authority
within the contemplation of this paragraph. While he
is a person in authority under Art. 152, that status is
only for purposes of Art. 148 (direct assault) and Art.
152 (resistance and disobedience).
ƒ The crime should not be committed against the
public authority (otherwise it will constitute direct
assault under Art.148)
ƒ This is NOT applicable when committed in the
presence of a mere agent.
AGENT – subordinate public officer charged w/ the
maintenance of public order and protection and
security of life and property
Ex: barrio vice lieutenant, barrio councilman
Par. 3. That the act be committed:
(1) with insult or in disregard of the respect
due the offended party on account of his
(a)rank, (b) age, or (c) sex or
(2) that it be committed in the dwelling of the
offended party, if the latter has not given
provocation
Rules regarding par 3(1):
1. These circumstances shall only be
QuickTime™ and a
consideredTIFF
as one aggravating
(Uncompressed) decompressor circumstance.
are needed to see this picture.
2. Rank, age, sex may be taken into account
only in crimes against persons or honor, they
cannot be invoked in crimes against property.
3. It must be shown that in the commission of
the crime the offender deliberately intended
to offend or insult the sex, age and rank of
the offended party.
RANK – The designation or title of distinction used to
fix the relative position of the offended party in
reference to others (There must be a difference in the
social condition of the offender and the offended
party).
AGE – may refer to old age or the tender age of the
victim.
SEX– refers to the female sex, not to the male sex.
The AC of disregard of rank, age, or sex is not
applicable in the following cases:
1. When the offender acted with passion and
obfuscation.
2. When there exists a relationship between the
offended party and the offender.
3. When the condition of being a woman is
indispensable in the commission of the
crime.
(Ex: in parricide, abduction, seduction
and rape)
People vs. Lapaz, March 31, 1989
Disregard of sex and age are not absorbed in
treachery because treachery refers to the manner of
the commission of the crime, while disregard of sex
and age pertains to the relationship of the victim.
DWELLING – must be a building or structure
exclusively used for rest and comfort (combination of
house and store not included), may be temporary as
in the case of guests in a house or bedspacers. It
includes dependencies, the foot of the staircase and
the enclosure under the house
NOTES:
ƒ The aggravating circumstance of dwelling
requires that the crime be wholly or partly
committed therein or in any integral part thereof.
ƒ Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He must,
however, be actually living or dwelling therein
even for a temporary duration or purpose.
ƒ It is not necessary that the accused should have
actually entered the dwelling of the victim to
commit the offense; it is enough that the victim
was attacked inside his own house, although the
assailant may have devised means to perpetrate
the assault from without.
What aggravates the commission of the crime in
one’s dwelling:
1. The abuse of confidence which the offended
party reposed in the offender by opening the
door to him; or
Page 14 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

2. The violation of the sanctity of the home by 5. The victim is not a dweller of the house.
trespassing therein with violence or against
the will of the owner. Par. 4. That the act be committed with:
(1) abuse of confidence or
Meaning of provocation in the aggravating (2) obvious ungratefulness
circumstance of dwelling:
The provocation must be: ƒ There are two aggravating circumstances present
1. Given by the owner of the dwelling, under par.4 which must be independently
2. Sufficient, and appreciated if present in the same case
3. Immediate to the commission of the crime. ƒ While one may be related to the other in the factual
situation in the case, they cannot be lumped
NOTE: If all these conditions are present, the together. Abuse of confidence requires a special
offended party is deemed to have given the confidential relationship between the offender and
provocation, and the fact that the crime is committed the victim, while this is not required for there to be
in the dwelling of the offended party is NOT an obvious ungratefulness
aggravating circumstance.
REASON: When it is the offended party who has Requisites Of Abuse Of Confidence:
provoked the incident, he loses his right to the 1. That the offended party had trusted the
respect and consideration due him in his own offender.
house. 2. That the offender abused such trust by
committing a crime against the offended
party.
Dwelling is not aggravating in the following
3. That the abuse of confidence facilitated the
cases:
commission of the crime.
1. When both the offender and the offended
party are occupants of the same house, and
NOTE: Abuse of confidence is inherent in
this is true even if offender is a servant in the
malversation (Art. 217), qualified theft (Art. 310),
house.
estafa by conversion or misappropriation (Art. 315),
exception: In case of adultery in the
and qualified seduction (Art. 337).
conjugal dwelling, the same is
aggravating. However, if the paramour
Requisites of obvious ungratefulness:
also dwells in the conjugal dwelling, the
1. That the offended party had trusted the
applicable aggravating circumstance is
offender;
abuse of confidence.
2. That the offender abused such trust by
committing a crime against the offended
2. When robbery is committed by the use of
party.
force upon things, dwelling is not aggravating
3. That the act be committed with obvious
because it is inherent.
ungratefulness.
ƒ However, dwelling is aggravating in
NOTE: The ungratefulness contemplated by par. 4
robbery with violence against or
must be such clear and manifest ingratitude on the
intimidation of persons because this class
part of the accused.
of robbery can be committed without the
necessity of trespassing the sanctity of the
Par. 5. That the crime be committed in the palace
offended party’s house.
of the Chief Executive, or in his presence, or
QuickTime™ and a
TIFF (Uncompressed) decompressor where public authorities are engaged in the
3. In the crimeare needed
of trespass to dwelling, it is
to see this picture.
discharge of their duties, or in a place
inherent or included by law in defining the
dedicated to religious worship.
crime.
ƒ Actual performance of duties is not necessary
4. When the owner of the dwelling gave
when crime is committed in the palace or in the
sufficient and immediate provocation.
presence of the Chief Executive
ƒ There must exist a close relation between
the provocation made by the victim and the
Requisites Regarding Public Authorities:
commission of the crime by the accused.
1. crime occurred in the public office

Page 15 of 174
 Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. public authorities are actually performing
their public duties
PAR. 5. Where public PAR. 2. Contempt or
authorities are engaged insult to public
in the discharge of their authorities
duties
FOR BOTH, Public authorities are in the performance
of their duties
Place where public duty is performed
In their office. Outside of their office.
The offended party
May or may not be the Public authority should
public authority not be the offended
party
Requisites (Place Dedicated To Religious
Worship):
1. The crime occurred in a place dedicated to
the worship of God regardless of religion
2. The offender must have decided to commit
the crime when he entered the place of
worship
ƒ Except for the third which requires that official
functions are being performed at the time of the
commission of the crime, the other places
mentioned are aggravating per se even if no
official duties or acts of religious worship are
being conducted there.
ƒ Cemeteries, however respectable they may be,
are not considered as place dedicated to the
worship of God.
Par. 6. That the crime be committed
(1) in the nighttime, or
(2) in an uninhabited place, or
(3) by a band,
whenever such circumstance may facilitate
the commission of the offense
NOTE: When present in the same case and their
element are distinctly palpable and can subsist
independently, they shall be considered separately.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
When nighttime, uninhabited place or band
aggravating:
1. When it facilitated the commission of the
crime; or
2. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; or
3. When the offender took advantage thereof
for the purpose of impunity
NIGHTTIME (obscuridad) – that period of darkness
beginning at the end of dusk and ending at dawn.
ƒ Commission of the crime must begin and be
accomplished in the nighttime. When the
place of the crime is illuminated by light,
nighttime is not aggravating. It is not
considered aggravating when the crime
began at daytime.
ƒ Nighttime is not especially sought for when
the notion to commit the crime was
conceived of shortly before commission or
when crime was committed at night upon a
casual encounter
ƒ However, nighttime need not be specifically
sought for when (1) it facilitated the
commission of the offense, or (2) the
offender took advantage of the same to
commit the crime
ƒ A bare statement that crime was committed
at night is insufficient. The information must
allege that nighttime was sought for or taken
advantage of, or that it facilitated the crime
GENERAL RULE: Nighttime is absorbed in
treachery.
EXCEPTION: Where both the treacherous mode
of attack and nocturnity were deliberately decided
upon in the same case, they can be considered
separately if such circumstances have different
factual bases. Thus:
ƒ In People vs. Berdida, et. al. (June 30,
1966), nighttime was considered since it was
purposely sought, and treachery was further
appreciated because the victim’s hands and
arms were tied together before he was
beaten up by the accused.
ƒ In People vs. Ong, et. al. (Jan. 30, 1975),
there was treachery as the victim was
stabbed while lying face up and defenseless,
and nighttime was considered upon proof
that it facilitated the commission of the
offense and was taken advantage of by the
accused.
UNINHABITED PLACE (despoblado) – one where
there are no houses at all, a place at a considerable
distance from town, where the houses are scattered
at a great distance from each other
ƒ Solitude must be sought to better attain the
criminal purpose
ƒ What should be considered here is whether in the
place of the commission of the offense, there was
a reasonable possibility of the victim receiving
some help.
Page 16 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
BAND (en cuadrilla) – whenever there are more
than 3 armed malefactors that shall have acted
together in the commission of an offense
NOTE: There must be four or more armed men
ƒ If one of the four-armed malefactors is a principal
by inducement, they do not form a band because
it is undoubtedly connoted that he had no direct
participation.
ƒ “By a band” is aggravating in crimes against
property or against persons or in the crime of
illegal detention or treason but does not apply to
crimes against chastity
ƒ “By a band” is inherent in brigandage
ƒ This aggravating circumstance is absorbed in the
circumstance of abuse of superior strength
Par. 7. That the crime be committed on the
occasion of a conflagration, shipwreck,
earthquake, epidemic or other calamity or
misfortune.
Requisites:
1. The crime was committed when there was a
calamity or misfortune
2. The offender took advantage of the state of
confusion or chaotic condition from such
misfortune
ƒ If the offended was PROVOKED by the offended
party during the calamity/misfortune, this
aggravating circumstance may not be taken into
consideration.
Par. 8.That the crime be committed with the aid of
(1) armed men or
(2) persons who insure or afford impunity
Requisites:
1. That armed men or persons took part in the
commission of the crime, directly or
indirectly.
2. That the accused availed himself of their aid
or relied upon them when the crime was
QuickTime™ and a
committed.TIFF (Uncompressed) decompressor
are needed to see this picture.
NOTE: This aggravating circumstance requires that
the armed men are accomplices who take part in a
minor capacity directly or indirectly, and not when
they were merely present at the crime scene. Neither
should they constitute a band, for then the proper
aggravating circumstance would be cuadrilla.
When This Aggravating Circumstance Shall Not
Be Considered:
1. When both the attacking party and the party
attacked were equally armed.
2. When the accused as well as those who
cooperated with him in the commission of the
crime acted under the same plan and for the
same purpose.
3. When the others were only “casually present”
and the offender did not avail himself of any
of their aid or when he did not knowingly
count upon their assistance in the
commission of the crime
Par. 6 “By a band” Par. 8. “With the aid of
armed men”
As to their number
Requires more than three At least two
armed malefactors (i.e.,
at least four)
As to their action
Requires that more than This circumstance is
three armed malefactors present even if one of the
shall have acted together offenders merely relied on
in the commission of an their aid, for actual aid is
offense. not necessary.
ƒ If there are four armed men, aid of armed men is
absorbed in employment of a band. If there are
three armed men or less, aid of armed men may
be the aggravating circumstance.
ƒ “Aid of armed men” includes “armed women.”
Par. 9. That the accused is a recidivist
RECIDIVIST – one who at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC.
Requisites:
1. That the offender is on trial for an offense;
2. That he was previously convicted by final
judgment of another crime;
3. That both the first and the second offenses
are embraced in the same title of the Code;
4. That the offender is convicted of the new
offense.
MEANING OF “at the time of his trial for one
crime.”
It is employed in its general sense, including the
rendering of the judgment. It is meant to include
everything that is done in the course of the trial, from
Page 17 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
arraignment until after sentence is announced by the
judge in open court.
ƒ What is controlling is the TIME OF THE TRIAL,
not the time of the commission of the offense.
GENERAL RULE: To prove recidivism, it is
necessary to allege the same in the information and
to attach thereto certified copy of the sentences
rendered against the accused.
Exception: If the accused does not object and
when he admits in his confession and on the
witness stand.
ƒ Recidivism must be taken into account no matter
how many years have intervened between the
first and second felonies.
ƒ Amnesty extinguishes the penalty and its effects.
However, pardon does not obliterate the fact that
the accused was a recidivist. Thus, even if the
accused was granted a pardon for the first
offense but he commits another felony embraced
in the same title of the Code, the first conviction
is still counted to make him a recidivist
ƒ Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty,
except in prostitution and vagrancy (Art. 202) and
gambling (PD 1602) wherein recidivism increases
the penalties by degrees. No other generic
aggravating circumstance produces this effect
ƒ In recidivism it is sufficient that the succeeding
offense be committed after the commission of the
preceding offense provided that at the time of his
trial for the second offense, the accused had
already been convicted of the first offense.
ƒ If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in
order to constitute recidivism. Also, judgments of
convicted handed down on the same day shall be
considered as only one conviction.
REASON: Because the Code requires that to be
QuickTime™ and a
considered as TIFF
separate convictions,
(Uncompressed) decompressor at the time of
are needed to see this picture.
his trial for one crime the accused shall have
been previously convicted by final judgment of
the other.
Par. 10. That the offender has been previously
punished for an offense to which the law
attaches an equal or greater penalty or for
two or more crimes to which it attaches a
lighter penalty.
Requisites Of Reiteracion Or Habituality:
1. That the accused is on trial for an offense;
2. That he previously served sentence for
another offense to which the law attaches an
a) Equal or
b) Greater penalty, or
c) For two or more crimes to which it
attaches a lighter penalty than that
for the new offense; and
3. That he is convicted of the new offense
HABITUALITY RECIDIVISM
As to the first offense
It is necessary that the It is enough that a
offender shall have final judgment has
served out his been rendered in the
sentence for the first first offense.
offense
As to the kind of offenses involved
The previous and Requires that the
subsequent offenses offenses be included
must not be em in the same title of the
braced in the same Code.
title of the Code.
THE FOUR FORMS OF REPETITION ARE:
1. Recidivism (par. 9, Art. 14) – Where a person,
on separate occasions, is convicted of two offenses
embraced in the same title in the RPC. This is a
generic aggravating circumstance.
2. Reiteracion or Habituality (par. 10, Art. 14) –
Where the offender has been previously punished for
an offense to which the law attaches an equal or
greater penalty or for two crimes to which it attaches
a lighter penalty. This is a generic aggravating
circumstance.
3. Multi-recidivism or Habitual delinquency (Art.
62, par, 5) – Where a person within a period of ten
years from the date of his release or last conviction of
the crimes of serious or less serious physical injuries,
robbery, theft, estafa or falsification, is found guilty of
the said crimes a third time or oftener. This is an
extraordinary aggravating circumstance.
4. Quasi-recidivism (Art. 160) – Where a person
commits felony before beginning to serve or while
serving sentence on a previous conviction for a
felony. This is a special aggravating circumstance.
ƒ Since reiteracion provides that the accused has
duly served the sentence for his previous
conviction/s, or is legally considered to have
Page 18 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
done so, quasi-recidivism cannot at the same
time constitute reiteracion, hence this
aggravating circumstance cannot apply to a
quasi-recidivist.
ƒ If the same set of facts constitutes recidivism and
reiteracion, the liability of the accused should be
aggravated by recidivism which can easily be
proven.
Par. 11. That the crime be committed in
consideration of price, reward or promise.
Requisites:
1. There are at least 2 principals:
• The principal by inducement (one who
offers)
• The principal by direct participation
(accepts)
2. The price, reward, or promise should be
previous to and in consideration of the
commission of the criminal act
NOTE: The circumstance is applicable to both
principals .It affects the person who received the
price / reward as well as the person who gave it.
ƒ If without previous promise it was given
voluntarily after the crime had been committed as
an expression of his appreciation for the
sympathy and aid shown by the other accused, it
should not be taken into consideration for the
purpose of increasing the penalty.
ƒ The price, reward or promise need not consist of
or refer to material things or that the same were
actually delivered, it being sufficient that the offer
made by the principal by inducement be
accepted by the principal by direct participation
before the commission of the offense.
ƒ The inducement must be the primary
consideration for the commission of the crime.
Par. 12. That the crime be committed by means of
QuickTime™ and a
inundation, fire,
TIFF poison,
(Uncompressed)explosion,
decompressor
are needed to see this picture.
stranding
of a vessel or intentional damage thereto,
derailment of a locomotive, or by use of any
artifice involving great waste and ruin
ƒ The circumstances under this paragraph will only
be considered as aggravating if and when they
are used by the offender as a means to
accomplish a criminal purpose
ƒ When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only
ƒ When used as a means to kill another person,
the crime is qualified to murder.
PAR. 12 “by means PAR. 7 “on the
of inundation, fire, occasion of a
etc.” conflagration,
shipwreck, etc.
The crime is The crime is committed
committed by means on the occasion of a
of any such acts calamity or misfortune.
involving great waste
or ruin.
Par. 13. That the act be committed with evident
premeditation
Requisites:
The prosecution must prove –
1. The time when the offender determined to
commit the crime;
2. An act manifestly indicating that the culprit
has clung to his determination; and
3. A sufficient lapse of time between the
determination and execution, to allow him to
reflect upon the consequences of his act and
to allow his conscience to overcome the
resolution of his will.
Essence of premeditation: The execution of the
criminal act must be preceded by cool thought and
reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment.
ƒ To establish evident premeditation, it must be
shown that there was a period sufficient to afford
full opportunity for meditation and reflection, a
time adequate to allow the conscience to
overcome the resolution of the will, as well as
outward acts showing the intent to kill. It must be
shown that the offender had sufficient time to
reflect upon the consequences of his act but still
persisted in his determination to commit the
crime. (PEOPLE vs. SILVA, et. al., GR No.
140871, August 8, 2002)
ƒ Premeditation is absorbed by reward or promise.
ƒ When the victim is different from that intended,
premeditation is not aggravating. However, if the
Page 19 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
offender premeditated on the killing of any
person, it is proper to consider against the
offender the aggravating circumstance of
premeditation, because whoever is killed by him
is contemplated in his premeditation.
Par. 14. That (1) craft, (2) fraud, or (3) disguise be
employed.
Requisite
The offender must have actually used craft, fraud, or
disguise to facilitate the commission of the crime.
CRAFT (astucia) – involved the use of intellectual
trickery or cunning on the part of the accused.
A chicanery resorted to by the accused to aid in the
execution of his criminal design. It is employed as a
scheme in the execution of the crime.
FRAUD (fraude) – insidious words or machinations
used to induce the victim to act in a manner which
would enable the offender to carry out his design.
FRAUD CRAFT
Where there is a direct The act of the
inducement by insidious accused done in
words or machinations, order not to arouse
fraud is present. the suspicion of the
victim constitutes
craft.
ƒ Craft and fraud may be absorbed in treachery if
they have been deliberately adopted as the
means, methods or forms for the treacherous
strategy, or they may co-exist independently
where they are adopted for a different purpose in
the commission of the crime.
Ex:
ƒ In People vs. San Pedro (Jan. 22, 1980),
where the accused pretended to hire the
driver in order to get his vehicle, it was held
that there was craft directed to the theft of the
vehicle, separate QuickTime™ fromand a the means
TIFF (Uncompressed) decompressor
subsequentlyare used to thistreacherously
needed to see picture.
defenseless driver.
ƒ In People vs. Masilang (July 11, 1986) there
was also craft where after hitching a ride, the
accused requested the driver to take them to
a place to visit somebody, when in fact they
had already planned to kill the driver.
ƒ DISGUISE (disfraz) – resorting to any device to
conceal identity.
ƒ The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false hair or
beard.
ƒ The use of an assumed name in the publication
of a libel constitutes disguise.
Par. 15. That (1) advantage be taken of superior
strength, or (2) means be employed to
weaken the defense.
Par. 15 contemplates two aggravating circumstances,
either of which qualifies a killing to murder.
MEANING OF “advantage be taken”:
To deliberately use excessive force that is out of
proportion to the means for self-defense available to
the person attacked. (PEOPLE vs. LOBRIGAS, et.
al., GR No. 147649, December 17, 2002)
No Advantage Of Superior Strength In The
Following:
1. One who attacks another with passion and
obfuscation does not take advantage of his
superior strength.
2. When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man.
ƒ TEST for abuse of superior strength: the
relative strength of the offender and his victim
and whether or not he took advantage of his
greater strength.
ƒ When there are several offenders participating in
the crime, they must ALL be principals by direct
participation and their attack against the victim
must be concerted and intended to be so.
kill the ƒ Abuse of superior strength is inherent in the
crime of parricide where the husband kills the
wife. It is generally accepted that the husband is
physically stronger than the wife.
ƒ Abuse of superior strength is also present when
the offender uses a weapon which is out of
proportion to the defense available to the
offended party.
Page 20 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

“BY A BAND” “ABUSE OF directly and specially to insure its execution without
SUPERIOR risk to himself arising from the defense which the
STRENGTH” offended party might make.
The element of The gravamen of
Requisites:
band is appreciated abuse of superiority
1. That at the time of the attack, the victim was
when the offense is is the taking
not in a position to defend himself; and
committed by more advantage by the
2. That the offender consciously adopted the
than three armed culprits of their
particular means, method or form of attack
malefactors collective strength to
employed by him.
regardless of the overpower their
comparative relatively weaker
TEST: It is not only the relative position of the parties
strength of the victim or victims.
but, more specifically, whether or not the victim was
victim or victims.
forewarned or afforded the opportunity to make a
Hence, what is taken defense or to ward off the attack.
into account here is
not the number of Rules Regarding Treachery:
aggressors nor the 1. Applicable only to crimes against persons.
fact that they are 2. Means, methods or forms need not insure
armed, but their accomplishment of crime.
relative physical 3. The mode of attack must be consciously
strength vis-a vis the adopted.
offended party.
ƒ Treachery is taken into account even if the crime
against the person is complexed with another
NOTE: Abuse of superior strength absorbs cuadrilla felony involving a different classification in the
(“band”). Code. Accordingly, in the special complex crime
of robbery with homicide, treachery but can be
MEANING OF “Means employed to weaken appreciated insofar as the killing is concerned.
defense” - the offender employs means that
materially weaken the resisting power of the offended ƒ The suddenness of attack in itself does not
party. constitute treachery, even if the purpose was to
kill, so long as the decision was made all of a
Ex: sudden and the victim’s helpless position was
1. Where one, struggling with another, suddenly accidental.
throws a cloak over the head of his opponent
and while in this situation he wounds or kills ƒ Treachery applies in the killing of a child even if
him. the manner of attack is not shown.
2. One who, while fighting with another,
suddenly casts sand or dirt upon the latter ƒ Treachery must be proved by clear and
eyes and then wounds or kills him. convincing evidence
3. When the offender, who had the intention to
kill the victim, made the deceased ƒ Treachery is considered against all the offenders
intoxicated, thereby materially weakening the when there is conspiracy.
latter’s resisting power.
NOTE: This circumstance QuickTime™is andapplicable
a
TIFF (Uncompressed) decompressor
only to WHEN MUST TREACHERY BE PRESENT:
crimes against persons, and sometimes against
are needed to see this picture.
1. When the aggression is continuous,
person and property, such as robbery with treachery must be present in the beginning of
physical injuries or homicide. the assault. (PEOPLE vs. MANALAD, GR
No. 128593, August 14, 2002)
Par. 16. That the act be committed with treachery
(alevosia) ƒ Thus, even if the deceased was shot
while he was lying wounded on the
TREACHERY – when the offender commits any of ground, it appearing that the firing of the
the crimes against the person, employing means, shot was a mere continuation of the
methods or forms in the execution thereof which tend assault in which the deceased was

Page 21 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

wounded, with no appreciable time TREACHERY ABUSE OF MEANS

intervening between the delivery of the SUPERIOR EMPLOYED TO
blows and the firing of the shot, it cannot STRENGTH WEAKEN
be said that the crime was attended by DEFENSE
treachery. Means, methods Offender does Means are
or forms are not employ employed but it
2. When the assault was not continuous, in
employed by the means, only materially
that there was interruption, it is sufficient that
treachery was present at the moment the offender to make it methods or weakens the
fatal blow was given. impossible or hard forms of attack, resisting power of
for the offended he only takes the offended
ƒ Hence, even though in the inception of party to put any advantage of his party
the aggression which ended in the death sort of resistance superior
of the deceased, treachery was not strength
present, if there was a break in the
continuity of the aggression and at the
time of the fatal wound was inflicted on Par. 17. That means be employed or
the deceased he was defenseless, the circumstances brought about which add
circumstance of treachery must be taken ignominy to the natural effects of the act
into account.
IGNOMINY – is a circumstance pertaining to the
Treachery Should Be Considered Even If: moral order, which adds disgrace and obloquy to the
1. The victim was not predetermined but there material injury caused by the crime.
was a generic intent to treacherously kill any
first two persons belonging to a class. (The MEANING OF “which add ignominy to the natural
same rule obtains for evident premeditation). effects thereof”
The means employed or the circumstances brought
2. There was aberratio ictus and the bullet hit a about must tend to make the effects of the crime
person different from that intended. (The rule more humiliating to victim or to put the offended party
is different in evident premeditation). to shame, or add to his moral suffering. Thus it is
incorrect to appreciate ignominy where the victim was
3. There was error in personae, hence the already dead when his body was dismembered, for
victim was not the one intended by the such act may not be considered to have added to the
accused. (A different rule is applied in victim’s moral suffering or humiliation. (People vs.
evident premeditation). Carmina, G.R. No. 81404, January 28, 1991)

REASON FOR THE RULE: When there is ƒ Applicable to crimes against chastity, less
treachery, it is impossible for either the intended serious physical injuries, light or grave
victim or the actual victim to defend himself coercion, and murder.
against the aggression.
Par. 18. That the crime be committed after an
TREACHERY ABSORBS: unlawful entry.
1. Craft
2. Abuse of superior strength UNLAWFUL ENTRY - when an entrance is effected
3. Employing means to weaken the defense by a way not intended for the purpose.
QuickTime™ and a
4. Cuadrilla (“band”)
TIFF (Uncompressed) decompressor
are needed to see this picture.
5. Aid of armed men NOTE: Unlawful entry must be a means to effect
6. Nighttime entrance and not for escape.

REASON FOR AGGRAVATION:

One who acts, not respecting the walls erected by
men to guard their property and provide for their
personal safety, shows a greater perversity, a greater
audacity; hence, the law punishes him with more
severity.

Page 22 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Par. 19. That as a means to the commission of a
crime, a wall, roof, floor, door, or window be
broken.
ƒ Applicable only if such acts were done by
the offender to effect ENTRANCE. If the
wall, etc., is broken in order to get out of the
place, it is not an aggravating circumstance.
ƒ It is NOT necessary that the offender should
have entered the building Therefore, If the
offender broke a window to enable himself to
reach a purse with money on the table near
that window, which he took while his body
was outside of the building, the crime of theft
was attended by this aggravating
circumstance.
PAR. 19 PAR. 18
It involves the breaking Presupposes that there
(rompimiento) of the is no such breaking as
enumerated parts of by entry through the
the house. window.
NOTE: Breaking in is lawful in the following
instances:
1. An officer, in order to make an arrest, may
break open a door or window of any building
in which the person to be arrested is or is
reasonably believed to be;
2. An officer, if refused admittance, may break
open any door or window to execute the
search warrant or liberate himself,
3. Replevin, Section 4, Rule 60 of the Rules of
Court
Par. 20. That the crime be committed
(1) with the aid of persons under fifteen (15)
years of age, or
(2) by means of motor vehicles, airships, or
other similar means.
TWO DIFFERENTTIFFCIRCUMSTANCES
QuickTime™ and a
(Uncompressed) decompressor
GROUPED
IN THIS PARAGRAPH: are needed to see this picture.
1. With the aid of persons under fifteen years of
age:
ƒ Intends to repress, so far as possible, the
frequent practice resorted to by professional
criminals to avail themselves of minors taking
advantage of their irresponsibility.
2. By means of motor vehicles, airships, or
other similar means:
ƒ Intended to counteract the great facilities
found by modern criminals in said means to
commit crime and flee and abscond once the
same is committed.
ƒ Use of motor vehicle is aggravating where
the accused purposely and deliberately used
the motor vehicle in going to the place of the
crime, in carrying away the effects thereof,
and in facilitating their escape.
MEANING OF “or other similar means”
Should be understood as referring to motorized
vehicles or other efficient means of transportation
similar to automobile or airplane.
Par. 21. That the wrong done in the commission
of the crime be deliberately augmented by
causing other wrong not necessary for its
commission
CRUELTY – there is cruelty when the culprit enjoys
and delights in making his victim suffer slowly and
gradually, causing unnecessary physical pain in the
consummation of the criminal act.
Requisites:
1. That the injury caused be deliberately
increased by causing other wrong;
2. That the other wrong be unnecessary for the
execution of the purpose of the offender.
ƒ Cruelty is not inherent in crimes against persons.
ƒ In order for it to be appreciated, there must be
positive proof that the wounds found on the body
of the victim were inflicted while he was still alive
in order unnecessarily to prolong physical
suffering.
ƒ Cruelty cannot be presumed
ƒ If the victim was already dead when the acts of
mutilation were being performed, this would also
qualify the killing to murder due to outraging of
his corpse.
IGNOMINY (PAR.17) CRUELTY (PAR. 21)
Involves MORAL Refers to PHYSICAL
suffering suffering
¾ Unlike mitigating circumstances (par. 10, Art.
13), there is NO provision for aggravating
circumstances of a similar or analogous
character.
Page 23 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
CHAPTER FIVE
ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES – Those
which must be taken into consideration as
aggravating or mitigating according to the
nature and effects of the crime and the other
conditions attending its commission.
ART.15 Concept of Alternative Circumstances
BASIS:
The nature and effects of the crime and the other
conditions attending its commission.
THE ALTERNATIVE CIRCUMSTANCES ARE:
1. Relationship;
2. Intoxication; and
3. Degree of instruction and education of the
offender.
RELATIONSHIP
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the –
1. Spouse,
2. Ascendant,
3. Descendant,
4. Legitimate, natural, or adopted brother or
sister, or
5. Relative by affinity in the same degree of the
offender.
Other Relatives Included (By Analogy):
1. The relationship of stepfather or stepmother
and stepson or stepdaughter.
REASON: It is the duty of the
stepparents QuickTime™
to bestow upon their
and a
stepchildren a mother’s/father’s
TIFF (Uncompressed) decompressor
are needed to see this picture.
care and protection.
2. The relationship of adopted parent and
adopted child.
NOTE: But the relationship of uncle and niece is not
covered by any of the relationship mentioned.
When Relationship Mitigating And When
Aggravating:
1. As a rule, relationship is mitigating in crimes
against property, by analogy to the provisions of
Art. 332.
ƒ Thus, relationship is mitigating in the crimes
of robbery (Arts. 294-302), usurpation (Art.
312), fraudulent insolvency (Art. 314) and
arson (Arts. 321-322, 325-326).
2. In crimes against persons –
a) It is aggravating where the offended party is
a relative of
I. a higher degree than the offender, or
II. when the offender and the offended party
are relatives of the same level (e.g.
brothers)
b) But when it comes to physical injuries:
i. It is aggravating when the crime
involves serious physical injuries (Art.
263), even if the offended party is a
descendant of the offender. But the
serious physical injuries must not be
inflicted by a parent upon his child by
excessive chastisement.
ii. It is mitigating when the offense
committed is less serious physical
injuries or slight physical injuries, if the
offended party is a relative of a lower
degree.
iii. It is aggravating if the offended party is
a relative of a higher degree of the
offender.
c) When the crime is homicide or murder,
relationship is aggravating even if the victim
of the crime is a relative of a lower degree.
d) In rape, relationship is aggravating where a
stepfather raped his stepdaughter or in a
case where a father raped his own daughter.
3. In crimes against chastity, like acts of
lasciviousness (Art. 336), relationship is always
affection, aggravating, regardless of whether the offender
is a relative of a higher or lower degree of the
offended party.
ƒ When the qualification given to the crime is
derived from the relationship between the
offender and the offended party, it is neither
mitigating nor aggravating, because it is
inseparable from and inherent in the offense.
(e.g. parricide, adultery and concubinage).
Page 24 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
INTOXICATION
When Intoxication Mitigating And When
Aggravating:
1. Mitigating –
i. If intoxication is not habitual, or
ii. If intoxication is not subsequent to the plan to
commit a felony.
2. Aggravating –
i. If intoxication is habitual, or
ii. If it is intentional (subsequent to the plan to
commit a felony).
To Be Entitled To The Mitigating Circumstance Of
Intoxication, It Must Be Shown:
1. That at the time of the commission of the
criminal act, the accused has taken such
quantity of alcoholic drinks as to blur his
reason and deprive him of a certain degree
of control, and
2. That such intoxication is not habitual, or
subsequent to the plan to commit the felony.
ƒ To be mitigating, the accused’s state of
intoxication must be proved. Once
intoxication is established by satisfactory
evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
INSTRUCTION OR EDUCATION
ƒ As an alternative circumstance it does not
refer only to literacy but more to the level of
intelligence of the accused.
ƒ Refers to the lack or presence of sufficient
intelligence and knowledge of the full
significance of one’s acts.
ƒ Low degree of instruction and education
or lack of it is generally mitigating. High
degree of instruction and education is
aggravating, when the offender took
advantage of his learning in committing the
crime.
GENERAL RULE: Lack of sufficient education is
mitigating.
QuickTime™ and a
TIFF (Uncompressed) decompressor
EXCEPTIONS:
are needed to see this picture.
1. Crimes against property (e.g. arson,
estafa, theft, robbery)
2. Crimes against chastity, and
3. Treason – because love of country
should be a natural feeling of every
citizen, however unlettered or uncultured
he may be.
TITLE TWO
PERSONS CRIMINALLY LIABLE FOR
FELONIES
ART.16.WHO ARE CRIMINALLY LIABLE
ƒ Note that accessories are not liable for light
felonies. REASON: In the commission of light
felonies, the social wrong as well as the
individual prejudice is so small that penal
sanction is unnecessary.
ƒ The classification of the offenders as principal,
accomplice or an accessory is essential under
the RPC. The classification maybe applied to
special laws only if the latter provides for the
same graduated penalties as those provided
under the RPC.
There Are Two Parties In All Crimes:
1. Active subject (the criminal)
ƒ Art. 16 enumerates the active subjects
of the crime.
2. Passive subject (the injured party)
ƒ Is the holder of the injured right: the
man, the juristic person, the group, and
the State.
ƒ Note: Only natural persons can be the
active subject of crime because of the
highly personal nature of the criminal
responsibility.
ƒ However, corporation and partnership
can be a passive subject of a crime.
ƒ GENERALLY: Corpses and animals
cannot be passive subjects because
they have no rights that may be
injured.
EXCEPTION: Under Art. 253, the
crime of defamation may be
committed if the imputation tends to
blacken the memory of one who is
dead.
ƒ This article applies only when the
offenders are to be judged by their
individual, and not collective, liability.
Page 25 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART.17.PRINCIPALS
THREE TYPES OF PRINCIPALS:
1. Principal by DIRECT PARTICIPATION
(par.1)
2. Principal by INDUCTION (par.2)
3. Principal by INDISPENSABLE
COOPERATION (par.3)
Par. 1 – Principals by direct participation
Requisites:
1. That they participated in the criminal
resolution; and (conspiracy)
2. That they carried out their plan and
personally took part in its execution by acts
which directly tended to the same end.
NOTE: If the second element is missing, those who
did not participate in the commission of the acts of
execution cannot be held criminally liable, unless the
crime agreed to be committed is treason, sedition,
coup d’ etat or rebellion.
MEANING OF “personally took part in its
execution”
ƒ That the principal by direct participation must
be at the scene of the commission of the
crime, personally taking part in its execution.
ƒ Under conspiracy, although he was not
present in the scene of the crime, he is
equally liable as a principal by direct
participation.
Ex: One serving as guard pursuant to the
conspiracy is a principal by direct
participation
CONSPIRACY – there is unity of purpose and
intention.
How conspiracy is established:
QuickTime™ and a
• It is proven by TIFF
overt(Uncompressed) decompressor
acttoand
are needed see thisbeyond
picture. reasonable
doubt
• Mere knowledge or approval is insufficient
• It is not necessary that there be formal
agreement
• Conspiracy is implied when the accused had a
common purpose and were united in execution.
• Unity of purpose and intention in the commission
of the crime may be shown in the following
cases:
1. Spontaneous agreement at the moment of
the commission of the crime
2. Active cooperation by all the offenders in the
perpetration of the crime
3. Contribution by positive acts to the realization
of a common criminal intent
4. Presence during the commission of the crime
by a band and lending moral support thereto.
• While conspiracy may be implied from the
circumstances attending the commission of the
crime, it is nevertheless a rule that conspiracy
must be established by positive and conclusive
evidence.
NOTES:
ƒ Conspirator is not liable for the crimes of the
others which are not the object of the conspiracy
nor are logical or necessary consequences
thereof
ƒ Regarding multiple rape – each rapist is liable for
another’s crime because each cooperated in the
commission of the rapes perpetrated by the
others
EXCEPTION: in the crime of murder w/
treachery – all the offenders must at least
know that there will be treachery in executing
the crime or cooperate therein.
ƒ No such thing as conspiracy to commit an
offense through negligence. However, special
laws may make one a co-principal.
ƒ Conspiracy is negated by the acquittal of co-
defendant.
Par. 2 – Principals by induction
Requisites:
1. That the inducement be made directly with
the intention of procuring the commission of
the crime; and
2. That such inducement be the determining
cause of the commission of the crime by the
material executor.
ƒ One cannot be held guilty of having instigated the
commission of the crime without first being
shown that the crime was actually committed (or
attempted) by another.
ƒ Thus, there can be no principal by inducement
(or by indispensable cooperation) unless there is
a principal by direct participation. But there can
be a principal by direct participation without a
Page 26 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

principal by inducement (or by indispensable ƒ If the person who actually committed the crime
cooperation). had reason of his own to commit the crime, it
cannot be said that the inducement was
influential in producing the criminal act.
Two Ways Of Becoming Principal By Induction:
1. By directly forcing another to commit a crime PRINCIPAL BY OFFENDER WHO
by : INDUCEMENT MADE PROPOSAL TO
a) Using irresistible force. COMMIT A FELONY
b) Causing uncontrollable fear.
ƒ In these cases, there is no conspiracy, not In both
even a unity of criminal purpose and
intention. Only the one using the force or
causing the fear is criminally liable. The There is an inducement to commit a crime
material executor is not criminally liable When liable
because of Art. 12, pars. 5 and 6
(exempting circumstances)
Becomes liable only The mere proposal to
2. By directly inducing another to commit a when the crime is commit a felony is
crime by – committed by the punishable in treason or
a) Giving of price, or offering of reward or principal by direct rebellion. However, the
promise. participation. person to whom the
ƒ The one giving the price or offering the proposal is made should
reward or promise is a principal by not commit the crime,
inducement while the one committing the
crime in consideration thereof is a principal Otherwise, the proponent
by direct participation. There is collective becomes a principal by
criminal responsibility. inducement.
What kind of crime involved
b) Using words of command
ƒ The person who used the words of Involves any crime The proposal to be
command is a principal by inducement punishable must involve
while the person who committed the crime only treason or rebellion.
because of the words of command is a
principal by direct participation. There is
also collective criminal responsibility. Effects Of Acquittal Of Principal By Direct
Participation Upon Liability Of Principal By
Requisites for words of command to be Inducement:
considered inducement:
1. Conspiracy is negatived by the acquittal of co-
1. Commander has the intention of procuring
the commission of the crime defendant.
2. Commander has ascendancy or influence
2. One cannot be held guilty of having instigated the
3. Words used be so direct, so efficacious, so
powerful commission of a crime without first being shown
4. Command be uttered prior to the commission that the crime has been actually committed by
another.
5. Executor had no personal
QuickTime™ andreason
a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ƒ But if the one charged as principal by direct
NOTE: Words uttered in the heat of anger and in the participation is acquitted because he acted
without criminal intent or malice, his acquittal
nature of the command that had to be obeyed do not
make one an inductor. is not a ground for the acquittal of the
principal by inducement.
ƒ The inducement must precede the act induced
and must be so influential in producing the ƒ REASON FOR THE RULE: In exempting
criminal act that without it, the act would not have circumstances, such as when the act is not
voluntary because of lack of intent on the
been performed. Mere imprudent advice is not
inducement. part of the accused, there is a crime

Page 27 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
committed, only that the accused is not a
criminal.
Par. 3 – Principal by indispensable
cooperation
Requisites:
1. Participation in the criminal resolution, that is,
there is either anterior conspiracy or unity of
criminal purpose and intention immediately
before the commission of the crime charged;
and
2. Cooperation in the commission of the offense
by performing another act, without which it
would not have been accomplished.
MEANING OF “cooperation in the commission of
the offense”
To desire or wish in common a thing. But that
common will or purpose does not necessarily mean
previous understanding, for it can be explained or
inferred from the circumstances of each case.
NOTE: If the cooperation is not indispensable,
the offender is only an accomplice.
Collective Criminal Responsibility:
ƒ This is present when the offenders are criminally
liable in the same manner and to the same
extent. The penalty to be imposed must be the
same for all.
ƒ Principals by direct participation have collective
criminal responsibility. Principals by induction,
(except those who directly forced another to
commit a crime) and principals by direct
participation have collective criminal
responsibility. Principals by indispensable
cooperation have collective criminal
responsibilities with the principals by direct
participation.
Individual Criminal QuickTime™ and a
Responsibility:
TIFF (Uncompressed) decompressor
are needed to see this picture.
ƒ In the absence of any previous conspiracy,
unity of criminal purpose and intention
immediately before the commission of the
crime, or community of criminal design, the
criminal responsibility arising from different acts
directed against one and the same person is
considered as individual and not collective, and
each of the participants is liable only for the act
committed by him.
QUASI-COLLECTIVE criminal responsibility:
Some of the offenders in the crime are principals and
the others are accomplices.
ART.18.ACCOMPLICES–
ACCOMPLICES - Persons who do not act as
principals but cooperate in the execution of the
offense by previous and simultaneous acts, which are
not indispensable to the commission of the crime.
They act as mere instruments that perform acts not
essential to the perpetration of the offense
Requisites: (the following must concur)
1. That there be community of design; that is,
knowing the criminal design of the principal
by direct participation, he concurs with the
latter his purpose;
2. That he cooperates in the execution of the
offense by previous or simultaneous acts,
with the intention of supplying material or
moral aid in the execution of the crime in an
efficacious way; and
3. That there be a relation between the acts
done by the principal and those attributed to
the person charged as an accomplice.
NOTES:
ƒ Before there could be an accomplice, there
must be a principal by direct participation.
ƒ The person charged as an accomplice should
not have inflicted a mortal wound. If he inflicted
a mortal wound, he becomes a principal by
direct participation.
ƒ In case of doubt, the participation of the
offender will be considered that of an
accomplice rather than that of a principal.
ART.19.ACCESSORIES
Accessories are those who:
1. having knowledge of the commission of the
crime, and
2. without having participated therein either as
principals or accomplices, take part
subsequent to its commission in any of the
following acts:
a. By profiting themselves or assisting the
offender to profit by the effects of the
crime.
Page 28 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
b. Assisting the offender to profit by the
effects of the crime.
c. By concealing or destroying the body of
the crime to prevent its discovery.
In profiting by the effects of the crime, the accessory
must receive the property from the principal. He
should not take it without the consent of the principal.
If he took it without the consent of the principal, he is
not an accessory but a principal in the crime of theft.
EXAMPLE:
PAR. 1 - person received and used property from
another, knowing it was stolen
PAR. 2 - placing a weapon in the hand of the
dead who was unlawfully killed to plant evidence,
or burying the deceased who was killed by the
principals
PAR. 3 - a) public officers who harbor, conceal or
assist in the escape of the principal of any crime
(not light felony) with abuse of his public
functions
b) private persons who harbor, conceal or assist
in the escape of the author of the crime – guilty of
treason, parricide, murder or an attempt against
the life of the President, or who is known to be
habitually guilty of some crime.
GENERAL RULE: If the Principal is acquitted the
Accessory is also acquitted. The responsibility of the
accessory is subordinate to that of the principal in a
crime
Exception: When the crime was in fact
committed by the principal, but the principal is
covered by exempting circumstances (Art 12)
and as a result he is not held liable. However, it is
possible that the accessory may still be held
liable even if the principal was acquitted by an
exempting circumstance
ƒ Trial of accessory may proceed without awaiting
QuickTime™ and a
the result of TIFF
the separate
(Uncompressed) charge against the
decompressor
are needed to see this picture.
principal because the criminal responsibilities are
distinct from each other
Two classes of accessories contemplated in par.
3 of art. 19
1. PUBLIC officers, who harbor, conceal or
assist in the escape of the principal of any
crime (not light felony) with abuse of his
public functions.
Requisites:
1. The accessory is a public officer.
2. He harbors, conceals, or assists in the
escape of the principal.
3. The public officer acts with abuse of his
public functions.
4. The crime committed by the principal is
any crime, provided it is not a light felony.
2. PRIVATE persons who harbor, conceal or
assist in the escape of the author of the crime
who is guilty of treason, parricide, murder, or
attempts against the life of the President, or
who is known to be habitually guilty of some
other crime.
Requisites:
1. The accessory is a private person.
2. He harbors, conceals or assists in the
escape of the author of the crime.
3. The crime committed by the principal is
either:
a. Treason,
b. Parricide,
c. Murder,
d. An attempt against the life of the
President, or
e. That the principal is known to be
habitually guilty of some other crime.
ƒ Neither the letter nor the spirit of the law requires
that the principal be convicted before one may be
punished as an accessory. As long as the corpus
delicti is proved and the accessory’s participation
as such is shown, he can be held criminally
responsible and meted out the corresponding
penalty (Inovero vs. Coronel, CA, 65 O.G.
3160).
ƒ The prescribed acts of the accessory under par.
2 must have been intended to prevent the
discovery of the crime, hence, mere silence does
not make one an accessory. If, however, the
crime involved is a conspiracy to commit treason,
his silence may hold him liable for misprision of
treason (Art. 116) but as a principal thereof.
ƒ Where the accused misleads the authorities by
giving them false information, such act is
equivalent to concealment and he should be held
as an accessory.
Page 29 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

3. descendant, or
PRINCIPAL ACCESSORY 4. legitimate, natural or adopted brother, sister
or relative by affinity within the same degree.
Takes direct part or cooperates Does NOT take direct
in, or induces the commission part or cooperates in, or
Accessory Is Not Exempt From Criminal Liability
of the crime induces the commission Even If The Principal Is Related To Him, If Such
of the crime Accessory –
cooperates in the commission does not take part in the
of the offense by acts either commission of the 1. profited by the effects of the crime, or
2. assisted the offender to profit by the effects
prior thereto or simultaneous offense
of the crime.
therewith
REASON: Because such acts are prompted not by
Participates during commission Participation of the affection but by a detestable greed.
of the crime accessory in all cases
always SUBSEQUENT
to the commission of the NOTES:
crime ƒ Nephew and Niece not included
ƒ Public officer contemplated in par. 3 of Art. 19 is
exempt by reason of relationship to the principal,
even if such public officer acted with abuse of his
official functions.
ANTI-FENCING LAW OF 1979
REASON: Ties of blood or relationship
PRES. DECREE 1612 constitutes a more powerful incentive than the
call of duty.
P.D. 1829 penalizes the act of any person who
FENCING– is an act, with intent to gain, of buying, knowingly or willfully obstructs, impedes, frustrates or
selling, receiving, possessing, keeping, or in any delays the apprehension of suspects and the
other manner dealing in anything of value which a investigation and prosecution of criminal cases.
person knows or should have known to be derived
from the proceeds of the crime of robbery or theft. ƒ The benefits of the exception in Art. 20 do
not apply to PD 1829.
FENCE– is a person who commits the act of fencing.
A fence who receives stolen property as above-
provided is not an accessory but a principal in the
TITLE THREE
crime defined in and punished by the Anti-Fencing
PENALTIES
Law.
Mere possession of anything of value which has been
the subject of robbery or theft shall be prima facie
evidence of fencing.

Chapter One : PENALTIES IN GENERAL

ART.20.ACCESSORIES WHO ARE EXEMPT FROM
CRIMINAL LIABILITY

BASIS: QuickTime™ and a PENALTY – suffering inflicted by the State for the
The exemption provided for in this
TIFF (Uncompressed) article is based on
decompressor
are needed to see this picture. transgression of a law.
the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to Different Juridical Conditions Of Penalty:
conceal crimes committed by relatives so near as
those mentioned in this article. 1. Must be productive of suffering, without
however affecting the integrity of the human
personality.
AN ACCESSORY IS EXEMPT FROM CRIMINAL LIABLITY 2. Must be commensurate with the offense –
WHEN THE PRINCIPAL IS HIS : different crimes must be punished with
1. spouse, or different penalties.
2. ascendant, or

Page 30 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. Must be personal – no one should be
punished for the crime of another.
4. Must be legal – it is the consequence of a
judgment according to law.
5. Must be certain – no one may escape its
effects.
6. Must be equal for all.
7. Must be correctional.
Purpose Of The State In Punishing Crimes
The State has an existence of its own to maintain, a
conscience to assert, and moral principles to be
vindicated. Penal justice must therefore be exercised
by the State in the service and satisfaction of a duty,
and rests primarily on the moral rightfulness of the
punishment inflicted (to secure justice). The basis of
the right to punish violations of penal law is the police
power of the State.
Theories Justifying Penalty:
1. Prevention – to prevent or suppress the
danger to the State arising from the criminal
act of the offender.
2. Self-defense – so as to protect society from
the threat and wrong inflicted by the criminal.
3. Reformation – the object of punishment in
criminal cases is to correct and reform the
offender.
4. Exemplarity – the criminal is punished to
serve as an example to deter others from
committing crimes.
5. Justice – that crime must be punished by the
State as an act of retributive justice, a
vindication of absolute right and moral law
violated by the criminal.
Three-Fold Purpose Of Penalty Under The Code:
1. Retribution or expiation – the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation – shown by the rules
which regulate the execution of the penalties
consisting in deprivation of liberty.
QuickTime™ and a
TIFF (Uncompressed) decompressor
3. Social defense are – needed
shown to seeby
this its inflexible severity
picture.
to recidivists and habitual delinquents.
ART.21.PENALTIES THAT MAY BE IMPOSED
RULE: A felony shall be punishable only by the
penalty prescribed by law at the time of its
commission. (Art. 21 simply announces the policy of
the state as regards punishment of crimes)
REASON: Because a law cannot be rationally
obeyed unless it is first shown, and a man cannot be
expected to obey an order that has not been given.
ƒ It is a guaranty to the citizens of this country
that no act will be considered criminal until
the Government has made it so by law and
has provided a penalty.
ƒ Subsidiary penalty for a crime cannot be
imposed, if it was “not prescribed by law prior
to its commission” (US vs. Macasaet
11Phil.447)
ART.22.RETROACTIVE EFFECT OF PENAL LAWS
NOTE: According to Reyes, Art. 22 is NOT applicable
to the provisions of the RPC. Its application to the
RPC can only be invoked where some former or
subsequent law is under consideration.
GENERAL RULE: Penal laws are applied
prospectively.
EXCEPTION: When retrospective application will
be favorable to the person guilty of a felony;
Provided that:
1. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5);
2. The new or amendatory law does NOT
provide against its retrospective application.
The favorable retroactive effect of a new law may
find the defendant in one of the 3 situations:
1. The crime has been committed and the
prosecution begins
2. The sentence has been passed but service
has not begun
3. The sentence is being carried out
HABITUAL DELINQUENT - A person who, within a
period of ten years from the date of his release or last
conviction of the crimes of serious or less serious
physical injuries, robbery, theft, estafa, or falsification,
is found guilty of any said crimes a third time or
oftener.
EX POST FACTO LAW - An act which when
committed was not a crime, cannot be made so by
statute without violating the constitutional inhibition as
to ex post facto laws. An ex post facto law is one
which:
1. Makes criminal an act done before the
passage of the law and which was innocent
when done;
2. Aggravates a crime, or makes it greater
than it was, when committed;
Page 31 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. Changes the punishment and inflicts a
greater punishment than the law annexed
to the crime when committed;
4. Alters the legal rules of evidence, and
authorizes conviction upon a less or different
testimony than the law required at the time of
the commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposing a penalty
or deprivation of a right for something which
when done was lawful; and
6. Deprives a person accused of a crime of
some lawful protection to which he has
become entitled, such as the protection of a
former conviction or acquittal, or a
proclamation of amnesty.
ƒ If retroactive effect of a new law is justified, it
shall apply to the defendant even if he is:
1. presently on trial for the offense;
2. has already been sentenced but service
of which has not begun; or
3. already serving sentence
ƒ The retroactive effect of criminal statutes does
NOT apply to the culprit’s civil liability.
ƒ REASON: The rights of offended persons or
innocent third parties are not within the gift of
arbitrary disposal of the State.
ƒ The provisions of Art. 22 are applicable even to
special laws which provide more favorable
conditions to the accused.
ƒ New law may provide that its provisions not to be
applied to cases already filed in court at the time
of the approval of such law.
Criminal liability under the repealed
SUBSISTS:
1. When the provisions of the former law are
reenacted; or
(Note: The right to QuickTime™
punish and offenses
under an old penal law is
TIFF (Uncompressed) not
a
extinguished
decompressor
are needed to see this picture.
offenses are still punishable in the repealing
penal law.)
2. When the repeal is by implication; or
(Note: When a penal law, which impliedly
repealed an old law, is itself repealed, the repeal
of the repealing law revives the prior penal law,
unless the language of the repealing statute
provides otherwise. If the repeal is absolute,
criminal liability is obliterated.)
3. When there is a saving clause.
BILL OF ATTAINDER – A legislative act which
inflicts punishment without trial.
ART.23.EFFECT OF PARDON BY THE OFFENDED
PARTY–
GENERAL RULE: Pardon by the offended party
does not extinguish the criminal liability of the
offender. REASON: A crime committed is an offense
against the State. Only the Chief Executive can
pardon the offenders.
EXCEPTION: Pardon by the offended party will
bar criminal prosecution in the following crimes:
ƒ Adultery and Concubinage (Art. 344,
RPC)
– EXPRESS or IMPLIED pardon must
be given by offended party to BOTH
offenders.
– Pardon must be given PRIOR to
institution of criminal action.
ƒ Seduction, Abduction, Acts of
Lasciviousness (Art. 344, RPC)
- EXPRESS pardon given by offended
party or her parents or grandparents
or guardian
- Pardon must be given PRIOR to the
institution of the criminal action.
However, marriage between the
offender and the offended party
EVEN AFTER the institution of the
criminal action or conviction of the
offender will extinguish the criminal
action or remit the penalty already
law imposed against the offender, his co-
principals, accomplices and
accessories after the fact.
ƒ Rape (as amended by R.A. 8353)
committed
if the - The subsequent valid marriage
between the offender and the
offended party shall extinguish
criminal liability or the penalty
imposed. In case the legal husband
is the offender, subsequent
forgiveness by the wife as offended
party shall also produce the same
effect.
Page 32 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTE: 192, PD No. 603) and for the purposes

specified therein.
ƒ Pardon by the offended party under Art. 344 is
3. Suspension from the employment or public
ONLY A BAR to criminal prosecution; it is NOT
office during the trial or in order to institute
a ground for extinguishment of criminal liability.
proceedings.
It DOES NOT extinguish criminal liability. It is
4. Fines and other corrective measures which,
not one of the causes that totally extinguish
in the exercise of their administrative or
criminal liability in Art 89
disciplinary powers, superior officials may
ƒ Nevertheless, civil liability may be extinguished
impose upon their subordinates.
by the EXRESS WAIVER of the offended
5. Deprivation of rights and the reparations
party.Civil liability w/ regard to the interest of
which the civil law may establish in penal
the injured party is extinguished by the latter’s
form.
express waiver because personal injury may
be repaired through indemnity. Waiver must be
express. State has no reason to insist on its Reasons why they are not penalties:
payment.
1. Because they are not imposed as a result of
judicial proceedings. Those mentioned in
AN OFFENSE CAUSES TWO CLASSES OF paragraphs 1, 3 and 4 are merely preventive
INJURIES: measures before conviction of offenders.
2. The offender is not subjected to or made to suffer
SOCIAL INJURY PERSONAL INJURY these measures in expiation of or as punishment
Produced by the Caused to the victim of the for a crime.
disturbance and crime who suffered
alarm which are the damage either to his Note: Those in par 1, 3 and 4 are merely preventive
outcome of the person, to his property, to measures before the conviction of offenders.
offense. his honor or to her
chastity. ƒ Par. 1 refers to “accused persons” who are
detained “by reason of insanity or imbecility.”
It does not refer to the confinement of an
Is sought to be Is repaired through insane or imbecile who has not been
repaired through the indemnity. arrested for a crime. It
imposition of the
corresponding ƒ Paragraphs 3 and 4 refer to administrative
penalty. suspension and administrative fines and not
The offended party The offended party may to suspension or fine as penalties for
cannot pardon the waive the indemnity and violations of the RPC. Fines in par. 4 do not
offender so as to the State has no reason to constitute as penalties because they are not
relieve him of the insist in its payment. imposed by the court.
penalty.
ƒ The deprivations of rights established in
penal form by the civil laws is illustrated in
ART.24.MEASURES OF PREVENTION the case of parents who are deprived of their
OR SAFETY, WHICH ARE NOT CONSIDERED parental authority if found guilty of the crime
PENALTIES
QuickTime™ and a
of corruption of their minor children, in
TIFF (Uncompressed) decompressor
are needed to see this picture.
accordance with Art. 332 of the Civil Code.
The Following Shall Not Be Considered As
Penalties: ƒ Where a minor offender was committed to a
1. The arrest and temporary detention of reformatory pursuant to Art. 80 (now, PD
accused persons, as well as their detention 603), and while thus detained he commits a
by reason of insanity or imbecility, or illness crime therein, he cannot be considered a
requiring their confinement in a hospital. quasi-recidivist since his detention was only
2. The commitment of a minor to any of the a preventive measure, whereas a quasi-
institutions mentioned in Art. 80 (now Art. recidivism presupposes the commission of a

Page 33 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Distinction between classification of Penalties in
crime during the service of the penalty for a Art. 9 and Art. 26
previous crime. Article 9 Article 26
Affli
ƒ Commitment of a minor is not a penalty Applicable in Applicable in determining ctive
because it is not imposed by the court in a determining the the prescriptive period of –
judgment. The imposition of the sentence in prescriptive period of penalties over
such a case is suspended. felonies 600
0;
Corr
ART. 26: WHEN AFFLICTIVE, CORRECTIONAL, ecti
OR LIGHT PENALTY onal – 201 to 6000; Light – 200 and less

Fines:
1. Afflictive – over 6000
2. Correctional – 201 to 6000
3. Light – 200 and less

NOTES:
ƒ The classification applies if the fine is imposed
as a single or alternative penalty. Hence, it
does not apply if the fine is imposed together
with another penalty.
ƒ Fines are imposed either as alternative (Ex: Art
144 punishing disturbance of proceedings with
arresto mayor or fine from 200 pesos to 1000
pesos) or single (Ex. fine of 200 to 6000 pesos)
ƒ Penalty cannot be imposed in the alternative
since it is the duty of the court to indicate the
penalty imposed definitely and positively. Thus,
the court cannot sentence the guilty person in a
manner as such as “to pay fine of 1000 pesos,
Chapter Three
or to suffer an imprisonment of 2 years, and to
DURATION AND EFFECTS OF PENALTIES
pay the costs.”
ƒ If the fine imposed by the law for the felony is
exactly 200 pesos, it is a light felony.
Section One. — Duration of Penalties
* People vs. Yu Hai (99 Phil. 725):
Under Art. 9, where the fine in question is
exactly P200, it is a light penalty, thus the Art. 27: RECLUSION PERPETUA
offense is a light felony; whereas under Art. 26,
1. Reclusión perpetua – 20 years and 1 day to
it is a correctional penalty, hence the offense
40 years
involved is a less grave felony. It that this
2. Reclusión temporal – 12 years and 1 day to
discrepancy should be resolved liberally in
20 years
favor of the accused, hence Art. 9 prevails over
3. Prisión mayor and temporary
Art. 26. QuickTime™ and a
TIFF (Uncompressed) decompressor disqualification – 6 years and 1 day to 12
are needed to see this picture.
years, except when disqualification is an
Bond to keep the peace is by analogy:
accessory penalty, in which case its duration
is that of the principal penalty
4. Prisión correccional, suspensión, and
destierro – 6 months and 1 day to 6 years,
except when suspensión is an accessory
penalty, in which case its duration is that of
the principal penalty
5. Arresto mayor – 1 month and 1 day to 6
months

Page 34 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

6. Arresto menor – 1 day to 30 days ƒ If offender is under preventive imprisonment,

7. Bond to keep the peace – The period is rule (c) applies, not rule (a).
discretionary on the court. ƒ The offender is entitled to a deduction of the
full time or 4/5 of the time of his detention.
NOTES:
1. Destierro is a principal, divisible and
correctional penalty. ART. 29: PERIOD OF PREVENTIVE
2. Cases when destierro imposed: IMPRISONMENT DEDUCTED FROM TERM OF
a. Serious physical injuries or death IMPRISONMENT
under exceptional circumstances
(Art. 247)
b. In case of failure to give bond for Instances when accused undergoes preventive
good behavior (Art. 284) suspension:
c. As a penalty for the concubine in 1. offense is non-bailable
concubinage (Art. 334) 2. bailable but can’t furnish bail
d. In cases where after reducing the
penalty by one or more degrees,
destierro is the proper penalty. Notes:
ƒ The full time or 4/5 of the time during which
the offenders have undergone preventive
ART. 28: COMPUTATION OF PENALTIES suspension shall be deducted from the
penalty imposed:
Rules on Computation of Penalties: ƒ full time: if the detention prisoner
1. When the offender is in prison – the agrees voluntarily in writing to abide
duration of the temporary penalties by the same disciplinary rules
(Permanent Absolute Disqualification, imposed upon convicted prisoners
Temporary Absolute Disqualification, ƒ four-fifths of the time: if the
detention, suspension) is from the day on detention prisoner does not agree to
which the judgment of conviction becomes abide by the same disciplinary rules
final. imposed upon convicted prisoners
2. When the offender is not in prison – the ƒ In the case of a youthful offender who has
duration of the penalty of deprivation of been proceeded against under the Child and
liberty is from the day that the offender is Youth Welfare Code, he shall be credited in
placed at the disposal of judicial authorities the service of his sentence with the full time
for the enforcement of the penalty of his actual detention, regardless if he
3. The duration of the other penalties – the agreed to abide by the same disciplinary
duration is from the day on w/c the offender rules of the institution or not.
commences to serve his sentence ƒ Offenders not entitled to be credited with the
full time or four-fifths of the time of their
NOTES: preventive imprisonment:
ƒ Reason for rule (a) – Under Art 24, the arrest ƒ Recidivists or those convicted
and temporary detention of the accused is previously twice or more times of any
not considered a penalty. crime.
ƒ if in custody, the accused appealed, the ƒ Those who, upon being summoned
service of the sentence should commence for the execution of their sentence,
from the TIFF
date ofQuickTime™
the promulgation
and a
(Uncompressed) decompressor
of the failed to surrender voluntarily
decision of the appellate
are needed court, not the trial
to see this picture. (convicts who failed to voluntarily
court’s. surrender to serve their penalties
ƒ Service in prison begins only on the day the under a final judgment, not those
judgment of conviction becomes final. who failed or refused to voluntarily
ƒ In cases of temporary penalties, and if the surrender after the commission of the
offender is under detention (as when crime)
undergoing preventive imprisonment), rule ƒ Habitual Delinquents are not entitled to credit
(a) applies. of time under preventive imprisonment since
ƒ If he is not under detention (released on bail), he is necessarily a recidivist or has been
rule (c) applies. convicted previously twice or more times of

Page 35 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
any crime.
ƒ Duration of RP is to be computed at 30
years, thus, even if the accused is sentenced
to life imprisonment, he is entitled to the full
time or 4/5 of the time of preventive
suspension
ƒ Credit is given in the service of sentences
consisting of deprivation of liberty
(imprisonment and destierro), whether
perpetual or temporal. Thus, persons who
had undergone preventive imprisonment but
the offense is punishable by a fine only would
not be given credit.
ƒ Destierro is considered a “deprivation of
liberty.”
ƒ If the penalty imposed is arresto menor to
destierro, the accused who has been in
prison for 30 days (arresto menor to 30 days)
should be released because although the
maximum penalty is destierro (6 months and
1 day to 6 years), the accused sentenced to
such penalty does not serve it in prison.
Section Two. — Effects of the
penaltiesaccording to their respective nature
ART. 30: EFFECTS OF THE PENALTIES OF
PERPETUAL OR TEMPORARY ABSOLUTE
DISQUALIFICATION
NOTES:
ƒ The exclusion is a mere disqualification from
protection, and not for punishment – the
withholding of a privilege, not a denial of a
right.
ƒ Perpetual absolute disqualification is
effective during the lifetime of the convict and
even after the service of the sentence.
ƒ Temporary absolute disqualification is
effective during the term of sentence and is
removed after the service of the same.
Exceptions: (1) deprivation of the public office
or employment; (2) loss of all rights to
retirement pay or other pension for any office
formerly held. QuickTime™ and a
TIFF (Uncompressed) decompressor
ƒ A plebiscite isare not mentioned
needed to see this picture. or contemplated
in Art.30, par. 2 (deprivation of the right to
vote), hence, the offender may vote in that
exercise, subject to the provisions of
pertinent election laws at the time.
Effects of Perpetual and temporary absolute
disqualification:
1. Deprivation of any public office or
employment of offender
2. Deprivation of the right to vote in any election
or to be voted upon
3. Loss of rights to retirement pay or pension
All these effects last during the lifetime of the
convict and even after the service of the
sentence except as regards paragraphs 2 and 3
of the above in connection with Temporary
Absolute Disqualification.
ART. 31: EFFECT OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION
ART. 32: EFFECT OF THE PENALTIES OF
PERPETUAL OR TEMPORARY SPECIAL
DISQUALIFICATION FOR THE EXERCISE OF
THE RIGHT OF SUFFRAGE
NOTE: Temporary disqualification if imposed is an
accessory penalty. Its duration is that of the principal
penalty.
Effects of Perpetual and Temporary Special
Disqualification:
1. For public office, profession, or calling
a. Deprivation of the office,
employment, profession or calling
affected
b. Disqualification for holding similar
offices or employment during the
period of disqualification
2. For the exercise of the right of suffrage
a. Deprivation of the right to vote or to
be elected in an office
b. Cannot hold any public office during
the period of disqualification
ART. 33: EFFECTS OF THE PENALTIES OF
SUSPENSION FROM ANY PUBLIC OFFICE,
PROFESSION OR CALLING, OR THE RIGHT
OF SUFFRAGE
Effects:
1. Disqualification from holding such office or
the exercise of such profession or right of
suffrage during the term of the sentence
2. Cannot hold another office having similar
functions during the period of suspension
ART 34: CIVIL INTERDCTION
Page 36 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Effects;Deprivation of the following rights: 2. if the facts and circumstances of the case
1. Parental rights show that the purpose of the President is to
2. Guardianship over the ward precisely restore the rights i.e., granting
3. Marital authority absolute pardon after election to a post
4. Right to manage property and to dispose of (mayor) but before the date fixed by law for
the same by acts inter vivos assuming office to enable him to assume the
position in deference to the popular will
Civil Interdiction is an accessory penalty to the
following principal penalties: Pardon by the offended party – does not extinguish
1. If death penalty is commuted to life criminal liability; may include offended party waiving
imprisonment civil indemnity and it should be done before the
2. Reclusion perpetua institution of the criminal prosecution and extended to
3. Reclusion temporal both offenders.
*He can dispose of such property by will or donation
mortis causa PARDON BY PARDON BY
THE CHIEF OFFENDED
EXECUTIVE PARTY (ART.
ART. 35: EFFECTS OF BOND TO KEEP THE (ART. 36) 23)
PEACE Crime Any crime, Crimes against
covered unless chastity under
otherwise the RPC only
Bond to keep the peace is different from bail bond
provided by or
which is posted for the provisional release of a
subject to
person arrested for or accused of a crime. Bond to
conditions in
keep the peace or for good behavior is imposed as a
the Constitution
penalty in threats.
or the laws
Extinguish- Extinguishes Does not
ART. 36: PARDON; ITS EFFECT ment of criminal liability extinguish
criminal criminal liability
NOTES: liability although it may
ƒ Pardon by the President does not restore the constitute a bar
right to public office or suffrage except when to the
both are expressly restored in the pardon. prosecution of
Nor does it exempt one from civil liability or the offender
from payment of civil indemnity. Effect on Cannot affect Offended party
civil liability the civil liability can waive the
ƒ Limitations to President’s power to pardon: ex delicto of the civil liability
o can be exercised only after final offender
judgment When Only after Only before the
o does not extend to cases of granted conviction by institution of the
impeachment final judgment criminal action
o does not extinguish civil liability – To whom Any or all of the In adultery and
only criminal liability granted accused concubinage,
must include
GENERAL RULE: Pardon granted
QuickTime™ and a in general terms
both offenders
TIFF (Uncompressed) decompressor
does not include accessory
are needed topenalties.
see this picture. Whether it May be Cannot validly
Exceptions: can be absolute or be made
1. if the absolute pardon is granted after the conditional conditional subject to a
term of imprisonment has expired, it removes condition
all that is left of the consequences of
conviction. However, if the penalty is life
imprisonment and after the service of 30
years, a pardon is granted, the pardon does ART. 37: COST; WHAT ARE INCLUDED
not remove the accessory penalty of absolute
perpetual disqualification Costs include:
1. fees

Page 37 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. indemnities, in the course of
proceedings
NOTE:
ƒ Costs (expenses of the litigation) are
chargeable to the accused in case of
conviction. In case of acquittal, the costs are
de oficio, each party bearing his own
expense.
ƒ No costs are allowed against the Republic of
the Philippines, until law provides the
contrary.
ƒ The payment of costs is fully discretionary on
the Court.
ART. 38: PECUNIARY LIABILITIES; ORDER OF
PAYMENT
Pecuniary liabilities of persons criminally liable,
in the following order:
1. The reparation of the damage caused
2. Indemnification of the consequential
damages
3. Fine
4. Costs of proceedings
NOTES:
ƒ It is applicable in case the properties of the
offender are not sufficient for the payment of
all his pecuniary liabilities. Hence, if the
offender has insufficient or no property, there
is no use for Art 38.
ƒ Order of payment is mandatory.
Ex. Juan inflicted serious physical injuries against
Pedro and took the latter’s watch and ring. He
incurred P500 worth of hospital bills and failed to
earn P300 worth of salary. Given that Juan only
has P1000 worth of property not exempt from
execution, it shall first be applied to the payment
of the watch and ring which cannot be returned,
as such is covered by “reparation of the damage
caused,” thus, no. 1 in the order of payment. The
500 and 300 are covered by “indemnification of
the consequential damage,” thus, no. 2 in the
order of payment. QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ART. 39: SUBSIDIARY PENALTY
NOTES:
ƒ When the penalty prescribed is
imprisonment, it is the penalty actually
imposed by the Court, not the penalty
provided for by the Code, which should be
considered in determining whether or not
judicial subsidiary penalty should be imposed.
ƒ There is no subsidiary penalty for non-
payment of reparation, indemnification and
costs in par 1, 2 and 4 of Art 38. It is only for
fines.
ƒ Art 39 applies only when the convict has no
property with which to meet the fine in par 3
of art 38. Thus, a convict who has non-
exempt property enough to meet the fine
cannot choose to serve the subsidiary
penalty instead of payment of the fine.
ƒ Subsidiary imprisonment is not an accessory
penalty. It is covered by Arts. 40-45 of this
Code. Accessory penalties are deemed
imposed even when not mentioned, while
subsidiary imprisonment must be expressly
imposed.
RULES AS TO SUBSIDIARY PENALTY
1. If the penalty imposed is prisión correccional
or arresto and fine – subsidiary imprisonment
is not to exceed 1/3 of the term of the
sentence, and in no case to continue for
more than one year. Fraction or part of a day,
not counted.
2. When the penalty imposed is fine only –
subsidiary imprisonment is:
ƒ not to exceed 6 months – if the
culprit is prosecuted for grave
or less grave felony, and
ƒ not to exceed 15 days – if
prosecuted for light felony.
3. When the penalty imposed is higher than
prisión correccional – no subsidiary
imprisonment.
4. If the penalty imposed is not to be executed
by confinement, but of fixed duration –
subsidiary penalty shall consist in the same
deprivations as those of the principal penalty,
under the same rules as nos. 1, 2 and 3
above.
5. In case the financial circumstances of the
convict should improve, he shall pay the fine,
notwithstanding the fact that the convict
suffered subsidiary personal liability therefor.
WHERE NO SUBSIDIARY PENALTY SHALL BE
IMPOSED:
1. The penalty imposed is higher than prisión
correccional or 6 years,
2. For non-payment of reparation or
indemnification,
3. For non-payment of costs, and
4. Where the penalty imposed is a fine and
another penalty without fixed duration, like
Page 38 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
censure.
Section Three. — Penalties in which other
accessory penalties are inherent
ART. 40: DEATH; ITS ACCESSORY PENALTIES
ART. 41: RECLUSION PERPETUA AND
RECLUSION TEMPORAL; THEIR ACCESSORY
PENALTIES
ART. 42: PRISION MAYOR; ITS ACCESSORY
PENALTIES
ART. 43: PRISION CORRECCIONAL; ITS
ACCESSORY PENALTIES
ART. 44: ARRESTO; ITS ACCESSORY PENALTIES
Outline Of Accessory Penalties Inherent In
Principal Penalties
1. Death, if not executed because of
commutation or pardon
a. perpetual absolute disqualification
b. civil interdiction during 30 years (if
not expressly remitted in the pardon)
2. Reclusion Perpetua and Reclusion Temporal
a. civil interdiction for life or during the
sentence
b. perpetual absolute disqualification
(unless expressly remitted in the
pardon)
3. Prision Mayor
a. temporary absolute disqualification
b. perpetual special disqualification
from suffage (unless expressly
remitted in the pardon)
4. Prision Correccional
a. suspension from public office,
profession or calling
b. perpetual special disqualification
from
QuickTime™ and a
suffrage decompressor
TIFF (Uncompressed) if the duration of the
are needed to see this picture.
imprisonment exceeds 18 months
(unless expressly remitted in the
pardon)
NOTES:
ƒ The accessory penalties in Art 40-44 must be
suffered by the offender, although pardoned
as to the principal penalties. To be relieved of
these penalties, they must be expressly
remitted in the pardon.
ƒ No accessory penalty for destierro
ƒ Persons who served out the penalty may not
have the right to exercise the right of
suffrage. For a prisoner who has been
sentenced to one year of imprisonment or
more for any crime, absolute pardon restores
to him his political rights. If the penalty is less
than one year, disqualification does not
attach except if the crime done was against
property.
ƒ The nature of the crime is immaterial when
the penalty imposed is one year
imprisonment or more.
ƒ The accessory penalties are understood to
be always imposed upon the offender by the
mere fact that the law fixes a certain penalty
for the crime.
ƒ The accessory penalties do not affect the
jurisdiction of the court in which the
information is filed because they do not
modify or alter the nature of the penalty
provided by law. What determines jurisdiction
in criminal cases is the principal penalty.
RECLUSION LIFE IMPRISONMENT
PERPETUA
Specific duration of no definite term or
20 years and 1 day accessory penalties
to 40 years and
accessory penalties
Imposable on Imposable on crimes
felonies punished by punishable by special
the RPC laws
ART. 45: CONFISCATION AND FORFEITURE
OF THE PROCEEDS OR INSTRUMENTS OF
THE CRIME
1. Every penalty imposed carries with it the
forfeiture of the proceeds of the crime and
the instruments or tools used in the
commission of the crime.
2. The proceeds and instruments/tools of the
crime are confiscated in favor of the
government.
rd
3. The property of 3 persons (not liable for the
offense) is not subject to confiscation and
Page 39 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
forfeiture.
4. Property not subject of lawful commerce
(whether it belongs to the accused or a 3rd
person) shall be destroyed.
NOTES:
ƒ There cannot be confiscation or forfeiture
unless there’s a criminal case filed, tried and
accused is convicted.
ƒ Third person must be indicted to effect
confiscation of his property.
ƒ Instruments of the crime belonging to an
innocent 3rd person may be recovered.
ƒ Confiscation can be ordered only if the
property is submitted in evidence or placed at
the disposal of the court.
ƒ When the order of forfeiture has already
become final, the articles which were forfeited
can not be returned, even in case of an
acquittal.
ƒ There must be conviction by final judgment.
However, even if the accused is acquitted on
reasonable doubt, but the instruments or
proceeds are contraband, the judgment of
acquittal shall order their forfeiture for
appropriate disposition.
ƒ Confiscation & forfeiture are additional
penalties. When the penalty imposed did not
include the confiscation of the goods involved,
the subsequent confiscation & forfeiture of
said goods would be an additional penalty,
amounting to an increase of the penalty
already imposed, thereby placing the accused
in double jeopardy. In case the accused
appeals, confiscation and forfeiture not
ordered by the trial court may be imposed by
the appellate court
ƒ The government can not appeal the
modification of a sentence if the defendant did
not appeal. But if the defendant appeals, it
removes all bars to the review and correction
of the penalty imposed by the court below,
even if an increase thereof should be the
result
QuickTime™ and a
When Art. 45 cannot apply:
TIFF (Uncompressed) decompressor
are needed to see this picture.
1. The instruments belong to innocent third
parties
2. Such properties have not been placed under
the jurisdiction of the court
3. When it is legally or physically impossible.
Chapter Four
APPLICATION OF PENALTIES
Section One. — Rules for the application of
penalties to the persons criminally liable and for
the graduation of the same.
ART. 46: PENALTY TO BE IMPOSED UPON
PRINCIPALS IN GENERAL
GENERAL RULE: The penalty prescribed by law in
general terms shall be imposed:
1. upon the principals
2. for consummated felony
EXCEPTION: when the law fixes a penalty for
the frustrated or attempted felony. Whenever it is
believed that the penalty lower by one or two
degrees corresponding to said acts of execution
is not proportionate to the wrong done, the law
fixes a distinct penalty for the principal in the
frustrated or attempted felony.
The Graduation Of Penalties Refers To:
1. By degree
a. stages of execution (consummated,
frustrated, attempted)
b. degree of the criminal participation of
the offender (principal, accomplice,
accessory)
2. By period
a. (minimum, medium, maximum) -
refers to the proper period of the
penalty w/c should be imposed when
aggravating or mitigating
circumstances attend the
commission of the crime
ART. 47: IN WHAT CASES THE DEATH
PENALTY SHALL NOT BE IMPOSED
Death Penalty Not Imposed In The Following
Cases:
1. under age - when the offender is under 18
yrs of age at the time of commission.
ƒ Why? - Because minority is always
a mitigating circumstance
2. over age - when the person is more than 70
years old at time RTC sentenced him
3. no court majority - when upon appeal or
Page 40 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

automatic review of the case by the SC, Requisites:

the vote of eight members is not obtained for 1. that at least 2 offenses are
the imposition of death committed
2. that one or some of the offenses
must be necessary to commit the
JUSTIFICATION FOR THE DEATH PENALTY:
other
social defense and exemplarity. Not considered cruel
3. that both or all the offenses must be
and unusual because it does not involve torture or
punished under the same statute
lingering death.
No Single Act In The Following Cases:
CRIMES PUNISHABLE BY DEATH UNDER THE 1. when 2 persons are killed one after the other,
DEATH PENALTY LAW (RA 7659) by different acts, although these 2 killings
1. Treason were the result of a single criminal impulse.
2. Qualified Piracy The different acts must be considered as
3. Qualified Bribery distinct crimes.
4. Parricide 2. when the acts are wholly different, not only in
5. Murder themselves, but also because they are
6. Infanticide directed against 2 different persons, as when
7. Kidnapping and Serious Illegal Detention one fires his gun twice in succession, killing
8. Robbery – with Homicide, Rape, Intentional one and injuring the other.
Mutilation, or Arson
9. Rape – with the use of a deadly weapon, or Light felonies produced by the same act should be
by two or more persons treated and punished as separate offenses, or may
- where the victim became insane be absorbed by the grave felony.
- with Homicide
10. Qualified Rape NOTES:
11. Destructive Arson ƒ When in obedience to an order, several
12. Plunder accused simultaneously shot many persons,
13. Violation of certain provisions of the w/o evidence how many each killed, there is
Dangerous Drugs Act only a single offense, there being a single
14. Carnapping criminal impulse.
ƒ For the attainment of a single purpose w/c
constitutes an offense, various acts are
ART.48: PENALTY FOR COMPLEX CRIMES executed, such acts must be considered only
as one offense. (Gregorio does not agree
COMPLEX CRIME – although there actually are two with this.)
or more crimes, the law treats them as constituting ƒ When a complex crime is charged and one
only one- as there is only one criminal intent. Only offense is not proven, the accused can be
one information need be filed. convicted of the other.
ƒ There is no complex crime of arson w/
2 Kinds Of Complex Crimes: homicide.
1. compound crime – single act constitutes 2 ƒ Art 48 is applicable to crimes through
or more grave or less grave felonies negligence.
ƒ Kidnapping the victim to murder him in a
Requisites: secluded place – ransom wasn’t paid so
QuickTime™ and a
a. that
TIFFonly one single
(Uncompressed) act is performed
decompressor victim was killed. Kidnapping was a
are needed to see this picture.
by the offender necessary means to commit murder. But
b. that the single act produces where the victim was taken from his home
i. 2 or more grave felonies but it was solely for the purpose of killing him
ii. one or more grave and one and not for detaining him illegally or for the
or more less grave felonies purpose of ransom, the crime is simple
iii. 2 or more less grave felonies murder.
ƒ “Necessary means” does not mean
2. complex crime proper – when an offense is “indispensable means”. Indispensable
a necessary means for committing another would mean it is an element of the crime. The
crime can be committed by another mean.

Page 41 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
The means actually employed (another
crime) was merely to facilitate and insure the
consummation of the crime.
ƒ It is not a complex crime when trespass to
dwelling is a direct means to commit a grave
offense. Like rape, there is no complex crime
of trespass to dwelling with rape. Trespass
will be considered as aggravating (unlawful
entry or breaking part of a dwelling)
ƒ When the offender had in his possession the
funds w/c he misappropriated, the
falsification of a public or official document
involving said funds is a separate offense.
But when the offender had to falsify a public
or official document to obtain possession of
the funds w/c he misappropriated, the
falsification is a necessary means to commit
the malversation.
ƒ There is no complex crime of rebellion w/
murder, arson, robbery or other common
crimes. They are mere ingredients of the
crime of rebellion – absorbed already.
(according to Ortega, complex)
ƒ When 2 crimes produced by a single act are
respectively within the exclusive jurisdiction
of 2 courts of different jurisdiction, the court
of higher jurisdiction shall try the complex
crime.
ƒ Art. 48 is intended to favor the culprit.
ƒ The penalty for complex crime is the penalty
for the most serious crime, the same to be
applied in its maximum period. If the different
crimes resulting from one single act are
punished w/ the same penalty, the penalty for
any one of them shall be imposed, the same
to be applied in the maximum period. The
same rule shall be observed when an offense
is a necessary means to commit the other.
ƒ A complex crime of the second form may be
committed by two persons.
ƒ But when one of the offenses, as a means to
commit the other, was committed by one of
the accused by reckless imprudence, the
accused who committed the crime by
reckless imprudence is liable for his acts
QuickTime™ and a
only. TIFF (Uncompressed) decompressor
are needed to see this picture.
ƒ When two felonies constituting a complex
crime are punishable by imprisonment and
fine, respectively, only the penalty of
imprisonment shall be imposed. Reason:
Fine is not included in the list of penalties in
the order of severity and it is the last in the
graduated scales in Art. 71.
ƒ When a single act constitutes two grave or
less grave or one grave and another less
grave, and the penalty for one is
imprisonment while that for the other is fine,
the severity of the penalty for the more
serious crime should not be judged by the
classification of each of the penalties
involved, but by the nature of the penalties.
ƒ In the order of severity of the penalties,
arresto mayor and arresto menor are
considered more severe than destierro and
arresto menor is higher in degree than
destierro.
There is NO COMPLEX CRIME in the following:
1. In case of continuing crimes
2. When one offense is committed to conceal
the other
3. When the other crime is an indispensable
part or an element of the other offenses as
defined
4. Where one of the offenses is penalized by a
special law
5. When the law provides one single penalty for
special complex crime:
a. Robbery with Homicide
b. Robbery with Rape
c. Rape with Homicide
d. Kidnapping with Serious Physical
Injuries
e. Kidnapping with Homicide
PLURALITY OF CRIMES – consists in the
successive execution by the same individual of
different criminal acts upon any of which no
conviction has yet been declared.
Kinds Of Plurality Of Crimes:
1. Formal or Ideal – only one criminal liability.
Formal or ideal crimes are further divided into
three groups, where a person committing
multiple crimes is punished with only one
penalty:
a. when the offender commits any of
the complex crimes defined in Art.
48
b. when the law specifically fixes a
single penalty for 2 or more
offenses committed: robbery w/
homicide, kidnapping w/
serious physical injuires
c. when the offender commits
continued crimes
2. Real Or Material – there are different crimes
in law as well as in the conscience of the
offender. In such cases, the offender shall be
punished for each and every offense that he
committed.
Page 42 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ART 49 ART 48 PLURALITY OF CRIMES RECIDIVISM

Lesser penalty to be Penalty for the more No conviction of the crimes There must be conviction
imposed in its maximum serious crime shall be committed by final judgment of the first
period imposed in its maximum prior offense
period
CONTINUED CRIME – refers to a single crime
consisting of a series of acts but all arising from one
criminal resolution. Although there is a series of acts,
there is only one crime committed, so only one RULES:
penalty shall be imposed. 1. If the penalty for the felony committed be
higher than the penalty for the offense which
Ex of continued crimes: the accused intended to commit, the lower
a. A collector of a commercial firm penalty shall be imposed in its maximum
misappropriates for his personal use several period.
amounts collected by him from different 2. If the penalty for the felony committed be
persons. There is only one crime because lower than the penalty for the offense which
the different and successive appropriations the accused intended to commit, the lower
are but the different moments during w/c one penalty shall be imposed in its maximum
criminal resolution arises. period.
b. Juan steals 2 books belonging to 2 different 3. If the act committed also constitutes an
persons. He commits only one crime attempt or frustration of another crime, and
because there is unity of thought in the the law prescribes a higher penalty for either
criminal purpose of the offender. of the latter, the penalty for the attempted or
frustrated crime shall be imposed in its
NOTE: A continued crime is not a complex crime, as maximum period.
the offender does not perform a single act but a
series of acts. Therefore: NOTES:
a. penalty not to be imposed in the maximum ƒ Art. 49 has reference to the provision in the
st
b. no actual provision punishing continued 1 par of Art .4 which provides that criminal
crime – It is a principle applied in connection liability shall be incurred “by any person
with 2 or more crimes committed with a committing a felony although the wrongful act
single intention. done be different from that which he
intended.”
NOTE: A continued (continuous or continuing) crime ƒ Art. 49 is applicable only in cases when there
is different from a transitory crime. Transitory crime is a mistake in identity of the victim of the
is “moving crime”. crime (error in personae) and the penalty for
the crime committed is different from that for
the crime intended to be committed.
REAL/MATERIAL CONTINUED CRIME ƒ Art. 49 also has no application where a more
PLURALITY serious consequence not intended by the
offender befalls the same person.
There is a series of acts Same
ƒ In Art. 49, pars. 1 and 2, the lower penalty in
performed by the offender
its maximum period is always imposed.
Each act performed constitutesQuickTime™
Differentand aacts constitute ƒ In Par. 3 the penalty for the attempted or
TIFF (Uncompressed) decompressor
a separate crime because are needed toonly one
see this crime because
picture. frustrated crime shall be imposed in its
each act is generated by a all of the acts performed maximum period. This rule is not necessary
criminal impulse arise from one criminal and may well be covered by Art. 48, in view
resolution. of the fact that the same act also constitutes
an attempt or a frustration of another crime.

ART. 49: PENALTY TO BE IMPOSED UPON

THE PRINCIPALS WHEN THE CRIME
COMMITTED IS DIFFERENT FROM THAT
INTENDED Page 43 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

Art. 50: Penalty to be imposed upon principals Distinctions between Degree and Period
of a frustrated crime Degree Period
Art. 51: Penalty to be imposed upon principals
of attempted crimes Refers to the penalty Refers to the duration
Art. 52: Penalty to be imposed upon imposable for a felony of the penalty
accomplices in consummated crime committed considering consisting of the
Art. 53: Penalty to be imposed upon the stages of execution maximum, medium,
accessories to the commission of a and the degree of and minimum, after
consummated felony participation of the considering the
Art. 54: Penalty to imposed upon accomplices offender presence or absence
in a frustrated crime of aggravating
Art. 55: Penalty to be imposed upon circumstances
accessories of a frustrated crime
Art. 56: Penalty to be imposed upon
accomplices in an attempted crime May refer to both Refers only to
Art. 57: Penalty to be imposed upon divisible and indivisible divisible penalties
accessories of an attempted crime penalties

APPLICATION OF ARTICLE 50 TO 57 NOTE: The rules provided in Arts. 53, 55 and 57 do

not apply if the felony is light because accessories
Participation Consummated Frustrated Attempted are not liable for the same.
Principal Penalty 1 less 2 less
ART. 58: ADDITIONAL PENALTY TO BE
imposed by law
IMPOSED UPON CERTAIN ACCESSORIES
Accomplice 1 less 2 less 3 less

Accessory 2 less 3 less
NOTES:
ƒ Art. 50-57 are not applicable when the law
specifically prescribes the penalty for the
frustrated and attempted felony or that to be
imposed upon the accomplices and
accessories. (examples: qualified seduction,
flight to enemy country, kidnapping)
ƒ Degree – one whole penalty, one entire
penalty or one unit of the penalties
enumerated in the graduated scales provided
for in Art. 71
ƒ Period – one of 3 equal portions,
min/med/max of a divisible penalty. A period
of a divisible penalty when prescribed by the
QuickTime™ and a
Code as aTIFF penalty for decompressor
(Uncompressed) a felony, is in itself a
are needed to see this picture.
degree.
4 less NOTE: Art. 58 is limited only to grave and less grave
felonies since it is not possible to have accessories
liable for light felonies. It is further limited to those
whose participation in the crime is characterized by
the misuse of public office or authority.
Additional Penalties for Public Officers who are
accessories:
1. Absolute Perpetual Disqualification, if the
principal offender is guilty of a grave felony
2. Absolute temporary disqualification, if the
principal offender is guilty of less grave felony
ART. 59: PENALTY TO BE IMPOSED IN CASE
OF FAILURE TO COMMIT THE CRIME
BECAUSE THE MEANS EMPLOYED OR THE
AIMS SOUGHT ARE IMPOSSIBLE
NOTES:
ƒ Basis for the imposition of proper penalty in
impossible crimes: social danger and degree
of criminality shown by the offender
ƒ The penalty for impossible crime is arresto
mayor (imprisonment of 1 month and 1 day
to 6 months) or fine ranging from 200-500
pesos.
ƒ Art. 59 is limited to grave and less grave

Page 44 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

felonies. Divisible Penalties: (maximum, medium,

ƒ However, considering Article 4, this article is minimum)
actually limited to offenses against persons 1. Reclusion Temporal
or property. 2. Prision Correcional
3. Arresto Mayor
4. Destierro
ART. 60: EXCEPTION TO THE RULES 5. Arresto Menor
ESTABLISHED IN ARTICLES 50 TO 57 6. Public Censure
7. Fine
Two cases where the accomplice is punished RULES TO BE OBSERVED IN LOWERING THE
with the same penalty imposed upon the PENALTY BY ONE OR TWO DEGREES
principal:
1. ascendants, guardians, curators, teachers Rule No. 1: when the penalty is single and indivisible
and any person who, by abuse of authority or (ex. RP), the penalty next lower shall be reclusion
confidential relationship, shall cooperate as temporal.
accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of Rule No. 2:
minors, white slave trade or abduction. 1. when the penalty is composed of two
2. one who furnished the place for the indivisible penalties; or
perpetration of the crime of slight illegal 2. when the penalty is composed of one or
detention more divisible penalties to be imposed to
their full extent
NOTE: Accessory punished as principal: Art 142 – the penalty next lower in degree shall be that
punishes an accessory for knowingly concealing immediately following the lesser of the penalties
certain evil practices prescribed

Rule No. 3: when the penalty is composed of 1 or 2

Cases where penalty imposed on accessories are
one degree lower instead of two degrees:
1. knowingly using counterfeited seal or forged
signature or stamp of the President of the
Republic
2. illegal possession and use of false treasury
or bank note
3. use of a falsified document
4. use of a falsified dispatch
indivisible penalties and the maximum period of a
divisible penalty
Ex. penalty for murder is reclusion temporal
to death. The point of reference will be on the
proper divisible penalty which is RT.
rd
Under the 3 rule, the penalty next lower to RT is
composed of the medium and minimum periods
of RT and the max of prision mayor.

Rules 4 and 5:
ART. 61: RULES FOR GRADUATING 1. if the penalty prescribed in the Code consists
PENALTIES of three periods corresponding to different
divisible penalties, the penalty next lower is
The rules provided in this Article should also apply in that consisting in the three periods down the
determining the minimum of the Indeterminate scale
Sentence Law (ISL). It also applies in lowering the 2. if the penalty prescribed in the Code consists
penalty by one orTIFFtwo degreesand by
QuickTime™ a
(Uncompressed) decompressor
reason of the of two periods, the penalty next lower is that
presence of the privileged
are neededmitigating
to see this picture.circumstance, or
consisting in two periods down the scale
when the penalty is divisible and there are two or 3. if the penalty prescribed in the Code consists
more mitigating circumstances and there are no in only one period, the penalty next lower is
aggravating circumstances. the next period down in the scale
GRADUATED SCALE IN ART. 71 NOTE: Mitigating and Aggravating circumstances are
first disregarded in the application of the rules for
Indivisible Penalties: graduating penalties. It is only after the penalty next
1. Death lower in degree is already determined that the
2. Reclusion Perpetua mitigating and aggravating circumstances should be

Page 45 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
considered.
ART. 62: EFFECT OF THE ATTENDANCE OF
MITIGATING OR AGGRAVATING
CIRCUMSTANCES AND OF HABITUAL
DELINQUENCY
Par. 1: Aggravating circumstances are not to be
taken into account when:
1. they themselves constitute a crime. Ex. by
“means of fire” – arson
2. they are included by law in the definition of a
crime
Par. 2: Same rules apply when the aggravating
circumstance is inherent in the crime
Par. 3: Aggravating or mitigating circumstances
arising from any of the following affect only those to
whom such circumstances are attendant:
1. from the moral attributes of the offender
2. from his private relations w/ the offended
party
3. from any other personal cause
Par. 4: the circumstances which consist of the
following shall serve to aggravate and mitigate the
liability only of those who had knowledge of them at
the time of the commission of the offense
1. material execution of the act
2. means employed to accomplish the crime
Par. 5: Habitual Delinquent is a person who within
the period of 10 years from the date of his (last)
release or last conviction of the crimes of:
1. Falsification
2. Robbery
3. Estafa
4. Theft
5. Serious or less serious physical injuries
is found guilty of any of the said crimes a third time or
oftener.
QuickTime™ and a
TIFF (Uncompressed) decompressor
NOTES: are needed to see this picture.
ƒ Effects of the circumstances:
o Aggravating circumstances (generic
and specific) have the effect of
increasing the penalty, without
however exceeding the
maximum period provided by
law.
o Mitigating circumstances have the
effect of diminishing the
penalty.
o Habitual delinquency has the
effect, not only of increasing
the penalty because of recidivism
which is generally implied in
habitual delinquency, but also of
imposing an additional penalty.
ƒ Ten year period to be computed from the
time of last release or conviction
ƒ Subsequent crime must be committed after
conviction of the former crime. Cases still
pending are not to be taken into
consideration.
HABITUAL RECIDIVISM
DELINQUENCY
Crimes to be committed Same title
are specified
W/ in 10 years No time fixed by law
Must be found guilty 3rd Second conviction
time or oftener
Additional penalty is Is not offset by MC,
imposed increases penalty to
maximum
REQUISITES Of Habitual Delinquency:
1. that the offender had been convicted of any
of the crimes of serious or less serious
physical injuries, robbery, theft, estafa or
falsification
2. that after conviction or after serving his
sentence, he again committed, and, within 10
years from his last release of first conviction,
he was again convicted of any of the said
crimes for the second time
3. that after his conviction of, or after serving
sentence for the second offense, he again
committed, and, within 10 years from his last
release or last conviction, he was again
convicted of any of said offenses, the third
time or oftener
Rulings on Habitual Delinquency:
1. The law on habitual delinquency does not
contemplate the exclusion from the
computation of prior conviction those falling
outside the 10-year period immediately
preceding the crime for which the defendant
is being tried.
2. Ten-year period is counted not from the date
of commission of the subsequent offense but
from the date of conviction thereof in relation
Page 46 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
to the date of his last release or last
conviction.
3. When an offender has committed several
crimes mentioned in the definition of habitual
delinquent, without being first convicted of
any of them before committing the others, he
is not a habitual delinquent.
4. Convictions on the same day or at about the
same time are considered as one only (days,
weeks..).
5. Crimes committed on the same date,
although convictions on different dates are
considered as one.
6. Previous convictions are considered every
time a new offense is committed.
7. Commissions of those crimes need not be
consummated.
8. Habitual delinquency applies to accomplice
and accessories.
9. A crime committed during the minority of the
offender is not counted because proceedings
as regards that crime are suspended.
10. Imposition of additional penalty is mandatory
and constitutional.
11. Modifying circumstances are applicable to
additional penalty.
12. Habitual delinquency is not a crime. It is
simply a fact or circumstance which if present
gives rise to the imposition of additional
penalty.
13. Penalty for habitual delinquency is a real
penalty that determines jurisdiction.
14. A habitual delinquent is necessarily a
recidivist.
15. In imposing the additional penalty, recidivism
is not aggravating. The additional penalty
must be imposed in its minimum.
16. An offender can be a habitual delinquent
without being a recidivist, when no two of the
crimes committed are embraced in the same
title of the Code. (Reyes)
NOTES:
ƒ In no case shall the total penalties imposed
upon the offender exceed 30 years.
QuickTime™ and a
ƒ The imposition of the additional
TIFF (Uncompressed) decompressor penalties on
are needed to see this picture.
habitual delinquents are constitutional, it is
simply a punishment on future crimes on
account of the criminal propensities of the
accused.
ƒ The imposition of such additional penalties
are mandatory.
ƒ Habitual delinquency applies at any stage of
the execution because subjectively, the
offender reveals the same degree of
depravity or perversity as the one who
commits a consummated crime.
ƒ Habitual delinquency applies to all
participants because it reveals persistence in
them of the inclination to wrongdoing and of
the perversity of character that led them to
commit the previous crime.
ART. 63: RULES FOR THE APPLICATION OF
INDIVISIBLE PENALTIES
Rules for the application of indivisible penalties:
1. Penalty is single and indivisible – applied
regardless of the presence of aggravating
and mitigating circumstances
2. Penalty composed of two indivisible penalties
a. One aggravating circumstance
present – higher penalty
b. One mitigating circumstance present
– lower penalty
c. Some mitigating circumstances
present and no aggravating – lower
penalty
d. Mitigating and Aggravating
Circumstances are present – basis in
number and importance
NOTES:
ƒ Art 63 applies only when the penalty
prescribed by the Code is either one
indivisible penalty or 2 indivisible penalties.
ƒ Par.4: the moral value rather than the
numerical weight shall be taken into account.
GENERAL RULE: When the penalty is
composed of 2 indivisible penalties, the penalty
cannot be lowered by one degree, no matter how
many mitigating circumstances are present
EXCEPTION: In cases of privileged
mitigating circumstances
ART. 64: RULES FOR THE APPLICATION OF
PENALTIES WHICH CONTAIN THREE
PERIODS
Rules For The Application Of Divisible Penalties:
1. No aggravating and no mitigating
circumstances – medium period
2. One mitigating circumstance – minimum
period
3. One aggravating circumstance – maximum
period
4. Mitigating and aggravating circumstance
offset each other and according to relative
Page 47 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
weight
5. 2 or more mitigating without any aggravating
circumstance – one degree lower
NOTES:
ƒ Art. 64 applies when the penalty has 3
periods because they are divisible. If the
penalty is composed of 3 different penalties,
each forms a period according to Art. 77
ƒ Par. 4: the mitigating circumstances must be
ordinary, not privileged. The aggravating
circumstances must be generic or specific,
not qualifying or inherent.
ƒ the court has discretion to impose the penalty
within the limits fixed by law
ƒ Art. 64 not applicable when the penalty is
indivisible or prescribed by special law or a
fine
ƒ Cases where the attending aggravating or
mitigating circumstances are not considered
in the imposition of penalties:
ƒ Penalty that is single and indivisible
ƒ Felonies through negligence
ƒ Where the penalty is only a fine
imposed by an ordinance (subject to
discretion of court – see Article 66)
ƒ Penalty is prescribed by a special
law
ART. 65: RULE IN CASES IN WHICH THE
PENALTY IS NOT COMPOSED OF THREE
PERIODS
Computations:
Example: Prision Mayor (6 years, 1 day to 12
years)
1. subtract the minimum (disregard 1 day) from
the maximum
12 years – 6 years = 6 years
2. Divide the difference by 3.
6 years / 3 = 2 years
3. Use the minimumQuickTime™ (6 years
and aand 1 day) as the
minimum of TIFF (Uncompressed) decompressor
the minimum
are needed to see this picture.
the 2 years (disregarding the 1 day) to the
minimum to get the maximum of the
minimum period.
6 years (minimum of the minimum)
+ 2 years (difference)
-------------------------------------------
8 years (maximum of the minimum).
Therefore, minimum period of prision mayor
= 6 years 1 day to 8 years
4. Use the maximum of the minimum period as
the minimum of the medium period and add 1
day to distinguish from the minimum period.
Then add 2 years to the minimum of the
medium (disregarding the 1 day) to get the
maximum of the medium period.
8 years (minimum of the medium)
+ 2 years (difference)
-------------------------------------------
10 years (maximum of the medium)
Therefore, medium period of prision mayor =
8 years 1 day to 10 years
5. use the maximum of the medium period as
the minimum of the maximum pd, and add 1
day to distinguish it from the maximum of the
medium period. Then add 2 years to the
minimum of the maximum pd (disregarding
the 1 day) to get the maximum of the
maximum period)
10 years (maximum of the medium)
+ 2 years (difference)
----------------------------------------------
12 years (maximum of the maximum)
Therefore, maximum period of prision mayor
= 10 years 1 day to 12 years
*Computation above is applicable to all others except
to arresto mayor.
Example: Prision Mayor minimum (6 years 1 day
to 8 years) only
1. Subtract minimum from the maximum.
8 years – 6 years = 2 years
2. Divide the difference by 3.
2 years / 3 = 8 months
3. Use the minimum of the given example as
the minimum period. Then to get to get the
period. Then add maximum of the minimum, add the 8 months.
6 years + 8 months = 6 years and 8
months
Therefore, minimum of prision mayor
minimum = 6 years 1 day to 6 years 8
months
4. Use the maximum of the minimum as the
minimum of the medium period. Add 1 day to
distinguish it from the maximum of the
minimum. Add the 8 months and this
Page 48 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
becomes the maximum of the medium
6 years 8 months + 8 months = 7
years 4 months
Therefore, the medium period of prision
mayor minimum = 6 years, 8 months 1 day to
7 years, 4 months
5. Use the maximum of the medium as the
minimum period of the maximum period and
add 1 day to distinguish. Add the 8 months to
get the maximum of this maximum
7 years 4, months + 8 months = 8
years
Therefore, maximum of prision mayor = 7
years, 4 months, 1 day to 8 years
ART. 66: IMPOSITION OF FINES
1. The
court can fix any amount of the fine within the
limits established by law.
2. Court must consider the following in imposing
the fines:
a. mitigating and aggravating
circumstances
b. more particularly, the wealth and
means of the culprit
3. The following may also be considered by the
court:
a. the gravity of the crime committed
b. the heinousness of its perpetration
c. the magnitude of its effects on the
offender’s victims.
NOTE: When the minimum of the fine is not fixed, the
court shall have the discretion, provided it does not
exceed the amount authorized by law.
ART. 67: PENALTY TO BE IMPOSED WHEN
NOT ALL THE REQUISITES OF EXEMPTION
OF THE FOURTH CIRCUMSTANCE OF
ARTICLE 12 ARE PRESENT
QuickTime™ and a
TIFF (Uncompressed) decompressor
Requisites of Art. 12, par. to4:see this picture.
are needed
1. act causing the injury must be lawful
2. act performed w/ due care
3. injury was caused by mere accident
4. no fault or intention to cause injury
NOTE: If these conditions are not all present, then
the following penalties shall be imposed:
1. grave felony – arresto mayor max to prision
correcional minimum
2. less grave felony – arresto mayor min to
arresto mayor medium
ART. 68: PENALTY TO BE IMPOSED UPON A
PERSON UNDER EIGHTEEN YEARS OF AGE
NOTE: Art. 68 applies to such minor if his application
for suspension of sentence is disapproved or if while
in the reformatory institution he becomes incorrigible,
in which case he shall be returned to the court for the
imposition of the proper penalty.
Art. 68 provides for 2 privileged mitigating
circumstances:
1. If the act is attended by two or more
mitigating circumstances and no aggravating
circumstance, the penalty being divisible, a
minor over 15 but under 18 may still get a
penalty two degrees lower.
2. under 15 but over 9 and has acted w/
discretion: 2 degrees lower
3. under 18 but over 15: 1 degree lower
ART. 69: PENALTY TO BE IMPOSED WHEN
THE CRIME COMMITTED IS NOT WHOLLY
EXCUSABLE
NOTE: Penalty to be imposed when the crime
committed is not wholly excusable:1 or 2 degrees
lower if the majority of the conditions for justification
or exemption in the cases provided in Arts. 11 and 12
are present.
ART. 70: SUCCESSIVE SERVICE OF
SENTENCE
NOTES:
The Three-Fold Rule
1. Maximum duration of the convict’s sentence:
3 times the most severe penalty imposed
2. Maximum duration: shall not exceed 40 yrs
3. Subsidiary imprisonment: This shall be
excluded in computing for the maximum
duration.
* The three-fold rule shall apply only when the convict
is to serve 4 or more sentences successively.
Different Systems Of Penalty (Relative To The
Execution Of Two Or More Penalties Imposed The
Same Accused)
1. Material accumulation system - No
Page 49 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
limitation whatsoever, and accordingly, all the
penalties for all the violations were imposed
even if they reached beyond the natural span
of human life.
2. Juridical accumulation system - Limited to
not more than three-fold the length of time
corresponding to the most severe and in no
case to exceed 40 years. This is followed in
our jurisdiction.
3. Absorption system - The lesser penalties
are absorbed by the graver penalties.
ART. 71: GRADUATED SCALES
ART. 72: PREFERENCE IN THE PAYMENT OF THE
CIVIL LIABILITIES
NOTE: The penalties shall be satisfied according to
the chronological order of the dates of the final
judgment. (Art. 70)
Section Three. — Provisions common in the last
two preceding sections
ART. 73: PRESUMPTION IN REGARD TO THE
IMPOSITION OF ACCESSORY PENALTIES
NOTE: Accessory penalties are deemed imposed
with the principal penalty. However, the subsidiary
imprisonment must be expressly stated in the
decision, as it is not considered an accessory
penalty.
ART. 74: PENALTY HIGHER THAN RECLUSION
PERPETUA IN CERTAIN CASES
NOTE: If the decision or law says higher than
QuickTime™ and a
reclusion perpetua TIFF
or (Uncompressed)
2 degreesdecompressor
higher than reclusion
are needed to see this picture.
temporal, then the penalty imposed is reclusion
perpetua or reclusion temporal as the case may be,
and not death. Death must be designated by name.
However, for the other penalties, this does not apply.
Ex: the penalty for crime X is 2 degrees lower than
RP. The penalty imposed is prision mayor.
ART. 75: INCREASING OR REDUCING THE
PENALTY OF FINE BY ONE OR MORE
DEGREES
To get the lower degree:
1. Max: reduce by one-fourth
2. Min: the same
ART. 76: LEGAL PERIOD OF DURATION OF
DIVISIBLE PENALTIES
ART. 77: WHEN THE PENALTY IS A COMPLEX
ONE COMPOSED OF THREE DISTINCT
PENALTIES
NOTE: If there are 3 distinct penalties; there shall be
a minimum, a medium and a maximum.
Ex: Reclusion temporal max to death
Chapter Five
EXECUTION AND SERVICE OF PENALTIES
Section One. — General Provisions
ART. 78: WHEN AND HOW A PENALTY IS TO
BE EXECUTED
NOTES:
ƒ Only a penalty by final judgment can be
executed. Judgment is final if the accused
has not appealed within 15 days or he has
expressly waived in writing that he will not
appeal.
ƒ There could be no subsidiary liability if it was
not expressly ordered in the judgment.
ART. 79: SUSPENSION OF THE EXECUTION
AND SERVICE OF THE PENALTIES IN CASE
OF INSANITY
Cases of insanity:
1. After final sentence, suspend the sentence
regarding the personal penalties.
2. If he recovers, the sentence is executed
unless it has prescribed.
3. The payment of civil of pecuniary liabilities
shall not be suspended.
Page 50 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
INDETERMINATE SENTENCE LAW
Act No. 4103 as amended by Act No. 4225
- It applies to both violations of Revised Penal Code
and special laws, and is based on the penalty
actually imposed.
Indeterminate sentence is mandatory where
imprisonment would exceed one year.
IF THE PENALTY IS IMPOSED BY THE RPC:
1. The Maximum Term – is that which could be
properly imposed under the RPC, considering the
aggravating and mitigating circumstances.
2. The MinimumTerm – is within the range of the
penalty one degree lower than that prescribed by
the RPC, without considering the circumstances.
ƒ BUT when there is a privileged mitigating
circumstance, so that the penalty has to be
lowered by one degree, the STARTING POINT
for determining the minimum term of the
indeterminate penalty is the penalty next lower
than that prescribed by the Code for the offense.
IF THE PENALTY IS IMPOSED BY SPECIAL
PENAL LAW
1. The Maximum Term – must not exceed the
maximum term fixed by said law.
2. The Minimum Term – must not be less than
the minimum term prescribed by the same.
ƒ For SPECIAL LAWS, it is anything within the
inclusive range of the prescribed penalty. Courts
are given discretion in the imposition of the
indeterminate penalty. The aggravating and
mitigating circumstances are not considered
unless the special law adopts the same
terminology for penalties as those used in the
RPC (such as reclusión perpetua and the like).
WHEN BENEFIT OF THE ISL IS NOT
APPLICABLE:
QuickTime™ and a
The IndeterminateTIFF
Sentence
(Uncompressed)Law shall not apply
decompressor
are needed to see this picture.
to the following persons:
1. sentenced to death penalty or life
imprisonment
2. treason, or conspiracy or proposal to commit
treason
3. misprision of treason, rebellion, sedition or
espionage
4. piracy
5. habitual delinquents
6. escaped from confinement, or evaded
sentence
7. granted with conditional pardon by the
President, but violated the terms thereof
8. maximum term of imprisonment does not
exceed 1 year
9. sentenced to the penalty of destierro or
suspension only
RELEASE OF THE PRISONER ON PAROLE
The Board of Pardons and Parole may authorize the
release of a prisoner on parole, after he shall have
served the minimum penalty imposed on him,
provided that:
1. Such prisoner is fitted by his training for
release,
2. There is reasonable probability that he will live
and remain at liberty without violating the law,
3. Such release will not be incompatible with the
welfare of society.
ENTITLEMENT TO FINAL RELEASE AND
DISCHARGE
If during the period of surveillance such paroled
prisoner shall: (a) show himself to be a law abiding
citizen and, (b) shall not violate any law, the Board
may issue a final certification in his favor, for his final
release and discharge.
SANCTION FOR VIOLATION OF CONDITIONS OF
THE PAROLE
When the paroled prisoner shall violate any of the
conditions of his parole: (a) the Board may issue an
order for his arrest, and thereafter, (b) the prisoner
shall serve the remaining unexpired portion of the
maximum sentence for which he was originally
committed to prison.
REASONS FOR FIXING THE MAXIMUM AND
MINIMUM TERMS IN THE INDETERMINATE
SENTENCE
The minimum and maximum terms in the IS must be
fixed, because they are the basis for the following:
1. Whenever a prisoner has: (a) served the
MINIMUM penalty imposed on him, and (b) is
fit for release of the prisoner on parole, upon
terms and conditions prescribed by the
Board.
2. But when the paroled prisoner violates any of
the conditions of his parole during the period
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence.
3. Even if a prisoner has already served the
MINIMUM, but he is not fitted for release on
the parole, he shall continue to serve until the
end of the MAXIMUM term.
Page 51 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 80: SUSPENSION OF SENTENCE OF
MINOR DELINQUENTS (AS REPEALED BY PD
603: CHILD AND YOUTH WELFARE CODE)
1. Youthful offender – over 9 but under 18 at
time of the commission of the offense
2. A child nine years of age or under at the time
of the commission of the offense shall be
exempt from criminal liability and shall be
committed to the care of his or her father or
mother, or nearest relative or family friend in
the discretion of the court and subject to its
supervision.
3. The same shall be done for a child over nine
years and under fifteen years of age at the
time of the commission of the offense, unless
he acted with discernment, in which case he
shall be proceeded against in accordance
with Article 192.
4. A youthful offender held for examination or
trial who cannot furnish bail will be committed
to the DSWD/local rehabilitation center or
detention home.
5. If the court finds that the youthful offender
committed the crime charged against him, it
shall determine the imposable penalty and
the civil liability chargeable against him, but it
may not pronounce judgment of conviction.
Instead, the court shall suspend all further
proceedings if, upon application of the
youthful offender, it finds that the best
interest of the public and that of the offender
will be served thereby.
EXCEPTIONS to suspension of sentence
a. those who previously enjoyed a
suspension of sentence
b. those convicted of death or life
imprisonment
c. those convicted for an offense by the
military tribunals
6. The youthful offender shall be returned to the
court for pronouncementQuickTime™ andof a judgment, when
TIFF (Uncompressed) decompressor
the youthfulareoffender, (1)
needed to see this has been found
picture.
incorrigible, or (2) has willfully failed to
comply with the conditions of his
rehabilitation programs; or (3) when his
continued stay in the training institution would
be inadvisable.
7. When the youthful offender has reached the
age of twenty one while in commitment, the
court shall determine whether-
a. To dismiss the case, if the youthful
offender has behaved properly and
has shown his capability to be a
useful member of the community; or
b. To pronounce the judgment of
conviction, if the conditions
mentioned are not met.
In the latter case, the convicted offender may
apply for probation. In any case, the youthful
offender shall be credited in the service of his
sentence with the full time spent in actual
commitment and detention.
8. The final release of a youthful offender,
based on good conduct as provided in Art.
196 shall not obliterate his civil liability for
damages.
9. A minor who is ALREADY AN ADULT at the
time of his conviction is not entitled to a
suspension of sentence.
10. The records of the proceeding shall be
privileged and shall not be disclosed.
11. The civil liability of the youthful offender may
be voluntarily assumed by a relative or a
friend.
12. The parent or guardian of the child is liable
when he aids, abets or connives for the
commission of the crime or does an act
producing, promoting or contributing to the
child’s being a juvenile delinquent.
13. penalties for the parent or guardian: Fine not
exceeding P500 and/or imprisonment not
exceeding 2 years
PROBATION LAW OF 1976
(PD 968, AS AMENDED)
PROBATION - a disposition under which a defendant
after conviction and sentence is released subject to
conditions imposed by the court and to the
supervision of a probation officer
RULES ON GRANT OF PROBATION
1. After having convicted and sentenced a
defendant, the trial court may suspend the
execution of the sentence, and place the
defendant on probation, upon application by
the defendant within the period for perfecting
an appeal.
2. Probation may be granted whether the
sentence imposed a term of imprisonment or
fine only.
3. No application for probation shall be
entertained or granted if the defendant has
Page 52 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
perfected an appeal.
4. Filing of application for probation operates as
a waiver of the right to appeal.
5. The order granting or denying probation shall
not be appealable.
6. Accessory penalties are deemed suspended
once probation is granted.
7. The convict is not immediately placed on
probation. There shall be a prior investigation
by the probation officer and a determination
by the court.
8. CRITERIA FOR grant of probation:
a. All information relative to the
character, antecedents,
environment, mental, and physical
condition of the offender
b. Available institutional and community
resources.
9. Probation is to be denied upon finding of the
court that:
a. The offender is in need of
correctional treatment that can be
provided effectively by
commitment to an institution.
b. There is undue risk of committing
another crime.
c. Probation will depreciate
seriousness of the offense
committed.
10. At any time during probation, the court may
issue a warrant for the arrest of a probationer
for any serious violation of the conditions of
probation. If violation is established, the court
may:
a. revoke his probation, and thus make
him serve the sentence originally
imposed, or
b. continue his probation and modify its
conditions
The court order shall not be subject to
appeal.
11. Probation is not coterminous with its
period. There must be an order issued by
the court discharging the probationer. Upon
finding that he has fulfilled the terms and
QuickTime™ and a
conditions TIFF
of (Uncompressed)
his probation, decompressorthe court may
are needed to see this picture.
order the final discharge of the probationer.
This shall have the following effects:
a. case is deemed terminated
b. all civil rights lost or suspended are
restored
c. offender’s liability for any fine
imposed is discharged
WHO ARE DISQUALIFIED FROM THE BENEFITS
OF PROBATION:
1. Sentenced to serve a maximum term of
imprisonment of more the 6 years
2. Convicted of subversion or any crime against
the national security or the public order
3. Previously convicted by final judgment of an
offense punished by imprisonment of
not less than 1 month and 1 day and/or a
fine not less than P200
4. Already placed on probation once
There are two kinds of conditions imposed upon
the offender under probation:
1. Mandatory or general – once violated, the
probation is cancelled
a. The offender under probation must
present himself to the probation
officer designated to undertake his
supervision, at such place as may
be specified in the order,
within 72 hours from receipt of order.
his b. He should report to the probation
officer at least once a month.
2. Discretionary or special – additional
conditions which the court may
the additionally impose for the probationer’s
correction and rehabilitation outside
prison. The enumeration is not
exclusive, as long as the probationer’s
Constitutional rights are not jeopardized.
Duration of Probation Period:
1. If the term of imprisonment is not more than
one year, probation shall not exceed 2
years.
2. if the term of imprisonment is more than one
year, period shall not exceed 6 years.
3. When the penalty is a fine only and the
offender is made to serve subsidiary
imprisonment, probation shall be twice the
total number of days of subsidiary
imprisonment.
ART. 81: WHEN AND HOW THE DEATH
PENALTY IS TO BE EXECUTED
ART. 82: NOTIFICATION AND EXECUTION
OF THE SENTENCE AND ASSISTANCE TO
THE CULPRIT
Section Two. — Execution of principal penalties
NOTE: Designate a working day, which shall not be
communicated to the offender before the sunrise of
Page 53 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

said day. The execution shall not take place until after
the expiration of at least 8 hours following such
notification.
ART. 83: SUSPENSION OF THE EXECUTION
OF THE DEATH SENTENCE
surveillance of an officer of the law whenever
the court so provides in the decision due to
the health of the offender. But the reason is
not satisfactory just because the offender is a
respectable member of the community.

Death sentence commuted to RP: Title Four

1. woman, while pregnant EXTINCTION OF CRIMINAL LIABILITY
2. woman, within 1 year, after delivery
3. person over 70 years of age
4. convict who becomes insane after final
sentence of death has been pronounced

ART. 84: PLACE OF EXECUTION AND PERSONS Chapter One

WHO MAY WITNESS THE SAME TOTAL EXTINCTION OF CRIMINAL
LIABILITY
ART. 85: PROVISIONS RELATIVE TO THE
CORPSE OF THE PERSON EXECUTED AND ITS
BURIAL

ART. 86: RECLUSION PERPETUA, RECLUSION ART. 89: HOW CRIMINAL LIABILITY IS TOTALLY
TEMPORAL, PRISION MAYOR, PRISION EXTINGUISHED
CORRECCIONAL AND ARRESTO MAYOR
PAR. 1. BY DEATH
ART. 87: DESTIERRO
NOTES:
ƒ Extinguishment of criminal liability is a
ground for motion to quash.
Destierro Shall Be Imposed In The Following ƒ Criminal liability whether before or after final
Cases: judgment is extinguished upon death
1. death or serious physical injuries is caused because it is a personal penalty.
or are inflicted under exceptional ƒ Pecuniary penalty is extinguished only when
circumstance death occurs before final judgment.
2. person fails to give bond for good behavior ƒ The death of the offended party however
3. concubine’s penalty for the crime of does not extinguish criminal liability of the
concubinage accused because it is a crime against the
4. lowering the penalty by degrees state.

Execution of Destierro:
1. Convict shall not be permitted to enter the PAR. 2. BY SERVICE OF SENTENCE
place designated in the sentence nor within
the radius specified, which shall not be more NOTES:
QuickTime™ and a
than 250 and not less decompressor
TIFF (Uncompressed) than 25 km from the ƒ Crime is a debt, hence extinguished upon
are needed to see this picture.
place designated. payment.
2. If the convict enters the prohibited area, he ƒ Service does not extinguish civil liability.
commits evasion of sentence.
PAR. 3. BY AMNESTY
ART. 88: ARRESTO MENOR
Amnesty – is an act of the sovereign power granting
NOTE: oblivion or general pardon. It wipes all traces and
Served where: vestiges of the crime but does not extinguish civil
1. In the municipal jail liability.
2. In the house of the offender, but under the

Page 54 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

PAR. 4. BY ABSOLUTE PARDON deed – 6 months

Pardon – an act of grace proceeding from the power
entrusted with the execution of laws, which exempts
the individual from the punishment the law inflicts for
the crime.
4. Light offenses – 2 months
When the penalty is a compound one, the highest
penalty shall be made the basis of the application of
above rules.

PAR. 6. BY PRESCRIPTION OF PENALTY

AMNESTY
Extended to classes of
persons who may be guilty of
political offenses
Exercised even before trial or
investigation
Looks backward and
abolishes the offense itself
Does not extinguish civil
liability
A public act that needs the
declaration of the President
with the concurrence of
Congress
Courts should take judicial
notice
PAR. 5. BY PRESCRIPTION OF CRIME
PARDON NOTE: means the loss/forfeiture of the right of
government to execute the final sentence after the
Exercised individually lapse of a certain time.
by the President
Conditions:
1. There must be final judgment.
Exercised when one is 2. The period must have elapsed.
convicted
PRESCRIPTIVE PERIODS OF PENALTIES:
1. Death and reclusión perpetua – 20 years
Looks forward and 2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years, except for
relieves the offender of
the penalty of arresto mayor which
the consequences
prescribes in 5 years
4. Light penalties – 1 year
Same
A private act of the PAR. 6. BY MARRIAGE OF THE OFFENDED
President WOMAN (ART. 344)
NOTE:
Crimes covered:
1. rape
2. seduction
Must be pleaded and 3. abduction
proved 4. acts of lasciviousness
ƒ The marriage must be contracted in good faith.

Prescription of a crime – is the loss/forfeiture of the ART. 90: PRESCRIPTION OF CRIME

right of the state to prosecute the offender after the
lapse of a certain time.
NOTES:
NOTE: When the crime prescribes, the state loses ƒ In computing for the period, the first day is
the right to prosecute excluded and the last day included. Period is
subject to leap years.
QuickTime™ and a
PRESCRIPTIVE PERIODS OF decompressor
TIFF (Uncompressed) CRIMES: ƒ When the last day of the prescriptive period
are needed to see this picture.
1. Crimes punishable by: falls on a Sunday or a legal holiday, the
a. Death, reclusión perpetua or information can no longer be filed the
reclusión temporal – 20 years following day.
b. afflictive penalties – 15 years ƒ Simple slander prescribes in 2 months and
c. correctional penalties – 10 years, grave slander in 6 months.
d. except those punishable by ƒ Since destierro is a correctional penalty, it
arresto mayor which shall prescribe prescribes in 10 years. For afflictive
in 5 years penalties, period is 15 years.
2. Crime of libel – 1 year ƒ If it is a compound penalty, basis will be the
3. Offenses of oral defamation and slander by highest penalty.

Page 55 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ƒ If fine is an alternative penalty (imposed
together with a penalty lower than the fine),
fine shall be the basis.
ƒ Prescription begins to run from the discovery
thereof. It is interrupted when proceedings
are instituted and shall begin to run again
when the proceedings are dismissed.
ƒ If an accused fails to move to quash before
pleading, he is deemed to have waived all
objections, except if the grounds are:
1. facts charged do not constitute an
offense
2. court has no jurisdiction
3. criminal action or liability has been
extinguished
4. the averments, if true, would
constitute a legal excuse or
justification (See Rule 117, Sec 9,
RoC)
ƒ Prescription does not take away the court’s
jurisdiction but only absolves the defendant
and acquits him.
ART. 91: COMPUTATION OF PRESCRIPTION OF
OFFENSES
NOTES:
ƒ If there is nothing concealed (appears in a
public document), the crime commences to
run on the date of the commission.
ƒ The period of prescription for crimes which
continue never runs.
ƒ Crime needs to be discovered by:
1. offended party
2. authorities
3. their agents
ƒ If a person witnesses the crime but only tells
the authorities 25 years later, prescription
commences on the day the authorities were
told.
What Interrupts Prescription?
1. preliminary examination or investigation
which is similar to judicial proceeding
2. filing the proper complaint with the
QuickTime™ and a
prosecutor’s office. Police
TIFF (Uncompressed) not included.
decompressor
are needed to see this picture.
3. Filing complaint with the court that has
proper jurisdiction
The Period Commences To Run Again When The
Proceeding Is Terminated:
1. Without the accused being convicted or
acquitted
2. The proceeding is unjustifiably stopped for a
reason not imputable to the offender
When such proceedings terminate – termination
that is final; an unappealed conviction or acquittal
Unjustifiably stopped for any reason – ex:
accused evades arrest, proceedings must be stopped
NOTE: Art. 91 applies to a special law when said law
does not provide for the application but only provides
for the period of prescription.
ART. 92: WHEN AND HOW PENALTIES
PRESCRIBE
NOTES:
ƒ Final sentence must be imposed.
ƒ If a convict can avail of mitigating
circumstances and the penalty is lowered, it
is still the original penalty that is used as the
basis for prescription. However, if the convict
already serves a portion of his sentence and
escapes after, the penalty that was imposed
(not the original) shall be the basis for
prescription.
ƒ Fines less than P200 fall under light penalty.
Those above are correccional.
ART. 93: COMPUTATION OF THE PRESCRIPTION
OF PENALTIES
The period of prescription commences to run from
the date when the culprit evaded the service of his
sentence.
Requisites:
1. Penalty is imposed by final sentence.
2. Convict evaded service of the sentence by
escaping during the term of his sentence.
3. Convict has not given himself up, or been
captured, or gone to a foreign country with
which we have no extradition treaty, or
committed another crime.
4. Penalty has prescribed, because of the
lapse of time from the date of the evasion of
the service of the sentence.
Interruption Of The Period:
If the convict
1. gives himself up
2. be captured
3. goes to a foreign country with which the
Philippines has no extradition treaty
4. commits another crime before the expiration
of the period of prescription
5. accepts a conditional pardon
Page 56 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTES:
ƒ If a government has an extradition treaty with
the country to which a convict escaped, but
the crime is not included in the treaty, the
running of the prescription is still interrupted.
ƒ Evasion of sentence starts the running of the
prescription. It does not interrupt it.
Acceptance of the conditional pardon
interrupts the prescription period.
ƒ Rolito Go case: Since he was captured, he
is only supposed to serve the remainder of
his sentence. Reason: During the period he
escaped, his existence was one of fear and
discomfort.
ART. 94: PARTIAL EXTINCTION OF
CRIMINAL LIABILITY
Conditional pardon – contract between the
sovereign power of the executive and the convict
NOTE: Convict shall not violate any of the penal laws
of the Philippines.
In Case Of Violation Of Conditions:
1. Offender is re-arrested and re-incarcerated
2. Prosecution under Art. 159
COMMUTATION – change in the decision of the
court by the chief regarding the:
1. degree of the penalty
2. by decreasing the length of the
imprisonment or fine
Commutation Allowed When:
1. person is over 70 years old
2. 8 justices fail to reach a decision affirming
the death penalty
NOTES:
ƒ Consent is not necessary in commutation.
ƒ Prisoner is also allowed special time
allowance for loyalty which is 1/5 deduction
of the period of his sentence.
PAROLE – consists in the suspension of the
sentence of a convict after serving the minimum term
of the indeterminate penalty, without granting pardon,
prescribing the terms upon which the sentence shall
be suspended. In case his parole conditions are not
observed, a convict may be returned to the custody
and continue to serve his sentence without deducting
the time that elapsed.
Good conduct allowance during confinement –
Deduction for the term of sentence for good behavior
Allowances For Good Conduct Per Year
Years Allowance
First 2 years 5 days per month of good
behavior
3rd to 5th years 8 days per month of good
behavior
Following years up to 10 days per month of good
10th year behavior
11th year and 15 days per month of good
successive years behavior
NOTE: Condition of pardon is limited to unserved
portion of the sentence, unless an intention to extend
it beyond the time is manifest.
ART. 96: EFFECT OF COMMUTATION OF
SENTENCE
ART. 97: ALLOWANCE FOR GOOD CONDUCT

CONDITIONAL PARDON PAROLE NOTES:

Given after final judgment Given after service of the ƒ allowance for good conduct not applicable
QuickTime™ and a
minimum penalty
TIFF (Uncompressed) decompressor
when prisoner released under conditional
are needed to see this picture. pardon.
ƒ good conduct time allowance is given in
Granted by Chief Given by the Board of
consideration of good conduct of prisoner
Executive Pardons and Parole while he is serving sentence.
For violation, convict may For violations, may be
ART. 98: SPECIAL TIME ALLOWANCE
be prosecuted under 159 rearrested, convict serves
FOR LOYALTY
remaining sentence

ART. 95: OBLIGATION INCURRED BY PERSON

GRANTED CONDITIONAL PARDON
Page 57 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTES:
ƒ The article applies only to prisoners who
escaped.
ƒ There is a deduction of 1/5 of the period of
sentence of prisoner who, having evaded the
service of his sentence during the calamity or
catastrophe mentioned in Art 158, gives
himself up to the authorities within 48 hours
following the issuance of the proclamation by
the President announcing the passing away
of the calamity or catastrophe.
ƒ The deduction is based on the original
sentence and not on the unexpired portion.
ƒ Art 158 provides for increased penalties:
ƒ A convict who has evaded the service of his
sentence by leaving the penal institution on
the occasion of disorder resulting from
conflagration, earthquake or similar
catastrophe or during mutiny in which he did
not participate is liable to an increased
penalty (1/5 of the time still remaining to be
served – not to exceed 6 months), if he fails
to give himself up to the authorities within 48
hours following the issuance of a
proclamation by the President announcing
the passing away of the calamity.
ART. 99: WHO GRANTS TIME
ALLOWANCES
NOTES:
ƒ The authority to grant time allowance for
good conduct is exclusively vested in the
Director. (e.g. provincial warden cannot usurp
Director’s authority)
ƒ It is not an automatic right, and once granted,
cannot be revoked by him.
Title Five
CIVIL LIABILITY
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
Chapter One
PERSON CIVILLY LIABLE FOR FELONIES
TWO CLASSES OF CIVIL LIABILITY
1. social injury – produced by disturbance and
alarm which are the outcome of the offense
2. personal injury – caused by the victim who
may have suffered damage, either to his
person, property, honor or chastity
ART. 100: CIVIL LIABILITY OF A
PERSON GUILTY OF FELONY
Dual Character Of The Crime As Against:
1. the state, because of the disturbance of
peace and order
2. the private person injured, unless it involves
the crime of treason, rebellion, espionage,
contempt and others where no civil liability
arises on the part of the offender either
because there are no damages or there is
no private person injured by the crime
Damage that may be recovered in criminal cases:
1. Crimes against persons, like crime of
physical injuries – whatever he spent for
treatment of wounds, doctor’s fees,
medicines as well as salary or wages
unearned
2. Moral Damages: seduction, abduction, rape
or other lascivious acts, adultery or
concubinage, illegal or arbitrary detention or
arrest, illegal search, libel, slander or any
other form of defamation, malicious
prosecution
3. Exemplary Damages: imposed when crime
was committed with one or more
aggravating circumstances
NOTES:
ƒ If there is no damage caused by the
commission of the crime, offender is not
civilly liable.
ƒ Dismissal of the information or the criminal
action does not affect the right of the
offended party to institute or continue the civil
action already instituted arising from the
offense, because such dismissal does not
carry with it the extinction of the civil one.
ƒ When accused is acquitted on ground that
his guilt has not been proven beyond
reasonable doubt, a civil action for damages
for the same act or omission may be
instituted.
ƒ Exemption from criminal liability in favor of an
imbecile or insane person, and a person
under 15 years, or over 15 but under 18 who
acted without discernment and those acting
Page 58 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
under the impulse of irresistible force or
under the impulse of an uncontrollable fear of
an equal or greater injury does not include
exemption from civil liability.
ƒ Acquittal in the criminal action for negligence
does not preclude the offended party from
filing a civil action to recover damages,
based on the theory that the act is a quasi-
delict.
ƒ When the court found the accused guilty of
criminal negligence but failed to enter
judgment of civil liability, the private
prosecutor has a right to appeal for the
purposes of the civil liability of the accused.
The appellate court may remand the case to
the trial court for the latter to include in its
judgment the civil liability of the accused
ƒ Before expiration of the 15-day period to
appeal, the trial court can amend the
judgment of conviction by adding a provision
for the civil liability of the accused, even if the
convict has started serving the sentence.
ƒ If offender dies prior to the institution of the
action or prior to the finality of judgment, civil
liability ex delicto is extinguished.
ƒ An independent civil action may be brought
by the injured party during the pendency of
the criminal case provided the right is
reserved. Reservation is necessary in the
following cases: (according to Herrera, no
reservation needed)
i. any of the cases referred to in Art 32
(perpetual or temporary
disqualification for exercise of the
right of suffrage)
ii. defamation, fraud and physical injury
(bodily injury and not the crime of
physical injury)
iii. civil action is against a member of a
city or municipal police force for
refusing or failing to render aid or
protection to any person in case of
danger to life or property
Prejudicial Question – one which arises in a case,
QuickTime™ and a
the resolution of which is a logical
TIFF (Uncompressed) antecedent of the
decompressor
are needed to see this picture.
issue involved in said case and the cognizance of
which pertains to another tribunal. (elements
provided in Rule 111, Section 7 of RoC)
For the principle to apply, it is essential that there be
2 cases involved, a civil and a criminal case.
Prejudicial questions must be decided before any
criminal prosecution may be instituted or may
proceed.
ART. 101: RULES REGARDING CIVIL
LIABILITY IN CERTAIN CASES
General Rule: Exemption from criminal liability does
not include exemption from civil liability.
Exception: No civil liability in Art. 12, par. 4 (injury
caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by
some lawful or insuperable cause).
Pars. 1,2,3,5 and 6 are NOT exempt from civil
liability although exempt from criminal liability.
Who Are Civilly Liable For: -
1. acts of insane or minor exempt from
criminal liability
a. primarily persons having legal
authority or control over him, if at
fault or negligent (except if proven
that they acted without fault or with
due diligence)
b. If there is no fault or negligence, or
even with fault but are insolvent and
there are no persons having legal
authority over them, the
property of the insane, minor or
imbecile not exempt from execution
shall be held liable.
2. over 15 but under 18, with discernment
a. The father and, in case of his death
or incapacity, the mother, are
responsible for the damages caused
by the minor children who live in
their company.
b. Guardians over minors who are
under their authority and live in their
company
c. If there are no parents or guardian,
the minor or insane person shall be
answerable with his own property in
an action against him where a
guardian ad litem shall be appointed.
NOTE: Final release of a child based on good
conduct does not remove his civil liability for
damages.
3. persons acting under an irresistible force
or uncontrollable fear – Persons using
violence or causing the fear are primarily
liable. If there are none, those doing the act
are responsible.
Page 59 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
General Rule: no civil liability in justifying
circumstances
Exception: par. 4 of Art. 11, where a person
does an act, causing damage to another, in
order to avoid evil or injury, the person
benefited by the prevention of the evil or
injury shall be civilly liable in proportion to the
benefit he received.
Civil liability in case of state of necessity
Those who benefited by the act are liable. The
court shall determine the proportionate amount
for which each shall be liable. If the government
or majority of the inhabitants are held
responsible, such will be determined by special
laws or regulations.
ART. 102: SUBSIDIARY CIVIL LIABILITY OF
INNKEEPERS, TAVERNKEEPERS AND
PROPRIETORS OF ESTABLISHMENTS
PAR. 1
Requisites:
1. The innkeeper, tavernkeeper or proprietor of
the establishment or his employee
committed a violation of municipal ordinance
or some general or special police regulation.
2. A crime is committed in such establishment.
3. The person criminally liable is insolvent.
NOTE: When all these are present, the innkeeper,
tavernkeeper or any other person or corporation is
subsidiarily liable for the crime committed in his
establishment.
PAR. 2:
Requisites:
1. The guests notified in advance the
innkeeper of the deposit of such goods
within the inn or house.
2. The guests followed the directions of the
innkeeper or his representative with respect
to the care of and vigilance over such goods.
3. Such goods of QuickTime™
the guests and a
TIFF (Uncompressed) decompressor
lodging therein
were taken arebyneeded
robbery
to see thisw/ force upon things
picture.
or theft committed within the inn or house.
ART. 103: SUBSIDIARY CIVIL LIABILITY OF
OTHER PERSONS
Requisites:
1. The employer, teacher, person or
corporation is engaged in any kind of
industry.
2. Any of their servants, pupils, workmen,
apprentices or employees commits a felony
while in the discharge of his duties.
3. The said employee is insolvent and has not
satisfied his civil liability.
Industry – any department or branch of art,
occupation or business; especially one w/c employs
so much labor and capital is a distinct branch of trade
NOTES:
ƒ Hospitals are not engaged in industry; hence,
they are not subsidiarily liable for acts of
nurses.
ƒ Private persons without business or industry
are not subsidiarily liable.
ƒ A separate trial is not necessary to enforce
the subsidiary liability of the employer. The
judgment obligee only needs to file a motion
for subsidiary execution. During the hearing
of the said motion, it is incumbent upon the
movant to prove that; (1) an employer-
employee relationship exists; (2) the
employer is engaged in an industry; (3) the
convict committed the crime while in the
discharge of his duties; and (4) the writ of
execution was returned unsatisfied.
ƒ The employer’s subsidiary liability arises
when it is proved that the convict committed
the crime while at the service of the employer
and the writ of execution issued against the
accused is returned unsatisfied. On the other
hand, if the convict committed the crime but
NOT while in the service of an employer and
he cannot pay his civil liability, Art. 39 on
subsidiary penalty will apply.
CIVIL LIABILITIES PECUNIARY
LIABILITIES
Includes reparation and Same
indemnification
No restitution as the
Includes restitution (return
liabilities are to paid out of
property taken), nothing to
pay in terms of money the property of the
offender
No fines and costs of Includes fines and costs of
proceedings proceedings
Page 60 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

property may be reimbursed with the price

Chapter Two paid therefor if it be acquired at (a) a public
WHAT CIVIL LIABILITY INCLUDES sale and (b) in good faith.
ƒ Circumstances which bar an action for
recovery: (a) torrens title, (b) when sale is
authorized
ƒ When the liability to return a thing arises from
ART. 104: WHAT IS INCLUDED IN CIVIL a contract, and not from a criminal act, the
court cannot order its return in the criminal
case.
ƒ Restitution may be ordered, even if
NOTE: The first remedy granted by law is restitution
accused is acquitted, provided the offense
of the thing taken away by the offender; if restitution
is proved and it is shown that the thing
cannot be made by the offender or by his heirs, the
belongs to someone else.
law allows the offended party reparation. In either
ƒ When crime is not against property, no
case, indemnity for consequential damages may be
restitution or reparation of the thing can be
required.
done.
ƒ Payment of salary of an employee during the
Restitution – In theft, the culprit is duty bound to
period of suspension cannot, as a general
return the property stolen.
rule, be properly decreed by the court in a
judgment of acquittal. It devolves upon the
Reparation – In case of inability to return the
head of the department concerned to do so.
property stolen, the culprit must pay the value of the
ƒ The court has authority to order the
property stolen.
reinstatement of the accused acquitted of a
In case of physical injuries, the reparation of the
crime punishable by the penalty of perpetual
damage caused would consist in the payment of
or temporary disqualification.
hospital bills and doctor’s fees to the offended party.

Indemnification – the loss of salary or earnings

ART. 106: REPARATION; HOW MADE
NOTES:
ART. 105: RESTITUTION; HOW MADE ƒ The court orders reparation if restitution is
not possible.
ƒ Reparation shall be: the price of the thing,
NOTES:
plus its sentimental value.
ƒ The convict cannot, by way of restitution,
ƒ If there is no evidence as to the value of the
give to the offended party a similar thing of
thing unrecovered, reparation cannot be
the same amount, kind or species and
made.
quality. The very thing should be returned.
ƒ Payment by the insurance company does not
ƒ If the property stolen while in the possession
relieve the offender of his obligation to repair
of the third party suffers deterioration due to
the damage caused.
his fault, the court will assess the amount of
ƒ Damages shall be limited to those caused by
the deterioration and, in addition to the return
the crime.
of the property, the culprit will be ordered to
ƒ The accused is liable for the damages
pay such amount.
caused as a result of the destruction of the
ƒ The owner of theQuickTime™ property and a illegally taken by
TIFF (Uncompressed) decompressor property after the crime was committed,
the offender arecan recover
needed it from whomsoever
to see this picture.
either because it was lost or destroyed by the
is in possession thereof. Thus, even if the
rd accused himself or that by any other person
property stolen was acquired by a 3 person
or as a result of any other cause or causes.
by purchase without knowing that it has been
stolen, such property will be returned to the
owner. ART. 107: INDEMNIFICATION; WHAT IS
ƒ If the thing is acquired by a person knowing INCLUDED
that it was stolen, then he is an accessory
NOTES:
and therefore criminally liable.
ƒ Indemnity refers to crimes against persons
ƒ The third party who acquired the stolen
while reparation to crimes against property.

Page 61 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ƒ Indemnity for medical services still unpaid
may be recovered.
ƒ Contributory negligence on the part of the
offended party reduces the civil liability of the
offender.
ƒ The civil liability may be increased only if it
will not require an aggravation of the decision
in the criminal case on which it is based.
ƒ The amount of damages for death shall be at
least 50,000, even though there may have
been mitigating circumstances.
ƒ In addition:
1. payment for the loss of the earning
capacity of the deceased
2. If the deceased was obliged to give
support, the recipient, who is not an
heir, may demand support from the
defendant.
3. The spouse, illegitimate descendants
and ascendants of the deceased
may demand for moral damages.
Moral damages may be recovered in the
following:
1. physical injuries
2. seduction, abduction, rape
3. adultery, concubinage
4. illegal or arbitrary detention
5. illegal search
6. libel, slander, defamation
7. malicious prosecution
ART. 108: OBLIGATION TO MAKE
RESTORATION, REPARATION FOR DAMAGES,
OR INDEMNIFICATION FOR CONSEQUENTIAL
DAMAGES AND ACTIONS TO DEMAND THE
SAME; UPON WHOM IT DEVOLVES
NOTES:
ƒ The heirs of the person liable has no
obligation if restoration is not possible and
the deceased left no property.
ƒ Civil liability is possible only when the
offender dies after final judgment.
ƒ If the death of the offender took place before
QuickTime™ and a
any final TIFFjudgment of conviction was
(Uncompressed) decompressor
are needed to see this picture.
rendered against him, the action for
restitution must necessarily be dismissed.
ART. 109: SHARE OF EACH PERSON CIVILLY
LIABLE
NOTE: In case of insolvency of the accomplices, the
principal shall be subsidiarily liable for their share of
the indemnity. In case of the insolvency of the
principal, the accomplices shall be subsidiarily liable,
jointly and severally liable, for the indemnity due from
said principal.
ART. 110: SEVERAL AND SUBSIDIARY
LIABILITY OF PRINCIPALS, ACCOMPLICES
AND ACCESSORIES OF A FELONY;
PREFERENCE IN PAYMENT
Each class of principals, accomplices and
accessories is liable solidary for their share and
subsidiarily liable for the share of the other classes.
Preference In Enforcement Of Subsidiary
Liability:
1. against the property of the principal
2. against that of the accomplice
3. against that of the accessories
ART. 111: OBLIGATION TO MAKE
RESTITUTION IN CERTAIN CASES
NOTES:
ƒ This refers to a person who has participated
gratuitously in the proceeds of a felony and
he is bound to make restitution in an amount
equivalent to the extent of such participation.
ƒ The third person must be innocent of the
commission of the crime, otherwise he would
be liable as an accessory and this article will
not apply.
Ex. A stole a ring worth 1k which he gave to B who
accepted it without knowledge that it was stolen. B
sold the ring to C for 500. B is liable to make
restitution up to 500 only.
Chapter Three
EXTINCTION AND SURVIVAL OF CIVIL
LIABILITY
ART. 112: EXTINCTION OF CIVIL LIABILITY
Civil Liability Is Extinguished By:
1. payment or performance
2. loss of the thing due
3. condonation or remission of the debt
4. confusion or merger of the rights of creditor
and debtor
5. compensation
6. novation
Page 62 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 113: OBLIGATION TO SATISFY CIVIL
LIABILITY
NOTES:
ƒ Unless extinguished, civil liability subsists
even if the offender has served sentence
consisting of deprivation of liberty or other
rights or has not served the same, due to
amnesty, pardon, commutation of the
sentence or any other reason.
ƒ Under the law as amended, even if the
subsidiary imprisonment is served for non-
payment of fines, this pecuniary liability of the
defendant is not extinguished.
ƒ While amnesty wipes out all traces and
vestiges of the crime, it does not extinguish
the civil liability of the offender. A pardon shall
in no case exempt the culprit from the
payment of the civil indemnity imposed upon
him by the sentence.
ƒ Probation affects only the criminal aspect of
the crime.
BOOK II
TITLE ONE
CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS
Section 1 – Treason and Espionage
ART 114. TREASON
ELEMENTS:
1. Offender is a Filipino citizen or an alien
QuickTime™ and a
resident; TIFF (Uncompressed) decompressor
are needed to see this picture.
2. There’s a war in and Philippines is
involved; and
3. Offender either –
a. Levies war against the
government; or
b. Adheres to enemies, giving aid or
comfort.
NOTES:
• Treason – breach of allegiance to the
government by a person who owes
allegiance to it.
• Allegiance – obligation of fidelity and
obedience which individuals owe to the
government under which they live or to their
sovereign, in return for protection they
receive
• Treason is a war crime - punished by state
as a measure of self-protection
• Committed in times of war (not peace)
when
- there is actual hostilities
- no need for a declaration of war.
• Mere acceptance of public office and
discharge of official duties under the enemy
do not constitute per se the felony of treason.
But when the position is policy-determining,
the acceptance of public office and the
discharge of official duties constitute treason.
PERSONS LIABLE:
1. Filipino – permanent allegiance; can commit
treason anywhere
2. Alien Residing – temporary allegiance;
commit treason only while residing in
Philippines
NOTES:
• Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2,
RPC)
• Treason by an alien must be committed in
the Philippines. (EO 44).
WAYS TO COMMIT TREASON:
1. Levying war against government - requires:
a. Actual assembling of men
b. Purpose of executing a treasonable
design, by force
2. Adheres to enemies – following must
concur together:
a. Actual adherence
b. Give aid or comfort
NOTES:
• Levying war - must be with intent to
overthrow the government as such, not
merely to repeal a particular statute or to
resist a particular officer.
• Not necessary that those attempting to
overthrow the government by force of arms
Page 63 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
should have the apparent power to
succeed in their design, in whole or in part
• Adherence – intellectually or emotionally
favors the enemy and harbors sympathies or
convictions disloyal to his country’s policy or
interest.
• Aid or Comfort – act w/c strengthens or
tends to strengthen the enemy of the
government in the conduct of war against the
government, or an act w/c weakens or tends
to weaken the power of the government or
the country to resist or to attack the enemies
of the gov’t or country
WAYS TO PROVE:
1. Treason
a. Testimony of at least 2 witnesses
to the same overt act
b. Judicial confession of accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act
NOTES:
• To convict: testimonies must relate to the
same overt act – not two similar acts
• If act is separable – each witness can testify
to parts of it; but the act, as a whole, must be
identifiable as an overt act
• Confession must be in open court
• Reason for 2-witness rule Æ special nature
of the crime requires that the accused be
afforded a special protection not required in
other cases so as to avoid a miscarriage of
justice. Extreme seriousness of the crime,
for which death is one of the penalties
provided by law, and the fact that the crime is
committed in abnormal times, when small
differences may in mortal enmity wipe out all
scruples in sacrificing the truth.
General Notes:
• Inherent circumstances Æ they do not
aggravate the crime QuickTime™ and a
- EvidentTIFFpremeditation
(Uncompressed) decompressor
are needed to see this picture.
- superior strength
- treachery
• Treason is a continuing crime. Even after the
war, offender can still be prosecuted.
• No treason through negligence since it must
be intentional
• No complex crime of treason with murder –
murder is the overt act of aid or comfort
and is therefore inseparable from treason
itself.
• DEFENSE:
- Duress or uncontrollable fear
- Obedience to de facto government
• NOT DEFENSE:
- Suspended allegiance
- Joining the enemy army thus becoming a
citizen of the enemy
ART. 115. CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
ELEMENTS – CONSPIRACY:
1. In time of war;
2. Two or more persons come to an agreement
to -
a. levy war against the government, or
b. adhere to the enemies and to give
them aid or comfort
3. They decide to commit it.
ELEMENTS – PROSOPAL:
1. In time of war
2. A person who has decided to levy war
against the government, or to adhere to the
enemies and to give them aid or comfort
3. Proposes its execution to some other
person/s.
General Notes:
• As a general rule, conspiracy and proposal to
commit a felony is not punishable (ART.8).
Art 115 is an exception as it specifically
penalizes conspiracy and proposal to
commit treason.
• Mere agreement and decision to commit
treason is punishable.
• Two-witness rule – not applicable since this
is a crime separate from treason
• Mere proposal even without acceptance is
punishable, too. If the other accepts, it is
already conspiracy.
• If actual acts of treason are committed after
the conspiracy or proposal, the crime
committed will be treason, and the
conspiracy or proposal is considered as
a means in the commission thereof.
Page 64 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 116. MISPRISION OF TREASON
ELEMENTS:
1. Offender owes allegiance to the government
2. Not a foreigner
3. Has knowledge of any conspiracy (to
commit treason) against the government
4. He conceals or does not disclose the same
to the authorities in w/c he resides.
NOTES:
• Offender is punished as an accessory to the
crime of treason.
• But is actually principal to this crime.
• Crime doesn’t apply if crime of treason is
already committed and it is not reported.
• It is a crime of omission.
• RPC mentions 4 individuals (i.e. governor,
provincial fiscal, mayor or city fiscal), but
what if you report to some other high-ranking
government. official?
Ex: PNP Director? Judge Pimentel says any
governement. official of the DILG is OK..
ART. 117. ESPIONAGE
ESPIONAGE – is the offense of 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 Republic of the Philippines or the advantage of
a foreign nation.
MODES of COMMITTING ESPIONAGE:
1. By entering, without authority, a warship,
fort, or military or naval establishment or
reservation to obtain any information, plan or
other data of confidential nature relative to
the defense of the Philippines.
ELEMENTS: QuickTime™ and a
TIFF (Uncompressed) decompressor
1. That the offender enters a warship,
are needed to see this picture.
fort, naval or military
establishment or reservation;
2. That he has no authority therefore;
and
3. That his purpose is to obtain
information, plans, photographs or
other data of a confidential nature
relative to the defense of the
Philippines.
2. By disclosing to the representative of a
foreign nation the contents of the articles,
data or information referred to in the
preceding paragraph, which he had in his
possession by reason of the public office he
holds.
ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the
articles, data or information referred
to in the first mode of committing
espionage, by reason of the public
office he holds; and
3. That he discloses their contents to
a representative of a foreign
nation.
PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.
NOTES:
• Being a public officer is a requirement in
the second paragraph
• It is aggravating in the first.
General Notes:
• Espionage is the offense of gathering,
transmitting, or losing information respecting
the national defense with the intent or
reason to believe that the information is
to be used to the injury of the Philippines or
the advantage of any foreign nation. It is not
conditioned on citizenship.
• Wiretapping is not espionage if the purpose
is not connected with the defense.
• In the first mode of committing the felony, it
is not necessary that the offender
succeeds in obtaining the information.
TREASON ESPIONAGE
In both – not conditioned by citizenship of offender
Committed in war time War and Peace time
Limited in two ways of Committed in many ways
committing crime:
levying war, and
adhering to the enemy
giving him aid or
comfort
Page 65 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
C.A. NO. 616
An Act to Punish Espionage and Other
Offenses Against National Security
ACTS PUNISHABLE:
1. Unlawfully obtaining or permitting to be
obtained information affecting national
defense;
2. Unlawful disclosing of information affecting
national defense;
3. Disloyal acts or words in time of peace (i.e.
causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
member of the military, naval, or air forces of
the Philippines);
4. Disloyal acts in time of war;
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the
law (i.e. the offender harbors a person whom
he knows as someone who committed or is
about to commit a violation of this Act); and
7. Photographing from aircraft of vital military
information.
Section Two – Provoking War & Disloyalty in
Case of War
ART. 118. INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
ELEMENTS:
1. Offender performs unlawful or
unauthorized acts;
2. Such acts provoke or give occasion for a
war involving or liable to involve the
Philippines or expose Filipino citizens to
reprisals on their persons or property;
NOTES:
QuickTime™ and a
• Crime is TIFF
committed
(Uncompressed)indecompressor
time of peace.
are needed to see this picture.
• Intent of the offender is immaterial.
• In inciting to war, the offender is any
person. If the offender is a public officer,
the penalty is higher.
• Reprisals are not limited to military
action, it could be economic reprisals, or
denial of entry into their country.
• Example: X burns Chinese flag. If China
bans the entry of Filipinos into China, that
is reprisal.
ART. 119. VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is
not involved;
2. That there is a regulation issued by
competent authority for the purpose of
enforcing neutrality; and
3. That the offender violates such regulation.
NOTES:
• This crime is committed only in time of
war.
• Neutrality of the Philippines that was
violated.
• There has to be a regulation issued by
competent authority for enforcement of
neutrality – offender violated it
• Being a public officer or employee has
higher penalty
ART. 120. CORRESPONDECE WITH HOSTILE
COUNTRY
ELEMENTS:
1. There’s a war in and Philippines is
involved;
2. That the offender makes correspondence
with an enemy country or territory
occupied by enemy troops;
3. That the correspondence is either –
a. prohibited by the government, or
b. carried on in ciphers or
conventional signs, or
c. containing notice or information
which might be useful to the
enemy.
QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the
enemy.
2. Offender intended to aid the enemy.
NOTES:
• Circumstances qualifying the offense:
1. notice or information might be useful
to the enemy
2. offender intended to aid the enemy
• A hostile country exists only during
hostilities or after the declaration of war.
• Correspondence to enemy country is
correspondence to officials of enemy
country even if said official is related to
the offender.
Page 66 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• It is not correspondence with private
individual in enemy country.
• If ciphers were used, no need for
prohibition of the government.
• If ciphers were not used, there is a need
for prohibition of the government.
• It is immaterial if correspondence
contains innocent matters. If prohibited,
correspondence is punishable.
ART. 121. FLIGHT TO ENEMY’S COUNTRY
ELEMENTS:
1. There’s a war and Philippines is involved;
2. Offender owes allegiance to the
government;
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.
PERSONS LIABLE:
1. Filipino citizen
2. Alien residing in the Philippines
NOTES:
• Mere attempt consummates the crime.
• There must be a prohibition. If there is
none, even if one went to enemy country,
there is no crime.
• An alien resident may be held guilty for
this crime because an alien owes
allegiance to the Philippine government
albeit temporary.
Section Three – Piracy & Mutiny on The High
Seas
ART. 122. PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS
PIRACY – MODESTIFFTO
QuickTime™ and a
COMMIT:
(Uncompressed) decompressor
are needed to see this picture.
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD 532);
2. By seizing the whole or part of the cargo of
said vessels, its equipment or personal
belongings of its complement or passengers,
the offenders being strangers to the
vessels.
PIRACY – it is 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 – the unlawful resistance to a superior, or
the raising of commotions and disturbances on
board a ship against the authority of its
commander.
ELEMENTS of PIRACY:
1. A vessel is on the high seas or Philippine
waters;
2. Offenders – not members of its complement
nor passengers of the vessel; and
3. That the offenders –
a. attack or seize vessel (if committed by
crew or passengers, the crime is not
piracy but robbery in the high seas), or
b. seize whole or part of vessel’s cargo,
equipment or personal belongings
of its complement or passengers.
NOTES:
• High seas - any waters on the sea coast
which are without the boundaries of the low
water mark although such waters may be in
the jurisdictional limits of a foreign
government; parts of the sea that are not
included in the exclusive economic zone, in
the territorial seas, or in the internal waters of
a state, or in the archipelagic waters of an
archipelagic state (United Nations
Convention on the Law of the Sea).
• Philippine waters – all bodies of water, such
as but not limited to seas, gulfs, bays, around,
between and connecting each of the islands of
the Philippine Archipelago, irrespective of its
depth, breath, length or dimension, and all
waters belonging to the Philippines by historic
or legal title, including territorial sea, the sea-
bed, the insular shelves, and other submarine
areas over which the Philippines has
sovereignty and jurisdiction. (Sec. 2, P.D. No.
532)
• Now, Art. 122, as amended by R.A. 7659
Piracy and Mutiny in Philippine waters is
punishable.
• Before R. A. 7659 amended Art 122, piracy
and mutiny only on the high seas was
punishable. However, the commission of the
acts described in Arts. 122 and 123 in
Philippine waters was under P.D. No. 532.
Page 67 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

• Piracy in high seas – jurisdiction of any court
where offenders are found or arrested.
• Piracy in internal waters – jurisdiction of
Philippine courts.
• For purposes of the Anti-Fencing Law,
piracy is part of robbery and theft.
3. Directly or indirectly abets the commission of
piracy.
NOTE: Under PD 532, piracy may be committed
even by a passenger or member of the
complement of the vessel.

PIRACY MUTINY ART. 123. QUALIFIED PIRACY

Robbery or forcible Unlawful resistance to a
degradation on the superior officer, or the QUALIFYING CIRCUMSTANCES:
high seas, without raising of commotion and 1. Seizure of the vessel by boarding or firing
lawful authority and disturbances on board a upon the same;
done with animo ship against the authority of 2. Abandonment of victims without means of
furandi and in the spirit its commander. saving themselves; or
and intention of 3. Piracy was accompanied by murder,
universal hostility. homicide, physical injuries, or rape.
Intent to gain is an Intent to gain is not an
element. element NOTES:
Attack from outside. Attack from the inside. • Parricide/infanticide should be included
Offenders are (according to Judge Pimentel).
strangers to the vessel. • There is a conflict between this
provision and the provision on rape.
Ex: If rape is committed on someone
PIRACY ROBBERY ON HIGH below 7 yrs. old – penalty is death
SEAS under the new rape law. But if rape
The offender is an The offender is a member committed on someone below 7
outsider. of the complement or a during the time of piracy – reclusion
passenger of the vessel. perpetua to death.
In both, there is intent to gain and the manner of • Themurder/rape/homicide/physical
committing the crime is the same. injuries must have been committed on the
passengers or on the complement of the
vessel.
WITHIN PHIL. WATERS • Piracy is a crime not against any particular
state but against all mankind. It may be
punished in the competent tribunal of any
Art. 122, RPC PD 532, Anti-Piracy country where the offender may be found
or into which he may be carried.
Offender is an outsider Offender is crew or • QUALIFIED PIRACY – a SPECIAL
passenger COMPLEX CRIME punishable by reclusión
perpetua to death, regardless of the
number of victims.

PD 532 (ANTI-PIRACYQuickTime™
AND ANTI-HIGHWAY
and a
TIFF (Uncompressed) decompressor
ROBBERY are needed to seeOF
LAW 1974)
this picture. R. A. NO. 6235
Anti-Hijacking Law

VESSEL – any vessel or watercraft used for (a)

transport of passengers and cargo or (b) for fishing.
AIDING OR ABETTING PIRACY REQUISITES:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such
pirates, or in any manner derives any benefit;
ACTS PUNISHABLE:
1. By compelling a change in the course or
destination of an aircraft of Philippine
registry, or seizing or usurping the control
thereof while it is in flight;

Page 68 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. By compelling an aircraft of foreign
registry to land in Philippine territory or
seizing or usurping the control thereof
while it is in the said territory; and
3. By shipping, loading, or carrying in any
passenger aircraft operating as a public utility
w/in the Philippines, any explosive,
flammable, corrosive or poisonous
substance or material.
IN FLIGHT – From the moment all exterior doors
are closed following embarkation until the same
doors are again opened for disembarkation.
NOTES: (Atty. Palacios)
• Where the aircraft is of Philippine registry,
the offense must be committed while in
flight. Hence, the act must take place after
all exterior doors are closed following
embarkation.
• Where the aircraft is of foreign registry,
offense need not take place while in
flight.
QUALIFYING CIRCUMSTANCES (Par 1 & 2):
1. Firing upon the pilot, member of the crew or
passenger of the aircraft;
2. Exploding or attempting to explode any
bomb or explosive to destroy the aircraft; or
3. The crime is accompanied by murder,
homicide, serious physical injuries, or
rape.
NOTES: (Atty. Palacaios)
• For “firing upon” to qualify the offense, the
offender must have actually fired his
weapon. Mere attempt is not enough.
• For “firing upon” to qualify the offense, the
offender need not succeed in hitting the
pilot, crew member or passenger.
TITLE TWO
CRIMES AGAINST THE FUNDAMENTAL LAWS
OF THEQuickTime™
STATE and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
CLASSES OF ARBITRARY DETENTION:
1. By detaining a person without legal
ground
2. Delay in the delivery of detained persons to
the proper judicial authorities
3. Delaying release
ART. 124. ARBITRARY DETENTION
ELEMENTS:
1. That the offender is a public officer or
employee (whose official duties include the
authority to make an arrest and detain
persons);
2. That he detains a person; and
3. That it was without legal grounds.
NOTES:
• Arbitrary detention is the deprivation by a
public officer of the liberty of a person w/o
any legal ground.
• Though the elements specify that the
offender be a public officer or employee,
private individuals who conspire with
public officers can be liable as principals.
• Legal grounds for the detention of any
person:
- commission of a crime
- violent insanity or other ailment
requiring compulsory confinement of
the patient in a hospital
• Grounds for warrantless arrest:
- Crime is about to be, is being, or has
been committed;
- Arresting officer must have personal
knowledge that the person probably
committed the crime; or
- Person to be arrested is an escaped
prisoner.
• Rolito Go v. CA is an example of arbitrary
detention (Judge Pimentel)
• Ramos v. Enrile: Rebels later on retire.
Once you have committed rebellion and
have not been punished or amnestied,
the rebels continue to engage in
rebellion, unless the rebels renounce
their affiliation. Arrest can be made
without a warrant because rebellion is a
continuing crime.
ART. 125. DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER
JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has detained a person for some
legal ground; and
Page 69 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. That he fails to deliver such person to the
proper judicial authority within:
a. 12 hours, detained for crimes
punishable by light penalties, or
equivalent;
b. 18 hours, for crimes punishable by
correctional penalties, or their
equivalent; or
c. 36 hours, for crimes/offenses
punishable by capital punishment or
afflictive penalties, or their
equivalent.
NOTES:
• The felony means delay in filing the
necessary information or charging of
person detained in court which may be
waived if a preliminary investigation is
asked for. This does not contemplate
actual physical delivery.
• The filing of the information in court beyond
the specified periods does not cure
illegality of detention. Neither does it
affect the legality of the confinement under
process issued by the court.
• To prevent committing this felony, officers
usually ask accused to execute a waiver
of Art. 125 which should be under oath
and with assistance of counsel. Such
waiver is not violative of the constitutional
right of the accused.
• Contemplates arrest by virtue of some legal
ground or valid warrantless arrest.
• If arrested by virtue of arrest warrant, person
may be detained until case is decided.
• LENGTH OF WAIVER:
- Light offense – 5 days.
- Serious and less serious offenses – 7 to
10 days. (Judge Pimentel)
- If offender is a private person, the
crime is illegal detention.
ARBITRARY DELAY IN DELIVERY
DETENTION (124) OF DETAINED (125)
QuickTime™ and a
TIFF (Uncompressed) decompressor
Detention is illegal Detention is legal in the
are needed to see this picture.
from the beginning. beginning, but illegality
starts from the
expiration of the
specified periods
without the persons
detained having been
delivered to the proper
judicial authority.
ART. 126: DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That 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;
and
3. That the offender without good reason
delays:
a. the service of the notice of such order
to the prisoner, or
b. the performance of such judicial or
executive order for the release of the
prisoner, or
c. the proceedings upon a petition for
the release of such person.
NOTE:
• Wardens and jailers are the persons most
likely to violate this provision.
ART. 127. EXPULSION
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he expels any person from the
Philippines, or compels a person to change
his residence; and
3. That the offender is not authorized to do so
by law.
ACTS PUNISHABLE:
1. by expelling a person from the Philippines; or
2. by compelling a person to change his
residence
NOTES:
• Acts punishable:
• The crime of expulsion absorbs that of
grave coercion. If done by a private
person, act will amount to grave coercion.
• Crime does not include expulsion of
undesirable aliens, destierro, or when sent to
prison.
• If a Filipino who, after voluntarily leaving the
country, is illegally refused re-entry is
considered a victim of being forced to
change his address.
Page 70 of 174
 Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

• Threat to national security is not a valid

ground to expel or to compel one to ACTS PUNISHABLE:
change his address. 1. procuring a search warrant without just
• The Chief Executive has the power to cause
deport undesirable aliens.
ELEMENTS:
1. That the offender is a public officer or
ART. 128. VIOLATION OF DOMICILE
employee;
ELEMENTS: 2. That he procures a search warrant;
1. That the offender is a public officer or and
employee; 3. That there is no just cause.
2. That he is not authorized by judicial order to
enter the dwelling and/or to make a 2. exceeding his authority by using
search therein for papers or other effects; unnecessary severity in executing a
and search warrant legally procured
3. That he commits any of the following acts:
a. entering any dwelling against the will ELEMENTS:
of the owner thereof; 1. That the offender is a public officer or
b. searching papers or other effects employee;
found therein without the previous 2. That he has legally procured a
consent of such owner; search warrant; and
c. refusing to leave the premises, after 3. That he exceeds his authority or
having surreptitiously entered said uses unnecessary severity in
dwelling and after having been executing the same.
required to leave the same.
NOTES:
SPECIAL AGGRAVATING CIRCUMSTANCES: • Search warrant is valid for 10 days from its
1. nighttime date of issue.
2. papers or effects not constituting evidence of • If there is no just cause, the warrant is
a crime are not returned immediately unjustified.
• The search is limited to what is described
NOTES: in the warrant, all details must be with set
• The judicial order is the search warrant. forth with particularity.
• If the offender who enters the dwelling • Example of a warrant maliciously obtained: X
against the will of the owner thereof is a was a respondent of a search warrant for
private individual, the crime committed is illegal possession of firearms. A return was
trespass to dwelling (Art 280). made. The gun did not belong to X and the
• When a public officer searched a person witness had no personal knowledge that there
“outside his dwelling” without a search is a gun in that place.
warrant and such person is not legally
arrested for an offense, the crime committed • Examples of abuse in service of warrant:
by the public officer is either: 1. X owner was handcuffed while
- grave coercion if violence or search was going-on.
intimidation is used (Art 286), or 2. Tank was used to ram gate prior to
- unjust vexationQuickTime™ifand there
a is no violence announcement that a search will be
or TIFF
intimidation (Art 287).
(Uncompressed) decompressor
are needed to see this picture. made.
• Public officer without a search warrant 3. Persons who were not respondents
cannot lawfully enter the dwelling against the were searched.
will of the owner, even if he knew that • An exception to the necessity of a search
someone in that dwelling is in unlawful warrant is the right of search and seizure as
possession of opium. an incident to a lawful arrest.

ART. 129. SEARCH WARRANTS

MALICIOUSLY OBTAINED, AND ABUSE IN
THE SERVICE OF THOSE LEGALLY
OBTAINED
Page 71 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 130. SEARCHING DOMICILE WITHOUT
WITNESSES
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he is armed with a search warrant
legally procured;
3. That he searches the domicile, papers or
other belongings of any person; and
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present.
NOTES:
• Order of those who must witness the
search:
- Homeowner
- Members of the family of sufficient
age and discretion
- Responsible members of the
community
• Validity of the search warrant can be
questioned only in 2 courts: where issued
or where the case is pending. The latter is
preferred for objective determination.
ART. 131. PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without
legal ground the holding of a peaceful
meeting, or dissolving the same
(e.g. denial of permit in arbitrary
manner).
b. hindering any person from joining
any lawful association or from
attending any of its meetings
c. prohibiting or hindering any person
QuickTime™ and a
fromTIFFare(Uncompressed)
addressing, either alone or
decompressor
needed to see this picture.
together with others, any petition to
the authorities for the correction of
abuses or redress of grievances.
NOTES:
• If the offender is a private individual, the
crime is disturbance of public order
(Art 153).
• Meeting must be peaceful and there is no
legal ground for prohibiting, dissolving or
interrupting that meeting.
• Offender must be a stranger, not a
participant, in the peaceful meeting;
otherwise, the offense is unjust
vexation.
• Interrupting and dissolving a meeting of the
municipal council by a public officer is a
crime against the legislative body and
not punishable under this article.
• The person talking on a prohibited subject at
a public meeting contrary to agreement
that no speaker should touch on politics
may be stopped.
• But stopping the speaker who was attacking
certain churches in public meeting is a
violation of this article.
• Those holding peaceful meetings must
comply with local ordinances. Example:
Ordinance requires permits for meetings
in public places. But if a police stops a
meeting in a private place because
there’s no permit, officer is liable for
stopping the meeting.
ART. 132. INTERRUPTION OF RELIGIOUS
ELEMENTS:
1. That the officer is a public officer or
employee;
2. That religious ceremonies or
manifestations of any religion are about to
take place or are going on; and
3. That the offender prevents or disturbs the
same.
NOTES:
Qualifying circumstances:
1. violence; or
2. threats.
• Reading of Bible and then attacking certain
churches in a public plaza is not a
ceremony or manifestation of religion, but
only a meeting of a religious sect. But if
done in a private home, it’s a religious
service.
• Religious Worship includes people in the act
of performing religious rites for a religious
ceremony or a manifestation of religion.
Examples: Mass, baptism, marriage
Page 72 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

• X, a private person, boxed a priest while the (132) ntal law religious =
priest was giving homily and maligning a of the tumult or
relative of X. Is X liable? X may be liable state alarms
under Art 133 (Offending religious feelings) If not
because X is a private person. notoriously
offensive =
unjust
ART. 133. OFFENDING RELIGIOUS FEELINGS vexation
Offending Crime Public If not tumults
ELEMENTS: the against officers, = alarms
1. Acts complained of were performed – Religious public private and scandal
a. in a place devoted to religious Feeling order persons, If meeting
feelings, or (133) outsiders illegal at
b. during the celebration of any onset =
religious ceremony inciting to
2. Acts must be notoriously offensive to the sedition or
feelings of the faithful; rebellion
3. Offender is any person; and
4. There’s a deliberate intent to hurt the
feelings of the faithful, directed against
religious tenet.
TITLE THREE
NOTES: CRIMES AGAINST PUBLIC ORDER
• If in a place devoted to religious purpose,
there is no need for an ongoing
religious ceremony.
• Example of religious ceremony (acts
POLITICAL CRIMES – are those directly aimed
performed outside the church):
against the political order, as well as such common
Processions and special prayers for
crimes as may be committed to achieve a political
burying dead persons but NOT prayer
purpose. The decisive factor is the intent or motive.
rallies.
• Acts must be directed against religious
practice or dogma or ritual for the
purpose of ridicule, as mocking or ART. 134. REBELLION OR INSURRECTION
scoffing or attempting to damage an
object of religious veneration.
ELEMENTS:
• There must be deliberate intent to hurt the 1. That there be a public armed uprising; and
feelings of the faithful, mere arrogance 2. That the purpose of the uprising or
or rudeness is not enough. movement is either:
a. to remove from the allegiance to
CRIME NATURE WHO IF ELEMENT said government or its laws the
OF ARE MISSING territory of the Philippines or any part
CRIME LIABLE thereof or any body of land, naval or
Prohibition, Crime Public If not by other armed forces, or
Interruption against officers,
QuickTime™ and a
TIFF (Uncompressed) decompressor
public officer b. to deprive the chief executive or
and the are needed toOutsiders
see this picture. = congress, wholly or partially, of any
Dissolution fundame Tumults of their powers or prerogatives.
of ntal law
Peaceful of the PERSONS LIABLE:
Meeting state 1. Any person who: (a) promotes, (b) maintains,
(131) or (c) heads a rebellion or insurrection
Interruption Crime Public If by insider = (leader);
of against officers, unjust 2. Any person merely participating or
Religious the Outsiders vexation executing the command of others in
Worship fundame If not rebellion (participant); and

Page 73 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (person deemed leader when leader
is unknown)
NOTES:
• Rebellion is the term used where the object
of the movement is completely to
overthrow and supersede the existing
government.
• Insurrection refers to a movement which
seeks merely to effect some change of
minor importance to prevent the exercise
of governmental authority w/ respect to
particular matters or subjects.
• Purpose of the uprising must be shown
but it is not necessary that it be
accomplished.
• If there is no public uprising, the crime is
direct assault.
• Mere giving of aid or comfort is not
criminal in the case of rebellion. There
must be ACTUAL participation.
• people vs. Hernandez ruling: rebellion
cannot be complexed with ordinary
crimes done pursuant to it
• people vs. Geronimo ruling: crimes done
for private purposes without political
motivation should be separately
punished
• Enrile vs. Salazar ruling: upheld
Hernandez
• Thus: Rebellion absorbs other crimes
committed in furtherance of rebellion.
Illegal possession of firearms in
furtherance of rebellion is absorbed by
the crime of rebellion. A private crime
may be committed during rebellion.
Rape, even if not in furtherance of
rebellion cannot be complexed with
rebellion.
• Rebellion is a continuing crime along with
the crime of QuickTime™
conspiracy and a or proposal to
TIFF (Uncompressed) decompressor
commit rebellion.
are needed to see this picture.
• If killing or robbing were done for private
purposes or for profit, without any
political motivation, the crime would
• be separately be punished and would not
be embraced by rebellion (People v.
Fernando).
• If the leader is unknown, a person is
deemed a leader of rebellion if he: a.
directed the others, b. spoke for them,
c. signed receipts and other documents
issued in their name, and d. performed
similar acts on behalf of the rebels.
• Diverting public funds is malversation
absorbed in rebellion.
• Public officer must take active part, because
mere silence or omission is not
punishable as rebellion.
• In rebellion, it is not a defense that the
accused never took the oath of
allegiance, or that they never recognized
the government.
ART. 134 – A. COUP D’ ETAT
ELEMENTS:
1. Offender is a person or persons belonging to
the military, or police or holding any public
office or employment,
2. Committed by means of swift attack,
accompanied by violence, intimidation,
threat, strategy or stealth;
3. Directed against:
a. duly constituted authorities of the
Philippines
b. any military camp or installation
c. communication networks, public
utilities or other facilities needed for
the exercise and continued
possession of power
4. For the purpose of seizing or diminishing
state power.
PERSONS LIABLE:
1. Any person who leads or in any manner
directs or commands others to undertake
coup d’etat (leaders);
2. Any person in the government service who
participates or executes directions or
commands of others in undertaking coup
d’etat (participants from government);
3. Any person not in the government service
who participates, or in any manner, supports,
finances, abets, or aids in undertaking a coup
d’etat (participants not from government);
and
4. Any person who in fact directed the others,
spoke for them, signed receipts and other
documents issued in their name, or
performed similar acts, on behalf of the
rebels (deemed leader if leader is unknown)
Page 74 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

TREASON (114) REBELLION (134) COUP D’ETAT (134-A) SEDITION (139)

National Security Public Order Public Order Public Order

Nature of
Crime

Levying war against the Public uprising Attack against authorities, Rising publicly
Overt acts gov’t; AND military camp, networks or and tumultuously
OR Taking up arms against public utilities, or other facilities (more
Adherence and giving the gov’t for power than 3 men who are armed or
aid or comfort to provided with
enemies means of violence)

Purpose Deliver the gov’t to the Removing territory , or Seizing or diminishing state See enumeration in article.
enemy during war body of armed forces, or power.
depriving the Chief
Executive or Legislature

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 75 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 135. PENALTY FOR REBELLION,
INSURRECTION OR COUP D’ ETAT
WHO ARE LIABLE AND PENALTIES:
REBELLION:
1. Leaders – reclusion perpetua
2. Participants – reclusion temporal
3. Deemed leader – reclusion perpetua
COUP D’ETAT:
1. Leaders – reclusion perpetua
2. Participants (gov’t) – reclusion temporal
3. Participants (not gov’t) – prision mayor
4. Deemed leader – reclusion perpetua
ART. 136. CONSPIRACY AND PROPOSAL TO
COMMIT COUP D’ ETAT, REBELLION OR
INSURRECTION
ELEMENTS OF CONSPIRACY:
1. Two or more persons come to an agreement
to rise publicly and take arms against the
government;
2. For any of the purposes of rebellion; and
3. They decide to commit it.
ELEMENTS OF PROPOSAL:
1. A person who has decided to rise publicly
and take arms against the government;
2. For any of the purposes of rebellion; and
3. Proposes its execution to some other
person/s.
PROPOSAL TO INCITING TO
COMMIT REBELLION
REBELLION
In both, the offender induces another to
commit rebellion
In both, the crime of rebellion should not be
committed by the persons to whom it is
proposed or who are incited.
If they commit rebellion because of the
QuickTime™ and a
proposal or inciting, the proponent
TIFF (Uncompressed) decompressor
are needed to see this picture.
inciting may become a principal by inducement
in the crime of rebellion.
The person who It is not required that
proposes has decided the offender
to commit rebellion. decided
rebellion.
The person who The act of inciting is
proposes the done publicly.
execution of the crime
uses secret means.
NOTES:
• Organizing a group of soldiers, soliciting
membership in, and soliciting funds for the
organization show conspiracy to overthrow
the government.
• The mere fact of giving and rendering
speeches favoring Communism would not
make the accused guilty of conspiracy if
there is no evidence that the hearers then
and there agreed to rise up in arms
against the government.
• The advocacy of Communism or
Communistic theory is not a criminal act
of conspiracy unless converted into
advocacy of action.
• Only when the Communist advocates action and
actual uprising, war or otherwise, does he
become guilty of conspiracy to commit
rebellion. (People vs. Hernandez
ART. 137. DISLOYALTY OF PUBLIC
OFFICERS OR EMPLOYEES
ACTS PUNISHABLE:
1. Failing to resist rebellion by all the means
in their power; or
2. Continuing to discharge the duties of their
offices under the control of rebels; or
3. Accepting appointment to office under
rebels.
NOTES:
• There must be actual rebellion for this crime
to be committed.
• It must not be committed in conspiracy
with rebels or coup plotters for this crime
to be committed.
• If position is accepted in order to protect the
people, not covered by this article.
ART. 138. INCITING TO REBELLION OR
or the one INSURRECTION
ELEMENTS:
1. That the offender does not take arms or is
has not in open hostility against the government;
to commit 2. That he incites others to the execution of any
of the acts of rebellion; and
3. That the inciting is done by means of
speeches, proclamations, writings, emblems,
banners or other representations tending to
the same end.
Page 76 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTES: province, or the national government

• Inciting must have been intentionally of all its property or any part thereof.
calculated to seduce others to rebellion.
• In both proposal to commit rebellion and in NOTES:
inciting to rebellion, rebellion should • Sedition is the raising of commotions or
not actually be committed by the disturbances in the State. Its ultimate
persons to whom it was proposed, or who object is a violation of the public peace or
were incited. If they commit rebellion at least such a course of measures as
because of the proposal or incitement, the evidently engenders it. (People vs.
proponent, or the one inciting may Perez)
become a principal by inducement in • Tumultuous uprising means that it is
the crime of rebellion. caused by more than 3 persons who
are armed or provided w/ means of
PROPOSAL TO INCITING TO violence.
COMMIT REBELLION REBELLION (138) • In sedition, offender may be a private or
(136) public person.
The person who Not required that • Common crimes are not absorbed in
proposes has decided to the offender has sedition. (People v. Umali)
commit rebellion. decided to commit • Preventing election through legal means is
rebellion. NOT sedition.
The person who The inciting is done • If the purpose of the offenders is to attain
proposes the execution publicly. the objects of rebellion or sedition by
of the crime uses secret force or violence, but there is no
means. public uprising, the crime committed is
direct assault.
• There is conspiracy to commit sedition (Art.
ART. 139. SEDITION 141) but no proposal to commit sedition.

ART. 140. PENALTY FOR SEDITION

ELEMENTS:
1. That the offenders rise –
a. Publicly; and
b. Tumultuously; PERSONS LIABLE:
2. That they employ force, intimidation, or other 1. leader of the sedition, and
means outside of legal methods; and 2. other persons participating in the sedition.
3. That the offenders employ any of those
means to attain any of the following objects: ART. 141. CONSPIRACY TO COMMIT
a. to prevent the promulgation or SEDITION
execution of any law or the holding of
any popular election; NOTE: There must be an agreement and a decision
b. to prevent the national government, or to rise publicly and tumultuously to attain any of the
any provincial or municipal objects of sedition in order to constitute crime of
government, or any public officer conspiracy to commit sedition.
thereof from freely exercising its or his
functions, QuickTime™
or prevent and a the execution of
anyTIFF (Uncompressed) decompressor
administrative order;
are needed to see this picture. ART. 142. INCITING TO SEDITION
c. to inflict any act of hate or revenge
upon the person or property of any ACTS PUNISHABLE:
public officer or employee; 1. Inciting others to the accomplishment of any
d. to commit for any political or social of the acts which constitute sedition by
end, any act of hate or revenge means of speeches, proclamations,
against private persons or any social writings, emblems etc.
class; or 2. Uttering seditious words or speeches which
e. to despoil, for any political or social tend to disturb the public peace;
end, any person, municipality or

Page 77 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. Writing, publishing, or circulating scurrilous
[vulgar, mean, libelous] libels against the
government or any of the duly constituted
authorities thereof, which tend to disturb
the public peace; or
4. Knowingly concealing such evil practices.
ELEMENTS of ACT 1:
1. That the offender does not take a direct part
in the crime of sedition;
2. That he incites others to the accomplishment
of any of the acts which constitute sedition;
and
3. That the inciting is done by means of
speeches, proclamations, writing, emblems,
cartoons, banners, or other representations
tending to the same end.
UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any
public officer in executing the functions of his
office; or
2. when they tend to instigate others to cabal
and meet together for unlawful purposes; or
3. when they suggest or incite rebellious
conspiracies or riots; or
4. when 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.
3 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule
2. Clear and Present Danger rule
3. Balance of Interests rule
Chapter Two - CRIMES AGAINST
POPULAR REPRESENTATION
ART. 143. ACTS TENDING TO PREVENT THE
QuickTime™ and a
MEETING OF THE ASSEMBLY
TIFF (Uncompressed) AND SIMILAR
decompressor
are needed to see this picture.
BODIES
ELEMENTS:
1. A projected or actual 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; and
2. That the offender who may be any person
prevents such meeting by force or fraud.
NOTE: Chief of Police and mayor who prevented the
meeting of the municipal council are liable under Art.
143, when the defect of the meeting is not manifest
and requires an investigation before its existence can
be determined.
ART. 144. DISTURBANCE OF
PROCEEDINGS
ELEMENTS:
1. An actual meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal
council or board; and
2. That 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.
NOTE: Complaint must be filed by member of the
Legislative body. Accused may also be punished for
contempt by the legislative body.
ARTICLE 145. VIOLATION OF
PARLIAMENTARY IMMUNITY.
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or
fraud to prevent any member of Congress
from attending the meeting of the assembly
or any of its committees, constitutional
commissions or committees or divisions
thereof, or from expressing his opinions or
casting his vote.
ELEMENTS:
1. Offender uses force, intimidation,
threat or fraud
2. Purpose is to prevent any member of
Congress from:
a. Attending the said meetings;
b. Expressing his opinions; or
c. Casting his vote.
2. By arresting or searching any member
thereof while Congress is in a regular or
special session, except in case such
member has committed a crime punishable
Page 78 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
under the code by a penalty higher than
prision mayor.
ELEMENTS:
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. member arrested o searched hasn’t
committed a crime by a penalty
prision mayor or higher.
NOTES:
• Parliamentary immunity does not mean
exemption from criminal liability, except
from a crime that may arise from any speech
that the member of Congress may deliver on
the floor during regular or special session.
• To be consistent with the 1987 Constitution,
the phrase “by a penalty higher than prision
mayor” in Art. 145 should be amended to
read “by the penalty of prision mayor or
higher.”
Chapter Three - ILLEGAL ASSEMBLIES
AND ASSOCIATIONS
ART. 146. ILLEGAL ASSEMBLIES
2 TYPES OF ILLEGAL ASSEMBLIES:
1. Meeting attended by armed persons for the
purpose of committing any of the crimes
punishable under the Revised Penal Code;
REQUISITES:
1. There’s a meeting – gather or group
of persons whether fixed or moving;
2. Meeting is attended by armed
QuickTime™ and a
persons; and decompressor
TIFF (Uncompressed)
are needed to see this picture.
3. The purpose of meeting is to commit
any of the crimes punishable under
RPC
2. A meeting in w/c the audience is incited to
the commission of the crimes of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or his
agent.
REQUISITES:
1. There’s a meeting – gather or group
of persons whether fixed or moving;
2. Audience whether armed or not is
incited to the commission of the
crime of treason, rebellion or
insurrection, sedition or direct
assault.
WHEN A PERSON CARRIES UNLICENSED
FIREARM IN THE 1st ASSEMBLY:
1. Presumed that the purpose of meeting is to
commit any crime under RPC
2. Presumed that the one in possession of
unlicensed firearm is the leader or organizer
of the meeting
NOTES:
• Not all the persons present at the meeting of
the first form of illegal assembly need to be
armed.
• Persons liable for illegal assembly:
• the organizers or leaders of the meeting
• persons merely present at the meeting
(except when presence is out of curiosity –
not liable)
• Presumptions if person present at the meeting
carries an unlicensed firearm:
• purpose of the meeting is to commit acts
punishable under the RPC
• considered as leader or organizer of the
meeting
ARTICLE 147. ILLEGAL ASSOCIATIONS
2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for
the purpose of committing any of the
crimes in RPC; or
2. For some purpose contrary to public
morals.
PERSONS LIABLE:
1. founders, directors and president of the
association; and
2. mere members of the association
ILLEGAL ASSEMBLY ILLEGAL
(146) ASSOCIATION (147)
Must be an actual meeting No need for such
of armed persons to commit
any of the crimes punishable
Page 79 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

under the RPC, or of 2. Person assaulted is a person in

individuals who, although not authority or his agent;
armed, are incited to the 3. At the time of the assault the
commission of treason, person in authority or his agent
rebellion, sedition or assault a. is engaged in the actual
upon a person in authority of performance of official duties
his agent. (motive is not essential); or
b. is assaulted by reason of the
It is the meeting and the Act of forming or past performance of official
attendance at such that are organizing and duties (motive is essential);
punished membership in the 4. That the offender knows that the
association is one he is assaulting is a person in
punished authority or his agent (with intention
to offend, injure or assault); and
5. No public uprising.
Persons liable: leaders and Founders,
those present directors, president FORCE INTIMIDATION/
and members EMPLOYED RESISTANCE
Person in Need not be Serious
Authority serious
Chapter Four - ASSAULT, RESISTANCE
AND DISOBEDIENCE Agent Must be of Serious
serious
character

ART. 148. DIRECT ASSAULT NOTES:

General Rule: Direct assault is always complexed
2 WAYS TO COMMIT DIRECT ASSAULT: with the material consequence of the act (Ex. direct
1. Without public uprising, by employing force assault with murder).
or intimidation for attainment of any of the Exception: If resulting in a light felony, the
purposes enumerated in defining the crimes consequent crime is absorbed.
of rebellion and sedition (first form)
• The force employed need not be serious
ELEMENTS: when the offended party is a person in
1. Offender employs force or authority (Ex. Laying of hands).
intimidation; • The intimidation or resistance must be
2. Aim of offender is to attain any of the serious whether the offended party is an
purposes of the crime of rebellion agent only or a person in authority (Ex.
and sedition; and Pointing a gun).
3. That there is no public uprising. • A person in authority is any person directly
vested with jurisdiction (power or authority
2. Without public uprising, by attacking, by to govern and execute the laws) whether as
employing force or by seriously an individual or as a member of some court
intimidating or by seriously resisting any or governmental corporation, board, or
QuickTime™ and a
person in authority o any
TIFF (Uncompressed) of his agents, while
decompressor commission. Examples: A barangay captain,
are needed to see this picture.
engaged in the performance of official duties, a Division Superintendent of Schools,
or on the occasion of such performance. President of Sanitary Division and a teacher.
(second form). • An agent is one who, by direct provision of
law or by election or by appointment by
ELEMENTS: competent authority, is charged with the
1. Offender (a) makes an attack, (b) maintenance of public order and the
employs force, (c) makes a serious protection and security of life and
intimidation, or (d) makes a serious property. Examples: Barrio councilman and
resistance; any person who comes to the aid of the
person in authority, policeman, municipal

Page 80 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
treasurer, postmaster, sheriff, agents of the
BIR, Malacañang confidential agent.
• Even when the person in authority or the
agent agrees to fight, direct assault is still
committed.
• When the person in authority or the agent
provoked/attacked first, innocent party is
entitled to defend himself and cannot be held
liable for assault or resistance nor for
physical injuries, because he acts in
legitimate self-defense.
• There can be no assault upon or
disobedience to one’s authority by another
when they both contend that they were in
the exercise of their respective duties.
• When assault is made by reason of the
performance of his duty there is no need for
actual performance of his official duty when
attacked.
• Direct assault cannot be committed during
rebellion.
• Direct assault may be committed upon a
private person who comes to the aid of a
person in authority since he is then
considered an agent of a person in authority.
QUALIFYING CIRCUMSTANCES:
1. when the assault is committed with a
weapon;
2. when the offender is a public officer or
employee; or
3. when the offender lays hand upon a person
in authority
ARTICLE 149. INDIRECT ASSAULT
ELEMENTS:
1. The direct assault is committed against an
agent of a person in authority;
2. That the offended party comes to the aid of
such agent of a person in authority; and
3. That the offender makes use of force or
intimidation upon the said offended party.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
NOTES:
• Indirect assault can be committed only
when a direct assault is also being
committed.
• To be indirect assault, the person who
should be aided is the agent and not
the person in authority. In the latter
case, it is already direct assault.
According to Art 152: The person
coming to the aid of the person in
authority is considered an agent and an
attack on the latter is already direct
assault.
ARTICLE 150. DISOBEDIENCE TO SUMMONS
ISSUED BY THE NATIONAL ASSEMBLY, ITS
COMMITTEES OR SUBCOMMITTEES, BY THE
CONSTITUTIONAL COMMISSIONS, ITS
COMMITTEES, SUBCOMMITTEES OR
DIVISIONS
ACTS PUNISHABLE:
1. Disobedience w/o legal excuse to
summons issued by the Congress or any of
its committees or subcommittees;
2. Refusal of any person present before a
legislative or constitutional body or official to:
(a) to be sworn or placed under affirmation;
(b) to answer any legal inquiry; or (3) to
produce books, documents, records etc.
when required to do so by the said bodies in
the exercise of their functions;
3. Restraining another from attending as
witness in such body; or
4. Inducing disobedience to a summons or
refusal to be sworn.
ARTICLE 151. RESISTANCE AND
DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENTS OF SUCH PERSON
ELEMENTS – RESISTANCE & SERIOUS
DISOBEDIENCE (par. 1):
1. That a person in authority or his agent is
engaged in the performance of official duty or
gives a lawful order to the offender;
2. That the offender resists or seriously
disobeys such person in authority or his
agent; and
3. That the act of the offender is not included in
the provisions of arts. 148, 149 and 150.
ELEMENTS – SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in authority is
engaged in the performance of official duty
gives a lawful order to the offender;
2. That the offender disobeys such agent of a
person in authority; and
3. That such disobedience is not of a serious
nature.
Page 81 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

NOTES: d. Lawyers in the actual performance of their

• While being arrested and there’s serious professional duties or on the occasion of such
resistance, person resisting must know that performance
the one arresting him is an officer
• Picketing (economic coercion) must be lawful AGENT OF PERSON IN AUTHORITY –any person
otherwise police can disperse them who, by direct provision of law or by election or by
• Disobedience in 2nd par. must not be serious. appointment by competent authority, is charged with
Otherwise it will fall under the 1st par. the maintenance of public order and the protection
• Resistance mustn’t be serious otherwise it’s and security of life and property. They include:
direct assault. a. Barrio councilman
b. Barrio policeman
c. Barangay leader
DIRECT ASSAULT RESISTANCE & d. Any person who comes to the aid of persons
(148) DISOBEDIENCE TO A in authority
PERSON IN AUTHORITY Notes:
(PIA) OR AGENTS OF • Section 388 of the Local Gov’t. Code
SUCH PERSON (151) provides that for purposes of the RPC, the
PIA or his agent PIA or his agent must be punong barangay, sangguniang
must be engaged in in the barangay members and members of
the performance of actual performance the lupong tagapamayapa in each
official duties or that of his duties. barangay shall be deemed as persons in
he is assaulted by authority in their jurisdictions.
reason thereof • Other barangay officials and members who
Direct assault is Committed by resisting or may be designated by law or ordinance
committed in 4 seriously disobeying and charged with the maintenance of
ways – by attacking, a PIA or his agent. public order, protection and the security of
employing force, life, property, or the maintenance of a
seriously desirable and balanced environment, and
intimidating, and any barangay member who comes to the
seriously resisting a aid of persons in authority shall be
PIA or his agent. deemed agent of persons in authority.
Use of force against Simple disobedience – • It seems that teachers, professors, lawyers
an agent of PIA must force against an agent of etc could be considered as persons in
be serious and a PIA is not so serious; authority not only for Arts. 148 and 151
deliberate. No manifest intention to but also for Art 149 (L.B. Reyes)
defy the law & officers
enforcing it.
Chapter Five - PUBLIC DISORDERS
ARTICLE 152. PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY – WHO
SHALL BE DEEMED AS SUCH
ARTICLE 153. TUMULTS AND OTHER
PERSON IN AUTHORITY –any person directly DISTURBANCES OF PUBLIC ORDER –
vested with jurisdiction, whether
QuickTime™ and a
as an individual or TUMULTUOUS DISTURBANCE OR
as a member ofTIFFaresome court
(Uncompressed) or governmental
decompressor
needed to see this picture.
INTERRUPTION LIABLE TO CAUSE
corporation, board or commission. They include: DISTURBANCE
a. Barangay captain
b. Barangay chairman
TUMULTS AND OTHER DISTURBANCES:
For the purposes of Art. 148 and 151: 1. Causing any serious disturbance in a
a. Teachers public place, office or establishment;
b. Professors 2. Interrupting or disturbing public
c. Persons charged with the supervision of performances, functions, gatherings or
public or duly recognized private schools, peaceful meetings, if the act is not included
colleges and universities

Page 82 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
in Art 131 and 132 (Public Officers
interrupting peaceful meetings or religious
worship);
3. Making any outcry tending to incite
rebellion or sedition in any meeting,
association or public place;
4. Displaying placards or emblems which
provoke a disturbance of public order in
such place;
5. Burying with pomp the body of a person
who has been legally executed.
TUMULTUOUS - caused by more than 3
persons who are armed or provided with
means of violence.
NOTES:
• If the act of disturbing or interrupting a
meeting or religious ceremony is not
committed by public officers, or if
committed by public officers who are
participants therein, this article applies. Art
131 and 132 punishes the same acts if
committed by public officers who are not
participants in the meeting.
• The outcry is merely a public disorder if it
is an unconscious outburst which,
although rebellious or seditious in nature, is
not intentionally calculated to induce
others to commit rebellion or sedition,
otherwise, it is inciting to rebellion or
sedition.
• Qualifying circumstance – if it is
TUMULTUOUS
ARTICLE 154. UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL
UTTERANCES
ACTS PUNISHABLE:
ƒ Publishing or causing to be published, by
means of printing, lithography or any other
means of publication as news any false
QuickTime™ and a
news that TIFF
may endanger
(Uncompressed) the public order,
decompressor
are needed to see this picture.
or cause damage to the interest or credit
of the State.
1. Encouraging disobedience to the law or to
the constituted authorities or by praising,
justifying or extolling any act punished by
law, by the same means or by words,
utterances or speeches.
2. Maliciously publishing or causing to be
published any official resolution or
document without proper authority, or
before they have been published
officially.
3. Printing, publishing or distributing or
(causing the same) books, pamphlets,
periodicals or leaflets which do not bear the
real printer’s name, or which are
classified as anonymous.
ARTICLE 155. ALARMS AND SCANDALS
ACTS PUNISHABLE:
1. Discharging any firearm, rocket, firecracker,
or other explosive within any town or
public place, calculated to cause alarm or
danger.
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to public
tranquility.
3. Disturbing the public peace while
wandering about at night or while engaged
in any other nocturnal amusement.
4. Causing any disturbance or scandal in
public places while intoxicated or otherwise,
provided the act is not covered by Art 153
(tumult).
NOTES:
• Charivari is a mock serenade or discordant
noises made with kettles, tin horns etc.,
designed to deride, insult or annoy.
• Firearm must not be pointed at a person,
otherwise, it is illegal discharge of firearm
(Art. 254).
• What governs is the result, not the intent of
the offender.
ARTICLE 156. DELIVERING PRISONERS
ELEMENTS:
1. That there is a person confined in a jail or
penal establishment;
2. That the offender removes therefrom such
person, or helps the escape of such person.
NOTES:
• Prisoner may be detention prisoner or one
sentenced by virtue of a final judgment.
• Escapee, if already serving final judgment,
will in turn be held liable for evasion of
sentence (Art. 157).
Page 83 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• If merely detention prisoner he is not
criminally liable.
• The offender is an outsider to the jail. If the
offender is a public officer or a private
person who has custody of the prisoner
and who helps a prisoner under his custody,
Arts. 223 (infidelity in the custody of a
prisoner) and 225 (escape of prisoner under
custody of private person) will apply,
respectively.
• This felony may also be committed through
imprudence or negligence.
• Circumstance qualifying: use of violence,
intimidation or bribery.
• Mitigating circumstance: if it takes place
outside the penal establishment by taking
the guards by surprise.
Chapter Six – EVASION OF SENTENCE OR
SERVICE
ART 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS:
1. That the offender is a convict by final
judgment;
2. That he is serving his sentence which
consists in deprivation of liberty (destierro
included); and
3. That he evades the service of his sentence
by escaping during the term of his sentence.
NOTES:
• This is a continuing offense.
• This article does not apply to minor
delinquents, detention prisoners, or
deportees.
• If the offender escaped within the 15-day
appeal period, crime is not evasion
because judgment is not yet final.
• Circumstances qualifying the offense:
Evasion ofTIFF
sentence was
QuickTime™ and a
(Uncompressed) done through:
decompressor
• unlawful entry (by “scaling”);
are needed to see this picture.
• breaking doors, windows, gates, walls, roofs or
floors;
• using picklocks, false keys, disguise, deceit,
violence or intimidation; or
• connivance with other convicts or employees of
the penal institution.
ARTICLE 158. EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
ELEMENTS:
1. That the offender is a convict by final
judgment who is confined in a penal
institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not
participated;
3. That 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; and
4. That 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.
NOTES:
• Penalty of commission of this felony is an
increase by 1/5 of the time remaining to
be served under the original sentence, in
no case to exceed 6 months.
• The special allowance for loyalty (i.e.
deduction of sentence) authorized by
nd
Articles 98 and 158(2 paragraph) refers
to those convicts, who having evaded the
service of their sentences by leaving the
penal institution, give themselves up
within 48 hours.
• A mutiny is an organized unlawful resistance
to a superior officer, a sedition, or a revolt.
Disarming the guards is not mutiny.
ARTICLE 159. OTHER CASES OF EVASION OF
SERVICE OF SENTENCE
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the chief executive; and
3. That he violated any of the conditions of
such pardon.
TWO PENALTIES:
1. prision correccional in its minimum period – if
the penalty remitted does not exceed 6
years.
Page 84 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. the unexpired portion of his original
sentence – if the penalty remitted is higher
than 6 years.
NOTES:
• Offender must have been found guilty of the
subsequent offense (through w/c he
violated his conditional pardon) before he
can be prosecuted under this Article. But
under the Revised Admin. Code, no
conviction is necessary. President has
the power to arrest, and reincarcerate
offender without trial.
• When the penalty remitted is destierro, under
no circumstance may the penalty for the
violation of conditional pardon be destierro.
Chapter Seven – COMMISSION OF
ANOTHER CRIME
ART. 160. COMMISSION OF ANOTHER CRIME
DURING SERVICE OF PENALTY IMPOSED FOR
ANTOHER PREVIOUS OFFENSE - PENALTY
NOTE: this article provides for quasi-recidivism
ELEMENTS:
1. That the offender was already convicted by
final judgment of one offense; and
2. That he committed a new felony before
beginning to serve such sentence or
while serving the same.
NOTES:
• Quasi-recidivism is a special aggravating
circumstance where a person, after having
been convicted by final judgment, shall
commit a TIFF
new felony
QuickTime™ before
and a beginning to
(Uncompressed) decompressor
serve such are
sentence, orpicture.
needed to see this while serving the
same.
• Second crime must belong to the RPC, not
special laws. First crime may be either
from the RPC or special laws.
• The aggravating circumstance of
reiteracion, on the other hand, requires that
the offender shall have served out his
sentence for the prior offense.
• General Rule: A quasi-recidivist may be
pardoned at age 70… Exception: Unworthy,
or habitual delinquent
• If new felony is evasion of sentence,
offender is not a quasi-recidivist.
• The penalty: maximum period of the
penalty for the new felony should be
imposed. Mitigating circumstance can only
be appreciated if the maximum penalty is
divisible.
• Quasi-Recidivism may be offset by a
special privileged mitigating circumstance.
(Ex. Minority)
TITLE FOUR
CRIMES AGAINST PUBLIC INTEREST
Chapter One – Forgeries
ARTICLE 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE
PHILIPPINE ISLANDS, FORGING THE
SIGNATURE OR STAMP OF THE CHIEF
EXECUTIVE
ACTS PUNISHABLE:
1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.
NOTE: When the signature of the President is forged,
it is not falsification but forging of signature under this
article.
ARTICLE 162. USING FORGED SIGNATURE
OR COUNTERFEIT SEAL OR STAMP
ELEMENTS:
1. That the great seal of the Republic was
counterfeited or the signature or stamp of the
chief executive was forged by another
person;
2. That the offender knew of the
counterfeiting or forgery; and
3. That he used the counterfeit seal or forged
signature or stamp.
Page 85 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTE: Offender is NOT the forger or the cause of
the counterfeiting
ARTICLE 163. MAKING AND IMPORTING AND
UTTERING FALSE COINS
ELEMENTS:
1. That there be false or counterfeited coins
(need not be legal tender);
2. That the offender either made, imported or
uttered such coins; and
3. That, in case of uttering such false or
counterfeited coins, he connives with
counterfeiters or importers.
NOTES:
• A coin is counterfeit, if it is forged, or if it is not
authorized by the government as legal
tender, regardless if it is of intrinsic value.
• Counterfeiting is the imitation of legal or
genuine coin such as to deceive an ordinary
person in believing it to be genuine.
• To utter is to pass counterfeited coins, deliver
or give away.
• To import is to bring them into port.
Importation is complete even before entry at
the Customs House.
• This article also applies to Philippine coins,
foreign state coins, and coins withdrawn
from circulation. This does not require that
the coins counterfeited be legal tender.
ARTICLE 164. MUTILATION OF COINS –
IMPORTATION AND UTTERANCE OF
MUTILATED COINS
This has been repealed by PD 247.
ACTS PUNISHABLE (PD 247):
1. willful defacement
2. mutilation
3. tearing QuickTime™ and a
TIFF (Uncompressed) decompressor
4. burning are needed to see this picture.
5. destruction of Central Bank notes and coins
NOTES:
• Mutilation is to take off part of the metal
either by filing it or substituting it for
another metal of inferior quality, to
diminish by ingenious means the
metal in the coin.
• Foreign notes and coins not included
under this article. Mutilation must be of
Philippine legal tender.
• There must be intention to mutilate
ARTICLE 165. SELLING OF FALSE OR
MUTILATED COIN, WITHOUT CONNIVANCE
ACTS PUNISHABLE:
1. Possession of a coin, counterfeited or mutilated
by another person, with intent to utter the same,
knowing that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge
NOTES:
• Possession or uttering does not require that
coins be legal tender.
• Crime under this article includes constructive
possession or the subjection of the thing to
ones’ control.
• R.A. 427 punishes possession of silver or
nickel coins in excess of P50.00. It is a
measure of national policy to protect the
people from the conspiracy of those hoarding
silver or nickel coins and to preserve and
maintain the economy.
ARTICLE 166. FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND SECURITIES;
IMPORTING AND UTTERING FALSE OR
FORGED NOTES, OBLIGATIONS AND
SECURITIES
ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank
notes or documents payable to bearer;
2. Importing of such notes; or
3. Uttering of such false or forged obligations
and notes in connivance with forgers and
importers.
Page 86 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
NOTES:
• Forging is committed by giving a treasury or
bank note or document payable to bearer
or order an appearance of a true and
genuine document.
• Falsification is committed by erasing,
substituting, counterfeiting or altering by
any means the figures and letters, words,
signs contained therein. Example:
falsifying lotto or sweepstakes ticket
constitutes the complex crime of
attempted estafa through falsification of a
government security.
• Forging PNB checks is not included
under this article. That is falsification
of commercial document under Article
172.
• Obligation or security includes bonds,
certificate of indebtedness, bills, national
bank notes, coupons, treasury notes,
certificates of deposit, checks, drafts for
money, and sweepstakes money.
ARTICLE 167. COUNTERFEITING, IMPORTING,
AND UTTERING INSTRUMENTS NOT
PAYABLE TO BEARER
ELEMENTS:
1. That there be an instrument payable to
order or other document of credit not
payable to bearer;
2. That the offender either forged, imported or
uttered such instruments; and
3. That in case of uttering, he connived with
the forger or importer.
ARTICLE 168. ILLEGAL POSSESSION AND
USE OF FALSE TREASURY OR BANK NOTES
AND OTHER INSTRUMENTS OF CREDIT
Elements:
1. That any treasury
QuickTime™ and a
or bank
TIFF (Uncompressed) note or certificate
decompressor
are needed to see this picture.
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;
2. That the offender knows that any of those
instruments is forged or falsified; and
3. That he performs any of these acts:
a. using any of such forged or falsified
instruments, or
b. possessing with intent to use any of
such forged or falsified instruments.
• The act sought to be punished is knowingly
possessing with intent to use any of such forged
treasury or bank notes.
• The accused has the burden to give a
satisfactory explanation of his possession of
forged bills. Mere possession of false money bill,
without intent to use it to the damage of another,
is not a crime.
ARTICLE 169. HOW FORGERY IS COMMITTED
HOW FORGERY IS COMMITTED:
a. 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;
b. by erasing, substituting, counterfeiting,
altering by any means the figures, letters or
words, or signs contained therein.
• If all acts are done but genuine appearance is
not given, the crime is frustrated.
• P.D. No. 247 punishes the willful defacement,
mutilation, tearing, burning, or destruction in any
manner of currency notes or coins issued by the
Central Bank of the Philippines.
ARTICLE 170. FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ELEMENTS:
1. That there be a bill, resolution, or
ordinance enacted or approved or pending
approval by Congress or any provincial board
or municipal council;
2. That the offender (any person) alters the
same;
3. That he has no proper authority therefor;
and
4. That the alteration has changed the
meaning of the document.
• Accused must not be a public official
entrusted with the custody or possession of
such document, otherwise Art. 171 applies.
• There can be no falsification through reckless
imprudence as that will be inconsistent with the
element of intent to cause damage in said crime.
Page 87 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ACTS OF FALSIFICATION
ARTICLE 171. FALSIFICATION BY PUBLIC a. Counterfeiting or imitating any
OFFICER, EMPLOYEE OR NOTARY OR handwriting, signature or rubric.
ECCLESIASTICAL MINISTER
COUNTERFEITING
ELEMENTS:
ELEMENTS: 1) That there be an intent to imitate, or
1. That the offender is a public officer, employee, an attempt to imitate; and
or notary public. 2) That the two signatures or
2. That he takes advantage of his official handwritings, the genuine and the
position. forged, bear some resemblance, to
a. He has the duty to make or to prepare or each other.
otherwise to intervene in the preparation of
the document; or • Lack of similitude/imitation of a
b. He has the official custody of the document genuine signature will not be a
which he falsifies ground for conviction under par. 1
3. That he falsifies a document by committing any but such is not an impediment to
of the following acts: conviction under par. 2.
a. Counterfeiting or imitating any handwriting,
signature or rubric. b. Causing it to appear that persons have
b. Causing it to appear that persons have participated in an act or a proceeding
participated in any act or proceeding when 1. That the offender caused it to appear
they did not in fact so participate in a document that a person or
c. Attributing to persons who have participated persons participated in an act or a
in an act or proceeding statements other than proceeding
those in fact made by them. 2. That such person did not in fact
d. Making untruthful statements in a narration of participate in the act or proceeding
facts.
e. Altering true dates. c. Attributing to persons who have
f. Making any alteration or intercalation in a participated in any act or proceeding
genuine document which changes its statements other than those in fact made
meaning. by them.
g. Issuing in authenticated form a document 1. That a person or persons
purporting to be a copy of an original participated in an act or a proceeding
document when no such original exists, or 2. That such person or persons made
including in such copy a statement contrary statements in that act or proceeding;
to, or different from, that of the genuine and
original. 3. That the offender, in making a
h. Intercalating any instrument or note relative document, attributed to such person
to the issuance thereof in a protocol, registry or persons statements other than
or official book. those in fact made by such person or
4. In case the offender is an ecclesiastical persons
minister, the act of falsification is committed with
respect to any record or document of such d. Making untruthful statements in a
character that its falsification may affect the narration of facts.
QuickTime™ and a
civil status of TIFF
persons.
(Uncompressed) decompressor
are needed to see this picture.
ELEMENTS:
PERSONS WHO MAY BE HELD LIABLE 1. That the offender makes in a
1. Public officer, employee, or notary public document statements in a narration
who takes advantage of his official position of facts
2. Ecclesiastical minister if the act of 2. That he has a legal obligation to
falsification may affect the civil status of disclose the truth of the facts
persons narrated by him
3. Private individual, if in conspiracy with 3. That the facts narrated by the
public officer offender are absolutely false;

Page 88 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
4. That the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a third
person
• There must be a narration of facts, not a
conclusion of law. Narration must be on a
material matter.
• The person making the narration of facts
must be aware of the falsity of the facts
narrated by him. This kind of falsification may
be committed by omission.
• Legal obligation means that there is a law
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates
Enemecio v. Office of the Ombudsman, GR
146731, 1/13/04
As the Ombudsman correctly pointed out,
Enemecio failed to point to any law imposing upon
Bernante the legal obligation to disclose where he
was going to spend his leave of absence. “Legal
obligation” means that there is a law requiring the
disclosure of the truth of the facts narrated. Bernante
may not be convicted of the crime of falsification of
public document by making false statements in a
narration of facts absent any legal obligation to
disclose where he would spend his vacation leave
and forced leave.
e. Altering true dates.
• Date must be essential
• Alteration mujst affect veracity of document
or effects
f. Making any alteration or intercalation in a
genuine document which changes its
meaning.
ELEMENTS:
1. That there be an alteration (change) or
intercalation (insertion) on a document
2. That it was made on a genuine document
3. That the alteration or intercalation has
changed the meaning
QuickTime™ andof a a document
TIFF (Uncompressed) decompressor
4. That theare needed
change made
to see this picture. the document
speak something false
g. Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists, or including in
such copy a statement contrary to, or different
from, that of the genuine original.
• if no knowledge, falsification through
negligence
h. Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
book.
• This involves a genuine document
• There is no crime of attempted or
frustrated falsification of public document.
• If offender does not take advantage of his
public position, he may still be liable for
falsification of documents by a private
person under Art. 172.
• It is not necessary that what is falsified is a
genuine or real document. It is enough that it
gives an appearance of a genuine article.
DOCUMENT - any written statement by which a right
is established or an obligation is extinguished
COUNTERFEITING – intent or attempt to imitate
FEIGNING - to represent by false appearance when
no original exists
ARTICLE 172. FALSIFICATION BY PRIVATE
INDIVIDUALS AND USE OF FALSIFIED
INSTRUMENTS
ELEMENTS OF FALSIFICATION OF PUBLIC,
OFFICIAL, OR COMMERCIAL DOCUMENT BY A
PRIVATE INDIVIDUAL (par 1):
1. That the offender is a private individual or a
public officer or employee who did not take
advantage of his official position;
2. That he committed any of the acts of
falsification enumerated in ART. 171;
3. That the falsification was committed in any
public or official or commercial document.
• Under this paragraph, damage is not essential,
it is presumed.
• Lack of malice or criminal intent may be put up
as a defense under this article.
• The following writings are public:
a. written official acts or records of acts of the
sovereign authority, official bodies and
tribunals, and of the public officers,
legislative, judicial and executive, whether
of the Philippines or of a foreign country;
b. Documents acknowledged before notary
public except last wills and testaments;
Page 89 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

c. Public records, kept in the Philippines, of document, there was no damage or intent to
private documents required by law to be cause damage.
entered therein. • A private document may acquire the character
• Commercial documents: warehouse receipts, of a public document when it becomes part of
airway bills, bank checks, cash files, deposit slips an official record and is certified by a public
and bank statements, journals, books, ledgers, officer duly authorized by law.
drafts, letters of credit and other negotiable • The crime is falsification of public documents
instruments. even if the falsification took place before the
• Cash disbursement vouchers or receipts private document became part of the public
evidencing payments are not commercial records.
documents.
• A mere blank form of an official document is not
in itself a document. ELEMENTS OF USE OF FALSIFIED DOCUMENT
• The possessor of falsified document is (par. 3, art. 172):
presumed to be the author of the falsification.
• Issuing in authenticated form a document(art. Introducing in a judicial proceeding
171(7)) purporting to be a copy of an original 1. That the offender knew that a document was
document when no such original exists, or falsified by another person.
including in such copy a statement contrary to, or 2. That the false document is embraced in art.
different from, that of the genuine original - can 171 or in any subdivisions nos. 1 and 2 of
be committed only by a public officer or notary art. 172.
public who takes advantage of his official position 3. That he introduced said document in
since the authentication can be made only by the evidence in any judicial proceeding.
custodian or the one who prepared and retained
a copy of the original document Use in any other transaction
1. That the offender knew that a document was
ELEMENTS OF FALSIFICATION OF PRIVATE falsified by another person.
DOCUMENT: 2. That the false document is embraced in art.
171 or in any of subdivision nos. 1 and 2
1. That the offender committed any of the acts
of art. 172.
of falsification, except those in paragraph
3. That he used such documents (not in judicial
7 and 8, enumerated in art. 171;
proceedings).
2. That the falsification was committed in any
4. That the use of the documents caused
private document; and
damage to another or at least was used
3. That the falsification caused damage to a
with intent to cause such damage.
third party or at least the falsification was
committed with intent to cause such
The user of the falsified document is deemed the
damage
author of the falsification, if:
.
1. The use was so closely connected in time
• It is not necessary that the offender profited
with the falsification, and
or hoped to profit
2. The user had the capacity of falsifying the
• A document falsified as a necessary means to document.
commit another crime (complex crime) must be
public, official or commercial. Hence, there is
FALSIFICATION OF FALSIFICATION OF
no complex crime of estafa through
PRIVATE PUBLIC/
falsification ofTIFF QuickTime™
a (Uncompressed)
private and a
document because the
decompressor DOCUMENTS OFFICIAL DOCUMENTS
immediate effect of the latter is the same as that
are needed to see this picture.
Damage to third party Damage to third persons is
of estafa.
is an element of the immaterial;
• There is no falsification through reckless
offense. what is punished is the
imprudence if the document is private and no
violation of public faith and
actual damage is caused.
perversion of truth which the
• If the estafa was already consummated at the document proclaims.
time the falsification of a private document
was committed for the purpose of concealing
the estafa, the falsification is not punishable.
As regards the falsification of the private

Page 90 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ARTICLE 173. FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH, AND TELEPHONE
MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
ACTS PUNISHABLE:
1. Uttering fictitious, wireless, telegraph or
telephone message or falsifying message.
ELEMENTS:
a. That the offender is an officer or
employee of the government or an officer
or employee of a private corporation,
engaged in the service of sending or
receiving wireless, cable or telephone
message; and
b. That the accused commits any of the
following acts:
- uttering fictitious wireless, cable,
telegraph, or telephone message, or
- falsifying wireless, cable, telegraph,
or telephone message
• A private individual may be a principal by
inducement but not direct participation
2. Using such falsified message.
ELEMENTS:
a. That the accused knew that wireless,
cable, telegraph, or telephone message
was falsified by any of the person
specified in the first paragraph of art.
173;
b. That the accused used such falsified
dispatch; and
c. That the use of the falsified dispatch
resulted in the prejudice of a third
party, or that the use thereof was with
intent to cause such prejudice.
• The public officer, to be liable, must be
engaged in the service of sending or
receiving wireless, cable and telegraph or
telephone message.
• Act No. 1851, QuickTime™
Sec. 4, and a
punishes private
individualsTIFF
who forge
(Uncompressed)or alter
decompressor
are needed to see this picture.
telegram.
ARTICLE 174. FALSE MEDICAL
CERTIFICATES, FALSE CERTIFICATES OF
MERIT OR SERVICE, ETC
PERSONS LIABLE:
1. Physician or surgeon who, in connection
with the practice of his profession, issued a
false certificate which refers to the illness or
injury of a person.
2. Public officer who issued a false certificate
of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence
3. Private individual who falsified a certificate
under (1) and (2).
ARTICLE 175. USING FALSE
CERTIFICATES
CERTIFICATE - any writing by which testimony is
given that a fact has or has not taken place
ELEMENTS:
1. That a physician or surgeon has issued a
false medical certificate, or a public officer
has issued a false certificate of merit or
service, good conduct, or similar
circumstances, or a private person had
falsified any of said certificates;
2. That the offender knew that the certificate
was false; and
3. That he used the same.
• When any of false certificates mentioned in
Article 174 is used in judicial proceedings, Article
172 does not apply because it is limited only to
those false documents embraced in Articles 171
and 172.
ARTICLE 176. MANUFACTURING AND
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION
ACTS PUNISHABLE:
1. Making or introducing into the Philippines
any stamps, dies or marks or other
instruments or implements for
counterfeiting or falsification.
2. Possessing with intent to use the
instruments or implements for counterfeiting
or falsification made in or introduced into the
Philippines by another person.
NOTES:
• The implements confiscated need not form
a complete set. It is enough that they may
be employed by themselves or together with
other implements to commit the crime of
counterfeiting or falsification.
• Constructive possession is also punished.
• Article 165 and 176 of the Revised Penal
Code, also punish constructive possession.
Page 91 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ARTICLE 177. USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
ACTS PUNISHABLE:
1. Usurpation of authority: By knowingly and
falsely representing oneself to be an
officer, agent or representative of any
department or agency of the Philippine or
any foreign government
2. Usurpation of official functions: By
performing an act pertaining to any
person in authority or public officer of the
Philippines or foreign government under the
pretense of such official position, and
without being lawfully entitled to do so.
NOTES:
• In usurpation of authority, the mere act of
knowingly and falsely representing
oneself is sufficient. It is not necessary that
he performs an act pertaining to a public
officer.
• There must be positive, express and explicit
representation and not merely a failure to
deny. Representation may be shown by acts.
• In usurpation of official functions, it is
essential that the offender should have
performed an act pertaining to a person in
authority.
• A public officer may also be an offender.
• Note: the usurpation must pertain to a
department or agency of the Philippine
Government or any foreign government.
• Sec. 1 RA 75 punishes any person who shall
falsely assume and take upon himself to act
as a diplomatic, consular, or any other official
of a foreign government duly accredited as
such to the Government of the Republic of
the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed
in RPC, the offender shall be fined not more
than P5,000 or shall QuickTime™beandimprisoned
a for not
more than TIFF (Uncompressed) decompressor
5 are
years
neededor both.
to see this picture.
• If it can be proven that the usurpation of
authority or official functions by accused was
done in good faith or under cloth of authority,
then the charge of usurpation will not apply.
Ex. See Estrada v. Desierto
Estrada v. Desierto, GR 156160, 12/9/04
Hefti was charged with Usurpation of Official Function
for issuing a notice of distraint, a function of the BIR
Commissioner. While it is true that under Sec. 206 of
the NIRC as amended, the Commissioner of the BIR
and not any Officer of the BIR was the one granted
with the power to issue a notice of distraint, it bears
to stress, however, that when respondent Hefti
exercised such function of the BIR Commissioner,
she was then designated Officer-In-Charge of the
BIR by President Gloria Macapagal-Arroyo, as
evidenced by a photocopy of her Memorandum of
Appointment dated January 23, 2001. xxx Suffice it
to say that when respondent Hefti issued the notice
of distraint, she was clothed with authority to issue
the same in view of her appointment as the then
Officer-In-Charge of the BIR. Hence, the charge for
Usurpation of Official Function does not apply to said
respondent.
Chapter Two – OTHER FALSITIES
ARTICLE 178. USING FICTITIOUS NAME AND
CONCEALING TRUE NAME
ELEMENTS OF USING FICTITIOUS NAME:
1. That the offender uses a name other than
his real name;
2. That he uses that fictitious name publicly;
3. That the purpose of the offender is –
a. To conceal a crime,
b. To evade the execution of a judgment, or
c. To cause damage to public interest.
Ex. Signing fictitious name for a passport
ELEMENTS OF CONCEALING TRUE NAME:
1. That the offender conceals –
a. his true name, and
b. all other personal circumstances;
and
2. That the purpose is only to conceal his
identity.
USE OF FICTITIOUS NAME CONCEALING
(178) TRUE NAME
(178)
Element of publicity must be Publicity not
present necessary
Purpose is to conceal a crime, to Purpose is only
evade the execution of a to conceal
judgment, or to cause damage identity
to public interest
Page 92 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
C.A. NO. 142 (Anti-Alias Law)
PERSONS LIABLE:
1. Any person who uses any name different from
the one w/ w/c he was registered at birth in the
office of the local civil registry, or w/ w/c he was
registered in the bureau of immigration upon
entry, or such substitute name as may have been
authorized by a competent court. Exempted from
criminal liability are persons who use another
name as a pseudonym solely for literary,
cinema, television, radio, or other entertainment
purposes and in athletic events; and
2. Any person who having been baptized with a
name different from what was registered, or who
had obtained judicial authority for use of an alias,
or who uses a pseudonym, represents himself
in any public or private document w/o stating
or affixing his real or original name or aliases
or pseudonym he is authorized to use.
NOTES:
• A judicial authority must be first secured by a
person who desires to use an alias.
• However, a common-law wife does not incur
criminal liability under the Anti-Alias Law if she
uses the surname of the man she has been living
w/ for the past 20 years and has been introducing
herself to the public as his wife.
ARTICLE 179. ILLEGAL USE OF UNIFORMS
OR INSIGNIA
ELEMENTS:
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; and QuickTime™ and a
TIFF (Uncompressed) decompressor
3. That said insignia,
are needed touniform or dress is used
see this picture.
publicly and improperly.
NOTES:
• An exact imitation of the dress or uniform is
unnecessary; a colorable resemblance
calculated to deceive is sufficient
• The term “improperly” means that the offender
has no right to use the uniform or insignia.
• Wearing the uniform of an imaginary office, not
punishable
• Using naval, military, police or other official
uniform, decoration or regalia of foreign State
with intent to deceive or mislead is punished
by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or
both
• Wearing insignia, badge or emblem of rank of
the members of the Armed Forces of the
Philippine or Constabulary is punished by RA
493 by a fine of not less than P100 and not
exceeding P2,000 or by imprisonment for not
less than one month or not exceeding two
years, or both, except if used in playhouse or
theater or in moving picture films
ARTICLE 180. FALSE TESTIMONY AGAINST A
DEFENDANT
ELEMENTS:
1. That there be a Criminal proceeding;
2. Offender testifies falsely under oath
against the defendant therein;
3. Offender knows that it is false; and
4. 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 oath and required to testify as to the
truth of a certain matter at a hearing before a
competent authority, shall deny the truth or say
something contrary to it
NOTES:
• Violation of this article requires criminal intent.
Hence, it cannot be committed through
negligence.
• The offender need not impute guilt upon the
accused to be liable.
• The defendant must at least be sentenced to a
correctional penalty or a fine, or must have
been acquitted.
• The witness who gave false testimony is liable
even if the court did not consider his
testimony.
• Penalty depends upon sentence imposed
on the defendant except in the case of a
judgement of acquittal. Since Art. 180 does
not prescribe the penalty where the
defendant in a criminal case is sentenced to
a light penalty, false testimony in this
Page 93 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
instance cannot be punished considering
that a penal must be strictly construed.
ARTICLE 181. FALSE TESTIMONY
FAVORABLE TO THE DEFENDANT
NOTES:
• False testimony by negative statement is still in
favor of the defendant.
• False testimony in favor of defendant need not
directly influence the decision of acquittal nor
benefit the defendant(intent to favor
defendant sufficient)
• A statement of mere opinion is not
punishable.
• Conviction or acquittal is not necessary (final
judgment is not necessary), but gravity of
crime in principal case should be shown
• A defendant who voluntarily goes up on the
witness stand and falsely imputes to
another person the commission of the
offense is liable under this article. If he
merely denies the commission of the offense,
he is not liable.
• Rectification made spontaneously after
realizing mistake is not false testimony (Not
liable if there is no evidence that accused
acted with malice or criminal intent to testify
falsely)
• The penalty in this article is less than that
which is provided in the preceding article
because there is no danger to life or liberty of
the defendant.
ARTICLE 181. FALSE TESTIMONY IN CIVIL
CASES
ELEMENTS:
1. That the testimony must be given in a civil
case;
2. That the testimony must relate to the issues
presented in said case;
3. That the testimony must be
QuickTime™ and afalse;
TIFF (Uncompressed) decompressor
4. That the false testimony must
are needed to see this picture. be given by the
defendant knowing the same to be false;
and
5. That the testimony must be malicious and
given with an intent to affect the issues
presented in the said case.
• This article is not applicable when testimony is
given in a special proceeding. In this case, the
crime is perjury.
• Basis of penalty: amount involved in the civil
case.
ARTICLE 183. FALSE TESTIMONY IN OTHER
CASES AND PERJURY IN SOLEMN
AFFIRMATION
ELEMENTS:
1. That an accused made a statement under
oath or made an affidavit upon a material
matter;
2. That the statement or affidavit was made
before a competent officer, authorized to
receive and administer oath;
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood; and
4. That the sworn statement or affidavit
containing the falsity is required by law.
Two (2) Ways Of Committing Perjury:
a. by falsely testifying under oath
b. by making a false statement
NOTES:
• Subornation of perjury is committed if a
person procures another to swear falsely
and the witness suborned does testify under
circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one
inducing another as principal by inducement
and the one induced as principal by direct
participation.
• Solemn affirmation refers to non-judicial
proceedings and affidavits.
• A false affidavit to a criminal complaint may
give rise to perjury.
• A matter is material when it is directed to
prove a fact in issue.
• A “competent person authorized to
administer an oath” means a person who has
a right to inquire into the questions presented
to him upon matters under his jurisdiction.
• There is no perjury through negligence or
imprudence since the assertion of falsehood
must be willful and deliberate.
• 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.
• Perjury is an offense which covers false
oaths other than those taken in the course
of judicial proceedings.
Page 94 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• False testimony before the justice of the
peace during a preliminary investigation may
give rise to the crime of perjury, not false
testimony in judicial proceedings. The latter
crime contemplates an actual trial where a
judgment of conviction or acquittal is
rendered.
ART. 184. OFFERING FALSE TESTIMONY IN
EVIDENCE
ELEMENTS:
1. That the offender offered in evidence a false
witness or false testimony;
2. That he knew the witness or the testimony
was false; and
3. That the offer was made in a judicial or
official proceeding.
NOTES:
• This article applies when the offender, without
inducing another but knowing him to be a
false witness, presented him and the latter
testified falsely in a judicial or official
proceeding.
• The felony is consummated the moment a
false witness is offered in any judicial or
official proceeding. Looking for a false
witness is not punished by law as that is not
offering a false witness.
• The false witness need not be convicted of
false testimony. A mere offer to present him
is sufficient.
Chapter Three – FRAUDS
ARTICLE 185. MACHINATIONS IN PUBLIC
QuickTime™ and a
TIFFAUCTIONS
(Uncompressed) decompressor
are needed to see this picture.
ELEMENTS OF MACHINATIONS IN PUBLIC
AUCTIONS:
1. That there be a public auction;
2. That the accused solicited any gift or a
promise from any of the bidders;
3. That such gifts or promise was the
consideration for his refraining from
taking part in that public auction; and
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE
BIDDERS TO STAY AWAY:
1. That there be a public auction;
2. That the accused attempted to cause the
bidders to stay away from that public
auction;
3. That it was done by threats, gifts,
promises, or any other artifice; and
4. That the accused had the intent to cause
the reduction of the price of the thing
auctioned.
NOTES:
• The crime is consummated by the mere act of
soliciting a gift or promise for the purpose of
abstaining from taking part in any public
auction.
• The threat need not be effective nor the offer or
gift accepted for the crime to arise.
• Execution sales should be opened to free and
full competition in order to secure the
maximum benefit for the debtors.
ARTICLE 186. MONOPOLIES AND
COMBINATIONS IN RESTRAINT OF TRADE
ACTS PUNISHED:
1. Conspiracy or combination to prevent free
competition in the market
2. Monopoly to restrain free competition in the
market
3. Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of merchandise
NOTES:
• Combination to prevent free competition in the
market - By entering into a contract or
agreement or taking part in any conspiracy or
combination in the form of a trust or otherwise, in
restraint of trade or commerce or to prevent
by artificial means free competition in the
market; It is enough that initial steps are taken. It
is not necessary that there be actual restraint
of trade.
Page 95 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• Monopoly to restrain free competition in the
market - By monopolizing any merchandise or
object of trade or commerce, or by combining
with any person or persons to monopolize said
merchandise or object in order to alter the prices
thereof by spreading false rumors or making
use of any other artifice to restrain free
competition in the market
• Manufacturer, producer, or processor or
importer combining, conspiring or agreeing
with any person to make transactions
prejudicial to lawful commerce or to increase
the market price of the merchandise.
• Also liable as principals:
a. corporation/association
b. agent/representative
c. director/manager who willingly
permitted or failed to prevent
commission of above offense
• When offense is committed by a corporation or
association, the president and directors or
managers are liable.
• Mere conspiracy or combination is punished
• Crime is aggravated if the items involved are:
a. food substance
b. motor fuel or lubricants
c. goods of prime necessity
• RA 3720 - created Food and Drug Administration
• RA 6361 - created Price Control Council
• RA 1180 - an Act to regulate the Retail Business
• A MONOPOLY is a privilege or peculiar
advantage vested in one or more persons or
companies, consisting in the exclusive right or
power to carry on a particular business or trade,
manufacture a particular article, or control the
sale or the whole supply of a particular
commodity. It is a form of market structure in
which one or only a few firms dominate the total
sales of a product or service. On the other hand,
a COMBINATION IN RESTRAINT OF TRADE is
an agreement or understanding between two or
more persons,TIFFin(Uncompressed)
theQuickTime™
formdecompressor
of a a contract, trust,
and
pool, holding are company,
needed to see this or
picture.other form of
association, for the purpose of unduly restricting
competition, monopolizing trade and commerce
in a certain commodity, controlling its production,
distribution and price, or otherwise interfering
with freedom of trade without statutory authority.
Combination in restraint of trade refers to the
means while monopoly refers to the end.
ARTICLE 187. IMPORTATION AND
DISPOSITION OF FALSELY MARKED
ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER, OR OTHER PRECIOUS
METALS OR THEIR ALLOYS
ELEMENTS:
1. That the offender imports, sells or disposes
of any article or merchandise made of gold,
silver or other precious metals;
2. That the stamps, brands, or marks of those
articles or merchandise fails to indicate the
actual fineness or quality of said metals or
alloys; and
3. That the offender knows that the said stamp,
brand, or mark fails to indicate the actual
fineness or quality of the metals or alloys.
• When evidence show the article to be imported,
selling the misbranded articles is not necessary.
• The manufacturer who alters the quality or
fineness is liable for estafa under Art. 315, 2(b)
ARTICLE 188. SUBSTITUTING AND ALTERING
TRADEMARKS, TRADENAMES, OR SERVICE
MARKS
ACTS PUNISHABLE:
1. By (a) substituting the trade name (t/n) or
trademark (t/m) of some other manufacturer or
dealer or a colorable imitation thereof, for the
t/n or t/m of the real manufacturer or dealer
upon any article of commerce; and (b) selling
the same.
2. By selling or by offering for sale such article
of commerce, knowing that the t/n or t/m has
been fraudulently used.
3. By using or substituting the service mark of
some other person, or a colorable imitation of
such marks, in the sale or advertising of
services.
4. By printing, lithographing or reproducing
t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another
person to fraudulently use the same,
knowing the fraudulent purpose for which it is
to be used.
TRADE-NAME OR TRADE-MARK – is a word or
words, name, title, symbol, emblem, sign or device,
or any combination thereof used as an
advertisement, sign, label, poster, or otherwise, for
Page 96 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

the purpose of enabling the public to distinguish the ACTS PUNISHED:

business of the person who owns and uses said
trade-name or trade-mark
SERVICE MARK – is a mark used in the sale or
advertising of services to identify the services of one
person and distinguish them from the services of
others and includes without limitation the marks,
names, symbols, titles, designations, slogans,
character names, and distinctive features of radio or
other advertising
NOTES:
• The provisions of Articles 188 and 189 of the
Revised Penal Code which are inconsistent
with R. A. 8293 (Intellectual Property Code of
the Philippines) are repealed.
• The tradename, trademark or service mark
need not be identical; a colorable imitation is
sufficient. There must not be differences which
are glaring and striking to the eye.
• “Mark” means any visible sign capable of
distinguishing the goods or services of an
enterprise and shall include a stamped or
marked container.
• Tradename: identify or distinguish an
enterprise; not necessarily attached or affixed
to the goods of the owner.
• Trademarks: to indicate origin of ownership of
goods to which it is affixed
• In trademarks, it is not necessary that the
goods of the prior user and the later user of the
trademark are of the same categories. The
meat of the matter is the likelihood of
confusion, mistake or deception upon
purchasers of the goods of the junior user of
the mark and goods manufactured by the
previous user.
• The tradename or trademark must be
registered. Trademark must not be merely
descriptive or generic.
• The exclusive right to an originally valid
trademark or tradename is lost, if for any
reason it loses its distinctiveness or has
become “publici juris.”
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ARTICLE 189. UNFAIR COMPETITION,
FRAUDULENT REGISTRATION OF TRADE
NAME, TRADEMARK, OR SERVICE MARK,
FRAUDULENT DESIGNATION OF ORIGIN, AND
FALSE DESCRIPTION
1. Unfair competition by selling his goods,
giving them the general appearance of the
goods of another manufacturer or dealer.
2. Fraudulent designation of origin by (a)
affixing to his goods or using in connection
with his services a false designation of origin;
or any false description or representation,
and (b) selling such goods or services.
3. Fraudulent registration by procuring
fraudulently from the patent office the
registration of t/m, t/m or service mark.
ELEMENTS OF UNFAIR COMPETITION:
1. That the offender gives his goods the general
appearance of the goods of another
manufacturer or dealer;
2. That the general appearance is shown in the
(a) goods themselves, (b) wrapping of their
packages, (c) device or words therein, or in
(d) any other feature of their appearance;
3. That the offender offers to sell or sells those
goods or gives other persons a chance or
opportunity to do the same with a like
purpose; and
4. That there is actual intent to deceive the
public or defraud a competitor.
UNFAIR COMPETITION: consists in employing
deception or any other means contrary to good faith
by which any person shall pass off the goods
manufactured by him or in which he deals, or his
business, or services for those of the one having
established goodwill, or committing any acts
calculated to produce such result
Unfair Competition Infringement of
trademark or trade
name
Broader, more inclusive Limited range
Identified in the mind of Identified a peculiar
the public whether or not symbol or mark with his
a mark or trade name is goods and thereby has
employed acquired a property right
in such symbol or mark
Gives his goods the Sells goods on which
general appearance of trademark is affixed
the goods of another

* Superseded by RA 8293, the Intellectual

Property Code, Jan. 1, 1998.

Page 97 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

be the proximate cause of the death of

TITLE FIVE a victim thereof
CRIMES RELATED TO OPIUM AND OTHER d. Organizes, manages or acts as financier
PROHIBITED DRUGS
3. Maintenance of a den, dive, or resort where
any controlled precursor and essential chemical
is sold or used

Articles 190-194 of the Revised Penal Code are Qualifying circumstances:

repealed by Republic Act No. 6425 “The Dangerous 1. where a prohibited/regulated drug is
Drugs Act of 1972” which took effect on March 30, administered, delivered, or sold to a minor
1972 (Sec. 42), as amended by PD No. 1683 and who is allowed to use the same in such
further amended by RA No. 7659 place; or
2. should a prohibited drug be the proximate
cause of the death of the person using the
THE DANGEROUS DRUGS ACT OF 2002 same in such den, dive or resort.
(R. A. NO. 9165, repealing R. A. NO. 6425 and 3. Organizes, manages or acts as financier
RPC provisions on crimes related to opium
and other prohibited drugs) • The protector or coddler is also liable.
• If place owned by third person, the same
shall be confiscated and escheated in favor
of government IF
Policy 1. Complaint specifically allege that
1. Campaign against Drugs and Protection of such place used intentionally for
State furtherance of crime
2. Balance Æ Medicinal Purpose 2. Prosecution proves intent on part of
3. Rehabilitation owner
3. Owner included as accused in
criminal complaint
ACTS PUNISHABLE:
1. Importation of dangerous drugs (even for floral, OPIUM DIVE OR RESORT: place where
decorative and culinary purposes) and/or dangerous drug and/or controlled precursor and
controlled precursors and essential essential chemical is administered, delivered,
chemicals stored for illegal purposes, distributed, sold or
used in any form (To be habitual – prior
Qualifying circumstance: conviction, reputation of place)
a. If the importation was through the use of
a diplomatic passport, diplomatic facilities 4. Being employees or visitors of drug den who
or any other means involving the are aware of the nature of such place
offender’s official status. • For the employee who is aware of nature of
b. Organizes, manages or acts as a place and any person who knowingly visits
financier such place
• The protector or coddler is also liable. • A person who visited another who was
smoking opium shall not be liable if the place
2. Sale, administration,QuickTime™
delivery, and a
distribution and is not an opium dive or resort
of
transportationTIFF dangerous
(Uncompressed) drugs
decompressor
are needed to see this picture.
5. Manufacture of dangerous drugs and/or
Qualifying circumstances: controlled precursors and essential chemicals
a. Within 100 meters from a school;
b. If minors/mentally incapacitated Aggravating circumstance: Clandestine lab is
individuals are used as runners, undertaken under the following circumstances:
couriers and messengers of drug 1. Any phase conducted in presence or with
pushers; help of minors
c. If the victim of the offense is a minor, or 2. Established/undertaken within 100m of
should a prohibited/regulated drug residential, business, church or school
involved in any offense under this section premises

Page 98 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
3. Lab secured/protected by booby traps
4. Concealed with legitimate business
operations
5. Employment of practitioner, chemical
engineer, public official or foreigner
Qualifying circumstance: Organizes, manages
or acts as financier
Prima facie proof of manufacture: presence of
controlled precursor and essential chemical or
lab equipment in the clandestine lab
CLANDESTINE LABORATORY: Any facility
used for illegal manufacture of any dangerous
drug and or controlled precursor and essential
chemicals
6. Illegal chemical diversion of controlled
precursor and essential chemicals
CHEMICAL DIVERSION: sale, distribution,
transport of legitimately imported, in-transit,
manufactured or procured controlled precursors
or essential chemicals to any person or entity
engaged in manufacture of dangerous drug and
concealment of such transaction through fraud,
destruction of documents, fraudulent use of
permits, misdeclaration, use of front companies
or mail fraud
7. Manufacture or delivery of equipment,
instrument, apparatus, and other
paraphernalia for dangerous drugs and/or
controlled precursor and essential chemicals
Acts Punishable:
1. deliver
2. possess with intent to deliver
3. manufacture with intent to deliver the
paraphernalia, knowing, or under
circumstances where one reasonably
should know
Qualifying circumstance - use of a minor or a
mentally incapacitated individual to deliver
such equipment,
QuickTime™ and a
instrument,
TIFF (Uncompressed) apparatus or other
decompressor
paraphernalia
are needed to see this picture.
8. Possession of dangerous drugs, regardless of
the degree of purity
• Penalties are graduated to the amount of
drugs (the only violation where quantity
matters)
• The kinds of drugs have different
respective amounts for the graduation of
penalties
• Qualifying circumstance: Party, social
gathering, or in the proximate company
of at least 2 persons, regardless of
quantity
• Possession: unauthorized, either actual
or constructive, irrespective of quantity,
with intent to possess(full knowledge
that what was possessed was any of
prohibited or regulated drug)
Elements of possession of opium: (RA 6425)
1. occupancy or taking
2. intent to possess
• What is punished is present possession,
not past possession
• It is not necessary to allege in information
that accused is not authorized to possess
opium
9. Possession of equipment, instrument,
apparatus and other paraphernalia fit for
introducing dangerous drugs into the body
• Possession of such equipment = Prima facie
evidence that possessor has used a
dangerous drug and shall be presumed to
have violated Sec. 15, use of dangerous
drug.
• The possession of PARAPHERNALIA is
absorbed by USE of dangerous drug.
• Qualifying circumstance: Party, social
gathering, or in the proximate company of
at least 2 persons.
10. Use of dangerous drugs
• Must be found positive after a confirmatory
test
st
• 1 conviction – minimum of 6 mos. of
rehabilitation
• 2nd conviction – imprisonment and fine
• Where the accused is also found to be in
possession of dangerous drugs, this
Section shall not apply. Sec. 11, possession
of dangerous drugs, shall apply. Hence, USE
is subsumed by POSSESSION.
Ex. If the offender is caught with possession
of paraphernalia, possession of dangerous
drugs and use of dangerous drugs, the
offense is POSSESSION OF DANGEROUS
DRUGS.
11. Cultivation or culture of plants which are
dangerous drugs or are sources thereof
Page 99 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• The land/portions thereof and/or
greenhouses in which any of the said
plants is cultivated or cultured shall be
confiscated and escheated to the State,
unless the owner thereof prove that he
did not know of such cultivation or
culture despite the exercise of due
diligence on his part.
Qualifying circumstance:
1) The land is part of the public domain
2) Organizes, manages or acts as financier
12. Failure to keep of original records
transactions of dangerous drugs
• Persons liable: practitioner, manufacturer,
wholesaler, importer, distributor, dealer, or
retailer
• The additional penalty of revocation of his
license to practice his profession in case of a
practitioner, or of his or its business license
in case of manufacturer, seller, importer,
distributor or dealer, shall be imposed.
13. Unnecessary prescription of dangerous drugs
• Person Liable: Practitioner who shall
prescribe any dangerous drug for any person
whose physical/physiological condition does
not require the use of thereof or in the
dosage therein.
14. Unlawful prescription of dangerous drugs
Also Punishable -
ATTEMPT AND CONSPIRACY TO COMMIT THE
FOLLOWING OFFENSES:
a. Importation of dangerous drugs and/or
controlled precursor and essential chemical,
b. Sale, trading, administration, dispensation,
QuickTime™ and a
TIFF (Uncompressed) and
delivery, distribution decompressor
transportation
are needed to see this picture.
dangerous drugs and/or controlled precursor
and essential chemical,
c. Maintenance of a den, dive or resort for
dangerous drugs,
d. Manufacture of dangerous drugs and/or
Scontrolled precursor and
chemical, and
e. Cultivation or culture of plants which are
sources of dangerous drugs.
• The penalty for such attempt and conspiracy is
the same penalty prescribed for the
commission. Thus, where the offense of sale
was not consummated, the accused should not
be prosecuted under mere possession, but under
Sec. 26. (Justice Peralta)
OTHER PERSONS LIABLE:
1. Public officer or employee who
misappropriates, misapplies or fails to
account for confiscated, seized, or
surrendered dangerous drugs, plant sources of
dangerous drugs, etc.
2. Any elective local or national official who
have benefited from the proceeds of
of trafficking of dangerous drugs or have
received any financial/material contributions or
donations from natural or juridical persons
guilty of drug trafficking.
3. If the violation of the Act is committed by a
partnership, corporation, association or any
judicial person, the partner, president, director,
or manager who consents to or knowingly
tolerates such violation shall be held criminally
liable as co-principal.
4. Partner, president, director, manager, officer or
stockholder, who knowingly authorizes,
tolerates, or consents to the use of a vehicle,
vessel, or aircraft as an instrument in the
importation, sale, delivery, distribution or
transportation of dangerous drugs, or to the
use of their equipment, machines or other
instruments in the manufacture of any
dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is
owned or under the control and supervision of
the partnership, corporation, association or
judicial entity to which they are affiliated.
5. Any person who is found guilty of “planting”
any dangerous drugs and/or controlled
precursor and essential chemicals, regardless
of quantity or purity (penalty of death).
6. Any person violating a regulation issued by the
Dangerous Drugs Board
7. Any person authorized to conduct drug test
of who issues false or fraudulent drug test results
knowingly, willfully or through gross
negligence.
8. Any government officer tasked with the
prosecution of drug-related cases under this
Act who delays or bungles the prosecution.
essential
• For the purpose of enforcing the provisions of this
Act, all school heads, supervisors and teachers
shall be deemed to be persons in authority
and, as such, are vested with the power to
Page 100 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
apprehend, arrest, or cause the apprehension
or arrest of any person who shall violate any of
the said provision. They shall be considered as
persons in authority if they are in the school or
within its immediate vicinity, or beyond such
immediate vicinity if they are in attendance in
any school or class function in their official
capacity as school heads, supervisors or
teachers.
• Any teacher or school employee who discovers
or finds that any person in the school or within
its immediate vicinity is violating this Act shall
have the duty to report the violation to the
school head or supervisor who shall, in turn,
report the matter to the proper authorities.
Failure to report in either case shall, after
hearing, constitute sufficient cause for
disciplinary action by the school authorities.
(Sec. 44)
RULES FOR EXEMPTION FROM CRIMINAL
LIABILITY OF DRUG DEPENDENTS THROUGH
VOLUNTARY SUBMISSION:
A. Drug dependent who is finally discharged from
confinement shall be exempt subject to the ff.
conditions:
1) Complied with the rules of the Center
2) Never been charged or convicted of any
offense under this Act, the
Dangerous Drugs Act of 1972, the RPC,
or any special penal laws.
3) No record of escape from the Center;
provided if he escaped, he surrendered
by himself or through his parent, spouse,
th
guardian or relative w/in the 4 w/in
1 week.
4) Poses no serious danger to himself,
family or community.
B. Voluntary submission of a drug dependent to
confinement, treatment and rehabilitation by the
drug dependent himself or through his parent,
guardian or relative within the 4th in a center and
compliance with such conditions therefor as the
QuickTime™ and a
Dangerous Drugs Board decompressor
TIFF (Uncompressed) may prescribe shall
are needed to see this picture.
exempt him from criminal liability for
possession or use of the dangerous drug.
C. Should the drug dependent escape from the
center, he may submit himself for confinement
within 1 week from the date of his escape, of his
parent guardian or relative may, within the same
period surrender him for confinement.
D. Upon application of the Board, the Court shall
issue an order for recommitment if the drug
dependent does not resubmit himself for
confinement or if he is not surrendered for
recommitment.
E. If, subsequent to such recommitment, he
should escape again, he shall no longer be
exempt from criminal liability for the use or
possession of any dangerous drug.
F. If a person charged with an offense with an
imposable penalty of less than 6 years and 1
day, and the Court or prosecutor, at any stage of
the proceedings, finds that the person charged
with an offense is a drug dependent, the fiscal
or court as the case may be, shall suspend all
further proceedings and transmit records of the
case to the Board. If the Board determines that
public interest requires that such person be
committed, it shall file a petition for
commitment. After commitment and discharge,
the prosecution shall continue. In case of
conviction, the judgment shall, if certified by the
center for good behavior, indicate that he shall
be given full credit for the period of
confinement; provided when the offense is use
of dangerous drugs, and the accused is not a
recidivist, the penalty shall have deemed to
have been served in the center upon release.
G. The period of prescription of the offense charged
shall not run during the time that the
respondent/accused is under detention or
confinement in a center.
H. A drug dependent who is discharged as
rehabilitated, but does not qualify for
exemption, may be charged under this Act, but
shall be placed on probation and undergo
community service in lieu of imprisonment
and/or fine in the court’s discretion.
I. A drug dependent who is not rehabilitated after
the second commitment to the Center under the
voluntary submission program shall, upon
recommendation of the Board, be charged for
violation of Sec. 15, (use of dangerous drug) and
be prosecuted like any other offender. If
convicted, he shall be credited for the period of
confinement in the Center.
Page 101 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

RULES ON SUSPENSION OF SENTENCE FOR

FIRST OFFENSE OF A MINOR:

A. Supervision and rehabilitative surveillance of

the Board and under such conditions that the
court may impose for a period of 6-18 mos.

Requisites for suspension:

1. Accused is a minor over 15 years at the
time of the commission of the offense but
not more than 18 years of age when the
judgment should have been promulgated.
2. He has not been previously convicted of
violating this Act, Dangerous Drugs Act of
1972, RPC or any special penal laws.
3. He has not been previously committed to
a Center or to the care of a DOH-accedited
physician.
4. The Dangerous Drugs Board favorably
recommends that his/her sentence be
suspended.

• Where the minor is under 15 years at the

time of the commission, Art. 192 of Child
and Youth Welfare Code shall apply
(suspension of sentence and commitment)

B. The privilege of suspended sentence may be

availed of only once.

C. If the minor violates any of the conditions of his

suspended sentence, rules of the Board, or rules
of the center, the court shall pronounce
judgment of conviction and he shall serve
sentence as any other convicted person.

D. Upon promulgation of sentence, the court may,

in its discretion, place the accused under
probation, or impose community service in
lieu of imprisonment.

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 102 of 174

 Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

PROCEDURE for CUSTODY and DISPOSITION

TIME TASK PRESENT

1 Immediately after Inventory and photograph Accused or the person/s from whom
seizure confiscated, or representative, media,
DOJ and any elected public official
who shall sign the copies of the
inventory and be given a copy.

2 24 hours upon Submit to PDEA Forensic Lab for

confiscation examination

3 24 hours after receipt Issue certification of exam results under

oath; provided, if the volume is too large,
provisionally issue partial report, stating
quantities still to be examined; provided
further, issue final certification within next 24
hours.

4 72 hours after filing of Court ocular inspection.

criminal case

5 24 hours from ocular Destruction (through PDEA); provided,
inspection retain representative sample.
Board to issue sworn certification of
destruction. Submit certification and
representative sample to the court.
Accused or the person/s from whom
confiscated, or representative, media,
DOJ, civil society groups and any
elected public official

6 After promulgation and Trial prosecutor to inform the Board of final

judgment termination of case. Request the court for
leave to turn over representative samples to
PDEA.

7 24 hours from receipt Destruction

Alleged offender or his representative shall be allowed to personally observe all of the proceedings and his presence shall
not constitute an admission of guilt. In case the offender refuses or fails to appoint a representative after due notice in
writing within 72 hours before the actual destruction, the SoJ shall appoint a member of the public attorney’s office to
represent the former.

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 103 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
RULES FOR LAB EXAMINATION OF
APPREHENDED/ARRESTED OFFENDERS :
1. If reasonable ground to believe that offender is
under the influence of dangerous drugs, conduct
examination w/in 24 hours.
2. Positive results shall be challenged w/in 15 days
after receipt of the result through a confirmatory
test.
3. Confirmed test shall be prima facie evidence
that offender has used dangerous drugs.
4. Positive test must be confirmed for it to be
valid in a court of law.
OTHER RULES:
1. In buy-bust operations, there is no law or rule
requiring policemen to adopt a uniform way
of identifying buy money.
2. Absence of ultraviolet powder on the buy
money is not fatal for the prosecution.
3. If offender is an alien, an additional penalty of
deportation without further proceedings shall
be imposed immediately after service of
sentence.
4. A person charged under the Dangerous
Drugs Act shall not be allowed to avail of
plea-bargaining.
5. A positive finding for the use of dangerous
drugs shall be a qualifying aggravating
circumstance in the commission of a crime
by the offender.
6. If public official/employee is the offender,
the maximum penalty shall be imposed.
7. Any person convicted of drug trafficking or
pushing cannot avail of the Probation Law.
8. Immunity from prosecution and punishment
shall be granted to an informant, provided the
ff. conditions concur:
1) necessary for conviction
2) not yet in the possession of the State
3) can be corroborated on material
points
4) has not been previously convicted of
a crime of moral turpitude, except
when there is no other direct
evidence
QuickTime™ and a
5) comply with conditions
TIFF (Uncompressed) decompressor imposed by
are needed to see this picture.
the State
6) does not appear to be the most guilty
7) no other direct evidence available
10. Mandatory drug testing includes:
1) All persons charged with a criminal
offense having an imposable penalty
of not less than 6 years and 1 day.
2) All candidates for public office, whether
appointed or elected.
11. Limited applicability of the RPC Æ The RPC
shall not apply to this Act, except in the case of
minor offenders. Where the offender is a minor,
the penalty for acts punishable by life
imprisonment to death shall be reclusion
perpetua to death.
• Hence, since RPC nomenclature of penalties is
used, the minor is then entitled to mitigating
circumstances under the RPC (Martin Simon
case). Thus, the minor does not receive the
death penalty. (Justice Peralta)
People v. Adam GR 143842, 10/13/03
Appellant is guilty of the crime of attempted sale
of shabu. As gleaned from the testimony of the
poseur-buyer, the appellant merely showed the bag
containing the shabu and held on to it before it was
confiscated. There is no evidence that the poseur-
buyer talked about and agreed with the appellant on
the purchase price of the shabu. There is no
evidence that the appellant handed over the shabu to
the poseur buyer.
People v. Yang, GR 148077, 2/16/04
The consummation of the crime charged herein
may be sufficiently established even in the absence
of an exchange of money. The offer to sell and then
the sale itself arose when the poseur-buyer showed
the money to appellant, which prompted the latter to
show the contents of the carton, and hand it over to
the poseur-buyer. Mere showing of the said regulated
drug does not negate the existence of an offer to sell
or an actual sale. The absence of actual or
completed payment is irrelevant, for the law itself
penalizes the very act of delivery of a dangerous
drug, regardless of any consideration. Payment of
consideration is likewise immaterial in the distribution
of illicit drugs.
People v. Chua, GR 149878, 7/1/03
In a prosecution for illegal possession of a
dangerous drug, mere possession of a regulated
drug without legal authority is punishable under the
Dangerous Drugs Act. Lack of criminal intent or good
faith does not exempt appellants from criminal
liability.
People v. Cadley, GR 150735, 3/15/04
A prior surveillance is not a prerequisite for the
validity of an entrapment or buy- bust operation, the
conduct of which has no rigid or textbook method.
Page 104 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

People v. Del Norte, GR 149462, 3/31/04 (4) Black jack, lucky nine,
In a prosecution for illegal possession of poker and its
dangerous drugs, the following facts must be proven derivatives, monte,
with moral certainty: (1) that the accused is in baccarat, cuajo,
possession of the object identified as a prohibited or pangguigue and other
regulated drug; (2) that such possession is not card games
authorized by law; and (3) that the accused freely
and consciously possessed the said drug. In this (5) Pak que, high and low,
case, proof of the accused’s ownership of the house mahjong, domino and
where the prohibited drugs were discovered is other games using
necessary. plastic tiles and the
like

(6) Slot machines,

roulette, pinball and
other mechanical
contraptions and
TITLE SIX
devices
CRIMES AGAINST PUBLIC MORALS
(7) Dog racing, boat
racing, car racing and
other forms of races

(8) Basketball, boxing,

P.D. 1602. PRESCRIBING STIFFER
PENALTIES IN ILLEGAL GAMBLING
(Repealed Art. 195-199 RPC, PD 483 betting law,
and PD 449 cockfighting law)
PENALTY ACTS PUNISHED
Prision correccional, 1. Any person who shall
medium or fine directly or indirectly
ranging from P1,000 take part in any illegal
to P6,000 or unauthorized
activities or games of:
In case of recidivism:
Prision mayor, (1) Cockfighting, jueteng,
medium or fine jai-alai or horse racing
ranging from P5,000 to include
QuickTime™ and a
TIFF (Uncompressed) decompressor
bookie
to P10,000 are needed to operations
see this picture. and game
fixing, numbers, bingo
and other forms of
lotteries
(2) Cara y cruz, pompiang
and the like
(3) 7-11 and any game
using dice
volleyball, bowling,
pingpong and other
forms of individual or
team contests to
include game fixing,
point shaving and
other machinations
(9) Banking or percentage
game, or any other
game or scheme,
whether upon chance
or skill, wherein
wagers consisting of
money, articles of
value or representative
of value are at stake or
made
2. Any person who
KNOWINGLY permits
any form of gambling
in an inhabited or
uninhabited place or in
any building, vessel or
other means of
transportation owned
or controlled by him
Prision correccional 1. Gambling in place with
maximum, fine of reputation of gambling,
P6,000 frequent gambling

Page 105 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
place, government
building or barangay
hall
2. Maintainer or
conductor of above
gambling schemes
Prison mayor, Government official Æ
medium, with maintainer, conductor,
temporary absolute banker of gambling
disqualification or fine schemes; player,
of P6,000 promoter, referee, umpire,
judge or coach in case of
game fixing, point shaving
and machination
Prision correccional Any person who knowingly
medium or fine P400 and without lawful purpose
to P2,000 possess lottery list, paper
or other matter containing
letters, figures, signs or
symbols pertaining to or in
any manner used in the
games of jueteng, jai-alai
or horse racing bookies,
and similar games of
lotteries and numbers
which have taken place or
about to take place
Temporary absolute Barangay official who with
disqualification knowledge of gambling
house/place in his
jurisdiction fails to abate or
take action
Prision correccional Security officer,
maximum or fine watchman, private or
P500 to P2000 house detective of hotels,
villages, buildings,
enclosures and the like
which have reputation of
gambling place or where
gambling activities are
being held
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
NOTES:
ƒ Playing for money is not a necessary
element. The law’s purpose is to prohibit
absolutely those games.
ƒ Any other games if with wager of money,
articles, or value are at stake or made
ƒ Individual/team contests: game-fixing, point-
shaving, other machinations
ƒ Spectators are not liable: must directly or
indirectly take part; The law does not make it
an offense to be present in a gambling
house.
ƒ A game or scheme is punishable even if
winning depends upon skill as long as
wagers (consisting of money, articles of
value or representative of value) are at stake
or made.
Lottery:
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount or
value which is in the nature of prize
NOTES:
ƒ Distribution of prizes by chance
ƒ No lottery where there is full value of
money(criminal case-Olsen), but if
inducement to win prize is reason for
purchase/subscription/others then even if full
value for money is received—still
lottery(Administrative Code, postal law-El
Debate)
ƒ Proof that game took place or is about to
take place is not necessary; burden of
evidence is shifted to accused to show that
his possession is lawful or is not connected
with jueteng game; but proof to the contrary
is necessary when jueteng lists pertain to
games played on other dates
MAINTAINER – person who sets up and furnishes
means to carry on gambling or scheme
CONDUCTOR – person who manages or carries on
gambling game or scheme
ART. 196: IMPORTATION, SALE AND
POSSESSION OF LOTTERY TICKETS OR
ADVERTISEMENTS
(ALREADY REPEALED)
P.D. No. 483: BETTING, GAME-FIXING OR
POINT-SHAVING AND MACHINATIONS IN
SPORT CONTESTS
NOTES:
ƒ BETTING - betting money or any object or
article of value or representative of value
upon the result of any game, races and other
sports contests
Page 106 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ƒ GAME-FIXING – any arrangement,
combination, scheme or agreement by which
the result of any game, races or sports
contests shall be predicted and/or knows
other than on the basis of the honest playing
skill or ability of the players or participants
ƒ POINT-SHAVING – any such arrangement,
combination, scheme or agreement by which
the skill of ability of any player or participant
in a game, races or sports contests to make
points or scores shall be limited deliberately
in order to influence the result thereof in favor
of one or the other team, player or participant
therein
ƒ GAME MACHINATION – any other
fraudulent, deceitful, unfair or dishonest
means, method, manner or practice
employed for the purpose of influencing the
result of any game, races or sports contests
ƒ Clearance for arrest, detention or prosecution
– No person who voluntarily discloses or
denounces to the President of the Philippine
Amateur Athletic Federation or to the
National Sports Association concerned
and/or to any law enforcement/police
authority any of the acts penalized by this
Decree shall be arrested, detained and or
prosecuted except upon prior written
clearance from the President of the
Philippines and/or the Secretary of National
Defense
ART. 198: ILLEGAL BETTING ON HORSE RACES
(ALREADY REPEALED)
COCKFIGHTING LAW OF 1974
Holding of Cockfights – Cockfighting shall be
allowed only in licensed cockpits:
QuickTime™ and a
TIFF (Uncompressed) decompressor
1. Sundays are needed to see this picture.
2. Legal Holidays, except: December 30, June
12, November 30, Holy Thursday, Good
Friday, Election or Referendum Day and
during Registration Days for such election or
referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture,
commercial or industrial fair, carnival or
exposition for a similar period of three days
upon resolution, subject to approval of Chief
of Constabulary or his authorized
representative—not allowed within month of
local fiesta of for more than two occasions a
year in same city or municipality
Cockfighting for Entertainment of Tourists or for
Charitable Purposes: Chief of Constabulary or his
authorized representative may also allow the holding
of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For support of national fund-raising
campaigns for charitable purposes as may
be authorized by the Office of the President,
upon resolution of a provincial board, city or
municipal council
- In licensed cockpits or in playgrounds or
parks
- Extended for only one time, for a period not
exceeding 3 days, within a year to a province,
city or municipality
NOTES:
ƒ Permitting gambling of any kind in cockpit is
punished under the same Decree (Owner,
manger or lessee of cockpit that permits
gambling shall be criminally liable)
ƒ Spectators in cockfight are not liable unless
he participates as bettor
NOTES:
ƒ Gambling in all its forms, unless allowed by
law, is generally prohibited. The prohibition
does not mean that the Government cannot
regulate it in the exercise of police power.
ƒ There are particular days where Cockfighting
and Horse Racing are allowed. Betting in
Horse Races is allowed during periods
provided by law but betting in cockfights is
prohibited at all times.
ƒ Sports Contests: Betting, Game-fixing, Point-
Shaving, Game Machinations prohibited
Chapter Three - OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
Page 107 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ART. 200: GRAVE SCANDAL
Elements:
1. That the offender performs an act;
2. That such act/s be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the
RPC; and
4. That the act/s complained of be committed in
a public place or within the public knowledge
or view.
ƒ Grave scandal consists of acts which are
offensive to decency and good customs. They
are committed publicly and thus, give rise to
public scandal to persons who have accidentally
witnessed the acts. The public view is not
required. It is sufficient if committed in public
place. For being committed within the public
knowledge, it may occur even in a private place;
the number of people who sees it is not material.
ƒ Decency means properly observing the
requirements of modesty, good taste
ƒ Customs refer to established usage, social
conventions carried on by tradition and enforced
by social disapproval in case of violation.
ƒ The essence of grave scandal is publicity and
that the acts committed are not only contrary to
morals and good customs but must likewise be of
such character as to cause public scandal to
those witnessing it
.
ART. 201: IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS, AND
INDECENT SHOWS
Persons liable:
1. Those who publicly expound or proclaim
doctrines that are contrary to public morals.
2. Authors of obscene literature, published with
their knowledge in any form.
3. Editors publishingQuickTime™
such obscene and a literature.
TIFF (Uncompressed) decompressor
4. Owners or are operators of establishments
needed to see this picture.
selling obscene literature.
5. Those who exhibit indecent or immoral plays,
scenes, acts or shows in theaters, fairs,
cinemas or any other place.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature which are
offensive to morals.
Considered as obscene literature or immoral or
indecent plays, scenes or acts:
1. those w/c glorify criminals or condone
crimes;
2. those w/c serve no other purpose but to
satisfy the market for violence, lust or
pornography;
3. those w/c offend against any race or religion;
4. those w/c tend to abet the traffic and the use
of prohibited drugs; and
5. those that are contrary to law, public order,
morals, good customs, established policies,
lawful orders, decrees and edicts.
NOTES:
ƒ Morals imply conformity to generally
accepted standards of goodness or rightness
in conduct or character.
ƒ The test of obscenity is whether the matter
has a tendency to deprave or corrupt the
minds of those who are open to immoral
influences. A matter can also be considered
obscene if it shocks the ordinary and
common sense of men as indecency.
ƒ Mere nudity in paintings and pictures is not
obscene.
ƒ Pictures w/ a slight degree of obscenity
having no artistic value and being intended
for commercial purposes fall within this
article.
ƒ Publicity is an essential element.
ART. 202: VAGRANTS AND PROSTITUTES
Who are considered VAGRANTS:
1. Those who have no apparent means of
subsistence and who have the physical
ability to work yet neglect to apply
themselves to some useful calling;
2. Persons found loitering around public and
semi-public places without visible means of
support;
3. Persons tramping or wandering around the
country or the streets with no visible means
of support;
4. Idle or dissolute persons lodging in houses of
ill-fame;
5. Ruffians or pimps and those who habitually
associate with prostitutes (may include even
the rich); and
6. Persons found loitering in inhabited or
uninhabited places belonging to others,
without any lawful or justifiable reason,
Page 108 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

provided the act does not fall within any other

article of the RPC. TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
PROSTITUTES - women who habitually(not just 1
man) indulge in sexual intercourse or lascivious
conduct for money or profit (If a man indulges in the
same conduct, the crime committed is vagrancy.)
DISSOLUTE – lax, unrestrained, immoral (includes
maintainer of house of prostitution) Chapter One - PRELIMINARY PROVISIONS
RUFFIANS – brutal, violent, lawless

If fenced and with Trespass To

prohibition of entry Dwelling
If fenced and entered to Attempted theft ART. 203: WHO ARE PUBLIC OFFICERS
hunt/fish
If not fenced and with no Vagrancy Requisites:
prohibition of entry To be a public officer, one must be -
1. Taking part in the performance of public
functions in the Government, or performing
public duties as an employee, agent or
P.D. 1653 - MENDICANCY subordinate official, of any rank or class, in
the government or any of its branches; and
2. That his authority to take part in the
performance of public functions or to perform
Persons liable: public duties must be -
1. Mendicant – Those with no visible and legal a. by direct provision of the law, or
means of support, or lawful employment and b. by popular election, or
physically able to work but neglects to apply c. by appointment by competent
himself to lawful calling and instead uses begging authority.
as means of living (higher penalty if convicted 2
or more times) NOTES:
2. Any person who abets mendicancy by giving ƒ Public officers include every public servant
alms on public roads, sidewalks, parks and from the lowest to the highest rank provided
bridges except if given through organized that they exercise public functions.
agencies operating under rules and regulations of ƒ A government laborer is not a public officer.
Ministry of Public Information However, temporary performance by a
laborer of public functions makes him a
NOTE: Giving alms through organized agencies public officer.
operating under the rules and regulations of the
Ministry of Public Information is not a violation of the Malfeasance Doing of an act which a public officer
Mendicancy Law. should not have done
Misfeasance Improper doing of an act which a
person might lawfully do
Under R.A. 9344 persons below eighteen (18) Nonfeasance Failure of an agent to perform his
years of age shall be exempt from prosecution
QuickTime™ and a undertaking for the principal
for the crime of vagrancy and
TIFF (Uncompressed)prostitution
decompressor
are needed to see this picture.
under
Section 202 of the Revised Penal Code, of Misfeasance:
mendicancy under Presidential Decree No. 1. Knowingly rendering unjust judgment
1563, and sniffing of rugby under Presidential 2. Rendering judgment through negligence
Decree No. 1619, such prosecution being 3. Rendering unjust interlocutory order
inconsistent with the United Nations Convention 4. Malicious delay in the administration of
of the Rights of the Child: justice

Nonfeasance:
1. dereliction of duty in prosecution of offenses

Page 109 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

2. betrayal of trust by an attorney or solicitor – 2. That he renders judgment in a case

revelation of secrets submitted to him for decision;
3. That the judgment is manifestly unjust; and
Malfeasance: 4. That it is due to inexcusable negligence or
1. Direct bribery ignorance.
2. Indirect bribery
MANIFESTLY UNJUST JUDGMENT – manifestly
contrary to law that even a person having meager
Chapter Two - MALFEASANCE AND knowledge of law cannot doubt the injustice; not
MISFEASANCE IN OFFICE abuse of discretion or mere error of judgment

ART. 206: UNJUST INTERLOCUTORY

ART. 204: KNOWINGLY RENDERING AN ORDER
UNJUST JUDGMENT

Elements: Elements:
1. That the offender is a judge; and
1. That the offender is a judge; 2. That he performs any of the following acts:
2. That he renders a judgment in the case a. knowingly renders an unjust
submitted to him for decision; interlocutory order or decree, or
3. That the judgment is unjust; and b. renders a manifestly unjust
4. That the judge knows that the decision is interlocutory order or decree through
unjust. inexcusable negligence or ignorance.
NOTES: INTERLOCUTORY ORDER - one issued by the court
ƒ A judgment is a final consideration and deciding a collateral or incidental matter; it is not a
determination by a court of competent final determination of the issues of the action or
jurisdiction of the issues submitted to it in an proceeding
action or proceeding.
ƒ An unjust judgment is one which is contrary
to law, or not supported by the evidence, or
both. ART. 207: MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
An unjust judgment may result from:
1. error (w/ bad faith) Elements:
2. ill-will or revenge 1. That the offender is a judge;
3. bribery 2. That there is a proceeding in his court;
3. That he delays the administration of justice;
ƒ There must be evidence that the decision and
rendered is unjust. It is not presumed. 4. That the delay is malicious, that is, the delay
ƒ Knowingly – deliberately or maliciously, is caused by the judge with deliberate intent
conscious and deliberate intent to do an to inflict damage on either party in the case.
injustice; (no liability if error in good faith)
ƒ Abuse of discretion or mere error of judgment NOTE: Mere delay without malice is not punishable.
cannot likewise serve as
QuickTime™ and a
TIFF (Uncompressed) basis for rendering
decompressor
an unjust judgment in the absence of proof or
are needed to see this picture.

an allegation of bad faith (motive or improper

consideration). ART. 208: PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE

ART. 205: JUDGMENT RENDERED THROUGH Acts punishable:

NEGLIGENCE 1. By maliciously refraining from instituting
prosecution against violators of the law
Elements: 2. By maliciously tolerating the commission of
1. That the offender is a judge; offenses

Page 110 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
Dereliction of duty in the prosecution 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
(a) the prosecution of the criminal
(People vs. Rosales, G.R. no.
42648) or
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a
consideration for his conduct, crime
is direct bribery.) and
3. That the offender acts with malice and
deliberate intent to favor the violator of the
law.
NOTES:
ƒ Prevaricacion means the negligence and
tolerance in the prosecution of an offense.
ƒ There must be a duty on the part of the
public officer to prosecute or move for the
prosecution of the offender. However, a fiscal
is under no compulsion to file an information
based upon a complaint if he is convinced
that the evidence before him is insufficient to
warrant filing an action in court.
ƒ The crime must be proved first before an
officer can be convicted of dereliction of duty.
ƒ “Maliciously” signifies deliberate evil intent; a
dereliction of duty caused by poor judgment
or honest mistake is not punishable.
ƒ A public officer who harbors, conceals, or
assists in the escape of an offender, when it
is his duty to prosecute him, is liable as
principal in the crime of dereliction of duty in
the prosecution of offenses. He is not an
accessory.
ƒ This article not applicable to revenue officers.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ART. 209: BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR – REVELATION OF
SECRETS
Acts punishable:
1. Causing damage to client either
a. by any malicious breach
professional duty, or
b. by inexcusable negligence or
ignorance.
2. Revealing any of the secrets of his client
learned by him in his professional capacity.
Here, damage is not necessary.
3. Undertaking the defense of the opposing
party in the same case, without the consent
st
of his 1 client, after having undertaken the
defense of a client or having received
confidential information from said client.
ART. 210: DIRECT BRIBERY
Elements:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise
or receives a gift or present by himself or
through another;
3. That such offer or promise be accepted or
gift/present received by the public officer
(Mere agreement consummates the crime
and delivery of consideration is not
necessary) -
a. with a view to committing some crime;
b. in consideration of an execution of an act
which does not constitute a crime, but
the act must be unjust; (contemplates an
accepted gift, and an overt act)
c. to refrain from doing something which is
his official duty to do; (should not be a
crime)
4. That the act which the offender agrees to
perform or which he executes be connected
with the performance of his official duties.
(need not be a statutory duty)
NOTES:
ƒ For purposes of this article, temporary
performance of public functions is sufficient
to constitute a person a public officer. A
private person may commit this crime only in
the case in which custody of prisoners is
entrusted to him.
ƒ Applicable also to assessors, arbitrators,
appraisal and claim commissioners, experts
or any other person performing public duties.
ƒ This felony cannot be frustrated. It may only
be attempted or consummated.
of Bribery exists when the gift is:
1. voluntarily offered by a private person
Page 111 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. solicited by the public officer and voluntarily
delivered by the private person
3. solicited by the public officer but the private
person delivers it out of fear of the
consequences should the public officer
perform his functions (Here, the crime by the
giver is not corruption of public officials due
to his involuntariness.)
ƒ Actual receipt of the gift is not necessary. An
accepted offer or promise of a gift is sufficient.
However, if the offer is not accepted, only the
person offering the gift is liable for attempted
corruption of a public officer.
ƒ The gift must have a value or be capable of
pecuniary estimation. It could be in the form of
money, property or services.
ƒ If the act required of the public officer amounts to
a crime and he commits it, he shall be liable for
the penalty corresponding to the crime.
ƒ The crime of bribery cannot be complexed with or
absorbed by other crimes as the penalty for
bribery is in addition to the penalties for those
other crimes.
ƒ The third type of bribery and prevaricacion (art
208) are similar offenses, both consisting of
omissions to do an act required to be performed.
In direct bribery however, a gift or promise is
given in consideration of the omission. This
element is not necessary in prevaricacion.
BRIBERY (210) ROBBERY (294)
When the victim has When the victim did
committed a crime and not commit a crime
gives money/gift to avoid and he is intimidated
arrest or prosecution. with arrest and/or
prosecution to deprive
him of his personal
property.
Victim parts with his money Victim is deprived of
or property voluntarily. his money or property
by force or
intimidation.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ANTI-GRAFT AND CORRUPT PRACTICES ACT
R.A. NO. 3019
Persons Liable:
1. Any public officer who shall perform any of the
following acts:
a. Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an
offense in connection with the official duties
of the latter, or allowing himself to be
persuaded, induced, or influenced to commit
such violation or offense.
NOTE: Persuasion need not be successful. The
gravamen of the offense is the persuasion.
a. Directly or indirectly requesting or receiving
any gift, present, share, percentage, or
benefit for himself or for any other person in
connection with any contract or transaction
between the government and any other
party wherein the public officer in his official
capacity has to intervene under the law.
b. Directly, or indirectly requesting or receiving
any gift, present, or other pecuniary or
material benefit, for himself or for another,
from any person for whom the public officer,
in any manner or capacity, has secured or
obtained, or will secure or obtain, any
Government permit or license, in
consideration for the help given or to be
given.
NOTE: If the act does not fall under b and c,
then Art. 210, direct bribery, may apply.
(Justice Peralta)
d. Accepting or having any member of his
family accept employment in a private
enterprise which has pending official
business with him during the pendency
thereof or within one year after its
termination.
NOTE: The act is mala prohibita. Hence,
the public official need not have even
recommended the employment. (Justice
Peralta)
e. Causing any undue injury to any party,
including the Government, or giving any
private party any unwarranted benefits,
advantage, or preference in the discharge of
his official, administrative or judicial function
through manifest partiality, evident bad faith
or gross inexcusable negligence. This
Page 112 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other concessions.
NOTES:
ƒ The best defense is that the partiality was
not manifest. That the partiality is manifest
is a heavy burden on the prosecution.
(Justice Peralta).
ƒ Another defense is the Arias doctrine. The
defense applies in a case where the accused
is an approving officer and is on trial for
signing an unjust contract.
ƒ The defense is that the approving officer
relied on the prior signatures of his
subordinates and had no reason to suspect
wrong-doing and was swamped with a lot of
documents on that day that he signed.
ƒ There is no attempted or frustrated stage of
the crime defined in Sec. 3(e) of R.A. No.
3019.
f. Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter
pending before him for the purpose of
obtaining directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or for the purpose of favoring his own interest
or giving undue advantage in favor of or
discriminating against any other interested
party.
g. Entering, on behalf of the Government, into
any contract or transaction manifestly and
grossly disadvantageous to the same,
whether or not the public officer profited or
will profit thereby.
ƒ In determining whether the contract was
manifestly and grossly disadvantageous,
it is not merely consideration of the
pecuniary amount involved. (Justice
QuickTime™ and a
Peralta)
TIFF (Uncompressed) decompressor
are needed to see this picture.
h. Directly or indirectly having financial or
pecuniary interest in any business, contract
or transaction in connection with which he
intervenes or take part in his official
capacity, or in which he is prohibited by the
constitution or by any law from having any
interest.
• Under the Code of Professional Conduct,
the public officer MUST divest his
interest.
i. Directly or indirectly becoming interested, for
personal gain, or having a material interest in
any transaction or act requiring the approval
of a board, panel, or group of which he is a
member, and which exercises discretion in
such approval, even if he votes against the
same or does not participate in the action of
the board, committee, panel or group.
j. Knowingly approving or granting any license,
permit, privilege, or benefit in favor of any
person not qualified for or not legally entitled
to such license, permit, privilege, or
advantage, or of a mere representative or
dummy of one who is not so qualified or
entitled.
k. Divulging valuable information of a
confidential character, acquired by his office
or by him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized
release date.
2. Any person having family or close personal
relation with any public official who shall
capitalize or exploit or take advantage of such
family or close personal relation by directly or
indirectly requesting or receiving any present,
gift, or material, or pecuniary advantage from any
person having some business, transaction,
application, request, or contract with the
government in which such public official has to
intervene (Sec. 4)
3. Any person who shall knowingly induce or cause
any public official to commit any of the offenses
under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or
rd
affinity, within the 3 civil degree, of the
President of the Philippines, the Vice-President,
the President of the Senate, or Speaker of the
House of Representatives, who shall intervene,
directly or indirectly, in any business transaction,
contract or application with the government (Sec.
5).
This prohibition shall not apply to:
1. Any person who, prior to the assumption of
office of any of the above officials to whom
he is related, has been already dealing with
Page 113 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
the government along the same line of
business;
2. Any transaction, contract or application
already existing or pending at the time of
such assumption of public office;
3. Any application filed by him, the approval of
which is not discretionary on the part of the
official(s) concerned but depends upon
compliance with requisites provided by law,
or rules or regulations issued pursuant to
law;
4. Any act lawfully performed in an official
capacity or in the exercise of a profession.
5. Any member of Congress, during the term for
which he has been elected, who shall acquire or
receive any personal pecuniary interest in any
specific business enterprise which shall be
directly and particularly favored or benefited by
any law or resolution authored by him previously
approved or adopted by Congress during his
term.
6. Any public officer who recommended the initiation
in Congress of the enactment or adoption of any
law or resolution and acquires or receives such
interest during his incumbency.
• Unlawful for such member of Congress or
other public officer, who, having such interest
prior to the approval of such law or resolution
authored or recommended by him, continues
for 30 days after such approval to retain such
interest.
7. Any public officer who shall fail to file a true,
detailed and sworn statement of assets and
liabilities within 30 days after assuming office and
th
thereafter on or before the 15 day of April
following the close of every calendar year, as well
as upon the expiration of his term of office, or
upon his resignation or separation from office
(Sec. 7).
Prima Facie Evidence of and Dismissal Due to
QuickTime™ and a
Unexplained Wealth (Sec. 8) decompressor
TIFF (Uncompressed)
are needed to see this picture.
1. If a public official has been found to have
acquired during his incumbency, whether in
his name or in the name of other persons, an
amount of property and/or money manifestly
out of proportion to his salary and to his other
lawful income.
2. Properties in the name of the spouse and
dependents of such public official may be
taken into consideration, when their
acquisition through legitimate means cannot
be satisfactorily shown.
3. Bank deposits in the name of or manifestly
excessive expenditures incurred by the
public official, his spouse or any of their
dependents including but not limited to
activities in any club or association or any
ostentatious display of wealth including
frequent travel abroad of a non-official
character by any public official when such
activities entail expenses evidently out of
proportion to legitimate income.
NOTE: Competent court is the Sandiganbayan (Sec.
10).
General Rule: Prescriptive period is 15 years (Sec.
11).
Exceptions: Unsolicited gifts or presents of small
or insignificant value offered or given as a mere
ordinary token of gratitude of friendship according
to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).
NOTES:
ƒ No public officer shall be allowed to resign or
retire pending an investigation
ƒ Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment; maximum
duration of preventive suspension is 90 days;
acquittal Æ reinstatement and salaries and
benefits which he failed to receive
ƒ The courts are not bound by the statement of
assets and liabilities filed.
ƒ Penalty of forfeiture can be applied retroactively.
ART. 211: INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by
reason of his office.
NOTES:
ƒ The gift is given in anticipation of future favor
from the public officer.
ƒ There must be clear intention on the part of the
public officer to take the gift offered and consider
the property as his own for that moment. Mere
physical receipt unaccompanied by any other
sign, circumstance or act to show such
acceptance is not sufficient to convict the officer.
Page 114 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

ƒ There is no attempted or frustrated indirect bribery, and any corruption of public officials,
bribery. provided that:
ƒ Public officers receiving gifts and private persons 1. The information must refer to
giving gifts on any occasion, including Christmas, consummated violations of any of the
are liable under PD 46. above-mentioned provisions of law, rules
ƒ The criminal penalty or imprisonment is distinct and regulations
from the administrative penalty of suspension 2. Information and testimony are necessary
from the service. for the conviction of the accused public
officer, not in possession of the State,
and can be corroborated on its material
points
Direct bribery Indirect bribery
3. Informant or witness has not been
Officer agrees to perform Not necessary that the previously convicted of a crime involving
or refrain from doing an officer do an act. moral turpitude
act. 4. Immunity shall not attach should the
information and/or testimony is false and
malicious or made only for the purpose of
harassing, molesting or in any way
ARTICLE 211-A. QUALIFIED BRIBERY prejudicing the public officer denounced

ELEMENTS:
1. That the offender is a public officer
Chapter Three – FRAUDS AND ILLEGAL
entrusted with law enforcement;
EXACTIONS AND TRANSACTIONS
2. That he refrains from arresting/
prosecuting offender for crime punishable
by reclusion perpetua and/or death (if
lower penalty than stated above, direct ARTICLE 213. FRAUDS AGAINST THE PUBLIC
bribery is the crime); and TREASURY AND SIMILAR OFFENSES
3. In consideration of any offer, promise or
gift.
A. FRAUDS AGAINST PUBLIC TREASURY

ELEMENTS:
ARTICLE 212. CORRUPTION OF PUBLIC
1. That the offender be a public officer;
OFFICIALS
2. That he should have taken advantage of his
office, that is, he intervened in the
ELEMENTS:
transaction in his official capacity;
1. That the offender makes offers or promises 3. That he entered into an agreement with any
or gives gifts or presents to a public interested party or speculator or made use of
officer; and any other scheme with regard to (a)
2. That the offers or promises are made or the furnishing supplies (b) the making of
gifts or presents given to a public officer, contracts, or (c) the adjustment or settlement
under circumstances that will make the of account relating to a public property or
public officer liable for direct bribery or funds; and
indirect bribery. 4. That the accused had intent to defraud the
QuickTime™ and a
TIFF (Uncompressed) decompressor government.
• The offender is the giver
are needed ofthisthe
to see gift or the offeror
picture.

of the promise. The act may or may not be • The felony is consummated by merely entering
accomplished. into an agreement with any interested party or
• Bribery is usually proved by evidence acquired in speculator or by merely making use of any
entrapment scheme to defraud the Government.
• Under PD 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft
cases are immune from prosecution if they
voluntarily give any information about any
commission of direct, indirect, and qualified

Page 115 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

B. ILLEGAL EXACTIONS 3. That he commits any of the frauds or

deceits enumerated in art. 315 and 316.
ELEMENTS: (estafa, swindling)
1. The offender is a public officer entrusted
with the collection of taxes, licenses, fees • RTC has jurisdiction over the offense because
and other imposts; and the principal penalty is disqualification.
2. That he is guilty of any of the following acts
or omissions;
a. demanding, directly or indirectly the ARTICLE 215. PROHIBITED
payment of sums different from or TRANSACTIONS
larger than those authorized by law,
ELEMENTS:
or
1. That the offender is an appointive public
b. failing voluntarily to issue a
officer;
receipt, as provided by law, for any
2. That he becomes interested, directly or
sum of money collected by him
indirectly, in any transaction of exchange
officially, or
or speculation;
c. collecting or receiving, directly or
3. That the transaction takes place within the
indirectly, by way of payment or
territory subject to his jurisdiction; and
otherwise, things or objects of a
4. That he becomes interested in the
nature different from that provided
transaction during his incumbency.
by law.
• Examples of transactions of exchange or
• Mere demand of a larger or different amount is
speculation are buying and selling stocks,
sufficient to consummate the crime. The
commodities, land, etc. wherein one hopes to
essence is the improper collection and
take advantage of an expected rise or fall in price
damage to the government is not required.
Æ for gain or profit and not merely as investment
• If sums are received without demanding the
• Purchasing of stocks or shares in a company is
same, a felony under this article is not committed.
simple investment and not a violation of the
However, if the sum is given as a sort of gift or
article. However, regularly buying securities for
gratification, the crime is indirect bribery.
resale is speculation.
• When there is deceit in demanding larger fees,
• Appointive public officials should not devote
the crime committed is estafa.
himself to commerce
• This felony may be complexed with
malversation. Ex. A tax collector who collected
a sum larger than that authorized by law and ARTICLE 216. POSSESSION OF PROHIBITED
spent all of them is guilty of two crimes, namely: INTERESTS BY A PUBLIC OFFICER
(1) illegal exaction, for demanding a greater
amount; and (2) malversation for WHO ARE LIABLE:
misappropriating the amount collected. 1. Public officer who became interested in any
• A public officer who has the duty to collect taxes contract or business in which it is his official
is directly accountable to the Government for duty to intervene.
money he collected since such money acquires 2. Experts, arbitrators and private
the character of a public fund. accountants who took part in any contract or
• Officers and employees of the BIR or Customs transaction connected with the estate or
are not covered by QuickTime™
this article and a but by the NIRC property in the approval, distribution or
TIFF (Uncompressed) decompressor
or the Administrative
are needed Code.
to see this picture. adjudication of which they had acted.
3. Guardians and executors with respect to
property belonging to their wards or the
ART. 214. OTHER FRAUDS estate.

ELEMENTS: • Actual fraud is not necessary

1. That the offender is a public officer; • Intervention must be by virtue of public office held
2. That he takes advantage of his official • Act is punished because of the possibility that
position; and fraud may be committed or that the officer

Page 116 of 174

Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
may place his own interest above that of the
Government or of the party which he represents.
• Constitutional prohibitions exist
- Congress: cannot personally appear as
counsel, cannot be interested financially in
any franchise or special privilege granted by
government, cannot intervene in any matter
before office of Goevrnment
- Executive – cannot hold any other office
- Constitutional Commission – cannot hold any
other office, engage in practice of profession
AN ACT DEFINING AND PENALIZING THE
CRIME OF PLUNDER
RA 7080
DEFINITION OF ILL-GOTTEN WEALTH: Any asset,
property, business enterprise or material possession
of any person acquired by him directly or indirectly
through dummies, nominees, agents, subordinates,
and/or business associates by any combination or
series of the following means or similar schemes:
A. Through misappropriation, conversion,
misuse or malversation of public funds or
raids on the public treasury.
B. By receiving, directly or indirectly, any
commission, gift, share,
kickbacks or any other form of pecuniary
benefit from any person and/or entity in
connection with any government contract
or project or by reason of the office or
position of the public officer concerned;
C. By the illegal or fraudulent conveyance or
disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or instrumentalities or
government-owned or controlled corporations
and their subsidiaries;
D. By obtaining, receiving or accepting, directly
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
or indirectly, any shares of stock, equity or
any other form of interest or participation,
including the promise
employment in any business enterprise or
undertaking.
E. By establishing agricultural, industrial or
commercial monopolies
combinations, and/or implementation of
decrees and orders intended to benefit
particular persons or special interests;
F. By taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or
themselves at the expense and to the
damage or prejudice of the Filipino people
and the Republic of the Philippines.
PERSONS LIABLE:
A. Any public officer who, by himself or in
connivance with members of his family,
relatives by affinity or consanguinity,
business associates and subordinates or
other persons, amasses, accumulates, or
acquires ill-gotten wealth through a
combination or series of overt or criminal
acts as described under above in the
aggregate amount or total value of at least
50 million pesos, shall be guilty of the crime
of plunder (as amended by RA 7659).
B. Any person who participated with the said
public officer in the commission of plunder.
JURISDICTION: Sandiganbayan.
RULE OF EVIDENCE: For purposes of establishing
the crime of plunder, it shall not be necessary to
prove each and every criminal act done by the
accused in furtherance of the scheme and conspiracy
to amass, accumulate or acquire ill-gotten wealth, it
being sufficient to establish beyond reasonable doubt
a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
percentage,
PRESCRIPTION: 20 years. However, the right of
the State to recover properties unlawfully acquired
by public officers from them or from their nominees or
transferees shall not be barred by prescription,
laches or estoppel.
ESTRADA VS. SANDIGANBAYAN, GR NO. 148560,
NOVEMBER 21, 2001
what is meant by “combination” and “series” of
overt or criminal acts under the plunder law?
When the plunder law speaks of “combination”, it is
referring to at least two (2) acts falling under different
of future categories of enumeration provided in sec. 1, par. (d).
example: raids on the public treasury in sec. 1, par.
(d), subpar. (1), and fraudulent conveyance of assets
belonging to the national government under sec. 1
or other par. (d), subpar. (3).
On the other hand, to constitute a “series” there
must be two (2) or more overt or criminal acts falling
under the same category of enumeration found in
Page 117 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
sec. 1, par. (d), say, misappropriation, malversation
and raids on the public treasury, all of which falls
under sec. 1, par. (d), subpar. (1). verily, had the
legislature intended a technical or distinctive meaning
for “combination” and “series”, it would have taken
greater pains in specially providing for it in the law.
Joseph Ejercito Estrada vs. Sandiganbayan, G.R.
No. 148560, November 21, 2001
is the crime of plunder malum in se or malum
prohibitum?
Plunder is a crime of malum in se because the
constitutive crimes are mala in se. the elements of
mens rea must be proven in a prosecution for
plunder. moreover, any doubt as to whether the
crime of plunder is malum in se must be deemed
to have been resolved in the affirmative decision
of congress in 1993 to include it among the
heinous crimes punishable by reclusion perpetua
to death. the legislative declaration in r.a. 7659
that plunder is a heinous offense implies that it is
malum in se. for when the acts punished are
inherently immoral or inherently wrong, they are
mala in se and it does not matter that such acts
are punished in a special law, especially since in
the case of plunder the predicate crimes are
mainly mala in se.
Chapter Four – MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
ARTICLE 217. MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
ELEMENTS:
1. That the offender be a public officer (or
private person if entrusted with public
funds or if in connivance with public
officers); TIFF (Uncompressed)
QuickTime™ and a
decompressor
2. That he had the custody or control of
are needed to see this picture.
funds or property (if not accountable for the
funds, crime committed is theft or qualified
theft);
3. That those funds or property were public
funds or property (even if private funds,
they become public if attached, seized,
deposited or commingled with public funds);
and
4. That he…
a. Appropriated the funds or property
b. Took or misappropriated them
c. Consented or, through abandonment
or negligence, permitted any other
person to take such public funds or
property.
• It is not necessary that the offender profited
by his malversation. His being remiss in the duty
of safekeeping public funds violates the trust
reposed.
• Public funds taken need not be misappropriated.
• Malversation is otherwise called embezzlement.
• It can be committed either with malice or
through negligence or imprudence (penalty is
the same).
• In determining whether the offender is a public
officer, what is controlling is the nature of his
office and not the designation - contemplates
public officer who receives money or property
from government for which he is bound to
account, must have authority to collect or receive
• The funds or property must be received in an
official capacity. Otherwise, the crime
committed is estafa.
• Government funds include revenue funds and
trust funds. If funds or property placed in custody
of public officer, and they are accountable, such
funds or property partake nature of a public fund.
• A public officer who has qualified charge of
gov’t property without authority to part with its
physical possession upon order of an immediate
superior cannot be held liable under this
article.
• A qualified charge of properties does not qualify
to possession contemplated in the crime of
malversation where the possessor is only
accountable to his immediate superior and not
the government; his superior is the one
accountable to the government
• Private individuals can also be held liable for
malversation under 2 circumstances:
1. when they are in conspiracy with public
officers; and
2. when they have charge of national,
provincial or municipal funds, revenues
or property in any capacity.
• In malversation through negligence, the
negligence of the accountable public officer must
be positively and clearly shown to be
inexcusable, approximating fraud or malice. The
measure of negligence to be observed is the
standard of care commensurate with the
occasion.
Page 118 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• When malversation is not committed through
negligence, lack of criminal intent or good faith is
a defense.
• The failure of a public officer to have any duly
forthcoming public funds or property upon
demand, by any authorized officer, shall be prima
facie evidence that he has put such missing
funds or property to personal use. However, if at
the very moment when the shortage is
discovered, the accountable officer is notified,
and he immediately pays the amount from his
pocket, the presumption does not arise.
• Returning the embezzled funds is not an
exempting circumstance but only mitigating.
• There is also no malversation when the
accountable officer is obliged to go out of his
office and borrow the amount corresponding to
the shortage and later, the missing amount is
found in an unaccustomed place.
• A person whose negligence made possible the
commission of malversation by another can be
held liable as a principal by indispensable
cooperation.
• Demand by or damage to the government are not
necessary elements of the crime of malversation.
MALVERSATION (217) ESTAFA WITH
ABUSE OF
CONFIDENCE (315)
Funds or property usually Funds/property are
public always private
Offender is usually a public Offender is a private
officer who is accountable for individual or even a
the public funds/property public officer who is
not accountable for
public funds/property
Crime is committed by Crime is committed by
appropriating, taking, or misappropriating,
misappropriating/consentin converting, or
g, or through abandonment denying having
or negligence, permitting received money,
any other person to take the goods or other
public funds/property personal property
QuickTime™ and a
People v. Hipol, GR TIFF 140549,
(Uncompressed)7/22/03
decompressor
are needed to see this picture.
The fact that the obligation to deposit the collections
of the City Treasurer's Office is not covered by
appellant's official job description is of no legal
consequence in a prosecution for Malversation. What
is essential is that appellant had custody or control of
public funds by reason of the duties of his office.
ARTICLE 218. FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNT FAILURE
OF ACCOUNTABLE OFFICER TO RENDER
ACCOUNT
ELEMENTS:
1. That the offender is a public officer, whether
in the service or separated therefrom;
2. That he must be an accountable officer for
public funds or property;
3. That he is required by law or regulation to
render accounts to the Commission on
Audit, or to a provincial auditor; and
4. That he fails to do so for a period of two
months after such accounts should be
rendered.
• Demand and misappropriation are not necessary.
ARTICLE 219. FAILURE OF A
RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY
ELEMENTS:
1. That the offender is a public officer;
2. That he must be an accountable officer for
public funds or property; and
3. That he must have unlawfully left (or be on
the point of leaving) the Philippines
without securing from the Commission on
Audit a certificate showing that his accounts
have been finally settled.
• The act of leaving the Philippines must be
unauthorized or not permitted by law.
ARTICLE 220. ILLEGAL USE OF PUBLIC FUNDS
OR PROPERTY
ELEMENTS OF TECHNICAL MALVERSATION:
1. That the offender is a public officer;
2. That there is public fund or property under
his administration;
3. That such public fund or property has been
appropriated by law or ordinance (without
this, it is simple malversation) ; and
4. That he applies the same to a public use
other than for which such fund or property
has been appropriated by law or ordinance.
• To distinguish this article with Art 217
(malversation), in illegal use of public funds or
property, the offender does not derive any
personal gain, the funds are merely devoted
to some other public use.
• Absence of damage is only a mitigating
circumstance.
Page 119 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
ARTICLE 221. FAILURE TO MAKE DELIVERY
OF PUBLIC FUNDS OR PROPERTY
ACTS PUNISHED:
1. By failing to make payment by a public officer
who is under obligation to make such
payment from Government funds in his
possession
2. By refusing to make delivery by a public
officer who has been ordered by competent
authority to deliver any property in his
custody or under his administration (must be
malicious)
ELEMENTS:
1. That the public officer has gov’t. funds or
property in his possession.
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by
competent authority; and
3. That he maliciously fails or refuses to do
so.
• Penalty is based on value of funds/property to be
delivered.
ARTICLE 222. OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
PERSONS LIABLE UNDER ART. 217 TO 221:
1. Private individual who, in any capacity,
have charge of any national, provincial or
municipal funds, revenue, or property.
Example: a withholding tax agent
2. Administrator or depositary of funds or
property that has been attached, seized or
deposited by public authority, even if owned
by a private individual.
• Sheriffs and receivers fall under the term
“administrator”
• Judicial administrator not covered by this
article.(Appointed toQuickTime™
administer
and a
TIFF (Uncompressed) decompressor
estate of
deceased and not in charge of property attached,
are needed to see this picture.
impounded or placed in deposit by public
authority)
• Private property is included if it is attached,
seized or deposited by public authority.
Chapter Five – INFIDELITY OF PUBLIC
OFFICERS
ARTICLE 223. CONNIVING WITH OR
CONSENTING TO EVASION
ELEMENTS:
1. That the offender is a public officer (on
duty);
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escaped from his
custody; and
4. That he was in connivance with the prisoner
in the latter’s escape.
• DETENTION PRISONER - A person becomes a
detention prisoner from the moment he is
booked. This refers to the accomplishment of
the booking sheet and made to fill a form (sic)
where he is finger printed. From that time on, he
is already a detention prisoner even if he is not
yet incarcerated.” (ApostThe ol)
• The release of a detention prisoner who could not
be delivered to judicial authorities within the time
fixed by law is not infidelity in the custody of a
prisoner. Neither is mere leniency or laxity in the
performance of duty constitutes of infidelity.
• There is real and actual evasion of service of
sentence when the custodian permits the
prisoner to obtain a relaxation of his
imprisonment.
ARTICLE 224. EVASION THROUGH
NEGLIGENCE
ELEMENTS:
1. That the offender is a public officer;
2. That he is charged with the conveyance or
custody of a prisoner, either detention
prisoner or prisoner by final judgment; and
3. That such prisoner escapes through his
negligence.
NOTES:
• The article punishes a definite laxity which
amounts to deliberate non-performance of
a duty.
Page 120 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
• The fact that the public officer recaptured
the prisoner who had escaped from his
custody does not afford him complete
exculpation.
• The liability of an escaping prisoner:
a. if he is a prisoner by final judgment,
he is liable for evasion of service
(art 157)
b. if he is a detention prisoner, he
does not incur criminal liability
(unless cooperating with the
offender).
• The negligent public officer suffers the same
penalty regardless of whether the prisoner is
a convict or merely a detention prisoner.
ARTICLE 225. ESCAPE OF PRISONER UNDER
THE CUSTODY OF A PERSON NOT A PUBLIC
OFFICER
ELEMENTS:
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; and
4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
negligence.
• This article is not applicable if a private person
made the arrest and he consented to the escape
of the person he arrested.
ARTICLE 226. REMOVAL, CONCEALMENT,
OR DESTRUCTION OF DOCUMENTS
ELEMENTS OF INFIDELITY IN CUSTODY OF
DOCUMENTS:
1. That the offender be a public officer;
2. That he abstracts, destroys or conceals a
QuickTime™ and a
document orTIFFpapers;
(Uncompressed) decompressor
are needed to see this picture.
3. That the said document or paper should have
been entrusted to such public officer by
reason of his office; and
4. That damage, whether serious or not, to a
third party or to the public interest should
have been caused.
NOTES:
• 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” would include checks, promissory
notes and paper money.
• A post office official who retained the mail
without forwarding the letters to their
destination is guilty of infidelity in the custody
of papers.
• Removal of a document or paper must be for
an illicit purpose. There is illicit purpose
when the intention of the offender is to:
a. tamper with it,
b. to profit by it, or
c. to commit any act constituting a breach
of trust in the official care thereof.
• Removal is consummated upon removal or
secreting away of the document from its usual
place. It is immaterial whether or not the illicit
purpose of the offender has been accomplished.
• Infidelity in the custody of documents through
destruction or concealment does not require
proof of an illicit purpose.
• Delivering the document to the wrong party is
infidelity in the custody thereof.
• The damage may either be great or small.
• The offender must be in custody of such
documents because of his official capacity.
ARTICLE 227. OFFICER BREAKING SEAL
ELEMENTS:
1. That the offender is a public officer;
2. That he is charged with the custody of
papers or property;
3. That these papers or property are sealed by
proper authority; and
4. That he breaks the seals or permits them to
be broken.
• It is the breaking of the seals and not the
opening of a closed envelope which is punished.
• Damage or intent to cause damage is not
necessary; damage is presumed.
ARTICLE 228. OPENING OF CLOSED
DOCUMENTS
ELEMENTS:
1. That the offender is a public officer;
Page 121 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
2. That any closed papers, documents, or
objects are entrusted to his custody;
3. That he opens or permits to be opened said
closed papers, documents or objects; and
4. That he does not have proper authority.
Damage is not necessary.
Article 229. Revelation of secrets by an officer.
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY
REASON OF HIS OFFICIAL CAPACITY):
1. That the offender is a public officer;
2. That he knows of a secret by reason of his
official capacity;
3. That he reveals such secret without authority
or justifiable reasons; and
4. That damage, great or small, be caused to
the public interest.
ƒ Secret must affect public interest.
ƒ Secrets of a private individual is not included.
ƒ Espionage for the benefit of another State is
not contemplated by the article. If regarding
military secrets or secrets affecting state
security, the crime may be espionage.
ELEMENTS OF PAR. 2 (WRONGFULLY
DELIVERING PAPERS OR COPIES OF PAPERS
OF WHICH HE MAY HAVE CHARGE AND WHICH
SHOULD NOT BE PUBLISHED):
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 third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest.
ƒ CHARGE means custody or control. If he
is merely entrusted with the papers and not
with the custody thereof, he is not liable
under this article.
ƒ If the papers contain secrets which should
QuickTime™ and a
not be published, and
TIFF (Uncompressed) the public officer
decompressor
are needed to see this picture.
having charge thereof removes and delivers
them wrongfully to a third person, the crime
is revelation of secrets. On the other hand, if
the papers do not contain secrets, their
removal for an illicit purpose is infidelity in
the custody of documents.
ƒ Damage is essential to the act committed.
ARTICLE 230. PUBLIC OFFICER REVEALING
SECRETS OF PRIVATE INDIVIDUAL.
ELEMENTS:
1. That the offender is a public officer;
2. That he knows of the secret of a private
individual by reason of his office; and
3. That he reveals such secrets without
authority or justifiable reason.
ƒ Revelation to one person is sufficient.
ƒ If the offender is an attorney, he is properly
liable under Art. 209 (betrayal of trust by an
attorney).
ƒ Damage to private individual is not
necessary.
Chapter Six - OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS
ARTICLE 231. OPEN DISOBEDIENCE.
ELEMENTS:
1. That the offender is a judicial or executive
officer;
2. That there is a judgment, decision or order
of superior authority;
3. That such judgment, decision or order was
made within the scope of the jurisdiction of
the superior authority and issued with all the
legal formalities; and
4. That the offender without any legal
justification openly refuses to execute the
said judgment, decision or under which he is
duty bound to obey.
ƒ Judgment should have been rendered in a
hearing and issued within proper jurisdiction
and with all required legal solemnities.
ARTICLE 232. DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER; WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER.
ELEMENTS:
1. That the offender is a public officer;
2. That an order is issued by his superior for
execution;
3. That he has for any reason suspended the
execution of such order;
Page 122 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
4. That his superior disapproves the
suspension of the execution of the order; and
5. That the offender disobeys his superior
despite the disapproval of the suspension.
ƒ A public officer is not liable if the order of the
superior is illegal.
ARTICLE 233. REFUSAL OF ASSISTANCE.
ELEMENTS:
1. That the offender is a public officer;
2. That a competent authority demands from
the offender that he lend his cooperation
towards the administration of justice or other
public service; and
3. That the offender fails to do so maliciously.
ƒ This felony involves a request from one
public officer to another.
ƒ Damage to the public interest or third party is
essential.
ƒ Demand is necessary.
ƒ Demand must be from competent authority
ARTICLE 234. REFUSAL TO DISCHARGE
ELECTIVE OFFICE.
ELEMENTS:
1. That the offender is elected by popular
election to a public office;
2. That he refuses to be sworn in or
discharge the duties of said office;
3. That there is no legal motive for such
refusal to be sworn in or to discharge the
duties of said office.
ƒ If the elected person is disqualified, his
refusal to be sworn in or to discharge the
duties of the office is justified.
ƒ Refusal to discharge the duties of an
appointive office is not covered by this
article.
QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.
ARTICLE 235. MALTREATMENT OF PRISONERS.
ELEMENTS:
1. That the offender is a public officer or
employee;
2. That he has charge of a prisoner or
detention prisoner (otherwise the crime is
physical injuries); and
3. That he maltreats such prisoner in either of
the following manners:
a. by overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge either –
i. by the imposition of punishments
not authorized by the regulations,
or
ii. by inflicting such punishments
(those authorized) in a cruel and
humiliating manner, or
b. by maltreating such prisoner to extort a
confession or to obtain some
information from the prisoner.
The public officer must have actual charge of the
prisoner in order to be held liable (not merely by
legal fiction)
1. Offended party: Convict by final judgment or
detention prisoner
ƒ To be considered a detention prisoner,
the person arrested must be placed in jail
even for just a short time.
ƒ Maltreatment not due to personal grudge.
2. Offender may also be held liable for
physical injuries or damage caused.
(Penalty provided in Article 235 is imposed in
addition to penalty for injury or damage
caused)
ARTICLE 236. ANTICIPATION OF DUTIES OF A
PUBLIC OFFICE.
ELEMENTS:
1. That the offender is entitled to hold a public
office or employment, either by election or
appointment;
2. That the law requires that he should first be
sworn in and/or should first give a bond;
3. That he assumes the performance of the
duties and powers of such office; and
4. That he has not taken his oath of office
and/or given the bond required by law.
ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS.
ELEMENTS:
1. That the offender is holding a public office;
Page 123 of 174
Criminal Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007

2. That the period provided by law, regulations

or special provisions for holding such office
has already expired; and
3. That he continues to exercise the duties
and powers of such office.

The article contemplates officers who have been

suspended, separated, declared over-aged
or dismissed

QuickTime™ and a
TIFF (Uncompressed) decompressor
are needed to see this picture.

Page 124 of 174