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TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1.
2.
3.
4.
5.
That there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any
act, omission, condition, status, or circumstances.
That the imputation must be made publicly.
That it must be malicious.
That the imputation must be directed at a natural or juridical person, or one who is dead.
That the imputation must tend to cause the dishonor, discredit or contempt of the person
defamed.
Notes:
1.
2.
3.
4.
5.
6.
7.
Libel is a public and malicious imputation of a crime, or a vice or defect, real or imaginary or
any act, commission, condition, status or circumstances tending to cause the dishonor, discredit
or contempt of a natural or juridical person, or to blacken the memory of one who is dead
Kinds of malice: (a) malice in law; (b) malice in fact
Malice is presumed to exist in injurious publications
Publication is the communication of the defamatory matter to some third person/s
Person libeled must be identified. But the publication need not refer by name to the libeled
party. If not named it must be shown that the description of the person referred to in the
defamatory publication was sufficiently clear so that at least a 3 rd person would have identified
the plaintiff.
There are as many crimes as there are persons defamed.
To presume publication there must be a reasonable probability that the alleged a libelous
matter was thereby exposed to be read or seen by 3 rd persons.
Libel
Perjury
Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as a place dominated by big
landowners. Plaintiffs are associations of sugarcane planters. HELD: Dismissed. To maintain a libel
suit, the specific victim must be identifiable. Defamatory remarks directed at a group of persons
are not actionable unless the statements are all-embracing or sufficiently specific for victim to be
identifiable. An action for libel allegedly directed against a group of sugar planters cannot be done
by resort to filing a class suit as each victim has his specific reputation to protect. In this case,
each of the plaintiffs has a separate and distinct reputation in the community.
A. REQUIREMENT OF PUBLICITY: (354)
Kinds of privileged communication
1.
2.
Absolutely privileged not actionable even if the actor has acted in bad faith
Qualifiedly privileged those which although containing defamatory imputations could not be
actionable unless made with malice or bad faith
General Rule:
Every defamatory imputation is presumed malicious even if it be true, if no good intention and
justifiable motive for making it is shown
Exception:
1.
Requisites:
1.
that the person who made the communication had a legal, moral or social duty to make the
communication or at least he had an interest to be upheld
2.
that the communication is addressed to an officer or a board, or superior, having some interest
or duty on the matter
3.
that the statements in the communication are made in good faith without malice in fact
4.
fair and true report, made in good faith, without any comments and remarks
Requisites:
1.
that the publication of a report of an official proceeding is a fair and true report of a judicial,
legislative, or other official proceedings which are not of confidential nature, or of a statement,
report, or speech delivered in said proceedings, or of any other act performed by a public
officer
2.
that it is made in good faith
3.
that it is made without any comments or remarks
Santos v CA
HELD: No malice, he simply furnished the readers with the info that a complaint has been filed
against the brokerage firm and reproduced the pleading verbatim with no embellishments.
3.
That such facts are offensive to the honor, virtue and reputation of said person.
Note:
Even though made in connection with or under the pretext that it is necessary in the narration of
any judicial or administrative proceedings wherein such facts have been mentioned.
Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA thus not qualified to be president.
He wrote to the BOD and to Marquez. He caused to publish the second letter. HELD: Letter is not
privileged communication. To be classified as such it must be free from malice. Granting that the
letter was privileged communication, written out of a duty of an officer towards the members,
such character was lost when it was published.
That the offender performs any act not included in any other crime against honor.
That such act is performed in the presence of other person or persons.
That such act casts dishonor, discredit or contempt upon the offended party.
Notes:
a. Seriousness depends on the social standing of offended party, the circumstances surrounding
the act, the occasion, etc.
b. The acts of slapping and boxing the woman, a teacher, in the presence of many people has put
her to dishonor, contempt and ridicule. (P v Costa)
P v Motita
Accused held a mirror between the legs of complainant to reflect her private parts. The crowd
laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or irritates without justification.
b. Slander by Deed-irritation or annoyance + attendant publicity and dishonor or contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3 circumstance provided in Art335 of RPC
on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended party under 12 yrs of age+lewd designs
defamation in
2) Venue of criminal and civil action for damages in cases of written defamation:
a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of the commission of the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
RTC of Manila OR
city/province where the article is printed and 1st published
b. Otherwise
RTC of the city/province where he held office at the time of offense OR
where the article is 1st published
4) Where one of the offended parties is a private individual:
RTC of province/city where he actually resides at the time of the crime
where article was printed or 1st published
Note: Offended party must file complaint for defamation imputing a crime which cannot be
prosecuted de oficio (e.g. adultery, concubinage, rape, seduction, abduction, and acts of
lasciviousness)
Soriano v IAC
The Philippines follows the multiple publication rule which means that every time the same
written matter is communicated, such communication is considered a distinct and separate
publication of libel.
a. the act or omission imputed constitutes a crime regardless of whether the offended party is a
private individual or a public officer
b. the offended party is a government employee, even if the act or omission imputed does not
constitute a crime provided it is related to the discharge of his official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for situations 1 and 2 above)
b. it was published with good motives and for a justifiable end (for situation 1 only)
Notes: The proof of the truth of the accusation cannot be made to rest upon mere hearsay,
rumors, or suspicion. It must rest upon positive direct evidence, upon which a definite finding may
be made by the court (US v Sotto)
Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and is false)
b. planting evidence
Note: article is limited to planting evidence and the like
Notes:
1) Art.64 on mitigating and aggravating circumstances not applicable.
2) Failure to lend on the spot assistance to victim of his negligence:penalty next higher in degree.
3) Abandoning usually punishable under Art 275, if charged under Art365 is only qualifying and if
not alleged cannot even be an aggravating circumstance.
4) Contributory negligencenot a defense, only mitigating
The contributory negligence of the injured party will no t defeat the action if it be shown that the
accused might, by the exercise of reasonable care and prudence, have avoided the consequences
of the negligence of the injured party
Emergency ruleAn automobile driver, who, by the negligence of another, is suddenly placed in an emergency and
compelled to act instantly to avoid a collision or injury is not guilty of negligence if he makes a
choice which a person of ordinary prudence placed in such a position might make even though he
did not make the wisest choice.
P v Cano
Negligence is a quasi-offense. What is punished is not the effect of the negligence but the
recklessness of the accused.
P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of Nubain which triggered a heart attack
that caused brain damage. HELD: Guilty of simple negligence resulting to homicide. Carillo was
the anesthesiologist, he and his co-accused failed to monitor and provide close patient care, to
inform the parents of the childs true condition, to prove that they exercised necessary and
appropriate degree of care and diligence to prevent the condition.
Buearano v CA
Conviction of the accused in the charge of slight and less serious physical injuries through reckless
imprudence constitutes double jeopardy to the charge of the crime of damage to property through
reckless imprudence.
Source:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law
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Tags: Criminal Law Book 2 - Title Thirteen
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TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
1.
Committed by a person who represents himself as another and assumes the filiation or rights
pertaining to such person
2.
There must be criminal intent to enjoy the civil rights of another by the offender knowing he is
not entitled thereto
3.
Committed by asuming the filiation, or the parental or conjugal rights of another
4.
Circumstances qualifying the offense: penalty is heavier when the purpose of the
impersonation is to defraud the offended party or hios heirs.
Notes:
1.
2.
3.
4.
5.
6.
7.
The crime does not fall within the category of private crimes that can be prosecuted only at
the instance of the offended party
A simulated marriage is not marriage at all and can be used as a defense for bigamy
There must be a summary proceeding to declare the absent spouse presumptively dead for
purposes of remarriage
Failure to exercise due diligence to ascertain the whereabouts of the 1 st wife is bigamy through
reckless imprudence
A judicial declaration of the nullity of a marriage void ab initio is now required
One convicted for bigamy may be prosecuted for concubinage as both are distinct offenses
One who vouches that there is no legal impediment knowing that one of the parties is already
married is an accomplice.
Note: Circumstance qualifying the offense: if either of the contracting parties obtains the consent
of the other by means of violence, intimidation or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
Acts punished:
1.
A widow who within 301 days from death of husband, got married or before her delivery, if she
was pregnant at the time of his death
2.
A woman whose marriage having been dissolved or annulled, married before her delivery or
within 301 days after the legal separation.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law
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Tags: Criminal Law Book 2 - Title Twelve
Posted by Magz
TITLE ELEVEN
CRIMES AGAINST CHASTITY
A. ELEMENTS OF ADULTERY: (333)
1.
2.
3.
Notes:
1.
mitigated if wife was abandoned without justification by the offended spouse (man is not
entitled to this mitigating circumstance)
2.
attempted: caught disrobing a lover
3.
Note: Scandal consists in any reprehensible word/deed that offends public conscience, redounds
to the detriment of the feelings of honest persons and gives occasions to the neighbors spiritual
damage and ruin
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
1.
2.
3.
Seduction of a virgin over 12 and under 18 years of age by certain persons, such as a person in
authority, priest, teachers etc and
2.
Seduction of a sister by her brother or descendant by her ascendant, regardless of her age or
reputation (incestuous seduction)
Elements:
1.
That the offended party is a virgin, which is (presumed if she unmarried and of good
reputation.)
2.
That she must be over 12 and under 18 years of age.
3.
That the offender has sexual intercourse with her.
4.
That there is abuse of authority, confidence or relationship on the part of the offender ( person
entrusted with education or custody of victim; person in public authority, priest; servant)
Persons liable:
1.
3.
4.
2.
3.
teacher
person who, in any capacity, is entrusted with the education or custody of the woman
seduced
Those who abused the confidence reposed in them:
1.
priest
2.
house servant
3.
domestic
Those who abused their relationship:
1.
brother who seduced his sister
2.
ascendant who seduced his descendant
That
That
That
That
1.
2.
3.
That the person abducted is any woman, regardless of her age, civil status, or reputation.
That the abduction is against her will.
That the abduction is with lewd designs.
Adultery and concubinage must be prosecuted upon complaint signed by the offended spouse
Seduction, abduction, rape or acts of lasciviousness must be prosecuted upon complaint signed
by:
offended party
by her parents
grandparents
guardians in the order in which they are named above
Note: Marriage of the offender with the offended party extinguishes the criminal action or remit
the penalty already imposed upon him. This applies as well to the accomplices, accessories-afterthe-fact. But marriages must be in good faith. This rule does not apply in case of multiple rape.
L. Civil liability of persons guilty of rape, seduction or abduction (345)
1.
2.
3.
Reference:
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Tags: Criminal Law Book 2 - Title Eleven
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TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1.
2.
3.
4.
That
That
That
That
Notes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Belonging to another person from whom property was taken need not be the owner, legal
possession is sufficient
Name of the real owner is not essential so long as the personal property taken does not belong
to the accused except if crime is robbery with homicide
Taking of personal property must be unlawful; if given in trust estafa
As to robbery with violence or intimidation from the moment the offender gains possession of
the thing even if offender has had no opportunity to dispose of the same, the unlawful taking is
complete
As to robbery with force upon things thing must be taken out of the building
Intent to gain presumed from unlawful taking
Taking must not be under the claim of title or ownership
When theres no intent to gain but there is violence in the taking grave coercion
Violence or intimidation must be against the person of the offended party, not upon the thing
10. General rule: violence or intimidation must be present before the taking is complete
11. Except: when violence results in homicide, rape, intentional mutilation or any of the serious
physical injuries in par 1 and 2 of art 263, the taking of the property is robbery complexed with
any of these crimes under art 294, even if taking is already complete when violence was used by
the offender
12. Use of force upon things entrance to the building by means described in arts 299 and 302
(offender must enter)
13. When both violence or intimidation and force upon things concur it is robbery with violence
Intent to gain
Immediate harm
Grave threats
Grave coercion
No intent to gain
None
Intimidation;
promises some
future harm or
injury
Intimidation (effect) is
immediate and offended party is
compelled to do something
against his will (w/n right or
wrong)
Robbery
Bribery
Neither
homicide
robbery accompanied with rape or intentional mutilation, SPI insane, imbecile, impotent or
blind
3.
SPI lost the use of speech, hear, smell, eye, hand, foot, arm, leg, use of any such member,
incapacitated for work habitually engaged in
4.
Violence/intimidation shall have been carried to a degree clearly unnecessary for the crime or
when in the cause of its execution SPI/deformity, or shall have lost any part of the body or the
use thereof or shall have been ill or incapacitated for the performance of the work for > 90 days;
> 30 days
5.
Any kind of robbery with less serious physical injuries or slight physical injuries
Notes:
1.
5.
on a street, road, highway or alley and the intimidation is made with the use of
firearms, the offender shall be punished by the max period of the proper penalties
prescribed in art 294
That the offender entered (a) an inhabited house, or (b) public buildings, or (c) edifice devoted
to religious worship.
2.
That the entrance was effected by any of the following means:
1.
Through an opening not intended for entrance or egress.
2.
By breaking any wall, roof, or floor or breaking any door or window.
3.
By using false keys, picklocks or similar tools or.
4.
By using any fictitious name or pretending the exercise of public authority.
5.
That once inside the building, the offender took personal property belonging to another
with intent to gain.
Notes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10. Outside door must be broken, smashed. Theft if lock is merely removed or door was merely
pushed
11. False keys genuine keys stolen from the owner or any keys other than those intended by the
owner for use in the lock
12. Picklocks specially made, adopted for commission of robbery
13. Key stolen not by force, otherwise, its robbery by violence and intimidation against persons
14. False key used in opening house and not furniture inside, otherwise, theft (for latter to be
robbery., must be broken and not just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate dwelling
16. E.g. pretending to be police to be able to enter (not pretending after entrance)
That the offender is inside a dwelling house, public building, or edifice devoted to religious
worship, regardless of the circumstances under which he entered it
2.
That the offender takes personal property belonging to another with intent to gain, under any
of the following circumstances.
1.
by the breaking of doors, wardrobes, chests, or any other kind of locked or sealed
furniture or receptacle, or
2.
by taking such furniture or objects away to be broken or forced open outside the place
of the robbery.
Notes:
1.
2.
3.
4.
dependencies are all interior courts, corrals, warehouses, granaries or enclosed places:
contiguous to the building
having an interior entrance connected therewith
which form part of the whole
That the offender entered an uninhabited place or a building which was not a dwelling house,
not a public building, or not an edifice devoted to religious worship.
that any of the following circumstances was present:
That with intent to gain the offender took therefrom personal property belonging to another.
That entrance was effected through an opening not intended for entrance or egress.
A wall, roof, floor, or outside door or window was broken.
The entrance was effected through the use of false keys, picklocks or other similar tools.
A door, wardrobe, chest, or any sealed or closed furniture or receptacle was broken or
A closed or sealed receptacle was removed, even if the same be broken open elsewhere.
Notes:
1.
2.
3.
4.
Picklocks, etc.
Genuine key stolen from owner.
Any key other than those intended by owner for use in the lock forcibly opened by the offender
Notes:
1.
2.
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands more than three armed persons forming a band
Purpose:
a. Robbery in highway
1.
Presumption of Brigandage:
1.
2.
BRIGANDAGE
ROBBERY IN BAND
Notes:
1.
PD 532 brigandage. Seizure of any person for: (a) ransom; (b) extortion or other unlawful
purpose; (c) taking away of property by violence or intimidation or force upon things or other
unlawful means
2.
Committed by any person
3.
On any Phil hi-way
III. THEFT
Persons liable:
1.
Those who
a)
b)
but without violence against or intimidation of persons not force upon things
c)
take
d)
personal property
e)
of another
f)
Those who
a)
b)
Notes:
1.
2.
3.
4.
a)
b)
remove or make use of the fruits or object of the damage caused by them
Note: Killing of cattle of another which destroyed his property and getting meat for himself
1.
Those who
a)
b)
trespass is forbidden or which belongs to another and, without the consent of its owner
c)
hunts or fish upon the same or gather fruits, cereals or other forest or farm products
Notes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Theft is consummated when offender is able to place the thing taken under his control and in
such a situation as he could disclose of it at once (though no opportunity to dispose) i.e, the
control test
P v. Dino applies only in theft of bulky goods (meaning there has to be capacity to dispose of
the things). Otherwise, P v. Espiritu full possession is enough
Servant using car without permission deemed qualified theft though use was temporary
Reyes says: there must be some character of permanency in depriving owner of the use of the
object and making himself the owner, therefore must exclude joyride
Theft: if after custody (only material possession) of object was given to the accused, it is
actually taken by him (no intent to return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment
Includes electricity and gas
1.
inspector misreads meter to earn
2.
one using a jumper
Selling share of co-partner is not theft
Salary must be delivered first to employee; prior to this, taking of Php is theft
If offender claims property as his own (in good faith) not theft (though later found to be
untrue. If in bad faith theft)
10. Gain is not just Php satisfaction, use, pleasure desired, any benefit (e.g. joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important
That there is an enclosed estate or a field where trespass is forbidden or which belongs to
another;
2.
That the offender enters the same.
3.
That the offender hunts or fishes upon the same or gathers fruits, cereals or other forest or
farm products, and
4.
That the hunting or fishing or gathering of products is without the consent of the owner.
Notes:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL RIGHTS IN
PROPERTY: (312)
1.
2.
That the offender takes possession of any real property or usurps any real rights in property.
That the real property or real rights belong to another.
3.
That violence against or intimidation of persons is used by the offender in occupying real
property or usurpation real rights in property.
4.
That there is intent to gain.
That there be boundary marks or monuments of towns, provinces, or estates, or any other
marks intended to designate the boundaries of the same.
2.
That the offender alters said boundary marks.
V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY: (314) (culpable insolvency)
1.
2.
3.
That the offender is a debtor; that is, he was obligations due and payable.
That he absconds with his property.
That there be prejudice to his creditors.
That the accused defrauded another (a.) by abuse of confidence, or (b) or means of deceit and
That damage or prejudice capable of pecuniary estimation is caused to the offended party or
third person
C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER SUBDIVISION NO.1 PAR. (B),
OF ART.315
1.
That money, goods, or other personal property be received by the offender in trust, or on
commission, or for administration, or under any other obligation involving the duty to make
delivery of or to return, the same.
2.
That there be misappropriation or conversion of such money or property by the offender, or
dental on his part of such receipt.
3.
that such misappropriation or conversion or dental is to the prejudice of another and
4.
That there is a demand made by the offended party to the offender.
D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE UNDER PARAGRAPH (B), SUBDIVISION
N0.1, ART. 315 = 3 WAYS OF COMMITTING:
1.
2.
3.
Notes:
1.
1.
1.
2.
3.
4.
5.
6.
g. Converting act of using or disposing of anothers property as if it was ones own; thing has
been devoted for a purpose or use different from that agreed upon
1.
2.
9.
10.
11.
12.
There must be prejudice to another not necessary that offender should obtain gain
When in the prosecution for malversation the public officer is acquitted, the private individual
allegedly in conspiracy with him may be held liable for estafa
Partners No estafa of money or property received for the partnership when the business is
commercial and profits accrued. BUT if property is received for specific purpose and is
misappropriated estafa!
Failure to account after the DEMAND is circumstantial evidence of misappropriation
DEMAND is not a condition precedent to existence of estafa when misappropriation may be
established by other proof
In theft, upon delivery of the thing to the offender, the owner expects an immediate return of
the ting to him otherwise, Estafa
13. Servant, domestic or employee who misappropriates a thing he received from his master is NOT
guilty of estafa but of qualified theft
Malversation
Committed by misappropriating,
converting, denying having received
money
Committed by appropriating,
taking,
misappropriating
That the paper with the signature of the offended party be in blank.
That the offended party should have delivered it to offender.
That above the signature of the offended party a document is written by the offender without
authority to do so.
4.
That the document so written creates a liability of, or causes damage to, the offended party or
any third person.
Note: If the paper with signature in blank was stolen Falsification if by making it appear that he
participated in a transaction when in fact he did not so participate.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1.
2.
that there must be a false pretense, fraudulent means must be made or executed prior to or
That such false pretense, fraudulent act or fraudulent means must be made or executed prior
to or simultaneously with the commission of the fraud.
3.
That the offended party must have relied on the false pretense, fraudulent act, or fraudulent
means, that is, he was induced to part with his money or property because of the false pretense,
fraudulent act, or fraudulent means.
4.
That as a result thereof, the offended party suffered damage.
Notes:
1.
False pretenses or fraudulent acts executed prior to or simultaneously with delivery of the
thing by the complainant
2.
There must be evidence that the pretense of the accused that he possesses power/influence is
false.
Notes:
1.
2.
3.
4.
5.
6.
dishonored for the same reason had not the drawee, without any valid reason, ordered the bank
to stop payment.
Note: Failure to make good within 5 banking days prima facie evidence of knowledge of lack and
insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND PARAGRAPH OF SECTION 1: BP 22
1.
That a person has sufficient funds in or credit with the drawee bank when he makes or draws
and issues a check.
2.
That he fails to keep sufficient funds or to maintain a credit to cover the full amount of the
check if presented within
Note: Failure to make good within 5 banking days prima facie evididence of knowledge of lack and
insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS, RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN ANY DOCUMENTS: (315)
1.
2.
3.
4.
That
That
That
That
Note: If offended party willingly signed the document and there was deceit as to the character or
contents of the document falsification; but where the accused made representation to mislead
the complainants as to the character of the documents estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR DESTROYING DOCUMENTS: (315)
1.
2.
3.
That there be court records, office files, documents or any other papers.
That the offender removed, concealed or destroyed any of them.
That the offender had intent to defraud another.
The offender party being deprived of his money or property, as a result of the defraudation.
Disturbance in property right or
Temporary prejudice.
ESTAFA
Intent to defraud
No intent to defraud
That
That
That
That
That the offender takes advantage of the inexperience or emotions or feelings of a minor.
That he induces such minor (a) ro assume an obligation, or (b) to give release, or (c) to execute
a transfer of any property right.
3.
4.
That the consideration is (a) some loan of money (b) credit or (c) other personal property.
That the transaction is to the detriment of such minor.
That personal property is already pledged under the terms of the chattel mortgage law.
That the offender, who is the mortgagee of such property, sells or pledges the same or any part
thereof.
3.
That there is no consent of the mortgagee written on the back of the mortgage and noted on
the record thereof in the office of the register of deeds.
That an uninhabited hut, storehouse, barn, shed or any other property is burned
That the value of the property burned does not exceed 25 pesos
That the burning was done at a time or under circumstances which clearly exclude all danger of
the fire spreading
2.
3.
4.
5.
6.
7.
8.
D. ELEMENTS OF ARSON
1.
2.
Notes:
1.
2.
3.
4.
5.
6.
7.
Malicious mischief willful damaging of anothers property for the sake of causing damage due
to hate, revenge or other evil motive
No negligence
Example. Killing the cow as revenge
If no malice only civil liability
Damage is also diminution in value
But after damaging the thing, he used it = theft
Damage is not incident of a crime (breaking windows in robbery)
3.
4.
done by damaging railways, telegraph, telephone lines, electric wires, traction cables, signal
system of railways
removing rails from tracks is destruction (art 324)
not applicable when telegraph/phone lines dont pertain to railways (example: for transmission
of electric power/light)
people killed as a result:
circumstance qualifying the offense if the damage shall result in any derailment of cars,
collision or other accident a higher penalty shall be imposed
murder if derailment is means of intent to kill
none art 48
Notes:
Theft
Swindling
Malicious mischief
1.
2.
3.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law
1 Comment
Tags: Criminal Law Book 2 - Title Ten
Posted by Magz
TITLE NINE
I.
4.
if kidnapping is committed for the purpose of extorting ransom either from the victim or from
any other person even if none of the aforementioned are present in the commission of the
offense (even if none of the circumstances are present)
2.
when the victim is killed or dies as a consequence of the detention or is raped or is subjected
to torture or dehumanizing acts
voluntarily releases the person so kidnapped or detained within 3 days from the
commencement of the detention
2.
without having attained the purpose intended and
3.
before the institution of criminal proceedings against him
Notes:
1.
2.
3.
1.
1.
That the offender is entrusted with the custody of a minor person (whether over or
under 7 but less than 18 yrs old)
2.
That he deliberately fails to restore the said minor to his parents
E.
That the minor (whether over or under 7) is living in the home of his parents or
guardians or the person entrusted with his custody
2.
That the offender induces a minor to abandon such home
Notes:
1.
Inducement must be actual, committed with criminal intent and determined by a will to cause
damage
2.
Minor should not leave his home of his own free will
3.
Mitigating if by father or mother
Note: Qualifying circumstance if the purpose of the offender is to assign the offended party to
some immoral traffic (prostitution), the penalty is higher
G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
1.
2.
3.
That the offender compels a debtor to work for him, either as household servant or farm
laborer.
2.
That it is against the debtors will.
3.
That the purpose is to require or enforce the payment of a debt.
1.
By failing to render assistance to any person whom the offender finds in an inhabited place
wounded or in danger of dying, when he can render such assistance without detriment to
himself, unless such omission shall constitute a more serious offense
Elements:
1.
2.
3.
1.
By failing to help or render assistance to another whom the offender has accidentally wounded
or injured
2.
By failing to deliver a child, under 7 whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a safe place.
That
That
That
That
Notes:
1.
2.
By delivering a minor to a public institution or other persons w/o consent of the one who
entrusted such minor to the care of the offender or, in the absence of that one, without the
consent of the proper authorities
Elements:
1.
2.
3.
That the one who entrusted such child to the offender has not consented to such act, or if the
one who entrusted such child to the offender is absent; the proper authorities have not
consented to it.
4.
By neglecting his (offenders) children by not giving them education which their station in life
requires and financial condition permits
Elements:
1.
2.
3.
3.
4.
5.
By causing any boy or girl under 16 to perform any dangerous feat of balancing, physical
strength or contortion, the offender being any person
By employing children under 16 who are not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, or wild-animal tamer or circus manager or
engaged in a similar calling
By employing any descendant under 12 in dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in any of said callings
By delivering a child under 16 gratuitously to any person following any of the callings
enumerated in par 2 or to any habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the care of such child
By inducing any child under 16 to abandon the home of its ascendants; guardians, curators or
teachers to follow any person engaged in any of the callings mentioned in par 2 or to accompany
any habitual vagrant or beggar, the offender being any person
Note: Qualifying Circumstance if the delivery of the child to any person following any of the
callings of acrobat, rope-walker, diver or wild-animal trainer or circus manager or to any habitual
vagrant of beggar is made in consideration of any price, compensation or promise, the penalty is
higher.
E. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)
Notes:
1.
2.
3.
4.
5.
6.
7.
1.
2.
3.
8. Medina case: when the accused entered the dwelling through the window, he had no intent to
kill any person inside, but the intention to kill came to his mind when he was being arrested by
the occupants thereof, the crime of trespass to dwelling is a separate and distinct offense from
frustrated homicide
G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1.
2.
3.
4.
That
That
That
That
the
the
the
the
By threatening another with the infliction upon his person, honor or property that of his family
of any wrong amounting to a crime and demanding money or imposing any other condition, even
though not unlawful and the offender (Note: threat is with condition)
Elements:
1.
2.
3.
4.
5.
6.
That the offender threatens another person with the infliction upon the latters person, honor
or property, or upon that of the latters family, of any wrong.
That such wrong amounts to a crime.
That there is a demand for money or that any other condition is imposed, even though not
unlawful.
That the offender attains his purpose.
By making such threat without the offender attaining his purpose
By threatening another with the infliction upon his person, honor or property or that of his
family of any wrong amounting to a crime, the threat not being subject to a condition (Note:
threat is without condition)
Elements:
1.
That the offender threatens another person with the infliction upon the latters person, honor
or property, or upon that of the latters family, of any wrong.
2.
That such wrong amounts to a crime.
3.
That the threat is not subject to a condition
Notes:
1.
2.
3.
That
That
That
That
Person shall threaten another with a weapon, or draw weapon in a quarrel unless in selfdefense.
2.
In the heat of anger, person orally threatens another with some harm constituting a crime,
without persisting in the idea involved in the threat. Subsequent acts did not persist.
3.
Person orally threatens another with harm not constituting a felony.
That a person prevented another from doing something OR not to do something against his will,
be it right or wrong;
2.
That the prevention or compulsion be effected by violence, of force as would produce
intimidation and control the will.
3.
That the person that restrained the will and liberty by another had not the authority of law or
the right to do so, or, in other words, that the restraint shall not be made under authority of law
or in the exercise of any lawful right.
1.
2.
3.
That the offender is any person, agent or officer of any association or corporation.
That he or such firm or corporation has employed laborers or employees.
That he forces or compels, directly or indirectly, or knowingly permits to be forced or
compelled, any of his or its laborers or employees to purchase merchandise or commodities of
any kind from his or from said firm or corporation.
ELEMENTS OF NO. 2
1.
That the offender pays the wages due a laborer or employee employed by him by means of
tokens or objects.
2.
That those tokens or objects are other than the legal tender currency to the Philippines.
3.
That such employee or laborer does not expressly request that he be paid by means of tokens
or objects.
That the offender employs violence or threats, in such a degree as to compel or force the
laborers or employers in the free and legal exercise of their industry or work
2.
That the purpose is to organize, maintain or prevent coalitions of capital or labor, strike of
laborers or lockout of employees.
That the offender is a private individual or even a public officer not in the exercise of his
official function,
2.
That he seizes the papers or letters of another.
3.
That the purpose is to discover the secrets of such another person.
4.
That offender is informed of the contents or the papers or letters seized.
Notes:
1.
2.
3.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law
1 Comment
Tags: Criminal Law Book 2 - Title Nine
Posted by Magz
TITLE EIGHT
I. CRIMES AGAINST PERSONS
DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1.
2.
3.
Notes:
1.
2.
3.
4.
5.
6.
7.
The relationship of the offender with the victim is the essential element of the felony
Parents and children are not included in the term ascendants or descendants
The other ascendant or descendant must be legitimate. On the other hand, the father, mother
or child may be legitimate or illegitimate
The child should not be less than 3 days old. Otherwise, the offense is infanticide
Relationship must be alleged
A stranger who cooperates in committing parricide is liable for murder or homicide
Even if the offender did not know that the person he had killed is his son, he is still liable for
parricide because the law does not require knowledge of the relationship
A legally married person or parent surprises his spouse or daughter (the latter must be under 18
and living with them) in the act of committing sexual intercourse with another person
2.
He/she kills any or both of them or inflicts upon any or both of them any serious physical injury
in the act or immediately thereafter
3.
He has not promoted or facilitated the prostitution of his wife or daughter, or that he has not
consented to the infidelity of the other spouse.
Notes:
1.
2.
3.
4.
5.
8.
9.
The killing must be the direct by-product of the rage of the accused
No criminal liability is incurred when less serious or slight physical injuries are inflicted.
Moreover, in case third persons caught in the crossfire suffer physical injuries, the accused is not
liable. The principle that one is liable for the consequences of his felonious act is not applicable
because he is not committing a felony
4.
Notes:
1.
The victim must be killed in order to consummate the offense. Otherwise, it would be
attempted or frustrated murder
2.
Murder will exist with only one of the circumstances. The other circumstances are absorbed or
included in one qualifying circumstance. They cannot be considered as generic aggravating
circumstances
3.
Any of the qualifying circumstances must be alleged in the information. Otherwise, they will
only be considered as generic aggravating circumstances
4.
Treachery and premeditation are inherent in murder with the use of poison.
Notes:
1.
Intent to kill is conclusively presumed when death resulted. Hence, evidence of intent to kill is
required only in attempted or frustrated homicide
2.
There is no crime of frustrated homicide through negligence
3.
When the wounds that caused death were inflicted by 2 different persons, even if they were
not in conspiracy, each one of them is guilty of homicide
4.
In all crimes against persons in which the death of the victim is an element, there must be
satisfactory evidence of (1) the fact of death and (2) the identity of the victim
Notes:
1.
2.
Acts punishable:
1.
2.
1.
2.
1.
2.
3.
4.
5.
Notes:
1.
When the offender is the father, mother or legitimate ascendant, he shall suffer the penalty
prescribed for parricide. If the offender is any other person, the penalty is that for murder. In
either case, the proper qualification for the offense is infanticide
2.
When infanticide is committed by the mother or maternal grandmother in order to conceal the
dishonor, such fact is only mitigating
3.
The delinquent mother who claims that she committed the offense to conceal the dishonor
must be of good reputation. Hence, if she is a prostitute, she is not entitled to a lesser penalty
because she has no honor to conceal
4.
There is no infanticide when the child was born dead, or although born alive it could not
sustain an independent life when it was killed.
2.
That violence is exerted, or drugs or beverages administered, or that the accused otherwise
acts upon such pregnant woman.
3.
That as a result of the use of violence or drugs or beverages upon her, or any other act of the
accused, the fetus dies, either in the womb or after having been expelled therefrom.
4.
That the abortion is intended.
Notes:
1.
Notes:
1.
Liability of the pregnant woman is mitigated if the purpose is to conceal her dishonor. However,
there is no litigation for the parents of the pregnant women even if their purpose is to conceal
their daughters dishonor
2.
In infanticide, parents can avail of the mitigating circumstance of concealing the dishonor of
their daughter. This is not so for art 258
Notes:
1.
It is not necessary that the pharmacist knew that the abortive would be used to cause abortion.
What is punished is the act of dispensing an abortive without the proper prescription. It is not
necessary that the abortive be actually used
2.
If the pharmacist knew that the abortive would be used to cause abortion and abortion results,
he is liable as an accomplice
Persons liable:
1.
Principals person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other cases
2.
Accomplices as seconds
Notes:
1.
Duel: a formal or regular combat previously concerted between 2 parties in the presence of 2
or more seconds of lawful age on each side, who make the selection of arms and fix all the other
conditions of the fight
2.
If death results, the penalty is the same as that for homicide
Persons liable:
1.
2.
Challenger
Instigators
A. MUTILATION: (262)
Kinds of Mutilation
1.
Intentionally mutilating another by depriving him, totally or partially, of some essential organ
for reproduction
2.
Intentionally making another mutilation, i.e. lopping, clipping off any part of the body of the
offended party, other than the essential organ for reproduction, to deprive him of that part of
the body
Elements:
1.
2.
Notes:
1.
In the first kind of mutilation, the castration must be made purposely. Otherwise, it will be
considered as mutilation of the second kind
2.
Mayhem: refers to any other intentional mutilation
1.
B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1.
2.
3.
4.
Wounding
Beating
Assaulting
Administering injurious substances
3.
Notes:
1.
Serious physical injuries may be committed through reckless imprudence or simple imprudence
2.
3.
4.
5.
6.
7.
8.
9.
10. Deformity by loss of teeth refers to injury which cannot be impaired by the action of the
nature
11. Loss of both outer ears constitutes deformity and also loss of the power to hear. Meanwhile,
loss of the lobule of the ear is only a deformity
12. Loss of the index and middle fingers is either a deformity or loss of a member, not a principal
one of his body or use of the same
13. Loss of the power to hear in the right ear is considered as merely loss of use of some other
part of the body
14. If the injury would require medical attendance for more than 30 days, the illness of the
offended party may be considered as lasting more than 30 days. The fact that there was medical
attendance for that period of time shows that the injuries were not cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not medical attendance
16. In determining incapacity, the injured party must have an avocation at the time of the injury.
Work: includes studies or preparation for a profession
17. When the category of the offense of serious physical injuries depends on the period of the
illness or incapacity for labor, there must be evidence of the length of that period. Otherwise, the
offense will only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in his work although less
effectively than before
19. Serious physical injuries is qualified when the crime is committed against the same persons
enumerated in the article on parricide or when it is attended by any of the circumstances defining
the crime of murder. However, serious physical injuries resulting from excessive chastisement by
parents is not qualified serious physical injuries
1.
Notes:
1.
2.
Notes:
1.
1.
3 Kinds:
1.
That which incapacitated the offended party for labor from 1-9 days or required medical
attendance during the same period
2.
That which did not prevent the offended party from engaging in his habitual work or which did
not require medical attendance (ex. Black-eye)
3.
Ill-treatment of another by deed without causing any injury (ex. slapping but without causing
dishonor)
1.
F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of rape as Crime Against
Personsincorporated into Title 8 of the RPC to be known as Chapter 3
By a man who have carnal knowledge of a woman under any of the following circumstances:
1.
through force, threat or intimidation
2.
when the offended party is deprived of reason or otherwise unconscious
3.
by means of fraudulent machination or grave abuse of authority
4.
when the offended party is under 12 years of age or is demented, even though none of
the circumstances mentioned above be present
5.
By any person who, under any of the circumstances mentioned in par 1 hereof, shall
commit an ac of sexual assault by inserting
1.
his penis into another persons mouth or anal orifice, or
2.
any instrument or object, into the genital or anal orifice of another person
3.
reclusion perpetua
reclusion perpetuato DEATH when
1.
victim became insane by reason or on the occasion of rape
2.
b. the rape is attempted and a homicide is committed by reason or on the occasion
thereof
DEATH when
1.
homicide is committed
2.
victim under 18 years and offender is:
1.
parent
2.
ascendant
3.
step-parent
4.
guardian
5.
relative by consanguinity or affinity with the 3rd civil degree or
6.
common law spouse of parent of victim
3.
c. under the custody of the police or military authorities or any law enforcement or
penal institution
4.
committed in full view of the spouse, parent or any of the children or other relatives
within the 3rd degree of consanguinity
5.
victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of the commission of
the crime
6.
a child below 7 years old
7.
g. offender knows he is afflicted with HIV or AIDS or any other sexually transmissible
disease and the virus is transmitted to the victim
8.
h. offender; member of the AFP, or para-military units thereof, or the PNP, or any
law enforcement agency or penal institution, when the offender took advantage of his
position to facilitate the commission of the crime
9.
victim suffered permanent physical mutilation or disability
10.
j.
the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
11.
k. when the offender knew of the mental disability, emotional disorder and/or
physical handicap or the offended party at the time of the commission of the crime
3.
4.
5.
6.
1. prision mayor
2. prision mayor to reclusion temporal
1.
use of deadly weapon or
2.
by two or more persons
reclusion temporal when the victim has become insane
reclusion temporal to reclusion pepetua rape is attempted and homicide is committed
reclusion perpetua homicide is committed by reason or on occasion of rape
reclusion temporal committed with any of the 10 aggravating circumstances mentioned above
Notes:
1.
2.
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001
Posted in Criminal Law
1 Comment
Tags: Criminal Law Book 2 - Title Eight
Posted by Magz
TITLE SEVEN
1.
2.
1.
2.
3.
4.
5.
6.
Malfeasance
Misfeasance
Nonfeasance
1.
2.
3.
4.
Offender is a judge
Renders a judgment in the case submitted to him for judgment
Judgment is unjust
Knowledge that the decision is unjust
Notes:
1.
2.
3.
4.
5.
6.
2.
Abuse of discretion or mere error of judgment cannot likewise serve as basis for
rendering an unjust judgment in the absence of proof or even an allegation of bad faith
(motive or improper consideration).
Article 205
1.
2.
3.
4.
Offender is a judge
Renders a judgment in a case submitted to him for decision
Judgment is manifestly unjust
Due to inexcusable negligence or ignorance
Manifestly unjust judgment: one that is so contrary to law that even a person having meager
knowledge of the law cannot doubt the injustice
Article 206
1.
2.
Article 207
1.
2.
3.
4.
Article 208
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: direct bribery)
3.
That the offender acts with malice and deliberate intent to favor the violator of the law.
There must be a duty on the part of the public officer to prosecute or move for the prosecution
of the offender. Note however, that a fiscal is under no compulsion to file an information based
upon a complaint if he is not convinced that the evidence before him does not warrant filing an
action in court
The crime must be proved first before an officer can be convicted of dereliction of duty
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
Article not applicable to revenue officers
Article 209
Article 210
1.
2.
That the offender be a public officer within the scope of Art 203
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)
1.
with a view to committing some crime (delivery of consideration is not necessary) or
2.
in consideration of an execution if an act which does not constitute a crime, but the
act must be unjust (delivery of consideration is necessary), or
3.
4.
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
Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any
However, if the offer is not accepted, only the person offering the gift is liable for attempted
corruption of a public officer
The gift must have a value or capable of pecuniary estimation. It could be in the form of
Bribery (210)
Robbery (294)
Persons Liable:
1.
Any public officer who shall perform any of the following acts:
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.
9.
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 contact with the government in
which such public official has to intervene (Sec. 4)
Any person who shall knowingly induce or cause any public official to commit any of the
offenses under (A). (Sec. 4)
Spouse or any relative, by consanguinity or affinity, within the 3rd 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 govt (Sec. 5).
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.
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.
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
of capacity, has secured or obtained, or will secure or obtain, any Government permit or license,
in consideration for the held given or to be given.
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.
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 provision shall apply to officers and employees of offices or
government corporations charged with the grant of licenses or permits or other concessions.
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 of giving undue advantage in favor of
or discriminating against any other interested party.
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.
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.
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.
10. 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.
11. 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.
4.
5.
6.
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 the govt along the same line of business;
Any transaction, contract or application already existing or pending at the time of such
assumption of public office;
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;
Any act lawfully performed an official capacity or in the exercise of a profession.
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.
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 thereafter on or before the 15 th 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).
II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)
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.
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.
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 nonofficial character by any public official when such activities entail expenses evidently out of
proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec.
11).
Article 211
1.
2.
3.
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
There is no attempted or frustrated indirect bribery
The principal distinction between direct and indirect bribery is that in the former, the officer
agrees to perform or refrain from doing an act in consideration of the gift or promise. In the
latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift
offered by reason of his office
Public officers receiving gifts and private persons giving gifts on any occasion, including
Article 211-A
1.
2.
Article 212
1.
2.
1.
2.
3.
4.
5.
Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft
cases are immune from prosecution under the following circumstances:
information refers to consummated violations
necessity of the information or testimony
the information and testimony are not yet in the possession of the State
information and testimony can be corroborated on its material points
informant has been previously convicted of a crime involving moral turpitude
See the Anti-graft and Corrupt Practices Act
1.
2.
Notes:
1.
2.
1.
The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts.
2.
He is guilty of any of the following acts or omissions:
1.
demanding, directly or indirectly the payment of sums different from or larger than
those authorized by law, or
2.
failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially, or
3.
Collecting or receiving, directly or indirectly, by way of payment or otherwise, things
or objects of a nature different from that provided by law.
Notes:
1.
Mere demand of a larger or different amount is sufficient to consummate the crime. The
essence is the improper collection (damage to govt is not required)
2.
If sums are received without demanding the same, a felony under this article is not
committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect
bribery
3.
When there is deceit in demanding larger fees, the crime committed is estafa
4.
5.
6.
Article 214
1.
2.
3.
Article 215
1.
2.
Notes:
1.
Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :
1.
2.
Public officer in any contract or business in which it is his official duty to intervene.
Experts, arbitrators and private accountants in any contract or transaction connected with
the estate or property in the approval, distribution or adjudication of which they had acted.
3.
Guardians and executors with respect to property belonging to their wards or the estate.
Notes:
1.
2.
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:
1.
2.
3.
4.
5.
6.
1.
Persons Liable:
1.
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 (I) 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).
2.
Any person who participated with the said public officer in the commission of plunder.
1.
Jurisdiction: All prosecutions under this At shall be within the original jurisdiction of the
Sandiganbayan.
1.
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.
1.
Prescription of Crime:
The crime of plunder shall prescribe in 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.
1.
That the offender be a public officer (or private person if entrusted with public funds or
connived with public officers)
2.
That he had the custody or control of funds or property (if not accountable for the funds, theft
or qualified theft)
3.
That those funds or property were public funds or property (even if private funds if attached,
seized, deposited or commingled with public funds)
4.
That he:
1.
Appropriated the funds or property
2.
Took or misappropriated them
3.
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 thereby. His
being remiss in the duty of safekeeping public funds violates the trust reposed)
In determining whether the offender is a public officer, what is controlling is the nature of his
is estafa
When a public officer has official custody or the duty to collect or receive funds due the
government, or the obligation to account for them, his misappropriation of the same constitutes
malversation
1.
2.
A public officer who has qualified charge of govt property without authority to part with its
physical possession upon order of an immediate superior, he cannot be held liable under this
article
Private individuals can also be held liable for malversation under 2 circumstances:
occasion
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 exempting, it is 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
Malversation (217)
Crime is committed by
approaching, taking, or
misappropriating/consenting, or
through abandonment or
negligence, permitting any other
person to take the public
funds/property
Crime is committed by
misappropriating, converting, or
denying having received money,
goods or other personal property
Article 218
1.
2.
3.
That the offender is a public officer, whether in the service or separated therefrom.
That he must be an accountable officer for public funds property.
That he is required by law or regulation to render accounts to the commission on audit, or to a
provincial auditor.
4.
That he fails to do so for a period of two months after such accounts should be rendered.
Article 219
1.
2.
3.
Article 220
1.
2.
3.
To distinguish this article with Art 217, just remember that 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
Article 221
1.
2.
Article 222
1.
Private individual who, in any capacity, have charge of any national, provincial or municipal
funds, revenue, or property
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
A judicial administrator in charge of settling the estate of the deceased is not covered by the
article
1.
2.
Detention prisoner: refers to a person in legal custody, arrested for and charged with some
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 constitutive 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
1.
2.
The article punishes a definite laxity which amounts to deliberate non-performance of a duty
The fact that the public officer recaptured the prisoner who had escaped from his custody does
1.
2.
Article 225
1.
2.
3.
4.
Article 226
custody of documents:
That the offender be a public officer.
That he abstracts, destroys or conceals a document or papers.
That the said document or paper should have been entrusted to such public officer by reason of
his office.
That damage, whether serious or not, to a third party or to the public interest should have
been caused.
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
1.
2.
3.
4.
A post office official who retained the mail without forwarding the letters to their destination
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
Article 227
1.
2.
3.
4.
Article 228
1.
2.
3.
4.
Article 229
REVELATION OF SECRET BY AN OFFICER:
1.
2.
3.
4.
5.
1.
2.
3.
1.
2.
3.
4.
5.
6.
1.
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
2.
If the papers contain secrets which should not be published, and the public officer 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
3.
Damage is essential to the act committed
Article 230
1.
2.
3.
attorney)
Damage to private individual is not necessary
Article 231
1.
2.
3.
Note: Judgment should have been rendered in a hearing and issued within proper jurisdiction
with all legal solemnities required
Article 232
1.
2.
3.
4.
5.
Article 233
1.
2.
Demand is necessary
Article 234
1.
2.
3.
That there is no legal motive for such refusal to be sworn in or to discharge the duties of said
office.
Note: Even if the person did not run for the office on his own will as the Constitution provides
that every citizen may be required to render service
Article 235
1.
2.
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
To be considered a detention prisoner, the person arrested must be placed in jail even for just
a short while
Offender may also be held liable for physical injuries or damage caused
Article 236
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.
4.
That he has not taken his oath of office and./or given the bond required by law.
Article 237
1.
2.
Note: The article contemplates officers who have been suspended, separated or declared overaged or dismissed
Article 238
1.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
duties consisting of preventing, prosecuting or punishing any of the crimes against national
security. The penalty is higher. This involves the following crimes:
treason
conspiracy and proposal to commit conspiracy
misprision of treason
espionage
inciting to war or giving motives to reprisals
violation of neutrality
correspondence with hostile country
flight to enemy country
piracy and mutiny on the high seas
rebellion
conspiracy and proposal to commit rebellion
disloyalty to public officers
inciting to rebellion
sedition
conspiracy to commit sedition
inciting to sedition
Article 239
1.
2.
Article 240
1.
2.
Article 241
1.
2.
Article 242
1.
2.
3.
Article 243
AUTHORITY:
1.
That the offender is an executive officer.
2.
That the addresses any order or suggestion to any judicial authority.
3.
That the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.
Note: Legislative or judicial officers are not liable under this article
Article 244
1.
2.
3.
4.
Article 245
1.
2.
3.
woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when there is sexual intercourse
Reference:
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TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS
1.
Acts Punishable:
Betting: Betting money or any object or article of value of representative value upon the result
of any game, races and other sports contests.
2.
Game-fixing: any arrangement, combination, scheme or agreement by which the result of any
game, races, or sports contests shall be predicated and/or known other than on the basis of the
honest playing skill or ability of the players or participants.
3.
Point-shaving: any such arrangement combination, scheme or agreement by which the skill or
ability of any player or participant in a fame, races, or sports contests to make points of scores
shall be limited deliberately in order to influence the result thereof in favor of one or other
team, player or participant.
4.
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 contest.
Scope This law shall govern the establishment, operation, maintenance and ownership of
cockpits.
2.
Rules:
1.
Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own,
manage and operated cockpits.
2.
Only one cockpit shall be allowed in each city or municipality with a population of
100,000 or less.
3.
Cockpits shall be constructed and operated within the appropriate areas as prescribed
in the Zoning Law or ordinance.
4.
When allowed:
1.
Cockfighting shall be allowed only in licensed cockpits during Sundays and legal
holidays and during local fiestas for not more than 3 days; or
2.
During provincial, city or municipal, agricultural, commercial or industrial fair,
carnival or exposition for a similar period of 3 days upon resolution of the province,
city or municipality where such fair, carnival or exposition is to be held, subject to
the approval of the Chief of Constabulary or his authorized representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the
month of the local fiesta or for more than 2 occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June 12,November 30, Holy Thursday, Good
Friday, Election Day and during registration days for such election/referendum.
1.
If the purpose is for the entertainment of foreign dignitaries or for tourists, or for returning
balikbayans, or for the 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.
Limitations: This privilege shall be extended for only one time, for a period not exceeding 3 days,
within a year to a province, city or municipality.
1.
No gambling of any kind shall be permitted on the premises of the cockpit or place of
cockfighting during cockfights.
2.
City or municipal mayors are authorized to issue licenses for the operation and maintenance of
cockpits.
1.
2.
3.
4.
committed publicly and thus, give rise to public scandal to persons who have accidentally
witnessed the acts
Decency: means properly observing the requirements of modesty, good taste etc
Customs: refers to established usage, social conventions carried on by tradition and enforced
applicable
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.
Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS:
Persons liable:
1.
2.
3.
4.
5.
Those who publicly expound or proclaim doctrines that are contrary to public morals
Authors of obscene literature, published with their knowledge in any form
Editors publishing such obscene literature
Owners or operators of establishments selling obscene literature
Those who exhibit indecent or immoral plays, scenes, acts or shows ion theaters, fairs, cinemas
or any other place
6.
Those who sell, distribute, or exhibit prints, engraving, sculptures or literature which are
offensive to morals
Test of obscenity: 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.
However, Art 201 enumerates what are considered as obscene literature or immoral or indecent
1.
2.
3.
4.
5.
Article 202
VAGRANTS AND PROSTITUTES:
1.
2.
3.
4.
5.
6.
Trespass to dwelling
Attempted theft
Vagrancy
Who are considered prostitutes refer to women who habitually indulge in sexual intercourse
or lascivious conduct for money or profit (if a man indulges in the same conduct: vagrancy)
Reference:
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TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)
I.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Acts Punishable:
importation of prohibited drugs
sale, administration, delivery, distribution and transportation of prohibited drugs
maintenance of a den, dive or resort for prohibited drug users
being employees or visitors of drug den
manufacture of prohibited drugs
possession or use
cultivation of plants
failure to comply with provisions relative to keeping of records of prescription
unnecessary prescription
possession of opium pipe and other paraphernalia
Importation, sale, etc. of regulated drugs
Note: 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
can prove that he did not know of such cultivation or culture despite the exercise of due diligence
on his part.
b
Qualifying Circumstance if the land involved is part of the public domain, the maximum of
Unlawful prescription of
prohibited/regulated drugs
Unnecessary prescription of
prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any prohibited/regulated drug for any
person whose physical/physiological condition does not require the use of thereof.
judicial person, the partner, president, director, or manager who consents to or knowingly
tolerates such violation shall be held criminally liable as co-principal.
2.
1.
1.
2.
3.
4.
5.
6.
NOTE: They shall be considered as persons in authority id they are in the school or within its
immediate vicinity, or beyond such immediate vicinity of 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.
(Sec. 28)
III.
Rules:
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 4 th civil degree of
consanguinity or affinity, in a center and compliance with such conditions therefor as the
Dangerous Drugs Board may prescribe shall exempt from criminal liability for possession or use of
the prohibited/regulated drug.
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.
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.
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.
If a person charged with an offense is found by the fiscal or by the Court at any stage of the
proceedings, to be 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.
After his rehabilitation, he shall be prosecuted for such violation. In case of conviction, the
judgement shall, if the accused is certified by the treatment and rehabilitation center to have
maintained good behavior, indicate that he shall be given full credit for the period he was
confined in the center.
NOTE: When the offense is possession or use of dangerous drugs and the accused is not a
recidivist, the penalty thereof shall be deemed to have been served in the center upon his release
therefrom.
7.
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.
8.
Requisites of suspension of sentence for first offense in a minor:
1.
If accused is a minor (under 18 years of age at the time of the commission of the offense but
not more than 21 years of age when the judgement should have been promulgated.
2.
He has not been previously convicted of violating any provision of this Act or of the RPC or
placed on probation.
Sentence shall be deferred and the accused shall be placed on probation under the supervision
of the Board.
In case of violation of conditions of pardon, court shall pronounce judgement of conviction and
a
Cultivation of plants Sec 9 land, portions of land, greenhouse on which any of the plants is
cultivated confiscated and escheated to the State. UNLESS: owner can prove that he had no
knowledge of the cultivation despite due diligence
b
c
Possession of opium pipe and other paraphernalia prima facie evidence that the possessor
has smoked, consumed, administered himself, used prohibited drugs
d
Drug penalties of Reclusion Perpetua to Death or a fine of Php 500,000 to 10M apply when:
Opium
Morphine
40 grams up
40 grams up
Shabu
200 grams up
Heroin
40 grams up
Indian hemp
MJ resin
Cocaine
Other drugs
750 grams up
50 grams up
40 grams up
Quantity far beyond therapeutic requirement
(if quantity is less than prescribed penalty is PC to RP depending upon the quantity)
e
Buy Bust Operation no law or rule to require policemen to adopt a uniform way of
2.
3.
4.
5.
6.
If prosecution can prove the crime without presenting the informer or asset not necessary
because their testimonies are merely corroborative. Poseur buyer it depends on whether the
prosecution can prove the crime without their testimonies (P v. Rosalinda Ramos)
Under the RA, special aggravating circumstance if a crime has been committed while the
accused was high on drugs (P v. Anthony Belgar)
Delivery or Sale of Prohibited Drugs the accused must be aware that what he is selling or
delivering was prohibited drug. But the moment the fact of sale or delivery is proved by
prosecution, the burden to prove that the accused is not aware that drugs are prohibited falls on
the defense (P v. Aranda)
P v. Angelito Manalo burden of proving the authority to possess shabu is a matter of defense
P v. Hilario Moscaling court may take judicial notice of the word shabu
Criminal liabilities of a policeman who sold the drugs confiscated from a pusher: violation of RA
6425 and malversation under RPC.
Buy Bust Operation form of entrapment (P v. Alberto) not necessary to have prior police
Possession constructive or actual not necessary to adduce the marked money as evidence
(P v. Romeo Macara)
m
Separate crimes sale/possession of MT found in his possession after he was frisked but he
If victim is minor or drug is proximate cause of death max penalty is imposed under Sec 4, 5,
15, 15-a
1.
2.
under 18 at time of commission but not more than 21 at time when judgment was promulgated
not been previously convicted of violating any provision of this Act or the RPC
Reference:
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TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
1.
2.
3.
Article 162
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.
3.
That he used the counterfeit seal or forged signature or stamp.
Article 163
1.
2.
3.
regardless if it is of no value
Counterfeiting imitation of legal or genuine coin (may contain more silver, different design)
Article 164
This has been repealed by PD 247. Under this PD, the acts punishable are:
1.
2.
3.
willful defacement
mutilation
tearing
4.
5.
burning
destruction of Central Bank notes and coins
Mutilation to take off part of the metal either by filling it or substituting it for another metal
of inferior quality, to diminish by inferior means (to diminish metal contents).
Foreign notes and coins not included. Must be legal tender.
Must be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT CONNIVANCE
1.
2 Types
Possession of coin, counterfeited or mutilated by another person, with intent to utter the
same, knowing that it is false or mutilated.
ELEMENTS:
1.
2.
3.
4.
possession
with intent to utter, and
knowledge
Actually uttering such false or mutilated coin, knowing the same to be false or mutilated.
ELEMENTS:
1.
2.
Article 166
FORGING TREASURY OR BANK NOTES IMPORTING AND UTTERING
Acts punishable:
1.
2.
3.
Article 167
BEARER:
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.
3.
That in case of uttering, he connived with the forger or importer.
Article 168
ELEMENTS OF ILLEGAL POSSESSION AND USE OF FALSE TREASURY OR BANK NOTES AND
Act sought to be punished: Knowingly possessing with intent to use any of such forged treasury
1.
or bank notes
Article 169
FORGERY
1.
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
2.
by erasing, substituting, counterfeiting, altering by any means the figures, letters or words, or
signs contained therein.
Article 170
1.
That these be a bill, resolution or ordinance enacted or approved or pending approval by the
national assembly or any provincial board or municipal council.
2.
That the offender (any person) alters the same.
3.
That he has no proper authority therefor.
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.
Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER, EMPLOYEE, OR NOTARY OR
ECCLESTASTICAL MINISTER
ELEMENTS:
1.
2.
3.
Requisites:
1.
2.
Requisites:
1.
That the offender caused it to appear in a document that a person/s participated in an act or a
proceeding; and
2.
That such person/s did not in fact so participate in the act or proceeding
3.
Making untruthful statements in a narration of facts;
Requisites:
1.
2.
There must be a narration of facts, not a conclusion of law. Must be on a material matter
Legal obligation means that there is a law requiring the disclosure of the truth of the facts
1.
2.
Requisites:
1.
2.
3.
4.
5.
If offender does not take advantage of his public position, he may still be liable for falsification
extinguished
Not necessary that what is falsified is a genuine or real document, enough that it gives an
Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL DOCUMENT BY A PRIVATE INDIVIDUAL
(par 1)
ELEMENTS
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.
1.
Counterfeiting or imitating any handwriting, signature or rubric.
2.
Causing it to appear that persons have participated in any act or proceeding when they
did not in fact so participated.
3.
Attributing to persons who have participated in an act or proceeding statements other
than those in fact made by them.
4.
Making untruthful statements in a narration of facts;
5.
Altering true dates.
6.
Making any alteration or intercalation in a genuine document which changes its
meaning.
7.
That the falsification was committed in any public or official or commercial document.
Examples of commercial documents warehouse receipts, airway bills, bank checks, cash files,
deposit slips and bank statements, journals, books, ledgers, drafts, letters of credit and other
negotiable instruments
Cash disbursement vouchers or receipts evidencing payments are not commercial documents
A mere blank form of an official document is not in itself a document
The possessor of falsified document is presumed to be the author of the falsification
1.
the written acts or records of cats of the sovereign authority of official bodies and tribunals,
and of the public officers, legislative, judicial and executive, whether of the Philippines or of a
foreign country.
2.
Public records kept in the Philippines.
ELEMENTS :
1.
That the offender committed any of the acts of falsification, except those in paragraph 7 and
8, enumerated in art. 171.
2.
That the falsification was committed in any private document (must affect the truth or
integrity of the document)
3.
That the falsification caused damage (essential element; hence, no crime of estafa thus
falsification of private document) to a third party or at least the falsification was committed
with intent to cause such damage.
Not necessary that the offender profited or hoped to profit from the falsification
A document falsified as a necessary means to commit another crime must be public, official or
commercial
There is no complex crime of estafa through falsification of a private document because the
immediate effect of the latter is the same as that of estafa
If the estafa was already consummated at the time of the falsification of a private document
was committed for the purpose of concealing the estafa, the falsification is not punishable,
because as regards the falsification of the private document there was no damage or intent to
cause damage.
A private document may acquire the character of a public document when it becomes part of
ELEMENTS:
1.
1.
2.
3.
4.
5.
6.
7.
2.
1.
2.
Article 173
Acts punishable:
1.
Requisites:
1.
Requisites:
1.
Requisites:
1.
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.
2.
That the accused used such falsified dispatch.
3.
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
Article 174
Persons liable:
1.
Physician or surgeon who, in connection with the practice of his profession, issued a false
certificate (note: such certificate must refer 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
3.
Private individual who falsified a certificate under (1) and (2)
Article 175
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.
3.
That he used the same.
Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS 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
1.
2.
By performing an act pertaining to any person in authority or public officer of the Phil govt or
foreign govt under the pretense of such official position, and without being lawfully entitled to
do so.
In usurpation of authority: The mere act of knowingly and falsely representing oneself is
1.
2.
3.
to the govt
to any person in authority
to any public office
Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
1.
2.
3.
That the offender uses a name other than his real name.
That he uses that fictitious name publicly.
That the purpose of the offender is
1.
To conceal a crime,
2.
To evade the execution of a judgment, or
3.
To cause damage to public interest. (ex. Signing fictitious name for a passport)
ELEMENTS (concealing true name):
1.
2.
3.
Article 179
1.
2.
That the insignia, uniform or dress pertains to an office not held by the offender or to a class
of persons of which he is not a member.
3.
That said insignia, uniform or dress is used publicly and improperly.
Article 180
1.
2.
3.
4.
the accused
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 is dependent upon sentence imposed on the defendant
Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal case:
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.
Basis of penalty: gravity of the felony charged against the defendant
Article 182
1.
2.
3.
4.
5.
That the false testimony must be given by the defendant knowing the same to be false.
That the testimony must be malicious and given with an intent to affect the issues presented in
the said case
Not applicable when testimony given in a special proceeding (in this case, the crime is perjury)
Basis of penalty: amount involved in the civil case
Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND PERJURY IN SOLEMN AFFIRMATION:
1.
2.
That an accused made a statement under oath or made an affidavit upon a material matter.
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.
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
proceedings
False testimony before the justice of the peace during the P.I. may give rise to the crime of
perjury because false testimony in judicial proceedings contemplates an actual trial where a
judgment of conviction or acquittal is rendered
A person who knowingly and willfully procures another to swear falsely commits subornation of
perjury and the witness suborned does testify under circumstances rendering him guilty of
perjury.
The false testimony is not in a judicial proceeding
1.
2.
Article 184
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 false witness need not be convicted of false testimony. The mere offer is sufficient.
III. FRAUDS
Article 185
That the accused solicited any gift or a promise from any of the bidders.
That such gifts or promise was the consideration for his refraining from taking part in that
public auction.
d
That the accused had the intent to cause the reduction of the price of the thing auctioned.
That the accused attempted to cause the bidders to stay away from that public auction
That the accused had the intent to cause the reduction of the price of the thing auctioned.
Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE:
Acts punished:
1.
2.
By monopolizing any merchandise or object of trade or commerce, 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
4.
1.
2.
3.
4.
1.
2.
3.
1.
2.
1.
2.
3.
1.
2.
3.
Article 187
That the offender imports, sells or disposes of any of those articles or merchandise.
That the stamps, brands, or marks or those articles or merchandise fails to indicate the actual
That the offender knows that the said stamp, brand, or mark fails to indicate the actual
Article 188
SUBSTITUTING ALTERING TRADE-MARK, TRADENAME, OR SERVICE MARK
Acts punishable:
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.
b By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has
been fraudulently used
c
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
d By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a
colorable limitation thereof, to enable another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.
Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF TRADENAME, TRADEMARK SERVICE
MARK, FRAUDULENT DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
Acts punished:
a
Unfair competition by selling his goods, giving them the general appearance of the goods of
another manufacturer or dealer
b Fraudulent designation of origin; false description 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
Fraudulent registration by procuring fraudulently from the patent office the registration of
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another
manufacturer or dealer
b That the general appearance is shown in the (a) goods themselves, or in the (b) wrapping of
their packages, or in the (c) device or words therein, or in (d) any other feature of their
appearance
c
That the offender offers to sell or sells those goods or gives other persons a chance or
Reference:
Criminal Law Book 2 Reviewer
Ateneo Central Bar Operations 2001